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HomeMy WebLinkAboutAgenda Packets - 1998/12/28 CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY,DECEMBER 28, 1998 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: McCarty, Stigney,Koopmeiners, Quick, Gunn 3. APPROVAL OF MINUTES A. December 14, 1998 City Council Meeting Minutes B. November 30 1998 Truth-In-Taxation Hearing Meeting Minutes 4. SPECIAL ORDER OF BUSINESS: A. Certificates of Appreciation for Outgoing Mayor and Council Members. B. Certificate of Appreciation for David Hix,Recording Secretary for City Council and Planning Commission. 5. CONSENT AGENDA A. Approve Just and Correct Claims. B. Approval of Temporary Liquor License for Robert's Off 10. C. Approval of Licenses for January 1 - June 30, 1999. (Report attached). D. Approval of Resolution No. 5292 Approving the Mounds View Newsletter Bid Award to Nsystrom Publishing for the Year 1999. E. Approval of Contractor Licenses. (Report attached). 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 7. COUNCIL BUSINESS A. Public Hearing (7:05 PM) and Consideration of Resolution No. 5297, a Resolution Approving a Conditional Use Permit for a Residential Dog Kennel for Tammy Schmitt, located at 2206 Hillview Road; Planning Case No. 542-98 B. Public Hearing to Consider Licenses for January 1, 1999 through June 30, 1999. C. Consideration of Resolution No. 5295,Authorizing the City to enter into a new lease agreement with Children's Home Society. D. Consideration of Bids for Booster Station Revisions. E. Consideration of Resolution 5296, a Resolution Approving a Final Plat for the Anthony Properties Addition. F. Consideration of Resolution No. 5298, a Resolution Approving a Development Review for an Alternate Site Plan for the Building N Site,Mounds View Business Park, Requested by Everest Development. G. Community Center Cleaning Proposals. H. Consideration of Resolution 5299, a Resolution Addressing the Appeal of Planning Commission Resolution 558-98, a Resolution Denying a Variance Request for Two Curb Cuts at 8111 Eastwood Road, Requested by Michael Tobias 8. REPORTS 9. Next Council Work Session: Monday,January 4, 1998-6:00 PM Next Council Meeting: Monday January 11 , 1999-7:00 PM Park&Rec Commission Meeting: Wednesday,December 30, 1998-7:00 PM 10. ADJOURNMENT MEMO December 23, 1998 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: December 28, 1998 City Council Meeting The short week will make for a short memo. First,thanks to Duane, Roger K., and Sherry for the time spent over the past two years working with you. Yours is a tough job and one that rarely gets the thanks it deserves. Regardless of issues,philosophies and background,the time you spend and the effort you give participating and contributing deserves some appreciation. Best of luck to each of you after the Council. It has been a pleasure working for you. As for the meeting, I will attempt to be succinct. Most items are self explanatory or standard business type matters. Available staff will be present for the other items. Council Business - Item 7A - Resolution 5297: This planning case will be presented by Jim Ericson regarding a CUP for a dog kennel. Item 7B -Public Hearing for City Licenses for January 1, 1999 to June 30, 1999: Carl's memo outlines the licences needing action. Council will recall that Cari is attempting to have all licenses expire June 30 to avoid the dual date need for review and action. Therefore some licenses will be for only six months. To date, staff is not aware of any complaints or concerns warranting denial or other action for these licenses. Item 7C -Resolution 5295 re: Children's Home Society Lease at Community Center: Staff has encountered a longer than anticipated delay in getting this understanding between the City and Children's Home Society formalized. The original agreement with CHS essentially led to a redrafting of the entire agreement in order to make the previously described changes for 1999. These changes are described in Carl's cover memo. We are awaiting CHS's legal review and response to the agreement. The City Council can however move ahead on approving the agreement as presented with Resolution 5295. Item 7D -Booster Station Bids: Mike has a report on this item and will attend the meeting to give a more detailed review. Item 7E - Resolution 5296 re: Final Plat for Anthony Properties Addition: Jim Ericson will again review this item with Council for their final approval. Anthony Properties did submit their check for the appropriate amount this week. Item 7F-Resolution 5298 re: Alternate Site Plan for Building N: Jim will also address this item with the Council. Item 7G-Resolution 5299 re:Dual Curb Cut Planning Commission Action:And Jim will report on this item familiar to the Council from last month. Item 7H- Community Center Cleaning Proposals: Staff has simply not gotten to this item. Bids have been received and we will attempt to review them on Monday with the Council. If warranted, we will request action.Unfortunately,time constraints,absences and other work have precluded this item to date. In other business, I met with Bob Long, Barb Haake and Steve Novak Tuesday on the airport litigation and legislative strategy. It was a good meeting which will help lay out the issues in the upcoming legislative session. We will be meeting again this Tuesday with other communities in an attempt to garner support for work in the upcoming session. We are staffed a bit low during this season as everyone tries to get in their vacation times prior to the first of the year. The YMCA personnel have been in the building getting programming set up. While we will face some blips along the way, it seems to be working out. The new phone system installation is being scheduled and hopefully will be up and running before too long. Also, some serious work is now being done with the new HVAC system here in City Hall. Council members may find parts of the building unoccupiable over the next two weeks, and we expect a certain amount of filth to be created. Finally, "Chief' has been given a new home having apparently done the job here. Cari said we received 45 inquiries. He was given a severance of a fresh litter box, two bell in the ball cat toys, and a letter of reference. We will miss him. Have a great Christmas and see you Monday evening. uNAppR [NED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting • December 14, 1998 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council was called to order by Mayor McCarty at 7:01 p.m., on December 14, 1998. Mayor McCarty introduced "Chief' the cat, Mounds View's newest employee. Cari Schmidt told the Council and viewing audience that Chief had been adopted from the Human Society and put to work at the City to help rid City Hall of its rodent problem. After working for the City for a two-week period, Chief will retire and be available for adoption by anyone that would be interested in giving him a good home. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Koopmeiners, Quick, and Stigney ALSO PRESENT: Chuck Whiting, City Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associate; Tracy Sanchez, Office Communications Coordinator; Cari Schmidt, Assistant City Administrator; Bob Long, City Attorney; Bruce Kessel,Finance Director; and Stacy Caton, Recorder. 3. APPROVAL OF MINUTES A. November 23, 1998, City Council Meeting Minutes MOTION/SECOND: Gunn/Koopmeiners to approve the November 23, 1998, City Council Meeting Minutes as amended. Stigney offered the following correction: Page 5, second paragraph, first sentence add the word "to" after the word "attached." In the second sentence, same paragraph, change the first occurrence of the word "plans" to "permits." VOTE: Ayes - 5 Nays - 0 The motion carried UNAPPROVED Mounds View City Council December 14, 1998 Page 2 4. SPECIAL ORDER OF BUSINESS: A. Certificate of Appreciation for Firefighter Michael F. McCalley, Retired December 7, 1998, from the Spring Lake Park, Blaine, Mounds View Fire Department. On behalf of the City, Mayor McCarty thanked McCalley and his wife for their many years of dedicated service. Mayor McCarty read the Certificate of Appreciation into the record. 5. CONSENT AGENDA A. Approve Just and Correct Claims B. Set a Public Hearing for 7:05 p.m., on Monday, December 28, 1998,to Consider Resolution No. 5287, Approving a Conditional Use Permit for a Residential Dog Kennel for Tammy Schmitt, located at 2206 Hillview Road. MOTION/SECOND: Koopmeiners/Quick to approve the Consent Agenda as published. VOTE: Ayes - 5 Nays - 0 The motion carried 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR Mayor McCarty opened the floor to the public. William Werner, 2765 Sherwood Road, said he had received an anonymous letter in the mail from a group calling itself "People for Fairness in Mounds View." Mr. Werner asked the party or parties responsible for the mailing to identify themselves and state the purpose of their mailing. Mayor McCarty said he was aware of the letter because it had been sent to the New Brighton Bulletin, but he had not personally read the letter. Mayor McCarty noted the subject matter of the letter was supposed to have been attacking the City budget action and outsourcing of the Parks and Recreation management to the YMCA. Mr. Werner said there were some very serious charges made in the letter and he would like the City Council to find out who wrote it. Mayor McCarty stated that the Park and Recreation outsourcing issue had gone through all phases of city government, including: Public hearings and Parks and Recreation Commission approval. It had been agreed on by all parties to proceed with the process. Mayor McCarty said he was not interested in the content of the letter. But if Mr. Werner found out who wrote the letter,he should let the City staff know. Cam Obert, 8315 Greenwood Drive, stated the news paper incorrectly quoted the Park and Recreation Commission as being opposed to the YMCA managing the Parks and Recreation Department. UNAPPROVED Mounds View City Council December 14, 1998 Page 3 Obert complimented the Mayor and Council for the work that they had done during the current year. He said he was disturbed with the casualness that the Parks and Recreation Management issue had been brought before the people of the City. It seems the only savings to be realized by the process is the elimination of the Park Director's salary. Obert said, "I was very bothered by that. I was embarrassed that night. I felt she was left to hang out to dry, almost like she was pleading for her job up here. It wasn't a good display by the City of Mounds View." Another issue of embarrassment was the fact that one of the neighboring communities put in a bid to run our City's Parks and Recreation Department. Obert asked, "Are we incapable?Are we that down in the minor leagues?Are we level B?, we're going to let level As run our business?" Obert said he was opposed to outsourcing the Parks and Recreation Department to the YMCA. He said the City's staff should have been given the opportunity to run the programs out of the new Community Center for a one-year period. Then the decision could have been made as to actual costs of the City-run program. Mayor McCarty in response: The City Council realizes one thing: The Community Center is going to have a very expensive operation and maintenance tag attached to it. Even if the entire City Council was to forgo their salaries the most that could be raised would be $39,000. This simply wouldn't make a difference as to whether or not the City staff ran the Parks and Recreation Department. The City is looking for the most efficient way to run its business. Outsourcing and privatization are among those options. The City has levy limits and state mandates that must be met, he said. Obert suggested that the City Council return to the "all volunteer" Council of the past as a means to save some money for the City. He said the other commission and board members of the City work for free, why not the City Council. 7. COUNCIL BUSINESS A. Public Hearing and Second reading of Ordinance No. 623, Authorizing the City council of the City of Mounds View to set water and waste water rates and surcharges effective with the January 1999 Billings. 1. Public Hearing 2. Second Reading 3. Consider Motion Adopting Mayor McCarty closed the City Council meeting and opened the public hearing. No public comments were considered. Mayor McCarty closed the public hearing and reopened the City Council meeting. Kessel reviewed the rate increases and reasons for the increases. UNAPPROVED Mounds View City Council December 14, 1998 Page 4 MOTION/SECOND: Quick/Koopmeiners moved approval and waive the reading of Ordinance No. 623, Authorizing the City Council of the City of Mounds View to set water and waste water rates and surcharges effective with the January 1999 Billings. ROLL CALL VOTE: Gunn, Quick, Stigney, Koopmeiners, and Mayor McCarty voting "aye" The motion carried. B. Public Hearing and second reading of Ordinance No. 624, An Ordinance Adopting the 1998 Long Term Financial Plan. 1. Public Hearing 2. Second Reading 3. Consider Motion Adopting Mayor McCarty closed the City Council meeting and opened the public hearing. No public comments were considered. Mayor McCarty closed the public hearing and reopened the City Council meeting. MOTION/SECOND: Koopmeiner/Quick moved approval and waived the reading of Ordinance No. 624, An Ordinance Adopting the 1998 Long Term Financial Plan. Discussion: Stigney told the Council he had "concerns with some of the content of this Long Term Financial Plan, and therefore, by adopting it, what does this mean?" Mayor McCarty told Stigney by adopting the Long Term Financial Plan he would be approving it. Whiting told the Council by adopting the Long Term Plan it is approved for a one-year period because the budget process is repeated on a yearly basis. Mayor McCarty said the Long Term Budget is a five-year plan but it can be amended from year to year to better fit the needs of the City. ROLL CALL VOTE: Quick, Koopmeiners, Gunn, Mayor McCarty voted "aye", Stigney voted "nay." The motion carried. C. Consideration of Ordinance No. 622, An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the Operation of the Utility within the City of Mounds View. Mayor McCarty asked the Council for their permission to discuss Item C.,the above, after Item UNAPPROVED Mounds View City Council December 14, 1998 Page 5 D. Consideration of Resolution No. 5283, Adopting the 1999 Property Tax Levy and General Fund Budget. The Council concurred unanimously. Stigney suggested that Item G. Consideration of Approving a Telecommunications Bid Award for City Hall, Community Center and Y2K Upgrade, also be considered before Item D. Mayor McCarty said the funds for Item G were coming from the Undesignated Reserve and would not effect the Franchise Fee or the Levy Limit so it would be okay to leave it in the order as published in the Agenda. D. Consideration of Resolution No. 5283,Adopting the 1999 Property Tax Levy and General Fund Budget. Whiting presented the Council, as directed at the Truth-in-taxation hearing of November 30, 1998, a plan to balance the $25,000 budget deficit that had been discussed at that meeting. Two areas of change have been explored: 1. The Community Service Officer Position($36,000) Staff was recommending that this full-time position be reduced to a half-time position and couple that position with the existing half-time CSO to give the City the equivalent of one full-time Community Service Officer. This would change the scope of the position and discussion would have to be held in this regard. 2. The receptionist position, part-time office help Staff was recommending elimination of this position. Staff also addressed an increase in the Franchise Fee from 2.5 percent to 3 percent, which could start March 1, 1999 and would add$31,000 of revenue. Kessel stated Resolution 5283 included the adjustments through Item 8 on the supplemental sheet. Quick asked Kessel to review the supplemental sheet. Kessel read the supplemental items into the record. MOTION/SECOND: Quick/Koopmeiners moved Resolution No. 5283, Adopting the 1999 Property Tax Levy and General Fund Budget. Stigney stated he did not agree with the increase in the Franchise Fee from 2.5 percent to 3 percent, nor did he agree with the hiring of additional staff in the form of the CSO. "There are many things in this budget that I don't agree with," Stigney said, "so I can't support it." The Mayor asked Stigney for an amendment. UNAPPROVED Mounds View City Council December 14, 1998 Page 6 MOTION/SECOND: McCarty/Gunn to amend the budget by dropping the CSO and the part- time receptionist position; and make the balance up to return the Franchise Fee to 2.5 percent from the Contingency Fund. That is we, would go from about$46,000 to around$30,000 on the Contingency Fund. Discussion: Koopmeiners asked if the CSO position would be completely eliminated by this action. Mayor McCarty agreed that it would and said the duties would be offset by reassignment of duties. VOTE (On the Amendment): Ayes - 4 Nay - 1 (Quick) The motion carried Quick said he voted against the amendment because the City needs an active code enforcement officer other than an already over worked City staff. MOTION/SECOND: Stigney/Mayor McCarty to eliminate all Rotary memberships and to eliminate the 3 percent salary adjustments. Koopmeiners asked Stigney how he would reduce the salaries. Stigney stated the subject would require further discussion by Staff and Council and he could not be specific at this time. Mayor McCarty said the Rotary memberships are essential for maintaining a competitive edge in the communities economic development program. He added the salary reductions being proposed are getting the City very close to the point of noncompliance with state law regarding equity pay. VOTE (On the amendment): Ayes - 1 (Stigney) Nays - 4 The motion failed VOTE (On the main motion as amended): Ayes -4 Nay - 1(Stigney) The motion carried C. Consideration of Ordinance No. 622, An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the Operation of the Utility within the City of Mounds View: 1. Consider Motion adopting MOTION/SECOND: Koopmeiners/Gunn to adopt Ordinance 622, An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the Operation of the Utility within the city of Mounds View. MOTION/SECOND: Mayor McCarty/Stigney to amend Ordinance 622, under Sec. II Subd. 2, second sentence and change the amount to 2.5 percent. R Ai/1 :ar« Mounds View City Council December 14, 1998 Page 7 VOTE (On the amendment): Ayes - 5 Nays - 0 The motion carried MOTION/SECOND: Mayor McCarty/Stigney that Sec. VIII,the Sunset Clause, be amended to December 31, 1999. VOTE (On the amendment): Ayes - 5 Nays - 0 The motion carried. ROLL CALL VOTE (On the main motion a amended): Koopmeiners, Gunn, Quick, Stigney, Mayor McCarty voting "aye." The motion carried. E. Consideration of Resolution 5284, Approving the 1998 Transfers and Budget Revisions. MOTION/SECOND: Gunn/Quick to approve Resolution 5284, Adopting the 1999 Budgets for Funds other than the General Fund. VOTE: Ayes - 5 Nays - 0 The motion carried. F. Consideration of Resolution No. 5285, Approving the 1998 Transfers and Revisions. MOTION/SECOND: Gunn/Koopmeiners to approve Resolution 5285, Approving the 1998 Transfers and Revisions. Discussion: Stigney asked for clarification of Item 3 of the Resolution,the $43,000 for updating the City Hall Telephone system. Stigney said no discussion had taken place with Council in regard to this issue. Mayor McCarty said if Council Business Item 7G was not approved no action would be taken on this issue. VOTE: Ayes - 5 Nays - 0 The motion carried. G. Consideration of Resolution 5290, Approving a Telecommunications Bid Award for City Hall, Community Center and Y2K Upgrade. Tracy Sanchez reviewed the staff report dated December 11, 1998, which outlined costs for upgrading the City's current telecommunications system, additions for the community center telephone service, and Y2K compliance needs. Stigney asked what the reference to "Y2K+Community Center only" meant on the equipment list dated November 25, 1998. Mayor McCarty asked if there had been an unqualified bid that Mounds View City Council UNAPPROVED December 14, 1998 Page 8 had come in after the bidding process. Ms. Sanchez told the Council that Executone had separately included a Y2K upgrade and also a Community Center addition of five phones only. Mayor McCarty asked if the quote was part of the original bidding document. Ms. Sanchez said it was not. Mayor McCarty said the discussion was limited to companies complying with the original bid documents. City Attorney Long stated any bid received outside the bid specifications would not be considered. Koopmeiners asked Whiting to tell the Council what problems the City has encountered with the current Executone system. Whiting said the system was not flexible when it came to hooking it up with the Golf Course. Koopmeiners stated that Executone's inability to get problems resolved had been very frustrating for the Police Department. Stigney noted if Executone upgraded the system it would be "like new." MOTION/SECOND: Stigney/McCarty to deny Resolution No. 5290,Approving a Telecommunications Bid Award for City Hall, Community Center and Y2K upgrades and throw out all bids. Ms. Sanchez stated Executone's $15,000 option would not be "state of the art," rather it would be a'band-aid' for the current system." MOTION/SECOND: Quick/Gunn to call the question. VOTE: Ayes - 4 Nays - 1 (Stigney) The motion carried VOTE (On the original motion): Ayes - 1 (Stigney) Nays - 4 The motion failed. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution 5290, Approving a Telecommunications Bid Award for City Hall, Community Center and Y2K Upgrades to Action Systems. Discussion: Stigney expressed his concern that the Council and staff did not understand the system that Executone was bidding and it is a waste of the tax payers money to pay for a system that is not what the City needs. Mayor McCarty said the staff is making a recommendation based on what they know their needs to be. They have analyzed the bids and their recommendation should be followed,he said. VOTE: Ayes - 4 Nays - 1 (Stigney) The motion carried H. Motion to Authorizing staff to select a vendor to provide vending machine services at the Community Center and for the Mayor and Clerk Administrator to execute a contract in UNAPPROVED Mounds View City Council December 14, 1998 Page 9 behalf of the City. Kessel reviewed the staff report dated December 11, 1998. MOTION/SECOND: Koopmeiners/Quick to authorize staff to select a vendor to provide vending machine services at the Community Center and for the Mayor and Clerk Administrator to execute a contract on behalf of the City. VOTE: Ayes - 5 Nays - 0 The motion carried. I. Consider Authorizing City Attorney and Clerk Administrator to finalize negotiations of the catering and food service agreement and authorize the Mayor and Clerk Administrator to execute finalized agreement. (Draft agreement attached.) At a Council Work Session staff had been directed to give the Council some idea of what other communities are paying for their catering services. Some cities do not have exclusive services. Several have a "kitchen fee" rather than a "percentage fee" which is around$75 Kessel said. The City of Maplewood offers a percentage guarantee for the cater. Kessel recommended against this approach until operation of the facility has stabilized. Kessel said an amendment had been added to the "exclusivity agreement" that seniors could have food in their area that was not catered in. Also, if events were going on in the gymnasium their food would not have to be catered in. This agreement also extended to people that were just serving desserts. Sherry Linke said the Community Center does not anticipate having groups of less than 100 people. MOTION/SECOND: Mayor McCarty/Quick to Authorize the City Attorney and Clerk Administrator to finalize negotiations of the catering and food service agreement subject to final approval by the Council and authorize the Mayor and Clerk Administrator to execute the interim agreement. VOTE: Ayes - 5 Nays - 0 The motion carried Mayor McCarty called a five minute recess at 8:55 p.m. Mayor McCarty reconvened the meeting at 9:00 p.m. J. Public Hearing and Consideration of Resolution No. 5286, Approving a Preliminary Plat Mounds View City Council uNAPPRovED December 14, 1998 Page 10 for the Anthony Properties Addition. Associate Ericson gave the staff report as follows: Anthony Properties,the developer of the 15-screen Carmike Theater project has applied for a major subdivision of the parcel formerly know as the O'Neil property, presently referred to as the "Theater Site." According to the City Code, a major subdivision is defined as a subdivision of a parcel greater than one acre in area or one in which more than one lot is created. The theater Site comprises approximately 26 acres and is proposed to be subdivided into seven parcels, in keeping with the approved final stage plan of the Planned Unit Development(PUD). The Mounds View City Council approved the development stage of the Anthony Properties PUD on April 27, 1998. This PUD allows for the 15-screen movie theater, three office buildings and two retail or restaurant uses. The final plan for this development was approved administratively by the City on July 30, 1998 and a building permit was issued for the theater building. The parking lot has been paved and striped and accesses have been stubbed into both Highway 10 and Donatelles. The access to County Road H2 has been completely installed. Because of the multiple uses and potential for multiple ownership entities, a platting (subdivision) of the theater site is required. This requirement is evident in Item 21 of the approved PUD Document for the Theater Site and results from a City Code stipulation prohibiting more than one principal structure upon a single parcel. Staff was recommending approval of Resolution No. 5286, a resolution approving the preliminary plat for the Anthony Properties Addition, with stipulations. Ericson noted that approval of Resolution No. 5286 would approve a preliminary plat. Before the final plat is approved, the City shall have received a park dedication fee in the amount of $103,250 from the applicant. Mayor McCarty, for clarification, said the 19 foot easement running parallel to Highway 10, which allows for implementation of the Highway 10 Design Theme is being granted in the preliminary plat by the developer. However, in the future that may be preempted by the state. Ericson said it is not granted as part of the platting process because you can only have utility or drainage easements on a plat. So what is needed is a separate easement document, which is currently being drafted by the City Attorney. The City sees no problem with the granting of the easement. Mayor McCarty stated the park dedication fee should be based on the higher of two figures, those being: current appraised value and estimated value at the time the project was initiated. UNAPPROVED Mounds View City Council December 14, 1998 Page 11 City Attorney Long recommended: In paragraph four of the resolution, state: "The applicant shall pay a park dedication in an amount equal to 10 percent of the fair market value of the land as determined by an appraisal. And then you can have an appraisal come in between now and the final plat and its going to be 10 percent of whatever that appraisal is." Mayor McCarty closed the City Council meeting and opened the public hearing. No public comments were consider. Mayor McCarty close the public hearing and reopened the City Council meeting. MOTION/SECOND: Mayor McCarty/ to approve Resolution 5286, Approving a Preliminary Plat for the Anthony Properties Addition, with the changes in Item four as stated by the City Attorney: Before the final plat is approved by the City,the applicant shall have paid a park dedication fee in the amount of 10 percent of the market value of the land as determined by an appraisal. The motion failed due to a lack of a second. MOTION/SECOND: Gunn/Koopmeiners to approve Resolution No. 5286, Approving a Preliminary Plat for the Anthony Properties Addition. VOTE: Ayes - 5 Nays - 0 The motion carried. K. Consideration of Resolution No. 5288 for Silver Lake Commons Agreement. City Attorney Long noted that the first document that the City Council had approved was called the "Initial Agreement." This agreement called for a housing development agreement, a management agreement, and a regulatory or operating agreement, all of which were designed to protect the interests of the City. Closing on the project is scheduled for the week of December 21, 1998. Staff was recommending approval of Resolution 5288 Authorizing the Mayor to enter into the stated agreements on behalf of the City of Mounds View. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5288 for Silver Lake Commons. VOTE: Ayes - 4 Nays - 1 (Stigney) The motion carried. L. Consideration of Resolution No. 5289, Approving Severance Packages for Mary Saarion UNAPPROVED Mounds View City Council December 14, 1998 Page 12 and Mary Johnson. Cari Schmidt reviewed the staff report outlining the stated severance packages. Also placed before the Council was Resolution 5291, Recognizing the abolition of the two positions from the Park and Recreation Department. MOTION/SECOND: Quick/Koopmeiners to approve Resolution 5291, Recognizing the abolition of the two positions from the City of Mounds View Parks and Recreation Department due to the outsourcing of the City's Parks and Recreation Department for budgetary reasons. VOTE: Ayes - 5 Nays - 0 The motion carried. MOTION/SECOND: Quick/Koopmeiners to approve Resolution 5289, Approving Severance Packages for Mary Saarion and Mary Johnson. VOTE: Ayes - 5 Nays - 0 The motion carried. M. Consideration of Resolution No. 5282, Approving the Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit. Cari Schmidt reviewed the staff report dated December 10, 1998. Staff was recommending adoption of Resolution 5282 approving the 1998 Labor Agreement contract with Public Works and Parks Maintenance Bargaining Unit. MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5282, Approving the Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit. MOTION/SECOND: Stigney/Mayor McCarty to amend the agreement back to a one-year contract. Discussion: Mayor McCarty said the shorter the contract the more advantage to the negotiators for the bargaining unit. This contract is an advantage to both parties in that they get a longer contract and the City gets more time to deal with contract renewal. Stigney said it was his opinion that the City would benefit from being able to look at the contract at the end of a one- year period. VOTE (On the amendment): Ayes - 1 (Stigney) Nays -4 The motion failed. VOTE (On the main motion): Ayes -4 Nays - 1(Stigney) The motion carried. Mounds View City Council UNAPPROVED December 14, 1998 Page 13 N. Update on the YMCA Contract and Interim Agreement. Kessel reviewed the staff report dated December 11, 1998. MOTION/SECOND: Mayor McCarty/Koopmeiners to direct the Clerk Administrator to go forward with the Interim Agreement, as listed in the December 11, 1998 staff report. VOTE: Ayes - 5 Nays - 0 The motion carried. Kessel said no response had been received on the RFP for bar service at the Community Center. City Attorney Long recommended that a motion be made authorizing the Mayor and Clerk Administrator to execute a transitional agreement with the YMCA. MOTION/SECOND: Quick/Koopmeiners to authorize staff to develop an interim agreement with the YMCA for management of the Community Center and authorize the Mayor and Clerk Administrator to execute that on an interim basis. VOTE: Ayes - 5 Nays - 0 The motion carried. City Attorney Long noted the City has created the new provision of the Code and Intoxicating Liquor Licenses, Chapter 500, entitled "Special Banquet Licenses," which allows an existing On- Sale Licensed facility in the City of Mounds View or where a contiguous city has issued a license to dispense liquor with a temporary license for certain events at the Community Center. To do so, the City has to follow the provisions in the Code for issuing a new license, which are covered in Section 502.08. 8. REPORTS Quick No Report Koopmeiners No Report Stigney No Report, but wished everybody a happy holiday. Gunn No Report Mayor McCarty announced that there are vacancies on the Charter Commission, and according to City Records,there will be seven other commission and/or board seats nearing their expiration dates. Quick asked if all reapplications have met the certification or requirements necessary for the applied for commission. Mayor McCarty said the new Council Members will be sworn in on January 4, 1999. Whiting UNAPPROVED Mounds View City Council December 14, 1998 Page 14 noted the meeting would have to be noticed as the first official business meeting of the year. Mayor McCarty announced receipt of an application for appointment to the Speed Assessment Committee. The applicant is a civil engineer, James L. Schmidt. Whiting told the Council Mr. Schmidt has been appointed to the committee. Mayor McCarty thanked the City Council for "getting back on track" with the Community Center. There is an extraordinary challenge for the City in its first year of operation. He also thanked the Council for keeping the Franchise Fee on track for its future elimination. Whiting said there would be a Parks and Recreation Commission meeting held on Wednesday, December 30, 1998 - 7:00 p.m.with an alternate date of January 7, 1999- 7:00 p.m. He also asked the Council to send one more of their members to attend the meeting. 9. Next Council Work Session: Monday, January 4, 1999-6:00 p.m. Next Council Meeting: Monday, December 28, 1998-7:00 p.m. Cable Commission Meeting: Tuesday, December 15, 1998-6:00 p.m. Planning Commission Meeting: Wednesday,December 16, 1998-7:00 p.m. 10. ADJOURNMENT There being no further business before the Council, Mayor McCarty adjourned the meeting at 9:50 p.m. Respectfully submitted, 141 X /17153-- Dave Hix Recording Secretary • D n n e vri flUVL PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY Truth-In-Taxation Hearing November 30, 1998 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council Truth -In-Taxation Hearing was called to order by Mayor McCarty at 6:00 p.m., on November 30, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Koopmeiners, Quick, and Stigney. MEMBERS ABSENT: None ALSO PRESENT: Chuck Whiting, City Administrator; and Bruce Kessel, Finance Director. 3. TRUTH-IN-TAXATION HEARING Whiting gave his budget summary as follows: The main points of concern have been the setting of the 1999 Tax Levy, the future of the Franchise Fee on the revenue side, issues such as the management of the Community Center and Recreation programming, addition of the positions of Community Service Officer, an addition of one or more positions to assist with Code enforcement, traffic management and other expenditures, including: An electronic message board, building maintenance position,janitorial services, for City Hall and/or the Community Center, receptionist position either full time or part tim, and the option of building inspection contracted services rather than a full-time employee as is the current policy. The budget that was presented in the Mounds View Matters was presented with the maximum allowable levy for the City and indicated an approximate increase of 5 percent for 1998. Along with the proposed expenditures and other revenues, a $3.7 million budget with a deficit of about $14,000 will need to be discussed and resolved to achieve a balanced budget. Kessel gave his report as follows: Kessel reviewed the County's information that explained the change in value of median-market UNAPPROVED Mounds View City Council November 30, 1998 Page 2 value homes within the different communities in Ramsey County. Mounds View's median-value home went from $92,000 to $97,5000, an increase of approximately 6 percent. Nineteen percent of the homes saw no change in value, 20 percent saw an increase or decrease of 5 percent, and 61 percent saw and increase of 5 to 10 percent. The Pay 1999: Any value of$75,000 the new rate is 1.7 percent. The impact of this is a total tax of$303, an increase of$27, or 9.8 percent. Total tax for the County, Pay 1999, the median value for Mounds View is $97,500. The total tax on this home would be $1,480 taking into account the County, the school district, and the various taxing jurisdictions, for a tax increase of$97, or 7 percent from 1998. For residents living in Commission District No. 1, residential properties will see a decrease of 3.3 percent in their overall taxes for 1999. Commercial and Industrial properties would see an approximate 12 percent decrease in taxes, and apartments would see an approximate 13 percent decrease in taxes. Kessel noted the budget, as originally presented, showed a deficit of$14,000. Since September it has come to the attention of staff that there was a transfer that should have been made from the Vehicle and Equipment Fund to fund a pickup that was scheduled to be purchased for $6,000 . Anoka County has informed the City that there will be a charge for dispatching fire services. This will be an approximate $3,000 charge that will have to be paid this coming year that has not been paid in the past. Contracting for Council Minutes will be an additional $2600 that needs to be added to the budget. A decrease of$5,000 in the Franchise Fee will have to be accounted for. With these adjustments the deficit is $18,686 dollars. In 1998 The Hay salary study had been made that yielded recommendations to help the City come into alignment with "comp worth" and a new pay plan that the City had taken into consideration. Staff is recommending using $7500 over and above the 3 percent cost of living salary adjustment to bring the City in line with the Hay salary study recommendations. Kessel said there is a proposal for the Fire Department to contract out for building inspections. This would yield a savings of$7500 if started in July of 1999 and an additional $6,250 if it was started April 1, 1999. These figures would bring the cumulative deficit in the General Fund to $12,436. The way the budget has been presented reflects the Community Center and Parks and Recreation programming being contracted out to the YMCA, Kessel stated. If the City retained management of the Community Center and Parks and Recreation programming, the budget would need to be increased by an additional $71,000. Kessel said if fuel estimates were decreased to reflect current conditions an additional $2,750 could be realized. Another savings opportunity could be realized if the number of Rotary Club memberships was reduced, a $700 savings for each membership that is dropped. Currently the City pays for three memberships. The Franchise Fee is in the budget at 2.5 percent. If this Fee UNAPPROVED Mounds View City Council November 30, 1998 Page 3 was increased to 3 percent, an additional $39,900 dollars would be generated for the City's budget. There is a 4.31 percent increase in the Levy. If this was reduced to 4 percent, it would cost the City $5,231. If it was reduced to 3 percent it would cost the City an additional $16,868. 2.5 percent would cost the City an additional $8,438. Kessel said one method to increase the City's traffic enforcement would be to hire an additional Community Service Officer(CSO). The addition of this one person would cost the City $36,000. One option to hiring a CSO would be to utilize the intern position that is presently in the community development department and use those dollars to offset the cost of the CSO. The net cost of this option would be $20,773. Kessel said it has been discussed in the past that the City acquire an electronic message board, located on Highway 10 close to City Hall. The estimated cost for this project is $40,000. In 1998 Coca Cola gave the City $10,000 to be used for this type of signage. The monies are currently in the General Fund reserves. The City Attorney has advised staff that TIF funds could be used to fund the signage if the sign is used to advertise City Programs and Community Center Programs. The City is proposing using TIF funds to fund 75 percent of the cost of the sign with the balance coming from the General Fund or Special Projects Fund. Kessel noted it had been discussed that a second and even a third CSO be considered for traffic enforcement. A second CSO would cost $36,000. Adding a third CSO would require the purchase of another police vehicle bring the cost of this third CSO to $56,000. Kessel told the viewing audience that City Hall currently has a part-time janitor. Staff is considering turning the position into a full-time position. This position would split its duties between the City Hall and the Community Center. The cost of a full-time janitor working under this scenario would be $43,980, minus the $11,000 that is currently being spent, putting the salary at $33,000. Half of the position's salary would be paid by the Community Center ($22,000) and the balance of $10,000 would have to come out of the General Fund. Kessel said staff is also considering hiring a receptionist for City Hall. If a full-time receptionist is added, the position would pay $27,000. Adding benefits to the salary, and the total addition would be $37,800, he said. There would be some part-time salary savings realized by hiring a full-time receptionist, making the net cost of hiring a full-time employee of$19,500. Another option would be to hire a high-school student through one of the school work programs. Kessel said state law allows a tax to be implemented against gambling proceeds. This option, if selected, would bring approximately $10,000. The City's Contingency Fee, currently at $46,000, could also be used to balance the budget. UNAPPROVED Mounds View City Council November 30, 1998 Page 4 One other item that has been discussed is a traffic signal to be located at Covent View and TH 10, this would cost the City $35,000. MSA finding can be used for this project so no General Funds will have to be used for the work. Whiting asked the Council to move to allow staff to arrange for interim management of the Community Center in order to take full advantage of all income generating activities that might be available for the building. Mayor McCarty asked if the original intent to transfer money from reserves, $14,086, was still an option to balance the budget. Kessel said it could be taken out of Reserves or an adjustment in the Contingency Fund. McCarty said if none of the options brought before the Council to this point, except the management of the Community Center, were not considered, the City's budget would be balanced. Kessel concurred if the $14,086 came from the Reserves or Contingency Fund. Mayor McCarty closed the Council meeting and opened the floor to the public for comments and questions. Dan Coughlin noted there was an increase of 733 percent in printing costs listed under the budget reports community development heading. He asked for an explanation for this large increase. Mayor McCarty said the increase was mainly due to printing costs associated with the Comprehensive Plan Update process that the City is currently involved in. McCarty noted the Met Council Grant that would offset some of the printing expenses had been accounted for in the 1998 calendar year. Mayor McCarty closed the public hearing and reopened the City Council Truth-In-Taxation Meeting. Straw Poll on "The Options" To direct staff to prepare a Resolution approving the salary adjustments in excess of 3 percent. Ayes - 4 Nays 1(Stigney) To direct staff to prepare a Resolution contracting for building inspections starting April I, 1999. Whiting said there would have to be some transition time allowed for because of personnel and the method in which building permits and inspections are done. The Fire Department has indicated their start date preference to be July 1, 1999. Ayes - 5 Nays - 0 UNAPPROVED Mounds View City Council November 30, 1998 Page 5 Whiting noted severance packages would have to be discussed for the City's current Building Inspector as well as the Parks and Recreation staff that will be affected by the outsourcing of the Parks and Recreation Programming and management of the Community Center. Mayor McCarty asked staff to proceed with their work on developing the proper severance packages. To direct staff to prepare a Resolution for operation of the Community Center and operation of the Parks and Recreation Programming. Ayes - 5 Nays - 0 Gunn noted the Parks and Recreation Commission had asked that the contract be as tight as it could be. They also requested that the program retain the "Mounds View Community Center" name. To direct staff to include in the budget a 10 percent reduction in the figures used to estimate the City's gasoline usage. Ayes - 5 Nays - 0 To direct staff to prepare a Resolution reducing the number of Rotary memberships from two to three. Ayes - 4 Nays- 1(Stigney) Stigney stated it was his opinion that the City didn't need to pay for any Rotary Club memberships. This would save $2100, Stigney said. To direct staff to prepare a Resolution increasing the Franchise Fee to 3 percent. Ayes - 4 Nays - 1(Stigney) Stigney stated he wanted to keep the Fee at its current 2.5 percent level. To direct staff to prepare a Resolution to leave the total property tax levy increase to 4.31 percent. Ayes - 4 Nays - 1(Stigney) UNAPPROVED Mounds View City Council November 30, 1998 Page 6 Stigney stated he would be in favor of reducing the total property tax levy to a 2.5 percent increase. To direct staff to prepare a Resolution to hire one CSO in lieu of the Community Development Intern. Whiting corrected the Mayor saying the entry-level position was added to assist in building inspection and code enforcement. The position is currently vacant. Ayes - 4 Nays - l(Stigney) Stigney stated the current half-time CSO should be expanded to full-time, thus the budget would only realize half of the anticipated increase for the proposed full-time employee. To direct staff to prepare a Resolution approving the purchase of an electronic message board with 50 percent funding from the TIF fund and the balance from the General Fund or Special Projects Fund. Ayes - 5 Nays - 0 To direct staff to prepare a Resolution contracting for building maintenance service (janitorial) whose services will be split between City Hall and the Community Center. Ayes - 5 Nays - 0 To direct staff to prepare a Resolution to hire one part-time receptionist/office support person. Ayes -4 Nays - 1(Stigney) To direct staff to prepare a Resolution to add a tax on the gambling proceeds generated by City licensed gambling venues. Ayes - 0 Nays - 5 Kessel noted at this point in the discussion the budget was at a ($24,800) balance. Mayor McCarty suggested directing staff to analyze current information and straw poll results bringing back a balanced budget for the December 14, 1998 City Council meeting. Whiting said he could make recommendations but he could not make the ultimate budget and development decisions. It is the Councils duty to establish appropriate service levels for the City of Mounds View, Whiting added. Mayor McCarty said the Contingency Fund is one resource that has not been used for several years and might be a possible source for the budgetary shortfall. Whiting told the Council that the unused portion of the Contingency Funds, if not used during the calendar year, reverts Mounds View City Council November 30, 1998 Page 7 back to the General Fund Reserve. Whiting said it might be a better idea to revisit the receptionist positions, perhaps even look more closely at the CSO position and building maintenance position, and possibly use a small portion of the Contingency. The question will still come back down to the level of services that the City wants to provide for its residents, Whiting said. Stigney noted that the auditors had made the opinion that the City's reserve levels were low and they recommended increasing this balance. Kessel said the auditors said the City's reserves were adequate, "within an average range for most cities." It was the consensus of the Council that staff bring back to the City Council meeting of December 14, 1998, a recommendation for reduction of expenditures,or other options that would reduce the $24,789 deficit. Whiting said staff would also work on the severance packages for the workers who are being or will be displaced by the upcoming budgetary decisions, i.e., Community Center management and the outsourcing of building inspection. Mayor McCarty , again, opened the floor for public questions and/or comment. Not questions and/or comments were considered from the public. Mayor McCarty returned the floor to the Council. 4. ADJOURNMENT There being no further business before the City Council's Truth-In-Taxation meeting, Mayor McCarty adjourned the meeting at 7:30 p.m. Respectfully submitted, (DaiUt 0715-- Dave Hix Recorder APPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 23, 1998 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m., on November 23, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Koopmeiners, Quick, and Stigney ALSO PRESENT: Chuck Whiting, City Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associate; Bob Long, City Attorney; and Dave Hix, Recorder. 3. APPROVAL OF MINUTES A. November 9, 1998, City Council Meeting Minutes MOTION/SECOND: Gunn/Stigney to approve the November 9, 1998, City Council Meeting Minutes as amended. Gunn offered the following correction: Under Council Business, Item 7B, change the name "Pam Reimersma" to "Pat Reimersma" throughout the discussion. Stigney offered the following corrections: Page 3, last paragraph, change the word "won" to "settled." Page 5, last paragraph, change the initials "B.V." to "V.B," same page and paragraph, change the spelling of the word "compliment" to "complement." Page 14, first motion and second, correct the spelling of the word "of" Page 13, insert the word "best" before the word "overall." Mayor McCarty stated the past election had the highest number of on-site registrations that the City has ever had. He commended all of the Judges and staff that helped in the process. Whiting stated a copy of the commendation would also be put in Cari Schmidt's file to recognize the work that she did in the election process. APPROVED Mounds View City Council November 23, 1998 Page 2 VOTE: Ayes - 4 Nays - 0 Abstain- 1 (Mayor McCarty) The motion carried 4. SPECIAL ORDER OF BUSINESS A. Resolution No. 5279, A Resolution of Commendation and Recognition to the 1998 Election Judges for a Successful Primary and General Election. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5279, A Resolution of Commendation and Recognition to the 1998 Election Judges for a Successful Primary and General Election. VOTE: Ayes - 5 Nays - 0 The motion carried 5. CONSENT AGENDA A. Approve Just and Correct Claims. B. Approval of Contractor Licenses. (Staff Report Attached) C. Approval of Resolution No. 5380, Approving the Election Results from the November 16, 1998 Recount. D. Set a Public Hearing for 7:10 p.m., on Monday, December 14, 1998, to consider Resolution No 5281, A Resolution Approving a Preliminary Plat for the Carmike Theater Development Site, located at 2430 Highway 10. MOTION/SECOND: Koopmeiners/Quick to approve the Consent Agenda as published. VOTE: Ayes - 5 Nays - 0 The motion carried. 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR Mayor McCarty opened the floor for residents' requests and comments on items not on the agenda. No residents' requests or comments were considered on items not on the agenda and the floor was returned to the Council. 7. COUNCIL BUSINESS A. Appeal of a Variance Denied by the Planning Commission on September 16, 1998, Requested by Michael Tobias of 8111 Eastwood Road. AppRov ,r_ D Mounds View City Council November 23, 1998 Page 3 Associate Ericson gave the staff report as follows: On September 16, 1998, the Planning Commission, acting as the Board of Adjustment and Appeals, denied a variance request by Mr. Tobias to allow for two curb cuts on his lot, one accessing Eastwood Road, the other to access Sherwood Road. The Planning Commission acted to deny the variance request on the basis that there was no discernable hardship associated with the property which would warrant the granting of such a variance. Mr. Tobias was before the City Council exercising his right to have the Planning Commission's ruling of denial appealed to the Mounds View City Council. In April of 1998 Mr. Tobias's request for a building permit to replace his driveways was denied because of Mounds View's existing ordinance that limits a single-family home to only one curb cut. Mr. Tobias agreed to eliminate the Sherwood Road driveway and the City issued him the appropriate building permit. The contractor that Mr. Tobias had hired, ACI Construction Inc., did not follow the construction plan and reconstructed both the Eastwood Road driveway and the Sherwood Road driveway. This was not an intentional act by Mr. Tobias, but an error on the part of the construction company. Staff notified Mr. Tobias that he had two options to bring his property in compliance with City Code: 1. Remove the portion of the driveway going to Sherwood Road; or 2. Apply for a variance Mr. Tobias applied for the variance, which was denied. The Planning Commission determined that the work that Mr. Tobias had contracted for was not repair or maintenance type work but reconstruction; thus,the work required a variance. The Planning Commission also discussed its option to waive the one-curb cut requirement if it is in the best interest of public safety. The Planning Commission determined traffic counts in the area were not sufficient to warrant a hazard to either the property owner or drivers in this area. Ericson reviewed the rationale for the City's Code that does not allow for more than one curb cut for a single-family home. He also stated that no other variance requests with similar conditions had been made since 1979,the implementation date of the Code. It is the City's intent to bring nonconforming properties into conformance at the time that work is being done to the property. Mr. Tobias's problem was discovered when the City was doing its final inspection for the property, which is normal policy. Michael Tobias, 8111 Eastwood Road, said he has been a resident of Mounds View for over ten years. He and his wife have invested a substantial amount of money improving their home, including: New roofing, new bedrooms and bathrooms, and new siding. The final part of the improvement process was to repave the existing driveways. He stated these driveways were AppRovb Mounds View City Council November 23, 1998 Page 4 there when they moved into the house and would fall under the City's "grandfather" rules. " Mr. Tobias reviewed the seven criteria that need to be met in order for the City to grant a variance request. He said it was his feeling that the Planning Commission did not consider a part of the criteria which states that a variance may granted if"practical difficulties" could be proved. Mr. Tobias said his practical difficulty is public safety, backing out of his driveway into oncoming traffic. Koopmeiners noted that the old driveway had been completely removed and replaced with new work. Mayor McCarty noted the construction company had revised their bid after the City denied the first building permit request. A second permit request was granted based on he City's recommendations and the contractor revised his bid in accordance with these City recommendation. So both Mr. Tobias and the contractor were aware that the Sherwood Road driveway was not a permitted condition. Ericson concurred with the Mayor's analysis. Stigney stated Mr. Tobias had made a good case and should be granted his request for a variance. The contractor made an error and Mr. Tobias is not at fault, he added. MOTION/SECOND: Stigney/Gunn to approve the variance based on the facts as presented. Discussion: Mayor McCarty said that allowing a variance for Mr. Tobias would not bring a "wholesale two curb cuts" into the City on mid-block lots. He suggested that a change may be needed to the ordinance to make exception to corner lots because of their proximity to the corners and stop sign or traffic control devices. "Variances should not be the normal mode, they should be the exception," he stated. Quick stated he was opposed to the variance because the safety circumstance that Mr. Tobias had referred to, backing out of his driveway, was unsubstantiated. Grandfather clauses apply to properties only until the time there is going to be work done on the property, at which time the properties are brought up to code, he said. Quick said one of the goals of City development is to keep impervious surfaces down to a minimum. "If the City didn't have codes and rules to direct development within the City, we're just going to have a hodgepodge," he said. Quick said, "Codes are there to protect everybody else's interest,plus the property owner's." Koopmeiners noted that Mr. Tobias agreed to abide by the City's request that the Sherwood Road driveway be removed, and the permit was issued on that basis. The home owner is ultimately responsible for the work that is done on his property. Mounds View City Council APPROVED November 23, 1998 Page 5 Gunn asked if the contractor had admitted any wrong doing. Mr. Tobias said they have indicated they are not willing to remove any of the work. Mayor McCarty asked staff if the appropriate plans had been attached to the building permit. Ericson stated all building permits have the appropriate plans attached when they are sent to the applicants. The contractor had the correct plans before any work was to begin, he added. MOTION/SECOND: McCarty/Stigney to table the variance request until such time as the City and staff can review the ordinance,hold the appropriate public hearings, and make a judgement as to the relevance of the Code as it stands at present. Discussion: Mayor McCarty agreed there was a public safety issue as Mr. Tobias had stated. Stigney restated his opinion that Mr. Tobias had done nothing wrong and the variance should be granted. Mayor McCarty stated each time a variance is granted the Code is weakened by the precedent that is set. He said tabling the issue would give Mr. Tobias a chance to "stay out of the fray" for a while and then the City could take the necessary steps to amend the ordinance, if deemed applicable. Quick stated the only time the City should consider changing an ordinance is when the City is "swamped" with variance requests. "I've been here continuously for 14 years, and I cannot remember one request such as this for a variance for two curb cuts in this situation. There is not a need out there to change this," he said. Quick added, "This is a black and white situation and we have to deal with it tonight." Attorney Long stated Mr. Tobias was raising an interpretation question that is both a legal question and a policy question of whether or not the work that was done was maintenance/repair work or new construction. If the work is maintenance/repair a variance is not required. If the work is new construction or reconstruction, and the question of conformity is raised, then a variance would be needed. Mayor McCarty told Mr. Tobias that he would have to agree to waive the 60-day rule and give the City the opportunity to review the ordinance in question. Quick told Mr. Tobias that his request would be considered by new Council Members and a new Mayor. Mayor McCarty told Mr. Tobias if the ordinance was changed in the review process his driveway would be in compliance and a variance would not be necessary. If the ordinance stays as is he would have the opportunity to reappear before the Council to continue arguing his case. Mr. Tobias asked if there would be any additional fees charged to him for the variance request. Mayor McCarty said no additional costs would be charged in the application. Staff concurred that there would be no additional costs. Mr. Tobias agreed to waive the 60-day rule. VOTE: Ayes - 4 Nays - 1 (Koopmeiners) The motion carried Chad Harris expressed his concern that the City was taking the appropriate steps to deal with the year 2000 ("Y2K") computer problem. Mayor McCarty and City Administrator Whiting APPROVED Mounds View City Council November 23, 1998 Page 6 assured Harris that the problem was being dealt with in a timely manner. 8. REPORTS Quick No Report Koopmeiners No Report Gunn No Report Stigney No Report Mayor McCarty announced open seats on the Planning Commission, Street Committee, and Charter Commission. He invited members from the viewing audience to participate in their City's government by serving on one of the City commissions. Whiting told the viewing audience that a Park and Recreation Commission meeting to discuss the possibility of contracting for park and recreation services and management of the Community Center with the YMCA has been set for November 23, 1998 at 7:00 p.m. The 1999 Budget Truth and Taxation meeting is set for November 30, 1998, 6:00 p.m. at City Hall. 9. Park& Recreation Commission Meeting: Tuesday, November 24,1998-7:00 p.m. 1999 Budget and Truth and Taxation Meeting: Monday,November 30, 1998 - 6:00 p.m. Next Council Work Session: Monday, December 7, 1998-6:00 p.m. Next Council Meeting: Monday, December 14, 1998-7:00 p.m. 10. ADJOURNMENT MOTION/SECOND: Koopmeiners/Stigney to adjourn the meeting at 8:28 p.m. VOTE: Ayes - 5 Nays - 0 The motion carried Respectfully submitted, D VL /i7 - Dave Hix Recorder 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: 12416 through 12506 in the amount of$ 203,974.95 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 203,974.95 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 12/29/98 by the vote ayes nayes Mayor Clerk-Administrator Date: 12/21/1998 Time: 09:06:34 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: V 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 12436 A T & T Wireless State Display Service 4415 55.67 Total for Vndr A T & T Wireless 55.67* 12432 Action Systems Phone System down paymen 4160 17,036.80 Total for Vndr Action Systems 17,036.80* 12437 AirTech Environmental, Hazardous Material surve 4650 630.00 Total for Vndr AirTech Environm • 630.00* 12438 Airtouch 202-4548 4901 89.26 12438 Airtouch 581-4716 4901 36.80 Total for Vndr Airtouch 126.06* 12439 Assn. of Metropolitan Policy Adoption Meeting 4130 30.00 Total for Vndr Assn. of Metropo 30.00* 12440 Batteries Plus Gates Pack 4160 67.06 12440 Batteries Plus Gates Pack, Maglite 4160 164.99 Total for Vndr Batteries Plus 232.05* 12441 Beisswengers Brass Nipple, Pipe Cap 4823 3.17 12441 Beisswengers Couplings 4823 30.54 12441 Beisswengers Elbows 4460 2.43 12441 Beisswengers Flat Rubber Cap, Hose Co 4460 4.35 12441 Beisswengers Nail Set, Scraper 4160 12.33 Total for Vndr Beisswengers 52.82* 12442 Best Access Systems Keyed Cores 4650 967.14 Total for Vndr Best Access Syst 967.14* 12443 Browning Ferris Indust Waste Pickup 4200 33.00 Total for Vndr Browning Ferris 33.00* 12429 Bruce Kessel Expense Reimbursement 4350 77.16 Total for Vndr Bruce Kessel 77.16* Date: 12/21/1998 Time: 09:06:34 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills I Check # Vendor Alpha Name Description All Amount 12444 Bumper to Bumper 22" Snowblade 4462 21.47 12444 Bumper to Bumper Automotive Fuses 4462 47.61 12444 Bumper to Bumper CR HB88107A 4465 29.32 12444 Bumper to Bumper WIX 51060 4465 39.99 Total for Vndr Bumper to Bumper 138.39* 12445 Carlson Tractor & Equi Cooler Assy. 4360 209.03 Total for Vndr Carlson Tractor 209.03* 12491 City of St. Paul Asphalt Mix 4470 93.68 Total for Vndr City of St. Paul 93.68* 12446 Cottens, Inc. Rad. Hose 4465 16.21 12446 Cottens, Inc. Relay 4462 17.22 Total for Vndr Cottens, Inc. 33.43* 12447 Crysteel Dist., Inc. Underbody Tool Box 4415 363.85 Total for Vndr Crysteel Dist., 363.85* 12448 D. C. A. Inc. Flex Spending Acct.-Nov. 4160 158.10 Total for Vndr D. C. A. Inc. 158.10* 12458 David Hix Record. Planning Mtg.12/ 4180 65.00 Total for Vndr David Hix 65.00* 12449 Ebert Construction City Hall Remodeling 4160 90,436.00 Total for Vndr Ebert Constructs 90,436.00* 12450 Fedors Market Pop for Electiion Judges 4140 36.01 Total for Vndr Fedors Market 36.01* 12451 Friendly Chevrolet GEO Risers 4465 93.29 12451 Friendly Chevrolet GEO Sensor, Switch 4465 53.70 12451 Friendly Chevrolet GEO WHL-Strg. 4462 186.59 Total for Vndr Friendly Chevrol 333.58* 12452 G E Capital Computer Equipment 4150 2,628.42 Total for Vndr G E Capital 2,628.42* 12428 General Construction S Concrete Work 4901 5,600.00 Total for Vndr General Construc 5,600.00* 12453 Gillund Enterprises Rust Penetrant, Brake Cl 4462 174.74 Total for Vndr Gillund Enterpri 174.74* 12454 Goossen Industries & C Flail Mount Pin, Rubber 4360 110.19 Total for Vndr Goossen Industri 110.19* 12455 Gopher State One-Call, 62 Calls 4823 108.50 Total for Vndr Gopher State One 108.50* • Date: 12/21/1998 Time: 09:06:34 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12456 Green Tree Vendor Sery Lease Payment 4823 153.28 Total for Vndr Green Tree Vendo 153.28* 12457 Hawkins Water Treatmen Chlorine 4825 638.20 Total for Vndr Hawkins Water Tr 638.20* 12459 Hornungs Pro Golf Sale Golf Merchandise 4901 210.16 • Total for Vndr Hornungs Pro Gol 210.16* 12460 Hydraulic Specialty Co Hoses, Couplings 4465 31.63 Total for Vndr Hydraulic Specia 31.63* 12418 ICMA Retirement Trust ICMA for 12/17/98 3,768.08 Total for Vndr ICMA Retirement 3,768.08* 12461 Kath Fuel Oil Service Antifreeze 4462 201.76 12461 Kath Fuel Oil Service Fuel 4900 308.41 Total for Vndr Kath Fuel Oil Se 510.17* 12462 Knox Commercial Credit 4160 -289.77 12462 Knox Commercial Credit Drill Bit 4470 6.05 12462 Knox Commercial Credit Fibre Pls RF 4650 24.71 12462 Knox Commercial Credit Lumber 4823 24.48 12462 Knox Commercial Credit Lumber, Polyurethane 4160 140.46 12462 Knox Commercial Credit Oak, Wood Filler, Nails 4160 54.43 12462 Knox Commercial Credit Paint, Valspar Clear, Br 4350 96.04 12462 Knox Commercial Credit Plywood, Sylvania Lights 4470 41.12 12462 Knox Commercial Credit Spackle, Paint, Roller 4160 24.25 Total for Vndr Knox Commercial 121.77* 12463 League of Minnesota Ci Membership Dues 4100 6,973.00 Total for Vndr League of Minnes 6,973.00* 12465 League of Minnesota Ci Workers' Comp. 4902 20,304.00 Total for Vndr League of Minnes 20,304.00* 12466 Lillie Suburban News Truth in Taxation Ad 4160 105.79 Total for Vndr Lillie Suburban 105.79* 12467 MacQueen Equipment, In Stop Tooth Block, Link L 4823 26.76 Total for Vndr MacQueen Equipme 26.76* 12468 Markertek Video Supply Video Equipment 4350 41.00 Total for Vndr Markertek Video 41.00* 12435 Marquis, Inc. SAC credit on property 1,000.00 12435 Marquis, Inc. Sewer & Water permit ref 51.00 Total for Vndr Marquis, Inc. 1,051.00* 12483 Matt Parrott & Sons Co Laser A/P Checks 4150 554.36 Date: 12/21/1998 Time: 09:06:34 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Matt Parrott & S 554.36* 12469 Menards Sanding Sponge, Taping K 4472 13.93 Total for Vndr Menards 13.93* 12499 Michael Ulrich Expense Reimbursement 4823 170.06 Total for Vndr Michael Ulrich 170.06* 12470 Mid America Business S Minolta Printer Repair 4160 155.45 Total for Vndr Mid America Busi 155.45* 12471 Miller Tree & Landscap Tree Removal 4380 989.10 Total for Vndr Miller Tree & La 989.10* 12472 Minar Ford Contr.Asy. 4462 29.24 Total for Vndr Minar Ford 29.24* 12419 Minnesota Benefit Asso MN Benefits for December 191.20 Total for Vndr Minnesota Benefi 191.20* 12420 Minnesota Child Suppor Child Support for 12/17/ 690.90 Total for Vndr Minnesota Child 690.90* 12421 Minnesota Mutual MN Mutual for 12/17/98 307.69 Total for Vndr Minnesota Mutual 307.69* 12473 Minnesota Recreation & 12 Softball Berths 4352 1,320.00 12473 Minnesota Recreation & 2 Softball Berths 4352 190.00 Total for Vndr Minnesota Recrea 1,510.00* 12422 MINNESOTA STATE RETIRE MN Retirement for 12/17/ 100.00 Total for Vndr MINNESOTA STATE 100.00* 12475 Mita Financial Service Mita Copier Payment 4200 102.99 Total for Vndr Mita Financial S 102.99* 12476 Mounds View, City of Meter Refund-5315 Raymon 30.00 12476 Mounds View, City of Meter Refund-7932 Fairch 30.00 Total for Vndr Mounds View, Cit 60.00* 12477 National Golf Foundati Membership 4901 85.00 Total for Vndr National Golf Fo 85.00* 12478 New Brighton Parks/Rec Bus Rental 4351 80.94 Total for Vndr New Brighton Par 80.94* 12479 Nike, Inc. Golf Merchandise 4901 96.95 Total for Vndr Nike, Inc. 96.95* 12480 North Country Ford L P Asy. 4465 6.12 Date: 12/21/1998 Time: 09:06:34 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr North Country Fo 6.12* 12481 North Metro Mayors Ass Dinner Board Meeting 4130 30.00 Total for Vndr North Metro Mayo 30.00* 12482 Northern States Power 1699079th Ave.N.E.-Beach 4360 22.28 12430 Northern States Power 2401 Hwy. 10-Well #1 4823 817.63 12482 Northern States Power 2710 Co. Rd. I 4360 75.26 12482 Northern States Power 5214 Long Lake Rd. 4360 37.21 12482 Northern States Power 8290 Coral Sea - Sign 4901 16.45 Total for Vndr Northern States 968.83* 12484 Plaisted Companies, In Topdressing 4900 284.12 Total for Vndr Plaisted Compani 284.12* 12485 Professional Engineeri Professional Engineer 4901 180.00 Total for Vndr Professional Eng 180.00* 12423 Public Employees Insur Health Ins. for January 4200 16,767.95 • Total for Vndr Public Employees 16,767.95* 12424 Public Employees Retir PERA for 12/17/98 13,401.08 Total for Vndr Public Employees 13,401.08* 12486 Ramsey County Citations furnished by R 4200 384.75 12486 Ramsey County Co.License Fee,MPCA Fee, 4901 508.00 12486 Ramsey County Conditional Use Permit 4180 19.50 12486 Ramsey County Property Records 4180 90.00 Total for Vndr Ramsey County 1,002.25* 12488 Ramsey County Chiefs/P Membership Dues 4200 20.00 Total for Vndr Ramsey County Ch 20.00* 12487 Ramsey County League o Holiday Banquet 4130 120.00 Total for Vndr Ramsey County Le 120.00* 12489 River Junction Tree Se Tree Removal 4380 2,165.50 Total for Vndr River Junction T 2,165.50* 12490 Ryder Student Transpor Transportation to Plymou 4351 142.50 Total for Vndr Ryder Student Tr 142.50* 12431 Saturn Sportswear Artwork for Mounds View 4160 90.00 Total for Vndr Saturn Sportswea 90.00* 12492 Savin Corporation 1st Quarter payment on C 4160 2,421.00 Total for Vndr Savin Corporatio 2,421.00* 12493 Short-Elliott & Hendri Intro to Arcview Course 4180 500.00 Total for Vndr Short-Elliott & 500.00* Date: 12/21/1998 Time: 09:06:34 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12494 Spring Lake Park Fire Fire Inspection Services 4210 980.63 Total for Vndr Spring Lake Park 980.63* 12495 Spring Lake Park Lumbe Lumber 4823 28.15 Total for Vndr Spring Lake Park 28.15* 12496 Stanway Excavating, In Strip Sod and Soil for n 4900 266.00 Total for Vndr Stanway Excavati 266.00* 12425 Sunrise United Methodi Sunrise for December 14.00 Total for Vndr Sunrise United M 14.00* 12497 Toll Gas & Welding Sup Acetylene Cylinders 4462 12497 Toll Gas & Welding Sup Hazardous Material Char 4462 5.70 g 21.9 2 2 Total for Vndr Toll Gas & Weldi 27.62* 12433 Tom Heapy Meter Refund 40.00 Total for Vndr Tom Heapy 40.00* 12498 U. S. Filter/Waterpro Hydrants 4823 2,177.00 Total for Vndr U. S. Filter/Wat 2,177.00* 12500 U. S. West 784-3055 4160 1,176.99 12500 U. S. West 784-4349 4160 12500 U. S. West 66.32 784-9871 4160 118.20 12500 U. S. West E07-1580 4823 12500 U. S. West 164.86 E23-4126 4823 31.55 Total for Vndr U. S. West 1,557.92* 12501 U. S. West Communicati 780-1908 4360 12501 U. S. West Communicati 784-1076 20.87 4360 20.87 12501 U. S. West Communicati 784-1305 4360 20.87 Total for Vndr U. S. West Commu 62.61* 12426 United Way of the St. United Way for 4th Quart 342.00 Total for Vndr United Way of th 342.00* 12502 Unitog Rental Services Uniform Rental 4826 508.37 Total for Vndr Unitog Rental Se 508.37* 12474 University of Minnesot Institute Registration 4650 60.00 Total for Vndr University of Mi 60.00* 12503 Viking Safety Products Survey Marker Flags 4823 404.18 Total for Vndr Viking Safety Pr 404.18* 12504 Voss Lighting HV150A 4823 Lighting 95.85 12504 Voss Li g g Phil MOG Lamps 4460 36.14 Total for Vndr Voss Lighting 131.99* IIIIP Date: 12/21/1998 Time: 09:06:34 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12505 West Weld Bobcat Disc 4462 66.57 Total for Vndr West Weld 66.57* 12417 Western Bank Replenish Petty Cash 246.29 12427 Western Bank Savings for 12/17/98 120.00 Total for Vndr Western Bank 366.29* 12434 William Lake Meter Refund 40.00 Total for Vndr William Lake 40.00* Grand Total 203,974.95* fie.) Item No. Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda;CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt/ Bruce Kessel Item Title/Subject: Temporary Liquor License for Robert's Off 10 Date of Report: December 22, 1998 Robert's Off Ten has applied for a temporary on sale/off premise liquor license for an event at the community center on December 31. The paperwork is in order. Staff Recommendation: Approve the temporary liquor license for Robert's Off Ten Item No. Type of Business: CA WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council • From: Cari Schmidt Item Title/Subject: Licenses for Jan. 1 -June 30, 1999 Date of Report: December 21, 1998 The following licenses expire on December 31, 1998: Amusement American Amusement Arcades for — Mermaid, Donatelles and Roberts off 10 Therapeutic Massage - Enterprise Appearance Plus - Marlys Jensen Therapeutic Massage-Therapist Appearance Plus - Rita Evenson As the applications and fees come in, staff is processing accordingly. Staff Recommendation: Approve the licenses pursuant to Municipal Code, pending appropriate application materials and license fees are received by the City. Item No. 5D Meeting Date: 12-28-98 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: Tracy Sanchez, Office Communications Coordinator Item Title/Subject: Consider Approving Resolution No. 5292, Approving the Mounds View Newsletter Bid Award to Nystrom Publishing for the Year 1999. Date of Report: December 23, 1998 The following Resolution No. 5292 is approving the Mounds View Matters bid award to Nystrom Publishing for the year of 1999 in the amount of$17, 439.44. This is the third consecutive year Nystrom has come in with the low bid for a total of printing six bi-monthly newsletters. Staff Recommendation: Approve Resolution No. 5292, awarding the publishing of the six bi-monthly newsletters to Nystrom Publishing, pursuant to section 12.13 of the Municipal Code. RESOLUTION NO. 5292 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE MOUNDS VIEW NEWSLETTER BID AWARD TO NYSTROM PUBLISHING FOR THE YEAR 1999 WHEREAS, each year,the printing for the Mounds View Matters Community Newsletter is sent out for bids; and WHEREAS, the 1999 printing contract will begin on December 30, 1998 for the printing of the January/February, 1999 newsletters; and WHEREAS, the bid is for a total of six bimonthly newsletters; and WHEREAS, the low bid was $17,439.44 from Nystrom Publishing, who has printed our newsletter previously; and WHEREAS, the Editorial Board Committee unanimously recommends awarding the bid to Nystrom Publishing; and NOW, THEREFORE, BE IT RESOLVED that the City Council and Clerk-Administrator of the City of Mounds View hereby approves the bid award to Nystrom Publishing for$17,439.44. Adopted this 28th day of December, 1998 ATTEST: Mayor Duane McCarty (SEAL) City-Clerk Administrator, Charles S. Whiting c:\resol uti\cc\5292\pr CM?'OF F19awe , Phone: (612) 717-4000 EW Fax: (612) 784-3462 A roeress • Partne�S���S November 30, 1998 Dear Prospective Bidder: Enclosed are bid specifications for printing six of the 1999 newsletters for the City of Mounds View. The City of Mounds View will publish six newsletters in 1999. Please read the Instruction to Bidders, Specifications and Proposal Form carefully. If you need further explanation,please call me at 717-4016. The deadline for submitting the newsletter bids is Friday, December 11, 1998 AT 12:00 NOON. Bid forms should be delivered to: City of Mounds View Tracy Sanchez Office Communications Coordinator 2401 Highway 10 Mounds View,MN 55112 (612) 717-4016 Thank you in advance for your time and consideration in reviewing and submitting a bid proposal to the City of Mounds View. Sincerely, rZai: ,5 , Z-- Tracy Sanchez Office Communications Coordinator Enclosures strs,;(INKT„ 2401 Highway 10• Mounds View, MN 55112-1499 « .d over Equal Opportunity Employer SPECIFICATIONS FOR PUBLISHING CITY NEWSLETTERS FOR THE CITY OF MOUNDS VIEW, MINNESOTA 1 . GENERAL The following specifications are for the printing and publishing of the 1999 City of Mounds View Matters city newsletters. In 1999, the City will publish six newsletters: Four - up to 40 page newsletters, and two - up to 36 page newsletters. The City Council reserves the right to reject any and all bids and to waive irregularities and informalities therein and also reserves the right to increase or decrease quanities based on unit price and further reserves the right to award the contract in the best interest of the City. The bidder will furnish only the highest quality materials and workmanship. Failure to do this will be cause for rejection. The bidder will show ability to supply artwork, graphics, photo reproduction, layout, proofreading, pickup and delivery, bundling and mailing services, and storage. Bids not complying with these specifications will be rejected. If additional features are incorporated at no cost to the City, they may be noted on the proposal form, but they will not be treated as substitutions for required features. The first issue will be delivered to the City of Mounds View in late-December, 1998. 2. PAPER STOCK The Newsletter will be 8-1/2 x 11 inches, white 60# recycled paper. 3. INK The newsletter printing will be two colors throughout. The color selection will be made by the editor upon submitting each camera ready newsletter to the printer. 4. STAPLING AND FOLDING Each Newsletter will be folded to the 8-1/2 x 11 inch size as previously described and saddle-stitched. (See enclosed newsletter). 5. BUNDLING Newsletters will be bound into bundles of fifty. Bundles will be bound in accordance with acceptable U.S. Postal Service policy for Carrier Pre-sort Delivery. 6. MAILING OR DELIVERY TO CITY HALL Newsletters should be prepared for Carrier Pre-sort delivery and delivered to the St. Paul post office within specified time lines as determined by the City of Mounds View. Route numbers and amounts will be furnished by the City of Mounds View. The printer will provide payment to post office on delivery of newsletters and will in turn bill the City of Mounds View for the cost of postage on an itemized billing statement. Delivery may be provided by a nonprofit organization and at that time the City will notify the printer to deliver the newsletters to the City Hall. 7. TIME OF DELIVERY Upon receipt of camera ready copy from City of Mounds View, the bidder will supply a five (5) work day delivery of brochures to the post office and remainder to the City of Mounds View unless otherwise specified by the City of Mounds View. 8. LATE CHARGE The bidder will be assessed a penalty of $100 per day for each day after the newsletter is not completed and delivered to the post office after the five (5) work day period. 9. COPY VARIANCE The City of Mounds View will provide camera-ready copy with some exceptions such as photographs, graphs, etc. Each bidder should bid his costs for these additional services beyond the price per page on the form provided. 10. COPY CHANGES The City of Mounds View will assume financial responsibility for any copy changes or corrections that are requested by the City. 11. PROJECTED TIME SCHEDULE MATERIAL s PRINTER'SFINAL j , BROCHURE ISSUE " ; " TO PRINTER COPY"TO CITY January/February, 1999 December 24, 1998 December 31, 1998 March/April, 1999 February 19, 19998 February 26, 1999 May/June, 1999 April 23, 1999 April 30, 1999 July/August, 1999 June 18, 1999 June 25, 1999 September/October, 1999 August 27, 1999 September 3, 1999 November/December, 1999 October 22, 1999 October 29, 1999 PROPOSAL FORM FOR PUBLISHING OF SIX CITY NEWSLETTERS FOR THE CITY OF MOUNDS VIEW, MINNESOTA CITY COUNCIL CITY OF MOUNDS VIEW MOUNDS VIEW, MINNESOTA 55112 To Whom It May Concern: In accordance with the advertisement of the City, we propose to furnish printing six (6) City Newsletters, in accordance with the specifications on file with the Mounds View Editorial Board at the price shown: NOTE: Bid price must be given in both words and numbers. UNIT #1 COST PER PAGE FOR PRINTING OF SIX CITY NEWSLETTERS AT A QUANTITY OF 5,000 COPIES EACH PRINTING. (ALL COSTS, INCLUDING LABOR COSTS OF MAILING NEWSLETTERS, SHOULD BE INCLUDED IN THIS "PER PAGE" COST WITH THE EXCEPTION OF COSTS TO BE FURNISHED IN UNIT #2 OF PROPOSAL FORM.) PER PAGE ���'re4 - I77 /l 0• DOLLARS $ 75, / UNIT #2 - COSTS FOR ADDITIONAL SERVICES PHOTOGRAPHS / a-'-J et/q100 DOLLARS $ /0 . 00 ART REDUCTIONS Pv`f 6---1 442/100 DOLLARS $ S. C) ADDITIONAL ART WORK/HOUR -F--; 4'"%100 DOLLARS $ y0- d v TOTAL COST OF PRINTING (NOT INCLUDING UNIT #2) 40 PAGES X $ 7 i 7 /PAGE X 4 NEWSLETTERS = $ /2, Dal 2 0 36 PAGES X $ 7C1 i 7 /PAGE X 2 NEWSLETTERS = $ Sy 00. 2V TOTAL 1999 NEWSLETTER BID COST $ 17, '/39. 1/9 BID SECURITY CALCULATION: Total 1999 Newsletter Cost x 5% = $ 7/. BID SECURITY: 00 Enclosed herewith find a certified check in the amount of $ $7-4 being at least five percent (5%) of the amount of the total proposal, made payable to the City of Mounds View as a proposal guarantee which it is agreed by the undersigned will be forfeited in the event that the contract is not executed if awarded to the undersigned. DATE: /2- ?—97' NAME OF FIRM /1/y S 71‘ra u /'s �^'^ • � ms, Se, P , REPRESENTATIVE L7 seems kTITLE ADDRESS °I/00 CO 1.tan cowl CITY Ay (e YID ZIP CODE .cc?f/ PHONE NO. 612 y.2S- -7700 REMARKS: Item No. 5E Meeting Date: 12-28-98 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 Item Title/ Subject: Licenses for Approval Date of Report: December 24, 1998 LICENSES FOR APPROVAL General(Commercial) - expires June 30, 1999 ANTCO Construction Inc. -New HVAC - expires June 30, 1999 Aero Mobile Home Service - Renewal Fisher Bjork Sheet Metal Co. Inc. - Renewal Genesis Mechanical -New Guyer's Builders Express -New SBS Mechanical Inc. -New Sheetrock- expires June 30, 1999 Standard Drywall Inc. -New Sewer/Water - expires June 30, 1999 • JB Diggers - Renewal Item No. 7!7 Staff Report No. Meeting Date: December 28, 1998 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 and City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing (7:05 PM) and Consideration of Resolution No. 5297, a Resolution Approving a Conditional Use Permit for a Residential Dog Kennel for Tammy Schmitt, located at 2206 Hillview Road; Planning Case No. 542-98 Date of Report: December 22, 1998 Applicable Regulations: • Municipal Code Section 701.03, Subdivisions 1, 3, and 15, regarding the licensing of dogs and operation of kennels. • Municipal Code Section 1106.04, Subdivision 3, which requires a conditional use permit for residential dog kennels in an R-1, Single Family Residential district. • Municipal Code Section 1125.01, Subdivision 3b, which identifies the criteria to be used for granting a conditional use permit. Background: The applicant, Tammy Schmitt of 2206 Hillview Road, is applying for a conditional use permit for a residential dog kennel, a Code requirement for property owners with three or four dogs. One of the licensing requirements is that the property owner shall obtain signatures of approval from more than 50 percent of the residents within 500 feet of the property proposing the kennel. The applicant was sent a map showing those properties within 500 feet along with a corresponding list of property owners/taxpayers. Analysis: On the map staff sent to the applicant, 62 properties were highlighted, indicating that 32 of the property owners would need to sign a petition in favor of the kennel application. The applicant collected signatures approving of the kennel request from 44 of the highlighted properties, well in excess of the required 32 signatures. The three properties adjacent to Ms. Schmitt, as well as those properties directly across the street, have indicated their approval of the application. Staff has inquired with the Police Department regarding any calls or complaints associated with dogs at Ms. Schmitt's home, and to the best of their knowledge, there have been none. Ms. Schmitt currently owns two dogs, both of which are kept inside, as will the proposed third dog. The backyard to Ms. Schmitt's home is being completely fenced in to contain the dogs. Schmitt Kennel CUP December 28, 1998 Page 2 CUP Criteria: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area in that dog ownership does not impose any burden to public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land in that the subject property's yard is fenced in and dog ownership is a common facet of any residential neighborhood.. 3. The structure and site will does not have an appearance that will have an adverse effect upon adjacent residential properties. 4. The use is reasonably related to the existing land use in that dogs are common feature in residential neighborhoods. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use in that dog kennels are a conditional use within the R-1 zoning district.. 6. The use is not in conflict with the Comprehensive Plan of the City. 7. The use will not cause traffic hazards or congestion. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Planning Commission Action: The Planning Commission, at its meeting on December 2, 1998, voted in favor of Resolution 562-98, a resolution recommending approval of this CUP request. Staff Recommendation: Approve Resolution 5297, a resolution approving a conditional use permit for a residential dog kennel for Tammy Schmitt, located at 2206 Hillview Road. James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\542-98\KENNEL.CC 1 r 741 i %F'C COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION 2401 Highway 10, Mounds View MN 55112 A$�I=-Partnt(Sie' 612-717-4020 612-784-3462 -FAX Please Type or Print Information-Complete Both Sides of This Form Iota-330-50i Applicant Information CV Name of Applicant „ N�ri1� ny . (�;y�it-{4- Telephone (a l -nc -1 's-)(G, Address . 3( to 14-Z Ilvte tuJ 2_00A Fax n..'dS1 v ke J M ►� SStt� Interest in Property(check appropriate box) X Owner of Property ❑ Contract for Deed Owner ❑ Lessee,Operator,Manager ❑ Agreement to Purchase ❑ Other(explain) Applicants must provide evidence of interest in property at the time of application,and if you are not the owner of the property,you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal - Address or General LocationO(n E}:l` V\e vJ tZo M�t�, d S V �,�; >N1 55 ( 1 a„ Legal Description Property Identification#(PIN#) #of Acres Current Zoning Type of Application ❑ Comprehensive Plan Amendment $250 ❑ Rezoning $250/acre; min$250 max$1500 ❑ Major Subdivision $250+$250 deposit* ❑ Minor Subdivision $200 O Planned Unit Development(PUD) Refer to rezoning fees O PUD Amendment $350 Conditional Use Permit R-1, R-2$75;all others$250 ❑ Variance R-1, R-2 S100 all others$250 O Code Appeal 5100 ❑ Develop Review/Site Plan S 125/acre;min S125 max$750 ❑ Wetland Alteration Permit R-1,R-2$150;all others$200 ❑ Wetland Buffer Permit R-1,R-2 S25;all others S100 ❑ Floodplain Permit $200 O Other *Deposits shall be paid to cover all costs of public notices,materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty(30)days atter consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View,MN Development Application Page 2 Present Use of Property a Undeveloped/Vacant X Single Family Dwelling ❑ Duplex/Two Family Dwelling a Multi-family Dwelling a Business/Commercial Establishment a Industrial Establishment a Other(explain) Property Classification ❑ Abstract ❑ Torrens Description of Proposal 77- et Qtrt L) , SCh rni-1{ Okirhi ilk O �� I4'11�t to vt) �q ►1 P 4-bre P iy-6nn r 'r . kit n n Q aej34 tat kin __!e einem, anti S,np r i n Q. jP r'qn . BY MY(OUR) SIGNATURE ON THIS APPLICATION I HEREBY DECLARE THAT,TO THE BEST OF MY KNOWLEDGE,THE INFORMATION PROVIDED I TRUE AND ACCURATE. Signature of Applicant Name of Applicant(ty,ped/printed) 7' 1U P..4‘1 kF+y HIL4 _T" c Signature of Property Owner / • A I` �y Name of Property Owner(typed/printed) T ►1,t rid/ W a y .S F h nt i Address of Owner (sem) (e 1-1 k ke to P t,•a ck fir u d S \) ) ) S\ \::) L Phone Number of Owner (c,,,�) La - )% - ; loth.- R --501-1 FOR OFFICE USE ONLY Date of Submittal Date of Acceptance Assigned to: Planning Case No. 60-day Limit 120-day limit Fees Paid: Account# Check# Receipt# Application: Park Dedication: Deposits: Other: Total: N:\DATAGROUPSCOMDEVNFORMSDEVAPP.FOR 1198 rP rc , '.'��� � 5731 d •fir•-a• '41 tg, �N N 5721 �' DR m 5711 - ca ,� 11149111 N N 224 �e N - �' N N 223 N 5701' '.:- i - .-;.R 1 `, `* lei 2200 V O p�C1 N N 2233 5691 :; �. - sf, tele ?� i �e D- �o „ 5681 R-5 ,^N4C, itiltaaniltal :abltn U 5671 0" C4 C4 C4 5661' w 212B�rL'i�[- �� �, ��0 c4 COLONIAL VILLAGE ? `� --3 MOBILE HOME PARK _ O c0 to d M M N to r, in va 7 N N N N N N N N - _ O O O I O O m ^ ^ tD V N N N N '. ' N`Y:_ ... .. N N N ..'") �' N N N N N N �, HILLVI _. O O t0 0 V' co co 0 7 • t0 0 O N �. tD 00 N <O m O N t0 O �- cD O M th O co N tD to to d• N N • 0 O m * M M N .- •-• 0 O O m r. N DR N N N N N N N I N N O 0 0 0 0 N N N - OAKWOOD. N N N N N N N N N N N N 5618 N °N° n PARK �'®®nt� rn Mtn 6 5590 N N 1.';',, n N O) O m _ 5612 N �1� ✓� PF r� O rn o) m r. OAKWOOD N N N A N N N N ON N N N N 5606 RI N m NgOVEN .^ . --I DR 5600 NN N NN N N Nn tp tc7 u) v ,� M N m O ON O a tc O O m 6. r` to r` OM N N 1111 N N N N N O 0 0 0 0 gm, N N N N N N N . 5562 N N N Nt N N N N 15556 NNIt N Ntotot •rCDM0, O Ino � N .- N 0 O O 00 f� I� t0 p0 0 d' age. TERRACE N N N N N N N N NN NNNNNNN• 555Q N °O N NNNNN .• O 1- DR 5544 ® N � OmNco N - CO N tO N uu tin N o m al ,®� N Nf� CO to to a' te) to N m O O O O co N n 5538 N N N Nall • V N N N N N N N N N N N N N N N N to l N a1/®��444100541 Z 5532 5 PINEWOOD 40. - OR toN OM N OM) n ON �D O r'l 0) 0) to N5526 0 co a0 o * (o m o a to v r7 N 0 o 0)o m r` N N N r-• co to t!7 d M M N N N N N N N N N N N N N N N N N tp 5520 N N N N N N N N N N N /Nv / I 0 O. o m 5511 � ,.� �IMF' 5511 5512 „'N ;imaA 5497 04 '0 5505 5503 5504 coo 5472 5499 PINEWOOD11 `� 5493 5494 5493 SCHOOL ._ S- 5500 ?� 5480 5479 5485 5486 5485 to IR 5474 5473 5468 In j 5475 5478 5475 —4 5468 5467 5464 5467 , W 5462 5463 5466 Q 5463 5459 F- 5445 5454 5455 cn 5456 44 s 'sIr.; 5453 I- 4/ N Ce -M 43 'Z 5447 CO '- ;: W 5446 5441 < 5435 Is Srsrs`r0 5439 N in t°n' ti ' M /•t• ~ �+� 1 Z 5434 54.3 •S Sir _ I 1 t:A 21 N N N 1 N N n. M en Zoning Map Planning Case 542-98 Applicant: Tammie Schmitt N Location: 2206 Hillview Road 500 Foot Radius Map -- 2206 Hillview Road Tammy Schmitt, CUP Application CITY OF DS '!k o* 1111 Lois Drive • 22 ttHillview Road • o N Oakwood Drive 111111161.411 Tem �' a ace Dnve U _ I � i glia II INN N Properties within 500 Feet of 2206 Hillview Road Mounds View Parcels Schmitt's Residential Kennel License Petition 2206 Hillview Road, Mounds View, MN I don't mind that the Schmitt family of 2206 Hillview Road is acquiring a third dog (an 8 ear old Gre house dog)which requires the ainment of a Kennel License. yat Dane-indoor 1 Signature: �'�J ���' Address: d?"(-)7 N, /I v 7{cJ 1 d �v I Signature: 2.200 ecR, til • ` �- -�' Address: ����l V t r , / ���� 7 �l 3 Signature: A„ ;,1L,� _ Address: of)�s �� 4 Signature:` ;1J1 � 1�Zv Address: 11'? 11✓, te.... Signature: .' / Address: r; IT/d/L'/.- ignature: it I a Address: G l - `mss h' 1 11u ,� �, ,4d ignature: 4 Address: Z 2 5- i l/t//�W 4/ ignature:6 ” `'1 . X41 .1 y, 1Address: ��33 ( r�-tI�I W ILO ignature: N IL. 6-ea,( (i '/ Address: �3� /14-11-14-e' (A) e� S Signature: v ;, ' / /� ' p7 Address: -2 .- /`efl0{ Signature: i / `� ''�'�-� Address: cg l 7 Al -E-4-e-e-4) 'el W4 de 10 Signature: 4 Ali Address: �� C / l / / Signature: / Address: ? ) 7 ` iJv; c� k I Signature: C ,A4 lit / Address: 1� V147/1/0.Q E U 13 Signature: C 9 ;y, Address: ,R? S ©�ICla od 04. • (Signature: ' Address. ��/�.5is N" !�GADO/t �ignature: 6./ t'At Addr=-s: a1-a51 O0.k„yV do a )5 Signature: ,Xj/J-1.aeeki9Z: ---jtArt it.e 64--- A.•ress: I Ip Signature: - VI ' i h Address: LJ 5 Ok l io 0) D- PjCUi / 1't Signature: 2 �W`r�''`'9 cii., Q/J Address: ;'i? O1% Signature: �� ry� r�2 n 1 - '� Address: V! �� w�"�, o 1...ri • 15 Signature: r Ak _....er Ai Address: U ►r((J(,JO c ! Or. �— y /. g..0 Signature: /� # v / I/ Address: 01I t,\/'CZc/` • •5\ Signature: f _J1,,f, e .-' ` ., 317 / "' �-� Address: •c i 7 �'t�/,,tit,�v-cc-moi ,�� a, - Signature: I �C '� r� ?^' 5 Address: ,4 0 7 /c Jrn I Fly" Schmitt's Residential Kennel License Petition 2206 Hillview Road, Mounds View, MN ... I don't mind that the Schmitt family of 2206 Hillview Road is acquiring a third dog(an 8year old ba e•indoor house dog)which requires the attainment of a Kennel License. a......,../ a / 'g-3 Signature: Address: d�2'1.J OP,‘C. .1C0c‘ 1Y'• 'a-4' Signature: X IAA)//194.104-,A.--- Address: zZ 50 0•. 1 .�lC�.�J j/ /signature:ç9z . .v 1, Address: P � C f Signature: '"`�1 �� Address: ( ( ( 1 1( ` o ia 9•44 Signature: �;(, , �,• � Address: as g-b 00.kanl cca b v- . Signature: &jCL! LlAdd�ss: Sil N1 4 0a.tw oo d h. Signature: (/',L. , 1� Address: 1 Ob lL G%-fad 7 i 1 p, I --l. Signature: P C. Address: c..� �jn '6-v.-Grit) /'p✓ BC, Signature: R. - _.0..�,., ,G c ,(A 3 A. Address: <=2%Z I -rite'?Ce.'" P R - k . Signature: /__"_7 = `_I __m `...is Address: .•2- oZ-7' 7'.2 , ✓1 3a(Signature: 'lI . . . Address: c9,--)5-/ C ., 6 2 _ • i33� Signature: �'�.'�../i , � / Address: ,'� /S�L- • AkW- C--' /IC / ‘/ G �4, Signature: ,�j� � Address:� �`� �a%S- /, 35 Signature: gal, _`r,/t , Address: 427'. *rd' / ignature: i a� 0 /jr-- Address: L t�cignature: -'H � J Address: _o2 r r"\ -7-e----7 ZC 3 Signature: \''<G,:_ c,--c, �.,C-CA Address: . ..,OS" \_...0‘,c Q / r 'Cl)' Signature: 1k't -./. ,Lc /-'`"/ Address: I f 9 1 .E./(2/ 67c/ 11)/t- ( v`•e. 3 9_Signature:Q G LQ ��3 � Address: :,7 `2 "_2 ‘ 15-r1 I.�.--el-,-- 31-5)...i. J, .Signature:�..Ql� /4Address: 4 8 V , L. . Signature: ,'V-- - ;-t4,2- ;--,---,± c.� _ Address: ,-77 ('' 3 ,� > > I -o..Signature: 44�%� Address: o� ? 0 7 /52/1/},�t.C9 .(�A k3 Signature: , n A/1,6 _ • 1 n , Address: ,)-L9. )4J--, Signature: <<. - �,, . t,.i Address: OR I t ' ((aCe dr. Signature: Address: 77.1 Monday, November 09, 1998 Cid 0 Jim Erickson and the Mounds View City Council Mounds View City Hall 2401 Highway 10 • '„„, Mounds View, MN 55112 2 Dear Mr. Erickson and the City Council: • Please accept the attached Conditional Use Permit along with a Petition signed by neighbors (over 50%of those occupying land within five hundred feet of our property). OThis permit will be used to obtain a Residential Kennel License in order to adopt 1 a third dog-an 8 year old spayed Great Dane. She will be an indoor house `w 1V dog and will not be left outside. She gets along wonderfully with our two �j neutered male Shelties (4%and 5 years old) and only barks when she is alarmed-which isn't too often. I am very strict with our dogs on barking- basically, they very rarely bark. We are very responsible pet owners are currently(as a hobby)starting the process of getting the Canine Good Citizenship Award for our two dogs and would like to for the additional dog, also. The Shelties are currently in obedience training and we would like to put the additional dog in training, also. We keep the Dropping (dog poop) picked up on a regular basis and are very consciences whenever we take our dogs out in public in regards to cleaning up �:�:<::<::::>::: < : after them and controlling their behavior. ' ':7y: ;r very1.....,..Your approval of this would be very, .. 'M1 much appreciated as we would also •);.,;i4�> like the additional dog for protection. I am a single working mother and our `..:', ,, . house has had an attempted break-in this past Spring(reported to the police) ' '''Q while my 12 year old daughter was at home waiting for the school bus-I was in ., ' > `< transit to work. The Shelties are small (30#each) and friendly to everyone- ,, "`' ••`: the Great Dane is > :::;A:::.:.:::::::�:;;::;•�:;< very large (160#) and protects my daughter. ±` ±" Thank you for your time and consideration. If there are any questions, please The Schmitt Family feel free to call me at home 785-0956 or at work 330-5077. 2206 Hillview Road Sinc rely, Mounds View,MN 55112 612430-5077 h2filL" 174.01, 6—C-- 612.785.0956 ammy Schmi tlad1mi t pillsbury.com MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 562-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A DOG KENNEL FOR TAMMY SCHMITT, 2206 HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE NO. 542-98 WHEREAS, Tammy Schmitt has applied for a conditional use permit for a residential dog kennel at her property located at 2206 Hillview Road, property zoned R-1, Single Family Residential, legally described as followed: LOT 4, BLOCK 6, PINEWOOD TERRACE NO. 3, RAMSEY COUNTY,MINNESOTA WHEREAS, The Mounds View Zoning Code allows, with a conditional use permit, three to four dogs at a single-family residence; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. 500 Foot Radius Map d. Petition e. Applicant's Statement WHEREAS, the Planning Commission finds that the signatures on the submitted petition are valid and meet the licensing requirement for residential dog kennels; and, WHEREAS, the Planning Commission makes the following findings regarding the criteria for approval of a conditional use permit, as required by Section 1125.01 Subd. 3.b.: (1) The use will not create an excessive burden on existing parks,schools,streets and other public facilities and utilities which serve or are proposed to serve the area. (7) The use will not cause traffic hazards or congestion. (8) Adequate utilities, access roads,drainage and necessary facilities have been or will be provided. Owning dogs, as many as four,will not have an impact to public facilities,nor generate additional traffic or cause congestion. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Resolution 562-98 Schmitt Kennel CUP December 2, 1998 Page 2 (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The dogs will be separated from the adjoining properties by a fence,which will prevent the dogs from running loose through the neighborhood. (4) The use, in the opinion of the City Council,is reasonably related to the overall needs of the City and to the existing land use. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. (6) The use is not in conflict with the Comprehensive Plan of the City. Having dogs as pets is a common part of the suburban residential experience, an activity which does not conflict with the zoning code nor the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit to the City Council, with the following recommended stipulations: 1. No more than four dogs over the age of six months shall be allowed at the property. 2. The applicant shall be responsible for paying an annual license fee (currently thirty dollars) upon approval of this permit and again on or before every first of September thereafter. 3. The applicant shall maintain the yard in a clean, quiet, orderly, and sanitary condition. 4. The backyard shall be completely fenced in to prevent the dogs from leaving the property. 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 2nd day of December, 1998. Jerry Peterson, Chairperson ATTEST: Rick Jopke, Community Development Director (SEAL) N:\DATA\GROUPS\COMDEV\DEVCASES\542-98\562-98PC.RES RESOLUTION NO. 5297 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A RESIDENTIAL DOG KENNEL FOR TAMMY SCHMITT, 2206 HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE NO. 542-98 WHEREAS, Tammy Schmitt has applied for a conditional use permit for a residential dog kennel at her property located at 2206 Hillview Road, property zoned R-1, Single Family Residential, legally described as followed: LOT 4, BLOCK 6, PINEWOOD TERRACE NO. 3, RAMSEY COUNTY, MINNESOTA WHEREAS, The Mounds View Zoning Code allows, with a conditional use permit, three to four dogs at a single-family residence; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. 500 Foot Radius Map d. Petition e. Applicant's Statement WHEREAS, the Mounds View City Council finds that the signatures on the submitted petition are valid and meet the licensing requirement for residential dog kennels; and, WHEREAS, the Mounds View Police Department has confirmed that there have not been any problems, complaints or calls made in reference to dogs at the property owned and occupied by Ms. Schmitt; and, WHEREAS, the Mounds View City Council makes the following findings regarding the criteria for approval of a conditional use permit, as required by Section 1125.01 Subd. 3.b.: (1) The use will not create an excessive burden on existing parks,schools,streets and other public facilities and utilities which serve or are proposed to serve the area. (7) The use will not cause traffic hazards or congestion. (8) Adequate utilities, access roads,drainage and necessary facilities have been or will be provided. Owning dogs, as many as four,will not have an impact to public facilities,nor generate additional traffic or cause congestion. Resolution 5297 Schmitt Kennel CUP December 28, 1998 Page 2 (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The dogs will be separated from the adjoining properties by a fence,which will help to prevent the dogs from running loose through the neighborhood. (4) The use,in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. (6) The use is not in conflict with the Comprehensive Plan of the City. Having dogs as pets is a common part of the suburban residential experience,an activity which does not conflict with the zoning code nor the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit, with the following stipulations: 1. No more than four dogs over the age of six months shall be allowed at the property. 2. The applicant shall be responsible for paying an annual license fee (currently thirty dollars) upon approval of this permit and again on or before every first of September thereafter. 3. The applicant shall maintain the property in a clean, quiet, orderly, and sanitary condition. 4. The backyard shall be completely fenced in to help prevent the dogs from leaving the property. Adopted this 28th day of December, 1998. Duane McCarty, Mayor ATTEST: • Charles S. Whiting, City Clerk/Administrator (SEAL) N:\DATA\G ROUPS\C O MD E V\DE VCAS ES\542-98\5 297CC.RES 7.61 Item No. Type of Business: CB WK: Work Session;PH: Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Public Hearing to Consider Licenses for Jan. 1 - June 30, 1999 Date of Report: December 21, 1998 The following licenses expire on December 31, 1998: Automobile Sales Saturn of St. Paul Bowling Mermaid- 2200 Highway 10 Cigarettes ABC Liquor- Holiday Stores - 5d Limited M&G Tobacco Phillips 66 Fedor Market Snyder's Drug Tom Thumb Oasis Market Super America American Amusement -Mermaid (2200 Hwy 10), Donatelles Budget Liquor Network Liquor Fina Amoco -ACA Amoco - Ron Schmidt Gasoline Holiday Phillips 66 Oasis Market Super America Fina Oasis Market - 355 Amoco Malt Liquor- Off Sale Amoco Holiday Super America Tom Thumb As the applications and fees come in, staff is processing accordingly. Staff Recommendation: Approve the licenses pursuant to Municipal Code, pending appropriate application materials and license fees are received by the City. !olice of Public lleng CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the Mounds View City Council will meet on December 28, 1998 at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota, 55112 to consider the renewal of the following licenses: Automobile Sales Bowling Saturn of St. Paul Mermaid-2200 Highway 10 Cigarettes Gasoline ABC Liquor Holiday Holiday Stores-5d Limited Phillips 66 M&G Tobacco Oasis Market Phillips 66 Super America Fedor Market Fina Snyder's Drug Oasis Market-355 Tom Thumb Amoco Oasis Market Super America American Amusement-Mermaid(2200 Hwy 10), Donatelles Budget Liquor Network Liquor Fina Amoco-ACA Amoco-Ron Schmidt Malt Liquor-Off Sale Amoco Holiday Super America Tom Thumb Anyone desiring to be heard with reference to this matter may be heard at this meeting. If you have any questions regarding this meeting, please contact me at 717 4000. Chuck Whiting Clerk Administrator 7� Item No. Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Resolution 5295 Authorizing the City to enter into a new lease agreement with Children's Home Society Date of Report: December 22, 1998 A new lease agreement has been drafted with Children's Home Society to reflect the following: —+ CHS pays their 1999 base rent of $30,000 on January 1, 1999, with no monthly payment to follow for the rest of 1999; and —+ CHS will account for the rent they would have paid each month (based on the number of children in the facility for each month of 1999) and either pay that amount after 1999 under terms to be agreed upon, or break the lease; and —' CHS will install their playground equipment and leave it with the facility if they break the lease early; and - CHS will provide accounting information that demonstrates the fiscal problems they are currently experiencing. Attached is a draft of this agreement which reflects the aforementioned provisions. Staff Recommendation: Approve Resolution 5295 authorizing the City to enter into a new lease agreement with Children's Home Society. (47: / -e-t7 Cari midt Assistant to the City Administrator RESOLUTION NO. 5295 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A NEW LEASE AGREEMENT WITH THE CHILDREN'S HOME SOCIETY WHEREAS,the City of Mounds View and Children's Home Society have agreed to draft a new lease agreement for the space at the Community Center; and WHEREAS, it is in the best interest of the City of Mounds View to enter into this new lease agreement; and WHEREAS,the mutually agreeable terms have been laid out in the attached contract draft; NOW THEREFORE,BE IT RESOLVED THAT the attached draft contract is hereby approved as to its basic contents, and accurately reflects the negotiated terms by the City of Mounds View and Children's Home Society. Adopted this day of December, 1998 ATTEST Mayor Duane McCarty (SEAL) Chuck Whiting, City Administrator LEASE AGREEMENT THIS INDENTURE made and entered into as of this day of , 1998, by and between the City of Mounds View, MN whose address is 2401 Highway 10, Mounds View, MN 55112 (hereinafter referred to as "Landlord") and Children's Home Society of Minnesota, a Minnesota non-profit corporation, whose address is 1605 Eustis Street, St. Paul, MN 55108 (hereinafter referred to as "Tenant"). WITNESSETH ARTICLE I - GRANT,TERM,AND RENEWALS 1.1 DEMISED PREMISES. In consideration of the rents, covenants and agreements herein reserved and contained on the part of Tenant to be performed,the Landlord does hereby lease to Tenant that portion of the building formerly known as the Bel Rae Ballroom located at 5394 Edgewood Drive, Mounds View, Minnesota 55112 (the "Building") consisting of that portion of the Building described on Exhibit A attached hereto (hereinafter referred to as the"Demised Premises"). Without limiting the foregoing,the Demised Premises consist of(a) classrooms, (b) an office, and ©the tot lot, all as shown on Exhibit A attached hereto. In addition, Tenant shall have certain rights regarding Shared Space consisting of the kitchen, as more fully described in Section 7.1 hereof. The layout set forth in Exhibit A shall not be altered of changed except upon the written agreement of Landlord and Tenant. 1 2' TERM.: The term of this Lease and Tenant's obligation to pay rent hereunder shall coanenoe upon the date which is fifteen(15)days after substantial completion of Landlord's Work as required under Section 6.1 hereof(the"Commencement Date") and shall continue until and,theterna of the Lease shall expire on the fifth(5th)anniversary of the:Corn nenncement Date. The pattie ,hereto anticipate that the Tenant's obligation to pay rent shall commence on:January 15,:1999 Not with'st nding any contrary provision contained heretn,:u on at least one(1)years prior written notice;from Landlord to Tenannt,Landlord shall Have the right to terminate this Lease artd..dpoltexpiration a such notice period the term ofithis Lease shall automatically terminate. ARTICLE II -RENT RENT Duringthe term hereof from and after the Commencement Date Tenant agrees to par ai bose rent(the"Baserent")to Landlord at 2401 Highway 10,Mounds View,.i1 5511.2. or at such ether place as the Landlord may from;time to time;;designate in writing,Thirty Ihotlsa td,and no/I 00.dollars($30,000)per each year payable in advance. Tenant will provide an ACCOUliting„of the nu ober of childrenin the facility for each-month of1999 ofand will-pay an agreed amount per child after1999 under terms tobe agreed upon. Page 1 DRAFT-- 12/15/98--CHS Lease agreement 2.2 RENT DELINQUENCIES. Should the Tenant, for any reason whatsoever, fail to pay, when the same is due and payable, any"Base Rent" and should said rent to be paid withing ten (10) days of the due date, Tenant shall pay a late penalty equal to five percent(5%) of total rents due. In addition, thirty (30) days after the due date, all unpaid rents shall commence to bear interest from said date to the date of payment at the rate of two percent(2%)per annum in excess of the prime rate as quoted by First Bank Minneapolis,N.A. to its best customers, or the highest rate permitted by law, whichever is less. Nothing contained herein shall constitute a grace period permitting the late payment of rent of an obligation of Landlord to forbear it other remedies hereunder. 2.3 UTILITIES A monthly payment of$600 due on or before the first day of each month: shalt also be required for payment of electricity and gas utility fees. Should there be a drastic adjustment in gas prices due to inflation, act of God,emergency,the City and Tenant:may renegotiate aut lity fee,acceptable to both parties. 2.4 ACCOUNTING. Tenant will provide monthly accounting Information detailing their financial situation to date. ARTICLE III- USE OF PREMISES 3.1 TENANT'S USE. During the term of this Lease, the Demised Premises shall be used solely for the purpose of child care and general office purposes. Tenant shall have the right to remain open for business in the Demised Premises during hours even if no other tenants are open during those hours. Tenant shall have the right to secure its exclusive access to the Demised Premises and to provide access by its customers to the Demised Premises even if other tenants are not open for business during those hours. Landlord shall meet and confer with Tenant regarding other uses of the Building which might be inconsistent with Tenant's use of the Demised Premises. Subject to compliance with the City's zoning code and subject to approval of Landlord as to the size, style, and location, Tenant may, at its sole expense install signage for the Demised Premises on and around the Building. 3.2 COMPLIANCE WITH LAWS AND REGULATIONS (a) Tenant covenants and agrees that at all times during the term hereof it will maintain and conduct its business insofar as the same relates to the occupancy of the Demised Premises in such a manner and under such regulations that are in strict compliance with any and an applicable government and/or quasi-governmental laws,rules regulations and orders, as well as any and applicable provisions of insurance underwriters at the Demised Premises and the Declaration. Tenant shall indemnify Landlord, Landlord's insurer, and the property of Landlord against any and all claims or losses or actions or causes of action resulting from Tenant's failure to comply with said laws, rules,regulations and orders and underwriting provisions. (b) Tenant hereby agrees to maintain the premises and operate its business so as to Page 2 DRAFT-- 12/15/98--CHS Lease agreement not erect any barriers to disabled persons in violation of the ADA(the Americans With Disabilities Act(ADA), codified at 42 U.S. SS 12101 et seq.) Failure to do so shall operate as an event of default and a breach of the Lease. 3.3 AFFIRMATIVE COVENANTS OF Tenant. Without in any way limiting or restricting other covenants of Tenant elsewhere in this Lease contained, the Tenant affirmatively covenants and agrees as follows: (a) Subject to prior written notice and a reasonable opportunity to cure, Tenant shall neither permit or suffer and conduct, noise, odor or other nuisance in, on or about said Demised Premises to annoy or disturb any persons occupying adjacent premises or common areas, (b) Tenant shall keep the Demised Premises, including all service and or loading areas for the Demised Premises, if any, free from all litter, dirt and obstructions; © Tenant shall arrange for and accept deliveries only at such times, in the areas, and through the entrances designated for such purpose by Landlord; (d) Tenant shall keep said demised premises clean and in the sanitary condition required by ordinance and regulations of any governmental or quasi governmental unit having jurisdiction; (e) Tenant shall neither permit or suffer the Demised Premises, or the walls, ceilings or floors thereof to be endangered by overloading; (f) Tenant shall properly maintain any HVAC system located within in the Demised Premises; (g) Tenant shall not use or permit the Demised Premises to be used for any purpose other than set forth in Section 4.1 hereof; (h) Tenant shall cooperate with Landlord to control their joint patrons so as to prevent drunken, unruly or obnoxious behavior. ARTICLE IV-MAINTENANCE AND REPAIRS 4.1 TENANT'S MAINTENANCE AND REPAIRS. Tenant agrees that, from and after the date that possession of the Demised Premises is delivered to the Tenant, and until the end of the term hereof it will be responsible for all repairs, maintenance and replacements to the Demised Premises, including but not limited to: The interior and exterior portions of all doors, windows, plate glass, locks, frames, hardware and showcases surrounding and incorporated into the Demised Premises;the mechanical, plumbing, heating, air conditioning and/or cooling, ventilating and electrical equipment and systems; partitions, and all other fixtures, appliances and Page 3 DRAFT-- 12/15/98--CHS Lease agreement facilities furnished by Landlord or Tenant(but only to the extent the foregoing are located within the Demised Premises). Tenant shall not, however, be responsible for repair of any damage caused by negligence of Landlord, its employees or agents. Landlord shall keep the foundations, exterior walls (except plate glass) and the roof in good repair, except that Landlord shall not be required to make any repairs or modifications by reason ob the negligence of Tenant, its agents, employees, or invitees. Tenant shall be required to pay for any structural repairs or alterations which may be required by governmental rules, orders or regulations as a result of Tenant's use and or occupancy of the Demised Premises. During reasonable business hours, Landlord may inspect the Demised Premises to insure Tenant's compliance with the above and foregoing requirements. Tenant accepts the Demised Premises as being in good and sanitary order, condition and repair. Landlord shall maintain and repair all mechanical, plumbing, HVAC, and electrical systems, appliances, and fixtures located outside of the Demised Premises. 4.2 SURRENDER OF PREMISES. At the expiration or termination of this Lease, Tenant shall surrender the Demised Premises in the same condition as existed on the commencement date of this Lease, ordinary wear and tear excepted. All fixtures which have become attached shall be part of the Demised Premises, except trade fixtures. Further, within ninety (90) days prior to the expiration of the term, Landlord shall during reasonable business hours, have the right to show the Demised Premises to third parties for the purposes of again leasing same. 4.3 CLEANING AND JANITORIAL. Unless otherwise agreed in writing by Landlord and Tenant, Tenant, at its sole expense, shall provide cleaning and janitorial services for the Demised Premises and shall maintain the Demised Premises in a neat and orderly condition. ARTICLE V- LANDLORD IMPROVEMENTS 5.1 LANDLORD IMPROVEMENTS. Tenant shall be responsible for all costs of providing telephone service to the Demised Premises and any other improvements otherwise required by this Lease. All work by Tenant shall be done in accordance with the provisions of Article hereof. Nothing contained in this Lease shall prohibit Tenant from using the services of such architect as Tenant shall, in its sole discretion, select. ARTICLE VI- SHARED SPACE 6.1 SHARED SPACE. In addition to the Demised Premises, Tenant shall have non- exclusive use in common with the Landlord and other Tenants of the Shared Space consisting of the kitchen. When used by Tenant,the Shared Space shall be maintained in a neat and orderly condition. Use of the Shared Space shall be available to Tenant subject to prior scheduling arranged by Landlord. Tenant shall indemnify, defend and hold Landlord harmless for any claims, damages, injuries, or causes of action arising out of or relating to the use of the Shared Space by Tenant, its employees, agents, customers, or invitees. Landlord and Tenant shall meet Page 4 DRAFT-- 12/15/98--CHS Lease agreement and confer to provide Landlord with access to services provided by Tenant on such terms and conditions as the parties shall mutually agree to. In addition to the foregoing, provided that the dance floor located in the Building has not been reserved by Landlord or a third party at least 48 hours prior to the desired time and provided that Tenant has obtained prior approval from Landlord (which approval shall not be unreasonably withheld), Tenant shall have use of the dance floor cor casual use as a reception area in connection with its business in the Demised Premises. ARTICLE VII - UTILITIES 7.1 CHARGES. Tenant shall pay for all utilities separately metered to the Demised Premises, including, without limitation, telephone service. 7.2 SUPPLY OF UTILITY SERVICES. Landlord shall not be liable in any way to Tenant for failure or defect in the supply or character of electricity, water, sewer, or gas furnished by reason of any change, requirement, act, neglect or omission of the public utility serving the Demised Premises or for any reason not attributed to Landlord. 7.3 INTERRUPTION OR DISCONTINUANCE OF LANDLORD'S SERVICE. Tenant agree that Landlord shall not be liable for failure to supply any service when Landlord uses reasonable diligence to supply the same, it being understood that Landlord reserved the right to temporarily discontinue such services, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, failure of supply, acts of God or any other happening beyond the reasonable control of Landlord. When Landlord causes services to be rendered by independent third parties, Landlord shall have no liability for the performance thereof or liability therefor. 7.4 GARBAGE AND REFUSE COLLECTION. All garbage and refuse shall be kept in containers and shall be place outside of the Demised Premises prepared for processing and/or collection. ARTICLE VIII -ALTERATIONS 8.1 ALTERATIONS. Tenant may, from time to time during the term, make at its own cost and expense, any alterations or changes in the interior of the Demised Premises in good and workmanlike manner in compliance with all applicable requirements of law,provided Tenant follows the notice procedure and obtains Landlord's consent where required, all in accordance with this Article. Landlord agrees to cooperate with Tenant for the purpose of securing necessary permits for any changes, alterations, or additions permitted under this section without expense to the Landlord. Upon completion of such alteration, Tenant shall present to Landlord a copy of the endorsement to Tenant's fire and extended coverage insurance policy which endorsement shall incorporate said alterations into the policy. All costs of any such work shall be paid promptly by Tenant so as to prevent the assertion of any claims for labor or Page 5 DRAFT-- 12/15/98--CHS Lease agreement materials. Tenant agrees to advise Landlord in writing of the date upon which such alterations will commence in order to permit Landlord to post notice of non-responsibility. 8.2 NOTICE TO LANDLORD. Prior to the initiation of any alterations, Tenant shall give Landlord written notice thereof and specify the work to be performed in reasonable detail and include the names of the contractors and materialmen to be utilized. After receipt of said notice, Landlord shall have a reasonable period of time during which it shall make a determination, in its sole discretion, as to whether or not the proposed work would create a structural or design change at the Demised Premises. Tenant shall provide Landlord upon request with any further information reasonably necessary for such determination by Landlord and Tenant shall not commence work or accept materials prior to receiving written notice of Landlord's determination. If Landlord determines that the proposed work would create a structural or design change,then the same must be approved in writing by Landlord prior to the commencement of any work or the delivery of any materials therefor. • ARTICLE IX 9.1 TENANT'S LIABILITY INSURANCE. Tenant shall during the entire term hereof keep in full force and effect and a policy of public liability and property damage insurance with respect to the Demised Premises, and the business operated by Tenant and any sublessee with respect to the Demised Premises, in which the limits of public liability shall not be less than $1,000,000 per person and $1,000,000 per accident and in which the property damage liability shall not be less than $500,000. The policy shall name Landlord as additional insured and shall contain clauses that losses shall be payable notwithstanding any act or negligence of the insured which might otherwise result in forfeiture of said insurance, and that the insurer will not cancel or change the insurance without first giving the Landlord (30) days prior written notice. The insurance shall be with an insurance company approved to do business in Minnesota and reasonably acceptable to Landlord. Tenant shall deliver a copy of the policy or a certificate of insurance to Landlord prior to taking possession of the Demised Premises, and a renewal certificate at least thirty(30) days prior to the expiration of any policy term. 9.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses and liabilities incurred, including reasonable attorneys' fees, in connection with loss of life,personal injury, and/or damage to property arising out of any occurrence in, upon or at the Demised Premises, or the occupancy or use thereof by said party, or occasioned wholly or in part by any act or omission of said party, its agents, employees, contractors, sublessee, concessionaires or licensees. ARTICLE X-DESTRUCTION AND RESTORATION 10.1 DAMAGED. If a significant portion of the Demised Premises shall be damaged Page 6 DRAFT-- 12/15/98--CHS Lease agreement or damaged by any uninsured casualty, Landlord shall have the option to rebuild or to terminate this lease by exercise of notice to Tenant given not more than 6 months from the date of such damage. 10.2 TENANT'S INSURANCE COVERAGE. Tenant shall carry insurance against fire and such other risks as are from time to time included in standard extended coverage insurance for the full insurable value of the Demised Premises. Tenant shall also carry said insurance for the full insurable value of Tenant's merchandise, trade fixtures, furnishings, wall covering, carpeting, drapes,equipment and all other items of personal property of Tenant located on or within the Demised premises. Any insurance policies required to be carried pursuant to this paragraph shall name Landlord as an additional insured, and Tenant shall furnish Landlord evidence of such insurance coverage. Such insurance policies may not be modified or terminated without thirty (30) days advance notice to Landlord. 10.3 INDEMNIFICATION. Each party hereto ("Releasing Party") hereby releases the other("Released Party") from any liability which the Released Party would, but for this paragraph, have had to the Releasing Party arising out of or in connection with any accident or occurrence or casualty: (a) Which is or would be covered by a fire and extended coverage policy (with vandalism and malicious mischief endorsement attached) or by a sprinkler leakage or water damage policy in the state in which the Demised Premises is located regardless of whether or not such coverage is being carried by the Releasing party, and (b) to the extent of recovery under any other casualty or property damage insurance being carried by the releasing Party at the time of such accident or occurrence or casualty, which accident of occurrence or casualty may have resulted in whole or in part from the act of neglect of the Released Party, its officers, agents or employees, provided, however, the release hereinabove set forth shall become inoperative and null and void if the Releasing Party contracts for the insurance required to be carried under the terms of this Lease with an insurance company which: (1) Takes the position that the existence of such release vitiates or would adversely affect any policy so insuring the Releasing Party in a substantial manner and notice thereof is given to the Released Party, or (2) Requires the payment of a higher premium by reason of the existence of such release, unless in the latter case the Released Party within ten(10) days after notice thereof from the Releasing Party pays such increase in premium. Page 7 DRAFT-- 12/15/98--CHS Lease agreement 10.4 PROTECTION FROM SUBROGATION. Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the Demised Premises or the adjoining properties, mall areas, sidewalks, streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation of the Demised Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining, caused by the negligence or other fault of Landlord, or Tenant or of their respective agents, employees, subtenants, licensees or assignees to the extent that such business interruption or loss or damage to property or injury to or death of person is covered by or indemnified by proceeds received from insurance carried by other party (regardless of whether such insurance is payable to or protects Landlord of Tenant of both) or for which such party is otherwise reimbursed; and Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its agents, employees, subtenants, licensees and assignees, for any such loss or damage to property or injury to or death of persons to the extent the same is covered or indemnified by proceeds received from any such insurance, or for which reimbursement is otherwise received. Landlord's and Tenant's respective policies of insurance shall each contain a waiver of subrogation provision incorporating the above covenant and providing that the insurance shall not be invalidated by the insured's written waiver prior to a loss of any or all right of recovery against any party for any insured loss. It is expressly understood that Landlord shall not be liable to Tenant for any damages incurred by the latter as a result of the above and foregoing events; save and except as to any such damages caused by the willful or wanton conduct of Landlord, its agents or employees, provided such damages are not recoverable by Tenant pursuant to the insurance policies required to be provided by Tenant under this Lease or otherwise. 10.5 ADDITIONAL HAZARDS. Tenant covenants and agrees that it will not do or permit anything to be done in or upon the Demised Premises or bring in anything or keep anything therein which shall cause the cancellation of Landlord's insurance policies, or increase the rate of insurance, on the Building, above the standard rate on said premises and buildings. Tenant further agrees that in the event it shall do anything to so increase the insurance rate, Tenant shall promptly pay to Landlord on demand any such increase resulting therefrom, which shall be due and payable as "additional rent"hereunder. At Tenant's request, Landlord shall make available for Tenant's inspection during regular business hours, all documents pertaining to Landlord's calculation of Tenant's "additional rent"required under this section. Said"additional rent" shall be due and payable as billed by Landlord. Landlord covenants and agrees that it will not do or permit anything to be done in or upon the Building or bring in anything or keep anything therein which shall cause the cancellation of Tenant's insurance policies, or increase the rate of insurance, on the Demised Premises, above the standard rate on said premises. Landlord further agrees that in the event it shall do anything to so increase the insurance rate, Landlord shall promptly pay to Tenant on demand any such increase resulting therefrom. 10.6 NOTICE. Tenant shall give immediate written notice to landlord and Landlord's Page 8 DRAFT-- 12/15/98--CHS Lease agreement Mortgagee of any damage caused to the demised Premises by fire of their casualty; or of any cancellation or reduction of Tenant's insurance coverage required pursuant to this Lease. ARTICLE XI -EMINENT DOMAIN 11.1 PARTIAL OR TOTAL CONDEMNATION. If the whole or any part of the Demised Premises or the structure encompassing same shall be taken by any public authority under the power of eminent domain, the Tenant shall have no claim to, nor shall Tenant be entitled to, any portion of any award, for damages or otherwise. In the event only a portion of the Demised Premises are taken, the Lease shall terminate as to the part taken, and the rent and other charges herein reserved shall be adjusted for the remainder of the Demised Premises so that the Tenant shall be required to pay for the balance of the term that portion of the rent reserved which the value of the Demised Premises immediately prior to the date of condemnation. The rental and other charges shall be apportioned as aforesaid by agreement between the parties or by arbitration or legal proceedings, but pending such determination the Tenant shall pay at the time and in the manner above provided the rental herein reserved and all other charges herein required to be paid by the Tenant, without deduction, and upon such determination,the Tenant shall be entitled to credit for any excess rentals paid. If, however,by reason of the condemnation there is not sufficient space left in the Demised Premises for the Tenant to reasonably conduct business; then, in such event, the Lease shall terminated. Although all damages in the diminution in value of the leasehold or the fee of the leased premises, nothing herein shall be construed to prevent Tenant to claim and recover from the condemning authority such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right for its leasehold interest. ARTICLE XII -ASSIGNMENT AND SUBLETTING 12.1 CONSENT REQUIRED. Tenant may not assign this Lease and/or sublet the Demised Premises, or any part thereof without in each instance obtaining the prior written consent of the Landlord, which consent Landlord shall have the right to withhold in its sole discretion. A transfer of a controlling interest in Tenant shall constitute an assignment within the meaning of the preceding sentence. The consent by Landlord to any assignment or subletting may not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. If this Lease be assigns, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, Landlord may collect rent from the assignee,under-Tenant or occupant, and apply the net amount collected of he rent herein reserved,but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignees, under-Tenant or occupancy as Tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. Notwithstanding any assignment of sublease, Tenant shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants, and conditions of this Lease. Tenant shall pay to landlord any reasonable costs and expenses (including legal fees) incurred by Landlord in connection with Page 9 DRAFT-- 12/15/98--CHS Lease agreement such assignment or subletting. ARTICLE XIII - TENANT'S DEFAULT 13.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Tenant under this Lease: (a) Tenant shall fail to pay when due any installment of rent, or other charges provided herein, or any portion thereof and the same shall remain unpaid for a period of ten(10) days after the same has become due; or (b) Tenant shall for reasons other than those specifically permitted in this Lease, cease to conduct its normal business operations in the Demised Premises or shall vacate or abandon the Demised Premises. Tenant will be deemed to have vacated, closed, or abandoned the Demised Premises if it fails to conduct its business on the Demised Premises during regular working hours for a period of more than ten(10) consecutive business days; or (c) Tenant shall do or permit to be done anything which creates a lien upon the Demised Premises; and does not cause said lien as to Landlord's interest in the property to be released within ten(10) days after written notice from Landlord; or (d) Any representation or warranty made in writing to Landlord in this Lease or in connection with the making of this Lease,by Tenant of any guarantor, shall prove at any time to have been incorrect in any material respect when made or becomes incorrect; or (e) Tenant or any guarantor shall make an assignment for the benefit of creditors, for a petition in bankruptcy, be adjudicated insolvent or bankrupt or admit in writing the inability to pay debts as they mature, petition or apply to any tribunal for the appointment of a receiver, trustee or similar officer for Tenant or any guarantor or a substantial part of the assets of Tenant or any guarantor, or shall commence any proceeding under any bankruptcy,reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether nor or hereafter in effect; or if there shall have been filed any such petition or application or any such proceeding shall have been commenced against Tenant or any guarantor, which remains undismissed for a period of thirty (30) days or more; or Tenant or any guarantor by any act or omission shall indicate their consent to, approval of or acquiescence in any such petition, application or proceeding or the Appointment of a receiver of or any trustee or similar officer for Tenant or any guarantor, or shall suffer any such receivership or trusteeship to continue undischarged for a period of thirty (30) days or more; or any judgment, writ, Page 10 DRAFT-- 12/15/98--CHS Lease agreement warrant or attachment or execution or similar process shall be issued or levied against a substantial part of the property of Tenant or any guarantor and such judgment, writ, or similar process shall not be released,vacated or fully bonded within thirty (30) days after its issue or levy; or (f) Tenant shall have failed to comply with any provisions of this Lease and shall not cure any failure within thirty (30) days, or such longer period of time as may be reasonably required to cure such default, after Landlord by written notice, has informed Tenant of such noncompliance. 13.2 LANDLORD'S REMEDIES. Upon the occurrence of any of the above lettered events of default, Landlord may elect to either(1) terminate this Lease; or(2) terminate the Tenant's right to possession only without terminating this Lease, hereinafter referred to as re-entry; (3)pursue any other remedy available at law or in equity. Landlord shall have all remedies provided in this Lease and under governing law. All of the remedies given to Landlord in this Lease or by law shall be cumulative, and the exercise of one right or remedy by Landlord shall not impair its right to exercise any other right or remedy. In the event of election under(2) above to terminate Tenant's right to possession only, Landlord may, at Landlord's option,proceed to demand possession by notice and proceeding under the Unlawful Detainer Law of Minnesota and take and hold possession thereof without such proceeding or entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay the rent hereunder for the full term. Upon re-entry Landlord may remove all personal property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass,or becoming liable for any loss or damage which may be occasioned thereby. Upon and after entry into possession without termination of the Lease, Landlord shall use reasonable efforts to relet the premises, or any part thereof for the account of Tenant to any other person, firm or corporation, for such rent and other charges for such time and upon such terms as Landlord, in Landlord's sole subjective discretion shall determine, but Landlord shall not be required to accept any potential Tenant offered by Tenant or to observe any instruction given by Tenant about such reletting. Landlord may make repairs or redecorate the premises to the extent deemed by the Landlord necessary or commercially reasonable. Notwithstanding any action of possession or re-entry into the Leased Premises by the Landlord as permitted in this Article, or termination of this Lease as permitted under Article XIII, it is stipulated and agreed that Tenant shall remain liable to landlord for damages for breach of this Lease and of Tenant's covenants hereunder in an amount equal to the total of the following: (a) All fixed minimum rent, additional rent, late charges, additional rent payable and otherwise, and any and all other charges payable by Tenant hereunder or under other agreements with the Landlord due for the period prior to the date of termination of this Lease or re-entry but unpaid,together with additional late Page 11 DRAFT-- 12/15/98--CHS Lease agreement charges from due date until paid; PLUS (b) All costs and expenses incurred by Landlord in connection with re-entry and repossession of the Leased Premises,the repair, renovation, remodeling, or redecoration thereof to the state required by this Lease upon termination or as may be necessary for reletting, and any broker's commissions, attorneys' fees, and other charges incurred in connection therewith or in connection with reletting the Leased Premises, including attorneys' fees, expended in the collection of Rents; PLUS (c) A sum equal to the present value of all Rents which would have been payable hereunder after the date of termination or re-entry for the balance of the term of the Lease had the Lease not been terminated or re-entry made, together with interest thereon at the rate of two percent(2%) per annum in excess of the prime rate as quoted by First Bank Minneapolis,N.A.,to its best customers, or the highest rate permitted by law, whichever is less from due date until paid, PROVIDED THAT, in the event the Demised Premises are relet(which reletting shall in no event relieve or release Tenant of or from liability for damages hereunder) for all or any part of the balance of the original term hereof then, for each month during such reletting for which landlord receives net avails of such reletting, Tenant shall be entitled to a credit against its liability to Landlord for Such month in an amount equal to such net avails, and PROVIDED FURTHER that, in lieu of damages as set forth in the foregoing provisions of this Section, Landlord may waive such foregoing provisions and elect, by written notice to Tenant within ninety (90) days after termination or re-entry,to receive forthwith as liquidated damages for such breach, in addition to the amounts specified above, a sum equal to fifteen percent (15%) of the Rents which would have been due and payable for the portion of the balance of the term of the Lease from the date of the early termination or re-entry through the final lease year. 13.3 PLAYGROUND EQUIPMENT. In the event of default by the Tenant,Tenant agrees that:any and all-playground equipment installed will remain in possession::of the Landlord atthe said premises.. 13.4 COSTS, EXPENSES AND ATTORNEYS FEES. If one party is required to seek legal counsel for collection or to commence litigation or arbitration in order to enforce the covenants and agreements in this Lease,the party prevailing in such collection, litigation or arbitration shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorney's fees. ARTICLE XIV- ESTOPPEL CERTIFICATE ATTORNMENT AND SUBORDINATION Page 12 DRAFT-- 12/15/98--CHS Lease agreement 14.1 ESTOPPEL CERTIFICATE. Within ten(10) days after the request by Landlord, Tenant shall deliver to Landlord a written and acknowledged statement certifying that Landlord has completed construction of the Demised Premises,that Tenant has accepted possession of the Demised Premises,that this Leases is unmodified and in full force and effect(or if there have been modifications,that the same is in full force and effect as modified and stating the modifications), the commencement date and termination date of the Lease, that Landlord is not in default under the Lease (or, if there is a default, stating specifically the default) and the dates to which the "minimum rent"and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or mortgagee of the fee of the Demised Premises. 14.2 ATTORNMENT. Upon request of Landlord, Tenant shall in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage made by Lessor covering the Demised Premises, attorn to the purchaser upon any foreclosure or sale and recognize such purchaser as Landlord under this Lease. 14.3 ATTORNEY-IN-FACT. Tenant, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of sections 14.1 and 14.2 above. Tenant hereby irrevocably appoints Landlord as attorney in fact for Tenant with full power and authority to execute and deliver in the name of Tenant nay such instruments or certificates. 14.4 SUBORDINATION. Upon request of landlord, Tenant shall, in writing, subordinate its right hereunder to any ground leases of to the lieu of any mortgage or mortgages, or the lien, resulting from any other method of financing or refinancing, now or hereafter in force against the land and/or buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land of which the Demised Premises are parts, and to all advances made or hereafter to be made upon the security thereof,provided Tenant is granted non-disturbance rights. 14.5 RECORDATION. This Lease shall not be recorded without the prior consent of Landlord. Upon the request of the Landlord, Tenant shall execute a short form of this Lease which may be recorded in Landlord's sole discretion. 14.6 NOTICE TO MORTGAGEE. After receiving written notice from any person, firm or other entity that it holds a mortgage (which term shall included a deed of trust)which includes as part of the mortgaged property the Demised Premises, Tenant shall so long as such mortgage is outstanding be required to give to such holder a duplicate notice of any notice required to be given to Landlord by this Lease. It is further agreed that such holder shall have the same opportunity to cure any default, and the same time within which to effect such curing, as is avoidable to Landlord; and if necessary to cure such a default, such holder shall have access to the Demised Premises. Page 13 DRAFT-- 12/15/98--CHS Lease agreement ARTICLE XV-LANDLORD DEFAULT 15.1 DEFAULT NOTICE TO LANDLORD. Should Landlord default in the performance of any of the covenants on the part of the Landlord to be kept or performed and such default shall continue for thirty (30) days after written notice to Landlord from Tenant specifying such default, or should any warranty or representation made by Landlord be untrue and remain untrue after thirty (30) days after written notice from Tenant specifying such untruth, then and only in such event, shall termination of this Lease be effected or action taken or remedy pursued. If the default or untruth is of such character so as to require more than thirty (30) days to remedy, the Landlord shall have a reasonable period in which to remedy the same, provided Landlord is proceeding diligently. Tenant waives its right to make repairs at Landlord's expense. ARTICLE XVI - MISCELLANEOUS PROVISIONS 16.1 HOLDING OVER. In the event that Tenant shall continue to occupy the demised Premises after the expiration of the term of this Lease or written extension of the term hereof without entering a new Lease or written extension of the term hereof said tenancy shall be construed to be a"tenancy from month to month"upon all of the other terms and conditions herein contained, except where same are not applicable and except that the rental during such holdover period shall be the then current"minimum rent"plus fifty percent(50%) thereof shall continue to be paid. 16.2 NO PARTNERSHIP. It is expressly understood that the Landlord and Tenant are not partners of co-venturers, and that the Landlord has not right, title or interest in and to the business of the Tenant, and that the Tenant has no right to represent or bind the Landlord in any respect whatsoever, and that nothing herein contained shall be deemed, held or construed as making the Landlord a partner or associate of the Tenant, or as rendering the Landlord liable for any debts, liabilities or obligations incurred by the Tenant; it being expressly understood that the relationship between the parties hereto is and shall at all times remain, that of Landlord and Tenant. 16.3 WAIVER. Failure on the part of the Landlord to complain of any action or nonaction on the part of Tenant, no matter how long the same may continue, and no matter what other action or non-action by Tenant that Landlord has already complained of shall never be deemed to be a waiver by Landlord of any of his rights hereunder. Further, it is covenanted and agreed that no waiver at any time of any of the provisions hereof by Landlord shall be construed as a waiver of any of the other provisions hereof and that a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or any subsequent similar act by Tenant. No payment by Tenant, or acceptance by Landlord, of a lesser amount than shall be due from Tenant to Landlord, even after demand by Landlord for rent pursuant to Tenant's rent Page 14 DRAFT-- 12/15/98--CHS Lease agreement default shall be treated otherwise than a payment on account. The acceptance by landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check,that said lesser amount is payment in full shall be given no effect, and Landlord may accept such check without prejudice to any further rights or remedies which Landlord may have against Tenant. Further, failure of the Landlord to bill timely for other additional rent as heretofore required shall not be deemed a waiver of Tenant's liability to pay same. 16.4 COVENANT OF QUIET ENJOYMENT. Tenant, subject of the terms and provisions of this Lease, on payment of the rent and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Landlord. 16.5 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of which, when bearing original initials of the parties on each page and at each change in the text hereof as well as original signatures at the end of each document, shall constitute an original for all purposes. All previous agreements, whether oral or written are superseded by and merged with this Lease. Subsequent changes shall not be binding unless reduced to writing and signed by the parties hereto. 16.6 INVALIDATION OF PARTICULAR PROVISIONS. If any clause,term or provision of this Lease, or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable,the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it si held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. It si the intention of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, invalid or unenforceable, there be added as part of this Lease a clause,term or provision similar to such illegal invalid or unenforceable clause, term or provision as may be possible and would be legal, valid, and enforceable. 16.7 PROVISIONS BINDING, ETC. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legally appointed representative, respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. 16.8 GOVERNING LAW. The laws of the State of Minnesota shall govern the interpretation, validity,performance and enforcement of this Lease. 16.9 NOTICES. Any notice which is required under this Lese shall be deemed"given" upon hand delivery or three (3) days after prepaid posting in the U.S. Mail whichever shall first Page 15 DRAFT-- 12/15/98--CHS Lease agreement over. Notice shall be addressed to the addresses listed at the beginning of this Lease or to any other address as shall be designated by written notice. Where in this Lease a certain number of days from date of notice to a given action is specified, unless the specific provision otherwise states,the days shall be counted as follows: The first calendar day shall be excluded and the last day shall be included, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. 16.10 HEADINGS. The heading, section numbers and article numbers appearing in this Lease are not intended in any manner to define, limit, or describe the scope of any such section or article and are solely for ready reference purposes. 16.11 PRONOUNS. As utilized in this Lease, the "singular"pronouns shall include the "it plural" and the"masculine" shall include the"feminine" and the "neuter", and vice versa, unless a contrary intent specifically appears. 16.12 LANDLORD'S LIABILITY. Notwithstanding anything to the contrary in this Lease, it is specifically understood and agreed such agreement being a primary consideration for the execution of this Lease by the landlord,that there shall be absolutely no personal liability on the part of the Landlord, its successors, assigns, legally appointed representative or any mortgagee in possession(for the purposes of this section collectively referred to as "Landlord") with respect to any of the terms, covenants and conditions of this Lease and that Tenant shall look solely to the equity of the Landlord in the Demised Premises for the satisfaction of each and every remedy of Tenant in the event of any breach by the Landlord of any of the terms, covenants and conditions of this Lease to be performed by Landlord, such exculpation of liability to be absolute and without any exception whatsoever. IN WITNESS WHEREOF,the parties hereto have affixed their signatures the day and year first above written. LANDLORD: THE CITY OF MOUNDS VIEW By: Its: TENANT: CHILDREN'S HOME SOCIETY OF MINNESOTA Page 16 DRAFT-- 12/15/98--CHS Lease agreement By: Its: Page 17 DRAFT-- 12/15/98--CHS Lease agreement Item No. 7D Staff Report No. Meeting Date: December 28, 1998 Type of Business: C.B. WK: Work Session;PH:Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Booster Station Revisions Bids Date of Report: December 23, 1998 Staff and various engineers have been working on the booster station revisions project throughout the year. Council may recall a brief report of staff at an earlier council meeting late this summer, regarding this project. Staff reported that the original project which included new motor controls,pumps and motors, was expanded to possibly include extensive electrical upgrades to the facility and Water Treatment Plant No.1. The reason for this was the ever increasing NSP interruptions during peak energy periods. Staff stated that this project would be expanded to reduce demand charges on electrical services and increase the productivity of the existing genset and system pumping capacity. The project has been finalized, advertised and is scheduled for bid opening on December 28, 1998. Staff will present the bids at the Council meeting. A request to transfer the funding for this project into the 1999 budget will be presented accompanied by an additional request to transfer funds from the Water Reserve Fund to balance the project expenditures. Unknown at this time is the cost from NSP to perform the related service removal and new installation. Staff is in the process of writing and advertising the specifications for the control system for this project, along with the Y2K hardware and software update scheduled for early this spring. At this time, staff does not have an exact amount of funds necessary to complete these projects. Funds . have been allocated in the 1999 budget for the Y2K portion of the project. Being that the two are combined, staff will present the later portion of the project in 1999. This may seem a bit confusing now, staff will explain the entire project(combination of the two) at the Council meeting. If Council has any questions regarding this report prior to the meeting,please feel free to call me. 0 • is ael Ulrich, Director of Public Works Item No. l G Staff Report No. Meeting Date: December 28, 1998 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 and City Council From: James Ericson, Planning Associate Item Title/Subject: Consideration of Resolution 5296, a Resolution Approving a Final Plat for the Anthony Properties Addition; Planning Case No. 541-98 Date of Report: December 23, 1998 Background: On December 14, 1998, the City Council approved the preliminary plat for the Anthony Properties Addition. The plat before the Council for final approval is the same plat--no changes have been made from the preliminary plat date-stamped 11/23/98. Discussion: The only unresolved issues concerning this major subdivision were the park dedication requirement and the creation of an easement document which conveys the northwesterly 19 feet of the property to the City for implementation of the Highway 10 design theme improvements. Regarding the park dedication requirement, the City has received and receipted a check from Mr. Anthony in the amount of$103,250 as specified in Resolution 5286, approved 12/14/98. As to the easement document, the draft easement has been sent to Mr. Anthony for his review, which should be executed prior to the meeting on 12/28/98. Ramsey County has authorized that Mylar copies of the plat be created. These copies will be available for City signatures at the meeting. Recommendation: Approve Resolution 5296, a resolution approving the final plat for the Anthony Properties Addition, with stipulations. James Ericson, Planning Associate N:\DATA\GROUPS\COMDE V\DE VCASES\541-98\THEATER.CC2 12/22/88 14:40 129729914494 ANTHONY PROPERTY (0004/006 tcicciao 11=V1 1S o1c roe Dior x.111 yr tejuuzivtio Doc-21-66 03:03pm From-KENNEDY i GRAVEN +3370310 T•666 P.08 F-864 • PERMANENT EASEMENT GRANT -� GRANT IS MADE THIS �3 day ofr2,,, C LOULSE H. O'NEIL Grantor, and CITY OF MOUNDS VIEW,Granter, a municipal corporation organized under the laws of the Stare of Minn -soca, having its principal office beamed at 2401 Highway 10,Mounds View,Minnesota 55112(hereinafter referred to as"City"). C tion and tieracr'iption In consideration of the sum of$1.00 and other good and valuable considerafaan, receipt of which is actnowledged. Grantor hereby pants, sells, and conveys to City, its sucecssots and assigns, a perpetual easement far signage purposes and a perpetual easement for design ijnprvvement purposes, including the purposes of constructing, laying, operating, inspecting, asaintaining, altering, replacing, repairing and putting into operation all necessary public facilities tad appurtenances of said City, in, upon, over and across the following described real estate owned by the Grantor situared in the County of Ramsey which is described herein as the Easement Tract. The EaSeaMMM Tract is legally des abed on A which is anached hereto and inC07 erased b rthL 2. Im of Ewe!. The ease-went rights granted herein shall be possessed and enjoyed by the City,its successors and assigls,in perpetuity. 3. Inge,Eireakod Maintenance. The City, its employees, contractors, and representanves shall have the right of ingress and egress to and from the Easement Tract for the purpose of constructing,laying,operating,inspecting,mauaeihing,altering,replacing,repairing and purring into operation all =eswery public facllioes and appurtenances of said City. Such ingress and egress shall be limited to the Easement and to existing public roads,if any,ori tba premises. 4. Ri is and of rentor. Grantor shall have the right to full use and enjoyment of the Ess vera Tract except far such use as=ay interfere with the exercise by the City of the rights granted herein. Granter shall not construct or permit to be cons xpa�ir�T structure, or obstiucrioe on or over or ire g with the cansniicdou, maintenance, othor epee. ion of any facilities or appurtenances constructed or permitted pursuant to this instrument. Grantor further agrees than it will not materially change.the pound elevation above the Easement ent Tract without the prior written consent of the City. S. Covenant of Onterabiet. Grantor c oveams that it is the owns of the Easement Tract and has the right,title.and capacity to giant the Easements granted herein. 6 effect Up a Subsequent Parties This Easement Grant shall be binding upon and ague to the berrefrt of the heirs.legal representativea successors,and assigns of the parties bereto. 0111D-15 5422 1 ec210-a 12/22/98 14:40 '$`972991449.1 ANTHONY PROPERTY X 005;0043 ",,,,00 11:V4 IAA Oli 104 J494; V11Z VI a* :(JVVJ,VVJ Dee-21-88 03:03pm Fran-KENNEDY & GRAVEN +33T9310 T-666 P.03 F-180 m WITNESS WHEREOF,tc Grantor has caused this Easement Grant to be duly executed • in hes name and behalf as of the day and year 5rst above writ= LOTrlsE a O'NEIL c ' ' e By:• Its By. Its STATE OF MINNESOTA ) )ss COUNTY OF ) 2 .4k The foo=goir� ins�i r was acknowledged le before me thi day of 1998, by �/ �-- and ,respectively,of LOMSE -0 eat .s int, 111111 Public JOSEPH O.BEATON,JR. taTARrPueuo.taNNtsom HENNEPIN COUNTY -oe l OW?Iop ExFUu Jan.31,2000 wiAmAnnAmmoomnowwwwwimivvvvit • • This instrument was drafted by: KENNEDY&G&AVEN,CHARTERED(SJR) 470 Pillsbury Center Mi apolls,MN 55402 (612)337-9300 6817-:55422 2 asrr11a-s 12/22.98 14:41 V9729914494 ANTHONY PROPERTY Z006/0061L/LL/a8 11:UJ rAA 01Z 704 j4In LI41 Vr MY �¢1QOS/oo5 Dec-Z1-16 03:03pm From-KENNEDY t GRAVEN t33T8310 T-6G0 P.04 F-160 EXHINT A Lem]DeStritstion of Easement (Easemaent 11-act] A perpetual easement for design improvement purposes over, under and across the • most northeasterly 19 fret of Lot 1, Block 1, and Lots 1 and 2, Block 2, Anthony Properties Addition, Ramsey Cotmry, Minnesota which adjoins Stare Trunk Highway No_ 10-62. WO-115422 3 -:::::• - -- - - ., 8 • o IH ,-1 al 0 Z i inl i . 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' >-0 2 a rc 4.4.1 a_0 2 • ..._._ .. _ n Lao-r-si--nclo-t PFI.* nN, 1 n IN)'r-,...i-*O., r- RESOLUTION NO. 5296 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE ANTHONY PROPERTIES ADDITION FINAL PLAT; PLANNING CASE 541-98 WHEREAS, AP Mounds View Limited Partnership, represented by Wendell Smith, has requested approval of a final plat for the property legally known as: All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota;and;All that part of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway 10-62,according to the United States Government Survey thereof and situate in Ramsey County, Minnesota; WHEREAS, a final plat date-stamped 11/23/98 titled "Anthony Properties Addition" has been submitted by the applicant; and, WHEREAS, the Mounds View City Council has reviewed the applicant's request for a subdivision of the 26-acre parcel bounded by Highway 10, County Road H2 and Long Lake Road into seven lots associated with the approved planned unit development and finds that it is in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Engineer has reviewed the final plat and has found it to be in conformance with City subdivision regulations and consistent with the approved PUD plans; and, WHEREAS, The Rice Creek Watershed District has approved a drainage permit for the development and has been sent the plat for review; and, WHEREAS, Ramsey County has reviewed and approved the plat and has authorized that Mylar copies of the plat be created; and, WHEREAS, the Minnesota Department of Transportation has reviewed the plat and has forwarded comments to the City and developer; and, WHEREAS, the City Attorney has reviewed the final plat and has performed a Plat Opinion to ensure all easements are represented and all persons or entities having an interest in the property are represented in the signature block; and, WHEREAS, the Director of Public Works has reviewed the final plat and finds it to represent all required utility easement areas; and, Resolution No. 5296 Anthony Properties Addition Final Plat December 28, 1998 Page 2 WHEREAS, on December 22, 1998, the City received a payment in the amount of $103,250 from the developer which satisfies the Park Dedication requirements. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the final plat requested by AP Mounds View Limited Partnership, contingent upon the following: 1. The applicant shall execute and arrange to have recorded with Ramsey County the following easement documents, approved as to form by the City Attorney, prior to the Mayor and City Administrator signing off on the Final Plat: a. A cross-access and parking easement document which allows use of the access points, drive aisles and parking by the theater complex and the office buildings, b. An access easement which allows Donatelles patrons the use of the Theater property's access points and drive aisles, c. An easement area over the northeastern most 19 feet running parallel with Highway 10, which allows for the implementation of the Highway 10 design theme improvements, such as landscaping, lighting and sidewalks. 2. The applicant shall record the Final Plat with Ramsey County within 120 days of Council approval, furnishing the City with a reproducible copy of the final plat showing evidence of such recordation no later than ten days after recordation. Adopted this 28th day of December, 1998. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/ Administrator (SEAL) N:\DATA\GROUPS\COMDE V\DE VCASES\541-98\5296.RES Item No. r7F. Staff Report No. Meeting Date: December 28, 1998 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 and City Council From: James Ericson, Planning Associate Item Title/Subject: Consideration of Resolution 5298, a Resolution Approving a Development Review for an Alternate Site Plan for the Building N Site, Mounds View Business Park, Requested by Everest Development; Planning Case No. 543-98. Date of Report: December 23, 1998 Background: The applicant, Everest Development, is requesting approval of an alternate site plan for the 6.89- acre Building N site located within the Mounds View Business Park, which was originally approved by the City Council in 1994. The applicant requests that either plan (the 1994 version or the plan contemplated now)be permitted to allow greater flexibility in marketing the building to prospective tenants or owners. The new proposal shows a 69,582 square-foot building, which is 33 percent smaller than the originally approved 102,950 square-foot building. The appearance of the single-story, brick-faced office/flex building will match that of the Liberty Check building. The building would accommodate user needs for office, laboratory, production, high-tech assembly or storage uses. It is anticipated that office uses will occupy 50 to 75 percent of the building. The applicant has submitted plans, date-stamped 11/23/98, showing the new proposal. The last page of the plans shows the 1994 site plan, as approved by Council. Discussion: Dimensional Requirements: Required Provided Met? Lot Area: 1 acre 6.89 acres Yes Building Height: < 45 feet 19 feet Yes Building Setbacks • Front (Program Avenue): 40 feet 80 feet Yes • Side 20 feet 55 feet Yes • Rear: 40 feet 50 feet Yes Parking Lot Setbacks • Front (Program Avenue): 40 feet 10 feet Yes • Side: 5 feet 20 feet Yes • Rear: 5 feet 5 feet Yes Building N Site Plan Planning Case 543-98 December 28, 1998 Page 2 The parking lot for this building is for the most part set back from Program Avenue by a minimum of ten feet, with the except for an area where the dedicated right-of-way jogs into the property. While the front yard parking lot setback for a building of this type in an industrial district would normally be 40 feet, because this is within an approved PUD and is zoned accordingly, the setbacks can deviate from the norm. The 1994-approved plans indicated the same front setback. Drainage Considerations: There is currently a Rice Creek Watershed District (RCWD) permit in force for the previously approved Building N development. Staff has forwarded a revised set of plans to the district office for their review. It is likely that the existing permit will need to be amended or a new permit will need to be obtained. The resolution will stipulate that this permit be obtained from RCWD prior to final approval. Parking: The site plans show a total of 344 parking stalls being provided for the building at a ratio of one space per 181 square feet of usable space . According to the parking ratios listed in Chapter 1121 of the City Code, office uses require 3 spaces plus 1 per 175 square feet of floor area and while warehouse uses require 8 spaces plus 1 per 500 square feet of floor area. The parking provided, according to these requirements, will be adequate to serve the building as long as office uses do not exceed 75 percent of the usable floor area of the building (the balance used as warehouse, storage or manufacturing.) The applicant has indicated that office uses are not expected to exceed this amount. Landscaping: The City Forester, Rick Wriskey, reviewed and approved the original landscape plans. Even though the current landscape plan indicates all of the same species and in the same general ratios and even exceeds the previous plan by an additional five plantings, staff asked the Mr. Wriskey to review the revised landscape plan in the event that any of the species have been recently found to be susceptible to disease or any other problems. He determined that the proposed landscaping plan was acceptable and appropriate. Public Safety: The access and drive aisles are in conformance with Fire Department requirements and standards. There are three entrances from Program Avenue to the site, two of which are 30 feet wide and are intended for truck traffic and the third, which would be for automobile traffic only, is 25 feet wide. Because of the angled loading bays at the rear of the building, truck traffic will enter only from the north driveway and exit only from the south driveway. There is 45 feet of impervious surface at the rear of the building to sufficiently accommodate the turning and maneuvering of the trucks. The City Engineer and Director of Public Works pointed out a possible problem with the south drive, in that it is less than twenty feet from the adjoining property's driveway, both of which are directly across the street from Clifton Drive. It was suggested that perhaps Clifton drive could be extended into the Building N site and the Mounds View Inn property to reduce the potential for traffic conflict. The applicant did not find this modification acceptable. Building N Site Plan Planning Case 543-98 December 28, 1998 Page 3 Utilities: The building will tie into existing water mains, one under Program Avenue, the other just north of the building creating a looped water source for better circulation and pressure. The City will require that an easement be granted covering the waterlines and fire hydrant stubs which is acceptable to the applicant. The sanitary sewer will tie in to the existing service also under Program Avenue. Public Works has reviewed the placement and location of the fire hydrants and has made changes to the plan to reduce the number provided from six to three, taking into consideration the number of existing hydrants in and around this property already. The Fire Marshall has been sent a copy of the utility plan to confirm the changes requested by Public Works. Planning Commission Action: The Planning Commission, at its meeting on December 16, 1998, voted to recommend approval of this alternate site plan, in effect allowing for either of the two site plans to be developed. Discussion was held regarding the suggestion to extend Clifton into the subject property to reduce potential traffic conflict, but ultimately was left out of the resolution as it was not considered by the Commission to be a significant problem. The Commission also discussed limiting the office coverage to 75 percent of the building so as to not exceed the provided parking. The approved resolution had no such stipulation, the thought being that if any parking problems do occur, they will self-correct. The ratios provided at the Building N site are higher than that of any other building in the Mounds View Business Park, according to Tim Nelson, the applicant's representative. Recommendation: Staff recommends that the City Council approve Resolution 5298, a resolution approving an alternate site plan for development of the 6.89-acre Building N site, Mounds View Business Park, as requested by Everest Development. James Ericson, Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Site Plans,date-stamped 11/25/98 4. Resolution 5298 11/24/98 16:54 FAX 612 784 3482 ` CITY OF MY lib 002/003 =I '[11:ritco DEVELOPMENT DEPARTMENT '- DEVELOPMENT APPLICATION 2401 Highway 10, Mounds View MN 55112 '�•ri.asn�'0', 612-717-4020 612-784.3462-FAX Please Type or Print information-Compute Both Sides of This Foran Applicant Information Name of Applicant Everest Development , Ltd. Telephone 651/636-5500 Address 2.66.5 Long Lake. aoa.d_r.Su.i.t_e_ L20_..—_ Fax — ••6.51/636-0183 . lto`s e ern e , •FR..35113 - - ---------- _._...: Interest In Property(chock apptompriate box) .a OwnerafPropQdr •a CondMetfor Deed:Owuer a Lessee,Operator.Manager a Agree.oeat to Purchase XI Otder(e3cplain) Affiliate of property owner . Michael Tnvestmentc Applknnts most provide evidence of interest in property at the time of appNeatioon,and if you are not the owner of the property,ty,you mart provide a letter ape:mission from the owner giving consent to the filing Oath appbca'om The frosisetty owner meat sign this apprnralOrt for it to be accepted Property D sic iptSodPrvpoaai Address or G ne al Loestinn 5 X X X X Program Avenue _ Legal Description See attached F. ehii rt- A o 5 tY #(P #) �R_ L.?�_ tt h00 �_•�►�';•-$8d�Tfi23(l' 7'i(12 '-TT�If F •7.. pofAans 6 . 89 Acres .•-• _...... _. - - Crent Zoning P . U. n . (Planned Unit Development) Tweet-Application a Comprebanivc Plan Amendment 5250 a Rezoning 5250/acre aria 5250 max 5I500 a Major Subdivision 5250+5250 deposit' a Minor Subdivision 5200 a Planned Unit Developtaent(PUD) Refer w rezoning fees a PUD Amit 050 a Conditional Use Permit *R-!.. R-2 575;all others 5250 a Variance . R-I. R-2 5100 all othcs 5250 a Code Appeal 5 100 Kt Develop Review/Site Plan S I25/aam min 5125 max 5750 a Wedand Alteration Pamir R-I.R.-2 5150:all others 5200 0 wetland Buffer Permit R.I.R-2 525:ad others 5100 a Floodplain Permit $200 a Other •Deposits shall be paid to cover all costs of public notices.mataials and sraifor consultant time 31,eat is the review, research or preparation of matetisis associated with this application. The applicant shall be responsible for all rancuabl e incurred coats in eta of the initial deposit amount. Any portico of the deposit not,peat or encumbered shall be rtsitodod to the applicant within thirty(.10)days atter non idersboa of the application is completed. Please aeoplete the reverse side of this appiic tdon. 11/24/98 16:54 FAZ 612 784 3462 CITY OF IV fa003/003 • Gty of Mounds View.MN Development Application Pim Present Use o&Prpsty lD uodevslopaVV t • - o Siag1eFamily Dwdliog • • n Dupliseftwo Family Dandling Dwelling a Establishment a Fodhial Esublishment a Otter(exp ) Property Classification a Abstract Torres Delmdonnamnipcm4 Alternate site plan approval for development of 69 , 1h7 square foot single-story office/flex building and associated Rgrki,g and site improvements . A. . roval is r- . - - . to Ler i - - . . previous- y approved 97 ,463 office/warehouse or 69 . 167 sgnara not office/flex building . • BY MY(OUB SIGNATURE ON THIS APPLICATION.I HER BY DECLARE THAT_TO THE BEV OF MY' KNOWLEDGE,TFIE INFORMATION PROVIDEDIS TRUE AND ACCURATE - • • • Saga a of Agplic noz64 % 46 !„ . , Vice President Name&Applica t(typed/prints!) • Everest D=i'e 1 o p m e n t , Ltd. d------2---- Signaawe ofPrope ty Owner BYAIM Nanso apinpaw owner(tYF M i c,I14 � 1Pe s t men i s • • AdkcessofOwner - 2665 Long Lake Rd':.-Suit,. 170 •Ros-evil1e, "MN"55113- Pbaaa Number of Owner 651/636-5500 +nastra • ataira+ss.+un*.aas • FOR OFFICE USE ONLY Date of Submittal • 1 -A-99 . . Date of Acc pance Assigned to: Miming Case Na. 3E3-G 60.iay Ludt 120-day tunic • Fan Paid: -Amount f Cbar3c` #bj . Application: � Applicat ParkDecicatio Other:Deposits . Tani: • N:IDATA' RMSIDEVA7P$OR U9i R'i • • S _ JJLT 6.4.1,,,,5',..04.-1. JJL '••••••. L ii - _ 1 ®o 1 5309 5317 PF 5316 531' 531 ' 0 > Z. y ® 5298 £23 5307 U • A ��4,14r0 5299 • 529r li 529 Stilhl 5294 5293 -529•, !II! !It ! 5288 5287 : 528 I? , 4. 114166, h J q', N N tt- 3 N N 5275 B-3 7 i �^ 5287 ti 5263 92EC Mel= • F u1 PUD 5251 > 901 •zK•LL)4 . Q 8.112: ��®�` N 5230 70� • t � I N 6 • �' ,1 i 260 1 5• �� �M la! 4 WOODA'LE a 8 DR MEI FTf-] ,�P� o �5240 5240 L 5205 N 5200 N a :::% 4 �i-iii/Z1iiY��lii�1M CiS�i 4.�� 2 5201 .'f g,_ 0 to '*szlo is 1..•n. ••CLi�C-•�5200 5209 ••Ragg22 MI ryti, 44rt• 41. 5150 5 145 A • C No g 8 11116. Building"N" I N N N N N N N N N EDGEWOOD ,9 B-3 Site v JR. HIGH tititi\� SCHOOL N' Ilk40'4.1,11 PUD 1 40� . ti's° O %.• . 5100 pyo° 0 0� lZ g B-3 /1"rGr$ Oros ° 21 .... ...... :. :... RICE CRE LO IVO al i rn '"W...,...,..H.H..T. _IMP M ii ... F—. N CO — . . — RD --- F.Q.. 0= w I— CRP — '--.N.s..fit 3�:-�ky.�� 1,4:1 • iy.4, Aii 71, w.• ..i.1 ,_, R-5 I A E.. -) , -,•i,. •,, it 8-3 TOWNS EDGE TERRACE .r' 4 MOBILE HOME PARK �' •" 1 ` .% UICKFNti IANF O • Zoning Map Planning Case 543-98 Applicant: Everest Building, Ltd. N. I )I Location: 5145 Program Avenue RESOLUTION NO. 5298 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN ALTERNATE SITE PLAN FOR THE DEVELOPMENT OF THE 6.89-ACRE BUILDING N SITE, MOUNDS VIEW BUSINESS PARK, 5145 PROGRAM DRIVE; PLANNING CASE NO. 543-98 WHEREAS, Everest Development, represented by Tim Nelson, has requested City approval of an alternate site plan for the development of the Building N site, legally described as follows: Lot 3, Block 3, Programmed Land First Addition; and, Lot 2, Block 1, Programmed Land Second Addition; and, That part of Outlot A, Mounds View Business Park lying east of a line beginning at a point on the south line of said Outlot A, said point being South 89 degrees 19 minutes 21 seconds East, assumed bearing, 409.00 feet from the southwest corner of said Outlot A; thence North 31 degrees 43 minutes 48 seconds East 19.26 feet to the north line of said Outlot A and said line there terminating; and, That part of the South five acres of Lot 2, Block 2, Pinecrest Addition, lying West of the easterly 80 feet of said Lot and lying East of Mounds View Business Park East Addition. WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for all commercial and industrial development within the City; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application,dated 12/2/98 2. Zoning and Location Map 3. Site Plans,date-stamped 11/25/98 WHEREAS, the Mounds View City Council finds that the site plans date-stamped 11/25/98 conform to the requirements of Chapter 1120, Planned Unit Developments District; and, WHEREAS, the City Engineer has been sent the site plans and has made a recommendation regarding a reconfiguration of the south driveway; and, WHEREAS, the Rice Creek Watershed District (RCWD) has been sent the site plans and will require at a minimum that the existing RCWD permit be amended or a new permit obtained; and, Resolution 5298 Building N Alternate Plans December 28, 1998 Page 2 WHEREAS, the City Forester has reviewed the landscape plans and has found the planting schedule to be acceptable considering Mounds View soils and both consistent and complementary to the existing plantings in the business park; and, WHEREAS, the Fire Marshal has been sent the site plans in order . . . WHEREAS, Mounds View Public Works department staff have reviewed the utility plans and have made recommended changes regarding placement and location of fire hydrants and a connection to the sanitary server system. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves an alternative site plan for the Building N development, Mounds View Business Park, to allow for a 69,582 square-foot office/flex building as shown on the site plans dated 11/25/98, subject to the following stipulations: 1. The site plans shall be revised to reflect changes requested by the City Engineer, the Public Works Department, the Fire Marshal or Rice Creek Watershed District with specific regard to utilities or drainage issues. 2. Before any building permits are issued for this development, the applicant shall arrange to file the final plat with Ramsey County, providing the City with a signed Mylar copy of the plat, and arrange to pay the required park dedication fee, as stipulated in Resolution 5168, adopted October 27, 1997. Adopted this 28th day of December, 1998 Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator SEAL N:\DATA\GROUPS\COMDEV\DE VCASES\543-98\5298CC.RES Item No. f7F/ 1 Staff Report No. Meeting Date: December 28, 1998 Type of Business: CB • WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Planning Associate Item Title/Subject: Consideration of Resolution No. 5299, a Resolution Supporting the Action of the Planning Commission with Regard to Planning Commission Resolution 558-98, a Resolution Denying a Variance for Two Curb Cuts at 8111 Eastwood Road, Requested by Michael Tobias; Planning Case No 535-98 Date of Report: December 23, 1998 Background: On November 23, 1998, Michael Tobias appeared before the City Council to appeal Planning Commission Resolution 558-98, a resolution which denied Mr. Tobias' variance request to maintain two driveways at his home at 8111 Eastwood Road. At this meeting, the Council heard testimony from Mr. Tobias and was presented all of the background documentation pertaining to this case. The Council voted to postpone action on the appeal until the Planning Commission had an opportunity to discuss the merits of amending the Code to allow for multiple curb cuts on corner lots. Discussion: On December 16, 1998, after having published a meeting notice in the New Brighton Bulletin and after a news article appeared in the Focus which invited residents to come to the meeting, the Planning Commission proceeded to discuss the merits of amending the Code as directed by the Council. Also in attendance to provide input and answer questions were legal representative Scott Riggs, Public Works Director Mike Ulrich and Council Liaison Roger Koopmeiners. Dan Coughlin, the City's mayor-elect, had intended to be present for this discussion but was unable to attend. His comments in a letter dated 12/12/98 are attached. The City Attorney, whose written comments are also attached for reference, indicated that the idea of a non-conformity was that if by the end of a non-conforming use's viable lifespan it did not conform to the Codes, it would not be allowed to be rebuilt. This acts much like an amortization. If the driveway in question had gotten to a point of disrepair such that it had to be removed in order to maintain it, this would indicate it's useful life had ceased, as then did its non-conforming status. City of Mounds View Staff Report December 24, 1998 Page 2 In regard to the public safety aspect of backing out of a driveway, Council Liaison Koopmeiners was asked if he could recall any accidents that had occurred as a result of persons backing out of their driveway onto a city street. Council Liaison Koopmeiners, who had been a member of the Mounds View Police force in excess of twenty years, could not recall a single such incident. Also discussed was the fact that the variance requested was unique in the sense that the last such variance request came before the Commission in 1994, which indicated to the Commission that there was no need to amend the Code. The Commission felt that Section 1121.09, Subdivision 5c, which limits single-family residential properties to only one curb cut, is appropriate and should remain in force, unchanged from its present language. Recommendation: Approve Resolution 5299, a resolution upholding Planning Commission Resolution 588-98, a resolution denying a variance request for two curb cuts at 8111 Eastwood Road, requested by Michael Tobias. •---�v�-coo James Ericson, Planning Associate Attachments: 1. Planning Commission Resolution No. 588-98 2. Letter from Dan Coughlin,dated 12/12/98 3. Memo from Scott Riggs,dated 12/21/98 4. Resolution 5299 NADATA\GROUPS\COMDEV\DEVCASES\535-98\ PPEAL.RPT MOUNDS VIEW PLANNING COMMIISSION RESOLUTION NO. 558-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW FOR TWO CURB-CUTS AT 8111 EASTWOOD ROAD, A SINGLE-FAMII,Y ESIDENTIAL PROPERTY OWNED BY MICHAEL TOBIAS; PLAN!RN • 't WHEREAS, the Mounds View Planning Commission has reviewed the request of Michael Tobias to allow for two curb cuts at his property, Iocated at 8111 Eastwood Road; and, WHEREAS, this property is zoned R-1, Single-Family Residential, and is legally described as follows: Subject to Sherwood and Eastwood Roads, The East 215 Feet of the West 1799 Feet of the South 200 Feet of the Northeast 1/4 of Section 6, Township 30, Range 23 WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Planning Application 2. Location Map 3. Zoning Map 4. Site Plan 5. Letter from Building Inspector,dated 7/28/98 6. Corner Parcel Inventory WHEREAS, the applicant applied for and received Building Permit no. 98095 to repave his driveway, on the condition that the access to Sherwood Road be removed; and, WHEREAS, inspections after the work was completed showed that the access to Sherwood Road had not been permanently removed, but instead had been replaced, violating the terms of the permit; and, WHEREAS, a variance to the provisions of the Zoning Code may be issued by the Board of Adjustments and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of the property owner's land; and, WHEREAS, the Planning Commission finds that there is no undue hardship or practical difficulties associated with this property which would warrant approving a variance, based upon the following evidence: Planning Commission Resolution 558-98 Tobias Driveway Variance 8111 Eastwood Road September 16, 1998 Page 2 (1) More than eighty percent of the corner lots in this section of the City have only one curb cut, and, (2) There are no physical obstructions, such as a bend in the road, trees, bushes or shrubs, that would restrict visibility to and from the property, and, (3) There is ample room on the property to have a turn-around, or"T" extension to the main drive to enable vehicles to exit the property in forward motion rather than in reverse. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals denies the variance to allow two curb cuts at 8111 Eastwood Road and directs the property owner to remove the access to Sherwood Road in accordance with the Ietter sent to the property owner dated 7/28/98. Adopted this 16th day of September, 1998. Jerry Pet so Chairman c Rick Jopke, Co pity Development Director SEAL N:IDATA\GROUPSICOMDEV\DE VCASES\535-981558-98D.RES December 12, 1998 Jim Ericson Mounds View City Hall 2401 Highway 10 Mounds View, MN 55112 Dear Jim, I have a previously scheduled meeting on December 16th, but I wanted to add my thoughts to the discussion regarding the ordinance requiring a maximum of one curb cut per residential property. Setting aside the specifics of the case which brought this ordinance to a point of reconsideration, I am in favor of removing this requirement from the city's books. A fairly large percentage of corner lots presently have two curb cuts and most have maintained those two access points for several decades without comment or incident. Seeing that the vast majority of the residential areas in our city are fully developed, and have been for many years, I do not foresee a large 'run' on city hall to get the Ok to put in a 2nd driveway. Due to required setbacks and other city codes, most residential lots would not even be able to add a second curb cut. Thus, this matter in great degree is only dealing with corner lots or lots with large front footages. I would further make the assumption that basically the only people who would consider a 2nd curb cut are those property owners who already have a second one presently and simply wish to maintain those points of entry to their property. I believe the larger question that lurks behind this debate is whether or not a simple repaving of an existing driveway should be considered reconstruction for code enforcement purposes. I maintain that repaving a driveway without any major changes to its scope or function should be viewed as a normal maintenance issue and not a true reconstruction. I view driveways much as I view roofs. They have a functional life span and then they must be replaced. When a roof is replaced the city (and state) requires minimum standards for materials used on the project: but the city doesn't get into whether or not the homeowner needs to change the slope of his roof to meet new building codes. In that same spirit I believe it is time for the city to put driveway repaving into the category of normal property maintenance and focus more on making sure the repaving process and the materials used are top rate. If we fail to address this larger issue of maintenance vs. reconstruction there will be, in my opinion, three basic things that people will do when their properties are facing more restrictive codes: One group will simply opt not to repave their driveway after viewing the laborious process one must undertake in order to get a variance for something they presently have on hand. There is and will continue to be somewhat of a chilling effect on people wishing to upgrade their aging driveways if red tape is what awaits them when they repave things. There will be another group of individuals that will participate in the 'underground economy' where they get the brother-in-law of a friend of theirs to repave the driveway at some point when nobody is paying attention. They may get caught; but they may not be caught. To some, the risk of a fme and having to apologize after the fact is worth the chance instead of having to change what already exists on their property. There are certainly going to be quite a few law abiding souls who will abide by the rules because those are the rules; but even then there will be discontent over not being able to simply replace what has existed for decades previously. It is this sort of scenario that breeds cynicism and anger in the hearts of the residents. It does not have to be this way. And so in closing let me reiterate that I am in favor of removing the language in the present ordinance which restricts residential properties to a single curb cut. And, I'd also ask for consideration of changing the city's view of repaving a driveway from considering it a reconstruction/construction process to one of ordinary property maintenance, thus averting the need for many unnecessary variance applications. I thank you for your time and consideration. Sincerely, Dan Coughlin Mounds View homeowner& Vice President of Brinkman-Russell Home Improvements 8468 Spring Lake Road Mounds View, MN 55112-6154 DanC@isd.net MEMORANDUM TO: Jim Ericson. Planning Associate FROM: Scott J. Riggs,Assistant City Attorney DATE: December 21, 1998 RE: variance Discussion at Mounds view Planning Commission Meeting Per your request.the following is a summary of the advice provided to the Planning Commission on Wednesday, December 16, 1998.regarding the status of the variance application which the Planning Commission previously forwarded to the City Council. The specific discussion centered on whether or not such a variance request was in fact warranted, or if the individual applying for the variance had a continuing non-conforming use within the City. I call your attention specifically to Chapter 1 123 of the City's code as to non-conforming buildings, structures and uses for review of this matter. It was my understanding that the present matter before both the Planning Commission and the City Council involved the removal of an existing driveway that was a non-conforming use and the reconstruction of the driveway to the extent it had previously existed. The question that arose from such a situation was whether the situation constituted the repair, maintenance, replacement or the damage and destruction of the previous driveway. The advice provided to the Planning Commission was that the most logical reading of the City's code is that Section 1123.07 as to damage and destruction applies since the removal of the previously existing,non-conforming driveway constituted the destruction to the extent of more than 50%of the fair market value of the then existing driveway. As such,from such date of the driveway removal (i.e.,the destruction),the grandfathering affect of the non- conforming use ceases to exist and the driveway became subject to all the regulations specified in the present zoning regulations of the City Code. Thus,the reconstruction of the driveway can only be to the extent and it conforms to existing City regulations. Any reconstruction to the extent of the previously existing driveway would create an illegal use rather than a non-conforming use. Also relevant to the review of this matter was that the City's Code is unclear as to what constitutes a repair of a driveway. A discussion was bad with the Planning Commission as to whether such a definition could be drafted wherein repair of a driveway would be outside the most logical reading of a"destruction"of a non-conforming use under City Code Section 1123.07. It was noted to the Planning Commission that any definitional change involving the repair of a driveway must also consider the effect on the general nature of a non-conformity under the Code. As an aside, it was also noted in addition to the curb cuts restriction which necessitated the variance request before the Planning Commission and City Council,the Code also provides in Section 1121.03 Subd.5a that"no curb cut access shall be located less than SJR-15.5355 MU21 G.29 fifty(50) feet from the intersection of two(2)or more street rights-of-way." It was noted that this provisions would likely also apply to the present application for a variance that is before the City Council. Please feel free to contact me with any additional questions you may have regarding this matter. SIR-155355 MU210-2Q RESOLUTION NO. 5299 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING THE ACTION OF THE PLANNING COMMISSION WITH REGARD TO PLANNING COMMISSION RESOLUTION 558-98, A RESOLUTION DENYING A VARIANCE REQUEST FOR TWO CURB CUTS AT 8111 EASTWOOD ROAD, REQUESTED BY MICHAEL TOBIAS; PLANNING CASE NO 535-98 WHEREAS, Michael Tobias has appealed a Planning Commission variance denial to the City Council regarding a request to maintain two curb cuts at his property located at 8111 Eastwood Road, legally described as: Subject to Sherwood and Eastwood Roads, The East 215 Feet of the West 1799 Feet of the South 200 Feet of the Northeast 1/4 of Section 6, Township 30, Range 23 WHEREAS, according to Section 1121.09, Subdivision 5e of the City Code, no single- family residential property may have more than one curb-cut, unless requirement is waived by the Planning Commission in the interest of public safety; and, WHEREAS, according to Section 1123.07 of the City Code, if a non-conforming use is damaged or destroyed to an extent beyond 50 percent of its value, any reconstruction or repair shall be held subject to all current zoning regulations; and, WHEREAS, Mr. Tobias obtained a building permit to replace his driveway on the condition that the property's second curb (facing Sherwood Road)be removed, a condition to which Mr. Tobias agreed; and, WHEREAS, the contractor mistakenly replaced the driveway to Sherwood Road, in violation of the terms of the building permit and the City Code; and, WHEREAS, the Planning Commission at its meeting on 9/16/98 voted to deny the variance request made by Mr. Tobias on the grounds that there was no hardship nor any threat to public safety; and, WHEREAS, Mr. Tobias appealed the decision of the Planning Commission to the City Council on 11/23/98, at which meeting the City Council directed the Planning Commission to examine the possibility of amending the Code to allow multiple curb cuts; and, WHEREAS, the Planning Commission held a public meeting on December 16, 1998, for which a notice had been published in the New Brighton Bulletin and for which two news articles had been published in the Focus to discuss a possible Code amendment to allow multiple curb cuts on corner lots; and, Planning Case 535-98 Michael Tobias Variance Appeal December 23, 1998 Page 2 WHEREAS, the Planning Commission after some discussion collectively agreed that the Code should not be changed and recommended to the City Council that Planning Commission Resolution No. 558-98 be upheld. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council upholds Planning Commission Resolution No. 588-98, a resolution denying a variance for two curb cuts at 8111 Eastwood Road. Adopted this 28th day of December, 1998. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator (SEAL) N:\DATA\GROUPS\COMDE V\DEVCASES\535-98WPPEAL.RES