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}• ;:•:;:i?nv,::::<}}}:}•::?::n::i::'#::v:•}}:•::ti 24}.`ititi,.i:;4`::y::::F:n..::... :v:h:v'•x:}v:.'• ::::....:n'v ..v . ...... .n ....•!�i :•}�`.{ .: ...?h 4}}.v :::•},}}•i{i?...?•::•t•}::ri`•::::... vJ:::•}Y::•:i:?{4.v}::::::{4:{4v.??:1•r': }•:.:.?•.........n::•}:•:v::::i::ti'i}}: •i' ::•�#1�•u:•1•�..•:n ::. ..:•.......v.... .:...:....... . .::...n..:..............::.....r...........r..:+• ...............................::..v:::;:v:::::::n•;:.•:;...,;..:....v.::,:.}•::::::;nw::;nv:n:v::::::::n•.v::::..v......,, .:: :::v.:v:::::::.r•.v::::;...............f..:.::::.:•.•..v:x::wn•.vvvnv;nv,..v:•:r............+ The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents anda Councilmember's personal judgement. Ifyou have comments, questions or information regarding an item on the agenda,please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor”item on the agenda. Please state your name and address for the record. All comments are appreciated A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1111 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL- Linke _Quick _Hankner _ Trude —Blanchard • 4. Agenda Additions Item 1: Item 2: Item 3: 5. APPROVAL OF COUNCIL MINUTES: September 23, Regular Council Meeting COUNCIL ACTION: A T D • Comments: AGENDA PAGE TWO OCTOBER 14, 1996 • 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: EDC Minutes- August 22, 1996 COUNCIL ACTION: A T D Comments: 7. SPECIAL ORDER OF BUSINESS: A. Presentation of Proclamation Stating October 14 - 18, 1996 as Minnesota Manufacturers Week in Minnesota. Staff Report No. 96-1868c. COUNCIL ACTION: A T D Comments: 8. CONSENT AGENDA A. Approval of Resolution No. 5026 Approving Just and Correct Claims Against City Funds. B. Adoption of Resolution No. 5023 Approving a Wage Adjustment for Tammy Saefke, Recording Secretary. Staff Report No. 96-1869c. C. Adoption of Resolution No. 5024 Approving a Step Adjustment for Richard Kajawa, Custodian. Staff Report No. 96-1870c. D. Readoption of Resolution No. 4977 Approving a Conditional Use Permit to Allow an Oversized Garage for Church Upon the Rock, 7901 Red Oak Drive, Planning Case No. 451-96, to Add a Legal Description and Correct a Typographical Error in the Dimensions Allowed for the Oversized Garage so They Read 24'x 52'. Staff Report No. 96-1871c. E. Licenses for Approval HVAC-New B&D Plumbing&Heating • J. Smith Heating&Air Conditioning AGENDA PAGE THREE 110 OCTOBER 14, 1996 HVAC-New(continued) BJ&M Plumbing&Heating Co. S&W Heating Total Air, Inc. Sewer/Water-Renewal Schulties Plumbing, Inc. Cichy's Water and Sewer Asphalt-New Metro Paving, Inc. Other-Renewal Herbst& Sons Construction Co., Inc. Sign-Renewal DeMars Signs, Inc. 1111 COUNCIL ACTION: A T D Comments: 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOD Citizens'comments are encouraged to allow individual citizens to address the Council,as a whole,on a matter of interest or concern to the citizens. The preservation of the Citizens'Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link a speaker is limited to three(3)minutes. it{:i'i:`•:?:•i:?•i:•}?:•}}:;::yiti�i:::•'ii::::vi •.vi.. :i:{2:::ii:•::i::i:{:}iy?�vk�ii:3iY:±:}::Yi::•:':' iigiii ::.Lv;}:::::.{•:•:•:6......v .$ti{n'i::;ti:}:;:ji;:;'i,'ii{v ::::::;:;v.•v. ;:j�.:L�:•:i:•:ii:•}:i?v......... isC�r::::•:}:iii:;:yv;'i':�:•::i?}:?{iii:}i�:>.�iv:•::•.:i:}<:�::::}:ri%i::ii:•:•:•:•::':iiiivi:�ii�:•isi{:'ti'r:��ii�i::;v.;i:{yi;:•:ti�:<':.'•ii:•:?.:•}:::.v:•::•:?:v::4:????4i?}: {�h,, x{ .�•:!'!.#t•: -�M?7F5':: iM :� }+'•+.?....#ti..n•�•:$�h•}:..:..'r:..:::::.•?:{ti:••.;L::ti+•,i.{;:S?:;:;iirv.:ii': +4}:•}}}•::nvw::.v::•:r:.}:•}.:.........:.:.:..........::....................:::.•:v:w:...v.::::.vv:w::.v:::.•::.:v:::..;;.....n........................n....................................A.++�..... ... v: }:r} :i}¢`�t'::tit:isti??.i{Si::is{.iso::ti::?i:iii:;>'::i:•:::•.••••: ��••�rfi:•:•{t:::•.:i::•:•i:?+.:.:i;:;:;:;i:�: {ii:.i ii�i:i:•:•:•ii ini:•i:4::}::i�:•:�?'y.:•: •?:•: •'••••��•,••'..?....':v•v.•...'.,-:'••ji ••`{•• � .� ::''::l'i,:;ti:ilii i:�iii:?{:::i:i...:...:..:.v::n.r L•}'r' ��i::i:::�:??ii?�iii}}}:•:4?}}}iiii:•}}}}}}:{?4:??4}}}}}i}}:•}:•?}y}}v:.v::w.v. iiiii iiii iii AGENDA PAGE FOUR OCTOBER 14, 1996 10. PUBLIC HEARINGS 7:05 p.m. Public Hearing in Consideration of Ordinance 591 Relating to Licensing, Amending Title 500, Chapter 502 and 503, Sections 502.03, 502.06, 502.07, 503.03, 503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. Staff Report No. 96-1872c. (Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A T D Comments: 11. COUNCIL BUSINESS: A. Consideration of the Adoption of Ordinance 591 Relating to Licensing, Amending Title 500, Chapter 502 and 503, Sections 502.03, 502.06, 502.07, 503.03, 503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. Staff Report No. 96-1873c. (Staff Presenter: Cathy Bennett, Economic Development Coordinator) ROLL CALL VOTE Mayor Linke Councilmember Trude Councilmember Blanchard Councilmember Hankner Councilmember Quick COUNCIL ACTION: A T D Comments: B. Consideration of Granting a Limited Use Agreement to Mr. Benjamin T. Doll to Allow a Concrete Driveway in a Portion of the Unimproved Right-of-Way for Greenwood Drive East of 2601 Sherwood Road. Staff Report No. 96-1874c. (Staff Presenter:Jim Ericson, Planning Associate) COUNCIL ACTION: A TD Comments: AIP AGENDA PAGE FIVE OCTOBER 14, 1996 • C. Consideration of Resolution No. 5028 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment to Those Property Owners Affected by the Reconstruction of Bronson Drive. Staff Report No. 96-1875c. (Staff Presenter:Mike Ulrich, Public Works Director) COUNCIL ACTION: A TD Comments: D. , Consideration of Resolution No. 5027 Rescinding Resolution No. 4987 Establishing a Uniform Schedule of Fees and Charges. Staff Report No. 96- 1876c. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A TD Comments: • E. Consideration of Resolution No. 5022 Approving the Recycling Grant Request to Ramsey County and Authorizing Acceptance of any Allocated Funding. Staff Report No. 96-1877c. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A TD Comments: 12. REPORTS 1. Report of Councilmembers: Trude: Hankner: 101 Blanchard: Quick: AGENDA PAGE SIX OCTOBER 14, 1996 2. Report of Mayor Linke: 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORK SESSION: NOVEMBER 4, 1996 NEXT COUNCIL MEETING: OCTOBER 28, 1996 13. ADJOURNMENT y i CITY Cf CITY OF MOUNDS VIEW Agenda Section REQUEST FOR COUNCIL CONSIDERATION Report Number: • OrgAIP.VSTAFF REPORT Report Date: 10/10/96 0 � r ,:,h .7 .p, v:.:::,, , CITY COUNCIL MEETING DATE — Special Order of Bus. .–es'.Partn¢o°s October 14, 1996 — p Consent Agenda Public Hearings Council Business Item Description: Review of September 23, 1996 City Council Meeting Minutes and Subsequent Consideration of Resolutions 5029 and 5030. Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary:,Some questions were raised about whether the City Council should have accepted Sue Hankner's resignation and the ensuing declaration of vacancy by resolution instead of by motion. Mounds View City Charter requires that a resolution be passed for this type of action and the Council may want to consider affirming their actions of the last meeting by adopting resolutions 5029 and 5030 as drafted by City Attorney Bob Long. Bob and I discussed the appropriate way in which to do this, either by having the Council amend their minutes of the September 23 actions to reflect the actions as resolutions, or to simply proceed with the normal adoption of the minutes and then readdress the actions with reaffirming resolutions. The reason for this is as much consistency with past practice as with anything else. have also asked Bob to send me a letter outlining the position he stated regarding the Council's appropriate 111 course of action for accepting the resignation and then declaring a vacancy. As the Council is aware by now, much of this is being questioned by the Charter Commission, with the essential concern being that without a special election, voters will be voting for two candidates for three seats. The timing of the resignation, after the notice of filings close, has the most to do with that situation. I expect to have Bob's letter by Monday and will forward copies to the Council as soon as possible. As for Monday evening, I recommend the Council ask Bob to review the option to adopt the two resolutions at the time the Council is reviewing the Council minutes. If the Council chooses, it can approve the minutes with the actions as motions as it happened, then add to the agenda the two resolutions reaffirming the actions. Also, the Council may want to take this opportunity to acknowledge the resolution it received from the Charter Commission last week. C4442.0 -4. Chuck Whiting, Cit Administrator RESOLUTION NO. 5029 . 411) CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING COUNCILMEMBER HANKNER'S LETTER OF RESIGNATION Whereas, Councilmember Hankner at the September 23, 1996 Council Meeting submitted to the City Council and the City Clerk Administrator a written letter resigning from the City Council; and Whereas,the City Council approved a Motion accepting Councilmember Hankner's resignation at the September 23, 1996 Council Meeting. Now, Therefore, Be It Resolved that the Mounds View City Council hereby ratifies its action of September 23, 1996 accepting Councilmember Hankner's resignation by Motion and hereby accepts Councilmember Hankner's resignation by Resolution. Adopted this 14th day of October, 1996 1111 ATTEST: Mayor Linke (SEAL) Clerk Administrator Whiting - f w1 RESOLUTION NO. 5030 ID CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DECLARING A VACANCY TO EXIST ON THE MOUNDS VIEW CITY COUNCIL AND PROVIDING NOTICE THAT THE VACANCY WILL BE FILLED AT THE UPCOMING CITY GENERAL ELECTION. Whereas, Councilmember Hankner submitted her resignation in writing to the City Council and the City Clerk Administrator at the September 23, 1996 CouncilMeeting; and Whereas, the City Council accepted Councilmember Hankner's resignation by Motion at the September 23, 1996 meeting and has adopted Resolution No. 5029 accepting Councilmember Hankner's resignation by Resolution; and Whereas, Section 2.05 of the Mounds View City Charter states that a vacancy in the City Council shall be deemed to exist in the case of a resignation in writing filed with the City Clerk Administrator; and illWhereas, Section 4.05, Subdivision 5 of the Mounds View City Charter specifies how • such a vacancy is to be filled when it occurs within 120 days before a regular municipal election, Now, Therefore, Be It Resolved the City Council hereby ratifies its action on September 23, 1996 declaring a vacancy to exist by Motion of the Council and hereby declares by Resolution a vacancy to exist on the City Council due to Councilmember Hankner's resignation. Further Resolved that the City Clerk Administrator is hereby directed to publish notice of the vacancy and that such vacancy will be filled at the upcoming regular municipal election in accordance with Section 4.05 of the City Charter. Adopted this 14th day of October, 1996 ATTEST: Mayor Linke • (SEAL) Clerk Administrator Whiting 4110 mommimmlimimmmmmommmnmnimmmi r V� Minutes of the Economic Development Commission City of Mounds View illRamsey County, Minnesota Regular Meeting D , ;A ,.9 r"'� August 22, 1996 Q i i i ' . ,} City of Mounds View, Council Chambers ; _. 2401 Highway 10, Mounds View, MN 55112 1. Call to Order: The meeting was called to order at 6:09 p.m. by Chairperson, Dan Nelson. 2. Roll Call: Members present were as follows: Cindy Carlson, Rosemary Goff, Dan Nelson, Brian Sjoberg. Ron Schmidt is on leave of absence. Members Delane Welsch and Bev Terhark and EDA Liaison Sue Hankner and Alternate Liaison Gary Quick were absent. Economic Development Coordinator Cathy Bennett was present. . 3. Approval Of Minutes: Motion/Second: Goff/Sjoberg moved approval of Minutes of May 30, 1996 Meeting. 4 . Motion Carried 4 ayes 0 nays 4. Special Business Coordinator Bennett noted that the EDC loan committee, comprised of at least 4 members (Dan Nelson, Cindy Carlson, Bev Tarhark and Rosemary Goff), met to discuss a loan request from Mounds View Fina located on County Road I. Member Carlson explained that the committee reviewed the application and financial information to make sure the request fit into the goals of the program. The loan will be used to enhance the gas station operation. The loan committee recommended the approval of the loan which was formally approved by the EDA on August 12, 1996. 5. A. Discussion of EDC's Advisory Responsibilities and Procedures for Communication Between the EDC and EDA Coordinator Bennett explained that EDC members were able to attend other EDC meetings over the past month to evaluate how communication and discussion flowed between the advisory group and EDA/Council's. Coordinator Bennett explained that she attended the Coon Rapids EDC where discussion focused on the distribution of CDBG funds that are allocated to the City. IIThe EDC makes recommendations to the EDA where they are formally approved. 1 i Other topics they discussed included recommending participation in civic and membership groups. Member Carlson attended the New Brighton EDC meeting which has been in existence 1111 for about 10 years. There are two Council members which are members of the EDC which shows a strong linkage and communication tie between the two entities. Most all development projects go through the EDC first for evaluation. They are involved in the strategic planning sessions with the Council on economic development. Member Sjoberg.attended the Arden Hills EDC which has been meeting for approximately 3 years. The group is very project specific. They view their role more as staff to the EDA/Council. A project is given to them and they bring back a recommendation on how to approve it rather than bringing options for the EDA/Council to choose. There is strong Council representation and a report is given on major Council activities to improve communication. Member Welsch attended the Crystal EDC meeting. He was unable to attend this meeting therefore forwarded his comments in writing (see attached). After discussion, the EDC directed staff to incorporate the following items into recommendations for communication between the EDC\EDA for review at the next meeting. Strong EDA interaction is a must. A report by the EDA liaison should be given at every EDC meeting on the key activities at the EDA level. Develop a sequence of review for (re)development projects. Develop a system of communication between other commissions. Hold a joint meeting, accompanied by a tour of the City, every year with the EDA. Possibly eliminating the work session at the EDA\Council level will allow the Council members more time and commitment to attend commission meetings where background discussion on items can take place. B. Update on Housing Program and Discuss Ways to Market the Program Under the Guidelines of the Program. Coordinator Bennett noted this was an item that was tabled in May. Bennett explained the basic parameters of the housing program and reported that the EDA has already purchased its first house as part of the program. Since there is a variety of expertise on the EDC, coordinator Bennett asked for ideas regarding marketing the program to the community without actually calling up a homeowner who's house could be a candidate. EDC members came up with the following ideas: Educate representatives of HUD; Invite local Realtors to a meeting to discuss the program;Advertise in the local paper; Send direct mail to residents and break it up into sections of the City that should be focused on first. Coordinator Bennett will pass these ideas along to the Mounds View Housing Coordinator to incorporate into her marketing plans for the housing program. C. Review EDA's Priorities for Highway 10 and Identify Strategies for Redevelopment in these Priority Areas Coordinator Bennett gave an overview of the three redevelopment priority areas along Highway 10. Several requests for development of 2625 Highway 10 have been presented to AI2 City staff. In addition, the owner of property next to the Silver Lake Pointe Apts. is interested in marketing his site for development These properties are in Priority Area No. 3,which is from County Road I to Silver Lake Road. Coordinator Bennett explained that there are many issues that need to be taken into consideration such as access to the sites, market demand for uses,wetland and drainage issues, compatibility with residential uses, zoning restrictions etc. prior to evaluating what type of assistance or role the City would play in planning the development for this area. Coordinator Carlson suggested that the EDC develop a request for proposal for the area. The RFP should include studying the area to address the issues mentioned and draft plans be put together for what types of development would be most beneficial to the City in terms of tax base, jobs and aesthetics. Motion/Second: Carlson/Sjoberg moved to request approval from the EDA to develop a RFP and interview candidates to study Priority Area No. 3 (Section 9) of the Proposed Draft Highway 10 Redevelopment Plan Motion Carried 4 ayes 0 nays D. Discuss and Review Revised Tax Increment Policy Coordinator Bennett discussed changes to the draft tax increment policy taking into consideration the recommendations from tax increment consultants from Briggs &Morgan, Casserly Molzan and Associates and Kennedy&Gravin. It was suggested that the point system be used only as a tool for the EDC but should not be considered a procedure to determine the amount of tax increment. In addition, it was recommended that the point system be reevaluated to address redevelopment vs. new development. Chair Nelson suggested that staff bring back an example of a redevelopment project that could be plugged into the point system. AIE. Discussion of Everest Proposal for TIF Assistance Coordinator Bennett noted that since there was not a quorum at the July meeting that Everest requested that they present their proposal to the EDA for consideration. Staff is still evaluating the proposal and has requested additional information from Everest before further negotiations take place. Motion/Second: Goff/Carlson moved to table this item until further information is received by staff. Motion Carried 4 ayes 0 nays Reports From Chair, Commissioners and Staff: Chairman Nelson suggested that the next EDC meeting be held at 7:30 a.m. instead of in the evening. This may be a more convenient time for the members to attend meetings since many times he gets stuck at work in the evening but usually can arrange to be a little late. Motion/Second: Nelson/Sjoberg moved to hold the September 26, 1996 meeting at 7:30 am instead of 6:00 pm if this time is more convenient for the majority of the Commission Motion Carried 4 ayes 0 nays 3 7. Adjournment 110 There being no further business before the Commission, this meeting of the Economic Development Commission adjourned at 8:20 p.m. Respectfully Submitted, Economic Development Coordinator 411 4 7 A fr bf I city of Mounds View Office of the fflaor WHEREAS: Manufacturing has the largest total payoff of any business sector in Minnesota, providing $14.3 billion in 1994 wages, and WHERE[3S: Manufacturing produces $22.9 billion for the state economy and is the largest single share (21%) of the states gross product; and WHEREEIS. Manufacturing exports brought nearly$8.2 billion into the Minnesota economy in 1995; and WHEREEIS: Manufacturing provides high skill,high wage jobs which significantly contribute to Minnesota's high standard of living and • economic vitality; and WHEREEIS: Manufacturing contributed nearly $145 million in corporate income taxes in.Minnesota, more than any other business sector and almost 30 percent of the total state corporate income taxes; and WHEREEIS: Mounds View is proud to be the home of over fifteen manufacturing companies. ROW, THEREFORE, 1, 9ERRY [LII1KE,Mayor of the City of Mounds View, do hereby proclaim the week of October 14-18, 1996 as Manufacturing Week in the City of Mounds View. 111 Zerry [Linke, mayor CUT OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section `•i __ STAFF STAFF REPORT Report Number:"�/ V.rid CURDS Report Date: 10/7/96 1. CITY COUNCIL MEETING DATE _ 0 ''�A� fl�s� October 14. 1996 Special Order of Bus. ri s X Consent Agenda v8'h'Partner' Public Hearings Council Business Item Description: Adopt Resolution No. 5023 Approving a Wage Increase for Tammy Saefke, Recording Secretary Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: • Tammy Saefke, Recording Secretary, has been with the City since August 21, 1995. Ms. Saefke performance has been satisfactory and according to the compensation plan this position, Ms. Saefke is due for a wage adjustment. Her position is currently at$11.32. Staff recommends an increase to $11.82. W /'�11�G Ly tte Morgan, A strative Aide • &COMMENDATION: Motion to waive the reading and adopt Resolution No. 5023 Approving a Wage Adjustment for Tammy Salle, Recording Secretary RESOLUTION NO 5023 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR TAMMY SAEFKE, RECORDING SECRETARY WHEREAS, Tammy Saefke has been an employee for the City of Mounds View in the capacity of Recording Secretary since August 21, 1995; and WHEREAS, Ms. Saefke's work performance has met the responsibilities of Recording Secretary as outlined; and WHEREAS, her work performance has been determined as satisfactory; and WHEREAS, a wage adjustment for this position is recommended. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Mounds View hereby approve a wage adjustment for Tammy Saefke from$11.32/hr. to 11.82/hr. effective August 21, 1996. Adopted this 14th day of October, 1996 Mayor Jerry Linke ATTEST: City Administrator (SEAL) CEN OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section STAFF REPORT Report Number: 14I'7/ 1190 ,5106 Report Date: 10/7/96 410 -� CITY COUNCIL MEETING DATE . — OI Imo, October 14. 1996 Special Order of Bus. S X Consent Agenda a-/rs-Partner' Public Hearings Council Business Item Description: Adopt Resolution No. 5024 Approving a Step Adjustment for Richard Kujawa, Custodian Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Richard Kujawa, Custodian,has been with the City since October of 1995. In accordance with the City's 5 Step Compensation Policy,this position is due for a step adjustment. Mr. Kujawa is currently at Step 2, 9.31/hr. His performance has been satisfactory and staff is recommending a step adjustment to Step 3, 9.86/hr. This adjustment is consistent with the 5 Step Compensation Plan for this position. 41110, 6) Ili ZyLtte Morgan, Administrative Aide 0ECOMMENDATION: Motion to waive the reading and adopt Resolution No. 5024 Approving a Step Adjustment for Richard Kujawa, Custodian. RESOLUTION NO. 5024 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR RICHARD KUJAWA, CUSTODIAN WHEREAS, Richard Kujawa began working for the City of Mounds View on October 2, 1995; and WHEREAS, Mr. Kujawa's work performance has met the responsibilities of Custodian as outlined in the job description; and WHEREAS, his work performance has been satisfactorily reflected in his performance review; and WHEREAS, a wage adjustment that is consistent with the City's Compensation Policy is recommended. NOW, THEREFORE, BE IT RESOLVED,that the Mounds View City Council hereby approves a step adjustment for Richard Kujawa from$9.31/hr. to 9.86/hr. effective October 2, 1996. Presented this 14th day of October, 1996 ATTEST: Mayor (SEAL) City Administrator S lilt arif sip REQUEST FOR COUNCIL CONSIDERATION Agenda Section et, STAFF REPORT Report Number: 9jp-a17/6 ONER`%R Report Date: 10/10/96 ., CITY COUNCIL MEETING DATE 0 lio, "4"v October 14, 1996 X Consent Calendar -1e4 =-Partne(0 Item Description: Readoption of Resolution No. 4977 approving a conditional use permit to allow an oversized garage for Church Upon the Rock, 7901 Red Oak Drive, Planning Case No. 451-96, to add a legal description and correct a typographical error in the dimensions allowed for the oversized garage so they read 24'x 52'. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: On July 29, 1996, City Council adopted Resolution No. 4977 which approved a conditional use permit for an oversized garage for Church Upon the Rock. One of the contingencies in this resolution requires Church Upon the Rock to record the resolution with Ramsey County. Church Upon the Rock has attempted to do so, but was told by Ramsey County that the County will no longer accept resolutions for recording with the legal escription for the property affected by the resolution. We have prepared a revised resolution which adds a 4111 ereas clause at the beginning to identify the property using its legal description. This will enable the solution to be recorded. A copy of the original and the revised resolution is attached. In addition, we have corrected a typographical error in the resolution. If you look in the original resolution passed on July 29, the third whereas clause states the size of the garage as 24'x 54' (1,248 square feet). The 54' is a typographical error and should be 52'. The dimension on the plans is 52'. The total of 1,248 square feet requires the dimensions to be 24'x 52'. So this error has been corrected in the revised resolution. 1)(HirAititAU 1 , , Pamera Sheldon, Community Development Director Staff Recommendation: Readopt Resolution No. 4977 approving a conditional use permit to allow an oversized garage for Church Upon the Rock, 7901 Red Oak Drive, Planning Case No. 451-96, to add a legal description and correct a typographical error in the dimensions allowed for the oversized garage so they read 24'x 52'. ,c✓ 44 RESOLUTION NO.4977 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED GARAGE FOR CHURCH UPON THE ROCK, 7901 RED OAK DRIVE, PLANNING CASE NO. 451-96 WHEREAS,the Mounds View City Council has reviewed the request of Church Upon the Rock for additional accessory square footage; and WHEREAS,the Mounds View Zoning Ordinance allows by conditional use permit up to 1,264 square feet of accessory building square footage on one lot;and • WHEREAS,the proposed total accessory building square footage on the lot is 24'x 54' ( 1, 248 square feet), which is below the maximum allowed; and WHEREAS,the proposed building meets all applicable setback requirements. NOW,THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the requested conditional use permit for additional accessory building square footage by Church Upon the Rock, 7901 Red Oak Drive, contingent upon the following: 1. The conditional use permit be recorded with Ramsey County within 60 days of City Council approval and proof of such recording be presented to the City of Mounds View. 2. The building be designed and maintained to provide a uniform appearance with similar . neighboring structures. • 3. The existing accessory structures on the property be removed prior to construction. • 4. Should the use change for what the permit was granted for,the permit shall become null and void. 5. Whenever,within one year after granting this conditional use permit,the work permitted by this permit shall not have been completed,then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. 6. Church Upon the Rock enter into a development agreement with the City of Mounds View. Adopted this 29th day of July, 1996. ATTEST: orL e • —� • -(SEAL) CQZJcJç * .e City Clerk-Administrator, C ck Whiting' 1,1* RESOLUTION NO. 4977 III (Revised: 10/14/96) CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT.TO ALLOW AN OVERSIZED GARAGE FOR CHURCH UPON THE ROCK, 7901 RED OAK DRIVE; • PLANNING CASE NO. 451-96 Whereas, the Mounds View City Council has received a request for a conditional use permit for an oversized garage on property described as: Lots 113 and 114, Spring Lake Park Hillview WHEREAS, the Mounds View City Council has reviewed the request of Church Upon the Rock for additional accessory square footage; and, WHEREAS, the Mounds View Zoning Ordinance allows by conditional use permit up to 1,264 square feet of accessory building square footage on one lot; and, 0WHEREAS, the proposed total accessory building square footage on the lot is 24' by 52' (1,248 square feet), which is below the maximum allowed; and, WHEREAS, the proposed building meets all applicable setback requirements. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the requested conditional use permit for additional accessory building square footage by Church Upon the Rock, 7901 Red Oak Drive, contingent upon the following: - 1. The conditional use permit be recorded with Ramsey County within 60 days of City Council approval and proof of such recording be presented to the City of Mounds View. 2. The building be designed and maintained to provide a uniform appearance with similar neighborhood structures. 3. The existing accessory structures on the property be removed prior to construction. 4. Should the use change for what the permit was granted for, the permit shall become null and void. 0 tic • City Council Resolution No. 4977 July 29, 1996/October 14, 1996 • Page 2 5. Whenever, within one year after granting this conditional use permit, the work permitted by this permit shall not have been completed, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. 6. Church Upon the Rock enter into a development agreement with the City of Mounds View. Adopted this 29th day of July, 1996. Readopted this 14th day of October, 1996. Jerry Linke, Mayor ATTEST: Chuck Whiting, City Clerk-Administrator (SEAL) 4110 cam?of CITY OF MOUNDS VIEW Agenda Section if 9REQUEST FOR COUNCIL CONSIDERATION Report Number: g v /?17ZG QN HOS STAFF REPORT Report Date: 10/10/96 III -A �EW COUNCIL MEETING DATE ~o�rBrs-Partne��`QS October 14. 1996 _ Special Order of Bus. Consent Agenda X Public Hearings Council Business Item Description: Public Hearing in Consideration of Ordinance No. 96-591 Relating to Licensing, Amending Title 500, Chapters 502 and 503, Sections 502.03,502.06,502.07,503.03,503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Ordinance No. 96-591 adds provisions to Sections 502 and 503 of the Mounds View Municipal Code addressing the issuance of a temporary liquor license for events held on City public property. This ordinance change was proposed to address the liquor usage at the Bel-Rae when renting the facility for special events and private parties. iliaction 502 deals with the issuance of the temporary license for on-sale intoxicating liquor and Section 503 is with nonintoxicating malt liquor. The ordinance requires that a temporary liquor license be issued to current liquor license holders in the City or those that hold a liquor license in adjacent Cities for events where alcohol is served. Therefore, if a resident of Mounds View rents the Bel-Rae facility for a private party and wants to serve alcohol, they must contract with a business that holds a liquor license in the City or an adjacent City. The business that holds an annual license will be required to obtain a temporary liquor license from the City for that private event. The fees for the temporary license are proposed at$35 per event with an investigation fee of$10 for those who do not currently hold a licence within the City. These fees will become part of the fee schedule and are up for Council consideration under Council Business. As part of the issuance of the temporary license, it is proposed that an insurance policy for$1 million dollars must be obtained by the license holder for the event and the City of Mounds View must be named as an additional insured on that policy. There were questions regarding the additional burden this would put on a business. I discussed this matter with our insurance agent and he has been doing research on additional premiums for a one day policy with a higher limit than required by State Law. ' ' &itzni/J1 conomic t evelopment Coordinator COMMENDATION: October 14, 1996 Page Two The rates vary greatly depending upon the type of establishment. A small caterer or liquor store pays much smaller rates than a bar and/or restaurant. He will be providing me with a range of rates, not based on any scientific measure but just on limited research, by Monday's meeting. The policy decision should be based upon the comfort level of the Council in anticipating a catastrophic event when liquor is being served on City property and what type of additional burden we want to put on private business to protect the City. Currently the annual liquor license liability limits are at the minimum required by State Law which is $50,000 per person$100,000 per occurrence. If the Council is comfortable with this limit, and according to our insurance provider 99%of the time this limit is sufficient, does the Council want to impose the higher limit in the 1% case of a catastrophic event such as death. A compromise may be a limit in between the regular limits and the $1 million dollar limit for a one time event. The ordinance can be amended prior to adoption to reflect a reduction in the $1 million limit if the Council wishes. OTT OF CITY OF MOUNDS VIEW Agenda Section REQUEST FOR COUNCIL CONSIDERATION Report Number: i7 E' L 01111706 STAFF REPORT Report Date: 10/9/96 • _ Special Order of Bus. G' COUNCIL MEETING DATE Consent Agenda ��`�"h•Partners' October 14, 1996 —. g Public Hearings X Council Business Item Description: Consideration of the Adoption of Ordinance No. 96-591 Relating to Licensing,Amending Title 500, Chapters 502 and 503, Sections 502.03,502.06,502.07,503.03,503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Ordinance no. 96-591 is up for adoption at the October 14, 1996 Council meeting. This ordinance, relating to the issuance of a temporary license for on-sale intoxicating liquor and nonintoxicating malt liquor, was introduced at the September 23, 1996 regular council meeting. Minor spelling and grammar changes were made to the ordinance with the exception of Section 1, Subdivision 6 dealing with the commissioner of public safety. There was a question regarding the need for proval from the commission of public safety for a liquor provider to a club, charitable, religious or other • onprofit organization. According to City Attorney Bob Long, approval from the commissioner of public safety under subdivision 6 is required per state law. If the liquor provider also holds a caterers license then additional approval'is not warranted since the caterers license is issued by the commissioner of public safety. If the liquor provider does not hold a caterers license the City must first get the approval of the commissioner of public safety to make the license valid. This is one extra step that is required in the process,therefore, it may be recommended for these types of activities that they work with a liquor provider that has a caterers license as well. Another minor change was made to Sec. 503.06. A new subdivision was added to address setting the fee per resolution instead of incorporating it into an existing subdivision that deals with annual fees. For your information, attached is a copy of the Rental Agreement that has been drafted by Bob Long and City Staff. I would be happy to answer any questions regarding the rental agreement as well. r Le3i444-•-sin--t-,1d----- Economic D.ellopment Coordinator OECOMMENDATION: Waive the reading and Adopt Ordinance No. 96-591 Relating to Licensing, Amending Chapters 502 and 503, and Adding New Subdivisions to the Municipal Code. ORDINANCE NO. 96-591 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO LICENSING,AMENDING TITLE 500, CHAPTERS 502 AND 503, SECTIONS 502.03, 502.06,502.07, 503.03,503.06 AND 503.07 BY ADDING NEW SUBDIVISIONS TO THE MOUNDS VIEW MUNICIPAL CODE THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 502.03 of the Mounds View Municipal Code is amended by adding new subdivisions to read: Subd. 6. Temporary Intoxicating Liquor Special Event. A temporary special event intoxicating liquor license may be issued to a club, or charitable, religious or other nonprofit organization which has been in existence for at least three (3) years. The license may authorize the sale of intoxicating liquor on-sale for not more than three (3) consecutive days and may authorize the sale of intoxicating liquor on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an on-sale intoxicating liquor license issued by the City or any adjacent municipality or the holder of a caterers permit issued by the commissioner of public safety. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety or unless the licensee contracts for intoxicating liquor catering services with the holder of a State caterers permit issued by the commissioner of public safety. This license shall be required notwithstanding the requirement of any permit by the state. Subd. 7. Temporary Intoxicating Liquor Banquet. In addition to any permit which may be required by the state, an intoxicating liquor banquet license may be issued only to the holder of an on-sale intoxicating liquor license issued under subdivision 1 of this chapter or to the holder of an on-sale intoxicating liquor license issued by an adjacent city. Such license will permit the licensee to dispense intoxicating liquor at any convention, banquet. conference, meeting or social event conducted on premises owned by the City of Mounds View. The licensee must be engaged to dispense intoxicating liquor at any event held by a person or organization permitted to use the premises and may dispense intoxicating liquor only to persons attending the event. The licensee may not dispense or sell intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. • Sec. 2 Section 502.06, subd. 2 of Mounds View by adding a Municipal Code is amended P new paragraph to read: Subd. 2 Fees: c. The fees required for the temporary licenses described in Section 502.03. Subdivisions 6 and 7 shall be established by resolution of the City Council and shall be paid prior to the effective date of the license. Sec. 3. Section 502.07 of the Mounds View Municipal Code is amended by adding a new Subdivision 1 e. to read: e. Temporary License for Event on City Property: One Million Dollars ($1,000,000) for injury to any person in each occurrence as a result of the sale or dispensing of non-intoxicating malt liquor or intoxicating liquor under a temporary license issued under Section 502.03. Subdivisions 6 and 7 for events on property owned by the City. On any policy or insurance pool providing coverage hereunder, the City, shall be named as an additional insured. The license holder under this paragraph shall hold the City harmless and agree to indemnify the City for acts of the license 4110 holder. Sec. 4. Section 503.03 of the Mounds View Municipal Code is amended by adding a new subdivision 3 to read: Subd. 3 Temporary Non-Intoxicating Liquor Special Events License. A temporary special event non-intoxicating liquor license may be issued for the retail sale of non-intoxicating malt liquor for consumption on the premises and during the time of the special event. A special event license may be issued to a club, or charitable, religious or other non-profit organization which has been in existence for at lease three (3) years. or to an organization contributing all of the profits of the sale of non-intoxicating malt liquor to a charity, or to any business holding an on-sale license to sell non-intoxicating malt liquor issued by the City or by an adjacent city. The license shall specify the date, time and place and premises of the special event. A special event non-intoxicating license is not transferable. Sec. 5. Section 503.06, Subd. 3. of the Mounds View Municipal Code is amended by adding a new subparagraph d. to read: d. The fee for a Temporary Non-Intoxicating Special Events License shall be established by resolution of the City Council. S Sec. 6. Section 503.07 of the Mounds View Municipal Code is amended by adding a new Subdivision lc. to read: c. Temporary License for Event on City Property. One Million Dollars ($1,000,000) for injury to any person in each occurrence as a result of the sale or dispensing of non-intoxicating malt liquor or intoxicating liquor under a temporary license issued under Section 503.03, Subdivision 3 for events on property owned by the City. On any policy or pool providing coverage hereunder, the City shall be named as an additional insured. The license holder under this paragraph shall hold the City harmless and agree to indemnify the City for acts of the license holder. Sec. 7. This ordinance is effective thirty days after its publication. Read by the City Council of the City of Mounds View this day of 1996. Read and passed by the City Council of the City of Mounds View this day of 1996. • Mayor ATTEST: Clerk-Administrator Approved as to form: City Attorney BEL-RAE RENTAL AGREEMENT 11110 This Bel-Rae Rental Agreement entered into this day of , 199 by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the "Owner") and (the "User") . RECITALS : WHEREAS, Owner is the owner of the Bel-Rae Ballroom located at 5394 Edgewood Drive in the City of Mounds View, Minnesota (the "Ballroom") ; WHEREAS, User desires to have the use of the Ballroom for an event (the "Event") for the following date (s) , purpose, hours, and set up and clean up: 4110 Date(s) 199 Purpose of Event # of Hours (No Kitchen Use) ($50.00/hr-$350 maximum per day) hrs. $ # of Hours (Kitchen Use) ($65.00/hr-$500 maximum per day) hrs. $ Mounds View residents entitled to 20% discount Election to do own setup and clean up; WHEREAS, Owner is willing to permit User to use the Ballroom on all the terms and conditions contained herein. NOW, THEREFORE, Owner and User hereby agree as follows: 1. License. Owner hereby grants User the right and license to use the Ballroom for the Event during the aforementioned times • U'M3 o94o9 M2os-1 1 9/Z 39Vd 0I£6L££Z 19°Q I N3AVMO V ANN3M=WO213 96= I I 9R-60-100 and for the aforementioned purposes on all the terms and conditions hereinafter set forth. 2 . Rates. In consideration for the use of the Ballroom, the User shall pay to the Owner within ten (10) days before the occurrence of the Event those amounts previously set forth. If the Event requires additional hours beyond that set forth above, User shall pay to Owner the rates for such additional hours within five (5) days after the Event. If User does not elect the above option of doing its own set up and clean up, User shall pay to Owner an additional set up fee of $40 .00 and an additional clean up fee of either $100 . 00 (no kitchen use) or $200.00 (kitchen use) . In addition, Owner reserves the right to assign supervisory staff or maintenance personnel or additional security if Owner deems it necessary and User shall reimburse Owner for the costs thereof. 4111 3 . Downpayment and Security Deposit. As security for User's obligations under this Agreement, upon execution of this Agreement User shall pay to Owner a Downpayment equal to twenty-five percent (25%) of the rental rate due under Section 2 of this Agreement and provide the Owner as a Security Deposit a valid, major credit card commitment to cover the cost of any damages to the Ballroom caused by User. Owner shall have no obligation to pay interest on such Downpayment funds and may deposit such funds with other funds of Owner. Said funds shall be held by Owner as partial security for User's performance of its obligations hereunder and, without limiting the foregoing, to compensate Owner for any unpaid rental amounts or damage to the Ballroom by User or any of its guests or invitees. The Downpayment and credit card Security Deposit shall 4111 Li9?209409 mu205-1 2 9/E 3DVd OIESLEEZL9=QI N3fV'?I9 S ACMNWIV.WOMA qR-R01-.T.0O be appliedfirst to any amounts due Owner from User hereunder, 4110 including unpaid rental rates and damages to the Ballroom, and any remaining amounts shall be refunded to User; provided, however, if the Event is cancelled by the User within fifteen (15) days prior to the event for any reason, Owner shall retain the twenty-five percent (25%) Downpayment, not as a penalty, but as liquidated damages, actual damages being impossible to calculate. 4 . Use of Ballroom. User shall use the Ballroom only for the Event and for no other purpose. In addition, User shall comply with the following requirements and shall cause its guests and invitees to comply with the following: (a) No smoking shall be permitted in the Ballroom; (b) No sale or consumption of alcoholic beverages shall • be permitted in the Ballroom, except pursuant to separate license issued by the City of Mounds View; (c) User shall procure, at its expense, an off duty police officer to provide security for the Event if required by Owner; (d) Unless User has elected to have Owner do clean up, User shall leave the Ballroom in a clean and orderly fashion and clean up all debris and properly dispose of the same in containers provided therefor according to City Rental Rules and Regulations as attached; (e) If User intends to sell food or if catering services are to be provided as part of the Event, User shall procure or cause its caterer to procure all required health licenses for 4110 food preparation and serving; LMs+1o9409 MU205-1 3 9/17 30Vd 0 L£6LEEZ L 9'Q I N3A'a'2t9 '8 AC3NN3N:WO?!3 9b= L L 96-60-Z3O (f) User shall provide adequate supervision of its guests and invitees and shall not permit anydisorderly y conduct by guests or invitees; (g) User shall comply with all city ordinances (including, without limitation, fire code provisions regarding maximum capacity of the Ballroom) , state statutes and rules, and federal laws and regulations applicable to the Event, including, without limitation, laws relating to discrimination in public accommodations; (h) User shall not permit any gambling or other illegal activity before, during or after the Event. 5. Indemnification and Hold Harmless. User shall indemnify and hold harmless Owner, its officers, employees from any and all losses, damages, injuries, claims, and causes of action occurring • to or with respect to the Ballroom or to third parties arising out of or relating to the use or enjoyment of the Ballroom by User, its employees, agents, guests or invitees, or any other person attending the Event, ordinary wear and tear excepted. User's liability to Owner hereunder, including liability for damage to the Ballroom, shall not be limited by the amount of the security deposit. owner shall not assume any responsibility for the damage or loss of items stored or displayed in the Ballroom prior to, during or following the Event. The User shall be responsible for any damages and thefts to the property or their guest, invitees or other agents under the User's control. &. Proof of Insurance. At the option of Owner (and in all cases where User is not an individual) , User shall provide evidence 4111 LMN109409 MQ205-1 4 9/S 39'dd 0tE6LEEZi9'QI N3Atam V AQ3NN3N:WO21d 917: t t 96-60-_t00 6 . Proof of Insurance. At the option of Owner (and in all cases where User is not an individual) , User shall provide evidence to Owner of adequate public liability insurance for the Event insuring Owner, its officers, employees, and agents from liability as an additional insured. 7. Thirty Day Cancellation. At any time prior to 30 days before the Event, Owner shall have the right upon notice to User to cancel the Event and terminate this Agreement, in which case Owner shall refund any security deposit and neither party shall have any further liability hereunder. IN WITNESS WHEREOF, the above-named parties executed the foregoing instrument on the day and year first above written. CITY OF MOUNDS VIEW("Owner") • By Its ("User") • Lmw109409 M 2OS-1 5 9/9 39'dd 0LcsLeczL9'aI N3Atl89 '8 Ac3NN3}i°W0213 Gb° LL 96-60-130 cm,c? REQUEST FOR COUNCIL CONSIDERATION Agenda Section 5 STAFF REPORT Report Number: 111111111: COMM Report Date: 10/10/96 • . CITY COUNCIL MEETING DATE %. 1'.,5,3§i7 October 14, 1996 Special Order of Bus. ''"sz'Parioecsri4y _ Consent Agenda Public Hearings X Council Business Item Description: Consideration of granting a limited use agreement to Mr. Benjamin T. Doll to allow a concrete driveway in a portion of the unimproved right-of-way for Greenwood Drive east of 2601 Sherwood Road. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Mr. Benjamin Doll, who owns the property at 2601 Sherwood Road, has constructed a concrete driveway which encroaches into a portion of the unimproved right-of-way for Greenwood Drive east of Mr. Doll's property. Mr. Doll submitted a design for his driveway to the Community Development Department, and this design showed the driveway within his property boundaries. Staff discovered when inspecting the driveway that it had been placed too far to the east, and was encroaching in the City owned street right-of-way for eenwood Drive. It is not anticipated that Greenwood Drive will be improved in the near future because the is missing portions of the right-of-way needed to extend this street between Sherwood Road and Ardan enue (see attached diagram). Given the expense incurred by Mr. Doll in building the driveway, the most appropriate solution appears to be the approval of a limited use agreement. This agreement would allow the driveway to remain, but puts Mr. Doll on notice that he is responsible for any maintenance or repair of the driveway, that he indemnifies and holds the City harmless from any and all claims for damages arising from the design, construction, maintenance, use and removal of the driveway, and that the City may terminate this agreement for any reason, or no reason at all, by providing 30 days written notice. Upon termination of the agreement, Mr. Doll must remove the driveway. The agreement was drafted by the City Attorney's office and meets with his approval. Mr. Doll has agreed to the terms of the agreement, and it is before City Council for approval. A copy of the agreement is attached. The agreement includes a diagram showing where the driveway is located relative to the right-of-way line. %,11Anit,4- v°111\Altit7%-) Pamela Sheldon, Community Development Director •COMMENDATION: Grant the limited use agreement to Mr. Benjamin T. Doll to allow a concrete driveway in a portion of the unimproved right-of-way for Greenwood Drive east of 2601 Sherwood Road. GRANT AND ACCEPTANCE OF LIMITED USE AGREEMENT 4111 THIS LIMITED USE AGREEMENT (the "Agreement") is made as of 1996, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and BENJAMIN T. DOLL (the "Resident"). RECITALS A. The Resident is the owner of property legally described on the attached Exhibit B (the "Parcel"). B. The Resident desires to use a portion of Greenwood Drive, which is a dedicated and unimproved City street, for the purpose of constructing, using, and maintaining a driveway designed to serve the Parcel. A drawing of the location of the driveway is attached as Exhibit A. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of this Agreement, the City and the Resident agree that the Resident may construct and maintain the driveway depicted on Exhibit A. 2. Consideration. In consideration for the right to construct and maintain the driveway, the Resident has paid to the City one dollar($1.00) upon execution of this Agreement. 3. Construction, Maintenance, and Repair of Driveway. The Resident shall construct the Driveway and shall be solely responsible for all maintenance and repair of the driveway, including removal of snow and ice. The City shall have no responsibility for the maintenance or repair of the driveway. 4. Indemnification. The Resident shall at all times indemnify and hold harmless the City from any and all claims for damages, including costs and attorney fees, arising from or by reason of the design, construction, maintenance, use, and removal of the Project; provided, however, that nothing in this Agreement shall be construed to waive any rights that the City has against the Resident under this Agreement. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Section 466.04. 4. Termination. The City or the Resident may terminate this agreement at any time for any reason, or for no reason at all, by providing 30 days written notice to the other party. Upon termination of this Agreement, the Resident shall remove the driveway and return the property to the condition it was in prior to construction of the driveway at the Resident's sole cost. • DJG109031 MU125-14 5. Assignability of Agreement. The Resident may assign its rights under this . Agreement to any purchaser of the Parcel, provided that such purchaser agrees in writing to accept the Resident's obligations and responsibilities under this Agreement by executing an agreement substantially in the form set forth in Exhibit C. The City may assign its rights under this Agreement to any person at any time, subject only to the Resident's right to terminate this Agreement. 6. Miscellaneous Provisions. (a) The City is entitled to recover its reasonable attorney's fees and costs incurred in enforcing the terms of this Agreement. (b) 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; and (i) in the case of the Resident, is addressed to or delivered personally to the Resident at 2601 Sherwood Road, Mounds View, MN 55112 and • (ii) in the case of the City, is addressed to or delivered personally to the City at City of Mounds View, 2401 Highway 10, Mounds, View, MN 55112, Attn: City Administrator; 11111 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. (c) The City may record this Agreement and any amendments thereto in the office of the Ramsey County Recorder or Registrar of Titles, as may be applicable. In either case, the Resident shall pay all costs for recording and shall assist and cooperate with the City as necessary to record this Agreement. (d) This Agreement constitutes the entire agreement between the Resident and the City and supersedes any other written or oral agreements between the parties. This Agreement can be modified only in a writing signed by the parties. DJG109031 2 MU125-14 IN WITNESS WHEREOF, Resident and City have executed this limited use agreement this / 9 day of S j.,, r, 1996. • CITY OF MOUNDS VIEW By Its Mayor And W(..ft--1 Its City Admator STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this / ' day of , 1996, before me, a notary public within and for Ramsey County, personally appeared ('h4r�s and a w L4. t1 to me personally known who by me duly sworn, did say That they the Mayor and City Administrator of the City of Mounds View, Minnesota (the "City") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its governing body; and • said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said City. E,1�,cAriL- Notary Public Resident Dog Benj 'n T. Doll STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this / 9 day of Sz f ,c,ti , 1996, before me, a notary public within and for Ramsey County, personally appeared Benjamin T. Doll, to me personally known who by me duly sworn, who, before, me, acknowledged the same to be his free act and deed. /6 ...lti.Q t4.,.. Lit '.�•. BARBARAA.BENESCH Notary Public • NOTARY PUBLIC-MINNESOTA �� ;• CREAM COUNTY •} ~•-•• My Commission Expires Jan.31,2000 DJG109031 MU125-14 - ..,. . . , _ . . . FXHIUT A N ---- - •'---' -- . . _ . _ . ( NO SCALE ) 0 . - . . _ _ . _. __ ____ • 55 Garage 0 o \ o V 12.5 0 Ld > O O • OO . O House 2601Z z SHERWOOD W 4 > i C 55 80.00 \. 1 15' i i 00 SHERWOOD RD . °° • 1 ----I F ____ III 66 I I y l EXHIBIT B (Legal Description of Resident's Parcel • P ) The East 80 feet of the West 2087 feet of the South 175 feet of the Northeast Quarter of Section 6, Township 30, Range 23, Ramsey County, Minnesota. • • 1111 DJG109031 MU125-14 B-1 EXHIBIT C • ASSIGNMENT OF LIMITED USE AGREEMENT FOR VALUABLE CONSIDERATION, Benjamin T. Doll ("Assignor"), hereby assigns and transfers unto ("Assignee"), all of Assignors' right, title, and interest in the Limited Use Agreement, executed as of , 1996, between Assignors and the City of Mounds View, Minnesota, and Assignee hereby assumes Assignors' obligations thereunder. Dated: ("Assignee") By STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) • On this day of , , before me, a notary public within and for Ramsey County, personally appeared , to me personally known who by me duly sworn, who, before, me, acknowledged the same to be his/her free act and deed. Notary Public ASSIGNOR Benjamin T. Doll STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this day of , , before me, a notary public within and for Ramsey County, personally appeared Benjamin T. Doll, to me personally known who by me duly sworn, who, before, me, acknowledged the same to be his free act and deed. • Notary Public DJG109031 MU125-14 C-1 -----_-•---•.••�-• r +-•s� ^+n,v,o, Muer-Darns co..Mnneaoohs • ' Inmmdual(s):o Intuaual(s) DOCUMENT Xi,` ..r . " OFFICE CO. RECORDER ' No delinquent taxes and transfer entered:Certificate RAMSEY COUNTY HH CERT.P.EC:i�,OED OH of Re71 Estate Value( .,2 hte l s_ " :)not required p� Certificate-oPit-4'Est lie'V alii No. ' •• AUG IS { 59 l YI ILI AOC: ).4010 - ..ic�Qc 19 . .._ .:�..`_1:j o i LOU !,i. N SA COUH . on I Oaol.al P•*Darr.ra.union,zamsev Ca •ati County Auditor i 8Y DEPUT� by Deputy y _ - .; Chi STATE DEED TAX DUE HEREON:$ „ZS.�- ,Lj CN /1 Date: ticiu J , 19 94 (reserved for recording data) t FOR V.ALUABLE CONSIDERATION. Michael R. Pitchford and Linda A. Pitchford, husband and wife ,Grantor(s), herebycone -` Benjamin T. Doll (manralslaas► Y(�9 and warrant(s'j to j Grantee(s), real property in Ramsey County,Minnesota.described as follows: The East 80 feet of the West 2087 feet of the South 175 feet of the 1 Northeast Quarter of Section 6, Township 30, Range 23, Ramsey County, Minnesota. There are no wells on the property. ERT.OF r.E.AL Ei TATE PALL I E - PK (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: 1111 I No. 51851 r L �°t RAMSEY COUr�TY Michael R. Pitchford t,,,,,,,� MINNESOTA DEED TAX AMOUNT - i).. lnaa A. 21ccn=ora 0 , STATE OF MINNESOTA ) c ss. COUNTY OF Anoka- The forecoing instrument was acknowledsed before me this . day of ,ti s...r ,19.2a, by Micnael R. Pitchford ana Linda A. Piccn=ora, husoand anti `si_e ,Grantor(s). NOTARLM.STAMP UR SEAL OR OTHER TITLE OR RAN:i t )J ! l�/S w ) •+-^L,. CYNTHIA JO NELSON 1 SIGNATURE OF PERSON TAKr1G ACX;)OWL-DG.reNT NOTARY PL:ELIC Tax Statements for the real property described in this insuument should MINNESOTA A be sent to(Include name and=dress of Grantee): I .,...# Mr C Oto CMS 01-3)19 N. v,° \ --THIS INSTRUMENT WAS DRAFTED BY(NAME AND AODRESSI I ''BABCOCX, LOCHER, NEILSON I Benjamin T. Doll & MANNELLA 2461 S/+2vtc;c1cj ,QCcL? / Attorneys at Law • fucuordsU,et,.., ,c/Ai ,/ ' 118 East Main St. • Anoka, MN 55303 (612) 421-5151 AGRICULTURAL(',:NSERVA T IGN • C4 iltz FE=?.4113 11Iiii-Thi RAMSEY COUNTY;t nrr - 2,H - 2 _ - 14 - nr. 11- -r. ,,Cirri©g REQUEST FOR COUNCIL CONSIDERATION Agenda Section4 ... STAFF REPORT Report Number.: 5G Q lU1 HD Report Date: 10/9/96 CITY COUNCIL MEETING DATE 1E7.§9 October 14, 1996 _ Special Order of Bus. 411) 9Og.'rr-Partne00' — Consent Agenda Public Hearings X Council Business Item Description: Consideration of Resolution No. 5028 Declaring Cost to be Assessed and Ordering I Preparation of Proposed Assessment to Those Property owners Affected by the Reconstruction of Bronson Drive Administrator's Review/Recommendation: -No Comments to supplement this report X -Comments attached. Explanation/Summary (attach supplement sheets as necessary) Summary: Barry Peters, the project engineer from SEH, is tabulating the final cost analysis for the Bronson Drive Reconstruction Project at the time of this writing. Staff has prepared a resolution for Council's consideration which would instruct staff to prepare the assessment roll for the project. Staff will present this resolution at the Council meeting. This is the process outlined by the Municipal Code for assessment procedures. The public hearing for the assessment will be scheduled for November 12, 1996. Notice will be posted in the paper and letters mailed to the property owners scheduled to be assessed, two in advance of the public hearing. The assessment roll will be on file at City Hall for residents review. ouncil has any questions regarding this report,please feel free to call me. (7 „./Zatej .."..1z_L_ // Michael Ulrich, Director of Public Works RECOMMENDATION: Adopt Resolution No. 5028 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment to Those Property owners Affected by the Reconstruction of Bronson Drive RESOLUTION NO. 5028 CITY i /J l� OF MOUNDS VIEW 4;,,/-2/JCOUNTY OF RAMSEY STATE OF MINNESOTA DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT TO THOSE PROPERTY OWNERS AFFECTED BY THE RECONSTRUCTION OF BRONSON DRIVE. • • WHEREAS, a contract has been let(costs have been determined) for the improvement of Bronson Drive between line of Street and the line of Street by and the contract(bid)price for such improvement is $ , and the expenses incurred or to be incurred in the making of such improvement amount to $ so that the total • cost of the improvement will be $ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUNDS VIEW, MINNESOTA: WHEREAS, The portion of the cost of such improvement to be paid by the city is hereby declared to be $ and the portion of the cost to be assessed against benefited property owners is declared to $ WHEREAS, Assessments shall be payable in equal annual installments extending over • a period of 10 years,the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of percent per annum from the date of the adoption of the assessment resolution. NOW, THEREFORE, BE IT RESOLVED THAT the Clerk- Administrator, with the assistance of the city engineer(consulting engineer), shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. Adopted by the council this 14th day of October 1996. ATTEST: Mayor (SEAL) Clerk- Administrator RESOLUTION NO. 5028 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STAFF, OF MINNESOTA DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT TO THOSE PROPERTY OWNERS AFFECTED BY THE RECONSTRUCTION OF BRONSON DRIVE AND SETTING ASSESSMENT HEARING. WHEREAS, a contract has been let (costs have been determined) for the improvement of Bronson Drive between Edgewood Drive and Raymond Avenue by Forest Lake Contracting and the contract(bid)price for such improvement is $578,529.68, and the expenses incurred or to be incurred in the making of such improvement amount to $149,703.97 so that the total cost of the improvement will be $728,233.65, and ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $399,616.14 and the portion of the cost to be assessed against benefited property owners is declared to $328,618.00, and; 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of seven(7)percent per annum from the date of the adoption of the assessment resolution, and; 3. The Clerk-Administrator, with the assistance of the city engineer(consulting engineer), shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. 5. The assessment hearing for the proposed assessment shall be held on Tuesday, November 12, 1996, 7:10pm, at the Mounds View City Hall in the council chambers to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 6. The Clerk-Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 7. The owner of any property so assessed may, at any time prior to certification of the assessment tot he county auditor,pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Finance Director-Treasure, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/She may at any time thereafter,pay to the Finance Director-Treasure the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 of interest will be charged through December 31 of the succeeding year. Adopted by the council this 14th day of October 1996. ATTEST: Mayor (SEAL) Clerk- Administrator arr OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section P STAFF REPORT Report Number: AIM -G (�DS Report Date: 10/9/96CITY COUNCIL MEETING DATE _.0 (.. Pill,,OU L October 14, 1996 — Special Order of Bus. ,�8�'ar-Partneol�Qs Consent Agenda Public Hearings X Council Business Item Description: Consideration of Resolution No. 5027 Amending Resolution No. 4987 Establishing a Uniform Schedule of Fees and Charges Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Due to the passage of Ordinance No. 96-583 relating to therapeutic massage licensing and Ordinance No. 96- 591 relating to temporary intoxicating liquor licensing,the 1996 Fee Schedule must be revised. Also included in the amendments is the and building permit fee for telecommunications antenna and fees for usage of the Bel Rae facility. The following proposed fees were determined from a survey of surrounding communities with similar licensing regulations. ftrapeutic Massage License Fee: Therapeutic Massage Enterprise $75 Therapeutic Massage Therapist License $35 Investigation Fee: Individual $50 Partnership/Corporation $350 Temporary Liquor License Fee: $35/event Investigation Fee: $10 investigation fee if applicant does not hold license within the City of Mounds View. Telecommunication Antenna Building Permit Fee: $750 ' ' /6t6971P----- Ly ette Morgan Administrative Aide COMMENDATION: Adopt Resolution No. 5027 Amending Resolution No. 4987 Establishing a niform Fee Schedule of Fees and Charges Bel Rae Facility Rental Fees: Base Fee: No Kitchen Use: $50/hr- $350 maximum per day • Kitchen Use: $65/hr- $500 maximum per day (Mounds View Residents/Businesses receive 20%discount on base fee) Set Up Fee: $40 Clean Up Fee: • No Kitchen Use: $100 Kitchen Use: $200 Down Payment: 25%of total rental fee ' Damage Deposit: Hold credit card imprint S S RESOLUTION NO. 5027 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING RESOLUTION 4987 AND ESTABLISHING A UNIFORM SCHEDULE OF FEES AND CHARGES, EXHIBIT A ATTACHED WHEREAS, all the fees and charges of the City of Mounds View are listed on a uniform schedule entitled, Exhibit A; and WHEREAS, due to the adoption of additional items,the 1996 Fee Schedule has been amended to reflect those changes, and WHEREAS,the proposed fees are consistent and comparable with Metropolitan cities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve the Uniform Schedule of Fees and Charges attached hereto and referred to as Exhibit A. Adopted this 14th day of October, 1996 ATTEST: Mayor Linke (SEAL) Clerk Administrator, Chuck Whiting • • OTT OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section I 1 STAFF REPORT Report Number: qtr."!g1lG 0 DITOPHOS Report Date: 10/7/96 CITY COUNCIL MEETING DATE .A DL I October 14. 1996 Special Order of Bus. °a.�n .e Consent Agenda Partner� ' Public Hearings X Council Business Item Description: Consideration of Resolution No. 5022 Approving the Recycling Grant Request to Ramsey County and Authorizing Acceptance of any Allocated Funding Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: In conjunction with Ramsey County and the State of Minnesota SCORE Program, the City of Mounds View is eligible to apply for grant monies to fund 1997 recycling activities. As a part of the grant application,the City Council must formally request the funding and the proposed budget. Attached is the 1997 SCORE funding grant application which describes Mounds View's recycling program iirpd the Proposed 1997 budget allocations. Please note, SCORE funds may only be used for their allocated oses (i.e., administration funds may not be used for publicity costs.) A • , {,a ilit,V.C ;;f,.--- Ly ette Morgan 1 Administrative Aide COMMENDATION: Adopt Resolution No. 5022 Approving the Recycling Grant request to Ramsey ounty and Authorizing Acceptance of any Allocated funding. • RESOLUTION NO. 5022 CITY OF MOUNDS VIEW • • COUNTY OF RAMSEY . STATE OF MINNESOTA • • RESOLUTION APPROVING RECYCLING GRANT REQUEST TO RAMSEY COUNTY WHEREAS,Ramsey County is accepting applications for use of SCORE funds to improve recycling participation by the public; and WHEREAS, the City of Mounds View is eligible to apply for a grant to provide administrative and promotional activities intended to improve recycling participation among city residents through education, awareness, and incentives; and WHEREAS, the City Council of the City of Mounds View has determined that this is an appropriate use of city resources and that increasing recycling participation benefits the public health, safety, and welfare of the community as a whole. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approve the application for 1997 SCORE funding (attachment A) and authorize acceptance of any allocated funding. Adopted this 14th day of October, 1996 (SEAL) Mayor Linke ATTEST: Clerk Administrator • RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH 410 DIVISION OF SOLID WASTE 1997 SCORE FUNDING GRANT APPLICATION CITY/TOWNSHIP City of Mounds View DATE 10/14/96 CONTACT PERSON Lynnette Morgan PROGRAM PERIOD: January 1, 1997 through December 31, 1997 ADDRESS 2401 Highway 10 Mounds View, MN 55112-1499 PHONE 784-3055 FAX 784-3462 1. DESCRIPTION OF 1997 RECYCLING PROGRAM: A. SERVICE DESCRIPTION SINGLE-FAMILY RESIDENCES *As a condition of o .e haulers license, ulers MULTI-FAMILY RESIDENCES (If service is not provided, please m Hake describe how they are assured the opportunity to recycle. ) recycling available to their customers. CONDOMINIUM RESIDENCES (If service is not provided, please describe how they are assured the opportunity to recycle. ) . MANUFACTURED HOME PARKS (If service is not provided, please describe how they are assured the opportunity to recycle. ) NAME OF COLLECTOR(S) Please see attachment ITEMS COLLECTED FOR RECYCLING: glass, aluminum cans, tin cans, newspaper, cardboard, plastic, magazines and paper B. DESCRIBE THE LONG TERM SOURCES) OF FUNDING FOR RECYCLING SERVICES: Curbside recycling is the responsibility of the garbage hauler, therefore the sevice *is a part of the residents garbage bill. Promotional efforts and administration are provided by the City. • C. DESCRIBE CHANGES TO THE PROGRAM FOR 1997: No anticipated changes ges for curbside recycling program. • 2 . HOW DO YOU PROPOSE TO USE SCORE GRANT FUNDS? PLEASE DESCRIBE HOW A SCORE GRANT WOULD ENHANCE/IMPROVE RECYCLING EFFORTS IN YOUR COMMUNITY (PLEASE BE VERY SPECIFIC, AND INCLUDE MEASURABLE GOALS AND ANY PROGRAM CHANGES FOR 1997)-. • -- The grant would be used to fund a part-time stafW. position dedicated to recycling issues, city-wide promotional/educational campaigns, and replacement of curbside recycling bins. The goals of Mounds View's recycling program are to increse general environmental awareness through educational efforts, increase the number of households participating in recycling and increase the tonnage of materials collected. 3 . HOW WILL THESE ACTIVITIES BE EVALUATED? The number of households participating and the collected tonnage will be reported on monthly basis. (see #4) S 4. IF THESE ACTIVITIES (INCLUDING RECYCLING COLLECTION) WILL BE CONDUCTED BY A SUBCONTRACTOR, WHAT PROVISIONS WILL BE MADE TO MONITOR AND AUDIT SUBCONTRACTOR ACTIVITIES? Recycling is collected by private garbage haulers. As a condition of the license, all haulers must submit a montly report detailing tonnage collected, participation rates and the location where materials are transported. 5 . IF THESE ACTIVITIES WILL BE ONGOING AFTER THIS GRANT PERIOD, HOW 111/1 HEY WILL TBE FUNDED? If these activities continue after grant funding ceases, funding will come from either a surcharge on garbage bills or a City recycling utility fee. 6. SCORE FUNDING GRANT PROPOSED BUDGET (ATTACH A COPY OF YOUR ADOPTED COMPLETE 1997 MUNICIPAL RECYCLING BUDGET) : ADMINISTRATION: $ 11,600 PROMOTION ACTIVITIES $ 7,820 PLEASE DETAIL: Mass Mailings Incentive Awards New Resident Mailings EQUIPMENT $ PLEASE DETAIL: n/a COLLECTION OF RECYCLABLES $ 6,000 . PLEASE DETAIL: Subsidized recycling portion of two (2) City-wide sponsored clean up days. . TOTAL $ 25,420 • 7. PLEASE DESCRIBE YOUR MUNICIPAL IN-HOUSE RECYCLING PROGRAM: City offices: cans, newspapers, glass, magazines, and cardboard are collected by a licensed hauler in the City. Office paper is collected separtely from a commercial hauler. Public Works: motor oil, oil filters, asphalt and other auto batteries are recycled through private vendors. Motor oil and oil filers are accepted from the public at a drop-off location at the Public Works garage. •• 8. DESCRIBE THE CITY'S RECYCLING PROMOTIONAL EFFORTS; INCLUDE TYPES OF PROMOTIONAL MATERIALS USED AND SCHEDULES FOR DISTRIBUTION OF 1111 INFORMATION. Promotional effots by the City includes: -Incentive awards for recycling participation -Mass media advertising (City Newsletter, Cable TV, Newspapers) -Mass mailings -Promotional displays and exhibits 9 . PLEASE ATTACH A RESOLUTION FROM YOUR GOVERNING BODY REQUESTING THE FUNDING ALLOCATION OR A CERTIFIED COPY OF THE OFFICIAL PROCEEDINGS AT WHICH THE REQUEST WAS APPROVED. See attachment NAME OF PERSON AUTHORIZED TO SUBMIT GRANT: 1111 SIGNATURE TITLE OF PERSON AUTHORIZED TO SUBMIT GRANT: - PLEASE RETURN THE COMPLETED GRANT APPLICATION FORM BY NOVEMBER 1, 1996 TO: CATHI LYMAN-ONRRA, PROGRAM ANALYST RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF SOLID WASTE 1670 BEAM AVENUE SUITE B MAPLEWOOD, MN 55109-1129 1111 • KENNEDY & GRAVEN Attorneysen LAW CHAR FRED Rolm A.a>rsrnr d70 Mbar,Center,M nneepoli,,baonesota Swot Lle A i J Ttsoviceofr DA7iYRSON (612)337.9300 Banfin L WfL Ns Jos T.YANG $u,VL turry Faalmue(au)337-9310 AAfartt J.aftrars+�crc i Deur DAvt4 L GRAM t U.s2s.tes* DAM I.ICrXemT off counntL Cf3ARt�L I.f7p7tvPy� - Motor A.tJCFsv%a WRITER'S DIRECT DIAL fo BERT 1.Lamm.. Rosrr CA*tsOn Ro>trer 4 Demme:RO Bolles: •bona 337-9202 rAf M.f3yzotwwrtt VIA RAPIFAX AND MAIL t�.itrizaerivit$1''"' Conner EL THOLsofr CtarrIS A.PliAlt80n T.Ai 6141Airk +( October 9, 1996 • Tom Anderson General Counsel Metropolitan Airports Commission Minneapolis/St. Paul International Airport 6040 - 28th Avenue South Minneapolis, MN 55450-2799 RE: Apparent Violations of Airport Stipulation and Order Court File No. 454984 IIIOur File No. MU125-51 Dear Mr. Anderson: As I conveyed to you today by voice mail, I have advised the Mounds View City Council that the Metropolitan Airports Commission (MAC) appears to be in violation of the July 28, 1986 Stipulation and Order,Court File No.454984(Order)regarding the Anoka County-Blaine Airport (Airport) for failing to adopt a comprehensive noise abatement strategy to protect the health, safety and welfare of the citizens adjacent to the Airport as required by Section 7 of the Order. I have based my advice to the City Council on the fact that according to the documents provided to me by MAC, no comprehensive noise abatement strategy has yet been adopted relating to the Airport. I have received copies of documents entitled "Reliever an Anoka County-Blaine Airport"revised draft August 1995,and reviseddddraft August 1996.n: Noise Abatemet From your own records, there is not a final version of an adopted noise abatement plan for the"Airport, nor has there been any meeting with the City of Mounds View or its Airport Advisory Committee regarding the proposed August 1995 draft Noise Abatement Plan since August 1995. The failure to adopt such a Noise Abatement Plan for the Airport in the more than ten years since the date of the Order would appear to be a clear violation of the Order with more than a reasonable time having passed since the date of the Order. • iiaddition to the apparent violation cited above, several citizens of Mounds View,including the rmer mayor of Mounds View,Duane McCarty,have raised concerns that the improvements and RCL111249 217125-51 SiZ'd N3Add9 '8 Aa3NN3A 6b:60 96, 60 100 • Tom Anderson October 9, 1996 Page 2 recommended iii4w.ivernents at theAirport, 12,500 pounds gross take-off weight atthe ether y violate the�s aircraft m excess of the flight Order in that gh operations at the Airport currently with the precision Instrument Landing System (ILS) and the significant number of based aircraft in excess of 12,500 practice have advance the Airportpounds may in effect.and in Order and state law. beyond the status of a "minor use"Airport in violation of the In addition, some of the proposed recommendations contained in the Capital Improvement Plan and Summary on pages 3-30 and 3-31 of the July 1996 Draft Long Term Comprehensive Plan Update for the questions Airport raise about whether any of the proposed extensions of existing runways and the construction of new runways as recommended would violate the terms of the Order and state law by in effect convertin the g Airport from a "minor use" status to an "intermediate use" status. _JJ Instead of commencing a legal action against MAC for violations of the Order as a first step, as recommended by some, I have recommended to the City Council that a more preferred first step would be to have MAC officials meet with the Mounds View Airport Advisory Committee at their meeting on October 14 at 5:30 p.m. in Mounds View City Hall to discuss adopting a noise • abatement strategy as required by the Order in the next few months with provisions that truly protect the health, safety and welfare of the citizens of Mounds View. In addition,at the meeting concerns about the proposed update to the comprehensive plan and the recommended improvements to the Airport should be discussed to determine whether any of the proposed improvements would, in fact,violate the Order or state law and how such improvements would impact on the noise abatement issues at the Airport. As my phone Dail indicated to You, I believe it would be the best interests of MAC and the City of Mounds View to have MAC officials in attendance at the October 14th meeting. Pled feel free to tall me if you have any questions. Sincerely, \\7 Robert C. Long • RCL:jes cc: Chuck Whiting 411 RCLii1249 167125.-51 • �!�:. N3/td219 8 Aa NN3J1 617:60 96 60 100