Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packets - 1996/05/13
r ICOlc CITY OF MOUNDS VIEW CITY COUNCIL MAY 13, 1996 7:00 P.M. AGENDA 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 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: a. April 22, 1996 Regular Council Meeting COUNCIL ACTION: A T D 1110 Comments: I AGENDA • PAGE TWO MAY 13, 1996 • 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: Parks and Recreation Commission Minutes - February 22, 1996 COUNCIL ACTION: A T D Comments: Cable Committee Minutes - April 11, 1996 COUNCIL ACTION: A T D Comments: Economic Development Commission Minutes - March 28, 1996 • COUNCIL ACTION: A T D Comments: 7. SPECIAL ORDER OF BUSINESS: Proclamation Declaring the week of May 19th through the 25th as National Public Works Week, Staff Report No. 96-1704C 8. CONSENT AGENDA A. Set Public Hearing for 7:05 p.m., Tuesday, May 28, 1996, to Consider Ordinance No. 581 An Ordinance Amending Title 1100, Section 1114.04 Entitled, "Motor Vehicle Sales", Staff Report No. 96-1705C B. Authorize Preparation of Financial Statements for the "Comprehensive Annual Financial Report" by the City's Auditors at a Cost not to Exceed $2000.00 Over Present Audit Contract, Staff Report No. 96-1706C C. Award Bid for Playground Equipment to Replace Old Equipment at • Random Park, Staff Report No. 96-1707C AGENDA PAGE TWO MAY 13, 1996 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: • Parks and Recreation Commission Minutes - February 22, 1996 COUNCIL ACTION: A T D Comments: Cable Committee Minutes - April 11, 1.996 COUNCIL ACTION: A T D Comments: Economic Development Commission Minutes - March 28, 1996 COUNCIL ACTION: A T D Comments: 7. SPECIAL ORDER OF BUSINESS: Proclamation Declaring the week of May 19th through the 25th as National Public Works Week, Staff Report No. 96-1704C 8. CONSENT AGENDA A. Set Public Hearing for 7:05 p.m., Tuesday, May 28, 1996, to Consider Ordinance No. 581 An Ordinance Amending Title 1100, Section 1114.04 Entitled, "Motor Vehicle Sales", Staff Report No. 96-1705C B. Authorize Preparation of Financial Statements for the "Comprehensive Annual Financial Report" by the City's Auditors at a Cost not to Exceed $2000.00 Over Present Audit Contract, Staff Report No. 96-1706C C. Award Bid for Playground Equipment to Replace Old Equipment at Random Park, Staff Report No. 96-1707C • AGENDA PAGE THREE • MAY 13, 1996 D. Approve Engineering Study for Pump, Motor and Starter Replacement and Electrical Upgrade at the Booster Station Funded by a Transfer of $3,500 from the Water Contingency Account (700-4123-910) to the Professional Services Account (700-4123-303), Staff Report No. 96- 1708C E. Set Public Hearing for Tuesday, May 28, 1996 at 7:10 p.m., to Consider Ordinance No. 582 Amending the Mounds View Municipal Code Section 502.04, Subdivision 2(c) Entitled, "Intoxicating Liquor, Eligibility" F. Adopt Resolution No. 4950 Approving Just and Correct Claims Against City Funds • • G. Licenses for Approval Restaurant - Expires 6/30/96 Hardee's (change of ownership) - New HVAC - Expires 6/30/96 Coronado Enterprises - Renewal Dave's Refrigeration - New Gilbert Mechanical - New Martens/Sammon Heating & Air Conditioning - New Siding - Expires 6/30/96 Tom Gnan Siding Company - New General (Commercial) - Expires 6/30/96 Metro Building Systems - New Sewer/Water - Expires 6/30/96 Gene's Water & Sewer - Renewal Schulties Plumbing - New • COUNCIL ACTION: A T D Comments: AGENDA PAGE FOUR • MAY 13, 1996 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: There were no public hearings set for this meeting. 11. COUNCIL BUSINESS: • A. Consideration of Resolution No. 4952, Resolution Regarding a Variance Request for Tom Manke and Leon Theis, Owners of Mounds View Fina, 2280 West County Road 1, Planning Case No. 438-96, Staff Report No. 96-1709C (Staff Presenter: Joyce Pruitt, Acting Community Development • Director) COUNCIL ACTION: A T D Comments: B. Consideration of Adoption of Ordinance No. 574, An Ordinance Regulating Adult Establishments, Premises Conducive to High Risk Sexual Conduct, Adding Chapters 512 and 608 and Amending Chapters 1113 and 1116 of the Mounds View Municipal Code, Staff Report No. 96- 1710C (Staff Presenter: Joyce Pruitt, Acting Community Development Director) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard COUNCIL ACTION: A T D • Comments: AGENDA PAGE FOUR MAY 13, 1996 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: There were no public hearings set for this meeting. 11. COUNCIL BUSINESS: A. Consideration of Resolution No. 4952, Resolution Regarding a Variance Request for Tom Manke and Leon Theis, Owners of Mounds View Fina, 2280 West County Road I, Planning Case No. 438-96, Staff Report No: 96-1709C (Staff Presenter. Joyce Pruitt, Acting Community Development - Director) COUNCIL ACTION: A T D Comments: B. Consideration of Adoption of Ordinance No. 574, An Ordinance Regulating Adult Establishments, Premises Conducive to High Risk Sexual Conduct, Adding Chapters 512 and 608 and Amending Chapters 1113 and 1116 of the Mounds View Municipal Code, Staff Report No. 96- 1710C (Staff Presenter: Joyce Pruitt, Acting Community Development Director) ROLL .CALL VOTE: • Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard COUNCIL ACTION: A T D Comments: ' AGENDA PAGE FIVE Aik MAY 13, 1996 C. Update on 8265 Spring Lake Road, Staff Report No. 96-1711 C (Staff Presenter: Joyce Pruitt, Acting Community Development Director) COUNCIL ACTION: A T D Comments: D. Consideration of Resolution No. 4943 Adopting the 1997 Budget Calendar and Long Term Financial Plan, Staff Report No. 96-1712C (Staff Presenter: Mary Tatarek, Interim Finance Coordinator) COUNCIL ACTION: A T D Comments: • E. Consideration of Resolution .No. 4945 Establishing A Petty Cash Fund at the Municipal Golf Course, Staff Report No. 96-1713C (Mary Tatarek, Interim Finance Coordinator) COUNCIL ACTION: A T D Comments: F. Consideration of Approval of Contract with American Portable Telecom (APT) to Install Communication Antennas on the City Water Tower, Staff Report No. 96-1714C (Michael Ulrich, Director of Public Works) COUNCIL ACTION: A T D Comments: • AGENDA . - PAGE SIX MAY 13, 1996 • G. Consideration of Adoption of Ordinance No. 580 Amending the Municipal Code of Mounds View By Amending Chapter 306.05 Entitled, "Vacations and Holidays" As Amended, Staff Report No. 96-1715C (Chuck Whiting, Clerk-Administrator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard . COUNCIL ACTION: A T D Comments: H. Consideration of Adoption of Ordinance No. 576 Amending the Municipal Code of Mounds View By Amending Chapters 906.13 Entitled, "Water Rates and Billing Regulations", Staff Report No. 96-1716C (Mary Tatarek, Interim Finance Coordinator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard COUNCIL ACTION: A T D Comments: AGENDA PAGE SIX MAY 13, 1996 G. Consideration of Adoption of Ordinance No. 580 Amending the Municipal Code of Mounds View By Amending Chapter 306.05 Entitled, "Vacations and Holidays" As Amended, Staff Report No. 96-1715C (Chuck Whiting, Clerk-Administrator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard . COUNCIL ACTION: A T D • Comments: H. Consideration of Adoption of Ordinance No. 576 Amending the Municipal Code of Mounds View By Amending Chapters 906.13 Entitled, "Water. Rates and Billing Regulations", Staff Report No. 96-1716C (Mary Tatarek, Interim Finance Coordinator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard COUNCIL ACTION: A T D Comments: AGENDA PAGE SEVEN • MAY 13, 1996 I. Consideration of Adoption of Ordinance No. 577 Amending the Municipal Code of Mounds View By Amending Chapter 907.14 Entitled, "Sewer Use Rates and Billing", Staff Report No. 96-1717C (Mary Tatarek, Interim Finance Coordinator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard COUNCIL ACTION: A T D Comments: i • J. Consideration of Adoption of Ordinance No. 578 Setting Water Rates and Surcharges Effective April 1, 1996 Staff Report No. 96-1718C (Mary Tatarek, Interim Finance Coordinator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard COUNCIL ACTION: A T D • Comments: • AGENDA PAGE EIGHT • MAY 13, 1996 K. Consideration of Adoption of Ordinance No. 579 Setting Sewer Rates Effective, April 1, 1996, Staff Report No. 96-1719C (Mary Tatarek, Interim Finance Coordinator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard • COUNCIL ACTION: A T D Comments: • L. Consideration of Resolution No. 4951 Supporting Cooperative Participation in the North Metro 35W Corridor Coalition, Staff Report No. 96-1719C, (Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A T D Comments: M. Consideration of Introduction of Ordinance No. 582 Amending the Mounds View Municipal Code Section 502.04, Subdivision 2(c) Entitled, "Intoxicating Liquor, Eligibility", Staff Report No. 96-1720C Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A T D Comments: AGENDA PAGE EIGHT MAY 13, 1996 K. Consideration of Adoption of Ordinance No. 579 Setting Sewer Rates Effective, April 1, 1996, Staff Report No. 96-1719C (Mary Tatarek, Interim Finance Coordinator) ROLL CALL VOTE: Mayor Linke Councilmember Trude Councilmember Hankner Councilmember Quick Councilmember Blanchard • COUNCIL ACTION: A T Comments: L. Consideration of Resolution No. 4951 Supporting Cooperative Participation in the North Metro 35W Corridor Coalition, Staff Report No. 96-1719C, (Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A T D Comments: M. Consideration of Introduction of Ordinance No. 582 Amending the Mounds View Municipal Code Section 502.04, Subdivision 2(c) Entitled, "Intoxicating Liquor, Eligibility", Staff Report No. 96-1720C Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A T D Comments: AGENDA PAGE NINE • MAY 13, 1996 12. REPORTS: 1. Report of Councilmembers: Quick: Blanchard: Hankner: Trude: 2. Report of Mayor Linke: 3. Report of Administrator: • 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL MEETING: TUESDAY, MAY 28, 1996 NEXT COUNCIL WORK SESSION: JUNE 3, 1996 13. ADJOURNMENT: I MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY REQUEST FOR EDA CONSIDERATION STAFF REPORT EDA MEETING DATE May 13, 1996 EDA Action: ❑ Special On HAND DELIVERED - MONDAY 5/ 13/96 on: ❑ Public Hea iber: ❑ Consent As.....,.. ite: ❑ EDA Business REQUEST ADDITION TO AGENDA Item Description: Conciripratinn of cnntinning the npPratinnc of the Bel-Rae Ballroom through July Executive Director's Review/Recommendation: - No comments to supplement this report - Comments attached Explanation/Summary (attach supplement sheets as necessary) SUMMARY: • The EDA will obtain ownership of the Bel-Rae Ballroom facility on July 1, 1996 according to the purchase. agreement that was signed by EDA representatives and Tony and Dolores Jambor on Wednesday May 8, 1996. Tony has brought an item to my attention that needs immediate-consideratiorr•from-the EDA-this week.�=He------_--• - advertises in the Music 8t Dance News, which is the Minnesota Ballroom Operators Association Newsletter. The issues come out in two month periods of which the next issue covers June and,July and the deadline for advertising is this week. Tony will be advertising events scheduled for June and would be willing to arrange a simple schedule for July if the EDA desires to hold events to help cover utilities while planning is being done. There are weekly events, such as the Seniors Singles dance on Thursday evening that would be an easy revenue source for the EDA. In addition, he can schedule "Gentleman Jim"a county DJ for Friday nights which draws a good crowd and would help cover utilities. Tony said that he and the staff are willing to stay on as long as the City needs them for these events. We can have Bob Long draw up an agreement for a period of time between the EDA and Mr. Jambor for running the operation. Two Questions: Does the EDA want to continue to have regular events at the Bel-Rae, at least through July, until agreements and plans can be put together for a community center/sports facility? If yes, then Tony can include a schedule for July in the next issue of Music a Dance News and staff can bring back more detail on arrangements with Tony and his staff at the June work session. • If yes, the EDA would need to get a beer, wine and set up license beginning July 1, 1996. Our insurance premium would increase by $241 per month. Public hearings for liquor licenses will be set at the May 28th meeting. ba''Y`-e41-- thy Benn t,'Economic Development Coordinator\ EDA Executive Director RECOMMENDATION: 111) Staff recommends that the EDA make a motion to continue operations of the Bel-Rae Ballroom through July and direct staff to bring back a proposal for EDA consideration regarding costs\revenue for July events and beyond. 1110 MOUNDS VIEW PARKS AND RECREATION COMMISSION STATE OF MINNESOTA RAMSEY COUNTY MINUTES Thursday, February 22, 1996 6:30 p.m. Conference Room C CALL TO ORDER: Chairperson Burmeister called the meeting to order at 6:31 p.m. ROLL CALL: Members present included Chair Burmeister, Commissioners Stevenson, Silvis, Starr , Dentz and Long. Councilmember Trude and Director Saarion were present. Visitors included Commission Candidate Sherry Gunn. APPROVAL do OF MINUTES: Commissioner Silvis made a motion seconded by Commissioner Stevenson to approve the minutes. Minutes were approved unanimously. LTR REVIEW WOODCREST PARK: Director Saarion requested the Commission to review the letter which will be sent to neighbors of Woodcrest Park, requesting their input regarding the future improvements to Woodcrest Park. Commissioners approved the letter and Chairperson Burmeister signed the original. Motion was made by Commissioner Silvis to send the letter, seconded by Commissioner Dentz. Motion passed unanimously. ARDAN PARK UPDATE: Director Saarion informed the Commission that Zack Hanson had reported that the Ramsey County Commission on Health and Waste and had reviewedthe compost site improvement plan and the next step was to present the plan to the Ramsey County Commissioners for final approval. He thought that the plan would be well received. The only change has been the elimination of the lighting. BRIDGE UPDATE: Councilmember Trude reported that the Citizen Task Force had met and 410 had discussed several considerations regarding foot and bike traffic patterns and destinations of bridge users. The discussion resulted in a site location and design pattern that would provide access to many different • directions and destinations. BRW will go to the drawing board and design a pedestrian bridge concept with these ideas in mind. The next meeting will be called to review the concept plans once these designs have been completed. In the meantime, staff will be discussing easement options with the Library, Wildwood Manor and Pastor Enterprises. Easements will be necessary for the design plan chosen by the group. BEL RAE SALE: Councilmember Trude also informed the Commission of the progress into the proposal for the Bel Rae to be purchase and used as a Community Center. Councilmember Trude informed the Commission that the Council requested a feasibility study, appraisal, inspection of the building and building repair needs assessment, environmental inspectionievaluation and investigation into potential partners. ICE ARENA: . Director Saarion informed the Commission that there has not been any further information regarding the Ice Arena proposal. It is expected that City Administrators will meet along with Hockey Association representatives to discuss the partnership. OLD HWY 8 MEETING: The Commission joined the Public Information Meeting held by Ramsey County regarding plans for Old Highway 8 reconstruction. Several options were presented for the road, including an off-street trailway. The Commission discussed their preference which was the 2 lane with passing lanes and off-street path realizing that the house would need to be moved. Motion was made by Silvis and seconded by Dentz. Motion passed unanimously. ADJOURNMENT: Motion was made by Commissioner Silvis and seconded by Commissioner Long. Motion passed unanimously. • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA MINUTES OF THE PROCEEDINGS OF THE MOUNDS VIEW CABLE COMMITTEE • Thursday, April 11, 1996 8:00 a.m. Mounds View City Hall CALL TO ORDER The meeting was called to order at 8:08 a.m. by Chairperson Jerry Skelly, Sr. ATTENDANCE Committee members present were Don Hodges, Barbara Haake, Jerry Skelly, Sr., Dale Irving, Sue Henry, Mary Saarion. City Administrator/Clerk Chuck Whiting was also in attendance. APPROVAL OF AGENDA A motion was made by Committee member Haake, • seconded by Committee member Hodges to approve the agenda as presented. Passed unanimously. APPROVAL OF MINUTES A motion was made by Committee member Hodges, seconded by Committee member and Producer Henry, to approve the March 14, 1996 minutes of the Cable Committee as presented. Passed unanimously. INTRODUCTION OF CHUCK The Committee members met Chuck Whiting and WHITING, CITY ADMINISTRATOR discussed with him the role of the Cable Committee at the City. REPORT FROM SUE HENRY Producer Henry offered a few words of advice to the Committee as she leaves the_City to accept a full-time position with the City of St. Cloud. Producer Henry mentioned the following: look at cable casting the Planning Commission meetings; get a set or backdrop painted for View from the Mound/Conversation with the Mayor; keep Conversation with the Mayor at 15 minutes or so; and Conversation is a good PR tool for the City and should be utilized accordingly. 111 Producer Henry also mentioned the City has a five minute recycling video recently produced by Hennepin County that has not yet been aired. Mounds View Cable Committee • April 11, 1996 Minutes Page two REPORT FROM SUE HENRY Chairperson Skelly will be representing the City at a CTV telecommunication needs assessment workshop in mid-April. Producer Henry reported that Jerry Skelly, Jr. will be editing the DARE video together. The footage was shot the first week of April. Committee member Saarion will fully advertise for the Cable Producer/Technician position to get new applications coming in. PROGRAM PLANNING FOR Discussion took place about the upcoming View VIEW FROM THE MOUND from the Mound. The following topics were decided upon for the May production: interview with Chuck Whiting, tree trimming/pruning with City Forester Rick Wriskey, and Tip of the Month with a golf pro at the Bridges Golf Course. The production will all be done on-location. Production is tentatively set for ill. Friday, May 3 in the morning. Dale Irving will be doing the production in the interim until a new Producer is in place. REPORT ON NEW PROGRAMS Chairperson Skelly said he has received some environmental videos produced to show where lottery money is being spent. The tapes will be good to air on the Channel. They will be put on hold for the time being. Producer Henry reported "The Only Game in Town" video produced by Channel 8 (Duluth) has arrived. The video will be used in coordination with an interview with Mounds View resident Gil Groberg. The baseball piece will contain these two parts. Chairperson Skelly reported that he hopes to get Groberg in an upcoming Saints game.The barbershop video is in the Producer's office and will be put on hold until a new Producer is in place. CTV - PRODUCTION CLASSES Committee members Hodges, Haake. Skelly, and Meyer have one more production class left. The class has reportedly been very interesting. The Committee members hope to be able to aid the Producer more with their new skills. • Mounds View Cable Committee April 11, 1996 Minutes Page three CTV REPORT Committee member Irving mentioned there is a Volunteer Recognition Banquet coming up on Tuesday,April 16. UPCOMING MEETINGS The next meeting will be Wednesday, May 8 at 8:00 a.m. The quarterly evening meeting will be held Thursday, June 13 at 6:30 p.m. ADJOURNMENT A motion was made by Chairperson Skelly, seconded by Producer Henry, to adjourn the meeting at 9:45 a.m. Passed unanimously. Respectfully submitted, Sue Henry, Cable Producer/Technician Mounds View Parks, Recreation,and.Forestry.Dept.. . _ • Minutes of the Economic Development Commission City of Mounds View 10 Ramsey County, Minnesota Regular Meeting March 28, 1996 s l fj City of Mounds View, Council Chambers 2401 Highway 10, Mounds View, MN 55112hi , ;� ` 1. Call to Order: The meeting was called to order at 6:04 p.m. by Chairperson, Dan Nelson. 2. Roll Call: Members present were as follows: Cindy Carlson, Rosemary Goff, Dan Nelson, Brian Sjoberg, Ron Schmidt, Bev Terhark and Delane Welsch. In addition, Economic Development Coordinator Cathy Bennett and EDA Alternate Liaison Gary Quick were present: EDA Liaison Sue Hankner was absent. 3. Approval Of Minutes: Motion/Second: Carlson/Goff moved approval of Minutes of February 28, 1996 Meeting. 4110 Motion Carried 7 ayes 0 nays 4. Special Business Presentation Regarding Metro Transportation System: Mr. Randy Rosvold, Senior Transportation Planner with the Metropolitan Council, gave an overview of the Metro Transportation System and the specific services for the City of Mounds View. Mr. Rosvold noted that there are five regular routes in the City. He presented members of the EDC with an overview of the regular routes in Mounds View, the volume of passengers, the daily operating expenses for this service and the subsidy that is provided by each passenger for the service. Mr. Rosvold also discusses the special services such as Paratransit Service for the disabled and senior population called Metro Mobility and the Rideshare service. In addition, a list of the Sources of Funding for all of these services was given. Mr. Rosvold also gave an overview of the process for changing routes within the metro area. The possibility of relocating a park and ride location was discussed to bring more of the route onto Highway 10. Members of the EDC suggested staff discuss this possibility with the owners of Moundsview Square to see if they would like to have a park and ride located on their property. 5. A. Discuss Development Opportunities for 2625 Highway 10 Coordinator Bennett explained that she met with Mr. Rick Kuehlwein who is • interested in building a volleyball complex in Mounds View. The development was 1 originally discussed for 2625 Highway 10 of which the City currently owns. Commissioner Carlson gave a brief history of how the project was brought to the City through discussion with a bank client who is also a developer. Mr. Kuehlwein gave an overview of his proposal which includes constructing a facility to house four volleyball • courts with additional space for banquets, weights rooms, locker rooms, daycare facilities, dance studio, sports medicine doctor offices, etc. Mr. Kuehlwein is a consultant for the Minnesota Sports Federation and has been a volleyball coach and scout for many years. He has done extensive research on the market and believes a facility of this kind is very needed in the North Metro. In addition, Mr. Kuehlwein discussed the possibility of entering into a joint venture with the City for the redevelopment of the Bel-Rae Ballroom site for this facility plus space for City Community Center activities. There was much discussion regarding the possible size and financing options for such a venture and the use of tax increment financing for this project was discussed. Motion/Second: Nelson/Carlson moved to pursue the Bel-Rae site for the volleyball complex in partnership with the City of Mounds View's Economic Development Authority and Mr. Kuehlwein's group V.B. Diggs. Motion Carried 7 ayes 0 nays B. Consideration of Removing Tax Increment Policies for new/expanded development in Mounds View from the table of February 22, 1996 • It was decided to defer this item to the next agenda in April. No Action. C. Consideration of Tax Increment Policies for new/expanded 41) development in Mounds View No Action. Move to April agenda. Reports From Chair, Commissioners and Staff: There were no reports 7. Adjournment There being no further business before the Commission, this meeting of the Economic Development Commission adjourned at 8:00 p.m. Respectfully Submitted, i L Economic Development Coordinator S 2 ©y Or REQUEST FOR COUNCIL CONSIDERATION Agenda Section 7 STAFF REPORT0 Report Number: 96-1704C (a lJnS Report Date: 5/7/96 CITY COUNCIL MEETING DATE N May 13. 1996 Special Order of Bus. .es ConsentAfrAgenda t•Parra s" Public Hearings Council Business Item Description: PUBLIC WORKS WEEK MAY 19-25, 1996 Administrator's Review/Recommendation: -No Comments to supplement this report f' -Comments attached. X Explanation/Summary(attach supplement sheets as necessary) Summary: In 1960, President John F. Kennedy proclaimed National Public Works Week as an annual reminder of the many ways public works contributes to our quality of life. For many years, public works professional across North America have applauded and shared the accomplishments of those in their profession. During this week-long celebration, professionals take part in events and activities that increase public awareness of and appreciation for the public works profession. 0 1 May 23, the Public Works Department will have an open house from 12:00pm(noon) until 8:00pm. The blic is invited to tour our facility. Refreshments will be served. dd:),.. .,4.." Michael Ulrich, Director of Public Works RECOMMENDATION: Attached is a Proclamation declaring May 19-25, 1996 as National Public Works Week. THE CITY OF MOUNDS VIEW OFFICE OF THE MAYOR PROCLAMATION WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of public works officials; and _ . •WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, Jerry Linke, Mayor of the City of Mounds View, do hereby proclaim the week of May 19 through May 25, 1996, as "NATIONAL PUBLIC WORKS WEEK" in the City of Mounds View, and I call upon all citizens and civic organizations to take this opportunity to acquaint themselves with the operations of our Public Works Department and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and the Seal of the City of Mounds View this 13th day of May, 1996 1111 MAYOR • WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 8.A. 4STAFF REPORT Report Number: 96-17050 ��1( l�j)��; Report Date: 5/8/96 14; CITY COUNCIL MEETING DATE = °•„ FM May 13, 1996 Special Order of Bus. .,P'ej=`Parrnels X Consent Agenda Public Hearings Council Business Item Description: Set Public Hearing for Tuesday, May 28, 1996 at 7:05 p.m. for Consideration of Ordinance No. 581, an Ordinance Relating to Motor Vehicle Sales and Amending Title 1100, Section 1114.04 of the Mounds View Zoning Code. Administrator's Review/Recommendation: -No Comments to supplement this report e- -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: On January 08, 1996, Ordinance No. 570 Regulating New and Used Automobile Dealerships was approved by the City Council. When this Ordinance was adopted, the language allowing motor vehicle and recreation equipment sales and garages accessory thereto was not removed from the B-3 permitted uses section of the Zoning Code. In addition, the language used for Ordinance No. 570 was not consistent with the rest of the Zoning Code. For example, "New and Used Automobile Dealerships" is not consistent with the definition section of the Illoning code, whereas "motor vehicles and recreation equipment sales and garages accessory thereto"is. Thus, this amendment involves two administrative changes. One change is to adhere to the original intent of Ordinance No. 570, for vehicle sales to be allowed as a conditional use in an R-3 zoning district. Thus, the language from the permitted uses section of the code will be extracted. • The second change is to remove the language"New and Used Automobile Sales" and use"motor vehicle and recreation equipment sales and garages accessory thereto," which is consistent with the definition section of the municipal code. The Planning Commission reviewed this ordinance amendment on May 01, 1996, and recommended approval in Resolution No. 447-96. Resolution No. 447-96 and Ordinance No. 581 will be included in the April 29, 1996 City Council packet for your review and consideration. If you have any questions, please do not hesitate to contact me. _; - e . -' Joyce Prui Acti 'g Community Devel4ment Director OPECOMMENDATION: •Set a Public Hearing for Tuesday, May 28, 1996 at 7:05 p.m. for Consideration of Ordinance No. 581, An Ordinance Relating to Motor Vehicle Sales and Amending Title 1100, Section 1114.04 of the Mounds View Zoning Code. CM OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section a B_ STAFF REPORT Report Number: 46-1 7 f h c OUNDS QnS'' Report Date: 5/8/96 410 -.‘z CITY COUNCIL MEETING DATE 01111,, May 13, 1996 Special Order of Bus. i, Consent Agenda $ n'Partne0heS .� Public Hearings Council Business Item Description: Consideration of staff request to have auditors prepare the financial statements contained in the"Comprehensive Annual Financial Report" for the year ended December 31, 1995 Administrator's Review/Recommendation: -No Comments to supplement this report kt1 -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The auditors have once again offered to prepare the financial statements needed for the annual financial report. Staff has often chosen to have the Finance Director and City Accountant participate in the preparation of the financial statements because it offered a good learning tool for better understanding of the financial statements. This year staff does not have the personnel to complete the work on a timely schedule. The auditors believe they can prepare all financial statements and stay within the quoted audit costs. If any unforeseen complications should arise the auditors have guaranteed a cap of an additional $2,000.00. 0 _ -- -2:,-,-,,i_. . Mary E. T arek, Interim Finance Coordinator RECOMMENDATION: Staff believes this offer should be accepted. r ©oF Agenda Section: 8 c REQUEST FOR COUNCIL CONSIDERATION Report Number: 96-1 707C 1110906 Report Date: 5-09-96 ,. ,STAFF REPORT Council Action: 41N ❑ Special Order of Business ^68'''"•Partncts".° CITY COUNCIL MEETING DATE MAY 13, 1996 ❑ Public Hearings mg Consent Agenda 0 Council Business Item Description: Award Bid for Playground Equipment to Replace Old Equipment at Random Park Administrator's Review/Recommendation: - No comments to supplement this report V) - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; • Proposals were requested for playground equipment to replace the old equipment located at Random Park. Four proposals were received including proposals from Miracle Recreation of Minnesota, Inc.; St. Croix Recreation Company Inc.; Flanagan Sales, Inc.; and Minnesota Wisconsin Playground, Inc. All four proposals were reviewed by the Parks and Recreation Commissioners at the April 25, 1996 meeting. A unanimous recommendation was made by the Parks and Recreation Commissioners for the Gametime play equipment sold by Minnesota Wisconsin Playground, Inc. It is with this recommendation that staff requests 411 City Council's award for Gametime Playground equipment sold by Minnesota Wisconsin Playground, Inc. A computerized drawing of the playground equipment and proposal is attached. The larger layout is displayed in the City Council Chambers. i Mary Saariczn, Dir ctor of Parks, Recreation and Forestry 1/ III RECOMMENDATION; Award bid to Minnesota Wisconsin Playground, Inc. for new playground equipment at Random Park at the cost of$20,000 to be funded with budgeted monies in the Parks Improvement Fund (100-4362-705-000) 'Minnesota Wisconsin Playground, Inc. April 18, 1996 Mary Saarion,Director Mounds View Parks &Recreation 2401 Highway 10 Mounds View,MN. 55112-1499 i-GameTtne Custom PrimeTime Playstructure(5-12 years old) 1-GameTime Custom Tottime Playstructure(2-5 years old) 1-Heavy Duty 2 Leg Galvanized Swing w/2 Enclosed Tot Seats &2 Superseats kPu91.1i Two Seat Dinosaur 2-Backhoe Digggers Total S20,000.00 Includes: Factory Drilled Holes w/Inserts-Maintenance is greatly reduced-80% less hardware!._ - Installation will take 1/2 the time!1 '" Choice of 21 Standard Colors Choice of 13 RotoMolded Colors Signed: Accepted: Note: Prices DO NOT include installation, edging, resilient surface, site prep. or site restoration, unless otherwise noted. *The prices above are good through May 15, 1996. *Equipment will take 4-6 weeks to manufacture. *Net 30 days. P.O. Box 27328 • Golden Valley, MN. 55427 THIS IS IT . . . . FOR THE WEEK OF MAY 20 - 24, 1996 ADMINISTRATION • Things continue to be a little hectic as I get my feet on the ground. During the past two weeks the Bel Rae of course has taken some time. It appears likely now that we will be ready to present a tentative format for development consideration of the facility at the June 3 work session. Cathy and I have been and will be meeting with Bob Thistle, Jim O'Meara and the architect to firm up a proforma and drawings for the June 3 meeting. Needless to say this is all draft at this point,but it will provide some structure within which decisions can be made. • In other business, we are getting proficient at reviewing position applications. Both director positions are narrowed down for interviews during the next couple of weeks. We are putting together interview teams and I hope to get the candidates in for a few minutes to meet their prospective co-workers. We also propose to hire Peter Toth to replace Sue Henry, and now we must begin the search to replace Audrey. I of course have not had much opportunity to work with Audrey, but I can tell she will be missed in City Hall. • We had our second meeting with LELS regarding the police contract. The meetings have been cordial and I expect the real dickering to begin at our next meeting. • I am also beginning to get involved in some regional groups and issues. The various north metro groups have had three different meetings I've attend the past two weeks covering transportation, business retention and tax increment financing. I am also now on an LMC TIF task force for next years' legislative session. • And finally, I am taking stock of a few co-workers' and mayoral golfing abilities. This of course will be important when money is on the line on the course. In a few more weeks I think I will have my assessment down and will report further. Chuck • I received a call from a resident who wanted to comment on the possible location of an Outback Steakhouse in the City. Her family was very excited as they had been to many Outback Steakhouses in the Midwest and the South. She said the food and ambiance was excellent and felt this would be a great addition to the City. • • I am forwarding information on the proposed hotel/conference center to a developer in Springfield. I received this contact at the Economic Development Conference I attended in Colorado. The developer has hotel/conference centers in 21 States including the Holiday Inn Madison West Atrium Hotel, Conference Center in Madison, Wisconsin. • We met with Paster Enterprises regarding the Bridge easement. They seem receptive to giving the City the easement in exchange for parking variance and sign variance in regards to the redevelopment of the Bridgeman's site. They will be submitting a proposal to the City so we can begin to draft an easement agreement. • The Community Connection Committee met this week to discuss possible needs in a community facility at the Bel-Rae. They provided some very valuable information that we will summarize and take into consideration when developing the options for the site. We will be meeting with V.B. Digs on Tuesday to begin working out detail regarding financing for the site. We will be prepared to present draft options at the work session in June. • I have scheduled Herbst and Sons to demolish the Blue House. They are gathering permits and preparing the site and are scheduled to demolish the first part of June. I will make you aware of the exact date at the work session. Cathy One thing you can count on at the MCMA Conference is having excellent speakers. • Dr. James Bensen, President of Bemidji State University, spoke about changes taking place in the workplace (roles, productivity and expectations). • Lyle Sumek, President of Lyle Sumek&Associates, discussed tools for success when getting the community involved in governance. • Earl Hipp, Consultant in Human Resource Development, expressed the need for change in organizations. These conferences always energize. Students from Pinewood Elementary came to City Hall/Police/Public Works on Thursday for a tour. The definite highlight in City Hall was sitting in the Council's chairs (either that or using the fax machine). They were able to answer a lot of questions about City government, and it looks like most of them would like to be a Mayor or Councilmember in the future. Dawn • Saturday, May 18, 1996 Spring Clean Up Day was held at the Public Works Garage. Participation is this year's event went very well. Over 200 hundred cars rolled thru the Public Works Garage compared to less than 80 cars at the 1995 Fall Clean Up Day. The weather contributed significantly to the high participation rate (hard to imagine its was actually nice on a weekend). Actual tonnage amounts will be available within the next few weeks. • Staff has reviewed the Community Development and Finance Directors' applications. Approx. 25-30 applications were received for each position. There are several strong candidates for each position. Although It was a tough decision narrowing them down, seven candidates will be interviewed for the Community Development position and six candidates for the Finance position. Interview's are scheduled, Thursday,May 30 for the Community Development position and Wednesday, June 5 for the Finance Director. • As many of you may have heard, Audrey Almendinger has resigned with her effective date May 31, 1996. An advertisement for this position will be placed in Sunday, May 26, 1996 publication of the Star Tribune. A barbeque luncheon will be held, Wednesday, May 28 from 11:00-1:30 at City Hall park as a farewell reception to Audrey's years of service. Lynnette 1::" PARKS, RECREATION AND • National Youth Sports Coaches Training was held last Saturday and this Wednesday for volunteer youth coaches. Video tapes explaining the philosophy of youth sports, physical fitness and safety information is also part of the program. In addition, staff explains the rules and regulations for each youth league including procedures and instructional skills to review. The program is very comprehensive and informative. Staff begins the volunteer background check program this year- which is very time consuming and a lot of paperwork, but it does provide a means to screen adult volunteers to help ensure reputable leaders for youth of the community. • Margaret Burke is our student intern who began her internship with us this week. She is a graduating Senior who has only her internship to complete before receiving her Bachelor of Science degree in Parks and Recreation Administration from the University of LaCrosse. Margaret's internship will be completed the middle of August. • Mary attended a two day seminar"Understanding Employment Law". The sessions were very informative and covered issues including Discrimination Law in Employment, Record keeping/Posting, Policies and Handbooks, Wage and Hour Law,Laws Dealing with Recruiting and Selecting, Performance Appraisals, Termination, Employee's Privacy Rights, Drugs and Alcohol, and Sexual Harassment. Attorneys from the law firm Mackall, Crounse and Moore, specializing in employment law provided excellent information and case studies regarding the issues. • Staff interviewed 5 candidates for the position of Cable TV Technician/Producer. The panel of 5 interviewers selected a single candidate, Patrick Toth, who will be recommended for the position. • The storm occurring Saturday, May 19 resulted in washouts along Greenfield Park path and culvert. Steve and Jeff are repairing the washouts. Increased purchase of 5/8 minus is required to repair the washout damage. The culvert was plugged forcing water to wash out the banks of the stream. • Mary attended a School District wide meeting with all the athletic associations,parks and recreation departments staff and school district personnel. The needs of each user group was expressed along with their frustrations regarding the lack of athletic fields and gyms to fulfill their expanded schedules of games and practices and expanding enrollments. The school district expressed their hopes to prove their line of communication regarding the repair and improvement of athletic fields,pools and gyms so that users have a better idea what facilities can be used during a particular season. • The Parks and Recreation Commission meets Thursday evening. They will be walking Greenfield Park path before the meeting to observe the "grow-in" after last years interceptor was installed in the area. • This week the flowering trees are in full bloom in the parks. Be sure to take a walk in the parks and enjoy the fragrances and beauty of the trees and flowers. FINANCE • Dorothy said she sent out a"ton" of final bills. With the final bills and the first quarter bills off the new meter system came, many questions and adjustments. There were so many calls and complaints that Dorothy worked out a system to handle the situation. Audrey took a message with the pertinent information and Marge pulled any the paperwork. Dorothy reviewed all data and documented any corrections. Kitty and Dorothy would then call back the customer. Dorothy hopes to enter all the adjustments next week. • Kitty and her husband, Scott, have spent the past week working split shifts and being parent/nurse for their daughter, Bailey. Now that the chicken pox is over Kitty is back to her routine hours. Kitty is once again processing both accounts payable and the payroll in the same week. While she waits for the computer to process her various data entries, she assists Dorothy by calling customers on their billing complaints and questions. • Chuck and I met with our auditors last week. The transmittal letter for the Comprehensive Annual Report has been completed along with the final numbers. The auditors will be presenting their findings at the June work session. • Chuck Clysdale reported that the initial insurance premium cost appears to be lower this year then last,which is great news. He will meet with Chuck and myself next week with the final figures and plans to present the final insurance package to the Council at the June work session. PUBLIC WORKS ► Assessment cost letters were sent to those property owners on Pleasant View Drive where the 1994 reconstruction took place. ► Mike met with the Corp of Engineers on Tuesday, May 15 regarding the Midland Videen property. An update will be brought to the May 27th meeting. ► Potholes are being filled by the Streets Department. ► Sewer is televising and cleaning sewer. ► Letters were sent to those property owners that have not responded to the notices sent by WaterPro explaining that the PhoneRead/Radio Read installation needs to be rechecked on their property. ► Bill Hanson and Bill Hanggi attended an AWWA District meeting May 21. ► The entire crew is busy cleaning the shop, well houses,treatment plants and vehicles for the open house on Thursday, May 23. ► Bill Hanggi will be on vacation May 23-May 30. (Fishing in Canada) ► A new seasonal started; Jerad Bankston. Jerad will be working with the Water Department. Welcome! Tracy POLICE • Mike Kampa was married last Friday. He and his wife, Mary are honeymooning this week in Branston Mo. • The chief met with Ramsey Co. Officials regarding dispatching services. This service will cost the City an additional $3500 to $8500 next year. We currently pay approx. $52,000 a year. • The DARE Bike-a-Thon was a great success, it was held last Saturday. The Pinewood Dare Graduation is being held on Thursday night. • Over 100 Pinewood students will be touring City Hall and the Police Station on Thursday. • A department meeting was held last week. Topics included; scheduling, hoz mat, rules of conduct, and training. Also,the meeting gave Chuck a chance to met most of the guys. • Kathy Bednar conducted a pre-school bike rodeo at Abiding Church this week. • FRUSTRATION !!! Three Mounds View Juveniles stole a car from the City. They were capture in Florida after a high speed chase--the $40,000 car they took was heavily damaged. Florida will not charge them and Ramsey Co. won't extradite. This is the third stolen car for these three within a month. We charge them with crimes,put them in shelters and they just run away. COMMU( 1mNITY DEVELOPMENT • The remaining exterior Nuisance Code violations at the 8265 Spring Lake Park property have been remedied. An inspection on May 16, 1996 revealed the dog feces had been removed. An inspection on May 16, 1996 revealed the grass had been mowed, the brush accumulations removed, and the leaves in the grass had been removed. • Since November 1995, Staff has been trying to get the owner of 2091 Hillview to comply with the Building and Housing Code. After numerous inspections, Rick Jarson and Jennifer Bergman issued the owner two Administrative Offense's and a Court Citation. A court date was scheduled for April 8, 1996, at which time Staff was hoping that a judge could enforce compliance with the Mounds View Code. Unfortunately,the owner did not appear in court. Staff then sent him another letter stating that he would need to have all repairs completed within a week or the City would take legal action by seeking a court order to placard the building. • Legal Aid was called by the City to assist the tenants in an action suit against the owner of the building. The Legal Aid representative requested that staff meet her at the 2091 hillview property to discuss items needing repair. It is her intention to request a court order requesting that an administrator be appointed to manage and repair the building. This administrator would remain in control of the property until the court rules that the building is up to Code. • Mr. Manke, applicant for Mounds View Fina, has submitted a new site plan today for a proposed canopy atop the gas pump island at 2280 County Road I. The revised site plan shows a canopy size of 20' x 40'to encroach eight feet into the front yard setback. • As you may recall, the previous variance request, which was denied by the Planning Commission and City Council,proposed a 24' x 44' canopy atop a gas pump island to encroach twenty-four feet into the required thirty foot setback. The revised plan will not be within the required thirty foot setback off County Road I and is proposed to encroach eight feet into the required thirty foot setback off Adams Street. • A public hearing is scheduled for Wednesday, June 05, 1996 at the Planning Commission. This proposal will be brought to the June 03, 1996 City Council work session for review and discussion. To speed the process along,the variance request will be brought to the City Council work session in June for discussion prior to the Planning Commission taking action on the item at the June 05, 1996 regular Planning Commission meeting. Joyce 97.6aektiegai YHtiLlorc 441e, / J // 0740 4e6i.ct_ .4.zL--_,A__;& ..4eLy --ex4eze_ /2244aAced4r.) 4-1;EM)--c_0( 4,- ,tw Ifo _=itc, fr. / fiLLui:c1-0-zd- ./ 4/ . - yot-eAce 2-e-‘,e-Wak x,,),L0,t,„,x Yt_ -(Jf._, e )6t-z(J -#-/e _ ot-i7 ,cti4e_ee‘doc_ i A � � • fe -e& all tfa. - ,arnLFeL fe. May 28,1996 To: Mounds View City Council Re: Ordinance 582 Adoption The Mounds View City Council's proposal to adopt Ordinance 582, which involves amending the City's code section relative to the granting of a liquor license within 500 feet of the property line of any school or church, impacts directly the Sunrise United Methodist Church and Day Care Center. Time and circumstances did not permit the church to hold an open meeting and vote of the congregation. Thus, the following remarks represent the thinking of the Executive Committee of the Administrative Council of the church, after consultation with a cross section of its membership. The proposed ordinance change was presented to the congregation at worship services on Sundays, May 12th and 26th. Those present were encouraged to express their opinions to the Executive Committee members and 1 or to attend the public hearing on the matter on May 28, 1996. There were several individuals and families which responded negatively to the proposed ordinance change. Particularly, there were those who felt it is bad public policy to allow hard liquor establishments near a church or school. Consultation with the City's Economic Development Coordinator suggested that the 60% of annual sales from food requirement, would attract a restaurant where food service was the major focus. Sports bar type operations would normally have difficulty meeting this requirement. Therefore, the lay members of the church's Executive Committee do not object to the adoption of Ordinance 582 by the City Council. However, the City of Mounds View should recognize that their future responsibility in this matter involves more than merely checking the proportion of food- to-liquor sales on an annual basis. The 500 foot requirement in the present code was likely designed to eliminate any attractive nuisances relative to children and youth involved with the church's program, as well as, the unwarranted use of said property. Thus, the city should feel obligated to work with the parties involved to resolve such issues as they may arise. Sincerely, Executive Committee of the Administrative Council Sunrise Methodist Church, Mounds View E o ` fa• ,t m3 < 0 t•.: iv iv 60 ffi 11.4% irE. U. OF w w T t... 9 y w/�^ ,O . Q Q cc 79 1./7—"J\ CO CC• 2.4 Lt,' JQ Q Jiri* W ¢ ' gH N i.- § ......._,__________.4J it:41 2 2 U CO 0W lei Z CC CC UJ U ; Cr LLd Q4 t ¢ U I-U ir \11 2 1 �1,. iiW i_ Q , ,.. 111.1.".., _ _.. . lv , .e , - 1 - -721.4 „ • ME d oll did I 1 5' • . Arir . - of 4V §4 i X- .,w (.1H 5 . . ri, ____.-,--1-16 w 4111P . §Q ai w J • m Owl ! w Z T H 111 H N apOC� Q wzr_ o o zQ � Q t Q wQcn z CC I= + � w _1!i . . 1 =-,r,,W REQUEST FOR COUNCIL CONSIDERATION Agenda Section 8.D. STAFF REPORT Report Number: 96-1708C 0 ''''''. fi 11 J;>:< ,f Report Date: 5/8/96 CITY COUNCIL MEETING DATE — '`x May I3, 1996 Special Order of Bus. X Consent Agenda ys .'iess-Partner-, s Public Hearings — Council Business Item Description: Consideration of Electrical Engineering Study at Booster Station Administrator's Review/Recommendation: a- �� -No Comments to supplement this report X e,f; -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: In an effort to continue to enhance the efficiency and performance of the City's Water system,'staff has been consulting with representatives from NSP regarding electrical rates and upgrades for the Booster Station. Staff has also spoken with SEH regarding possible replacement of the existing pumps and motors. These pumps, motors and starters have never been replace since their origin in 1971. At this time, the booster pumps are utilized to supply additional water when the demand exceeds the pumping capacity of one well and operate during periods of interruptible electrical service. The pumps may cycle on and off numerous times throughout he day, creating a high demand charge. Staff is proposing to change out both high service_ pumps with _ _ • ariable Frequency Drive (VFD) motors which will operate more efficiently.iii, NSP offers a program that will pay for 50% of the engineering expenses for this type of energy retrofit. At this time the estimated cost of the engineering study is approximately $6,500 to $7,000. Staff request Council approval to proceed with the study. Dependant upon the results of the study, staff would report back to Council with a request to proceed this year, or budget for the project in 1997. Staff request funding for this study from the Water Contingency Account 700-4123-910, transferred to the Professional Services account 700-4123-303. 4e-di i ichael Ulrich, Director of Public Works ILCOMMENDATION: Approve engineering study for pump, motor, and starter replacement and electrical upgrade at the Booster Station funded by a transfer of$3,500 from the Water Contingency Acc't 700-4123-910 to the Professional Services Acc't 700-4123-303. ©F REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11.A. STAFF REPORT Report Number: 96-1709C • amiros Report Date: 5/9/96 CITY COUNCIL MEETING DATE OiF:01 May 13, 1996 Special Order of Bus. Consent Agenda 4''Btt-Partros" ■�, Public Hearings X Council Business Item Description: Consideration of Resolution No. 4952, A Resolution Regarding a Variance Request for Tom Manke and Leon Theis, owners of Mounds View Fina, 2280 West County Road I, Planning Case No. 43 8-96. Administrator's Review/Recommendation: -No Comments to supplement this report �. -Comments attached. / Explanation/Summary(attach supplement sheets as necessary) Summary: This item was brought forth to the May 06, 1996 City Council Work Session for discussion. Discussion at this session supported the City Council denying the variance request based on the findings of the Planning Commission in Resolution No. 444-96. For review, Leon Theis and Tom Manke, owners of Mounds View Fina, requested a variance from the Planning Commission to allow the placement of a 24'x 44' canopy atop a gas pump island at 2280 County toad I. The application presented was for a variance for a twenty-four foot encroachment into the required thirty foot front yard setback. Thus, the proposed canopy would be placed six feet from the front yard property line. The applicants.are now appealing the Planning Commission's denial to their variance request to the City Council. The Mounds View Fina is located at 2280 County Road I, and is currently zoned as a legal nonconforming use within the B-2 (Limited Business District) zoning. Municipal records indicate a gas station(Gulf Gas Station) was located At the site since 1954. In January 1981, Ordinance No. 300 amended the Zoning Chapter of Municipal Code to require a 30-foot setback from the lot line for a corner property. In December 1983, the Zoning Section of the Municipal Code was amended in Ordinance No. 352 to require a 30' minimum yard setback for front yards and 10 feet for side yards within B-2 Zoning Districts. When considering this variance request, two issues should be addressed. One issue is that the property is currently classified as a legal nonconforming use and the applicant's request is to add another structure, a canopy, to this nonconforming use. Chapter 1123.02, Subd. 1, provides for the continuance of a legal z = Joyce P 'itt, Acing Community Development Director RECOMMENDATION: Approve Resolution No. 4952, A Resolution Regarding a Varaince Request for Mounds View Fina, 2280 West County Road I, Planning Case No. 438-96. STAFF REPORT FOR PLANNING CASE NO. 438-96 • MAY 13, 1996 • PAGE TWO OF THREE nonconforming use with"any structure or use lawfully existing prior to the zoning use change shall not be enlarged but may be continued at the size and in the manner of operation existing upon such dates, except as hereinafter specified or subsequently amended." The intent of Chapter 1123 of the Municipal Code is stated as"all nonconforming uses shall be eventually brought into conformity." City Attorney Long's opinion to the Planning Commission was that by allowing new structures to be built in connection with a nonconforming use, it will be more difficult to bring the nonconforming use into conformity and may create come difficulty in the future in making a distinction about which types of new structures can be built on a nonconforming use property and which types of new structures cannot be built on a nonconforming use property. The applicants have stated that other cities do not consider a canopy a permanent structure. In response, the Attorney has cited two Minnesota Court cases which clearly state that a gas pump canopy, like the one being considered here, is a structure of building within the meaning of zoning code language similar to that of the Mounds View Zoning Code. See, Amoco Oil Co. v. City of Maple Grove, 191 WL 115114 (Minn. App. 1991) (unpublished opinion) and Crown Coco, Inc. v. Commissioner of Revenue, 336 N. W.2d 272 (Minn. 1983) (cases attached). If the City Council considers allowing the construction of a 24'x 44'gasoline pump canopy as • requested by the applicant, the Council should also consider establishing criteria which would distinguish this request from future requests to build new structures on other nonconforming use properties. The Planning Commission has denied this variance request based on the rationale listed above. Resolution No. 444-96 is attached for your review. Should the City Council choose to interpret the City Code differently in order to allow a canopy at the site of a legal nonconforming use, the second issue to consider would be whether to grant a variance for a twenty-four foot encroachment into the required thirty foot front yard setback. Chapter 1101.01, Subd. 3c, requires a 30-foot minimum setback distance for all corner lots. As noted above, the Planning Commission did deny this variance request based on the findings that the property is currently zoned as a legal nonconforming use and that the applicant did not present a case for an exception. The Attorney's opinion presented to the Planning Commission found that the"no exceptional or extraordinary circumstances apply to the applicant's property which do not apply generally to their properties in the same zone or vicinity since all of the properties in the same zone or vicinity have to abide by the same 30 foot setback requirements of the City Code." Chapter 1104 of the City Code relating to setback requirements was adopted in 1988, after the gas station was already in operation. This criteria alone would not be a solid basis for granting a variance or for finding an undue hardship, because this case is not exceptional since all other • properties in the same zone that would have been in existence prior to 1988 would also be held to the same setback requirements. • STAFF REPORT FOR PLANNING CASE NO. 435-96 MAY 13, 1996 PAGE THREE OF THREE • Section 1125.02, Subd. 2, states that a"variance of the provision of the zoning code may be issued by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the code imposes undue hardship or practical difficulties to the property owner in the use of his land . . . A variance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity. b. The literal interpretation of the provision of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That granting the variance requested will not confer on the applicant any special privileges denied by the owners of other lands, structures or buildings in the same district . . . d. . . .Economic conditions alone shall not be considered a hardship." • When considering this request, the Planning Commission found that by applying the setback requirement would not deprive the applicant of any rights commonly enjoyed by other properties in the same district since all of the other properties in the same and similar zones would have to abide by the 30-foot setback requirement. Furthermore, the Planning Commission found that granting a variance to the applicant may arguably confer to the applicant a special privilege that is, in fact, denied to other owners of properties in the same zone or similar zones which must abide by the 30-foot setback requirement. All information received from the applicants has been included for your review. Based on the discussion at the May 06, 1996 work session, Resolution No. 4952, a resolution denying the variance request has been prepared for your review. If you have any questions, please contact me. • • CITY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11.B. STAFF REPORT Report Number: 96-17100 I. `o jj I Report Date: 5/9/96 • CITY COUNCIL MEETING DATE May 13, 1996 _ Special Order of Bus. Consent Agenda -Par%M "4 Public Hearings X Council Business Item Description: Consideration of Adopting of Ordinance No. 574, An Ordinance Regulating Adult Establishments, Premises Conducive to High Risk Sexual Conduct, Adding Chapter 513 and 608 and Amending Chapters 1113 and 1116 of the Mounds View City Code. Administrator's Review/Recommendation: -No Comments to supplement this report .. -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The attached Ordinance, introduced April 22, 1996, will amend Chapters 1113 and 1116 of the Mounds View Municipal Code. At the May 06, 1996 City Council Work Session, staff notified the City Council of some minor changes to the proposed Ordinance since the formal introduction on April 22, 1996. The following changes have been •made: 1. The phrase"City Administrator" has been changed to "Clerk Administrator." 2. The phrase "distinguished and characterized" has been changed to "distinguished or characterized." 3. Two provisions have-been added by the Attorney to Section 512.11, Subd. 8 (conditions of license). These new provisions deal with the display of merchandise in the window areas and signage in the windows. These provisions were added because in March 1996, the Minnesota Court of Appeals upheld the constitutionality of similar provisions in the Minneapolis adult use ordinance. 4. The numbering of Section 512 has ben stricken and changed to 513. 5. The numbering of Section 607 has been stricken and changed to 608. I /(7 �.�C/ - �% Joyce P itt, A 'ing Community Devel. iment Director •RECOMMENDATION: Adopt Ordinance No. 574, An Ordinance Regulating Adult Establishments, Premises Conducive to High Risk Sexual Conduct Adding Chapters 513 and 608 and Amending Chapters 1113 and 1116 of the Mounds View City Code. STAFF REPORT FOR ORDINANCE NO. 574 MAY 13, 1996 CITY COUNCIL MEETING PAGE TWO OF TWO • 6. Section 513.05 "a park"has been stricken and public facilities zoning district has been added. Public facilities zoning district has been added to protect city hall in addition to all municipal parks. 7. Section 513.03, Subd. 2 (a), Chapter 514 has been added. Chapter 514 will be an ordinance regulating massage therapists. At the May 06, 1996 Work Session, Staff and City Attorney Bob Long notified the Council that the provision for defining a restaurant as a protected use appeared to be unworkable within the proposed Adult Use Ordinance. Without the restaurant provision included in the Adult Use Code, parcels are available in B-3, B-4, I-1 and PUD Zoning Districts. With the restaurant provision added, the districts available drop to I-1 Zoning Districts and a few PUD Zoning Districts. Attorney Bob Long feels that this reduction in zoning districts may create a problem in defending the ordinance as constitutional in court. Thus, the restaurant provision will not be included as a protected use within Ordinance No. 574. If you have any questions, please do not hesitate to contact me. • ORDINANCE NO. 574 AN ORDINANCE REGULATING ADULT ESTABLISHMENTS, PREMISES CONDUCIVE TO HIGH RISK SEXUAL CONDUCT, ADDING CHAPTERS 512 513 AND 607 608 AND AMENDING CHAPTERS 1113 AND 1116 OF THE MOUNDS VIEW CITY CODE. THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Title 500 of the Mounds View City Code is amended by adding a new chapter to read: Chapter 5-1-2 511 - Adult Establishments 512.01 513.01 Findings and Purpose. Studies conducted by the Minnesota attorney general, the American Planning Association and cities such as St. Paul; Indianapolis; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; have studied the impacts that adult establishment have in those communities. These studies have concluded that adult S establishments have adverse impact on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and findings, the city council concludes: (a). Adult establishments have adverse secondary impacts of the types set forth above. (b) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements and health requirements. (c) It is not the intent of the city council to prohibit adult establishments from having a reasonable opportunity to locate in the city. (d) Minnesota Statutes, Section 462.357, allows the city to adopt regulations to promote the public health, safety, morals and general welfare. (e) The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments. • 512.03 513.03 Definitions. Subdivision 1. The following terms have the meanings given them below. RLD83713 MU125-25 1 • Subd. 2. Adult Establishment. A business engaged in any of the following • activities or which utilizes any of the following business procedures or practices: (a) a business that is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by operation of law or by the owners of such business, except any business licensed under Chapters 501, 502, and-503 503, and 514 of the Mounds View City Code; (b) any business that has (1) at least 30% of its inventory, stock and trade or publicly displayed merchandise, or (2) at least 30% of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) devoted to items, merchandise or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas; or (c) any adult use as defined in subdivision 3 of this section. Subd. 3. Adult Use. An adult use is any of the activities and businesses described below: (a) Adult Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such person is nude. (b) Adult Bookstore: An establishment or business used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such business is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if(1) at least 30% of the inventory, stock and trade or publicly displayed merchandise, or (2) at least 30% of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) is devoted to items, merchandise or other material distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." (c) Adult Cabaret. A business or establishment that provides dancing or other live entertainment to patrons if the dancing and live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction of matter that seeks to evoke, arouse or excite the patrons' sexual • or erotic feelings or desire. RLD83713 MU125-25 2 • (d) Adult Companionship Establishment: A business or establishment that excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (e) Adult Conversation/Rap Parlor: A business or establishment that excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (f) Adult Health/Sport Club: A health/sport club which excludes minors by reason of age, if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (g) Adult Hotel or Motel: A hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished or characterized by an emphasis on matter depicting, de- scribing or relating to "specified sexual activities" or "specified anatomical • areas." (h) Adult Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (i) Adult Mini-Motion Picture Theater: A business or establishment with a capacity for less than 50 persons used for presenting material if such • material is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "spec- ified anatomical areas." (j) Adult Modeling Studio: A business or establishment that provides custom- ers figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photo- graphed, or otherwise depicted by such customers. (k) Adult Motion Picture Arcade: Any place to which the public is permitted • or invited where coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images RLD83713 MU125-25 3 to five or fewer persons per machine at any one time, and where the images • so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." (1) Adult Motion Picture Theater: A motion picture theater with a capacity of 50 or more persons used for presenting material if such theater as a pre- vailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons. (m) Adult Novelty Business: A business which has (1) at least 30% of its inventory, stock and trade or publicly displayed merchandise, or (2) at least 30% of the floor area of the business (not including storerooms, stock areas, bathrooms, basement or any portion of the business not open to the public) devoted to items, merchandise or other material or devices which stimulate human genitals or devices which are designed for sexual stimula- tion. (n) Adult Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilising steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or ip characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (o) Adult Steam Room/Bathhouse Facility: A building or portion of a building . used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Subd. 4. Nude or Specified Anatomical Areas: (a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Subd. 5. Specified Sexual Activities. i RLD83713 MU125-25 4 • (a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or (b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (d) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or (e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or 111 (1) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (g) Human excretion, urination, menstruation, vaginal or anal irrigation. 512.05 513.05 Location. No adult establishment may be located within 500 feet of a residential zoning district, a-park, public facilities zoning district, a school, a church, a library or a commercial day care center or within 500 feet of another adult establishment. Distances shall be measured from the nearest point of the building where the adult establishment is located to the nearest boundary of the residential zoning district or of the property containing a park, school, church, library, commercial day care center or other adult establishment. 512.07 513.07 Hours of Operation. No adult establishment may be open to the public between the hours of 1:00 a.m. and 10:00 a.m. 5+-2709.513.09. Additional Conditions for Adult Cabarets. The following additional conditions apply to adult cabarets: (a) No owner, operator or manager of an adult cabaret shall permit or allow • any dancer or other live entertainer to perform nude. RLD83713 MU125-25 5 (b) No dancer, live entertainer, performer, patron or any other person shall be nude in an adult cabaret. (c) The owner, operator or manager of an adult cabaret shall provide the following information to the city concerning any persons who dance or perform live entertainment at the adult cabaret: The person's name, home address, home telephone number, date of birth and any aliases. (d) No dancer, live entertainer or performer shall be under 18 years old. (e) All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet from the level of the floor. (f) No dancer or performer shall perform any dance or live entertainment closer than 10 feet to any patron. (g) No dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer. (h) No patron shall pay or give any gratuity to any dancer or performer. (i) No dancer or performer shall solicit any pay or gratuity from any patron. • 512.11 513.11 License Required. Subdivision 1. No person shall own or operate an adult establishment without having first secured a license as provided for in this subsection. Subd. 2. Application: The application for an adult establishment license shall be submitted on a form provided by the City and shall include: (a) If the applicant is an individual, the name, residence, phone number, and birthdate of the applicant. If the applicant is a partnership, the name, residence, phone number, and birthdate of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birthdates of all those persons holding more than five (5) percent of the issued and outstanding stock of the corporation. (b) The name, address, phone number, and birthdate of the operator and manager of such operation, if different from the owners. (c) The address and legal description of the premises where the adult establishment is to be located. • (d) A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity or the operation of an adult establishment or RLD83713 MU125-25 6 f • adult business by the applicant, operator or manager and whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five (5) percent of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities. (e) The activities and types of business to be conducted. (f) The hours of operation. (g) The provisions made to restrict access by minors. (h) A building plan of the premises detailing all internal operations and activities. Subd. 3. License Fee: (a) The annual license fee is $500.00. • _ (b) Each application for a license shall be submitted to the Clerk-Administrator and payment made to the City. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the City shall refund the license fee. (c). All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rated fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. (d) No part of the fee paid by any license shall be refunded, except that a pro rata portion of the fee shall be refunded in the following instances upon application to the Clerk-Administrator within 30 days from the happening of the event, provided that such event occurs more than 30 days before the expiration of the license: (i) Destruction or damage of the licensed premises by fire or other catastrophe. (ii) The licensee's illness. • (iii) The licensee's death. RLD83713 MU125-25 7 (iv) A change in the legal status making unlawful for licensed business • to continue. (e) Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the • City Council by the application or licensee. If said changes take place during the investigation, said data shall be provided to the Police Chief in writing and they shall report the changes to the City Council. Failure to report said changes by the applicant(s) or the licensee may result in a denial or revocation of a license. Subd. 4. Investigative Fee: Subdivision 1. The investigative fee for an adult establishment license shall be determined as follows: (a) Upon applying for the license, the applicant shall pay $500.00 per person identified on the application as an owner, operator or manager. (b) If it appears that the investigative costs will exceed $500.00, the Clerk- Administrator shall notify the applicant and give the applicant an estimate of costs. The applicant shall either make an additional deposit equal to the difference between $500.00 and the total estimate, or shall withdraw the application. If the additional deposit is not paid within 14 days, the application shall be deemed withdrawn. (c) If the costs of administration, issuance and investigation are less than the deposit, the balance shall be refunded upon the issuance or denial of the license. No license shall be issued until the applicant has paid the entire cost of administration, issuance and investigation. Subd. 5. Granting of License: (a) The Police Chief or such other designated person shall complete the investigation within 30 days after the Clerk-Administrator receives a complete application and all license and investigative fees. (b) If the application is for a renewal, the applicant shall be allowed to continue business until the Council has determined to renew or refuse to renew a license. (c) If, after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this subsection, then the license shall be issued by the City Council RLD83713 MU125-25 8 • within 30 days after the investigation is completed. Otherwise the license shall be denied. (d) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to •another premise without the approval of the City Council. If the a licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. All adult establishments existing at the time of the adoption of this subsection shall be required to obtain an annual license. Subd. 6: Persons Ineligible for License: No license shall be granted to or held by any person: (a) Under twenty-one (21) years of age. (b) Who is overdue or whose spouse is overdue in his or her payment to the City, county or state of taxes, fees, fines or penalties assessed against them or imposed upon them; • (c) Who has been convicted or whose spouse has been convicted of a gross misdemeanor or felony or of violating any law of this state or local ordinance relating to sex offenses, obscenity offenses or adult establishments; (d) Who is not the proprietor of the establishment for which the license is issued; (e) Who is residing with a person who has been denied a license by the City or any other Minnesota municipal corporation to operate an adult establishment, or residing with a person whose license to operate an adult establishment has been suspended or revoked within the preceding twelve (12) months; (f) Who has not paid the license and investigative fees required by this subsection. Subd. 7 Places Ineligible for License: (a) No license shall be granted for adult establishments on any premises where the applicant or any of its officers, agents or employees has been convicted of a violation of this subsection, or where any license hereunder has been revoked for cause, until one (1) year has elapsed after such conviction or • revocation. RLD83713 MU125-25 9 (b) No license shall be granted for any adult establishment which is not in full • compliance with the City Code, the City's zoning ordinance, the Building Code, the Fire Code, the City's Health Regulations and all provisions of state and federal law. Subd. 8 Conditions of License: (a) Every license shall be granted subject to the following conditions and all other provisions of this subsection, and of any applicable sections of the City Code, the City's zoning ordinance, the Building Code, the Fire Code, the City's Health Regulations and all provisions of state and federal law. (b) All licensed premises shall have the license posted in a conspicuous place at all times. (c) No minor shall be permitted on the licensed premises. (d) Any designated inspection officer of the City shall have the right to enter, inspect, and search the premises of a licensee during business hours. (e) Every licensee shall be responsible for the conduct of his/her place of business and shall maintain conditions of order. (f) No adult goods or material services shall be offered, sold, transferred, conveyed, given, displayed, or bartered to any minor. (g). No merchandise or pictures of the products or entertainment sold or conducted on the premises may be displayed in the window areas or in any area where they can be viewed from a sidewalk in front of the building. (h) The window areas may not be covered or made opaque in any way. No sign may be placed in any window. A one square foot sign may be placed on the door of the business to state the hours of operation and that admittance is to adults only. Subd. 9 Penalty: (a) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (b) Any violation of this section shall be a basis for the suspension or revocation of any license granted hereunder. In the event that the City Council proposes to revoke or suspend the license, the licensee shall be • notified in writing of the basis for such proposed revocation or suspension. The Council shall hold a hearing for the purpose of determining whether to RLD83713 MU125-25 10 • revoke or suspend the license, which hearing shall be within thirty (30) days of the date of the notice. (c) The City Council shall determine whether to suspend or revoke a license within thirty (30) days after the close of the hearing or within 60 days of the date of the notice, whichever is sooner, and shall notify the licensee of its decision within that period. Subd. 10. Right of Appeal: (a) In the event that the Council determines to suspend, or revoke a license, such suspension or revocation shall not be effective until fifteen (15) days after notification of the decision to the licensee. If, within that fifteen (15) days, the licensee files and serves an action in state or federal court challenging the Council's action, then the suspension or revocation shall be stayed until the conclusion of such action. (b) If the City Council determines not to renew a license, the licensee may continue its business for fifteen (15) days after receiving notice of such non-renewal. If the licensee files and serves an action in state or federal court within that fifteen (15) days for the purpose of determining whether • the City acted properly, the licensee may continue inbusiness until the conclusion of the action. (c) If the City Council decides not to grant a license to an applicant, then the applicant may commence an action in state or federal court within fifteen (15) days for the purpose of determining whether the City acted properly. The applicant shall not commence doing business unless the action is concluded in its favor. Sec. 2. Title 600 of the Mounds View City Code is amended by adding a new chapter to read: Chapter 60-7 608 - Premises Conducive to High-Risk Sexual Conduct 607.01 608.01 Purpose. The purpose of this section of the City Code is to prescribe regulations governing commercial premises, buildings, and structures that are conducive, by virtue of design and use, to high-risk sexual conduct which can result in the spread of sexually transmitted diseases to persons frequenting such premises, buildings, and structures. 60-7703-.608.03 Findings of the City Council. The City Council of the City of IDMounds View makes the following findings regarding the need to regulate commercial premises, buildings, and structures that are conducive to the spread of RLD83713 MU125-25 11 communicable disease of danger to persons in order to further the substantial • interest of public health: (a) The experience of other cities establishes that certain commercial premises, buildings, and structures, or parts thereof, by reason of the design and use of such premises, buildings, or structures are conducive to the spread of communicable disease of danger to persons frequenting such premises, buildings, or structures, as well as to the general public, and that the risk of spreading infectious and contagious diseases can be minimized by regulating such commercial premises, buildings, and structures. (b) The experience of other cities where such commercial premises, buildings, and structures are present indicates that the risk of spreading the sexually transmittable disease of Acquired Immune Deficiency Syndrome (AIDS) is increased by the presence of such premises, buildings, and structures, because.the design or use of such premises, buildings, and structures, or parts thereof can facilitate high-risk sexual conduct. (c) Medical publications of the Center for Disease Control of the United States Department of Health and Human Services indicate that the sexually transmittable disease of AIDS is currently irreversible and uniformly fatal. Medical research has further established that the risk factors for obtaining io or spreading AIDS are associated with high risk sexual conduct. 6005. 608.05 Definitions. The following words and phrases when used in this section shall have the following meanings unless the context indicates otherwise: (a) Booths, stalls, or partitioned portions of a room or individual room: (i) enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct, or (ii) enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls, or partitioned portions of a room or individual room" does not mean enclosures which are private offices used by the owners, managers or persons employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. (b) Doors, curtains or portal partitions: full, complete, non-transparent closure devices through which one cannot see or view activity taking place within the enclosure. RLD83713 MU125-25 12 • • (c) Hazardous site: any commercial premises, building or structure, or any part thereof, which is a site of high-risk sexual conduct as defined herein. (d) High-risk sexual conduct: (i) fellatio; (ii) anal intercourse;, and/or (iii) vaginal intercourse with persons who engage in sexual acts in exchange for money. (e) Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room: either the absence of any entire "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure. (f) Public health official: an agent or employee of the city charged with the enforcement of the state or local health laws. 607.07. 608.07. Public Health Reg dations. Subdivision 1. No commercial building, structure, premises or part thereof, or facilities therein shall be so _ constructed, used, designed or operated in the City for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct. Subd. 2. No person shall own, operate, manage, rent, lease, or exercise control of any commercial building, structure, premises, or portion or part thereof in the City, which contains: (a) Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity, including but not limited to vaginal intercourse, anal intercourse, or fellatio, between persons on either side of the partition. (b) "Booths, stalls, or partitioned portions of a room or individual room" as defined herein which have "doors, curtains or portal partitions" as defined herein unless such booths, stalls, partitioned portions of a room or individual room have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room as defined herein. Booths, stalls, and/or partitioned portions of a room or individual room that are so open to an adjacent public room shall be lighted ain a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, RLD83713 MU125-25 13 but such lighting shall not be of such intensity as to prevent the viewing of • the motion pictures or other offered entertainment. 607.09. 608.09. Exceptions. The regulations set forth in this section shall not apply to premises, buildings, or structures that are lawfully operating and licensed as hotels, motels, apartment complexes, condominiums, townhomes, or boarding houses which are subject to other general health and sanitation requirements under state and local law. 607.11. 608.11. Health Enforcement Powers. Subdivision 1. In exercising powers conferred by this or any other section of this Code relating to communicable diseases, the Public Health Official shall be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services which relate to the spread of infectious diseases. Subd. 2. In order to ascertain the source of infection and reduce its spread, the Public Health Official, and persons under the Public Health Official's direction and control, shall have full power and authority to inspect or cause to be inspected, and to issue orders regarding any commercial building, structure or premises, or any part thereof, which may be a site of high-risk sexual conduct. If the Public Health Official determines that a hazardous site as defined herein exists, the Public w.,,..�. Health Official shall declare it to be a public health hazard and public health nuisance and shall then: (a) Notify the manager, owner, or tenant of the hazardous site that the Public . Health Official has reasonable belief that the premises, building or structure is a hazardous site as defined herein, (b) Issue two written warnings at least ten (10) days apart to the manager, owner, Or tenant of the premises stating the specific reasons for the Public Health Official's opinion that the premises, building, or structure is a hazardous site as defined herein, (c) Once such notices and warnings have been issued, the Public Health Official or the Public Health Official's appointee shall proceed as follows: (1) After the manager, owner or tenant of the premises has been notified in writing as to the basis of the Public Health Official's determination, the manager, owner or tenant shall have ten (10) days from the date of the last warning to request a hearing before the Public Health Official or the Public Health Official's appointee for the determination as to the existence of such hazardous site. If • the manager, owner or tenant of the premises does not request a hearing within ten (10) days of the date of the last warning notice, RLD83713 MU125-25 14 • the Public Health Official shall then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site and the Public Health Official shall cause orders to be issued to the manager, owner or tenant of the premises constituting the hazardous site totake specified corrective measures to prevent high-risk sexual conduct from taking place within the premises. (2) If the manager, owner, or tenant of the premises requests a hearing, the hearing shall be held before the Public Health Official or the Public Health Official's appointee at a date not more than thirty (30) days after demand for a hearing. After considering all evidence, the Public Health Official or the Public Health Official's appointee shall make a determination as to whether the premises constitute a hazardous site, as defined herein and issue a decision based upon all hearing evidence presented. If the Public Health Official or the Public. Health Official's appointee makes a • determination that the premises constitute a hazardous site, the Public Health Official shall then issue orders to the manager, owner, or tenant of the premises to take corrective measures to prevent high-risk sexual conduct from taking place within the • premises and cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. (3) If, within thirty (30) days from issuance of the orders to the manager, owner, or tenant of the hazardous site, the Public Health Official determines that such corrective measures have not been undertaken, the Public Health Official may order the abatement of the hazardous site as a public nuisance, which shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction, or may secure a court order for the closure of the premises constituting the hazardous site until the premises, building, or structure is in compliance with the regulations set forth in Section 9.14 of this section. 60-7.1 608.13. Criminal Penalties. Any person violating any provision of this chapter or any person who removes, destroys or defaces warnings posted on premises by the Public Health Official pursuant to this chapter shall be guilty of a misdemeanor. Sec. 3. Section 1113.02, subd. 2, and Section 1116.02 of the Mounds View City Code is amended by adding the following provision: RLD83713 MU125-25 15 Adult establishments as defined and regulated in Chapter 512 513of the City • Code. Sec. 4. Effective Tate. This ordinance is effective thirty days after its publication. Read by the City Council of the City of Mounds View this day of 1995 Read and passed by the City Council of the City of Mounds View, Minnesota this day of , 1996. Mayor ATTEST: Clerk-Administrator • Approved as to form: City Attorney S RLD83713 MU125-25 16 REQUEST FOR COUNCIL CONSIDERATION AgendaeortSection: 96-17 1_C Report Number: 96_17 40STAFF REPORT Report Date: 5-24-96 laiNDS Council Action: grerj- 9 ❑ Special Order of Business Partnc� ❑ Public Hearings 10 • CITY COUNCIL MEETING DATE May 28, 1996 ❑ Consent Agenda C Council Business Item Description: Consideration to Award Bid for Lease Purchase Golf Carts Administrator's Review/Recommendation: , - No comments to supplement this report /� - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; MEMO TO: CHUCK WHITING, ADMINISTRATOR FROM: MARY SAARION, DIRECTOR PARKS, RECREATION& FORESTRY DATE: MAY 22, 1996 SUBJECT: RECOMMENDATION TO AWARD BID TO CLUB CAR FOR LEASE PURCHASE AGREEMENT FOR GOLF CARTS AND UTILITY CART , 0 FOR THE BRIDGES GOLF COURSE RFP's were advertised for lease/purchasing 10 golf carts and one utility cart for The Bridges Golf Course. Year end evaluation and recommendation was made by Effective Golf Course Systems to look into the feasibility of purchasing rather than leasing golf carts. Research showed that purchasing golf carts results in greater profits after four years. The lease/purchase option requires annual payment periods of 6 months with 6 months non-payment months. Annual payment is within operational expenses of the golf course. After four years, the carts will be fully paid and profits will increase. Last year's cost for leasing 8 golf carts was $960 per month or $120 per cart per month. The monthly cost for lease/purchasing 10 golf carts is $1704.40, or $170 per cart per month, a difference in annual lease/purchase costs versus leasing costs of$50 per cart per month or $3,000 year. The longevity of each cart is 8 - 10 years providing increased revenue profit stream from power cart rentals for 4-6 years once the carts are fully paid after 4 years. Two bids were received. Club Car and Yamaha, Golf Car Midwest were the only two bidders. Club Car has the best bid at $1704.40 per car per month with 5 year warrantee.. Golf Car Midwest bid $1,775.00 per month with 3 year warrantee. John Hammerschmidt, Golf Course Superintendent, has worked with Club Car before and has been very satisfied with their service. IDRecommendation: Staff recommends bid award to Club Car for lease/purchasing 10 golf carts and one utility cart for The Bridges Golf Course, at a cost of$1704.04 per monthly payment for four years, 6 months off(November through April) and six payment months (May through October). The annual cost is $10,226.40. Expense is to be funded from Golf Course Enterprise Fund. The Bridges of Moundsview May 13 , 1996 6 • Moundsview, MN V ' LEASE/PURCHASE PROPOSAL 411 Club Car's primary funding source, Associate Commercial Corporation proposes to lease to The Bridges of Moundsview 10 new 1996 Model DS Gasoline golf cars equipped as stated on the quotation sheet. The • lease rates are based on the first payment being paid at the time of delivery of the equipment and subject to Associate Commercial Corporation's normal credit approved. 48 Months - 6 months on, 6 months off * $170.44 per car per month Payment months: May thru October Non - payment months: November thru April Lease/Purchase Payment Includes: Green Color, Sweater Baskets, Canopy Top, Scuff Guards, Bagwell Liners, Freight and Installation, Taxes and 1 1995 Carry All I with Range _ Enclosure. Payment Months: May - October Non - Payment Months: November - April By: Club Car, Inc. By: Title: T Bridges of Moundsview May 13 , 1996 Moundsview, MN WARRANTIES AND SPECIAL CONSIDERATIONS WARRANTY A. Club Car, Inc. warrants to The Bridges of Moundsview that its new 1996 Model DS Gasoline golf cars are free from defects in materials and workmanship subject to the terms and conditions contained in the attached Club Car Limited Lifetime Warranty. B. Club Car, Inc. warrants to The Bridges of Moundsview that its new 1996 Model DS Gasoline golf cars are free from defects in materials and workmanship subject to the terms and conditions contained in the attached Club Car Limited Lifetime Warranty. The two year section of Club Car's Limited Lifetime Warranty is extended to five years. REPLACEMENT PARTS AND SERVICE Factory authorized replacement parts, service and warranty work is handled through Minnesota Golf Cars, Club Car's factory authorized dealer in Bloomington, MN. The Bridges of Moundsview's fleet will receive professional, timely and systematic service. Club 'Car offers technical training seminars for The„Bridges of Moundsview's employees involved with golf car operations. These seminars are held at Club Car's manufacturing facility in Augusta, Georgia and are conducted by professional educators. The Bridges of Moundsview' s employees will learn preventive maintenance and repair procedures to enhance The Bridges of Moundsview's fleet operations. They will also enjoy sharing ideas and experiences with golf club and resort personnel from all over the world. The Bridges of Moundsview' s only cost is for the attendee's transportation to and from Augusta, Georgia. Club Car also offers a PGA Golf Car Management Seminar for The Bridges of Moundsview's golf professional staff. This seminar will enhance your professional staff's golf car fleet management skills and earn the PGA Professional valuable recertification points toward their PGA membership. Club Car, Inc. will send our Technical Representative to The Bridges of Moundsview periodically. He will make recommendations and suggestions on how to improve golf car operations and will give The Bridges of Moundsview's management a written critique of its operation after each visit. This service is provided free. Club Car, Inc. is the only golf car manufacturer committed to field reliability. GOLF CAR MIDWEST 3350 West Highway 13, Burnsville, Minnesota 55337 Local Calls 612-890-5541 FAX 612-890-2914 Call Toil Free 800-328-6665 In MN 800-352-2779 YAMAHA Thursday, May 16, 1996 Bridges of Moundview 8290 Coral Sea Street Mounds View, MN 55112 Gentlemen: We hereby submit specifications and the.following 10) New 1996 white Yamaha "ULTIMA" Gas Golf Cars with SunTops and One (1) pricing96 Yamaha for Ten tYAMAHAULER" Utility vehicle with Aluminum ball cage enclosure, front bumper kit for your range ball picker attachment. Lease/Purchase Eleven (11) units with (24) Seasonal Monthly Payment Per Unit of: Total Monthly Payment .00 $i1775775.00 Payment Schedule: 1996 - Six Payments; May through October 1997 - Six Payments; May through October • 1998 - Six Payments; May through October 1999 Six Payments; May through October Lease-End Purchase Option Per Car $1.00 • PLEASE NOTE:This is a net lease transaction,whereby insurance, maintenance and taxes are the Lessee's responsibility. Yamaha's THREE (3) YEAR GOLF CAR WARRANTY and ONE (1) YEAR YAMAHAULER WARRANTY are passed onto the Lessee. Minnesota State Sales tax on the Ufllity Vehicle is included in the above lease rates. This proposal is subject to credit approval by the Yamaha Leasing Division and may be withdrawn by Golf Car Midwest if it is not accepted within (30) days. If any additional information is needed, please do not hesitate to contact us. Proposed By: Accepted By: Rich Taylor • General Manager Title: Date: Serving the Upper Midwest Golf Industry Since 1978 t OM OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11.D. STAFF REPORT Report Number: 96-1712C ON Report Date: 5/8/96 . -2,,,...„.0 "•, ��� CITY COUNCILMay13,MEETING1996DATE Special Order of Bus. Consent A enda ogtejs!Partner k4' Public Hearings Council Business Item Description: Consideration of Resolution No. 4943, Adopting the 1997 Budget Calendar and 1996 Long Term Financial Plan Administrator's Review/Recommendation:,, �},/ -No Comments to supplement this report L 'r -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: • Section 7.04 of the City Charter requires a budget calendar to be adopted annually. Attached, for your consideration is Resolution No. 4743, A Resolution Adopting The 1996 Long Term Financial Plan and 1997 Budget Calendar. • , • MaryE.M arek, Interim Finance Coordinator ID RECOMMENDATION: RESOLUTION NO. 4943 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE 1996 LONG TERM FINANCIAL PLAN AND 1997 BUDGET CALENDARS WHEREAS, the City Charter prescribes the requirements for a Budget Calendar under 7 . 04 ; and WHEREAS, the City Staff has reviewed the requirements of Section 7 . 04 and determined the following: May 07, 1996 Staff submits first draft of Long Term Financial Plan to City Administrator and Interim Finance Coordinator for review. May 13 , 1996 Revised drafts of Long Term Financial Plan submitted to City Administrator and Interim 0 Finance Coordinator for review. May 20 , 1996 Final drafts of Long Term Financial Plan submitted to City Administrator and Interim Finance Coordinator for review. June 03 , 1996 Draft of Long Term Financial Plan submitted to Council for review (Special Meeting 5 : 30 - 7 : 00 p.m. prior to Agenda Session Meeting) July 08 & 09, First Round Department Budget Discussions 1996 with City Administrator and Finance Director July 15, 1996 Council/Staff Long Term Financial Plan Work Session (Special Meeting 6 : 00 p.m. ) Revenue Estimate and First Draft of Budget submitted to Council July 22 & 23 , Second Round Meetings with Departments, 1996 City Administrator and Finance Director to review and adjust Draft Budget 0 July 22 , 1996 Public Hearing and Introduction of Ordinance to Adopt Long Term Financial Plan - 7 . 05 p.m. July 29, 1996 Special Budget Work Session - 6 : 00 p.m. Second Draft of Budget August 1, 1996 Department of Revenue will certify LGA Amounts to Cities August 1, 1996 County Auditor notifies City of the dates which have been selected by the County & School District for their budget hearings so the City can select date of its hearing August 12 , 1996 Public Hearing and Adoption of Ordinance to adopt Long Term Financial Plan - 7 : 05 p.m. August 19, 1996 Special Budget Work Session - 6 : 00 p.m. Third Draft Review 40 August 26, 1996 Optional Special budget Work Session September 3 , 1996 Special budget work Session - 6 : 00 p.m. September 09 , 1996 Council to adopt proposed levy for certification to the County Auditor and select dates for budget hearing and continuation hearing, if needed October 28, 1996 Council holds information meeting on the 1997 budget November 25 - City to publish notice of budget hearing and December 22 , 1996 hold public hearing on the 1997 budget NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mounds View adopts the above Calendar for the 1997 Budget process . Adopted this 13th day of May, 1996 . 411 ATTEST: Mayor (SEAL) Clerk-Administrator OTTY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11. E. STAFF REPORT Report Number: 96-1713C (AMOS Report Date: 5/8/96 ii, CITY COUNCIL MEETING DATE [NM May 13, 1996 Special Order of Bus. fAt. Consent A enda ''ess-Partae(S�''Qs g Public Hearings 7 Council Business Item Description: Consideration of Resolution No. 4945, Establishing A Petty Cash Fund at The Municipal Golf Course Administrator's Review/Recommendation: -No Comments to supplement this report l?k -Comments attached. J Explanation/Summary(attach supplement sheets as necessary) Summary: Staff asked the auditors to review and suggest different means of handling the financial needs of"The Bridges" golf course. They advised staff to establish a petty cash fund. The golf course's hours of operation do not make it possible for convenient access to the petty cash fund at City Hall. A fund of$50.00 would help meet the golf course's needs. Small items purchased by employees requires them to use their own monies and then bring the receipts to City Hall. This process is not efficient and wastes staff time when they are needed at the course. Attached for your review and consideration is Resolution No. 4945. 0 7/1/ e:::: :z.:.. ,___L Mary Eek, Interim Finance Coordinator 4tE COMMENDATION: Adopting ofResolution4 4 p g No. 9 5 RESOLUTION NO. 4945 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ESTABLISHING A MUNICIPAL GOLF COURSE PETTY CASH FUND WHEREAS, Minnesota Statutes Section 471.56, Subdivision 5, authorizes the Council to establish a petty cash fund; NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby establish a Petty Cash Fund at the Municipal Golf Course known as "The Bridges" for the purpose of paying claims against the City which are impractical to pay in any other manner. Said Fund shall be regulated in the following manner: 1) the sum of fifty dollars shall be deposited in the Fund and shall be maintained as the Fund Balance; 2) the City Treasurer, or Treasurer's designee, shall be the custodian of the Fund; 3) monies shall be disbursed by the custodian only for proper claims against the City which are impractical to pay in any other manner; 4) All such claims shall be authorized by the appropriate supervisor prior to disbursement by the custodian; 5) No claims shall be for salary or reimbursement of any personal expense of a City officer or employee; 6) The custodian of the Fund shall submit a claim itemizing all the various demands for which disbursements have been made from the Fund to the City Council at the next meeting after the disbursements have been made along with a request for transfer of monies from the appropriate funds in order to maintain the Petty Cash Fund. Adopted this 13th day of May, 1996. (SEAL) Mayor 410 Clerk-administrator ;:?_ REQUEST.FOR COUNCIL CONSIDERATION Agenda Section 11 . F. STAFF REPORT Report Number: 96-1714c; I I till:;'•_._ Report Date: 5/8/96 • CITY COUNCIL MEETING DATE May 13. 1996 _ Special Order of Bus. Consent Agenda r°?,iFss-Partntt` '4' Public Hearings X Council Business • Item Description: Consideration of Communication Antenna Contract Administrator's Review/Recommendation: -No Comments to supplement this report X jt -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Staff has been negotiating a contract with APT for use of the City Water Tower for the purpose of installing digital communication antennas. The City Attorney has reviewed the contract and approved the terms and language. The original contract rental terms were for $6,000 per year with an annual adjustment of 3% or the rate of the CPI (Urban). The final contract raises the annual fee to $11,000 per year with an annual adjustment of 4%. The initial contract period is for one five year term, with an option for three additional five year extensions. This contract does not allow for any discounted or free air time. In speaking with both companies, they would not agree to this request, but did raise the annual rent rate. •his item was presented at the May 6, 1996 work session for review. Should Council have any questions-or' comments regarding this item, please feel free to call me. Michael Ulrich, Director of Public Works RECOMMENDATION: Approve the contract with American Portable Telecom(APT) to install communiction antennas on the City Water Tower. - • CM®F Agenda Section: 11.G. REQUEST FOR COUNCIL CONSIDERATION Report Number: 965109506 C STAFF REPORT Co��l Action: 111178 Special Order of Business 8?rr•Par[neKMAY 13, 19 9 6 0 Public Hearings CITY COUNCIL MEETING DATE 0 Consent Agenda XXJ Council Business Item Description: Consideration and Adoption of Ordinance No. 580 Amending Section 306.05 Subd. l.a. of the Municipal Code Entitled, "Vacations and Holidays" Administrator's Review/Recommendation: - No comments to supplement this report � - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; Ordinance No. 580 was introduced at the April 22, 1996 Council Meeting. Council directed staff to make changes to the proposed ordinance.. Changes have been made and Ordinance No. 580 entitled, "Vacations and Holidays" is being presented at tonight's meeting for adoption. • 4114-kOjt-d4) eA,21ga-btf--J Michele Numainville-Chambers, Deputy Clerk p �iECOMMENDATION; ORDINANCE NO. 5809 CITY OF MOUNDS VIEW COUNTY OF RAMSEY2 STATE OF MINNESOTA / AN INANCE AMENDING SECTION 306.05, SUBDIVISION 1.a./OF THE MUNICIPAL CODE OF MOUNDS VIEW, ENTITLED / "VACATIONS AND HOLIDAYS" THE COUNCIL OF THE CItYOF MOUNDS VIEW DOES HEREBY'ORDAIN: SECTION I. Chapter 306.05, "LegaiHolidays" is hereby amended by adding the following: 306.05: LEGAL HOLIDAYS: Subd. 1. Legal Holidays Designated: a. The following shall be legal holidays for all regular full-time employees and regular part-time employees on a pro rata basis subject to this Title: New Year's Day, Martin Luther King's Birthday(third Monday in January); President's Day,- 410 Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, four(4) hours Christmas Eve Day, Christmas Day, fours (4) hours New Year's Eve Day.. SECTION II. This ordinance shall take effect 30 days after the date of its publication. Read by the Council of the City of Mounds View on this day of , 1996. Read and passed by the Council of the,City of Mounds View on this day of 1996. ' A11J ST: (SEAL) Mayor Approved as to Form: City Administrator 10 City Attorney Pvlic-Zw ORDINANCE NO. 580 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 306.05, SUBDIVISION l.a. OF THE MOUNDS VIEW MUNICIPAL CODE, ENTITLED "VACATIONS AND HOLIDAYS" THE COUNCIL OF THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION I. Chapter 306.05, "Legal Holidays" is hereby amended by adding the following: 306.05: LEGAL HOLIDAYS: • Subd. 1. Legal Holidays Designated: a. The following shall be legal holidays for all regular full-time employees and regular part-time employees on a pro rata basis subject to this Title: New Year's Day, Martin Luther King's Birthday (third Monday in January), President's Day,- • Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,Day after Thanksgiving, four(4) hours Christmas Eve Day, Christmas Day, and four(4) hours New Year's Eve Day in years where the eves falls on Monday,Tuesday. Wednesday, Thursday or Friday. SECTION II. This ordinance shall take effect 30 days after the date of its publication. Read by the Council of the City of Mounds View on this 29th day of April, 1996. Read and passed by the Council of the City of Mounds View on this 13th day of May 1996. ATTEST: (SEAL) Mayor Approved as to Form: City Administrator City Attorney • • ©irr OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11. H. STAFF REPORT Report Number: 96-1716C [1111)70S Report Date: 5/8/96 IP -3. CITY COUNCIL MEETING DATE May 13. 1996Special Order of Bus. Consent Agenda �8rers•Partners'* Public Hearings XCouncil Business Item Description: Consideration of Action on Ordinance No. 576 Amending the Municipal Code of Mounds View by Amending Chapter 906.13 entitled, "Water Rates and Billing Regulations" Administrator's Review/Recommendation: -No Comments to supplement this report , -Comments attached. i Explanation/Summary(attach supplement sheets as necessary) Summary: Ordinance No. 576, an Ordinance amending the Municipal Code of Mounds View by amending Chapter 906.13 entitled"Water Rates and Billing Regulations"was introduced at the April 22, 1996 Council meeting. This ordinance amends the Municipal Code so as to set water rates by adoption of an ordinance by the City. Council. At this time, Ordinance No. 576 is presented for final consideration and adoption. 11111 r : „.. .0____„•4LP Mary E atarek, Interim Finance Coordinator RECOMMENDATION: ORDINANCE NO. 576 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 906.13 ENTITLED, • "WATER RATES AND BILLING REGULATIONS" The City Council of the City of Mounds View does hereby ordain: SECTION I. CHAPTER 906.13, Sudb. 1, Entitled"Authority of Council" is amended as follows: The Council shall have the authority to prescribe the rates to be charged for water service to the customer and may prescribe the date of billing, length of time and such further rules and regulations relative to the use and operation of such systems as it may deem necessary, from to time. Said water rates and any surcharges shall be established by-r-e•salutian ordinance of the City Council, from time to time. SECTION II. This ordinance shall take effect thirty days after the date of its publication, • and be retroactive to April 1, 1996. • SECTION III. Introduced and read by the City Council of the City of Mounds View on April22, 1996. Read and passed by the City Council of the City of Mounds View this day of May, 1996. ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR APPROVED AS TO FORM: I CITY ATTORNEY ma OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11.1. STAFF REPORT Report Number: 96-1717C 0 / , U UNDS Report Date: 5/8/96 CITY COUNCIL MEETING DATE • 11FEW May 13, 1996 Special Order of Bus. `o Consent Agenda 'res'.f Partflecs��e Public Hearings Council Business Item Description: Consideration of Action on Ordinance No. 577 Amending the Municipal Code of Mounds View by Amending Chapter 907.14 entitled, "Sewer Use Rates and Billing " Administrator's Review/Recommendation: -No Comments to supplement this report . -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Ordinance No. 577, an Ordinance amending the Municipal Code of Mounds View by amending Chapter 907.14 entitled"Sewer Use Rates and Billing " was introduced at the April 22, 1996 Council meeting. This ordinance amends the Municipal Code so as to set sewer rates by adoption of an ordinance by the City Council. At this time, Ordinance No. 577 is presented for final consideration and adoption. 411 7,7d-- 0 Mary E. • tarek, Interim Finance Coordinator • RECOMMENDATION: ORDINANCE NO. 577 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STAl'b OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 907.14 ENTITLED, "SEWER USE RATES AND BILLING" The City Council of the City of Mounds View does hereby ordain: SECTION I. CHAPTER 907.14, Sudb. 1, Entitled"Rates Established" is amended as follows: Rates and charges for the use and service of the sanitary sewer system shall be established by resolution ordinance of the Council. SECTION II. This ordinance shall take effect thirty days after the date of its publication, and be retroactive to April 1, 1996. SECTION III. Introduced and read by the City Council of the City of Mounds View on April22, 1996. 411 Read and passed by the City Council of the City of Mounds View this day of May, 1996. ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR APPROVED AS TO FORM: CITY ATTORNEY • erry OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11.J. STAFF REPORT Report Number: 96-1718C • OMHOS Report Date: 5/8/96 CITY COUNCIL MEETING DATE MEW May 13, 1996 _ Special Order of Bus. Consent Agenda Afro P to•Partoo,vs g Public Hearings 7 Council Business Item Description: Consideration of Action on Ordinance No. 578 Setting Water Rates and Surcharges Effective April 1, 1996 Administrator's Review/Recommendation: -No Comments to supplement this report ' -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Ordinance No. 578, an Ordinance setting water rates and surcharges effective April 1, 1996 was introduced at the April 22, 1996 Council meeting. At this time, Ordinance No. 578 is presented for final consideration and adoption. Mary arek, Interim Finance Coordinator RECOMMENDATION: ORDINANCE NO. 578 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AUTHORIZING THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW TO SET WATER RATES AND SURCHARGES EFFECTIVE APRIL 1, 1996 The City Council of the City of Mounds View does hereby ordain: SECTION I. The Mounds View City Council has determined that it is in the best interest of the City to insure sufficient funding to cover operations and debt service in the Water Fund. SECTION II. The Utility Billing Clerk shall quarterly prepare a bill based on the rates established for each property class by Council and in accordance with existing Mounds View policy. Water rates shall be set at$1.30/1000 gallons water sold. A quarterly meter surcharge rate shall be set based on meter size. Residential Meters 5/8" to 1" $ 3.00 • Commercial Meters 1 inch $ 3.60 1 1/2 inch $ 6.00 2 inch $ 7.40 3 inch $19.00 4 inch $31.50 Non-compliance to participate, $25.00/quarter Including manual billing Customer's option for radio read $15.00/quarter and one time capital outlay $27.00 SECTION III. This ordinance shall take effect thirty days after the date of its publication, and be retroactive to April 1, 1996. Introduced and read by the City Council of the City of Mounds View on April 22, 1996. Read and passed by the City Council of the City of Mounds View this day of May, 1996. ATTEST: MAYOR S • (SEAL) CITY ADMINISTRATOR APPROVED AS TO FORM: CITY ATTORNEY • CITY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11.K. STAFF REPORT Report Number: 96-17190 • 178 Report Date: 5/8/96 CITY COUNCIL MEETING DATE • May 13. 1996 Special Order of Bus. o'frets Partne s54' Consent Agenda Public Hearings .>< Council Business Item Description: Consideration of Action on Ordinance No. 579 Setting Sewer Rates Effective April 1, 1996 Administrator's Review/Recommendation: -No Comments to supplement this report (rt,C V -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Ordinance No. 579, an Ordinance setting sewer rates effective April 1, 1996 was introduced at the April 22, 1996 Council meeting. At this time, Ordinance No. 579 is presented for final consideration and adoption. al • 7/1z Mary E. arek, Interim Finance Coordinator IIIKCOMMENDATION: ORDINANCE NO. 579 • • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AUTHORIZING THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW TO SET SEWER RATES EFFECTIVE APRIL 1, 1996 The City Council of the City of Mounds View does hereby ordain: SECTION I. The Mounds View City Council has determined that it is in the best interest of the City to insure sufficient funding to cover operations and treatment costs in the Sewer Fund. SECTION II. The Utility Billing Clerk shall quarterly prepare a bill based on the rates established for each property class by Council and in accordance with existing Mounds View policy. Sewer rates shall be set at$45.50/REC (residential equivalent connections)per quarter. SECTION III. This ordinance shall take effect thirty days after,the date of its _ _ , s publication, and be retroactive to April 1, 1996. Introduced and read by the City Council of the City of Mounds View on April 22, 1996. Read and passed by the City Council of the City of Mounds View this day of May, 1996. ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR APPROVED AS TO FORM: CITY ATTORNEY . OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11L I STAFF REPORT Report Number:96-1719C 01 �U DS Report Date: 5/9/96 COUNCIL MEETING DATE _ Special Order of Bus. (�� '� May 13. 1996 '— Consent Agenda -Ar "es, -Partnets�`es g Public Hearings • X Council Business Item Description: Consideration of Mounds View's Participation in the North Metro 35W Corridor Coalition Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Over the past six months representatives from the Cities of Arden Hills,New Brighton, Roseville and Shoreview have been meeting to discuss the possiblity.of developing a more cooperative planning and economic development partnership for the I-35W Corridor in the North Metro. So far the group has identified a number of common issues and goals including the following: ♦ Transportation -there is a need to work cooperatively with MnDot and the Met Council in planning for transportation improvements and mass transit needs along 35W. • Community Development Block Grants -work together to ensure that Ramsey County Policies for distribution of CDBG and Home funds are equitable. ♦ Marketing- look at developing a joint marketing program among the Cities to attract and retain industrial and commercial tax base and employment. ♦ Housing-provide affordable and life-cycle housing opportunities in the Corridor to jointly respond to the Metropolitan Livable Communities Act goals and objectives and jointly apply for funds for projects that benefit the entire corridor region. • Information Sharing-using GIS and the Internet technology to share information and formulate consistent and cooperative policies. An important element to the success of the group is to gain the support of each Council. Therefore, a resolution has been prepared for Council's consideration. It is imperative that every City agrees that there is much more power in acting as a coordinated coalition vs. attempting to apply for funds or lobby for projects on our own. gconomicge. elopment Coordinator RECOMMENDATION: Approve\Deny Resolution No. 4951 Supporting Cooperative Participation in the North Metro 35W Corridor Coalition RESOLUTION NO. 4951 CITY OF MOUNDS VIEW I COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING COOPERATIVE PARTICIPATION IN THE NORTH METRO 35W CORRIDOR COALITION WHEREAS, the Cities of Arden Hills, Mounds View,New Brighton, Roseville and Shoreview(35W Corridor Cities) directly border the Northern Metro Section of Interstate 35W; and WHEREAS, Interstate 35W Corridor is seen as a key area for future commercial\industrial development, housing, transportation and infrastructure improvements; and WHEREAS, partnerships and collaborative efforts between the 35W Corridor Cities will produce numerous benefits regarding future development and transportation improvements; and WHEREAS, coming together as a whole vs. individually will benefit the 35W corridor when applying for financial assistance or lobbying`for projects; and ' WHEREAS, Council Members, Administrators and Development Staff of the 35W Corridor Cities believe that a strategic alliance is an innovative approach that will enable a more regional and productive marketing and development of the 35W Corridor in a time when public resources are limited. NOW THEREFORE BE IT RESOLVED that the Mounds View City Council, in and for the City of Mounds View, hereby supports the participation in the North Metro 35W Corridor Coalition in conjunction with the communities of Arden Hills,New Brighton, Roseville and Shoreview; and BE IT FURTHER RESOLVED that Administrators and Development Staff keep the Council informed of the efforts and proposed projects of the North Metro 35W Corridor Coalition to ensure that all communities are working toward common goals. Adopted this 5th day of June, 1995. ATTEST: President • (SEAL) Executive Director _ cm oF REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11M STAFF REPORT Report Number:96-1720C CMS S Report Date: 5/9/96 • 1. COUNCIL MEETING DATE —. oSpecial Order of Bus. May 13, 1996 — Consent Agenda B�jJ'PartnetQS Public Hearings Council Business Item Description: Consideration of Introduction of Ordinance No. 582 Amending the Mounds View Municipal Code Section 502.04, Subdivision 2 (c) entitled Intoxicating Liquor,Eligibility Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The current Liquor License Requirements under Section 502.04, Subdivision 2(c) of Mounds View Municipal Code entitled Intoxicating Liquor, Eligibility for License, states that"No license shall be granted for any premises within five hundred feet (500') of the property line of any school or church located in Mounds View." Currently this restricts all of the businesses in Mounds View Square from being eligible for a liquor license due to its proximity to the Sunrise Christian Daycare/Church located at 2520 County Road I. fiCs you know, Paster Enterprises is working to lease the Bridgeman's site for a restaurant use. They are now orking with three possible tenants all of whom are requesting a liquor license. The potential tenants include a Steakhouse, Fine Dining Restaurant, and Sports Bar/Restaurant. There are letters of intent from all of these possible restaurants contingent upon securing a liquor licence. If the Council wishes to pursue such a use at this location there is a need to amend Section 502.04 of the Liquor Code. City attorney Bob Long has drafted an amendment which would allow a license to be issued withing 50' of the propery line of a school or chuch only for those properties that abut Highway 10 between Long Lake Road and Silver Lake Road. In addition, the amendment requires that the licensed premise must receive at lease 60% of its annual gross sales revenue from the sale of food and prove this true on an annual basis to enable them to renew the license. I spoke with the Church Paster at Sunrise Methodist and he would like to annouce the proposed change to his congregation. His personal concern would be in relation to the many youth activities at the Church. A public hearing on this code change will be scheduled for May 28, 1996 if approved tonight. &_ ge v‘...-,..2 'tit— ,Econom61-11 c e4elopment Coordinator •RECOMMENDATION: Approve\Deny the formal introduction of Ordinance No. 582 Amending the Mounds View Municipal Code Section 502.04 Sub 2 (c) Intoxicating Liquor, Eligibility ORDINANCE NO. 582 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO INTOXICATING LIQUOR LICENSES AND AMENDING CHAPTER 502, SECTION 502.04, SUBDIVISION 2 OF THE MOUNDS VIEW MUNICIPAL CODE THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 502.04, Subdivision 2, of the Mounds View Municipal Code is amended to read: Subd. 2. Places Ineligible for License: a. No license shall be issued to a drugstore until is has operated continuously for two (2) years prior to the application. b. No license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the municipality are delinquent or unpaid. • c. No license shall be granted for any premises within five hundred feet (500') of the property line of any school or church located in Mounds View- except that a license may be granted for any premises within fifty feet (50') of the property line of an, school or church if the property line of the licensed premises abuts Highway 10 between Long Lake Road and Silver Lake Road within the City of Mounds View and the licensed premises receives at least sixty percent (60%) of its annual Gross sales revenue from the sale of food. The licensee must provide evidence to the City on an annual basis as part of the license renewal process that the licensee has complied with the minimum sixty percent (60%) food sales requirement of this section. Failure to comply with the minimum sixty percent (60%) food sales requirement of this section shall be cause for suspension, revocation or denial of renewal of this license. d. No license shall be issued for any premises owned by a person to whom a license may not be granted under this Chapter or an owner who is a minor, alien or a person who has been convicted of a crime other than a violation of Minnesota Statutes 340.07 to 340.40. e. No license shall be granted for any place, except an exclusive liquor store, for which a license of another class has been granted under this Chapter. (1988 Code 100.07). Read by the City Council of the City of Mounds View this 13th day of May, 1996. •Read and passed by the City Council of Mounds View this_ day of , 1996. ORDINANCE NO. 582 PAGE TWO OF TWO (SEAL) Mayor (ATTEST) Clerk-Administrator Approved As To Form: City Attorney • •