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HomeMy WebLinkAboutAgenda Packets - 1998/07/14 CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, SEPTEMBER 14, 1998 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: McCarty, Stigney,Koopmeiners, Quick,Gunn 3. APPROVAL OF MINUTES A. August 24, 1998 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS: 5. CONSENT AGENDA A. Approve Just and Correct Claims. B. Approval of Planning Commission Minutes dated July 1, 1998 and July 15, 1998. C. Approval of Resolution No. 5268 Approving the 1998 Election Judges. D. Renewal of Kennel Licenses(staff report attached). E. Approval of Contractor Licenses(staff report attached). F. Approval of Extension for Time Frame to File Final Plat for the Everest Building N Project. 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 and Consideration of Resolution No. 5263,Approving a Conditional Use Permit for an Over-sized Garage at 2185 Pinewood Drive,requested by Tammy Bellamy. B. Public Hearing and Consideration of Resolution No. 5254, Approving a Conditional Use Permit for an Over-sized Garage at 2442 Hillview Road, requested by David Kramer. (ITEM HAS BEEN REMOVED AT THE REQUEST OF DAVID KRAMER.) C. Consideration of Resolution No. 5265 setting the preliminary 1999 general fund operation budget, 1999 property tax levies, and the related public hearing for November 30, 1998. D. Consideration of Resolution No. 5266 Approving a Development Agreement with Anthony Properties Management/Louise O'Neil for the Proposed Theater Development. E. Consideration of Resolution No. 5267, Calling for the Formation of a Citizens Committee to Review the City's Street Construction, Assessment and Financing Policies and Procedures. 8. REPORTS 9. Next Council Work Session: Monday,October 5, 1998-6:00 PM Next Council Meeting: September 28, 1998-7:00 PM 10. ADJOURNMENT MEMO September 11, 1998 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: September 14, 1998 City Council Meeting Despite the heavy work session agenda of last Tuesday,this Monday's meeting is relatively light. Here's what we have: Consent Agenda-Item 5F-Extension of Building N Final Plat: Everest has been in contact with us again on their Building N efforts. This item on the Consent Agenda and the development agreement on the EDA agenda have come back to the City at Everest's request and have to take into account some circumstantial changes that have taken place. Rick Jopke's memo reviews the fact that extending the final plat deadline as requested,while of no real changes from the original, may fall outside of the code requirements for extensions. I agree that no adverse effect to the city is created by this extension,but the Council may want to reconsider any extensions after this one. Everest is attempting to market this project as a development and some changes in the development agreement allude to this. Regardless,it still appears to be worthwhile to proceed with these changes and allow Everest to move on Building N. However, continued indefinite inaction on Everest's part in developing this property may want to be discouraged in the future. Council Business - Item 7C - Resolution 5265 Setting 1999 Preliminary Levy and Setting Public Hearing: Bruce has put together the resolution setting the 1999 preliminary levy at the maximum amount, approximately a 5% increase over 1998, and setting the budget public hearing for November 30. This will also be a special Council meeting. I am working with staff to address the Council on the 1999 budget again at the October 5 work session. This meeting will be particularly timely because it will be the same meeting that the community center management proposals will be reviewed, and I expect to understand the general fund budget impact of those proposals as well. Item 7D-Theater Development Agreement: The language should reflect the discussions of last Monday evening. I think unless there are major problems with it, the Council should approve it to allow staff and the engineers to get going on the specifications of the street reconstruction in order to get the traffic light in as quickly as possible next spring. Hopefully that will help close the timing gap between the theater opening and the light for traffic management. Also, staff has not pursued seeking requests for proposals for development of the corner parcel of city property created by the realignment of Edgewood for a number of reasons. First, the wetland mitigation options on the community center site were pursued and when it became evident that the Midland Videen property would not be critical to that mitigation it lessened the need to pursue that property, and hence proposals for development of the corner. Second,two developers are aware of the new lot and have chosen not to push the City at this time for whatever reason. Wendell Smith is probably too busy with developing the theater property, and Terry Moses may be waiting for the City to commit either on the Midland Videen property or by soliciting for proposals on the corner lot. The final reason it that although the theater is under construction, there has not been a finalized commitment to the realignment and the cost sharing. This development agreement does that,but like incurring expenses with our engineer to further design that realignment,no action seemed prudent until the commitment is made on the cost sharing with the theater developer. Frankly, I think the city's position is strengthened in terms of deciding the value of that corner and keeping the Midland Videen property value affordable either for the city or by way of a joint development situation with a developer on the corner by our finding of another way(less costly as well)to mitigate the community center site, and to commitment the theater to street improvement expenses. The city can still decide what use if any it may want for the corner as well. Item 7E - Resolution for Streets Policies Committee: I took the Council's discussion of last Tuesday and drafted Resolution 5267 placing some structure to the concept agreed upon. Practical considerations of how to staff, how to report and a time frame for the work were placed in the resolution,all of which are open for discussion if the Council wishes. The purpose of the time frame may be reviewed. I was attempting to have the committee's work completed for adequate Council digestion prior to committing to the 1999 construction season, something the city should be into by February. It also seemed that some time will be needed simply to set up the committee which will put its formation into October with Council appointments. A final consideration but one not pertinent to my writing is the timing of the report to the Council. Understanding the likelihood of at least two Council changes come January 1,it would seem that the next Council would be the more appropriate one to review and two,to commit to the policies. EDA Item - Mermaid Project: Kevin Carroll's memo outlines efforts to select a consultant to conduct an environmental assessment of the RentAll property and a resolution authorizing action is attached. In other news, Community Ed is now in and going in the community center. Work to finish the city's portion of the building is continuing with no serious problems to report. Staff and I did sit down this week to go through the general fund budget line by line and as written above, I am anticipating reviewing the budget again with the Council the budget in earnest at the October 5 work session. Finally, community center interviews are continuing September 21 and 22. For those of you who can,check our web page. We have been making efforts to keep it informative and accurate. See you Monday. C�A' UNAPPROvED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting August 24, 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 August 24, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Quick, Koopmeiners, and Stigney. ALSO PRESENT: Mike Ulrich, Acting Clerk Administrator; Kevin Carroll, Economic Development Coordinator; Rick Jopke, Community Development Director, Jim Ericson, Planning Associate; Bob Long, City Attorney; and Dave Hix, Recording Secretary. 3. APPROVAL OF MINUTES A. August 10, 1998 City Council Meeting Mayor McCarty asked for corrections and/or additions to the August 10, 1998 City Council Minutes. Stigney offered the following corrections: On Page 3, Item 3, the title "Bureau of Utility Clerk" should read "Billing and Utility Clerk." On Page 3, Paragraph 5, fifth line; the title "Human Resource Technician" should read "Human Resource Duties of the Assistant Administrator." On Page 3, at the last MOTION/SECOND, delete the reference to Stanton Survey and delete the word "and" following Stanton Survey. On page 4, the first sentence reads "Motion failed due to a lack of second." It should read "Motion failed because it was not recognized by the Chair." McCarty read into the record the Robert's Rules of Order that governed the circumstance in question: RULES OF ORDER 517 "... the minority and individual members if it is for any other purpose than the first sentence of this the one stated in section. In ordinary assemblies,the motion to Lay on the Table is out of UNAPPROVED Page 2 August 24, 1998 Mounds View City Council order if the evident intent is to kill or avoid dealing with a measure. If a time for resuming consideration is specified in making the motion, it can be admitted only as a motion to Postpone (14), in which case it is debatable (see also pp. 213-215). Standard Descriptive Characteristics The subsidiary motion to Lay on the Table: 1. Takes precedence over all subsidiary motions, and over any incidental motions that are pending when it is made. It yields to all privileged motions, and to motions that are incidental to itself 2. Can be applied to main motions, with any other subsidiary motions that may be pending; can be thus applied to orders of the day(14, 40) or questions of privilege (19)while they are actually pending as main motions, and such an application is independent of, and does not carry to the table, any other matter that they may have Interrupted; can be separately applied to debatable appeals that do not adhere(p. 115)to the main question(or to nonadhering points of order referred by the chair to the judgement of the assembly which are debatable when so referred), and this application has no effect on the status of any other questions that may be pending; can be applied to adhering appeals-Whether debatable or undebatable-only by laying the main question on the table, in which case the appeal and all other adhering motions to the table also; can be applied to an immediately pending motion to Reconsider (36), whenever Lay on the table would be applicable if the motion to be reconsidered were ..." McCarty stated: "The motion to table cannot be used or wielded as a club to close off a debate on the rest of the members." "That's why the motion died, it never had a second, I never called for a second." Stigney stated: "The motion was made to table in conjunction with the Hays Study, so a definite time period was stated." McCarty stated: "It should have been a motion to postpone." The Mayor suggested that Mr. Stigney educate himself on Robert's Rules of order. Stigney stated he was fully aware of the meaning of the words "postpone" and "table." "In the past when I made a postponement motion, it has always been meant to table." The Mayor stated he disagreed and requested that Mr. Stigney move on with his corrections to the minutes. Stigney restated his correction to the minutes as follows: "I made a motion and it was not recognized by the Chair." Page 3 uNAppR ovED August 24, 1998 Mounds View City Council Mayor McCarty reiterated the motion was called out of order and referred Mr. Stigney to Robert's Rules of Order 517, which had just been read into the record. He said, "Your remedy to that would be to appeal from the decision of the Chair, but you never made that." Stigney told the Council: "The City Attorney had reviewed the Council Meeting tape and stated that, in fact,the Mayor was incorrect in his decision." Mayor McCarty asked Mr. Stigney to proceed with his corrections to the minutes. Stigney stated his corrections as: "The motion did not fail due to lack of a second. It failed because the motion was not recognized by the Chair." Mayor McCarty offered the following correction to the minutes: On Page 4, Line 1 should read, "Motion failed because it was ruled out of order." Stigney offered the following correction to the minutes: All statements as shown in the record in regards to the failed motion in question are out of sequence with what is shown on the meeting tapes. MOTION/SECOND: Koopmeiners/Stigney to approve the August 10, 1998 Council Meeting Minutes as corrected. VOTE: Ayes - 5 Nays - 0 Motion carried 4. SPECIAL ORDER OF BUSINESS No Special Order of Business was considered. 5. CONSENT AGENDA A. Approve Just and Correct Claims B. Request Approval to purchase Parks Truck C. Request to Transfer License for Oasis Market Items D, E, and F were pulled for further consideration. D. Adopt Resolution 5261, Ordering the Preparation of Proposed Assessment and Setting and Assessment Hearing for Old Highway 8 Improvements. The Public Hearing is to be September 28, 1998 at 7:05 p.m., in the Mounds View City Hall Council Chambers. uNAPPROVED Page 4 August 24, 1998 Mounds View City Council E. Set a Public Hearing for 7:05 p.m., September 14, 1998,to Consider Resolution No. 5263, a Resolution Considering a Conditional Use Permit for an oversized garage at 2185 Pinewood Drive as requested by Tammy Bellamy. F. Set a Public Hearing for 7:10 p.m., September 14, 1998, to Consider Resolution No. 5264, a Resolution Approving a Conditional Use Permit for an oversized garage at 2442 Hillview Road as requested by David Kramer. MOTION/SECOND: Koopmeiner/Gunn to approve the Consent Agenda as published. VOTE: Ayes - 5 Nays - 0 Motion carried Mayor McCarty told the Council and the attending audience that due to a last minute illness of the Video transmitting crew,the evenings meeting would not be televised on the cable access channel. 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR William Frits, 8072 Long Lake Road, asked for updates on the following items: 1. Traffic controls at Xzylite Street and County Road J Ulrich stated the controlled intersection has been approved by Anoka County. Mounds View, SYSCO FOODS, the City of Blaine,Anoka County and Ramsey County will be sharing the cost of the intersection improvements. 2. Airport Road McCarty told Mr. Frits that there had been a Resolution adopted between the City of Blaine and the City of Mounds View, allowing Mounds View to have that section of the road removed, if there were traffic problems, and Blaine would not fight the action. The resolution is defective because it did not include the other parties that have an interest in the intersection; Anoka County, Ramsey County, and the State of Minnesota. Roads that are installed with MSA funds are difficult to remove, McCarty added. The Mayor told Frits that he would follow up on the requested information and personally call him with the results of this inquiry. It was noted for the record that Mr. Frits was opposed to signalization of the intersection in question. 3. Term Limits for City held offices Page 5 UNAPPROVED August 24, 1998 Mounds View City Council McCarty stated the Minnesota State Supreme Court has ruled that Term Limits are unconstitutional. 4. The Mounds View Community Center Mr. Frits complained about the Community Center saying it was a"white elephant" that is draining the City's taxes. He asked when the facility would be open and useful for the City. McCarty stated it was planned for the Community Center to be open for use by November of this year. To help defray the costs of operating the facility the Community Center has leased space to The Children's Home Society and the School District. 5. Tax Increment Financing McCarty stated, "TIF is a tool that the State Legislature put in place years ago to try and enhance and encourage our(The State's) economic base, and in particular our commercial and industrial base." The money cannot be used for general administrative functions of the city. Mr. Frits stated he was opposed to TIF because it did not do the City any obvious good. 7. COUNCIL BUSINESS A. Consideration of Resolution No. 5262, a Resolution Approving a Development Review Requested by SYSCO Foods to expand their Food Distribution and Warehouse Facility Located at 2400 County Road J. Ericson gave his report as follows: SYSCO Foods had requested a development review for a proposed 106, 000 square foot expansion that includes more employee parking, more truck parking, more freezer space, more dry goods space, and more administrative office space. Staffs main concern is the zero set back that has been requested for the driveway on the east side of the facility which boards wetland area currently owned by the City of Mounds View. SYSCO Foods has indicated that widening the current driveway from its current condition to the maximum allowable, under the PUD that was approved when the SYSCO facility was first approved, was needed to maintain an orderly and safe traffic flow scenario for current and future needs. The Planning Commission has reviewed and gave the City Council its recommendation for Page 6 UNAPPROVED August 24, 1998 Mounds View City Council approval of the Development Review. No letters of opposition to the project had been received by the City. McCarty asked Ericson to tell the Council specifically what they would be approving or disapproving under this Development Review. Ericson told the Council they would be approving setbacks,the building itself, landscape and architectural criteria. No action would be taken on the use itself But, rather,the site plan is being considered as to whether it meets the zoning criteria. MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5262, a Resolution Approving a Development Review Requested by SYSCO Foods to expand their Food Distribution and Warehouse Facility Located at 2400 County Road J. VOTE: Ayes - 5 Nays - 0 Motion carried B. Consider Resolution No. 5259, Retaining Financial Management, Inc., as the City's Financial Advisory Consultant. MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5259 Retaining Public Financial Management, Inc., as the City's Financial Advisory Consultant. Stigney stated by approving the use of Financial Management Inc., as the City's financial advisory consultant it appeared as if the Mermaid Project was going ahead "full tilt", going out for bonding of$1.7 million. If this occurred it also would mean that the City would incur the $550,000 cost in relocating the Rent All business located on the corner of County Road H and Highway 10. He stated the citizens of Mounds View are not aware of these developments. Because of this fact, Stigney suggested holding off on approving Resolution No. 5259. McCarty stated the Resolution recognized assignment of a financial management firm for the City. There was no reference to the Mermaid or any other project. The Resolution sets forth fee schedules to be applied to the retaining of the financial management firm. Stigney stated there is no need to go out and ask an outside consultant to come in and look at, and start paying him to do this issue, if they City is only considering the bonding issue. McCarty reiterated the fact that the City is not authorizing the financial manager to do any project. It assigns, it authorizes staff to deal with a specific firm as the City's financial advisor, it does nothing more. The Mayor asked Stigney to stop pandering to the unfounded fears of the 1 4, g 4'. nS ;' Y y } s. Page 7 i V ' a .. a August 24, 1998 Mounds View City Council public who don't have the information before them as the Council does. "There is nothing in the Resolution that binds the City to any project," he added. Stigney stated that by approving the Resolution,the City would be presupposing that the Mermaid Project was going to happen, and it is asking that the City pay $4,500 to have the financial consultant review this process. Stigney added, if the consultant can get the City better bonding rates, he would be all for it. But if the Resolution is tied into the Mermaid Project, the residents should be given the chance to voice their opinions on the issue. McCarty read Resolution No. 5259 into the record. VOTE: Ayes - 4 Nays - 1(Stigney) Motion carried C. Consideration of City Hall Renovation Bids Michael Cox, Wold Architects, gave his report as follows: Bids for the Construction and Renovation of the City Hall were received and opened August 20, 1998. The renovation work will include: 1. Replacement of the roof-mounted ventilation and air conditioning units 2. Reroofing 3. Water proofing the lower level 4. Tuck-pointing and other miscellaneous repairs Eleven bids were received. The low bid, which came in lower than the budget, was from Ebert Construction of Corcoran Minnesota. Their bid amount was $204,600. The contractor has submitted letters of reference and Wold was recommending that the City enter into a contract with the low bidder. Stigney asked for clarification in fire protection figures as stated in the bid. Cox stated one option had more fire protection than in the other. He added that the overall project cost of$315,000 included contingencies for unknowns, payments for fees, and testing. Ebert's low bid would lower this amount because their bid was low than the budgeted amount. Stigney stated concerns about approving $30,000 to do water proofing in the basement. McCarty stated that all of the items listed in the schedule for correction are items that the full Council approved after a very lengthy process of finding out exactly what work had to be done Page 8 n, August 24, 1998 Mounds View City Council on the City Hall facility. All the projects were preapproved and the vote on the issue would approve the dollar amount. Stigney asked what funding mechanism would be use on the project. McCarty stated staff has recommended that the funds come from the City's reserve account. Attorney Long recommended that the motion be conditioned upon review by the City Attorney for essentially four things: 1. Proper Insurance 2. Bonding 3. Outstanding legal claims or liabilities 4. Prevailing wage issue MOTION/SECOND: Quick/Koopmeiners to approve awarding of the City Hall Renovation Bid to Ebert Construction with the stipulations as stated. VOTE: Ayes - 4 Nays - 1(Stigney) Motion carried D. Status Report and Approval of Resolution No. 5260, Authorizing City Staff and Consultants to Proceed with Development Agreement and Other Actions Concerning the Mermaid Hotel and Banquet Center. Jopke gave his report as follows: Staff has developed a draft development agreement that has been put together by Briggs and • Morgan. This basic "boiler plate agreement" is a list of items that should be included in the development agreement for the project. A preliminary work schedule of things that would need to be accomplished in order to keep the project on schedule was included for the Council's consideration. Land appraisals have been made and a projected relocation budget has been established for the moving of the Rent All business that is located on the corner of County Road H and Highway 10. Permission is being sought from the Council for staff to proceed with the negotiations to purchase the rental facility property. The Resolution was summarized as follows: 1. Get permission to negotiate a final development agreement with the developer 2. Get permission to negotiate an option and purchase agreement for the rental facility property Page 9 NAPPR VE D August 24, 1998 Mounds View City Council 3. Get permission to put together an application with the Department of Trade and Economic Development for grant funds 4. Get permission to continue discussion with Metropolitan Transit for a transit hub/park n' ride facility John Siepert, speaking on behalf of the developer, reviewed for the Council the ownership structure that would be put into place for the proposed Mermaid Project. It was stated there would be two different owners involved in the project. One would be the owner of the hotel complex, Mr. Hall (80 percent) and JCS Development(20 percent). The other would be the owner of the banquet facility, Mr. Hall exclusively. JCS Development will be the developer of the hotel portion of the project. The financial lenders have showed great interest in the project but no firm financial package had been put together at the time of this meeting. Carroll gave his report as follows: A discussion has been initiated with Metro Transit in regards to the possible development of a Park& Ride facility to be located on the expanded Mermaid site, most likely at the corner of County Road H and Highway 10. The current Park& Ride facility located on the east side of County road H is at or near capacity. As a result, Metro Transit has targeted the Mounds View area for a new Park&Ride location, and plans have been underway to improve and begin using a parking lot on the arsenal property in Arden Hills. The deciding factor as to which site will ultimately be used is where Metro Transit can get the most parking spaces the most quickly at the lowest cost for the longest guaranteed period of time. Jopke told the Council that the Planning Commission actions regarding the Mermaid project could be during the month of October and November. McCarty stated he would feel more comfortable with the schedule if the planning Commission was include prior to the September 28 date, which financially speaking, is the date the City Council is being asked to commit the City to the project. Mr. Siepert, stated he did not for see any problems from the Planning Commission because the property is already properly zoned. The Rice Creek Watershed District has to give its approval for the project and this is scheduled for preliminary approval on September 25. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5260, a Resolution Authorizing City Staff and consultants to Proceed with a Development Agreement and Other Actions Concerning the Mermaid Hotel and Banquet Facility. Stigney stated opposition to the Resolution without first getting reaction from the City's residents. He also stated his objection to making a Park&Ride as the gateway to the City of UNAPPR Page 10 OVED August 24, 1998 Mounds View City Council Mounds View. The project would also take TIF funds away from the Highway 10 Corridor Development. McCarty stated the EDC, which Stigney is a member,had recommended the project, in concept, on a unanimous vote. No commitments are being made tonight. The City Council is authorizing the City staff to continue to work with the developer in searching out answers to questions that are before the Council and the developer, he added. McCarty stated the developer pays for staff time through the application fees. Stigney stated, "The cooperative effort that is being proposed is for the City to solely purchase and be responsible for the Rent All property, and this is being asked without any input from the City's citizens as to whether they wish to do that or not." McCarty stated there is not "gift" from the City in regards to purchasing any properties that would be involved in this project. Financing for the project would come from three components: 1. Private development funds 2. Bonding,to be paid back with future revenues from the project 3. TIF (Rent All property) No dollars will come from the advalorum tax levy. The entire project would be paid for with tax increments. Stigney reiterated the funds would be coming from the TIF pool that could be used for the Highway 10 Corridor Development. "The City residents should be clued in as to what this project is," he restated. VOTE: Ayes - 4 Nays - 1(Stigney) Motion carried 8. REPORTS Quick No Report Koopmeiners No Report Gunn No Report Stigney No Report Ulrich No Report Mayor McCarty No Report Attorney Long gave the following report: Page 11 F,x ti �p August 24, 1998 1 '( „);% a LL MoundsView City Council The Action in process against the Metropolitan Airports Commission(MAC) has been filed and • is scheduled for a hearing on September 23, 1998. Met Council has agreed to the City's request to lay over consideration of the plan until October 8, 1998. The decision from MAC will be made prior to this October 8, 1998 date. 9. Next Council Work Session: Tuesday, September 8 - 6:00 p.m. Next Council Meeting: September 14, 1998 - 7:00 p.m. Special Work Session: August 31, 1999 - 6:00 p.m. 10. ADJOURNMENT MOTION/SECOND: Koopmeiners/Stigney to adjourn the meeting. VOTE: Ayes - 5 Nays - 0 Motion carried The meeting was adjourned at 8:25 p.m. Respectfully submitted, • kollt(r-4-01/4y4, Dave Hix Recorder ApPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting August 10, 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 August 10, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Quick, Koopmeiners, and Stigney. ALSO PRESENT: Mike Ulrich, Acting Clerk Administrator; Can Schmidt, Assistant to the City Administrator; Jim Ericson, Planning Associate, Karen Cole, City Attorney; and Dave Hix, Recording Secretary. 3. APPROVAL OF MINUTES A. July 27, 1998 City Council Minutes MOTION/SECOND: Gunn/Stigney to approve the July 27, 1998 City Council Minutes as submitted. VOTE: Ayes - 5 Nays - 0 Motion carried 4. SPECIAL ORDER OF BUSINESS No Special Order of Business was considered. 5. CONSENT AGENDA A. Approve Just and Correct Claims B. Approval of Contractor Licenses C. Approval of Planning Commission Meeting Minutes -June 3, and June 17, 1998. D. Approval of Resolution No. 5258, Approving the First Amendment to Developers Agreement between the City and MSP Real Estate, Inc. and Mounds View Family Page 2 APPROVED August 10, 1998 Mounds View City Council Housing, LLC. MOTION/SECOND: Koopmeiners/Quick to approve the Consent Agenda as submitted. VOTE: Ayes - 5 Nays - 0 Motion carried. Stigney requested that his vote on the previous motion be changed because he was under the assumption that Item 5D of the Consent Agenda was going to be opened for discussion. He added he was not in favor of adopting the Resolution in the work session so he didn't want to be a party to approving an amendment. MOTION/SECOND: Stigney/McCarty to reconsider Item 5D of the Consent Agenda. VOTE: Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Koopmeiners to approve Resolution 5258, a resolution approving the First Amendment to Developers Agreement between the City and MSP Real Estate, Inc. and Mounds View Family Housing, LLC. Mayor McCarty opened the floor for discussion of Resolution 5258. Stigney stated he did not agree or vote in favor of the original development agreement. In light of this fact, he stated it would not make sense for him to vote in favor of the Amendment to the Agreement. McCarty clarified the Resolution for the viewing audience stating that the Resolution approved a standard administrative change of principles to the contract. The details of the change had been discussed at a previous City Council Work Session. VOTE: Ayes - 4 Nays - 1(Stigney) Motion carried. 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR No resident requests or comments were considered. 7. COUNCIL BUSINESS A. Consideration of Resolution No. 5257, a resolution approving the City's New Organization Chart. Schmidt told the Council that the only changes that had been made since discussion of the issue Page 3 APPROVED August 10, 1998 Mounds View City Council at the Council work session were. 1. Cable is now located in Administration 2. The two new positions of Economic Development Coordinator and Assistant to the City Administrator are now reflected on the Chart. 3. Title changes: A. Department Secretary - changed to Administrative Assistant B. The Billing and Utility Clerk- changed to Personnel or HR Tech C. Administrative Secretary - changed to Office Communications Coordinator Schmidt stated that none of the position changes carried promotions or any changes in the actual job duties. These changes are just title changes to reflect more accurately what the individual job entails. MOTION/SECOND: Gunn/Koopmeiners to approve Resolution 5257, a resolution approving the City's New Organization Chart. McCarty opened the floor for discussion of the motion. Stigney stated the organizational chart was not in a functional order. The Billing Clerk, which had been under the Financial Department for years, is now located under the City Administrator and the title is being changed to Human Resource Technician but the duties will remain the same. Stigney suggested leaving the title as is and leaving the position as a responsibility of the Finance Department. A job description of the Human Resource Duties of the Assistant Administrator was read into the record. Stigney stated he also had concerns about retitling the secretaries to positions such as Communication Coordinator because the new job titles would eventually bring higher salaries to a budget that has not taken these potential higher salaries into account. Stigney told the Council he was in favor of tabling the motion in order to wait for the Stanton Survey and Hay Study. McCarty stated the job titles were only changed to reflect the duties that the particular positions were performing. There is no extraordinary salary consideration that goes with the title change, he added. The actual duties performed is what will impact the position's pay range according to the Stanton Survey and the Hay Study. Schmidt stated that none of the affected jobs have had an increase in the work that they are performing. APPROVED Page 4 August 10, 1998 Mounds View City Council MOTION/SECOND: Stigney/ to table the motion until the Stanton Survey and Hay Study are completed to see what impact these evaluations will have on the affected salaries. Motion failed because it was ruled out of order. Quick stated a position's salary was based on the number of points that the Stanton Survey and Hay Study gave the position's duties and not on what the job position is called. • McCarty stated that the Organization Chart was an administrative matter recommended to the Council by the City Administrator and the Council would be erroneously micro managing the City's business if it was not to approve the recommendation, he added. MOTION/SECOND: Koopmeiners/Quick to call the question. McCarty called Stigney out of order. VOTE: Ayes - 4 Nays - 1(Stigney) Motion carried McCarty called Stigney out of order again. Stigney called for a point of clarification on his motion to table. McCarty stated the motion died due to a lack of a second. McCarty called for the vote on Resolution 5257. VOTE: Ayes - 4 Nays - 1(Stigney) Motion carried B. Consideration of Community Center Interior Furnishing Bids. Ulrich gave his report as follows: Bids were opened on Friday August 7, 1998. Four bids were received with the Design Wise bid being disqualified because their bid was incomplete. Staff is recommending accepting the low bid submitted by Corporate Express at$92,574.96, including bid alternate A. MOTION/SECOND: Quick/Koopmeiner to accept staffs recommendation to award the Interior Furnishings Contract to Corporate Express for a total, not to exceed, $92, 574.96 including bid alternate A. Page 5 APPROVED August 10, 1998 Mounds View City Council VOTE: Ayes - 5 Nays - 0 Motion carried. Ulrich told the Council the contract would be funded out of the total Community Center Building Fund. The furnishings for the multi-purpose room are an additional expense but it is anticipated that the total interior furnishings contract will be within the Community Center's overall budget. 8. REPORTS Quick told the Council that he had attended the open house for the fire training center. The facility had numerous training stations and will be a great aid in the training of the City's fire fighters. Council Member Koopmeiners No Report Council Member Gunn told the Council that she had attended the grand opening of the new Holidaystation Store. She reported the facility is very nice and the owners had expressed their excitement in being part of Mounds View's business community. Council Member Stigney stated, because of a parking lot car accident,he had an opportunity to meet Mounds View Police Officer Dave Anderson. Stigney stated that if all of Mounds View's Police Officers are as professional as Officer Anderson,the City is well represented. Acting City Administrator Ulrich No Report City Attorney Cole No Report Mayor McCarty No Report MOTION/SECOND: Koopmeiners/Stigney to adjourn to the Closed Session. VOTE: Ayes - 5 Nays - 0 Motion carried Recess to CLOSED SESSION - 7:35 p.m. Back on the record - 7:50 p.m. 9. OTHER BUSINESS A. Golf Course Lawsuit APPROvED Page 6 August 10, 1998 Mounds View City Council MOTION/SECOND: Quick/Koopmeiners to approve a Mutual Release of Claims Document on the Golf Course Litigation. VOTE: Ayes - 5 Nays - 0 Motion carried. B. Next Council Meeting - August 24, 1998 - 7:00 p.m. Special Work session- August 31, 1998 - 6:00 p.m. Next Regular Council Work Session- Tuesday, September 8, 1998 - 6:00 p.m. 10. ADJOURNMENT MOTION/SECOND: Quick/Koopmeiners to adjourn the meeting. VOTE: Ayes - 5 Nays - 0 Motion carried The meeting was adjourned at 7:52 p.m. Respectfully submitted, aIA-6 61.V/j4A-- Dave Hix Recorder J CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS,the City Council of Mounds View, pursuant to Minnesota Statutes 412.241, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 11415 . through 11430 in the amount of $ 39.573.03 11431 through 11600 in the amount of $ 171.941.33 AMOUNT OF CLAIMS PRESENTED $ 211.51436 and Chas 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 09/15/98 by the vote ayes nayes Mayor Clerk-Administrator Date: 09/11/1998 Time: 09:07:52 City of Mounds View Operator: Marge Norquist Page: 1 FM Entry - Invoice Cash Disbursement Journal Ranges: Journal #: (A) Transaction #: (A) Check Date: (A) Check#: (L) 11415, 11416, 11417, 11418, 11419, 11420, 11421, 11422, 11423, 11424, 11425, 11426, 11427, 11428, 11429, 11430, 11430, 911429 Bank#: (A) Options: # of copies: 1 Void Checks: N Page on Check: N Check # Vendor Name Check Date Type Jrnl# Trans Account # Title Description Amount Invoice Check 11415 MnAPA 08/26/1998 R 341 1 100-4180-3630 Training & conferences Conference Registration 100.00 Invoice Total: 100.00 100.00 11416 U. S. Postal Service 08/26/1998 R 341 2 100-4160-3300 Postage Postage - Account #14008239 2,000.00 Invoice Total: 2,000.00 " 2,000.00 11417 ICMA Retirement Trust - 457 08/27/1998 R 344 1 100-2012 PERA payable ICMA for 08/27/98 154.24 100-2013 Deferred comp payable ICMA for 08/27/98 4,786.08 Invoice 082798 Total: 4,940.32 4,940.32 11418 Minnesota Benefit Association 08/27/1998 R 344 4 100-2006 Misc. payroll withholdings MN Benefits for August 135.08 Invoice 082798 Total: 135.08 135.08 11419 Minnesota Mutual 08/27/1998 R 344 3 100-2013 Deferred comp payable MN Mutual for 08/27/98 307.69 Invoice 082798 Total: 307.69 307.69 11420 MINNESOTA STATE RETIREMENT SYS 08/27/1998 R 344 2 100-2013 Deferred comp payable MN Retirement for 08/27/98 100.00 Invoice 082798 Total: 100.00 100.00 11421 Public Employees Insurance Pro 08/27/1998 R 344 5 100-2014 Accrued insurance payable Health Ins. for September 16,611.72 100-4200-0400 Health insurance - employer Health Ins. for September 156.23 Invoice 082798 Total: 16,767.95 16,767.95 11422 Public Employees Retirement As 08/27/1998 R 344 6 100-2012 PERA payable Defined Contr. for August 112.50 Invoice 082798 Total: 112.50 112.50 11423 Public Employees Retirement As 08/27/1998 R 344 7 100-2012 PERA payable PERA for 08/27/98 11,092.67 210-2012 PERA payable PERA for 08/27/98 68.46 230-2012 PERA payable PERA for 08/27/98 24.62 240-2012 PERA payable PERA for 08/27/98 6.52 250-2012 PERA payable PERA for 08/27/98 102.64 700-2012 PERA payable PERA for 08/27/98 348.40 Date: 09/11/1998 Time: 09:07:54 City of Mounds View Operator: Marge Norquist Page: 2 FM Entry - Invoice Cash Disbursement Journal :heck # Vendor Name Check Date Type Jrnl# Trans Account # Title Description Amount Invoice Check 730-2012 PERA payable PERA for 08/27/98 882.34 750-2012 PERA payable PERA for 08/27/98 742.18 Invoice 082798 Total: 13,267.83 13,267.83 11424 Ramsey County Child Support 08/27/1998 R 344 8 100-2006 Misc. payroll withholdings Child Support for 08/27/98 690.90 Invoice 082798 Total: 690.90 690.90 11425 Western Bank 08/27/1998 R 344 9 100-2006 Misc. payroll withholdings Savings for 08/27/98 120.00 Invoice 082798 Total: 120.00 120.00 11426 John Hammerschmidt 08/31/1998 R 360 3 750-4901-1210 Supplies, building & grounds Golf Balls for Common Man Promo 335.76 750-4901-3420 Advertising Paid to Dan Cole 300.00 Invoice Total: 635.76 635.76 11427 North Metro Mayors Assn. 08/31/1998 R 360 2 100-4130-3630 Training & conferences Golf Tournament 25.00 - Invoice Total: 25.00 25.00 11428 Premier Upholstery, Inc. 08/31/1998 R 360 1 100-4462-5120 Repairs, vehicles Repair & recover headliner 95.00 Invoice 22060 Total: 95.00 95.00 11429 Fall Maintenance Expo 09/01/1998 R 366 1 100-4472-3630 Training & conferences Roadeo Registration 30.00 730-4823-3630 Training & conferences Roadeo Registration 15.00 730-4823-3630 Training & conferences Roadeo Registration 30.00 Invoice Total: 75.00 75.00 11430 Tim Evans 09/03/1998 R 372 1 100-4360-1220 Supplies, vehicles Garage Door Openers 40.00 100-4460-1230 Supplies, equipment Garage Door Openers 60.00 245-4417-1230 Supplies, equipment Garage Door Openers 20.00 700-4823-1230 Supplies, equipment Garage Door Openers 40.00 730-4823-1230 Supplies, equipment Garage Door Openers 40.00 Invoice Total: 200.00 200.00 39,573.03* Date: 09/11/1998_ Time: 09:12:39 City of Mounds View Operator: Marge Norquist Page: 3 FM Entry - Invoice Cash Disbursement Journal Account # Description Debit Credit Recap Totals: 100-1010 Cash - Pooled 36,617.11 100-2006 Misc. payroll withholdings 945.98 100-2012 PERA payable 11,359.41 100-2013 Deferred comp payable 5,193.77 100-2014 Accrued insurance payable 16,611.72 100-4130-3630 Training & conferences 25.00 100-4160-3300 Postage 2,000.00 100-4180-3630 Training & conferences 100.00 100-4200-0400 Health insurance - employer contribution 156.23 100-4360-1220 Supplies, vehicles 40.00 100-4460-1230 Supplies, equipment 60.00 100-4462-5120 Repairs, vehicles 95.00 100-4472-3630 Training & conferences 30.00 Totals: 36,617.11* 36,617.11* 210-1010 Cash - Pooled 68.46 210-2012 PERA payable 68.46 Totals: 68.46* 68.46* 230-1010 Cash - Pooled 24.62 230-2012 PERA payable 24.62 Totals: 24.62* 24.62* 240-1010 Cash - Pooled 6.52 240-2012 PERA payable 6.52 Totals: 6.52* 6.52* 245-1010 Cash - Pooled 20.00 245-4417-1230 Supplies, equipment 20.00 Totals: 20.00* 20.00* 250-1010 Cash - Pooled 102.64 250-2012 PERA payable 102.64 Totals: 102.64* 102.64* 700-1010 Cash - Pooled 388.40 700-2012 PERA payable 348.40 700-4823-1230 Supplies, equipment 40.00 Totals: 388.40* 388.40* 730-1010 Cash - Pooled 967.34 730-2012 PERA payable 882.34 730-4823-1230 Supplies, equipment 40.00 730-4823-3630 Training & conferences 45.00 Totals: 967.34* 967.34* 750-1010 Cash - Pooled 1,377.94 750-2012 PERA payable 742.18 750-4901-1210 Supplies, building & grounds 335.76 750-4901-3420 Advertising 300.00 Totals: 1,377.94* 1,377.94* Grand Totals: 39,573.03* 39,573.03* Date: 09/11/1998 Time: 09:12:39 City of Mounds View Operator: Marge Norquist Page: 4 FM Entry - Invoice Cash Disbursement Journal Account # Description Debit Credit Control Acct: 100-2450 Expenditure Summary 2,506.23 245-2450 Expenditure Summary 20.00 700-2450 Expenditure Summary 40.00 730-2450 Expenditure Summary 85.00 750-2450 Expenditure Summary 635.76 Grand Totals: 3,286.99* .00* Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norguist 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 #: (L) 342, 345, 361, 367, 373, 380, 383, 384 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) aptions: 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 :heck # Vendor Alpha Name Description All Amount 11460 A T & T Long Distance 4130 2.22 Total for Vndr A T & T 2.22* 11461 A T & T Wireless State Display Service 4415 59.01 Total for Vndr A T & T Wireless 59.01* 11462 Action Press, Inc. Fall Clean Up Day Brochu 4420 1,385.68 Total for Vndr Action Press, In 1,385.68* 11463 Airtouci 201-2559 4823 29.07 11463 Airtouch 202-4548 4901 44.45 11463 Airtouch 581-4716 4901 64.23 11463 Airtouch 799-2586 4823 83.48 11463 Airtouch 799-2587 4360 24.80 11463 Airtouch 799-2590 4160 32.68 11463 Airtouch 799-4020 4180 8.57 11463 Airtouch Police Cell Phones 4200 107.13 Total for Vndr Airtouch 394.41* 11464 All City Elevator, Inc Bi-monthly elevator sery 4160 68.00 Total for Vndr All City Elevato 68.00* 11467 American Office Produc Poly Bags,Dispenser,Bind 4160 127.65 Total for Vndr American Office 127.65* 11466 AmeriPride Linen & App Floor Mats 4160 213.58 Total for Vndr AmeriPride Linen 213.58* 11465 Anchor Paper Co. Aspen Xerographic Paper 4160 1,171.50 Total for Vndr Anchor Paper Co. 1,171.50* 11468 Associates Commercial Lease Payment 4901 1,693.82 Total for Vndr Associates Comme 1,693.82* 11469 Bacon's Electric Repair Pump Starter-Well 4823 226.65 Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Bacon's Electric 226.65* 11470 Batteries Plus 4465 -5.33 11470 Batteries Plus Battery 4200 18.52 11470 Batteries Plus DTA7 Battery 4465 66.02 • Total for Vndr Batteries Plus 79.21* 11471 Beisswengers 4360 -78.79 11471 Beisswengers Alum. Sheet, Metal Screw 4901 9.72 11471 Beisswengers Cane Bolt, Thread Rod 4900 17.22 11471 Beisawengers Chip Brushes, Brown Spra 4823 19.70 11471 Beisawengers Deck Scr.,Blade 4900 24.54 11471 Beisswengers Flat Washer, Carriage Bo 4823 33.85 11471 Beisawengers Fluor.Lamps, Knife,Pins 4901 79.48 11471 Beisswengers Gas Valve, Brass Nipple 4823 9.13 11471 Beisawengers Hardware 4465 1.87 11471 Beisswengers Roller Cover 4470 6.16 11471 Beisswengers Romex Conn.,J Bolts, Cha 4823 3.98 11471 Beisswengers Snap Bolts 4900 17.19 11471 Beisswengers Spark Plugs, Bolt Cutter 4900 37.22 11471 Beisswengers Thread Rod, Double Cut K 4900 17.56 Total for Vndr Beisswengers 198.83* 11472 Bob's Personal Coffee Coffee 4160 52.14 Total for Vndr Bob's Personal C 52.14* 11456 Brian Larson Class Refund 40.00 Total for Vndr Brian Larson 40.00* 11474 Broadway Rental Equipm Boom Lift, trailer rents 4900 301.19 11474 Broadway Rental Equipm Chipper Rental 4900 587.94 Total for Vndr Broadway Rental 889.13* 11476 Capitol Beverage Sales Beverages 4900 280.80 Total for Vndr Capitol Beverage 280.80* 11477 Carlson Tractor & Equi Switch Oil 4465 19.51 Total for Vndr Carlson Tractor 19.51* 11478 Cellular Sales & Servi Charging Car Cord 4200 21.30 Total for Vndr Cellular Sales & 21.30* 11479 Central Data Supply Co Laze HP4/4 92298A 4160 261.70 Total for Vndr Central Data Sup 261.70* 11480 Coffee Inn of Minnesot Coffee 4901 142.80 Total for Vndr Coffee Inn of Mi 142.80* 11481 Community Partners, In MV97-4 Hotel Project 1,114.90 Total for Vndr Community Partne 1,114.90* Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11482 Computer Management Se Cash Receipting CD ROM 4150 9.22 11482 Computer Management Se Receipt/Validation Print 4820 592.72 Total for Vndr Computer Managem 601.94* 11483 Cottens, Inc. 4462 -52.23 11483 Cottens, Inc. Battery 4900 76.14 11483 Cottens, Inc. Filters, Spark Plugs, An 4900 71.66 Total for Vndr Cottens, Inc. 95.57* 11455 Dale Aukee Class Refund 40.00 Total for Vndr Dale Aukee 40.00* 11454 David Anderson P.O.S.T. License Reimbur 4200 45.00 Total for Vndr David Anderson 45.00* 11503 David Hix' Recording 8/10/98 Counci 4100 56.00 .. 11503 David Hix Recording 8/19/98 Planni 4180 75.00 11503 David Hix • Recording Council Mtg.8/ 4100 81.25 Total for Vndr David Hix 212.25* 11484 David-Geoffrey & Assoc Golf Merchandise 4901 205.00 Total for Vndr David-Geoffrey & 205.00* 11445 Deborah Clarke Overpayment of Adm. 0ff 10.00 Total for Vndr Deborah Clarke 10.00* 11485 Department of Agricult Food Handler License 4901 76.00 Total for Vndr Department of Ag 76.00* 11486 Doug's T V, Appliance Equipment repair 4350 77.22 Total for Vndr Doug's T V, Appl 77.22* 11487 E-Z Go Textron Air Filter, Generator Be 4900 28.05 Total for Vndr E-Z Go Textron 28.05* 11488 East Side Beverages Beverages 4901 631.25 Total for Vndr East Side Bevera 631.25* 11489 Elan Financial Service ICMA Annual Conference 4130 472.49 11489 Elan Financial Service Office Depot, Chamber Lu 4160 259.90 Total for Vndr Elan Financial S 732.39* 11490 Evergreen Land Service Relocation Specialist 4470 22.50 Total for Vndr Evergreen Land S 22.50* 11491 Executone Maintenance Agreement 4160 489.00 Total for Vndr Executone 489.00* 11492 Fedors Market Groceries 4160 53.10 11492 Fedors Market Icies 4351 5.46 Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11492 Fedora Market Paper Plates 4351 5.00 Total for Vndr Fedora Market 63.56* 11493 Firstar Trust Co. Bonds 4820 230.72 Total for Vndr Firstar Trust Co 230.72* 11494 Fricke & Sons 4472 -24.00 11494 Fricke & Sons Sod 4472 238.70 Total for Vndr Fricke & Sons 214.70* 11495 Fridley, City of 3048 Bronson Dr. NE 4823 30.00 11495 Fridley, City of 7325 Pleasant View Dr.NE 4823 30.00 11495 Fridley, City of 7365 Pleasant View Dr.NE 4823 30.00 11495 Fridley, City of 7375 Pleasant View Dr.NE 4823 30.00 11495 Fridley, City of 7385 Pleasant View Dr.NE 4823 30.00 11495 Fridley, City of 7415 Pleasant View Dr.NE 4823 30.00 11495 Fridley, City of 7425 Pleasant View Dr. N 4823 30.00 11495 Fridley, City of 7447 Pleasant View Dr. N 4823 30.00 11495 Fridley, City of 7457 Pleasant View Dr. N 4823 30.00 11495 Fridley, City of 7545 Pleasant View Dr. N 4823 89.31 11495 Fridley, City of 7555 Pleasant View Dr. N 4823 61.31 11495 Fridley, City of 7581 Pleasant View Dr. N 4823 49.81 11495 Fridley, City of 7611 Pleasant View Dr. N 4823 54.81 Total for Vndr Fridley, City of 525.24* 11496 G C I Systems Printer repair 4160 40.00 Total for Vndr G C I Systems 40.00* 11497 Gillund Enterprises Stop Leak,Carb Cleaner,B 4465 245.77 Total for Vndr Gillund Enterpri 245.77* 11498 Goodin Company Plumbing Supplies 4823 24.82 Total for Vndr Goodin Company 24.82* 11499 Government Training Se Building Code Seminar 4180 30.00 Total for Vndr Government Train 30.00* 11501 Hawkins Water Treatmen Chemicals 4825 1,980.79 Total for Vndr Hawkins Water Tr 1,980.79* 11431 Health Partners Dental Ins for September 4825 1,161.00 Total for Vndr Health Partners 1,161.00* 11502 Hisdahl, Inc. Hole-in-One Awards 4901 84.50 Total for Vndr Hisdahl, Inc. 84.50* 11504 Hughes & Costello Prosecution Statement fo 4200 3,500.00 Total for Vndr Hughes & Costell 3,500.00* 11505 Hydraulic Specialty Co Junction Block, Coupling 4472 1,304.76 Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills :heck # Vendor Alpha Name Description All Amount Total for Vndr Hydraulic Specia 1,304.76* 11432 ICMA Retirement Trust ICMA for 09/10/98 3,840.32 Total for Vndr ICMA Retirement 3,840.32* 11506 Independent Delivery S Shipment to Parks & Rec. 4160 267.85 Total for Vndr Independent Deli 267.85* 11507 Industrial Door Co. Door Repair-Public Works 4460 746.44 Total for Vndr Industrial Door 746.44* 11508 Inside Corner Umpires Umpire service 4352 962.50 • Total for Vndr Inside Corner Um 962.50* 11459 Jodi A. Lang Tree removal reimburseme 4380 250.00 Total for Vndr Jodi A. Lang 250.00* 11509 Johnson's Hitches & We 1 Hitch installed 4200 85.00 Total for Vndr Johnson's Hitche 85.00* 11510 Kar Products Pick-up Tool, Rethreadin 4460 112.43 Total for Vndr Kar Products 112.43* 11450 Keith Czarnecki P.O.S.T. License Reimbur 4200 45.00 Total for Vndr Keith Czarnecki 45.00* 11511 Kennedy & Graven 6991 Pleasant View Dr.pu 4650 356.50 11511 Kennedy & Graven Community Center Project 4650 3,525.39 11511 Kennedy & Graven Mermaid project 4650 400.00 Total for Vndr Kennedy & Graven 4,281.89* 11512 Knox Commercial Credit Driveway Sealer, Brush 4470 16.27 11512 Knox Commercial Credit Stud Gage,Level,Extensio 4470 78.86 Total for Vndr Knox Commercial 95.13* 11446 Larry Roth Meter Refund 40.00 Total for Vndr Larry Roth 40.00* 11433 Law Enforcement Labor Union Dues for September 462.00 Total for Vndr Law Enforcement 462.00* 11514 League of Minnesota Ci Insurance Premium 23,589.75 11513 League of Minnesota Ci Workers Comp.-Dazenski 4360 104.41 11513 League of Minnesota Ci Workers Comp.-Meyer 4200 33.00 Total for Vndr League of Minnes 23,727.16* 11444 Lee Stauffacher Class Refund 120.00 Total for Vndr Lee Stauffacher 120.00* 11515 Lesco, Inc. Fertilizer 4900 120.66 Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Lesco, Inc. 120.66* 11475 Luann Burger Dance Class Instructor 4351 459.00 11475 Luann Burger Dance Classes 4351 51.00 Total for Vndr Luann Burger 510.00* 11517 M R Sign Signs 4475 460.20 Total for Vndr M R Sign 460.20* 11518 M.T.I. Distributing Co 4900 -15.98 11518 M.T.I. Distributing Co Clamp Assy., Blade 4900 102.26 11518 M.T.I. Distributing Co Hole Cutter, ProII Scal. 4900 167.21 11518 M.T.I. Distributing Co Rod End Ball, Idler, Idl 4900 94.55 11518 M.T.I. Distributing Co Tire Std.Pront 4900 98.58 11518 M.T.Z. Distributing Co Wedge Tee Markers 4900 234.62 Total for Vndr M.T.I. Distribut 681.24* 11519 MacQueen Equipment, In Gutte Brooms, Tuft Broom 4417 547.71 11519 MacQueen Equipment, In Link 4415 8.70 Total for Vndr MacQueen Equipme 556.41* 11520 Mail Boxes Etc. Shipping Power Control 4826 72.67 11520 Mail Boxes Etc. Shipping TV Camera 4826 152.55 Total for Vndr Mail Boxes Etc. 225.22* 11567 Mary Saarion Expense reimbursement 4350 10.60 Total for Vndr Mary Saarion 10.60* 11521 Masys Corporation Enfors Maintenance 4200 623.69 Total for Vndr Masys Corporatio 623.69* 11516 MCI Telecommunications Long Distance 4160 263.26 Total for Vndr MCI Telecommunic 263.26* 11522 Menards Comp Elbows, Connectors, 4901 43.43 11522 Menards Shelf, Shovel, Bits, Gog 4900 68.07 11522 Menards Weed Wizard,Hammer,Hedge 4900 277.28 Total for Vndr Menards 388.78* 11524 Metro Council Environ Service Availability Cha 33,660.00 Total for Vndr Metro Council En 33,660.00* 11523 Metro Legal Services, Delivery to K.Cole 4100 12.00 Total for Vndr Metro Legal Sery 12.00* 11533 MGCSA Membership MGCSA Researc 4900 200.00 Total for Vndr MGCSA 200.00* 11587 Michael Ulrich Mileage Reimbursement-Au 4475 42.90 Total for Vndr Michael Ulrich 42.90* Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills :heck # Vendor Alpha Name Description All Amount 11525 Midway Industrial Supp Paint Sprayer Hose 4470 41.64 Total for Vndr Midway Industria 41.64* 11526 Midwest Asphalt Corpor Asphalt 4470 135.97 Total for Vndr Midwest Asphalt 135.97* 11527 Midwest Coca/Cola Beverages 4901 1,256.96 Total for Vndr Midwest Coca/Col 1,256.96* 11528 Midwest Specialty Sale Roller Shaft, Blade - Sh 4360 144.83 Total for Vndr Midwest Specialt 144.83* 11529 Minnegasco 2850 82nd Lane N.E. 4901 19.18 11529 Minnegasco 8290 Coral Sea St. 4901 17.60 Total for Vndr Minnegasco 36.78* 11530 Minnesota Department o Water Supply Service Con 4,055.76 Total for Vndr Minnesota Depart 4,055.76* 11531 Minnesota Golf Assn., Dues - M.Olson, G.Sarver 4901 30.00 Total for Vndr Minnesota Golf A 30.00* 11532 Minnesota Golf Cars, I Oil Filter, Rim 4900 66.57 Total for Vndr Minnesota Golf C 66.57* 11434 Minnesota Mutual MN Mutual for 09/10/98 307.69 Total for Vndr Minnesota Mutual 307.69* 11534 Minnesota Recreation & Benefits Workshop 4350 129.00 11534 Minnesota Recreation & CEU-Fee Benefits Worksho 4350 10.00 Total for Vndr Minnesota Recrea 139.00* 11442 Minnesota Sex Crimes I Workshop - Siluk 4200 120.00 Total for Vndr Minnesota Sex Cr 120.00* 11435 MINNESOTA STATE RETIRE MN State Retirement for 100.00 Total for Vndr MINNESOTA STATE 100.00* 11536 Mounds View Community 1/4 Page Ad 4160 75.00 Total for Vndr Mounds View Comm 75.00* 11537 Multiscale Products Multiscale Scaler 4180 50.00 Total for Vndr Multiscale Produ 50.00* 11538 National Independent B Hardware Maintenance 4820 54.00 Total for Vndr National Indepen 54.00* 11539 National Recreation & Annual Dues 4350 215.00 Total for Vndr National Recreat 215.00* • Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11540 Nationwide Truck/Trail Van Rental 4350 159.75 Total for Vndr Nationwide Truck 159.75* 11436 NCPERS Life Insurance Pera Life ins. for Septe 45.00 Total for Vndr NCPERS Life Insu 45.00* 11541 Nike, Inc. 4901 -746.00 11541 Nike, Inc. Golf Merchandise 4901 1,543.74 Total for Vndr Nike, Inc. 797.74* 11542 Norseman Awards Plaque - Fall League 4352 115.02 Total for Vndr Norseman Awards 115.02* 11543 North Country Ford Squad Car Parts 4462 116.56 Total for Vndr North Country Fo 116.56* 11544 Northern Sanitary Supp 4160 -69.76 11544. Northern Sanitary Supp Disinfectant,Vacuum Hose 4160 117.31 11544 Northern Sanitary Supp Germicidal Cleaner 4160 50.27 11544 Northern Sanitary Supp Rinse Free Stripper 4460 13.31 Total for Vndr Northern Sanitar 111.13* 11547 Northern States Power 1755 Co. Rd. I W.-Warnin 4200 6.44 11547 Northern States Power 2234 Highway 10 4416 142.91 11547 Norther?! States Power 2271 Co. Rd. J W.-Warnin 4200 6.44 11547 Northern States Power 2335 Knoll Dr. 4360 60.83 11547 Northern States Power 2399 Hwy.10,Co.Rd.H2 Sig 4475 309.79 11547 Northern States Power 2401 Hwy. 10-Well #1 4823 794.04 11547 Northern States Power 2401 Hwy.10-City Hall/Po 4160 1,189.95 11547 Northern States Power 2401 Hwy.10-Police/City 4160 42.06 11547 Northern States Power 2408 Hillview Rd.-Well # 4823 47.22 11547 Northern States Power 2426 Bronson Dr.-Well #3 4823 572.50 11547 Northern States Power 2450 Bronson Dr.-Booster 4823 21.35 11547 Northern States Power 2450 Bronson-Booster Sta 4823 754.55 11547 Northern States Power 2466 Bronson - Maintenan 4460 424.91 11547 Northern States Power 2524 Bronson Dr.-Well #2 4823 217.46 11547 Northern States Power 2764 Ardan Ave. 4360 7.69 11547 Northern States Power 2800 Hwy. 10-Silver Lake 4475 13.32 11547 Northern States Power 2815 Ardan Ave. 4360 69.73 11547 Northern States Power 2815 Arden - Siren 4200 6.44 11547 Northern States Power 5100 Long Lake Rd.-Well 4823 1,204.33 11547 Northern States Power 5214 Long Lake Rd. 4360 82.81 11547 Northern States Power 5324 Jackson Dr. 4360 40.02 11547 Northern States Power 5394 Edgewood Dr. 4650 7.96 11547 Northern States Power 5396 Raymond Ave. 4823 40.71 11547 Northern States Power 5466 Adams St. 4416 14.33 11547 Northern States Power 5510 Quincy-Traffic Sign 4475 114.20 11547 Northern States Power 7545 Groveland Rd.-Well 4823 1,157.42 11547 Northern States Power 7840 Pleasant View Dr. N 4350 13.98 11547 Northern States Power 7901 Greenwood Drive 4360 40.02 Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 9 City of Mounds View FM Entry - Invoice Payment - Approval of Bills 'heck # Vendor Alpha Name Description All Amount 11547 Northern States Power 8228 Spring Lake Rd.Stre 4416 11.86 11547 Northern States Power 8251 Groveland-Lift Sta. 4823 58.81 11547 Northern States Power 8290 Coral Sea - Clubhou 4901 511.50 11547 Northern States Power 8290 Coral Sea - Pump 4900 1,817.92 11547 Northern States Power 8290 Coral Sea - Sign 4901 31.80 11547 Northern States Power 8290 Coral Sea St. 4901 495.58 11547 Northern States Power 8290 Coral Sea, Clubhous 4901 123.43 Total for Vndr Northern States 10,454.31* 11548 Northern Water Works S MSA Model A-5ST Detector 4823 1,917.00 Total for Vndr Northern Water W 1,917.00* 11549 Nystrom Publishing Co. Printing-M.V.Matters 4160 2,542.58 Total for Vndr Nystrom Publishi 2,542.58* 11550 Olson Power Equipment Tractor rental 4900 1,065.00 Total for Vndr Olson Power Equi 1,065.00* 11551 Orkin Exterminating Co Exterminating 4160 82.01 Total for Vndr Orkin Exterminat 82.01* 11552 Park Auto Body Police Car Body Work 4200 1,957.43 Total for Vndr Park Auto Body 1,957.43* 11553 Parts Associates, Inc. Vapor Emission Hoses, Ny 4460 167.11 Total for Vndr Parts Associates 167.11* 11458 Paul Thompson Class Refund 28.00 Total for Vndr Paul Thompson 28.00* 11448 Pauline Batcha Class Refund 28.00 Total for Vndr Pauline Batcha 28.00* 11554 Perfect "10" Car Wash Car Washes 4200 21.32 Total for Vndr Perfect "10" Car 21.32* 11555 Phillips 66 Company Gasoline 4470 881.36 Total for Vndr Phillips 66 Comp 881.36* 11556 Pitney Bowes, Inc. Postage Machine maintena 4160 466.00 Total for Vndr Pitney Bowes, In 466.00* :1557 Plaisted Companies, In Class 5 Base, Topdressin 4900 1,217.99 .1557 Plaisted Companies, In Topdressing 4900 260.69 Total for Vndr Plaisted Compani 1,478.68* _1558 Pomp's Tire Service, I Tire Repair 4900 31.00 Total for Vndr Pomp's Tire Sery 31.00* _1559 Printmaster Printing Failed to Pay-Violation 4180 208.95 Date: 09/10/1998 Time: 15:54:37 Operator: Marge Norquist Page: 10 City of Mounds View FM Entry - Invoice Payment - Approval of Bills _heck # Vendor Alpha Name Description All Amount Total for Vndr Printmaster Prin 208.95* 11560 Pro Sign Graphics for Speed Trlr. 4200 129.88 11560 Pro Sign Replacement graphics for 4200 129.88 Total for Vndr Pro Sign 259.76* 11437 Public Employees Retir PERA for 09/10/98 11,249.24 Total for Vndr Public Employees 11,249.24* 11561 Pugsley's Sandwiches, Sandwiches 4901 198.96 Total for Vndr Pugsley's Sandwi 198.96* 11562 Radisson Encore Inn Hotel for Utility Billin 4820 255.38 Total for Vndr Radisson Encore 255.38* 11563 Ramsey County Filing Fees 4180 29.50 Total for Vndr Ramsey County 29.50* 11438 Ramsey County Child Su Child support for 09/10/ 690.90 Total for Vndr Ramsey County Ch 690.90* 11564 Real Productions Video duplications 4350 139.52 Total for Vndr Real Productions 139.52* 11443 Rebecca Ashton Transcribing Case #98-42 4200 500.00 Total for Vndr Rebecca Ashton 500.00* 11565 Remap Corporation September Charges 4180 49.95 Total for Vndr Remap Corporatio 49.95* 11566 Rent All Minnesota Sod Cutter rental 4360 85.74 11566 Rent All Minnesota Stump Remover rental 4900 366.85 Total for Vndr Rent All Minneso 452.59* 11583 S.U.S.A. Maintenance & Operator S 4823 40.00 Total for Vndr S.U.S.A. 40.00* 11571 Savin Corporation Mita Toner 4160 109.82 Total for Vndr Savin Corporatio 109.82* 11572 Segal Wholesale, Inc. Cigars 4901 355.97 Total for Vndr Segal Wholesale, 355.97* 11573 Serco Labs Bacteria Testing 4825 77.00 Total for Vndr Serco Labs 77.00* 11574 Short-Elliott & Hendri Comm.Ctr.Water Resource 4650 1,220.60 11574 Short-Elliott & Hendri Silverview Estates proje 4823 417.25 Total for Vndr Short-Elliott & 1,637.85* Date: 09/10/1998 Time: 15:54:38 Operator: Marge Norquist Page: 11 City of Mounds View FM Entry - Invoice Payment - Approval of Bills heck # Vendor Alpha Name Description All Amount 11575 Shred-It Shredding 4200 49.95 Total for Vndr Shred-It 49.95* 11576 Snyders Film Processing 4180 4.78 11576 Snyders Plastic Bags 4351 5.31 Total for Vndr Snyders 10.09* 11577 Spring Lake Park Fire Fire Inspection Services 4210 766.25 Total for Vndr Spring Lake Park 766.25* 11578 Spring Lake Park Lumbe 432 Sq.Ft.Asph.Flt. 4470 12.51 11578 Spring Lake Park Lumbe Concrete Mix 4470 24.71 Total for Vndr Spring Lake Park 37.22* 11568 St. Croix Screenprint Tee Shirts 4351 1,557.25 Total for Vndr St. Croix Screen 1,557.25* ,. 11569 St. Paul Pioneer Press Subscription thru 12/19 4901 48.10 Total for Vndr St. Paul Pioneer 48.10* 11570 St. Paul Stamp Works, Dog License Tags 4160 134.26 Total for Vndr St. Paul Stamp W 134.26* 11449 Stanley Lenart Meter Refund 40.00 Total for Vndr Stanley Lenart 40.00* 11579 Star Tribune Subscription thru 2/26/9 4160 52.00 Total for Vndr Star Tribune 52.00* 11580 State Chemical Manufac 7# Grease, Grease Factor 4900 794.31 Total for Vndr State Chemical M 794.31* 11581 Steichens Sporting Goo Soccer Balls 4351 203.78 Total for Vndr Steichens Sporti 203.78* 11451 Steve Geringer P.O.S.T. License Reimbur 4200 45.00 Total for Vndr Steve Geringer 45.00* 11582 Streichers Professions Intoxilyzer Mouthpieces 4200 110.19 Total for Vndr Streichers Profe 110.19* 11447 Susan Stone Class Refund 20.00 Total for Vndr Susan Stone 20.00* 11584 Sysco Food Services of Beef, Chicken, Buns, Pie 4100 427.61 11584 Sysco Food Services of Candy Bars 4901 72.96 11584 Sysco Food Services of Candy Bars, Chips, Towel 4901 193.53 11584 Sysco Food Services of Candy, Chips 4901 104.40 11584 Sysco Food Services of Candy, Foam Cups, Hand S 4901 97.18 11584 Sysco Food Services of Poultry, Pie, Cole Slaw 4100 79.53 Date: 09/10/1998 Time: 15:54:38 Operator: Marge Norquist Page: 12 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11584 Sysco Food Services of Steaks 4901 43.63 Total for Vndr Sysco Food Servi 1,018.84* 11452 Terry Broos P.O.S.T.License Reimburs 4200 45.00 Total for Vndr Terry Broos 45.00* 11473 Timothy Brennan P.O.S.T. license reimbur 4200 45.00 11473 Timothy Brennan Signature Stamp for DARE 4200 21.29 11473 Timothy Brennan Tuition Reimbursement 4200 175.75 Total for Vndr Timothy Brennan 242.04* 11457 Todd Ranfranz Class Refund 40.00 Total for Vndr Todd Ranfranz 40.00* 11585 Toll Gas & Welding Sup Acetylene Cylinders 4462 5.89 11585 Toll Gas & Welding Sup TC Bur-Tree, Clear Visor 4462 45.26 Total for Vndr Toll Gas & Weldi 51.15* 11453 Tom Baumgart P.O.S.T.License Reimburs 4200 45.00 Total for Vndr Tom Baumgart 45.00* 11439 Twin City Federal Mort TCF For September 488.00 Total for Vndr Twin City Federa 488.00* 11586 U. S. Filter/Waterpro 4823 -497.52 11586 U. S. Filter/Waterpro SR ECR Mtr. 1000G 4823 360.00 11586 U. S. Filter/Waterpro Transceiver, Bracket 4823 630.59 Total for Vndr U. S. Filter/Wat 493.07* 11588 U. S. West 484-9155 4160 72.32 11588 U. S. West 717-7343 4360 42.42 11588 U. S. West 783-1307 4360 39.49 11588 U. S. West 783-1326 4360 49.29 11588 U. S. West 785-0950 4360 56.02 11588 U. S. West 785-9063 4901 336.20 11588 U. S. West E07-1580 4823 164.86 11588 U. S. West 507-5356 4160 117.13 11588 U. S. West E07-7384 4200 82.31 11588 U. S. West E23-4126 4823 31.55 Total for Vndr U. S. West 991.59* 11589 U. S. West Communicati 784-1076 4360 20.87 11589 U. S. West Communicati 784-1305 4360 20.87 Total for Vndr U. S. West Comma 41.74* 11590 Udor USA, Inc. Spray Gun, Spray Tip 4470 53.78 Total for Vndr Udor USA, Inc. 53.78* 11591 United Karate Karate Instructors 4351 144.00 Total for Vndr United Karate 144.00* Date: 09/10/1998 Time: 15:54:38 Operator: Marge Norquist Page: 13 City of Mounds View FM Entry - Invoice Payment - Approval of Bills deck # Vendor Alpha Name Description All Amount 11593 Unitog Rental Services Uniform Rental 4900 892.33 Total for Vndr Unitog Rental Se 892.33* 11535 University of Minnesot Golf Merchandise 4900 770.00 Total for Vndr University of Mi 770.00* 11440 Unum Life Insurance Life Ins. for September 4820 966.59 Total for Vndr Unum Life Insura 966.59* 11594 Voss Lighting Lamps 4460 47.39 Total for Vndr Voss Lighting 47.39* 11500 W. W. Grainger 4470 -68.77 11500 W. W. Grainger 75W Fixture, Extension C 4823 50.31 11500 W. W. Grainger SP35 Lamps, Ballast 4901 94.15 11500 W. W. Grainger White Marking Paint 4475 56.23 11500 W. W. Grainger White Striping Paint 4470 75.02 Total for Vndr'W. W. Grainger 206.94* 11595 W.A.I. Continuum City of M.V. Interiors 4650 1,382.79 11595 W.A.I. Continuum Community Ctr.Services 4650 15,723.88 Total for Vndr W.A.I. Continuum 17,106.67* 11596 Wager's, Inc Copier Maintenance Contr 4460 27.00 Total for Vndr Wager's, Inc 27.00* 11597 Warning Systems, Inc. Equipment repair 4200 196.54 Total for Vndr Warning Systems, 196.54* 11598 Waste Management - Die Refuse & Recycling cervi 4901 1,169.23 Total for Vndr Waste Management 1,169.23* 11441 Western Bank Ulrich & Hanggi Savings 120.00 Total for Vndr Western Bank 120.00* 11599 Wold Architects & Engi Architectural Services 4160 3,234.89 Total for Vndr Wold Architects 3,234.89* 11600 Yamaha Motor Corp., U. Lease Payment 4900 226.00 Total for Vndr Yamaha Motor Cor 226.00* Grand Total 171,941.33* PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 1, 1998 Mounds View City Hall 2401 Highway 10, Mounds View,MN 55112 1. Call to Order The meeting was called to order by Chairperson Peterson at 7:00 p.m., July 1, 1998. 2. Roll Call Members present: Chairperson Peterson, Commissioners Brasaemle, Brooks (departed at 9:00 p.m.), Miller, Obert, and Stevenson. Absent: Planning Associate Ericson(excused) Also present: Community Development Director Jopke,Housing Inspector Dorgan, Council Liaison Koopmeiners (departed at 9:15 p.m.), and Recorder Dave Hix. 3. Citizens' Requests and Comments on Items Not on the Agenda There were no citizen requests or comments for items not on the agenda. 4. Approval of Minutes: May 20, 1998 (special) Motion/Second: Brasaemle/Stevenson to approve the Mounds View Planning Commission meeting minutes (special) of May 20, 1998, as amended. Ayes- 5 Nays - 0 Abstain- 1 (Peterson) The motion carried. 5. Staff Reports/Information Items A. Discussion Regarding Comprehensive Guide Plan -Housing Element- Presented by Mounds View Housing Inspector Steve Dorgan Steve Dorgan gave his report as follows: Staff had prepared a report which gave overviews of three separate sets of housing Mounds View Planning Commission July 1, 1998 Special Meeting Page 2 policies adopted by the City over the last 20 years. This information will be combined with the suggestions that the Metropolitan Council has given the City in regards to housing elements that it wishes to see in the current Comprehensive Plan Update. Four areas of existing policy were listed for discussion: 1. Comprehensive Guide Plan adopted in 1979 2. Focus 2000 Project Housing Goals in 1995 3. Liveable Communities Housing Action Plan in 1996 4. Current Housing Statistics I. Existing Comprehensive Guide Plan Housing Goals and Action Plan - 1979 Dorgan reviewed the goals included in the 1979 Plan. Brasaemle suggested updating the goals' language to reflect issues that are relevant to the '90s, such as sustainable development. Dorgan continued by reviewing the action plan from the 1979 Comprehensive Guide Plan process which included discussion of housing rehabilitation and redevelopment, innovative housing, and housing assistance. II. City of Mounds View Focus 2000 Project Housing Goals - 1995 Dorgan reviewed the seven housing goals included in the Mounds View Focus 2000 report completed in 1995. III. City of Mounds View's Livable Communities Housing Action Plan - 1996 Dorgan summarized the 1996 Livable Communities Housing Action Plan which was approved by the City and the Metropolitan Council. According to Metropolitan Council statistics available at this time, Mounds View was well within the range of providing affordable housing. Mounds View's larger apartment complexes fall below the fair market rents published by the Department of Housing and Urban Development. Dorgan reviewed various housing assistance programs, housing developments in Mounds View, housing maintenance, rehabilitation, and redevelopment programs, local initiatives, and goals and policies for future life cycle needs. IV. City of Mounds View Current Housing Statistics Dorgan reviewed a spread sheet and charts that showed: Mounds View Planning Commission July 1, 1998 Special Meeting Page 3 1. Total number and percent of dwelling units by type 2. Value of owner occupied units and rent ranges of rental units a. pride of ownership is an important component of property values Chairperson Peterson suggested that the chart show the median home value when it is presented to the Metropolitan Council for their review. 3. Number and type of publicly subsidized housing a. 228 total units (15 percent of the total rental units (1,472)in the City 4. Households by current age of householder 5. Population by Age Group 6. Permitted densities for residential development a. single-family- 0 to 3 units per acre b. multifamily- 4+units per acre 7. Land potentially available for residential development and/or redevelopment a. review of map It was the consensus of the Planning Commission that all lots in the City that could be subdivided be left "as is" on the current Comprehensive Guide Plan and considered on an individual basis if a subdivision issue comes about. It was the consensus of the Commission to consider reguiding manufactured home park property. Towns Edge Terrace could be reguided from medium density trailer park to industrial or business PUD. The other two trailer parks could be reguided to medium density residential from medium density trailer park. 8. Age of current housing stock 9. Extent of need for housing rehabilitation: number and percent of units needing rehabilitation(if available) 10. Current Housing Vacancy rates A. Single-family homes a. nine listings active, no vacant units B. Multiple-family homes Mounds View Planning Commission July 1, 1998 Special Meeting Page 4 a. four condemned units, approximately 1.5 percent vacancy rate V. Comprehensive Guide plan Update Dorgan reviewed the housing related comments from the community forums held earlier this year. Peterson suggested bringing up the truth-in-housing issue before the City Council again to reinvestigate the possibility of hiring the required staff to perform this duty. It was the consensus of the Commission to include in the Comprehensive Plan Update a truth-in-housing regulation that would make it a requirement that all health and safety related issues be brought up to code before a home could be sold. VI. Initiatives That Mounds View is Currently Working On Dorgan summarized the current housing related programs that the City is currently working on including the rental li ensing program, the MHFA Community Fix-Up Fund, a home improvement fair, the housing replacement proram, and the plan book project. Jopke handed out a current draft of the Community Background Section of the Comprehensive Plan. 6. Chairperson and Planning Commission Reports Director Jopke told the Commission the theater project is still on hold waiting for the owner to amend the contract with the general contractor. Building permits will be issued as soon as the contract is renegotiated and signed. The City Council approved the amended PUD plan for Silverview Estates Senior Cooperative development by Realife of Mounds View Inc. All members of the Commission were given copies to review of applications for the open Planning Commission position. The City Council authorized staff to enter into an option to purchase and request RFPs on the vacant Midland Videen property. 7. Adjournment to Agenda Meeting There being no further business before the Planning Commission Special Meeting, Mounds View Planning Commission July 1, 1998 Special Meeting Page 5 Chairperson Peterson adjourned the meeting at 9:30 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Rick Jopke Community Development Director .56 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION THE CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting July 15, 1998 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order Chairperson Peterson called the Mounds View Planning Commission special meeting to order at 7:00 p.m. 2. Roll Call Members present: Chairperson Peterson, Commissioners Brasaemle, Brooks (departed at 8:54 p.m.), Miller, Obert, and Stevenson. Members absent: Council Liaison Koopmeiners Also present: Community Development Director Jopke; Associate Planner Ericson; Economic Development Coordinator Kevin Carroll; Housing Inspector Steve Dorgan; and Recorder Dave Hix. 3. Citizens' Requests and Comments On Items Not On The Agenda There were no citizens'requests or comments on items not on the agenda. 4. Approval of Minutes A. June 3, 1998 (Regular) B. June 17, 1998 (Special) MOTION/SECOND: Brasaemle/Stevenson to approve the Planning Commission June 3, 1998 (Regular) and June 17, 1998(Special)Meeting Minutes as amended. Ayes- 6 Nays- 0 Motion carried. 5. Staff Reports/Information Items A. Discussion Regarding Comprehensive Guide Plan -Land Use Element PLANNING COMMISSION Page 2 July 15, 1998 All Planning Commission Members acknowledged receipt of the City's current Comprehensive Plan Land Use Map and Zoning Map. Jopke told the Commission the Maps' color designations had been implemented by the I- 35W Corridor Coalition in an attempt to standardize land use definitions across the corridor. This process was intended to simplify the communication process between all of the communities that are members of the "Coalition." He suggested that the City of Mounds View return to its original approach of designating properties according to use instead of density, as had been done on the Maps before the Commission at this meeting. The Land Use Map and the Zoning Map were compared to one another in an attempt to bring out any inconsistencies that exist between the two maps. From a land use perspective, it was determined that the Highway 10 corridor is the area that needs the most attention and analysis as to how the available land along the corridor could be used. Jopke asked the Commission to consider two approaches to land use along the Highway 10 corridor: 1. Should the land be designated for specific uses? 2. Should the land be dealt with on a case-by-case basis? Obert stated it was the consensus of the people that participated in the community forum process that Highway 10 should be the City's main area of commercial development. The citizens also expressed their feeling that County Road I should not be developed for commercial use, he added. Peterson told the Commission that the development of County Road I depended to a large extent on what the neighboring communities of Shoreview, Blaine, and Arden Hills had planned for developments in these cities. Future development in the cities could impact Mounds View's County Road I as a through road to their cities. Stevenson stated that the planning that is taking place by the City of Mounds View on the Comprehensive Plan Update is a blueprint for the future. If the Planning Commission decided to redesignate the remaining residential properties along Highway 10 or County Road I as business use, it would not mean that the home owners were being asked to relocate from their homes. The redesignation would only go into affect if and when the property changed ownership, he added. Peterson suggested that the City make a strong effort to change the Zoning Map to reflect the Comprehensive Land Use Map, particularly on the Highway 10 properties which are "grossly out of sync." PLANNING COMMISSION Page 3 July 15, 1998 Brasaemle expressed concern in regards to the tax implications that the people, whose property is now zoned residential, would be faced with if their zoning was changed to business use. The property tax would be based on a higher valued commercial use rather than a lower valued residential use. Miller suggested safeguarding the current residential tax base along the Highway 10 corridor. This would allow the City to rezone the property for its eventual sale and development as business or commercial. Peterson suggested establishing a 285 feet plus-or-minus zone on either side of Highway 10 as the commercial corridor. The corridor would extend from the east end of Highway 10 to the west end of Highway 10, he added. Miller expressed concern in regards to commercial developments south of County Road 112, especially with the resistance that is being shown to the theater development. A lengthy discussion ensued in which the Planning Commission Members drew in their proposed 285 foot setback on the north and south side of Highway 10, going the full east/west length of the highway, using the current Comprehensive Land Use Map for the basis of their designation proposals. Brasaemle suggested that the last piece of residential property next to the Everest triangular shaped property needed to be included in the Highway 10 corridor commercial designation. He also recommended that Town's Edge Terrace be designated Industrial, Light Industrial/Warehouse, or Mixed-Use PUD. Peterson suggested designating the Town's Edge Terrace property as HC/IND PUD. The rest of the Commission agreed with the designation of HC/IND PUD for the Town's Edge Terrace property. B. Planning Commission Vacancy and Terms (Verbal Report) Jopke told the Commission that City staff had received, and subsequently lost, a list of potential Commission candidates that would be added to the list that had already been discussed. In light of this fact, the selection of a candidate would have to be tabled in order to give City staff the time it needs to locate the missing list and add these names to the list of candidates being considered by the City to fill the vacancy on the planning Commission. Obert suggested that all applicants that are considered for the vacancy should be interviewed by the Planning Commission, including Liaison Koopmeiners, prior to selection by the Mayor and approval of the selection by City Council. The Commission unanimously agreed with Obert's suggestion. PLANNING COMMISSION Page 4 July 15, 1998 C. Update on Overton Foyer Expansion at 2824 Woodale Drive Ericson told the Commission that the Overtons had not presented architectural plans to the City when they applied for their variance. The applicants had given an oral presentation through their architect and this presentation was the information that the Commission used in making their decision to grant the variance. Now that the addition to the home is taking place, the roof lines that had been described as slightly taller and in character with the existing home, were not fitting in with the character of the existing house or the neighborhood. Obert expressed concern that the City's development requirements for this type of project didn't stipulate that an addition must fit in with the existing neighborhood or blend in with the existing house. Ericson quoted from Section 1125 of the City Code, Variances: "The variance would not be materially detrimental to the purpose of this title or to other property in the same zone." Brasaemle suggested that the Planning Commission modify the Code to require architectural drawings on variance applications that come before the Commission. Ericson quoted from Code: "All proposed industrial, commercial, and residential developments and expansions of existing facilities, except developments where public utilities and streets have previously been installed and the erection of no more than two detached single-family dwellings are planned must be reviewed by the City." This statement would make a developmental review necessary for the type of project that the Overtons are having constructed. Jopke suggested developing a code requirement that ties existing conditions to the proposed new development. Brasaemle suggested verbiage as follows: "Any expansion of an existing facility that requires a variance has to go through a development review." Peterson stated: "Politically and historically the City is stuck with letting people do whatever they want to do, appearancewise." Ericson suggested getting the Council's feedback on the issue. Have them make a judgement as to whether or not the Code language is acceptable or if it needs to be amended to try to solve this type of problem. PLANNING COMMISSION Page 5 July 15, 1998 6. Chairperson and Planning Commissioner's Reports No reports were considered. 7. Adjournment MOTION/SECOND: Brasaemle/Obert to adjourn the meeting. There being no further business before the Planning Commission Chairperson Peterson adjourned the meeting at 9:30 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Rick Jopke Community Development Director c J 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: Resolution 5268 Approving the 1998 Election Judges Date of Report: September 10, 1998 State law requires that each municipality approve the appointment of their election judges by Resolution. Resolution 5268 is attached for your approval. RESOLUTION NO. 5268 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RATIFYING THE APPOINTMENT OF ELECTION JUDGES FOR THE 1998 PRIMARY ELECTION AND GENERAL ELECTION WHEREAS, the City of Mounds View is required by law to hold a Primary and General/Municipal Election; and WHEREAS, any individual who is eligible to vote in an election precinct is qualified to be appointed as an election judge for that precinct; and WHEREAS, no more than half of the election judges working on any given shift may be members of the same political party; and WHEREAS, all proposed election judges listed on the attached sheet have met all of the State qualifications for the position of election judge. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby ratify the appointment of election judges made by the Mayor on September 14,1998. Said appointments are attached. BE IT FURTHER RESOLVED that the City Council of the City of Mounds View authorizes the Clerk-Administrator to appoint an election judge where there is a vacancy, if necessary. Adopted this 14th day of September, 1998 ATTEST: Mayor (SEAL) Clerk-Administrator ELECTION JUDGES FOR THE 1998 PRIMARY AND GENERAL ELECTIONS Democrat Republican Reform Dorothy Wilhaus, Co-Chair Kathy MacRunnels, Chair Phyllis Paone Glenn Partridge Amy Hodges Janet Strauss Marlene Meyer Shirley Burg Orville Johnson Marilyn Fauchald Lillian Christ Marlene Stivers Dawn Little Janet Schuldt John Gunther Susan Mitchell Marcia Rosenberg Annette Steiner Ilene Syverson Brian Baker Mary Pearson Gloria Nelson Lance Nelson Jeanne Hennessey 5D 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: Renewal Kennel licenses Date of Report: September 10, 1998 The following individuals have submitted renewal kennel license applications for 1998- 1999: Geri Grosslein, 8455 Red Oak Drive Harry Niezgocki, 8261 Red Oak Drive George and Marcia Joslyn, Sham 0' Jet Kennels, 7700 Long Lake Road Their applications are in order and complete. Staff Recommendation: Approve the renewal kennel licenses for the period of September 1, 1998 to August 31, 1999. Item No. k Type of Business: CA WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: September 10, 1998 Please consider the following contractor licenses for approval. All applicants have submitted appropriate fees and proof of insurance. Licenses are renewals unless specified. All will expire on June 30, 1999. EXCAVATING JD Excavating-New FENCE North Star Fence Co., Inc. (pending receiving Certificate of Insurance) -Renewal GENERAL(Commercial) MSP Construction, Inc. Steenberg-Watrud Construction, LLC -New Townsend Construction, Inc. -New HVAC Alliant Heating& A/C dba Fredrickson Heating&Air Cond. -New Dave's Appliance Heating& Air-New Flare Heating& Air Cond. -New Marsh Heating&Air Cond., Inc. Practical Systems SEWER/WATER Sandd Excavating, Inc. SIGN Electro Neon&Design, Inc. -New Universal Signs, Inc. Staff Recommendation: Approve license applications as requested. Item No. 5F Staff Report No. Meeting Date: 9/14/98 Type of Business: CA WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business Ci of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Extension of Time frame to File Final Plat for the Everest Building N Project Date of Report: September 10, 1998 Background: On October 27, 1997 the city approved a final plat for Mounds View Business Park East 2ND Addition presented by the Everest Group,Ltd.to facilitate the development of Building N. The plat has not yet been filed. The City's subdivision code in 1202.07 Subdivision 4 states: "If the final plat is approved,the subdivider shall,within one hundred twenty(120)days,record it with the County Register of Deeds or Registrar of Titles ". The 120 day deadline occurred on February 27, 1998. The City Council on March 23, 1998 granted an extension until June 25, 1998 as allowed by ordinance.This extension has expired and Everest has requested an additional extension. The City's subdivision code in 1202 .07 Subdivision 5 states: "in the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein,the Council may re-approve the final plat upon the following terms and conditions: a)that the subdivider proves to the satisfaction of the council that the delay was caused by conditions beyond the control of the subdivider,and b)that the extension of the time request has or will have no adverse effect on the City or property owners of the City, and that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty(120)days. Analysis: Everest has not provided information on the reason for the delay. While it is staff's opinion that the extension would have no impact or adverse effect on the City or property owners of the City the city code states that the City Council can grant an extension which does not exceed 120 days. The City has already granted a 120 day extension therefore the code could be interpreted to prohibit any further extensions. The code could also be interpreted to say that any extension granted cannot exceed 120 days. Recommendation: Staff recommends that the City Council make the more liberal interpretation of the code and pass a motion approving an extension for the filing of Everest's plat from June 25, 1998 until October 25, 1998. _ ick Jopke, Co munity Development Director N:\DATA\USERS\RICKJO\SHARE\91498EV.RPT Item No. /A' Staff Report No. Meeting Date: September 14, 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 and Consideration of Resolution 5263, a Resolution Approving a Conditional Use Permit for a 1,008 Square-Foot Over-sized Garage at 2185 Pinewood Drive, Requested By Tammy Bellamy; Planning Case No. 531-98. Date of Report: September 8, 1998 Applicable Regulations: 1104.01, Subd. 4: Accessory buildings detached from principal building shall have a rear and side yard setback of 5 feet. Accessory buildings shall not be allowed in the front yard. 1106.03, Subd. ld: No garage shall exceed 864 square feet except by CUP. 1106.03, Subd. lh: The combined square footage for all accessory buildings on a lot shall not occupy more than 25% of the rear yard. 1106.04. Subd.6: The combined square footage of all accessory buildings on one lot cannot exceed 1,264 square feet; if the garage square footage is greater than 1,000 square feet, no other accessory building shall be allowed, the garage width cannot exceed 35 feet nor allow for more than three vehicle access. Background: 2185 Pinewood Drive is located at the corner of Pinewood Drive and Quincy Street,just north of County Road I. The property is approximately 16,000 square feet. Presently there is a small, one-story residence and a detached single-car garage on the corner lot. The applicant had requested a similar CUP in 1997, but chose to withdraw her request before action was taken by the City Council. The current request is for a 1,008 square foot detached garage, 24 feet by 42 feet, to be located 13 feet from the house and 13 feet from the west property line. The garage would be set back further on the property than the house. Recently the City Council adopted Ordinance 620 which changed some of the dimension requirements pertaining to garages. Because the application was submitted before the ordinance went into effect (September 4, 1998), this request will be judged based on the previous guidelines and requirements. Bellamy CUP Request 2185 Pinewood Drive September 14, 1998 Page 2 Dimensional Requirements: Required Provided Met/Not Met Garage Setbacks (Front) 70 feet 80 feet Met (Side) 5 feet 13 feet Met (Rear) 5 feet 38 feet Met Percent of Rear Yard <25% 15% Met Garage Width 35 feet 22 feet Met Area of all Accessory Buildings: _< 1,264 Sq. ft. 1,008 Sq. ft. Met Analysis: At past City Council meetings, the issue of revising the City Code to establish a proportional relationship requirement between a house and garage has been discussed. Those discussions led to the adopting of Ordinance 620, which amended various sections of the City Code pertaining to garages and driveways. Using either set of guidelines, a conditional use permit would be required,.because the proposed garage is significantly larger than the house (1,008 sf for the garage compared to only 682 for the house). The rear yard is large enough to meet the new 20% rear yard coverage limitation. The question remains, however, "is the proposed garage too large for the site and the home?" To balance this concern, the advantages of such a garage, such as creating adequate storage space for the resident's vehicles and yard appliances, need to be considered. Because of privacy fencing used by the applicant and the adjoining neighbor, the full effect of the garage would be shielded from either street view. As presented, the proposal meets all of the criteria imposed by the Code, as addressed in the dimensional requirements above. Staff feels, in this instance, that the benefits of such a garage may outweigh any disadvantages. The driveway to the current garage is about 80 feet long and unpaved. The applicant has shown on the "proposed" site plan that the driveway will be improved with concrete. If this CUP request is approved, a recommended condition would be that the driveway be improved with a permanent surface within three months of taking out the building permit for the garage. An additional recommended condition would be to further screen the proposed garage by means of erecting a privacy fence parallel to Pinewood Drive between the garage and the property line to the west. Adverse Effects Of the criteria listed in Section 1125.01, Sub. 3 for granting conditional use permits, the proposal appears to satisfy the requirements with the possible exception of two: (2) "The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned land so that existing homes will not be depreciated in value..." Bellamy CUP Request 2185 Pinewood Drive August 19, 1998 Page 3 (3) "The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties." Depending upon one's interpretation of the request in terms of the"intensity" of the proposed garage in comparison to the existing home and neighboring homes, the proposal may be in conflict with the two above-noted criteria. Staffs concern with this proposal is the size of the garage (1,008 sf) in comparison to the house (682 sf) The width of the garage from the street view, however, is similar to the house. The bulk of the garage will not be seen from the street. In addition, it is desirable from a community perspective to have property owners improve their properties with garages since the properties are then usually kept in better order. Planning Commission Action At their meeting on September 2, 1998, the Planning Commission voted to recommend approval of this CUP request, after lengthy discussion. The Commission's primary concern was rooted in the fact that the garage would be significantly larger than the house. The structure map that was included with the report (and is attached herein) demonstrated that other properties in close proximity to the subject property had garages of similar sized proportions. Given the screening of the garage from street view by the house, privacy fencing and extensive tree cover and the benefits of interior storage of vehicles and other items, the Commission felt that the benefits outweighed the negatives of having such a large garage, proportionally speaking. The applicant indicated that they are planning on expanding the house in the future, which would lessen the disproportion between the two structures. Recommendation: Approval Resolution No. 5263, a resolution approving a Conditional Use Permit for an over-sized garage as requested by Tammy Bellamy, 2185 Pinewood Drive. James Ericson Attachments: Planning Application Zoning Map Site Plans Structure Map N:\DATA\GROUPS\COMDEV\DEVCAS ES\531-9 8\218 5 PINE.CC 1 L:1143 COMMUNITY DEVELOPMENT DEPARTMENT -, DEVELOPMENT APPLICATION .3..f,-;R! 2401 Highway 10, Mounds View MN 55112 '�'*ti-Parmer+'"'Q' 612-717-4020 612-784-3462 -FAX Please Type or Print Information-Complete Both Sides of This Form Applicant Information ` - Name of Applicant in maro. o.am,,. p1) \10..m\I Telephone -1 21? -3 F-? Address_____.__._._... .__.._-_ - 0-1 4ZS- vn€M)o0d 'Dr- - - _ _ - -.._-.__Fax – Interest in Property(check appropriate box) d Owner of Property.- -7,-. i ... ❑: Contract for Deed Owner " . . - - ❑ Lessee,Operator,Manager = - ;.. 7,_,-...:, '❑ , • Agreement to Purchase _;- .:7:-_.-.: . - ❑ 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 Location - 0./ 8'S . nA OZ?cQ Legal Description : -- •._ Property Idenoificatron#-(PIN#07:7 c s-3o.- 3�. �`�-�t)o q-S : . ... _ - - - ,.- #of Acres — . _ •,€__-__. ...:._.:rte:t ' �___-'...f.__..________- . Currant Zoning R...--/ ,1, = . Type of Application . ❑ Comprehensive Plan Amendment __- ` •- _ ` 5250 _. .. - ❑ Retuning $250/acre-, min$250 max$1500 ❑ Major Subdivision -. - - . $250+5250 deposit* _ - .. ❑ Minor Subdivision $200 ❑ Planned Unit Development(PUD) `, _. ,_ Refer to rezoning fees ❑ PUD Amendment . - $350 Sro‘ Conditional Use Permit �,� R-I, R O r others 5250 ❑ _- ---_ - Variance =-_ - R-1, R- .100 all others 5250 - ❑ _Code Appeal - ❑ Develop Review/Site Plan . $125/acre;min 5125 max$750 C Wetland Alteration Permit ,;,.;.::_, - R-1,R-2$150;all others$200 _. ❑ ..Wetland Buffer Permit :- .,.--. R-1.12-2$25;all others$100 ❑ Floodplain Permit $200 ❑ - 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 after consideration of the application is completed Please complete the reverse side of this application. City of Mounds View,mr Development Application- Page 2 Present Use of Property • Undeveloped/Vacant Single Family Dwelling • Duplex/Two Family Dwelling 0 Multi-family Dwelling O Business/Commercial Establishment 0 Industrial Establishment o Other(explain) Property Classification 0 Abstract C Torrens _ - Description of Proposal - - - - - - - - - ---------- -------- BY MY(OUR)SIGNATURE ON THIS APPLICATION,I HEREBY DECLARE THAT,TO THE BEST OF MY KNOWLEDGE,THE INFORMATION PROVIDED IS TRUE AND ACCURATE. '• _ v-- *-ectj Signature of Applicant ovivv) Name of Applicant(typed/printed) Signature of Property Owner Name of Property Owner(typed/printed) J ' \CA, Address of owner . . . . Phone Number of Owner 6v1 M(Z - ************************************************************************************************ FOR OFFICE USE ONLY Date of Submittal -/ - Date of Acceptance 7 Assigned to: •• • •-•- . Planning Case No. - 5-3 I- & 60-dav Limit 120-day limit Fees Paid: - • Account# Check# •• Receipt# Application: Ag 75 '7.3 9 Park Dedication: Deposits: Other: • Total: N:\DATA\GROUPS COMDEIAFORMS‘DEVAPP.FOR 1/98 t'N Cc Vc4 NIAL VILLAGE P �� NNN 5661m I • • ��`10011��� �, MOBILE HOME PARK :D -0 N Qf n 1n C 4 .._ to _ — +� N � ' � N N N N N CV CV o O O^ O 0 co 0 N to 0 V N N N N N N N N N N N N N N N N N I �, HILLVIEW RI3 O O tD 0 v t0 •• 0 tD to 0 ', O v c0 O In r') 0) to n t0 t17 it') v r) N N 0 0 N V' I tD O N tD - O N tD N N N N N N N N N N N N N N 0 -- - N - O 0 0 O n n DR N N N N N N N N N N N N N N N OAKWOOD I N N N N N N N N N N N N rn o °f n PARK 1 5618 N N N N N �� N N N 0 N 8 m 5590 I — _ ��/ _ i I) r') N — 0) Of N n . 5612 �N N N N PF - 0 Of o, N N N ' OAKWOOD N N N N ^ N N N N N N N N N N N N 5606 N N N N ° ^� • .• ,. DR to m :se- o v o 5600 N N N N N NlZ1 N N °i m ^ t0 to ^ •-I M m O to 0 0 0 0 Po n t�0 N N N N N N N N N N N N N N N N 5562 ® N N N N N N N N.Rs, �555r� �� - nrn nrnnn rIn to ton _N O _55 mmo .rTER?gC•r � 0 0 0SON NNNO ` �a N N N N N N N N N N N N t 5544 N N N N N N N �•• p , DR to n Qf • toNA �� / 0 m NtD • N tD pp N t0 -tD 0 Cv tD O (0 (0 N.N5538 N N N N N N . } N t0 to v M ,7 N 0 0 0800N N () N N N N N N N N N N N N N N NWN �� Z i 5532> PINEWOOD 418 0_ . R D N N • 11) N to N Of h N t7) - r') N - t!) n - et 5526 co 1:0 o v co m o 00 0 00 .r N to 'n v r^) In (N - 0 0) CD CD n N .- .- _ 5520 N N N N N N N N N N N N N N N N (N (N N N N N N NN N N N N N ,C.:1,- N I I ) o' • u 5511 5511 54972 N Nal' 5 0 IIMI N N I N', 5472 5503 5504 5499 PIN EWOO D • N `V 5493 5494 5493 SCHOOL S5500 5480 5479 5485 5486 5485 R-2 1 In 5474 5473 5468 J 5475 5478 5475 _4 5468 5467 5464 5463 6.4 5467 .1I- 5462 5463 6s 5459 Q 5445 5454 5455 V) 5456 `rx3, 5453 V) 54475O os " v~) I '4 Q= 5446 oip. :44,,, 5447 4' 4. W 5440 5441 < � 5439 ~ ") Z 5434 5433 5433 M ^ '' 5426 5425 `I 5425 BELLELN 5420 5421 542• 5419 ncles "� ` 5414 5415 5414, n - r)Ttn _ CV N N N N 5401 In I r�I N — 0 I 0 5413 N (0N 0 to to (N ct 5406 5405 5406 N N N N CN N 5405 N N N N N N CV ;ON amu: Q DRIVE 53 0_ n Zoning Map Planning Case 532-98 Applicant: Tammy Bellamy / n Location: 2185 Pinewood Drive . 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Is Applicant: Tammy Bellamy m ,-=.. x:.£f}}iI# i. W i l I•,131 3 'gym 1=a i §: ii}1#. — s w — W; _= .,1>x. 3333Ifi Property: 2185 Pinewood Drive aL�==1 = R --°in=® 1 ;#=£Itritiilkllk,i,i CLQ �'t •3q M. ' •E,� -€:l I���. „i?1•x5€155£i a` '�,r.S,,,.:.'�"-7-----'-=.:.0,: 'm 9b Rlblli:$A> . Request: Conditional Use Permit =a:9�.,®i3131i#a -, lE.- ;� 181”,,ta: i.... . . q'i8 mm r: _i- 7 3€S33i?I#i'. (Oversized Accessory Bldg.) - W ;gt ;ro. .;,,::.. 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E I a 4, i I s • a) ® a) • ,> .r p 1 pt, 0U1 Is c:4a a) T./5 > w dE M I LIM 00 a) }a8a4S Aouino * a-DI ar O U ► a IIKI Wir.7CD La C co a. 1 t 11. 1 IS iiki flint*" N ea cn N 0 1 co ,_NeC N 4 . 4 *1014 c 0 N IVIII71 U .,.,, I 1014;" 1 1 0 ::.:-::. t illitni litialiallill _A Bei is uesign works (K), _Knox Lum`,r, , # 212, Phone # 483-541 / Thu Jul 09 16:48:59 19980 The materials in this garage will cost $3867.96 This Price does not ?Ian ID: CQ6282 Drawing: 3-Dimensional View a '13'.'Z: 1; '\ ' �e., rte --.•.....'" _ w ir ms„ �• -•� -,., �tz� '.4: Zi►.._ Nom. — �. „44 Saw .........,;lit. ....146....41/42.;1/4:34.41::dr......:::: -mmemzim.......1.4174tii:: r 1 : 1110. ��� your tE� '' •.Gi` ' - -i-A �.. yr ssvc1c- ► .44,40@►a ; r,µ7 . f w fF hz-,-7 /.,6. Ask For A Construction Detail Sheet Before You Begin Your Project _,...aabaa r vi nJ kt.), 1'i1V,1 Luiiiv 'r, , F :.1i., rnone rf 4&$-5411 "li u Jul 09 16:48:59 19980 Ilan ID: CQ6282 )rawing: Plan View 24' 1 • E a •1 ti ?� C1 ti ?3 A trQ E •Y E` iks I v 1 .i €l I gi 7 i .. tOt . ,-ji -:: :, ,t>,/ ih-rti--1 0- iz • • .c.,ii-o'---,fi NI, .71Z",),,- ' i ; / .its✓ ,r- -(7, _,/ i.,4 , .. 4L. 40i2 -,,)',--71_,..r-L.ej., 0.L.e___ A ,mac 6LA,1-- TO r 5 '°13'/ -47-2 ri-tette-_ (7,--) V...4,t.. ri_/, 0_,,) c>2 / g C ci.,,, ,:4_,j,- D -4-).-,4- _ . 2ctz / itA-' p-‘Prp .e,t-5-- A:. , ot-<-4--- _ ao ' 6L14--z-k-o-- -ed--1 a.cz a.,fr,) ,gycj ,c- z-- ,ecz-e-t-e---. 1-y- • Laliv a} -7 -7-1-d_ ,et_ (>-- -evi- -7--/--er a)t--;-c-:-- - -?-(t L-A e.,..,,,,,, a,z-z-- --z-k2- ‘-?/-ffitz' yr-'7- 2.0Jt.,- %,__ _,,k, ci,e- a-)-, f - „:.0/ ,., a.,..2.-Lz7L, r.152_ , e,,, Ax_e___. --e, trA-ez--,- -e-e"--. --i., 7,-Let-4_ &AA-41 pt-vg- , ,,, .v.,, Ja24-„7 ..0,-7,= tt,--g-6-&-- -7D ,,z.zr.„--eL, -,,-,-24-.- 72-'- `:"' to.., .,..4,4_, L4r...) .,., ,.1--_,,A.—..,_ ;°,,, ...r, .2),„ , ..„, 77, e:,,,f,„.4-r-7 , rr:--4--c----Ic_ .ro-E4 , 0/ ` � V. f . 5 RESOLUTION NO. 5263 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED GARAGE AT 2185 PINEWOOD DRIVE REQUESTED BY TAMMY BELLAMY; MOUNDS VIEW PLANNING CASE NO. 531-98 WHEREAS, Tammy Bellamy has applied for a conditional use permit to construct a 1,008 square foot garage on property located at 2185 Pinewood Drive; and, WHEREAS, 2185 Pinewood drive is zoned R-1, Single Family Residential, and legally described as followed: Lot 32, Block 8, Pinewood Terrace No 3 Ramsey County, Minnesota WHEREAS, The Mounds View Zoning Code allows, with a conditional use permit, up to 1,264 square feet of garage/accessory building on one lot; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. Location Map d. Existing and Proposed Site Plans e. Area"Structure Footprint" Diagram f. Letter from Janice Halan, 2193 Terrace Drive WHEREAS, the Mounds View City Council finds that the dimensional requirements in Chapter 1104 the Zoning Code for this proposal have been met; and, WHEREAS, the Mounds View City Council makes the following findings that possible adverse effects have been considered in its recommendation, as required by Section 1125.01 Subd. 1.e.: 1. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality,appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property,2185 Pinewood Drive,low-density residential. This Resolution 5263 September 14, 1998 Page 2 proposal does not conflict with the Comprehensive Plan. 2. The Geographical Area Involved. 4. The Character of the Surrounding Area The subject parcel is of the same size or larger than most of the lots within a two block radius. The building footprint diagram clearly shows that in this area of the City,there already appears to be garages as large as what is proposed at 2185 Pinewood Drive,some of which larger than their principal structures,again as would be the case at 2185 Pinewood Drive. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. There is no reason to believe that a 1,008 square-foot garage would negatively impact the property values of the subject property or those adjacent to it. The case could be made that with ample storage space within the garage,there would be fewer vehicles parked outside and less clutter about the property. This type of transformation could result in a positive effect to the neighboring properties. 5. The demonstrated need for such a use. The applicant has multiple vehicles and owns and operates a race car as a hobby, and has a car hauler upon which to transport the vehicle. The car hauler does not currently fit into the existing garage,and thus is kept outside in full view of the neighborhood and vehicles passing by on County Road I. Constructing the garage as proposed would allow the car hauler and the race car to be stored inside. 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. The construction of an oversized garage will not create a greater impact on existing public facilities or services,on utilities or access roads,nor will it create an increase in traffic on adjacent streets. The increase in runoff from the larger structure is not significant and will not affect the drainage system. (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 placement of the garage would be such that the bulk of the structure would be hidden from street view and shielded by mature trees in front and privacy fences on either side. This will provide adequate screening, and will preserve the residential character of the neighborhood. Resolution 5263 September 14, 1998 Page 3 (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. Garages are typical uses in residential areas,and allow for storage of vehicles and other equipment. Having this garage will allow for the property owner to store vehicles, a car hauler and a race car in the garage instead of out in the open. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit to allow a 1,008 square-foot garage at 2185 Pinewood Drive with the following stipulations: 1. The conditional use permit shall be recorded with Ramsey County within 60 days of City Council approval, and a receipt of such recording shall be provided to the City of Mounds View. 2. The garage shall be designed and maintained to provide a uniform building appearance with the house. 3. The garage shall not be used for living space or other uses not allowed by the district in which it is located or by the Zoning Code. Should the use change for which the permit was granted, the conditional use permit shall become null and void. 4. No other sheds or accessory buildings shall be allowed on this lot. 5. The driveway leading to the garage shall be improved with a permanent surface material of either concrete or asphalt which shall be accomplished in conjunction with the garage construction or within three months of its completion. 6. Upon the completion of the garage, exterior storage of materials and other items as outlined in Section 607.03 of the Mounds View Nuisance Code shall cease to exist. 7. All vehicles parked at the property shall be parked either upon the driveway's improved surface or within the garage. At not time shall a vehicle be allowed to park upon the grass or off of the improved surface. Any violations of this shall result in the issuance of Ramsey County Court Citations. 8. The applicant shall install a section of privacy fence between the garage and the west property line, tying into the existing privacy fence installed by the adjacent property owner. 9. The applicant shall enter into a development agreement with the City. Resolution 5263 September 14, 1998 Page 4 Adopted this 14th day of September, 1998. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/ Administrator (SEAL) N:\DATA\GROUPS\CO MDE V\DE V CASES\531-98\5263 CC.RES rI Resolution No. 5265 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota A resolution certifying the 1999 proposed operating budget and property tax levy, and setting the date for a public hearing on said budget and levy pursuant to State Statutes. WHEREAS, State Statutes require taxing jurisdictions to adopt a proposed levy on or before September 15th for the subsequent year; WHEREAS, said Statutes also require taxing jurisdictions to select a date for a public hearing and continuation hearing, if necessary, on its budget and proposed property tax levy. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Mounds View, Minnesota: 1) Pursuant to State Statutes, the following proposed 1999 Budgets are hereby adopted: General Fund $3,625,499 Fire Bonds 80,151 2) Pursuant to State Statutes, the following proposed 1999 property tax levy (net levy after deducting homestead and agricultural credit aid) is hereby adopted: General Fund $1,680,211 Fire Bonds 80.151 Total $1,760,362 3) A public hearing on the Proposed 1999 Budget and property tax levy will be held at 6:00 p.m. on November 30, 1998 in the Council Chambers at City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Should it be necessary to continue the meeting at a later date, such continuation meeting will be held at 6:00 p.m. on December 7, 1998 in said Council Chambers. Adopted this 14th day of September, 1998. Mayor Clerk-Administrator Item No. /1' Staff Report No. Meeting Date: 9/14/98 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: Rick Jopke, Community Development Director Item Title/Subject: Resolution No. 5266 Approving a Development Agreement with Anthony Properties Management/Louise O'Neil for the Proposed Theater Development Date of Report: September 10, 1998 Summary: At the September 8, 1998 work session the City Council reviewed a draft of the proposed development agreement with Anthony Properties Management/Louise O'Neil for the proposed theater development. The attached development agreement is the same as the one handed out at the work session with the exception that section 3.11 concerning access to County Road H2 has been eliminated and section 3.12 concerning choice of law and venue has been renumbered as 3.11. Recommendation: Staff recommends that the City Council adopt Resolution No. 5266 approving the development agreement with Anthony Properties Management/Louise O'Neil and authorizing the Mayor and City Administrator to sign the document on behalf of the City. cek Rick Jopke, C unity Development Director N:\DATA\USERS\RICKJO\SHARE\914981 TH.RPT RESOLUTION No. 5267 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION CALLING FOR THE FORMATION OF A CITIZENS COMMITTEE TO REVIEW THE CITY'S STREET CONSTRUCTION, ASSESSMENT AND FINANCING POLICIES AND PROCEDURES WHEREAS, the Mounds View City Council has reviewed city policies and procedures regarding street construction, assessing and financing during the Spring Lake Road reconstruction project; and, WHEREAS, significant resident input during the Spring Lake Road reconstruction process raised new questions about the city's policies and procedures leading to the call for a general reevaluation of those policies and procedures; and WHEREAS,future street reconstruction projects and the city's ability to finance those projects need to be determined; THE MOUNDS VIEW CITY COUNCIL DOES HEREBY RESOLVE that a committee be established to review the street reconstruction and assessment policies andthe city's financing abilities pertaining to thoR policies. This committee shall be titled the Streets Policies Committee and is called upon to report in writing to the City Council at the Council's regular meeting of January 11, 1999 on the committee's evaluation of the city's current street reconstruction and assessment policies and the city's ability to finance reconstruction projects,and recommendations and reasons for changes. The committee will also provide a preview of their report to the City Council at its January 4, 1999 Council work session. The Streets Policies Committee will cease to exist after its January 11, 1999 unless called upon by the City Council for further direction. IT IS FURTHER RESOLVED THAT the committee will consist of twelve members appointed by the City Council no later than October 12, 1998. The twelve members will select a chair to run meetings,a vice clair to run meetings in the chair's absence, and a secretary to record meeting proceedings. All committee meetings are to be held in accordance with the city's open meeting policies and,under the direction of the chair, allow for resident input pertaining to committee discussion during rreetings. All meetings will set by the committee with the exception of the first meeting which is to beset by the City Council. All meetings will be held at Mounds View City Hall with proper notice. The committee, at the direction of the chair with coordination with the city administrator,may make reasonable use of city staff and resources for the work of the committee. The city administrator is hereby directed by the City Council to publish notice calling for applicants for the committee. Adopted by the Mounds View City Council this 14th day of September, 1998. Attest: Duane McCarty,Mayor • Charles S. Whiting, City Administrator RESOLUTION NO. 5266 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH ANTHONY PROPERTIES MANAGEMENT/LOUISE O'NEIL WHEREAS, the above-described property is zoned PUD, Planned Unit Development; and, WHEREAS,The City has approved a Planned Unit Development plan for Anthony Properties Management/Louise O'Neil on the property legally known as: The Southwest 1/4 of the northwest 1/4 of Section 8,Township 30,Range 23, lying southwesterly of State Trunk Highway No. 10-62, according to the United States Government Survey thereof and situate in Ramsey County,Minnesota and all that part of the northwest 1/4 of the northwest 1/4 of Section 8, Township 30,Range 23, lying southwesterly of State Trunk Highway No. 10, according to the United States Government Survey thereof and situate in Ramsey County,Minnesota. WHEREAS, the City requires that developers enter into development agreements with the City where additional public improvements are to constructed as part of the proposed development; and WHEREAS, the proposed development will require the construction of additional public streets, public utilities, and intersection improvements NOW,THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the attached development agreement and authorizes the Mayor and the City Administrator to sign the development agreement on behalf of the City. Adopted this 14th day of September, 1998. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator N:\DATA\GROUPS\COMDEV\DEVCASES\517-98\517-98DA.RES iwIo'oiololoiololol Iw o 0 0l0 0l0 oloi '<Id 0161616 00 0 =I0010 � � � � 0 <YiCONco in M CO1 0 J W > w I0 W 0 0 0 0 0 0 0 0 Er0 0 0 0 0 0 0 0 < 0 0 0 0 0 0 0 0 0co o O O 0o 0) � ti0N �1- d' i-- to N Eft Eft v' V 69.69. Et} 1- 00000000 U) 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 ✓ o000000 000lol0000 J I- IQcoNcc � N- d0' NCO Z E-- r e- Eft N- e- EF) Ef} CD w 0 Ef) Ef3i 693 E/9• Ef} 1- ILI> 0 O �Q � a 2 co z w 0 I - - i os1 cn w 'I� I- iz z Hu8i ;0 Ii- I3;o 1Q ' I'5v o= ZIo QwZaZ R!Cto0cn = 'o = _I clzwio0, WlwIF-' I ' 10 U J'�0 Q � f- O D 0 iU..1 ,I-1-1 nJO �O =1w~ WW� w ' O ~' Z ,> z I I - O'II' I, I�_ �I W Z! l- Z!O 0 Q, O l i�lW!Ol�ioloI Y cnlZ 0 0 �i Q ! U1 lz!Z �l Q1 1- I uu. Z1I- W w =I Qi(xC'l0i0 0 >-!_.110 FE I I s011-11l0 o '= <1 E 1—'i--;0_;2iwwU OI 0 w r-=INIM1it, c) r, 1--j w EXECUTION COPY DEVELOPERS AGREEMENT THIS AGREEMENT is made this day of , 1998 by and between the CITY OF MOUNDS VIEW. a Minnesota municipal corporation (the "City"). and ANTHONY PROPERTIES MANAGEME T, INC.. a Texas corporation, and LOUISE O'NEIL. an individual (collectively the"Developer"). Recitals A. The Developer is the fee owner of certain real estate located in Ramsey County. Minnesota.legally described as The southwest 14 of the northwest 1/a of Section 8, Township 30. Range 23, lying southwesterly of State Trunk Highway No. 10-62. according to the United States Government Survey thereof and situate in Ramsey County. Minnesota, and all that part of the northwest 14 of the northwest rh of Section 8. Township 30, Range 23. lying southwesterly of State Trunk Highway No. I0, according to the United States Government Survey thereof and situate in Ramsey County,Minnesota. (hereinafter referred to as the "Property"). B. The Developer shall construct on the Property improvements consistent with the approved site plan dated May 11, 1998 and approved by the City Council on May 11. 1998. which involves the construction of a 2160 seat 15 screen movie theater.three (3) 11.000 square foot office buildings.a 5.000 square foot restaurant,and a 6.400 square foot retail/restaurant building. C. The Developer has requested that the City appmve the issuance of building permits ("Permit")for this project. D. As a prerequisite to the approval of the Permit the City Council requires the Developer to agree to the construction of certain public improvements pursuant to this Agreement for the orderly development of the Property. E. The Developer is required to construct and install at its sole expense certain street grading. drainage, landscaping and other public improvements as required by City ordinance (the "Improvements"). Agreement In consideration of each party's promises as set forth in this Agreement, it is mutually agreed as follows: sla.t.9487 1 uu2ro.8 1SZ-d Zl/Z0'd 910-1 9lEe1EEZl9 N3AYa9 7 da3NN3)I-word wdgl,E9 Re-al-des ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right. power and authority to execute, deliver and perform its obligations under this Agreement. The City assures the Developer that the individuals who execute this Agreement on behalf of the City are duly authorized to sign the same on behalf of the City and to bind the City thereto. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer collectively consists of Anthony Properties Management. Inc.. a Texas corporation,and Louise O'Neil.an individual. B. The Developer has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The Developer assures the City that the individuals who execute this Agreement on behalf of the Developer are duly authorized to sign on behalf of the Developer and to bind the Developer thereto. C. The Developer is not in default under any lease,contract. or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement The Developer is not a party to or bound by any mortgage, lien, lease, agreement instrument order. judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement D. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances and regulations including, without limitation, any permits. licenses and applicable zoning. environmental, or other laws, ordinances, or regulations affecting the Property or the Improvements. The Developer is not aware of any pending or threatened claim of any such violation. E. There is no suit, action, arbitration or legal. administrative or other proceeding or governmental investigation pending or threatened against or affecting the Developer or Property. The Developer is not in default with respect to any order,writ, injunction or decree of any federal, state,local or foreign court department,agency or instrumentality. F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. G. The Developer has sufficient funds or has obtained a commitment for financing in SJR-t49437 2 MU210-s YSZ-d Zl/E0'd 0,0-1 OLEB1EEZl9 N3AV89 I A43NN3)t-W014 WdET EO 9B-Ol-des an amount adequate to finance construction of the Improvements and has obtained a commitment from Carmike Cinemas, Inc. (`Tenantl in an amount adequate to finance construction of the Improvements. ARTICLE TWO CONSTRUCTION OF IMPROVEMENTS 2.01. Agreement to Construct Imiovements. The Developer agrees to construct the Improvements, including the street, grading. drainage. landscaping and other public improvements required by City ordinance for development of the Property. The Improvements are more fully described in the plans and specifications approved by the City, which are entitled O'Neil property PUD Plan, prepared by Sunde Engineering, Artech Design Group. Inc. and Boarman Kroos Pfister Vogel and Associates and are date-stamped May 11, 1998 (the "Plans"). A final copy of the Plans must be filed with the City prior to commencement of construction of the Improvements. MI labor and work performed by the Developer in connection with construction of the Improvements will be done and performed in the best and most worker--like manner and in strict conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. Construction of the Improvements shall be completed no later than one year from the issuance of the Building Permits required herein. 2.02. Obtainine Permits. The Developer shall obtain in a timely manner and pay for all permits. licenses. and approvals required in connection with construction of the Improvements. The Developer shall meet in a timely manner the requirements of all applicable local. state. and federal laws and regulations which must be met before the Improvements n'ay be lawfully constructed. Specifically. prior to obtaining any building permits or grading permits as required under this Section 2.02 or otherwise,the Developer shall complete the following requirements: A. The City shall obtain permit approval from the Minnesota Department of Transportation (MNDOT) for the construction of deceleration/acceleration lanes onto Trunk Highway 10, the construction of two ac cesc drives to the property, and for any regrading within the MNDOT right-of-way. The City shall work with MNDOT concerning the construction of the relocation and realignment of Edgewood Drive, median and turn lane work on Highway 10. signal construction. and other improvements to provide access to the site as approved in the letter dated May 11, 1998. The City will use its best faith efforts to complete the intersection in a timely manner. B. The Developer shall enter into the Agreement with the City. Developer reserves the right to approve plans and specs for construction of improvements provided for in Section 2.02A of this Agreement Surety will need to be provided in an amount to be determined by the Director of Community Development for construction of the Highway 10 and Ramsey County right-of-way improvements unless either MNDOT or Ramsey County requires such surety as,a part of their respective agency permits. This Agreement shall be executed prior to the issuance of building permits. C. The Developer shall obtain permit approval from the Rice Creek Watershed District for drainage or ponding. SJR-t 49487 3 M11210.S t9Z—d Zl/Pad OPD-1. OlE82EEZ19 UAW!! 7 Aa3NN3N—Wold mdEl:EO 9B-Ql-des D. The Developer shall dedicate a separate cross access and parking easement document which allows joint use of the access points,internal drive, drive aisles and parking by theater, office buildings. and the retail/restaurant sites. The cross access and parking easement documents shall be approved by the City Attorney as to form. E. The Developer shall obtain approvals from Ramsey County for the final grading and drainage plans, final plat, access and construction on County right-of-way, and a utility permit for construction within the County right-of-way. F. The developer shall obtain a general stormwater permit from the Minnesota Pollution Control Agency. G. The Developer shall record with Ramsey County the necessary design theme easement over and across the subject property as shown on the Plans and provide proof of such recordation before the Mayor and City Administrator affix their respective signatures to the approved Final Plat. H. The Developer shall record with Ramsey County the drainage and utility easements over and across the subject property and provide proof of such recordation to the City before the Mayor and City Administrator affix their respective signatures to the approved Final Plat. 2.03. Staking, Surveying, and Insvections. The Developer must provide for all staking. surveying and inspections for the Improvements in order to ensure that the completed Improvements conform to the Plans. The Developer shall contract for a full-time. on-site inspector of the City's choosing during and for the duration of all public utility installation and shall be responsible for the costs of such inspection services in an amount not to exceed S1.000. The City will provide for general inspection. The Developer shall notify the City in advance of all tests to be performed regarding the Improvements. 2.04. Time for Developers Performance: General Provision. The Developer agrees that it will commence work on the Improvements no later than thirty(30) days after the date of building permit issuance and shall complete the Improvements no later than twelve (12) months after the date of building permit issuance. In the event of a "phased" construction schedule. each phase shall be subject to its own timeline based upon the date of issuance of the building permit The City may at its discretion extend the dates specified in this Section 2.04 upon receipt of written notice front the Developer of the existence of causes which will delay the completion of the Improvements if such causes are ones over which the Developer has no control and which could not have been reasonably foreseen by the Developer. If an extension of the date of completion of the Improvements is granted by the City, the Developer must continue the performance bond required by this Agreement to cover the work during the extension of time. 2.05. Additional Work or Materials. Construction of the Improvements shall be done by the Developer. The Improvements shall be constructed at no expense to the City. The Developer shall not do any work or furnish any materials for which reimbursement is expected from the City,unless such work is first ordered and reimbursement is approved by the City. Any work or materials SJR-149487 4 MU21 o4 P Z-d Zl/50'd Oq0-i 01E81EEZI9 NAY 7 Aa3NN3A-waJd ludim:EO ee-Oi-des which is done or furnished by the Developer without prior written order is furnished at the Developer's risk. cost and expense. and the Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 2.06. Financial Guarantee. Prior to commencement of construction of the Improvements, the Developer agrees to furnish the City a performance bond, certified check, certificate of deposit irrevocable letter of credit or cash escrow in the amount of 150% of the developer's share of the City's estimated costs for the Improvements (the "Financial Guarantee") as set forth in Exhibit"A". The Developer's estimated cost for the Improvements is $187500. Upon failure of Developer to perform, the City may declare the Developer to be in default under this Agreement and upon failure of the Developer to cure the default within 30 days of written notice. may demand the Financial Guarantee be paid over to the City. From the proceeds of the Financial Guarantee. the City shall be reimbursed for any attorneys' fees, engineering fees or other technical. administrative or professional assistance, and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City in the event that the Financial Guarantee is inadequate to reimburse the City for its costs and pay for the completion of the Improvements. 2.07. Insurance. The Developer or General Contractor shall furnish proof of insurance in an amount of at least $1.000.000. acceptable to the City. covering any public liability or property damage by reason of the operation of the Developer's or Developer's General Contractor equipment or laborers in connection with the Improvements. Developer agrees to require the General Contractor to keep the insurance in force at all times during construction of'the Improvements and until acceptance thereof by the City. The insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days' written notice prior to cancellation or termination of the insurance policy. 2.08, Unsatisfactory Labor or Material. After the City's review of the plans and specifications for the improvements, and prior to construction, in the event that the City rejects as defective or unsuitable any material or labor to be supplied by the Developer regarding the Improvements. the rejected material must be replaced with approved material to the specifications and approval of the City and at the sole cost and expense of the Developer. 2.09. Final Inseection/Accettance. Upon completion of the Improvements, representatives of the City and the Developer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City must be satisfied that all work is satisfactorily completed in accordance with the Plans, and the Developer's engineer shall submit a written statement attesting to the same. The City shall have no obligation to accept the Improvements if they are not consistent with the Plans or not in compliance with all City ordinances and standards related thereto. Final approval and acceptance of the Improvements shall be by a resolution duly adopted by the city council of the City. 2.10. Warranty on Property Work and Materials. The Developer warrants all work required to be performed by it under this Agreement regarding the Improvements against defective material and faulty workership for a period of one (l) year after completion and acceptance by the City. except that the warranty period for the street, drainage. and erosion control portions of the Improvements shall be for two (2)years after completion and acceptance by the City. All trees. grass. sod or other landscaping installed in connection with the Improvements are warranted to be alive. of good SrR.t41907 5 Mt.t21 a8 q9Z-d Z1/90'd Oq0-1 01E8/EMS MO 7 Aa3NN3)I-w014 wddt;gp q8-qt-deg quality, and disease free for one year after planting. Any replacements of same shall be similarly warranted for one year from the time of planting_ The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty(30) days of receiving demand for such work from the City,weather permitting. 2.11. Records and Plans. Upon completion of the Improvements, the Developer shall provide the City with a full set of mylar as-built plans for the City's records. 2.12. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by the City, the Developer shall furnish the City a copy of the General Contractor's one-year maintenance bond guaranteeing the Improvements. 2.13. Indemnification. Notwithstanding anything to the contrary in this Agreement. the City. its officers, agents. and employees shall not be personally liable or responsible in any manner to the Developer,the Developer's contractor or subcontractors.material suppliers.laborers.or to any other person or persons for any claim. demand. damage, action, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer agrees to save the City. its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to. attorneys fees, consulting engineering services, and other technical. administrative or professional assistance. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes.Chapter 466. 2.14. Compliance with Existing Laws. The Developer will require the General Contractor and architect to perform all work pursuant to this Agreement in compliance with existing laws, ordinances. pertinent regulations.standards,and specifications. ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Maintenance. The City will do normal maintenance and snowplowing and the Developer or the Developer's tenant will be responsible for any additional plowing and maintenance which is necessary to maintain safe conditions due to the Developer's street design which is distinct from the City's normal design. 3.02. Attorney Fees. The Developer agrees to pay the City's costs and expenses.including attorney fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement and the City is the prevailing party in the suit or action brought by the City against the Developer. The City agrees to pay the Developer's costs and expenses. including attorney fees,in the event a suit or action is brought by the Developer against the City to enforce the terms of this Agreement and the Developer is the prevailing party in the suit or action brought by the Developer against the City. 3.03. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. $JR.I d9487 6 MUZt0.8 q9Z-i Zt/10'd Ota-i OtE81E£Zl9 0.0n '} Aa3NNMI-W0J4 WdCI:'fi cm-Ill-dgc 3.04. Assignment. The Developer may not assign any of its obligations under this Agreement without the prior written consent of the City. 3.05. Agreement to Run with Land This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the for- egoing. no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing_ 3.06. Representatives Not Thdividually Liable. No officer, agent or employee of the City shall be personally liable to the Developer,or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 3.07. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,postage prepaid,return receipt requested,or delivered personally: (a) as to the Developer: Anthony Piopc,ties Management. inc. 12770 Coit Road,Ste. 1170 Dallas.TX 75251 Attn: R.Jay Anthony Ms. Louise O'Neil clo Joe Beaton 3109 Hennepin Avenue South Minneapolis,MN 55408 with a copy to: Carmike Cinemas.Inc_ 1301 First Avenue Columbus.GA 31901 Attn: J. Kevin Flyrm Novakov.Davidson&Flynn 2000 St.Paul Place 750 St.Paul Dallas.TX 75201 SJR.1419487 7 MUZlas - tSZ-d Zl/90'd OqO-1 OlE8IEEZt9 N3AV219 V Aa3N01-war wdgt:Eg gg_n_deg (b) as to the City: City of Mounds View 2401 Highway 10 Mounds View,MN 55112-1499 Attn: City Administrator with a copy to: Scott I. Riggs KENNEDY&GRAVEN, CHARTERED 4.70 Pillsbury Center 200 S.Sixth Street Minneapolis,MN 55402 or at such other address with respect to either such party as that party may, from time to time. designate in writing and forward to the other as provided in this section 3.07. 3.08. Park Dedication Fees. The Developer agrees to comply with any park dedication requirements, including payments in lieu, which may be required by the City's subdivision regulations. 3.09. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary. principal and agent. limited or general partner.or joint venture between the City and the Developer. 3.10. Counterparts. This Agreement may be executed in any number of counterparts. each of which shall constitute one and the same instrument 3.11. Choice of Law and Venue. This Agreement shall be governed by and consttued in accordance with the laws of the state of Minnesota Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota. and all parties to this Agreement waive any objection to the jurisdiction of these courts. whether based on convenience or otherwise. snt-149487 g 4rurto-x q9Z-d Zl/a0'd OPO-1 OtEBAEEZ19 N3AYN9 7 A43NN3N-ww4 wd91:E9 98-0l-des IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUNDS VIEW By Mayor By City Clerk ANTHONY PROPERTIES MANAGEMENT.INC. By Title LOUISE O'NEIL STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of . 199by Duane McCarty and Charles S. Whiting, the mayor and city administrator. respectively. of the City of Mounds View. a Minnesota municipal corporation. on behalf of the corporation. Notary Public SJR-149487 9 144U21e-8 1Z-4 Zl/ul'd 9q0-i alEWEZl9 N3AY89 7 A43NN3N-W014 md,l Ea ae-n�-deQ STATE OF TEXAS ) SS. COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this day of . 199_by R. Jay Anthony. the President of Anthony Properties Management. Inc., a Texas corporation. on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 by Louise O'Neil. Notary Public This document drafted by: KENNEDY&GRAVEN,CHARTERED 470 Pillsbury Center Minneapolis. MN 55402 (612) 337-9300 SJR.ta9d87 10 MtUZ10-R YSZ—d Zl/ll'd a'o-1 OLEBREZl9 V?AY?I11 V .trIlUOV-WOJJ mdiircn oo_ni—riot. Exhibit"A" EDGEWOOD DRIVE/HIGHWAY 10-INTERSECTION IMPROVEMENTS ESTIMA1Jv TOTAL CITY SHARE DEVELOPER COST SHARE 1. TRAFFIC SIGNAL 5130,000.00 597.500.00 532.500.00 2. TURN LANES TO S120.00.00 $0.00 $120,000.00 THEATER 3. PORTION OF THEATER $35.000.00 $0.00 $35,000.00 ENTRANCE WITHIN ROW 4. MEDIANrrURNLANES $115.000.00 $115,000.00 $0.00 TO EDGEWOOD 5. EDGEWOOD DR. $170,000.00 $170,000.00 $0.00 RELOCAITON 6. EDGEWOOD DRIVE $40,000.00 $40.000.00 $0.00 CUL-DE-SAC 7. CITY HALL PARKING 520.000.00 $20.000.00 $0.00 LOT CHANGES TOTAL $630.000.00 $442,500.00 $187.500.00 SIR-149487 1 1 MU210.8 PSZ-d Zt/Zi'd Oto-1 Ot£81££Z19 N3AYa9 7 Aa3NN3N-W0Jd Wd1t:£0 88-at-day