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HomeMy WebLinkAboutAgenda Packets - 1996/08/26 • CITY OF MOUNDS VIEW CITY COUNCIL • AUGUST 26, 1996 ACCENDA 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 and a Councilmember's personal judgement. If you 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. 1. CALL TO ORDER 410 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - _Linke • _ Hankner _Blanchard _ Trude _Quick 4. Agenda Additions Item 1: Item 2: Item 3: 5. APPROVAL OF MINUTES: August 12, 1996 • 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: Park and Recreation Commission Meeting Minutes -June 27, 1996 AGENDA PAGE 2 AUGUST 26, 1996 Cable Commission Meeting Minutes -June 12, 1996 Cable Commission Meeting Minutes -July 10, 1996 7. SPECIAL ORDER OF BUSINESS: a. Resolution Commending Deputy Fire Chief Harold D. Hovland for His Service to the Spring Lake Park/Blaine/Mounds View Fire Department COUNCIL ACTION: A T D Comments: b. Resolution Commending Fire Operator Michael J. Welle for His Service to the Spring Lake Park/Blaine/Mounds View Fire Department COUNCIL ACTION: A T D Comments: 8. CONSENT AGENDA A. Resolution No. 4998 Approving Just and Correct Claims Against City Funds B. Licenses for Approval Cement CCS Concrete & Masonry, Inc. -New Sign Universal Sign, Inc. -Renewal • AGENDA PAGE 2 AUGUST 26, 1996 Cable Commission Meeting Minutes -June 12, 1996 Cable Commission Meeting Minutes -July 10, 1996 7. SPECIAL ORDER OF BUSINESS: • a. Resolution Commending Deputy Fire Chief Harold D. Hovland for His Service to the Spring Lake Park/Blaine/Mounds View Fire Department COUNCIL ACTION: A T D Comments: • b. Resolution Commending Fire Operator Michael J. Welle for His Service to the Spring Lake Park/Blaine/Mounds View Fire Department COUNCIL ACTION: A T D Comments: 8. CONSENT AGENDA A. Resolution No. 4998 Approving Just and Correct Claims Against City Funds B. Licenses for Approval Cement CCS Concrete & Masonry, Inc. -New Sign Universal Sign, Inc. Renewal • AGENDA PAGE 3 • AUGUST 26, 1996 HVAC Metro Gas Installers -New Kennel- Renewal Sham-O-Jet Kennels - Commercial Richard and Julie Oliverius - Residential Mary Niezgocki - Residential 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR 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. CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 10. PUBLIC HEARINGS: • 7:05 p.m. Public Hearing to Consider PUD Amendment to Increase Parking and Development Review for Everest Property at 5251 Program Avenue, Planning Case No. 453-96, Resolution Nos. 4991 and 4997. Staff Report No. 96-1820C • COUNCIL ACTION: A T D Comments: 7:10 p.m. Public Hearing to Consider Ordinance No. 588, an Ordinance Amending the Development Contract Language of Chapter 1006.06, Subd. 4 of the Municipal Code. Planning Case No. SP-0007-96. Staff Report No. 96- 1821C COUNCIL ACTION: A T D • Comments: AGENDA PAGE 4 • AUGUST 26, 1996 7:15 p.m. Public Hearing to Consider Ordinance No. 589 An Ordinance Amending Chapter 1301, Entitled, "Flood Plain Zoning"by Amending the Definition of Structure in Section 13.01.04 Subd. 15; Section 1301.07 Subd . 7 on Flood Insurance Notice and Record Keeping; Section 1301.10 Subd. 5 on Travel Trailers and Travel Vehicles; Section 1301.10 Subd. 2.c. (3) on Accessory Structures; and Section 1301.13 Subd. 2 on Nonconforming Uses, and to correct minor typographical errors and errors in Cross- References. Planning Case No. SP-0002-96. Staff Report No. 96-1822C COUNCIL ACTION: A T D Comments: 11 . COUNCIL BUSINESS: A. Consideration and Formal Introduction of Ordinance No. 583 An Ordinance i Relating to Therapeutic Massage License Regulations: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514. Staff Report No. 96-1823C (Staff Presenter: Chuck Whiting, Clerk Administrator) COUNCIL ACTION: A T D Comments: B. Consideration of Resolution No. 4984 Supporting Cooperative Livable Cities Demonstration Grant Application to Metropolitan Council for I-35W Corridor Coalition Planning Activities, Staff Report No. 96-1824C (Staff Presenter: Chuck Whiting, Clerk-Administrator) COUNCIL ACTION: A T D Comments: AGENDA PAGE 4 AUGUST 26, 1996 7:15 p.m. Public Hearing to Consider Ordinance No. 589 An Ordinance Amending Chapter 1301, Entitled, "Flood Plain Zoning"by Amending the Definition of Structure in Section 13.01.04 Subd. 15; Section 1301.07 Subd . 7 on Flood Insurance Notice and Record Keeping; Section 1301.10 Subd. 5 on Travel Trailers and Travel Vehicles; Section 1301.10 Subd. 2.c. (3) on Accessory Structures; and Section 1301.13 Subd. 2 on Nonconforming Uses, and to correct minor typographical errors and errors in Cross References. Planning Case No. SP-0002-96. Staff Report No. 96-1822C COUNCIL ACTION: A T D Comments: 11 . COUNCIL BUSINESS: A. Consideration and Formal Introduction of Ordinance No. 583 An Ordinance Relating to Therapeutic Massage License Regulations: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514. Staff Report No. 96-1823C (Staff Presenter: Chuck Whiting, Clerk Administrator) COUNCIL ACTION: A T D Comments: B. Consideration of Resolution No. 4984 Supporting Cooperative Livable Cities Demonstration Grant Application to Metropolitan Council for I-35W Corridor Coalition Planning Activities, Staff Report No. 96-1824C (Staff Presenter: Chuck Whiting, Clerk-Administrator) • COUNCIL ACTION: A T D Comments: AGENDA PAGE 5 AUGUST 26, 1996 12. REPORTS: 1. Report of Councilmembers: Trude: Hankner: Blanchard: Quick: 2. Report of Mayor Linke: 3. Report of Clerk Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORKSESSION: TUESDAY, SEPTEMBER 3, 1996 NEXT COUNCIL MEETING: SEPTEMBER 9, 1996 13. ADJOURNMENT: • APPROVED Page 1 • July 29, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting July 29, 1996 Mounds View City Hall 2401 Hwy. 10,Mounds View,MN 55112 ********************************************************************************** CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on July 29, 1996. PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Council members Trude, Blanchard,Quick and Hankner • ALSO PRESENT: Chuck Whiting,City Administrator Joyce Pruitt,Planning Associate ADDITIONS TO THE AGENDA: There were no additions to the Agenda. APPROVAL OF MINUTES: a. July 15, 1996 Regular City Council Meeting minutes were amended to read as follows: Line 11,page 6,He noted that this was in error as the code does not allow the rental or leasing of a trailer. Line 19, page 6, Signage to Chapter 1008,Entitled,"Signs and Billboards,"as amended,contingent,upon the review and approval of the change by the City Attorney and to waive the reading. July 15, 1996 Regular City Council Meeting minutes were approved as amended. ' MOTION/SECOND:Trude/Quick to approve July 15, 1996 Regular City Council Meeting Minutes as amended. Page 2 • July 29, 1996 Mounds View City Council ROLL CALL VOTE: VOTE: 5 ayes 0 nayes Motion Carried, ACCEPTANCE OF ADVISORY COMMISSION MINUTES: There were no Advisory Commission Minutes to be accepted at this meeting. SPECIAL ORDER OF BUSINESS: The Director,Assistant Director, Captains,and other representatives of the Colonial Village Mobile Home Park were present to recognize Police Officer Tom Baumgart,Mayor Jerry Linke, and the entire City Council for their hard work and cooperation in getting the Crime Watch up and going at Colonial Village. Officer Baumgart,Mayor Linke and the City Council were presented with Certificates of Appreciation. CONSENT AGENDA: Mr. Whiting,Clerk Administrator read the Consent Agenda as follows: A. Resolution Ratifying the Appointment of Election Judges for the September 10, 1996 Primary Election and November 5, 1996 General/Municipal Election. Resolution No.4980. B. Set Public Hearing to Consider the 1996 Long Term Financial Plan for 7:05 p.m.,Monday,August 12, 1996. C. Licenses for Approval HVAC-Renewal Lakes Air Water/Sewer-Renewal Robarge Excavating Pete's Water and Sewer Cement-Renewal D. A. Distribution DBA Coronado Stone Mayor Linke asked if there were any Council Members wishing to have any items removed from the Consent Agenda. He asked that Item B be removed. MOTION/SECOND: Hankner/Quick to approve the Consent Agenda,with the removal of item B. • VOTE: 5 ayes 0 nays Motion Carried Mayor Linke explained that he had requested that Item B be removed as he does not feel staff will be • adequately prepared to present the 1996 Long Term Financial Plan on August 12, 1996. Page 3 • July 29, 1996 Mounds View City Council Mr.Chuck Whiting,City Administrator,explained that the Public Hearing was already advertised in the Mounds View Matters newsletter. One option would be to go ahead and open the Public Hearing and then to continue it at a later meeting,explaining to the public the reason for doing so. MOTION/SECOND: Hankner/Quick to set the Public Hearing to consider the 1996 Long Term Financial Plan for 7:05 p.m.,Monday,August 12, 1996. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: • Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to the Council on items that were not on the Agenda. There were no comments from the floor. • PUBLIC HEARINGS: • Consideration of a Conditional Use Permit to Construct an Oversized Garage,Jerome Espeseth, 8005 Woodlawn Drive. Mayor Linke opened the Public Hearing at 7:15 p.m. Ms.Joyce Pruitt,Acting Community Development Director,explained that Jerome Espeseth has submitted an application for a Conditional Use Permit to allow him to construct an oversized detached garage. She noted that an existing garage and shed are located on the property,but that Mr.Espeseth has been informed that he will need to remove these structures and that no other accessory structures can be constructed on the property if the CUP is granted. The Planning Commission has recommended approval of the CUP request,with the following contingencies: 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 the dwelling unit; 3) the existing garage and shed be removed from the property prior to construction of the garage; 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;and 6) Jerome Espeseth enter into a Development Agreement with the City of Mounds View. • With no further questions from the City Council or from the public,Mayor Linke closed the Public Hearing at 7:22 p.m. Page 4 July 29, 1996 • Mounds View City Council • MOTION/SECOND: Quick/Hankner to approve Resolution No.4975,Approving a Conditional Use Permit to Allow an Oversized Garage for Jerome Espeseth,8005 Woodlawn Drive,Mounds View. VOTE: 5 ayes 0 nays Motion Carried • Consideration of a Conditional use Permit Request and Development Review to Construct a 6,166 Square Foot Addition,Cross of Glory Evangelical Lutheran Church,5472 Adams Street. Mayor Linke opened the Public Hearing at 7:23 p.m. Ms.Pruitt explained that Cross of Glory Evangelical Lutheran Church is requesting a Conditional Use Permit and development review to allow them to construct a 6,166 square foot addition to the existing facility. The addition would primarily utilized for meeting places for children between services. They are proposing that an additional 14 parking spaces will be provided. Ms.Pruitt noted that the Planning Commission recommended approval of the Conditional Use Permit request and the Development Review request at their July 10, 1996 meeting. After consulting the City Attorney,Bob Long, in regard to his interpretation of the fire suppression ordinance, it was determined that . the City can require an existing building to install automatic fire suppression systems anytime the existing building is increased in floor area through a new addition. She proceeded to discuss the options available to the applicant to assist them in meeting the fire suppression system requirements. Ms.Hankner asked that Bob Long,City Attorney,give the public a brief explanation of the fire suppression system requirements in the City of Mounds View. He explained that on June 27, 1983,the Council adopted Ordinance No.343 in which the city amended the fire code. As part of that amendment, the city amended Section 60.02 of the Mounds View Municipal Code where they included in the code Appendix E of the State Building Code(Fire Suppression requirement for various types of buildings). The requirement was inadvertently omitted and not included in the current book. However,it was intended,approved and adopted. The code states that if a building is added on to,and the floor area is increased,the entire building must be brought up to code. Mr.Gary Olson, 12979 Killdeer Street N.W.,representing Cross of Glory Evangelical Lutheran Church, stated it is their intention to construct a building that meets all of the city,state and federal codes. However,he does not want to see the city impose any special requirements on their facility that would not be imposed on any other facility at this time. He feels that making special requirements a part of the Conditional Use Permit is unnecessary as they are required to meet code requirements. It was felt that Contingency#5 of Resolution 4976 should be eliminated. Peter Craig, 5493 Erickson Road,stated the property owners had alley rights at one time at the back of their properties which is adjacent to the church. The church was allowed to take over that property several years ago to use for landscaping. He wondered if they would be using that additional land to increase the size of their building. Mayor Linke explained that the church will still need to meet the setback requirements. The first 30 feet • can only be used for landscaping. • Page 5 July 29, 1996 Mounds View City Council Bob Klaiber,5135 Eastwood Road,Pastor of Cross of Glory,noted that the corporate name of the church is incorrect in the information. The correct name is Cross of Glory English Evangelical Lutheran Church. Mayor Linke closed the Public Hearing at 7:46 p.m. MOTION/SECOND: HanknerBlanchard to Approve Resolution No.4976,Approving a Conditional Use Permit to Allow an Oversized Conditional Use Permit Request for an Expansion to the Existing Facility by Cross of Glory Evangelical Lutheran Church,5472 Adams Street,with the inclusion of the word"English" in the church name, the deletion of Item 5 and an amendment to Item 2(second line). . .appearance with the EXISTING STRUCTURE. VOTE: 5 ayes 0 nays Motion Carried MOTION/SECOND: Hankner/Trude to amend Resolution No.4976,to read as follows: . . .WHEREAS, the Mounds View Municipal Code allows for churches in an R-1 zone district with the issuance of a Conditional Use Permit;and. . ." VOTE: 5 ayes 0 nays Motion Carried MOTION/SECOND: Trude/Quick to approve Resolution No.4978,Approving the-Development Request of Cross of Glory Evangelical Lutheran Church,5472 Adams Street, AS AMENDED to include the word "English" in the church name,and to remove Item 4,renumbering the remaining contingencies. VOTE: 5 ayes 0 nays Motion Carried Consideration of a Conditional Use Permit and Development Review to Construct an Oversized Garage, Church Upon the Rock,7901 Red Oak Drive. Mayor Linke opened the Public Hearing at 7:49 p.m. Ms.Pruitt explained that Church Upon the Rock is requesting a conditional use permit and development review to construct at 24'X 52'oversized garage for storage space. She noted that approval of this request will free up space within the church which is currently used for storage,thus providing additional space for classrooms. Presently,some of the temporary structures on the property are used for classroom space. The applicant has been informed that no other structures will be allowed on the premises and that removal of such would be required prior to construction of the new garage. Ms.Pruitt noted that the city did receive one letter of opposition from a resident at 7979 Red Oak Drive, who felt there were already too many accessory structures on the site. After staff informed her that all of the others on the site would need to be removed as part of a contingency on the conditional use permit,she asked to rescind her letter of opposition. James Anderson,7930 Sunnyside Road,asked staff to show where the new garage would be located on the site. Ms.Pruitt proceeded to do so. ' Mayor Linke closed the Public Hearing at 8:08 p.m. Page 6 . July 29, 1996 Mounds View City Council MOTION/SECOND: Trude/Quick to approve Resolution No.4977,Approving a Conditional Use Permit to Allow an Oversized Garage for Church Upon the Rock,7901 Red Oak Drive, WITH AN AMENDMENT changing the second contingency to read as follows: (2.)" . . .to provide a uniform appearance with SIMILAR NEIGHBORING STRUCTURES." VOTE: 5 ayes 0 nays Motion Carried MOTION/SECOND: Trude/Quick to approve Resolution No.4979,Approving the Development Request of Church Upon the Rock,7901 Red Oak Drive, WITH AN AMENDMENT,changing the second contingency to read as follows: ". . .to provide a uniform appearance with similar neighboring structures". VOTE: 5 ayes 0 nays Motion Carried Consideration of Introduction of Ordinance No.587,an Ordinance Amending Title 1100 by Adding a New Chapter 1126 Establishing a 180 Day Moratorium on New Use,Development or Construction of Commercial Wireless Telecommunication Towers and Antennas Within the City of Mounds View. Mayor Linke opened the Public Hearing at 8:10 p.m. Ms.Pruitt explained that currently the city code does not regulate the siting of telecommunication facilities . within the city. Based on market demand and the city receiving inquiries from other companies regarding their desire to construct telecommunication facilities within the city,staff is requesting that the city impose a 180-day moratorium on new use,development or construction of commercial wireless telecommunication towers and antennas within the City of Mounds View. She further requested that the Planning Commission be requested to draft the telecommunication ordinance and when it is completed, that a copy be brought to the city council for their review and consideration. MOTION/SECOND: Blanchard/Quick to approve the Introduction of Ordinance No. 587,an Ordinance Amending Title 1100 by Adding a New Chapter 1126 Establishing a 180 Day Moratorium on New Use, Development or Construction of Commercial Wireless Telecommunication Towers and Antennas Within the City of Mounds View. VOTE: 5 ayes 0 nays Motion Carried Public Hearing to Consider the Sale of the Off-Sale Liquor License to James Karels,Murzyn Liquors,2840 Highway 10. Mr. Whiting asked that this public hearing be tabled as the current owner has some questions and also the city did not get the proper notification in the newspaper. Therefore,the notice will need to be republished. MOTION/SECOND: Hankner/Trude to table the Public Hearing to Consider the Sale of the Off-Sale Liquor License to James Karels,Murzyn Liquors,2840 Highway 10,and to re-set the Public Hearing for Monday,August 12, 1996 at 7:11 p.m. VOTE: 5 ayes 0 nays Motion Carried . • • Page 7 July 29, 1996 Mounds View City Council COUNCIL BUSINESS: A. Request Approval of Resolution No.4981 regarding LELS terms for 1996-97 Contract. Mr.Whiting explained that after negotiating with LELS,the city has agreed to terms for a two year • contract covering 1996 and 1997. Notable points of the agreement include the addition of a mediation step option in the grievance procedure,formalizing the city's current policy of 50 hours of accumulated comp time,a small adjustment in the officer's uniform allowance,reduction of sick leave from 15 days to 13 days per year,the option of utilizing accumulated sick leave for ongoing health insurance premium payment upon retirement, 3%wage increases for both 1996 and 1997,and a small adjustment to the investigator's pay. MOTION/SECOND: Hankner/Trude to approve Resolution 4981,Approving the Union Contract and the Compensation Schedule and Insurance Contribution Schedule for Police Union. VOTE: 5 ayes 0 nays Motion Carried REPORTS: . Report of Council members: Quick: No report. Blanchard: Ms.Blanchard wished to comment on the beautiful flowers planted in front of City Hall and wanted to commend those who have made the flowers possible. Hankner: No report. Trude: Ms.Trude stated she had met with the Park&Recreation Commission and wished to inform the public that Random Park on Long Lake Road will be having new playground equipment installed,which is especially appropriate for preschoolers. She also noted that the performances of"Annie"have been very well attended at Irondale High School and the performances continue through the weekend. The Parks&Recreation Commission has been informed by a person involved in Community Theater that they would love to do a Winter production if the BelRae is available for them to use. Ms. Trude stated she feels the Council should authorize the Parks&Recreation Commission to begin looking at uses for the BelRae while the council and staff are trying to determine what other programs will go in there. Ms.Hankner stated the council and staff do not know at what point they will be making decisions on the building and therefore it is difficult to know how far out things can be scheduled, or what liabilities would go along with it. She feels this is another example of something that is not being well thought through. She feels it would be inappropriate and she would not be in support of it. Ms.Trude stated she was merely asking that the Park&Recreation Commission provide suggestions. Mayor Linke stated he would support Ms.Trude's suggestion as he does not see the difference between • planning an event there or going over to another site to plan an event when the facility is available. No matter where they hold an event,the operation costs will be there. Page 8 July 29, 1996 Mounds View City Council Ms.Blanchard stated she felt this was a very good idea in that the city has a Park and Recreation Commission that knows the community and they can give suggestions. She would support Ms. Trude's suggestion. Ms. Trude stated she is only suggesting that the Park and Recreation Commission be authorized to suggest programs for the site. The suggestions would have to be brought back to the staff. She thinks however, that at some point the council should authorize staff to put the facility on the computer and allow it to be used like the other facilities. The site will be used for elections sonot much can be done with the site prior to that time anyway. Mr. Whiting stated he is not sure that the city is in a position to try to implement programs in a short time over at the BelRae,however he does not see any harm in having the Park&Recreation Commission look at potential uses and programs that they may want to see over there. Those suggestions would need to come back to the Council and he would like to have staff evaluate manpower costs,etc. MOTION/SECOND: Trude/Blanchard to authorize the Park&Recreation Commission to suggest programs for use in the Bel Rae and report back to the Council. VOTE: 3 ayes 2 nays(Hankner&Quick) Motion Carried Ms. Trude stated she would like staff to look at whether functions can be held at the BelRae and report • back to the Council at a work session. Ms.Trude suggested that staff contact the telephone company to see if an outside telephone can be installed at city hall. This would be especially helpful if an emergency arises after city hall is closed. Mr. Quick stated he voted against Ms.Trude's motion because he feels there is a lack of planning and he cannot support it on those grounds. He feels there has been ample time to do a lot of planning and the entire BelRae project could have been planned out in the time that the city has had. Report of Mayor Linke: Mayor Linke thanked everyone who was involved in the festival and the committee that put it together. He also reminded the public that the dates for those who are interested in filing for City Council seats will be from August 27, 1996 at 8:00 a.m.to September 10, 1996 at 4:30 p.m. Report of Administrator: Mr. Whiting stated he and the City Attorney both attended a meeting with two representatives from MAC regarding the use of the airport in Anoka County. Mr.Long,City Attorney noted that Mr.McCarty had raised an issue some time ago about whether or not MAC was in compliance with the airport decree that was entered into in 1986 at the Blaine/Anoka airport. At the meeting they went through all the documents. What needs to be determined is what percentage of aircraft out there exceed the 12,500 pound limit. From the licensed aircraft based there, it appears that 5% of the aircraft is above the weight limits. They will be providing the city with a listing of operations of the aircraft. This will include not only the aircraft based there but also others using the airport. After obtaining the information, it will be necessary for the city to determine what amount of aircraft exceeding the weight limits make the airport more than a"minor use facility". Ms. Trude stated she would also like to get a legitimate telephone number for airport complaints. She has . experienced,as have others,that when one calls the number listed, it is either busy or unanswered. • Page 9 July 29, 1996 Mounds View City Council Mayor Linke stated the Next Council Meeting is August 12, 1996. The next Council Work Session is August 5, 1996. Mayor Linke adjourned the meeting at 8:53 p.m. Respectfully submitted, 'rivyytAl ,c- //6/cfri Tamara D. Saefke Recording Secretary 111 • RESOLUTION NO. 4994 ITEM 7A • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION COMMENDING DEPUTY FIRE CHIEF HAROLD D. HOVLAND FOR HIS SERVICE TO THE SPRING LAKE PARK/BLAINE/MOUNDS VIEW FIRE DEPARTMENT WHEREAS, the Spring Lake Park/Blaine/Mounds View Fire Department has announced the retirement of Deputy Chief Harold D. Hovland; and WHEREAS, Mr. Hovland is retiring after completing 21 years of service with the department, having joined the department on August 19, 1975; and WHEREAS, Mr. Hovland was promoted several times throughout his tenure at Spring Lake Park/Blaine/Mounds View Fire Department as Acting Captain/Station 5 in September 1980; to Full Captain in 1981 and to Senior Captain in 1989. He served in this capacity until May of 1992 when he was promoted to District Chief for District 2/nights. In January of 1996 he was promoted to Deputy Chief of the Department. WHEREAS, Mr. Hovland attended training classes on various areas of fire fighting, maintained his First Aid/CPR certification and attended many courses on arson investigation; and HEREAS, Mr. Hovland completed radiological monitoring training, NFPA and IFSTA courses for Chief fficers and Incident Command, and was certified at the firefighter III level by the Minnesota Fire Service Board in 1992; and WHEREAS, Mr. Hovland has served as a member of the department's Personnel Committee since March of 1992 and has served as Chairman since April of 1992. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council commends Deputy Chief Harold D. Hovland for his many years of dedicated and loyal service to the Spring Lake Park/Blaine/Mounds View Fire Department and the community. Presented this 26th day of August, 1996 (ATTEST) Mayor Linke Phyllis Blanchard, Councilmember Julie Trude, Councilmember •arY Quick, Councilmember Sue Hankner, Councilmember Chuck Whiting, Clerk-Administrator SEAL RESOLUTION NO. 4999 ITEM 7B CITY OF MOUNDS VIEW • COUNTY OF RAMSEY • STATE OF MINNESOTA RESOLUTION COMMENDING FIRE MOTOR OPERATOR MICHAEL J. WELLE FOR HIS SERVICE TO THE SPRING LAKE PARK/BLAINE/MOUNDS VIEW FIRE DEPARTMENT WHEREAS, the Spring Lake Park/Blaine/Mounds View Fire Department has announced the retirement of Fire Motor Operator Michael J. Welle; and WHEREAS, Mr. Welle is retiring after completing 17 years of service with the department, having joined the department on August 17, 1978; and WHEREAS, Mr. Welle was assigned to Station 3 as a day firefighter. He was appointed as Acting Fire Motor Operator in December of 1980 and was promoted to permanent Fire Motor Operator in June of 1981; and WHEREAS, Mr. Welle maintained his First Aid/CPR certification throughout his tenure with the department and attended various basic firefighter training classes, as well as courses in Fire Motor Operator basic and refresher training, defensive driving, Pump Operator I and Emergency Vehicle Operator; and AftWHEREAS, Mr. Welle also completed courses in radiological monitoring, Hazardous Materials MIIF Awareness, and LP Gas Fires; and WHEREAS, Mr. Welle was certified at Firefighter Level I in 1989 and Firefighter Level II in 1990; and WHEREAS, Mr. Welle received Awards of Merit for Attending the most number of drills of all personnel at Station 3 for the years of 1987 and 1988. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council commends Fire Motor Operator Michael J. Welle for his many years of dedicated and loyal service to the Spring Lake Park/Blaine/Mounds View Fire Department and the community. Presented this 26th day of August, 1996 (ATTEST) Mayor Linke Phyllis Blanchard, Councilmember Julie Trude, Councilmember Gary Quick, Councilmember Sue Hankner, Councilmember Chuck Whiting, Clerk-Administrator SEAL. V F REQUEST FOR COUNCIL CONSIDERATION Agenda SectionJQ,7 Ohm STAFF REPORT Report Number: X16- 1 LQ f, aill9rC(P iliI3III; Report Date: 8/21/96 — il CITY COUNCIL MEETING DATE �� 7 August 19, 1996 — Special Order of Bus. A S _ Consent Agenda /rh jt•Partners" X Public Hearings Council Business Item Description: Discussion of PUD amendment and development review request to expand the parking lot at 5251 Program Avenue, Everest Property Management, Planning Case No. 453-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The applicant, Everest Property Management, is requesting a PUD amendment and development review to expand the parking lot at 5251 Program Avenue, Building G, otherwise known as the Owens building within Mounds View Business Park. The property is currently zoned PUD, Planned Unit Development. A net increase of 35 parking stalls on the east side of the property is proposed. The applicant wished to increase the number of stalls to meet the demands of a tenant interested in locating to the business park. The wtweparking stalls provided on the site will equal 500. As the plans indicate, the parking spaces on the east e of the property will abut the property line. The Municipal Code addresses the importance of creating a landscaping buffer from parking lot to property line in Section 1121.09, Subd.11. The Planning Commission in Agenda and Regular Meetings, has agreed to allow parking up to the property line for this PUD development since a landscaping buffer is being provided within the right-of-way. The City Forester has requested the existing trees on the site be moved within 8'- 9' from the curb along the right-of-way, and the applicant has agreed to do this. The parking area to the south of the building will be restriped. The applicant has been advised that the amendment will require Rice Creek Watershed District approval. Staff and the Planning Commission have reviewed this proposal and found it to be in conformance with the City Code. The Planning Commission recommended approving the PUD amendment and development review request in Resolution No.'s 468-96 & 469-96. Attorney Long has advised that a public hearing be held to consider amending the PUD agreement. All materials submitted for this application have been attached for your perusal. Staff has prepared Resolution No. 4991, approving the PUD amendment request and Resolution No. 4997 approving the site development review request for City Council consideration. If you have any questions, please do not hesitate to contact me. PLAxafk. Paniela Sheldon. Community Development Director 0 RECOMMENDATION: Approve Resolution No. 4991, recommendingapproval of the PUD request and PP PP Resolution No. 4997, approving the development review request to expand the parking lot at 5251 Program Avenue, Everest Property Management, Planning Case No. 453-96. • • RESOLUTION NO. 4991 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVE AGREEMENT NO. 87-81 WITH MOUNDS VIEW BUSINESS PARK, BUILDING G, 5251 PROGRAM AVENUE, PLANNING CASE NO. 453-96 WHEREAS, Everest Development, Ltd. has submitted an amendment to Development Agreement No. 87-81 with Mounds View Business Park, Building G, for site plan changes; WHEREAS, the parking spaces along the east of the property will have g a and of 35 parking stalls, and the east parking area will be reconfigured for angled parking stalls and d WHEREAS, the parking stalls to the south of the building will be restriped; WHEREAS, the parking to the north of the building will not be altered; WHEREAS, the total parking stalls provided on the site will equal 500 stalls; WHEREAS, the Mounds View City Council has undertaken review of the proposal; and IP WHEREAS, the Mounds View City Council has determined that the changes will not adversely affect the project nor the adjacent residential areas; NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the revised site plan for Building G's parking lot, Mounds View Business Park, contingent the following: upon n 1. A landscaping plan be submitted subject to approval of the City Forester. 2. Approval and all necessary permits be obtained from Rice Creek Watershed District. Adopted this 19th day of August 1996. ATTEST: (SEAL) Mayor Linke City Clerk-Administrator, Chuck Whiting • • RESOLUTION NO. 4997 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF EVEREST DEVELOPMENT LTD.,MOUNDS VIEW BUSINESS PARK,BUILDING G, 5251 PROGRAM AVENUE,PLANNING CASE NO.453-96 WHEREAS, Everest Development,Ltd. has requested City approval to amend Development Agreement 87-81 to increase parking by 35 stalls along the east of the building and restripe the parking stalls to the south of the building; WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this development proposal: 1. Planning Application dated July 19, 1996 2. Site Plan dated July 11, 1996 3. Approval and all necessary permits be obtained from Rice Creek Watershed District. WHEREAS, the Mounds View City Council has determined that the proposal is in conformance with all applicable requirements of Title 1100. NOW, THEREFORE,BE IT RESOLVED that the Mounds View City Council approves the development review request, contingent upon the following: 1. Everest Development,Ltd. enter into a development agreement with the City of Mounds View. 2. A landscaping plan be submitted and installed, subject to approval of the City Forester. 3. Approval and all necessary permits be obtained from Rice Creek Watershed District Adopted this 19th day of August 1996. ALLEST: Mayor Linke (SEAL) • City Clerk-Administrator, Chuck Whiting 44 t yr MVLINDS VIEW PLANNING APPLICATION APPLICANT: Everest Property Management Phvne (612) 636-2812 ADDRESS: 2665 Long Lake Road, Roseville, MN 55113 Street Address, City, State, and Zp Code Interest in Property (check appropriate box): ❑ Owner of Property • Q Contact for Deed Owner ❑ Lessee, Operator, Manager ❑ Agreement to Purchase Q Other (explain) • Documentary evidence of epplicanr'a interest In the property, may be required before Lind City action of tie requite. PROPERTY INVOLVED:. Location 5251 Program Avenue, Mounds View, Minnesota Legal Description or Property Identification Number ck 2 Mounds View Business Park according to the Lrecorded oplat,thereof. Legal Owner: Name/Address CALPERS, cjo Everest Group Ltd. 2665 Long Lake Road, Roseville, MN 55113 Present Use (check appropriate box): (Property ID# 08 30 23 41 0008 5) ❑ Undeveloped vac ant Q Single Family Dwelling ❑ Duplex/Two Family Dwelling Q Multi-Family (No. of Units ❑ Business/Commercial Establishment • ® Industrial Establishment ❑ Other (explain) •Property Classification: Q Abstract • ❑ Torrens REQUEST: Parking Lot Expansion •Please note: Applicant may be responsible for additional fees associated with the renew of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE Signature VarianceRezoning 3200/acre.minimum 5200.maximum$1,000 Part Fund Dedication Fes R-1 b R-2-Si 5,all others S2o0 oata Paid Conditional Use Permit R-1 to R-2- di others 52Oa Cuda Appeal 575 Receipt Number Dewiap./$its Plan Review SlQOtacrs.minimum too.mmiruR1 WOO Total Fes Paid /9- V&Minor Subdivision Si 50 '� Major SubdivisionDate Paid / 5250 plus S250 deposit Receipt Number Conn Plan Amendment 5200 ! 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( -,::,w = lag3 .... . .13 oft a. 0 ,_, ,.. - • . 4 .4.9 i w. -:: ..... „-: U — A) .... g ....__, ----N, o _-_: _------1 I 1 ._ __ I _ 1 I .., . . =1- _----7__ __ _—_ _ _ _ _ ._ _ _ _ _ _ L I— ._ _ .... _ ...... ..._ .-.::::: :_:::' r----N, 1 . 1 • :1: r;- UII IIIIIIIiIIIIIIIIHIIlIIIIIIIIIIUIIIlIIIIIIIIIIIIIIIIIIIIIII • =- lIllillllllllilllll llllllllllill' Illilillllllllilliiiiiiiil ,..._ _ aaaals Sztrcnb MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 468-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY • STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 87-81 WITH MOUNDS VIEW BUSINESS PARK, BUILDING G, 5251 PROGRAM AVENUE, PLANNING CASE NO. 453-96 WHEREAS, Everest Development, Ltd. has submitted an amendment to Development Agreement No. 87-81 with Mounds View Business Park, Building G, for site plan changes; and WHEREAS, the parking spaces along the east of the property will have a net increase of 35 parking stalls, and the east parking area will be reconfigured for angled parking stalls and restriped; WHEREAS, the parking stalls to the south of the building will be restriped; WHEREAS, the parking to the north of the building will not be altered; WHEREAS, the total parking stalls provided on the site will equal 500 stalls; WHEREAS, Staff, and the Planning Commission have undertaken review of the . proposal; and WHEREAS, the Planning Commission has determined that the changes will not adversely affect the project nor the adjacent residential areas; NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the revised site plan for Building G's parking lot, Mounds View Business Park, contingent upon the following: 1. A landscaping plan be submitted subject to approval of the City Forester. 2. Approval and all necessary permits be obtained from Rice Creek Watershed District. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of August 1996. ATTEST: Chairperson Peterson (SEAL) • Pam Sheldon, Community Development Director • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 469-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY • STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF EVEREST DEVELOPMENT LTD.,MOUNDS VIEW BUSINESS PARK,BUILDING G, 5251 PROGRAM AVENUE,PLANNING CASE NO.453-96 WHEREAS,Everest Development,Ltd. has requested City approval to amend Development Agreement 87-81 to increase parking by 35 stalls along the east of the building and restripe the parking stalls to the south of the building; WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals; and WHEREAS, the Planning Commission has reviewed the following documents regarding this development proposal: 1. Planning Application dated July 19, 1996 2. Site Plan dated July 11, 1996 • 3. Approval and all necessary permits be obtained from Rice Creek Watershed District. WHEREAS,the Planning Commission has determined that the proposal is in conformance with all applicable requirements of Title 1100. NOW,THEREFORE,BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the development review request, contingent upon the following: 1. Everest Development,Ltd. enter into a development agreement with the City of Mounds View. 2. A landscaping plan be submitted and installed, subject to approval of the City Forester. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of August 1996. A 1TEST: Chairperson Peterson (SEAL) Pam Sheldon, Community Development Director • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA411 MOUNDS VIEW DEVELOPMENT AGREEMENT NO. 87-81 Mounds View Eusiness Park 41/,,,,o_52/ THIS AGREEMENT made and entered into this , � day of , 1Vr, by and between the CITY OF MOUNDS VIEW, County of Ramsey, State of Minnesota, party of the first part, hereinafter called the "City", and Everest Development, Ltd . , and Commercial Property Invest- ments, Inc. (CPI ) Eamrtereel-Property-Investment party of the second part, hereinafter called the "Developer" , WITNESSETH: WHEREAS, the Developer, in consideration of approval of the Development Plans for Mounds View Business Park • and the issuance of permits thereof, hereby agrees with the City to perform all of the acts required herein and to conform to all of the conditions set forth as follows: 1 . Wherever the word "City" appears herein, it shall mean and include the City of Mounds View and also said City 's agents and employees; and wherever the word "Developer" appears herein, it shall mean the developer, and any of its agents and employees. Wherever the words "development site" appears herein, it shall mean the premises described in the following exhibits : Exhibit 1 - Site Development Plan dated June, 1987 Exhibit 2 - Preliminary and Final Plat dated June, 1987 Exhibit 3 - Contract for Private Redevelopment Exhibit 4 - Elevations, Office/Service Building 1 , Light Industrial Building 2, and Preliminary Landscape Plans dated June 10, 1987 Exhibit 5 - Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans dated • Wherever the words "public improvement" appear herein, it shall mean any improvement defined under Chapter 26. 04, 411 Sub. 1 , of the Municipal Code, and shall include and not be limited to streets, curbs, and gutters, sanitary sewer and water installations, storm water and drainage installations. 2. This document shall be referred to as the "Develop- ment Contract" and said document cannot be transferred or assigned except pursuant to the terms and conditions of the Contract for Private Redevelopment, Exhibit 3. 3. All improvements required herein to be performed by the Developer shall be constructed and paid for by said Developer pursuant to appropriate permits and approval from any governmental agency, such approval and any environmental assessments or environmental impact statements required to be obtained by and prepared at the expense of said Developer. !II 4. All public improvements, if any, required to be constructed by the Developer pursuant to this Agreement shall be performed by the Developer with such materials and equipment as required by the City under the direct supervision of the City and shall be in conformance with any and all regulations in force at the time of construction, and the City is hereby granted the right of access to the development site to inspect said construction at such times as the City may direct. 5. The Developer shall , and hereby does, agree to pay when due and before they become delinquent, all valid taxes and assessments, if any, there ever be levied against said development site or portion thereof, in accordance with the provision of the Contract for Private Redevelopment entered into between the City and the Developer. -2- 6. The City shall not be under any obligation or responsibility to act as engineer-consultant to the Developer in any matter related to this Agreement or to any public improvements required on said site by the City, or to act as inspector and report to said Developer any defect or failure, hazard or inadequacy or otherwise relative to said site development; any actual or implied approval by the City in respect to any development shall not serve either to alter or extinguish or to otherwise affect the responsibility, obliga- tion or liability of the Developer in this. 7. The Developer shall not unnecessarily damage or obstruct or cause any interference with drainage ways or drainage works located within or adjacent to said development site, or permit its contractor or other agents to do so. 8. The Developer shall not alter any of the public improve- • ments located on said site except if and as elsewhere herein provided or as particularly in each instance authorized in writing by the City. 9. Surface drainage to be constructed and approved , beofre and after construction, by the City Inspection Depart- ment. 10. All drainage easements required by the PUD approved by the City shall be granted by the Developer, without cost to the City, as required. 11. The Developer agrees to conform to all of the applicable requirements of the Mounds View Municipal Code, as amended from time to time, and particularly Chapters 26, 39, 40, 42, 48, 49, 49A, 59, 60, 61 , 62 and 63. -3- • 12. Developer herein agrees pursuant to provisions of the 111 Mounds View Municipal Code, Chapter 49.07, Subd. 6, to pay, prior to the approval of the permits required , the reasonable and necessary expenses incurred by the City in the processing, review and evaluation of the proposed development and in the inspection of all work performed pursuant to said contract. Such costs shall include administrative, legal , and engineering expenses incurred and allocatable to the project. 13. Developer agrees that the City can terminate develop- ment of the development site or the construction of any building structures thereon if the terms of this Development Contract have not been conformed to by the developer. In addition, in the event the Developer fails to conform to the conditions of this Agreement, the City shall be entitled to enforce it pursuant to 411 the terms of this contract and/or the provisions of the Mounds View Home Rule Charter, Chapter 26 of the Municipal Code or applicable Minnesota Statutes. 14. It is understood and hereby agreed by and between the parties hereto that any plans or data supplied by the City within or adjacent to said development site are approximations only and that the City explicitly does not pretent or guarantee or warrant any such plans or data to be either complete or correct. 15. The Developer shall not unnecessarily create, cause or suffer to exist or to continue to exist, any nuisance or hazard to persons or property within or adjacent to said site by reason of said public improvements, development of the site or other operations in respect thereof or permit its agents, engineers or contractors to do so. -4- 16. When applicable, three complete sets of plans and specifications or directions for any public improvement to be constructed on said site, each bearing the certificate and seal of a professional engineer duly registered in the State of Minnesota, shall be submitted to the City well in advance of the time proposed for commencing construction thereof. The City shall have a period of not less than 30 days in which to examine and review the plans and specifications submitted by the Developer and to reply to the Developer with respect to the adequacy or inadequacy of the plans and specifications. Upon final approval of the plan and specifications within a reasonable time following completion of the installation, the Developer shall furnish and deliver three sets of "as built" plans thereof to the City. If any public improvements are to be constructed on said site by the City, the necessary easements and right of ways shall be grated to the City at the expense of the Developer including the costs of the preparation of the right of way documents and filing. The Developer further agrees to grant to the City such easements over, under and across the development site, at no cost to the City, as are reasonably necessary for the maintenance of any public improvement constructed on the development site. The Developer shall establish permanent reference marks, reasonably satisfactory to shown locations of the public improvements constructed on the development site. 17. In the case of a multiple dwelling, commercial or industrial development or any use combining any of the afore411 - said uses, the Developer agrees on behalf of itself , its heirs, successors or assigns to permanently maintain the site described -5- herein pursuant to the terms of this development contract, and • said Developer shall not permit the premises to deteriorate or become blighted or to constitute a public nuisance. Enforcement of this provision shall be pursuant to the terms of this contract or the provisions of the applicable Minnesota Statutes, the Mounds View Home Rule Charter, and the Municipal Code. In the event of nonconformance by the Developer, the City shall seek mandatory relief, after written notice of the alleged violations, pursuant to the terms of this contract to enforce this provision and may proceed to abate public nuisances and to assess the cost of said abatement, including all costs, disbursements, legal fees against the development site, as provided for in the Home Rule Charter, Chapter 26 of the Municipal Code, and such other appli- 410 cable ordinances and Minnesota Statutes. The Developer 's obliga- tions under this paragraph shall immediately terminate, with respect to the Developer, upon the Developer 's transfer or conveyance of its entire interest in the development site provided the successor or assignee assumes said obligations. 18. The development site shall be developed as indicated on the attached site plan, referred to as Exhibit 1. The site plan and the development to be constructed thereon may be amended from time to time by the mutual written consent of the parties hereto, in conformance with the Municipal Code of the City. 19. In addition to all of the provisions recited herein- before, the Developer agrees to the following conditions as more . fully set out in Exhibit 2A attached hereto and made a part hereof. - 6 - 20. The provisions of this contract are severable, and in the event that any provision of this agreement is found invalid , the remaining provisions shall remain in full force and effect. This agreement is made and executed pursuant to and under authority of Resolution No. adopted by the City the // day of ZCe,01r' , 1917, and by resolution or authorized signature of the Developer. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. CITY OF VIEW/ By I _ uayor ���J//i. It1' i k-Admin - 'or DEVELOPER: EVERES DEVELOPMEN LTD. / / • By ��— C. William Fr- ke Its President COMMERCIAL PROPERTY INVESTMENTS, INC. By Jeffrey L. Nielsen Its President Approved as to form and execution this Zs-- day of V21€44/4A1 , 196: City Attorney • -7- • • EVEREST DEVELOPMENT, LTD. AND COMMERCIAL PROPERTY INVESTMENTS DEVELOPMENT AGREEMENT NO. 87-81 EXHIBIT 2A In addition to the foregoing conditions, the developer agrees to the following: 1. Pay a park dedication fee of $175, 000 to be paid as follows : $50, 000 by December 31 , 1987 and , $12, 500 per year for the years 1988 through 1997 by December 31st of each year. 2. Obtain City approval of the final plat and provide evidence of recording of said plat at Ramsey County prior to submitting building applications. 3. The Developer shall remove all billboards from the P.U. D. by December 1 , 1987, or as soon thereafter as Developer may legally do so. 4. The Developer shall secure approval from Rice Creek . Watershed District prior to awarding construction contracts. 5. All utilities shall be installed underground . 6. All public utilities shall be installed by December 31 , 1988. This includes the following: a) Water b) Sewer c ) Gas d ) Streets e ) Berm along south side of County H-2 including landscaping and sod f ) Signalize intersection at T.H. 10 g) Street lights: (1 ) The Developer shall furnish and install power to said street lights when Northern States Power Company provides power to the area h) Traffic control signs including stop signs, street intersection name signs i ) Telephone 7. The Devloper shall have recorded at Ramsey County on the . deeds of the lots adjacent to the storm water holding pond that maintenance of said pond shall be the responsibility of the property owner. Evidence of recording shall be submitted to the City. If said pond • -2- is filled with debris and the property owner has not 410 removed said debris, the City Council may maintain said pond and assess the maintenance cost to the property after giving 30 calendar days written notice to the property owner. 8. No building permits shall be issued until the plat is approved and recorded by Ramsey County. 9. The Developer shall furnish a $1 ,000 security for 7 years to guarantee the ponding and control structures - to be included in the Letter of Credit provided for in Section 4. 5 of the Contract for Private Redevelopment. 10. The developer shall install lot corners prior to approval of the building permit. 11 . Developer shall install metal fences posts (minimum 7 - 1/2 feet long) at lot corners prior to utility construction. 12. The Developer shall select street names and addresses for the lots and secure approval from the City and U.S. Post Office prior to approval of the final plat. 13. Final occupancy permits for each phase of the project • shall not be issued until water, sanitary sewer, storm storm sewer, concrete curb and gutter and bituminous base to service such phase have been installed the area of the project where the building is located. 14. Building signs and other signs shall meet City Code requirements and be uniform throughout the P.U. D. 15. City Code Chapter 40. 24, Subd. B(4 ) , requirements shall be satisfied. 16. All requirements of City Code Chapter 40. 24 Subd . • B ( 8 ) through B (13 ) , shall be satisfied . 17. The Development Phase Plans of the P. U. D. shall meet the approval of the Mounds View Fire Chief. 18. If the Developer acquires the single family house west of McDonald 's Restaurant, the property shall be included in the planned unit development. 19. The Developer shall install plantings on the south side of County Road H-2 in the area of the parking lot exits to County Road H-2 in accordance with approved P. U. D. 's landscaping plan. -3- 4 20. The Developer shall carry storm water away from a portion of County Road H-2 along that portion of frontage owned by the Developer as approved by the City Engineer. 21. No construction shall be permitted until a final Indirect Source Permit ( ISP) is issued by Minnesota Pollution Control Agency. The Developer agrees to comply with all of the requirements of the permit. The Developer further agrees to submit to the Director of the Division of Air Quality, Minnesota Pollution Control Agency, the annual report required by Part III, 8 of the Permit on behalf of the City with a copy being submitted to the City. 22. The Developer shall pay a Storm Water Management fee of 20% of the base fee as established by ordinance of the City. a Date: ✓ f/f FOR THE CITY: ,5fiL77 Date : FOR THE DEVELOPER: COMMERCIAL PROPERTY INVESTMENTS, EV P\EST DEVELOP,: ENT, LTD. INC. , / e / By By Jeffrey L. Nielsen, President C. Wil iam Franke, President • i t I • ATTACHMENT #1 EVEREST DEVELOPMENT, 'LTD. PETITION FOR PUBLIC IMPROVEMENTS , 1987 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA To the City Council of the City of Mounds View, Minnesota; We, the undersigned owner(s) of percent of the benefitted property described below, hereby petition that said real property be improved by street, curb and gutter, storm sewer, street light(s) , water and sanitary sewer and other public utilities ' pursuant to Mounds View Municipal Code, Chapter 26, and approved plans. We, the undersigned owner(s) , also agree that should we deem it inappropriate to proceed with the public improvements once the feasibility study or the plans and specifications have started , that financial responsibility for funds expended will be accepted and paid by us. • Description of property: Signature of Owner: Everest Development, Ltd . By: C. William Franke, President It is understood by the above signed owner(s) of 100 percent of the benefitted property being petitioned for improvements that said improvements will be assessed by a special assessment to the above benefitting property owner(s) . Examined, checked, and found to be in proper form and to be signed by the owner(s) of the 'property affectd by making of the improvement. Donald F. Pauley Clerk-Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 468-96 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 87-81 WITH MOUNDS VIEW BUSINESS PARK, BUILDING G, 5251 PROGRAM AVENUE, PLANNING CASE NO. 453-96 WHEREAS, Everest Development, Ltd. has submitted an amendment to Development Agreement No. 87-81 with Mounds View Business Park, Building G, for site plan changes; and WHEREAS, the parking spaces along the east of the property will have a net increase of 35 parking stalls, and the east parking area will be reconfigured for angled parking stalls and restriped; WHEREAS, the parking stalls to the south of the building will be restriped; WHEREAS, the parking to the north of the building will not be altered; WHEREAS, the total parking stalls provided on the site will equal 500 stalls; WHEREAS, Staff, and the Planning Commission have undertaken review of the proposal; and WHEREAS, the Planning Commission has determined that the changes will not adversely affect the project nor the adjacent residential areas; NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the revised site plan for Building G's parking lot, Mounds View Business Park, contingent upon the following: 1. A landscaping plan be submitted subject to approval of the City Forester. 2. Approval and all necessary permits be obtained from Rice Creek Watershed District. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of August 1996. ATTEST: Chairperson Peterson (SEAL) • Pam Sheldon, Community Development Director MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 469-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF EVEREST DEVELOPMENT LTD.,MOUNDS VIEW BUSINESS PARK,BUILDING G, 5251 PROGRAM AVENUE,PLANNING CASE NO. 453-96 WHEREAS,Everest Development, Ltd. has requested City approval to amend Development Agreement 87-81 to increase parking by 35 stalls along the east of the building and restripe the parking stalls to the south of the building; WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals; and WHEREAS,the Planning Commission has reviewed the following documents regarding this development proposal: 1. Planning Application dated July 19, 1996 2. Site Plan dated July 11, 1996 3. Approval and all necessary permits be obtained from Rice Creek Watershed District. WHEREAS,the Planning Commission has determined that the proposal is in conformance with all 41110 applicable requirements of Title 1100. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the development review request, contingent upon the following: 1. Everest Development, Ltd. enter into a development agreement with the City of Mounds View. 2. A landscaping plan be submitted and installed, subject to approval of the City Forester. 3. Approval and all necessary permits be obtained from Rice Creek Watershed District. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of August 1996. ATTEST: Chairperson Peterson (SEAL) • Pam Sheldon, Community Development Director i'= REQUEST FOR COUNCIL CONSIDERATION Agenda Section (017'101-Al• STAFF REPORT Report Number: y b-(S21 G IIIIMEM Report Date: 8/22/96 • CITY COUNCIL MEETING DATE — Special Order of Bus. � }�• v .! August 26, 1996 — p moo,, , Consent Agenda par`Panto''Q, X Public Hearings Council Business Item Description: Consideration of Ordinance No. 588, an Ordinance Amending the Development Contract Language of Chapter 1006.06, Subd. 4 of the Municipal Code; Planning Case No. SP-0007-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Section 1006.06, Subd. 4 of the Mounds View Municipal Code requires a developer to enter into a development contract prior to final approval of any subdivision, rezoning, special use permit, license or any building permit required for the construction, alteration, expansion or improvement of land. Such contracts shall include provisions for supervision of details of construction by the City and grant to the City authority to inspect all work performed to assure satisfactory performance and completion of the work. The typical contract includes a provision for posting surety to guarantee the completion of improvements. It is staff's understanding that one of the reasons for requiring such contracts and posting of surety is to assure that improvements are completed. Instances have occurred where the work to be done does not include improvements, or only includes private improvements on the site such as parking lots and landscaping. There are some practical difficulties with the current requirement. Staff is suggesting that this section of the Code be revised to allow for the following: • For actions requiring Planning Commission or City Council approval, the ability to waive the requirement for a development contract by the approval body when it is not necessary to meet the intent of the ordinance. • If the only requirement is for issuance of a building permit, the ability for the Community Development Department to waive the requirement at the time of issuance if there are no public improvements required with the provision that a development contract and surety could be used to guarantee the completion of private, on-site improvements at the time a certificate of occupancy is requested. An example of this situation would be a guarantee of landscaping if it is too late in the season for it to be planted at the time occupancy is requested, with the guarantee that it would be planted in the next growing season. Staff has discussed the proposed amendments in concept form with Planning Commission at its August 7, 1996 meeting. Staff had hoped, based on the discussion, to draft the ordinance and have it ready for this litECOMMENDATION: Table conduct of the public hearing and discussion of the ordinance, and reschedule for your September 24 meeting. City Council Planning Case No. SP-0007-96 Development Contracts August 22, 1996 • City Council meeting. Planning Commission requested that they see the specific ordinance changes before they make a recommendation, and this item comes before City Council. Therefore, no ordinance is available at this time for City Council review. plurudytt, Pamela Sheldon, Community Development Director • • ('a ? REQUEST FOR COUNCIL CONSIDERATION Agenda Section /C!7i5pr•c'i. REPORT Report Number: 9b— Ig'22G I ISTAFF 0.1?;<`rZ Report Date: 8/23/96 • I. CITY COUNCIL MEETING DATE _ ``` August 26, 1996 Special Order of Bus. r Consent Agenda °f.�ip�t,Pastncrs%As g X Public Hearings Council Business Item Description: Consideration of Ordinance No. 589, an Ordinance Amending Chapter 1301, Entitled "Flood Plain Zoning" by Amending the Definitions in Section 1301.04 Subd. 15; Section 1301.07 Subd. 7 on Flood Insurance Notice and Record Keeping; Section 1301.10 Subd. 5 on Travel Trailers and Travel Vehicles; Section 1301.10 Subd 2.c.(3) on Accessory Structures; and Section 1301.13 Subd. 2 on Nonconforming Uses; and to correct minor typographical errors and errors in cross-references; Planning Case No. SP-0002-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The Minnesota Department of Natural Resources has notified the City that our current Flood Plain Zoning District (Chapter 1301) is not in compliance with federal law. DNR has provided to us a list of the changes needed to bring the City's ordinance into compliance. Revisions have been drafted and contained in the attached Ordinance No. 589. The proposed ordinance has been reviewed by the City Attorney, who suggested changes have been incorporated. Mr. Joe Richter, representing the Minnesota DNR, has reviewed the proposed ordinance and notified us by telephone that it is acceptable and includes all of the changes requested by DNR. A summary of the changes is as follows: • Revision to the definition of"Structure" to add reference to Travel Trailers and Travel Vehicles, and addition of a definition of Travel Trailer and Travel Vehicle (p. 1) • Revision to the section on Flood Insurance Notice and Record Keeping to remove the specific dollar amount insurance may increase (p. 2) • Allows for travel trailers and travel vehicles as a permitted use in the Flood Plain Zoning District, with the addition of areas exempted for placement of such trailers and vehicles and criteria for when this exemption is lost. Additional language allows for new commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations in the floodway or flood fringe if they meet certain criteria. (p. 2-3) • Adds more specific language regarding accessory structures, and how they must be elevated or floodproofed (p. 5) • Adds more specific language as to how nonconforming structures may be changed, and when such structures must meet the standards for new structures (p. 7-8) Introduction of this ordinance will require a roll call vote. Pame a Sheldon, Community Development Director City Council Planning Case No. SP-0002-96 Flood Plain Zoning August 22, 1996 • RECOMMENDATION: Motion to waive actual reading and Consider formal introduction of Ordinance No. 589, an Ordinance Amending Chapter 1301, Entitled"Flood Plain Zoning" by Amending the Definitions in Section 1301.04 Subd. 15; Section 1301.07 Subd. 7 on Flood Insurance Notice and Record Keeping; Section 1301.10 Subd. 5 on Travel Trailers and Travel Vehicles; Section 1301.10 Subd 2.c.(3) on Accessory Structures; and Section 1301.13 Subd. 2 on Nonconforming Uses; and to correct minor typographical errors and errors in cross-references. Attachments: - Resolution adopted by the Planning Commission recommending approval of this amendment. Ordinance 589 • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 471-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING THE MOUNDS VIEW MUNICIPAL CODE BY AMENDING CHAPTER 1301, RELATING TO FLOOD PLAIN ZONING IN ORDINANCE NO. 589 WHEREAS, Chapter 1301, entitled "Flood Plain Zoning," is currently not in compliance with the Federal Emergency Management Agency requirements; and WHEREAS, a compliant floodplain ordinance is a prerequisite of a community's eligibility in the National Flood Insurance Program (NFIP); and WHEREAS, NFIP provides federal and state assistance in the event of flooding, denial of flood insurance in a community, allows the opportunity for citizens to purchase flood and related water damage insurance; and WHEREAS, the City of Mounds View is committed to reducing flood damage potential through a properly administered and compliant floodplain ordinance; and • WHEREAS, the Planning Commission recommends modification to Chapter P 1301, entitled "Flood Plain Zoning", to add the required provisions by amending the definitions of structure in Section 1301.04, Subd. 15,; Section 1301, Subd. 7, on Flood Insurance Notice and Record Keeping; Section 1301.10, Subd. 5, on Travel Vehicles and Travel Vehicles; Section 1301.10, Subd. 2.c.(3) on Accessory Structures; and Section 1301, Subd. 2, on Nonconforming Uses, and to correct minor typographical errors and errors in cross-references. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance No. 589, an ordinance amending Chapter 1301, entitled "Flood Plain Zoning," of the Mounds View Municipal Code. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this Resolution to the City Council prior to approval of the minutes. Adopted this 7th day of August 1996 ATTEST: Chairpetion V eterson (SEAL) }v1'V ALL ` 4,l/ • Pdm Sheldon, Community Development Director ORDINANCE NO. 96-589 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO FLOOD PLAIN ZONING AND FLOOD CONTROL REGULATIONS AND AMENDING TITLE 1300, CHAPTER 1301, SECTIONS 1301.04, 1301.10, AND 1301.13 OF THE MOUNDS VIEW MUNICIPAL CODE THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 1301.04 Subd. 15 of the Mounds View Municipal Code is hereby amended, and Section 1301.04 Subd. 16 is hereby added to read as follows: Subd. 15. STRUCTURE: Anything constructed or erected on the ground or attached to the ground, or on-site utilities, including but not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers and travel vehicles not meeting the exemption criteria specified in this section of the ordinance and other similar items (Ord. 535, 3-24-94) Subd. 16. TRAVEL TRAILER AND TRAVEL VEHICLE: A vehicular-type portable structure, mounted on wheels and without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, tuck campers, camping trailers and self-propelled motor homes. Section 2. Section 1301.06 is hereby amended to read as follows: 1301.06: ZONING ADMINISTRATOR: A Zoning Administrator designated by the City Council' shall administer and enforce this Chapter. If he/she finds a violation of the provisions of this Chapter, he/she shall notify the person responsible for such violation and order the action necessary to correct it. (Ord. 535, 3-14-94) See Section 1125.05 of this Code,City Clerk-Administrator to serve as Zoning Administrator. • Flood Plain Ord. Page No.1 • Section 3. Section 1301.07 Subd. 7 is hereby amended to read as follows: Subd. 7. Flood Insurance Notice and Record Keeping: The Zoning Administrator shall notify the applicant for a variance that: a) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance . . . • .. .. se . ,0 0 . . - we . .. . , . : . •- . - and b) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (Ord. 535, 3-14-94) Section 4. Section 1301.10 Subd. 2 (5) is hereby amended to read as follows: (5) Travel Trailers and Travel Vehicles. Travel trailers and travel vehicles that do not meet the exemption in Section 1301, Subd. 2(5)(a) below shall be subject to the provisions of this ordinance and as especially spelled out in Subd. 2(5)(c) and (d) below. . •- • - • . • •- - . . - • - - . . t,riteria: (a) Exemption- Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 1301 Subd. 2(5)(b) below and if they meet the following criteria: (a)(1) Have current license required for highway use. (b)(2).Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/vehicle has no permanent structural type additions attached to it. (3) The travel trailer or travel vehicle and associated use must be permissible in any preexisting, underlying zoning use district. (b) Areas exempted for Placement of Travel/Recreational Vehicles: 11) Individual lots or parcels of record. (2) Existing commercial recreational vehicle parks or campgrounds. (3) Existing condominium type associations. • Flood Plain Ord. Page No.2 (c) Travel trailers and travel vehicles exempted in Section 1301.10, Subd. 2(5)(b) lose this exemption when development occurs on the parcel • exceeding five hundred (500) dollars for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and an accessory structures will then be treated as a new structures and shall be subject to the elevation requirements and the use of land restrictions specified in Section 1301.10, Subd. 2 of this ordinance. (d) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium association and the expansion of any existing similar uses exceeding five (5)units or dwelling sites shall be subject to the following: (1) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevations determined in accordance with the provisions of Section 1301.10 Subd. 2.c.(2) of this Ordinance and proper elevated road access to the site exists in accordance with Section 1301.10 Subd. 2.c.(3)(b) of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or • regional flood. (2) All new or replacement travel trailers or travel vehicles not meeting the criteria of(1) above may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during the times of flooding in accordance with Section 1301.15 of this Ordinance. Section 5. Section 1301.10 Subd. 2.b.(7) is hereby amended to read as follows: (7) Other uses similar in nature to uses described in Section 1301.10 Subd. 2.a. and 2.b. hereof which are consistent with the provision set out in Section 1301.02 and this Section. • Flood Plain Ord. Page No.3 • Section 6. Section 1301.10 Subd. 2.c.(1), (2) and (3) are hereby amended to read as • follows: (1) All Uses:.No structure (temporary or permanent), fill (including fill far for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use which, acting alone or in combination with existing or reasonably anticipated future uses, increases flood heights. In addition, all F.Z.D. conditional uses shall be subject to the standards contained in srrbdivisron- Section 1301.12 Subd. 5 (5)of this Chapter and the following standards of this Subdivision 3 Section 1301.10 Subd. 2.c. (2)Fill: (a) Any fill deposited in the F.Z.D. shall be no more than the minimum amount necessary to conduct a conditional use listed in subdivision 2b Section 1301.10 Subd. 2.c.(2)(b) hereof. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not, in any way, obstruct the flow of flood waters. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation -FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot development. These standards should be investigated prior to the iniation of site preparation is a change of special flood hazard area designation will be requested. (b) Spoil from dredging or sand and gravel operations shall not be deposited in the F.Z.D. unless it can be done in accordance with a Section 1301.10 Subd. 2.c.(2)(a) above. (3) Accessory Structures: Temporary or permanent accessory structures permitted as conditional uses by subdi'vision 2b1 Section 1301.10 Subd. 2.(b) hereof. (a) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot (1') below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15') beyond the limits of the structure constructed thereon. • Flood Plain Ord. Page No.4 (b) All Uses: Uses that do not have vehicular access at or above an elevation not more than two feet (2') below the regulatory flood protection • elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. (c) Accessory structures shall not be designed for human habitation. (d) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. Building-Eode:2 Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or Fp-4 floodproofing classification in the State Building Code provided the accessory structure does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for the parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic floodforces on exterior walls: and • (2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly floodproofed. 2 See Section 1001.01 of this Code. • Flood Plain Ord. Page No.5 • Section 7. Section 1301.11 Subd. 2 and Subd. 6 are hereby amended to read as follows: Subd. 2. Application for Permit: Application for a use permit shall be made in duplicate to the Zoning Administrator on forms furnished by him/her and shall include the flowing where applicable: Plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials and the location of the foregoing in relation to the stream channel or water body. Subd.6. Record of First Floor Elevation: The Zoning Administrator shall maintain a record of the elevation of the first floor(including basement) of all new structures or addition to existing structures in the flood plain districts. He/She shall also maintain a record of the elevations to which structures or addition to structures are floodproofed. (Ord. 536, 3-14-94) Section 8. Section 1301.12 Subd.2 is hereby amended to read as follows: Subd. 2. Decisions: The Planning and Zoning Commission shall consider the request at its next regular agenda meeting unless the filing date falls within fifteen (15) days of said meeting, in which case, the request would be placed on the agenda and considered at the regular agenda meeting following the next agenda meeting. The Clerk-Administrator shall refer said application along with all related information • to the City Planning and Zoning Commission at least ten (10) days prior to the regular meeting. The City Council shall then arrive at a decision on a conditional use within sixty (60) days of the date on which the application was accepted as complete and scheduled for the Planning Commission agenda meeting, except that an extension of sixty(60) days may be allowed with notice to the applicant. In granting a conditional use permit, the City Council may prescribe appropriate conditions and safeguards, in addition to those specified in Section 1301.12 Subd. 7. hereof which are in conformity with the purposes of this Chapter. Violations of such conditions and safeguards, when made part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Chapter punishable under Section 1301.19. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commission of Natural Resources within ten(10) days of such action. Section 9. Section 13.01.12 Subd. 3.a. is hereby amended to read as follows: a. Upon receipt of an application for a conditional use permit for a use within the F.Z.D., the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning and Zoning Commission for the determination of the regulatory flood protection elevation: • . . . - .•- .. . ••. - - •. •. . . .. . • Flood Plain Ord. Page No.6 111 • • .. . . . - - • . • ••• .V . • • • • lutation and-elevatioas of streets, photographs-showing existing land uses . • • . '• . • . . • •• •. - - . . • •' ••-. (1) plan (surface view) showing elevations or contours of the ground (2) pertinent structure, fill or storage elevations: (3) size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets 14) photographs showing existing land uses and vegetation upstream and downstream (5) soil type Section 10. Section 1301.12 Subd. 5.b. is hereby amended to read as follows: b. Transmit one copy of the information described in subdivisiorr4a Section 1301.12 Subd. 4.a. above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the • seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. Section 11. Section 1301.12 Subd. 6 is hereby amended to read as follows: Subd. 6. Time for Acting on Application: The city Council shall act on an application in the manner described above within the time limits given above, except where additional information is required pursuant to Section 1301.12 Subd. 3 and 4 of this Section. The City Council shall render a written decision within fifteen (15) days from the receipt of such additional information beyond the time limits given above. Section 12. Section 1301.13 Subd. 2 is hereby amended to read as follows: Subd.2. . . . . . - . '• • .••' '• • . • • • • ' - . • •- • of the - . -, ' . - ' - • • - • ' • , • • • • - . • - • • - • . • V . • • • • • • • - - . - . '.• • •1111• • •'•• • . • . .• • • . - •• - •• ••• •. . • for the entiie structure. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall • Flood Plain Ord. Page No.7 • not exceed fifty (50) percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current costs which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceed fifty(50) percent of the current market value of the structure, then the structure must meet the standards of this ordinance for new structures. Section 13. Section 1301.13 Subd. 8 is hereby amended to read as follows: Subd.8. The Zoning Administrator shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with ••• •' . : Section 1301.12 Subd. 7 of this Chapter. He shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provision of this Chapter. (Ord. 535, 3-14-94) Section 14. Section 1301.14 Subd. 3 is hereby amended to read as follows: Subd. 3. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management (FEMA) has established criteria for removing the special flood • hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (Ord. 535, 3-14-94) Section 15. Section 1301.15 Subd. 2 is hereby amended to read as follows: Subd. 2. Public Transportation Facilities: Railroad tracks, roads and bridges to be located within the F.Z.D. shall comply with subdivisions 1301.10(2)c(1) and (2)c(2) Section 1301.10 Subd. 2.c(1) and (2) of this Chapter. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption or transportation services would not endanger the public health or safety. (Ord. 535, 3-14-94) • Flood Plain Ord. Page No. 8 Section 16. Section 1301.16 Subd. 1 is hereby amended to read as follows: • Subd.1. The flood plain designation on the Flood Plain Zoning Map shall not be removed from flood plain area unless it can be shown that the designation is in error or that the area has been filled to or above the elevation for the regional flood and is contiguous to lands outside the flood pain. Special exceptions to this rule may be permitted by the Commission of Natural Resources if he/she determines that, through other measures, lands are adequately protected for the intended use. Read by the City Council of the City of Mounds View this 26th day of August, 1996 Read and passed by the City Council of the City of Mounds View this day of , 1996. Jerry Linke, Mayor ATTEST: • Chuck Whiting, City Clerk-Administrator APPROVED AS TO FORM: Robert Long City Attorney • Flood Plain Ord. Page No. 9 A REQUEST FOR COUNCIL CONSIDERATION Agenda SectionjL4 STAFF REPORT Report Number: qb- I?2.3 C '< Report Date: 8/22/96 • a CITY COUNCIL MEETING DATE • .— Reg% u1,t5+ 26 199 _ Special Order of Bus. p,' £Sr•PasinwPps Consent Agenda Public Hearings �( Council Business Item Description:Consideration of Formal Introduction of Ordinance No. 583 An Ordinance Relating to Therapeutic Massage License Regulation: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514 Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: City Attorney Bob Long has drafted the attached massage therapy ordinance amendment for Council review and action. The Council will recall the need for this ordinance amendment stemming from the adoption of the City's adult entertainment ordinance. The purpose of the ordinance is to standardize and regulate this activity for the health and safety of residents utilizing a legitimate service. Attorney Long will be present at the meeting and can address any questions the Council may have regarding this amendment. &-J2S Chuck Whiting, Clerk- dministrator RECOMMENDATION: Recommendation for Council to consider and introduce Ordinance 583 as a first reading for adoption. ORDINANCE NO. 96-583 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO THERAPEUTIC MASSAGE LICENSE REGULATIONS: AMENDING TITLE 500 OF THE MOUNDS VIEW MUNICIPAL CODE BY ADDING A NEW CHAPTER 514 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Title 500 of the Mounds View Municipal Code is amended by adding a new Chapter to read: Chapter 514: Therapeutic Massage 514.01 Findings. It is found and determined that: a. persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b. health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c. license qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d. massage services provided by persons with without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. 514.02 Definitions. The terms defined in this section have the meanings given •them. RCL103942 MU125-40 1 • Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, A9 pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3. "Massage" means the rubbing, stroking, kneading, g tapP in or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.69. Subd. 6. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. • Subd. 7. "In the city"means physical presenceas well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from in the city. 514.03 License required. Subd. 1. Therapeutic massage enterprise. It is unlawful to operate, offer, engage in or carry on massage services in the city without a therapeutic massage enterprise license. Subd. 2. Therapeutic massage therapist license. It is unlawful to practice, administer or provide massage services in the city without a therapeutic massage therapist license. 514.04 Exemptions. A therapeutic massage enterprise license or therapeutic massage therapist license is not required for the following persons and places: a. persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is • administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; RCL103942 MU125-40 2 b. persons licensed by the state as beauty culturists or barbers, provided the . persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; c. persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; d. places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and e. athletic coaches, directors and trainers employed by public or private schools. 514.05 General rule. The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. 514.06 License application. • Subd. 1. Therapeutic massage enterprise. The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (1) whether the applicant is an individual, corporation, partnership or other form of organization; (2) the legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) the floor number, street number and rooms where the massage services are to be conducted; (4) whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; •(5) if the application is for premises either planned or under construction or undergoing substantial alteration, the application RCL103942 MU125-40 3 • must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) the name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; (7) other information that the city council may require. b. For applicants who are individuals: • (1) the name and date of birth and of the applicant and applicant's residence address; (2) if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) residence addresses of the applicant during five years preceding • the date of application; (4) the type, name and location of every business or occupation the applicant has been engaged in during the preceding five years; (5) names and addresses of the applicant's employers for the preceding five years; (6) if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; (7) if the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: (1) the names and addresses of general and limited partners and the information concerning each general partner described in subd. • 1.b. of this section; RCL103942 MU125-40 4 (2) the managing partners must be designated, and the interest of each general and limited partner in the business must be • disclosed; (3) a true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. d. For applicants that are corporations: (1) the name of the organization, and if incorporated, the state of incorporation; (2) a true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, section 303.02; (3) the name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subd. 1.b.; (4) a list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subd. 1.b. of this section. Subd. 2. Therapeutic massage therapist. An application for a therapeutic massage therapist license must contain the following information: a. the applicant's name and address; b. the applicant's current employer; c. the applicant's employers for the previous five years, including employer's name, address and dates of employment; d. the applicant's residence address for the previous five years; e. the applicant's social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; • RCL103942 MU125-40 5 • • f. if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; h. evidence that the applicant: (1) has current insurance coverage over $1,000,000 for 'professional liability in the practice of massage; (2) is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the city; (3) has completed 400 hours of certified therapeutic massage training from a recognized school that has been approved by the city manager; (4) has one year of experience practicing massage therapy as • established by an affidavit and can document within two years of obtaining the license that the person has completed 400 hours or certified therapeutic massage training from a recognized school; if such documentation cannot be established at the time of license renewal, the license will not be renewed and the person who received the license based upon experience may not receive a license in the future unless the person has the requisite certified hours. i. other information that the city council may require. 514.07 Application and investigation fees. The fees for a massage enterprise and therapist licenses are set forth from time to time by City Council resolution. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. 514.08 Application verification and consideration. Subd. 1. Therapeutic massage enterprise license. The city manager must verify the information supplied on the license application and investigate the background, • including the criminal background, of the applicant to assure compliance with this section. Within 90 days of receipt of a complete application and fee for a therapeutic massage enterprise license, the city manager must make a written recommendation RCL103942 MU125-40 6 to the city council as to issuance or nonissuance of the license. The city council may • order additional investigation if it deems it necessary, but must grant or deny the application within 120 days of receipt by the city manager of the complete application and required fees. Subd. 2. Therapeutic massage therapist license. Within 90 days of receipt of a complete application and fee for a therapeutic massage therapist license, the city manager must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the city council within 20 days. If an appeal is properly made, the matter will be placed on the next available city council agenda. 514.09 Persons ineligible for license. Subd. 1. Therapeutic massage enterprise license. A therapeutic massage enterprise license may not be issued to an individual who: a. is a minor at the time the application is filed; b. has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and • present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; c. is not of good moral character or repute; • d. is not the real party in interest of the enterprise; e. has misrepresented or falsified information on the license application. Subd. 2. Therapeutic massage therapist license. A therapeutic massage therapist license may not be issued to a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) doe s not hold, a therapeutic massage enterprise license. 514.10 Locations ineligible for therapeutic massage enterprise license. Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or city are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01-278.13, questioning the amount or validity of taxes, the city council may on application waive strict compliance . with this provision; no waiver may be granted, however, for taxes or any portion thereof,which remain unpaid for a period exceeding one year after becoming due. RCL103942 MU125-40 7 Subd. 2. Zoning compliance. A therapeutic massage enterprise may not be • licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. 514.11 General license restrictions. Subd. 1. Posting. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Area. A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee must inform the city manager. A licensed therapeutic massage therapist may perform on-site massage at a business, public gathering, private home or other site not on the therapeutic massage enterprise premises. Subd. 3. Transfer. The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. • Subd. 4. Coverings. The therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non-transparent material or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. Subd. 5. Prohibited massage. A therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. 514.12 Restrictions regarding sanitation and health. Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture • must be sanitized after each massage. RCL103942 MU125-40 8 Subd. 3. The therapeutic massage therapist must wash the therapist's • hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. • Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. •Subd. 10. A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Massage therapists must wear clean clothing when performing massage services. 514.13 License term: renewals. Licenses expire annually on December 31. The license fee will be prorated in 30-day increments for licenses issued after June 30. The city manager must prepare an application form for the renewal of a license requiring information that the manager determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. 514.14 Suspension: revocation. A license granted under this section may be suspended or revoked by the city council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime "or misdemeanor or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. 514.15 Temporary therapist license. Subd. 1. The city manager may issue a temporary theraputic massage therapist • license as provided in this subsection. RCL103942 MU125-40 9 • Subd. 2. A temporary massage therapist license may be issued to a person who a. is qualified to hold a massage therapist license under this section; b. has completed the required application and paid the license fee at least seven days prior to the efective date of the license. Subd. 3. A temporary license is effective for four consecutive days. A person may not be issued more than three temporary licenses in any period of 360 consecutive days. Subd. 4. All other provisions of this section apply to temporary licenses. 514.16 Hours of operation. A licensed therapeutic massage enterprise may not operate for business between the hours of 9:00 p.m. and 7:00 a.m. 514.17 Violations and Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. Section 2. This ordinance is effective thirty days after its publication. i Read by the City Council of the City of Mounds View this 26th day of August, 1996. Read and passed by the City Council of the City of Mounds View this day of , 1996. Jerry Linke, Mayor ATTEST: Chuck Whiting, City Clerk-Administrator APPROVED AS TO FORM: City• Attorney Y RCL103942 MU125-40 10 REQUEST FOR COUNCIL CONSIDERATION A CURES STAFF REPORT Benda Section I i� • Grip , Report Number: yC ....... Report Date: 8/19/96 ,.. JEW1 COUNCIL,MEETING DATE Au st 26 1996 �$'Pn"�rrne�h�Qs Special Order of Bus. Consent Agenda Public Hearings Council Business Supporting Cooperative Description: Consideration of Resolution Su X Grant Application to Met. Council for I-35W Corridor Coalitooperative Livable Cities Demonstrationi Executive Director's on Planning Activities. -No Comments to Review/Recommendation: supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as neces Summary: sary) The City of Mounds View has been Participating in the 35W Corridor Coalition with the Cities of New Brighton, Roseville Arden Hills and Shoreview. Since the adoption of resolution no. 4 joining to show a cooperative 951 approving Mounds View's participation in the North Metro 35W Corridor Coalition, the Cities of Blaine and Minneapolis have express interest in corridor, p ve spirit in addressing needs along the Coalition has an opportunity to apply nstration Account for the research and implementation strategies grant funds through the Metropolitan Livable Communities Act 403 along I-35W dealing with economic development, transportation,s in the development eofd a cooperative employee training needs, coordinated GIS data systems and other co that will affect the future of the corridor and the housing, contaminated lands,unityleconomic development issues Corridor Cities. The grant will include both a financial and in-kind co the of evaluating how much of a commitment from the Corridor Cities. the process be able toprovideyou this may be dependant upon the total funding Coalition is in Should with an estimate of funds needed if the grant is awarded request. I at the Council The deadline for submission of the grant is August 29, 1996. If . . agreement will be signed by all Corridor Cities. Thegroup the grant a awarded a point powers powers agreement. is currently drafted the language of the joint This is a very exciting project that could be a model for collaboration between cities for a co able project meeting and exceeding the Met Councoil js Livable Communities Act objectives. The highly fund fi _ Cao y Benne , Econ. Dev. Coordinator `EApprove A ove resolution supporting Cooperative Livable Cities Demonstration G P on to Met. Council for I-35W Corridor Coalition Planning Activities. rant RESOLUTION NO. 4984 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING COOPERATIVE LIVABLE CITIES DEMONSTRATION GRANT APPLICATION TO METROPOLITAN COUNCIL FOR I-35W CORRIDOR COALITION PLANNING ACTIVITIES WHEREAS, the Cities of Arden Hills, Blaine,Minneapolis, Mounds View,New Brighton, Roseville and Shoreview(I-35W Coalition Cities) directly border the Northern Metro Section of Interstate 35W(I-35W Corridor) and are participants within the Metropolitan Liveable Communities Act; and WHEREAS, the I-35W Coalition Cities have commenced a collaborative effort to discuss, identify and address macro economic development,housing, transportation, contaminated lands, employee training needs, and other physical land use and community planning issues along the entire 1-35W corridor; and WHEREAS, the I-35W Coalition Cities intend to utilize this information to guide and support the development of essential transportation and infrastructure improvements along the I- • 35W Corridor, as well as to assist in determining appropriate mass transit policies, and for assisting to develop a coordinated/collaborative database and GIS system, compatible with metropolitan GIS system decisions; and WHEREAS, the I-35W Coalition Cities desire to utilize this strategic alliance to assist in marketing and guiding development along the I-35W Corridor, consistent with the intent of the Metropolitan Livable Communities Act and Metropolitan Council's Regional Blueprint and individual community land use plans; and WHEREAS, the I-35W Coalition Cities approved resolutions earlier this year supporting the intent behind the coalition's efforts and each Cities' participation within it; and WHEREAS, the I-35W Coalition Cities have been meeting for several months in developing this collaborative effort and are in the process of preparing and intend to enter into a formal joint powers agreement within the next several months for the purpose of carrying out the goals and objectives of this collaborative effort, including the designation of a fiscal agent; and WHEREAS, the information collected and analyzed through the efforts of the I-35W Coalition will be critical to the discussion and policy decisions associated with the current metropolitan area growth options; and WHEREAS, the success of this collaborative effort will be dependant upon havingaccess • P P to adequate resources to comprehensively research and address the critical issues that impact all I-35W Coalition Cities and I-35W Corridor; and WHEREAS, the goals and objectives of the I-35W Coalition cities are consistent with the funding guidelines established within the Metropolitan Livable Communities Act and would be 0 an appropriate source of funds for assisting in implementing this long term planning effort. NOW THEREFORE BE IT RESOLVED that the Mounds View City Council, in and for the City of Mounds View, as a participating community within the I-35W Coalition, strongly supports the preparation and submittal of a grant application to the Metropolitan Council under the Metropolitan Livable Communities Act, and other appropriate funding sources, in order to secure funds for implementing the goals and objectives of the coalition. Adopted this 26th day of August, 1996. Al-FEST: Mayor • (SEAL) Clerk Administrator 0 0 I RESOLUTION NO. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE SCHEDULING OF CERTAIN MEETINGS OF RESIDENTIAL GROUPS IN THE BEL RAE WHEREAS, numerous Mounds View groups have been approaching city staff and city council members requesting use of the Bel Rae for meetings that cannot be accommodated in any other city facility, and WHEREAS, the city currently has computer software to schedule use of city facilities, has policies requiring payment of key deposits and room deposits, and is familiar with the needs and risks associated with various residential groups who have used city facilities, and WHEREAS, it is the intention of the City Council to encourage civic use of the Bel Rae during the interim period in which planning for its renovation continues; NOW THEREFORE, BE IT RESOLVED, THAT city staff be allowed to schedule meetings of Mounds View residential groups such as homeowner and rental association meetings, neighborhood crime watch meetings and similar meetings of residents which cannot be accommodated in other city facilities, using existing policies for use of other city facilities, with the understanding that any such scheduled meetings could be canceled with a two-week notice if staff determines such meeting would interfere with plans for remodeling of the Bel Rae. Adopted this day of August, 1996. ATTEST: Mayor (SEAL): Clerk-Administrator f THIS IS IT. . . . FOR THE WEEK OF AUGUST 19 - AUGUST 23, 1996 ADMINISTRATION As the summer starts winding down(sad thought isn't it)things are starting to gear up in a few areas. Cathy and I did receive an updated Bel Rae survey that looks pretty good. Decision Resources will begin the survey shortly and I will contact the newspapers to let them know this is going on. As Council members know, I was unable scheduled a meeting for next week to further discuss this project, but perhaps with the survey results, a meeting in early September will suffice. The Council may wish to set a date for this meeting on Monday. We have also been working with Recreation to outline a fall Bel Rae use program and their associated costs. The programs costs appear nominal and the uses are low key. More work is being done on special event opportunities as well. Staff will report on that area to the Council at the September 3 work session. I have also received a request from Northwest Youth&Family Services to locate a Community Clothing Connection service in the building. We also have an energy auditor coming today to look at the building, as well as City Hall and the Public Works garage. This may lead to some grant money. With Pam on board, we are getting back into the swing on the pedestrian bridge. The two issues being worked on right now are securing the easements at the two ends of the bridge, and the future of the pond. Both of these will likely be discussed again at the September 3 work session. The Quad Rink project is moving along too. Mounds View will host councils from New Brighton, Arden Hills and Shoreview next week to discuss our options. The four communities are slated to have one of the four rinks and the business side of such an arrangement has to be sorted out. Other options may also come out of this discussion. We are also creeping along on the 1997 budget. I am realizing that some of my problems in moving this faster have come from first, getting a handle on the program side, and second, what additional steps need to be taken to further the programming. I appreciate the patience the department heads and Council have shown, and fully expect to have a reasonable preliminary budget to present in early September. Cathy and I met with a new consultant on the Everest project. Dave Maroney of Community Partners in Northfield is looking at the Everest and TIF situation and hopefully will be able to come up with some options that may get this project going or putting it to rest. And as always there have been plenty of meetings to go to. Today I will have lunch with the County Administrator and no doubt learn about everything there is to know about Ramsey County government. Have a good weekend! Chuck ECONOMIC DEVELOPMENT • I am working with Bob Long in drafting a rental contract for Rental Use of the Bel Rae. We will be preparing information on how to structure the use of liquor at the facility, protection against damages, costs associated with private rental, etc. The information will be brought forth at the September 3rd work session for discussion. • Pam and I continue to work on a potential use of the O'Neil Property. The developers, who are based out of Dallas, finally made contact with the owner and have met with her attorney. She is willing to sell the property to this group but all will be contingent upon City's willingness to support the use and assist with the ponding issues. Pam met with Rocky and he suggested that the wetland be delineated prior to making a determination regarding the impact of the proposed use. The developer will be preparing a draft site plan for Council review at the September work session. • The I-35W Corridor Coalition is pulling together the expertise in each City to complete the grant application. Mounds View was assigned two sections; Business Retention and Development and Housing. Pam and I have prepared draft program outlines for these sections and Strauss Management Company is pulling the pieces together for a coordinated grant application. The committee will meet again Monday, Aug. 26,to finalize the grant. City Council item for consideration includes a resolution supporting Mounds View's participation in the grant application to Met Council as part of the Metropolitan Livable Communities Act. • The EDC will meet this week for their regularly scheduled August meeting. One of the items on their agenda includes reviewing possible uses for the Blue House property and Win/Jones Property. This area along Highway 10 was the Council's third priority. I have had several inquiries regarding the property and need some direction with regards to types of uses, City's participation,possible sales price, etc. The EDC's recommendations will be brought to the Council\EDA at the September work session. Cathy PARKS, RECREATION AND FORESTRY PARKS: Steve Dazenski is out this week for surgery and recovery. He will hopefully be feeling better as he anticipates being back to work the middle of next week. Graffiti at Lambert Park hockey rink required unexpected time and labor to repaint- graffiti remover just couldn't rid of that red paint. Routine park maintenance with the addition of painting soccer fields continue. Overgrown landscaping bushes around playground equipment at Groveland, bushes obscuring Woodcrest Park building windows, and overgrown bushes at Random Park are being removed. The trend for high visibility is a priority over landscape bushes and we are adapting our park facilities thus. Parks crew continue to pick up branches and trim broken limbs off park trees damaged in the storm. RECREATION: Fall programming is in its final stages of planning. Fall is an exciting time because of so many special holidays and activities. Everyone seems eager to get the brochure and sign up for activities. Many groups have requested park facilities for meetings, the calendar of users is being prepared. We are sorry to announce that our beloved Pre-School instructor Rene Rach is leaving for a full time position offering benefits. She has been with our program for many years. She is loved by many children throughout the community. Her services have been greatly appreciated. We will really miss her. So, we are looking for a new preschool instructor to take her place. CABLE TV: The Cable TV Committee met last Wednesday and discussed September programming, including candidates forums . Election coverage was also planned. As always, ideas for programs exceed time for production. We are awaiting the purchase of more decks to allow more playback capabilities. Money is granted from the Lion's Club. FORESTRY: Congratulations to the City of Mounds View and thanks to Forester Wriskey for being one of eleven cities of Minnesota that were awarded the DNR Award for Oak Wilt Control. Our award was a Red Oak tree, which will be planted at City Hall, amongst the grove of Oak Trees. The award commends efforts such as use of the vibratory plow which cuts the roots that infect other trees with Oak Wilt. The program was quite inspirational with speakers including Senator Wellstone and Congressman Luther,who both supported programs for such tree disease efforts. Mary FINANCE • Work continues on the 1997 budget and Long Term Financial Plan. Cathy&myself met with Ramsey County to discuss the methods used in calculating Tax Increment payments; we are in the process of preparing/updating TIF projections for future planning. • Utility bills went out last week which has resulted in a lot of calls this week. Dorothy is on vacation this week so Kitty is handling most of the calls. • On Wednesday, I was at a meeting discussing performance reporting. In 1997 the State reduce our HACA(Homestead credit)by approximately $12,700 and established a Local Performance Aide which should be approximately the same amount as the reduction. During 1997 and 1998, cities that development a method for collecting and reporting performance will the Local Performance Aide. Over the next year, we will need to evaluate this requirement,the services we provide, etc. and determine whether the benefits derived from collecting and reporting this information exceeds the associated cost. Bruce PUBLIC WORKS ► A water leak was discovered in the entrance of McDonalds. Staff called in an emergency locate and is enlisting the help of New Brighton and their drill truck. Staff is NOT repairing the leak,the owners of the restaurant are having a contractor fix it. ► The slurry sealing is complete! Struck& Irwin did a great job, with only one 1/2 day the sealing was delayed because of rain. We had telephone calls from residents, expressing their views and opinions ► Bill Hanggi is back from his two week vacation. Larry is also back from a weeks' of vacation. ► The Sewer Department assisted the City of Blaine, with the cleaning of a sewer main. Don Beckman, Utility Foremen, called and gave Wally and Larry nothing but compliments. "They really know how to operate that machine. Everything went so smooth." Don also remarked at how clean and well maintained our equipment and vehicles are every time he sees them. Don went to his Director of Public Works and told him maybe they should take a lesson from the City of Mounds View! ► Tracy has been working with Cathy Rocklitz, Kennedy and Gravens, regarding the relocations on Old Highway 8. Tracy POLICE • The Chief, Investigators, and COPS Officer met with Edgewood School Administrators to plan for the upcoming school year. Police\School policies were discussed. They were also advised that DARE would not be in their school this year. • A COPS meeting was held this Wednesday. Updates on current projects and Fall projects were discussed. • The annual Viking Football Card Program started this week and will continue for 13 weeks. • Our new Officer, Steven Menard, will start work on Monday. • We have had two (middle of the night)burglaries this week. Both occurred in the Greenfield Park area. Suspect(s) cut screen on a door or a window, enter the house, and steal a purse. Suspects are believed to be three teenage boys. • Dave Brick is on vacation this week. Tim COMMUNITY DEVELOPMENT • Replacement Housing Program: We will be closing on our first house(8265 Spring Lake Road)for the Housing Replacement program on Monday, August 26. Cathy Rocklitz,paralegal from Kennedy& Graven, will be present to assist us. The environmental survey was returned indicating a presence of asbestos in the bathroom; however, not enough to warrant special removal. We hope to find a contractor for demolition within a couple of weeks and begin construction before winter. • Registration of Multi-Family Units: For 1996, we have changed our multi-family registration process. We are asking that all units pass inspection, fees are paid and registration information is submitted prior to licensing the property. Owners will not be sent a Certificate of Registration until all three items have been fulfilled. The inspections are almost completed and Barb is busy sending notices to pay fees and registration information. • 35W Corridor: Pam Sheldon attended a meeting of the 35W Corridor Coalition, where the cities participating discussed submitting a grant application to the Metropolitan Council under the Livable Communities Demonstration Account. The major issues which would be addressed would include Employment and Economic Development, Housing Opportunities and Issues, Transportation, and Information Systems. Each city was assigned a section of the grant to write. We have prepared a draft of the housing section. The next meeting will be on August 26, 1996. • Code Enforcement (in the interim): While we are short-staffed, Jennifer Bergman, our housing inspector,will be helping with code enforcement calls. • Recruitment for Planning Associate: Advertisements have been placed in the newspaper for the Planning Associate position, and the recruitment period will end on August 30. Pamela UouciS �Q LIONS CLUB July 25,1996 Chuck Whiting, City Administrator City of Mounds View 2401 Hwy # 10 Mounds View, Mn. 55112 Dear Chuck: The Mounds View Lions want to take this opportunity to thank.. the city, especially the Park & Recreation Department for thier cooperation at the 96 Festivalin the Park.The operatiionrof our food booth was made mush easier due to the Park & Rear. availability of coolers and equipment from the Bel Rae. The feedback we have received on the Festival,the city and Festival Committee should be complimented on a jab well, done. It certainly brought all ages in the community together.The comments as people passed: through Our booth were very positive. The Liens just want to commend the City Park & Ree. for a job well done, Sincerely, '620- '.7\ r--75' fi' Pre. 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