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HomeMy WebLinkAboutAgenda Packets - 2012/08/27 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, August 27, 2012 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation of Two “Festival in the Park” Car Show Trophies 7. COUNCIL BUSINESS A. 7:05pm Public Hearing, Second Reading and Adoption of Ordinance 874, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View B. 7:10pm Public Hearing, Second Reading and Adoption of Ordinance 873, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View C. 7:15pm Public Hearing, Resolution 7984, a Conditional Use Permit for Tires n More, a Tire and Auto Repair Business located at 2832 County Road I D. Resolution 7977 Authorizing Certification of the Preliminary General Fund Budget and Property Tax Levy for Fiscal Year 2013 E. Resolution 7983 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2013 F. Resolution 7987 Approving a Legal Services Agreement with Kennedy & Graven G. Resolution 7986, Authorizing Automatic Systems Company to Replace Variable Frequency Drives in Water Booster Station H. Second Reading and Adoption of Ordinance 848, a Rezoning to PUD, Planned Unit Development, for the Coventry Senior Living Development (ROLL CALL VOTE) I. Second Reading and Adoption of Ordinance 858, Easement Vacations for the Coventry Senior Living Development (ROLL CALL VOTE) City Council Agenda Monday, August 27, 2012 Page 2 8. CONSENT AGENDA 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 9, 2012, City Council Minutes B. July 23, 2012, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: TUESDAY, September 4, 2012, at 7pm Next Council Meeting: Monday, September 10, 2012, at 7pm 13. ADJOURNMENT Item No: 7.A. Meeting Date: August 27, 2012 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 873, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View Attached is an ordinance to receive a second reading and adoption. The first reading and introduction occurred at the August 13, 2012 City Council meeting. A notice of the Public Hearing was published in the August 9, 2012 edition of the Sun Focus. This ordinance continues the agreement with Xcel Energy under which Xcel Energy will collect a franchise fee in the amount of 4% of Xcel’s electric and natural gas gross operating revenues for services within the City of Mounds View during the year 2013. Ordinances 517 and 518 passed on October 13, 1992 originally enacted the franchise agreement. It provides that the City may impose a franchise fee of not more than 4% of Xcel’s gross operating revenues at any time during the 20-year term of the franchise. The 20-year term runs from 1993 through December 21, 2012 and the franchise fee was first collected in 1993. It has been the practice to include a sunset provision in the ordinance that requires it to be re-enacted each year. Upon adoption it will then be published in the Sun Focus and take effect as provided in the ordinance. Staff would request that a summary ordinance be published with the complete ordinance available on-line and at City Hall. Respectfully Submitted, Mark Beer ORDINANCE NO. 873 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the Franchise Agreements (“Franchise Agreements”) between the City of Mounds View (the “City”) and Xcel Energy (formerly Northern States Power Company), a franchise fee of not more than four (4.0) percent of Xcel Energy’s gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat, power and import, transport, sell and distribute natural gas for heating, illuminating and other purposes as outlined in Section 2 of Ordinance Nos. 517 and 518. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy under its electric and natural gas Franchise Agreements in the amount of four percent (4%) of Xcel Energy’s gross revenues, as defined in Section 4.2 of the Franchise Agreements, commencing with Xcel Energy’s January 2013 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4 of the Franchise Agreements. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make each payment when due and shall monthly furnish a complete and correct statement of gross revenues for said month. Xcel Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreements. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2013. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 13th day of August, 2012. Read and passed by the City Council of the City of Mounds View this 27th day of August, 2012. Publication Date: September 6, 2012 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 873 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS On August 27, 2012, the Mounds View City Council adopted an ordinance which continues a 4% franchise fee on Xcel Energy electric and natural gas operations within the City of Mounds View for the year 2013. This ordinance will sunset on December 31, 2013. A copy of Ordinance 873 is on file and available for public viewing at the office of the Clerk-Administrator. The ordinance is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. __________________________________ Jim Ericson, City Administrator Item No: 7.B. Meeting Date: August 27, 2012 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 874, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View Attached is an ordinance to receive a second reading and adoption. The first reading and introduction occurred at the August 13, 2012 City Council meeting. A notice of the Public Hearing was published in the August 9, 2012 edition of the Sun Focus. This ordinance continues the agreement with Center Point Energy under which Center Point Energy will collect a franchise fee in the amount of 4% of Center Point’s natural gas gross operating revenues for services within the City of Mounds View during the year 2013. Ordinance 625 passed on June 28, 1999 originally enacted the franchise agreement. It provides that the City may impose a franchise fee of not more than 4% of Center Point’s gross operating revenues at any time through July 1, 2019. The franchise fee was first collected in 2001. It has been the practice to include a sunset provision in the ordinance requiring it to be re-enacted each year. Franchise fees collected under this agreement are minimal due to Center Point Energy’s small customer base within the City of Mounds View. It will be published in the Sun Focus and take effect as provided in the ordinance after publication. Staff would request that a summary ordinance be published with the complete ordinance available on-line and at City Hall. Respectfully Submitted, Mark Beer ORDINANCE NO. 874 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Center Point Energy (formerly Reliant, formerly Minnegasco), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Center Point Energy under its natural gas Franchise Agreements in the amount of four percent (4%) of Center Point Energy’s gross revenues, as defined in Section 4.1 of the Franchise Agreements commencing with Center Point Energy’s January 2013 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Center Point Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Center Point Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Center Point Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2013. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 13th day of August, 2012. Read and passed by the City Council of the City of Mounds View this 27th day of August, 2012. Publication Date: September 6, 2012 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ Jim Ericson, City Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 874 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW On August 27, 2012, the Mounds View City Council adopted an ordinance which continues a 4% franchise fee on Center Point Energy natural gas operations within the City of Mounds View for the year 2013. The ordinance will sunset on December 31, 2013. A copy of Ordinance 874 is on file and available for public viewing at the office of the Clerk-Administrator. The ordinance is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. __________________________________ Jim Ericson, City Clerk-Administrator Item No: 7C Meeting Date: August 27, 2012 Type of Business: Public Hearing Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing – Resolution 7984, Consideration of a Conditional Use Permit for a Retail Tire Store and Light Auto Repair Business at 2832 County Road 10; Planning Case CU2012-001 Introduction: The applicant, Naoufel Soussi with Tires N’ More, is requesting approval of a conditional use permit to operate a retail tire store and auto repair business at 2832 County Road 10. This property is zoned B-3, Highway Business. The applicant has purchased the former “PAK Building” and is planning to open another location of his tire store business in Mounds View. Requirements: Section 1125.01, Subd. 1e: The Planning Commission is required to review the possible adverse effects of the requested conditional use. Section 1125.01, Subd. 1g: which states that the Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of the Zoning Code and forward such findings to the City Council. Chapter 1114: B-3, Highway Business District Section 1114.04: Conditional Uses: Subd. 3. Motor fuel station, auto repair, minor and tire battery stores and service; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. c. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. d. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. Tires N’ More CUP Report August 27, 2012 Page 2 e. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. f. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. j. Each light standard island and all islands in the parking lot shall be landscaped or covered. k. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code. n. Provisions are made to control and reduce noise. o. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. p. No outside sale or service except as allowed in compliance with subdivision 5 of this Section shall exist. q. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. s. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Tires N’ More CUP Report August 27, 2012 Page 3 Discussion: Naoufel Soussi has purchased the building at 2832 County Road 10 (commonly known as “the PAK building”) and plans to open a retail tire store that also offers light automotive repairs. Mr. Soussi’s family has owned tire stores since 1998, and the Mounds View store will be their fourth location in the metro area. The building was built in 1965 and has been vacant for over eight years. It was most recently used for a welding and cutting business (The PAK Company) and sales and leasing for a commercial laundry distributor. 2832 County Road 10 is a concrete block, one-story building with a sales/office area in the front and an open workshop area in the rear with two garage doors on the back wall. The applicant plans to open a store named “Tires N’ More” that primarily sells and installs tires, but also offers some minor auto repair services, such as oil changes and brake replacements. The Conditional Use Permit will remain in effect indefinitely so long as there are no changes to the operation and there have been no problems or reasons which would warrant the City Council to re- examine the CUP. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission and City Council review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each potential adverse effect is addressed below. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages existing businesses to remain in the city along with the introduction of new businesses within Mounds View when compatible with surrounding uses. 2832 County Road 10 is zoned B-3, Highway Business, and is surrounded by commercial and residential zoning designations and land uses. If the requested conditional use permit were approved, this CUP would be in line with the Comp Plan “Community Commercial” land use designation for this site. The Future Land Use Map planned for the potential redevelopment of this site, along with some of the adjacent properties to the west, and as such, designates this property as a general Mixed Use-PUD. The Location and Character of the Surrounding Area. The property is located on County Road 10, mid-block between Groveland Road and Silver Lake Road. CVS Pharmacy is on the south side and on the north side there is a small commercial building that leases space to a liquor store and the other half is vacant. Steve’s Appliance store and a few residential homes are across County Road 10. There are residential properties abutting this property along the west side. All of the traffic for this business will be using County Road 10 for access. This property has been a commercial or light industrial use since it was built in 1965. Since the business is on County Road 10, and both neighboring properties are also a commercial use, the proposed tire store and auto repair business should not be out of place in this location. Depreciation. The building has been vacant and unmaintained for several years. The applicant has repainted the building and will be doing more improvements to the property, including adding new screening along the west side of the property where the residential homes are. The new retail tire store should result in little, if any, adverse effect upon the surrounding area. Tires N’ More CUP Report August 27, 2012 Page 4 The Demonstrated Need for Such a Use. The applicant is proposing a retail tire store that also may offer some auto repair services. There are two other businesses in the city that offer auto repair services (35W Auto Repair and Pat’s Muffler), and no other businesses that sell only tires. The proposed Tires N’ More business will primarily focus on the sale of tires and wheels and the installation services for them. Since there are no businesses in Mounds View that specialize in tire sales and installations, that could presumably mean that this service is needed in the city. Summary: The parking requirements are met as 19 parking spaces are required and a submitted site plan shows there is room for 59 spaces. The lot meets the minimum size and square footage requirements. Water runoff from the site will drain to the stormwater pond on the south side of the property. This pond was built to accommodate drainage for both the applicant’s lot and CVS. The Planning Commission reviewed this request on August 15, 2012 and voted 5-0 (Stevenson and Smith absent) to recommend approval. Staff recommends approval of this conditional use permit. Recommendations: After taking testimony from staff and the property owner, the City Council can take one of the following actions related to the request: 1. Approve the conditional use permit. Resolution 7984 is attached if the Council chooses this action. 2. Deny the conditional use permit. If the City Council selects this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Because of 60-day requirements, the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Aerial Views 4. Comprehensive Plan Existing Land Use Map 5. Comprehensive Plan Future Land Use Map 6. Resolution 7984 7. Properties not bearing a designation are zoned R-1, Single Family Residential Zoning Map CVS ABC Liquor /vacant Aerial View Aerial View Comprehensive Plan – Existing Land Use Map 2832 Cty Rd 10 Comprehensive Plan – Future Land Use Map 2832 Cty Rd 10 RESOLUTION NO. 7984 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TIRE AND MINOR AUTO REPAIR STORE AT 2832 COUNTY ROAD 10; PLANNING CASE CU2012-001 WHEREAS, Naoufel Soussi with Tires N’ More, has applied for a conditional use permit to operate a tire and minor auto repair store at 2832 County Road 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and is legally described as follows: Lot 1, Block 1, Velmeir CVS Addition, Ramsey County, Minnesota PIN 06-30-23-34-0086 and 06-30-23-34-0089 WHEREAS, the Mounds View Zoning Code conditionally allows minor auto repair and tire and battery stores and services in B-3 and higher zoning districts; and, WHEREAS, the Planning Commission and City Council have reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial Views 3. Comprehensive Plan Existing and Future Land Use Maps 4. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed tire and minor auto repair store meets the requirements as outlined in Chapters 1114 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the tire and minor auto repair store use is consistent with the Community Commercial land use designations for this area. 3. The proposed tire and minor auto repair store would not be out of place given it is located on County Road 10, which is the main commercial corridor in the City. 4. The proposed tire and minor auto repair store is located on County Road 10, adjacent to several other commercial businesses, and should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists. Resolution 7984 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council recommends approval of the conditional use permit for the tire and minor auto repair store, with conditions as follows: 1. The applicant must install a parking lot with the minimum required number of parking spaces and curbing. The parking lot construction may be done in phases, but must be completed by September 1, 2013. If required, a permit from Rice Creek Watershed District must be approved before the City will issue a permit for the parking lot construction. 2. The applicant must install a minimum six foot tall privacy fence along the west side of the property to provide screening for the adjacent residentially zoned properties. The privacy fence must be installed by September 1, 2013. 3. The applicant must receive a satisfactory inspection report and comply with all orders from the Mounds View Fire Marshal. 4. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the City Administrator or the City Council. NOW THEREFORE, BE IT FINALLY RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. Adopted this 27th day of August, 2012. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) 08/16/2012 2:02 PM City of Mounds View 2013 Budget Summary Y-T-D 2009 2010 2011 2012 07/31/2012 2013 Change from 2012 General Fund:Actual Actual Actual Budget Actual Request Dollar Percent Revenues: Property taxes - Base levy 3,105,868 3,000,707 3,135,624 3,367,610 1,982,649 3,325,809 (41,801) -1.24% Special tax levies, Bonds 158,895 154,606 93,885 93,734 - 144,627 50,893 54.30% Special tax levies, Operations 241,822 242,704 235,145 229,145 - 220,145 (9,000) -3.93% Franchise tax 235,002 225,581 241,289 253,000 97,716 253,000 - 0.00% Other taxes 102,284 81,975 221,001 45,000 8,042 30,000 (15,000) -33.33% Hotel/motel tax 43,835 51,002 53,516 51,000 25,877 53,000 2,000 3.92% Licenses and permits 175,816 129,834 172,841 182,260 83,656 180,492 (1,768) -0.97% Intergovernmental 816,717 570,267 575,178 326,671 283,763 349,671 23,000 7.04% Charges for services 23,302 41,570 20,533 18,565 10,966 18,715 150 0.81% Fines & forfeitures 29,819 26,107 39,970 26,300 28,183 31,300 5,000 19.01% Interest 96,267 75,421 224,063 195,000 (56,519) 193,000 (2,000) -1.03% Miscellaneous 124,176 305,000 241,507 227,018 214,568 235,002 7,984 3.52% Transfers:- 0.00% Special Projects Fund - - - 90,000 - 45,000 (45,000) -50.00% Police Grants Fund - - 12,531 - - - - 0.00% DARE Fund 4,393 4,393 3,000 - - - - 0.00% Water Fund 59,859 61,655 63,505 65,410 - 67,372 1,962 3.00% Sewer Fund 47,411 48,833 50,298 51,807 - 53,361 1,554 3.00% Storm Water Fund - - - 6,756 - 6,959 203 3.00% Street Light Fund 2,122 2,186 2,252 2,320 - 2,390 70 3.02% Levy Reduction Fund 249,315 250,000 6,472,060 - - - - 0.00% Vehicle & Equipment Fund 44,000 13,319 175,142 11,340 - 28,567 17,227 151.91% Bond sales - - 235,116 - - - - 0.00% Total revenues 5,560,903 5,285,160 12,268,456 5,242,936 2,678,901 5,238,410 (4,526) -0.09% Expenditures: Legislative Services: City Council 44,343 42,286 43,734 48,125 28,160 48,216 91 0.19% Advisory Commissions 9,575 7,079 4,877 10,650 756 10,150 (500) -4.69% Subtotal 53,918 49,365 48,611 58,775 28,916 58,366 (409) -0.70% Administrative Services: City Administrator 214,640 207,729 212,775 232,914 127,681 236,430 3,516 1.51% Elections 11,851 37,783 15,680 36,500 18,250 20,000 (16,500) -45.21% Finance 238,674 237,848 243,859 240,192 137,642 244,573 4,381 1.82% Central Services 193,815 197,045 190,839 218,251 91,127 234,976 16,725 7.66% Subtotal 658,980 680,405 663,153 727,857 374,700 735,979 8,122 1.12% Community Development 439,112 435,777 384,920 346,454 173,068 354,730 8,276 2.39% Police 2,276,827 2,179,150 2,282,169 2,373,986 1,344,053 2,485,404 111,418 4.69% Fire 318,765 332,068 531,728 463,132 348,797 458,093 (5,039) -1.09% Public Works Administration 106,794 111,755 120,094 129,153 69,354 130,685 1,532 1.19% Parks, Recreation & Forestry: Recreation 108,647 102,108 103,626 107,200 71,582 107,200 - 0.00% Parks 310,388 296,789 298,550 307,626 182,799 317,431 9,805 3.19% Forestry 50,496 34,385 53,650 55,000 33,914 78,500 23,500 42.73% Subtotal 469,531 433,282 455,826 469,826 288,295 503,131 33,305 7.09% Fleet Services: Building & Grounds Mtnce 132,439 119,776 133,369 129,958 67,212 133,290 3,332 2.56% Vehicle & Equipment Mtnce 84,828 89,560 94,490 84,390 47,164 93,687 9,297 11.02% Subtotal 217,267 209,336 227,859 214,348 114,376 226,977 12,629 5.89% Streets: Pavement Management 211,452 193,426 330,377 196,599 99,511 211,418 14,819 7.54% Snow & Ice Control 121,874 126,453 113,452 123,533 62,139 125,905 2,372 1.92% Sign Maintenance 35,321 32,371 32,308 37,629 20,098 39,470 1,841 4.89% Subtotal 368,647 352,250 476,137 357,761 181,748 376,793 19,032 5.32% Other Convention & Visitor's Bureau 40,171 48,452 50,840 48,450 19,796 50,350 1,900 3.92% Social Service Coordination 18,926 18,661 18,661 19,221 19,221 19,548 327 1.70% Miscellaneous/contingency 6,263 3,944 3,274 6,500 1,943 6,500 - 0.00% Transfers to other funds 335,000 220,000 245,000 245,000 - 260,000 15,000 6.12% Debt service - Fire Bonds 149,283 147,195 86,841 - - - - 0.00% Subtotal 549,643 438,252 404,616 319,171 40,960 336,398 17,227 5.40% Total expenditures 5,459,484 5,221,640 5,595,113 5,460,463 2,964,267 5,666,556 206,093 3.77% Net change in fund balance 101,419 63,520 6,673,343 (217,527) (285,366) (428,146) (210,619) Beginning Fund Balance 2,655,097 2,756,516 2,820,036 9,493,378 9,493,378 9,275,851 Ending Fund Balance 2,756,516 2,820,036 9,493,378 9,275,851 9,208,012 8,847,705 (210,619) Item No: 7.D. Meeting Date: August 27, 2012 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7977 Authorizing Certification of the Preliminary General Fund Budget and Property Tax Levy for Fiscal Year 2013 State law requires that the City certify a preliminary 2013 General Fund Budget and preliminary 2013 property tax levy to Ramsey County by September 15. The City Council reviewed the General Fund budget at the July and August work session. The City Council directed staff to maintain the tax levy at the current level. The state has certified LGA for 2013 at the same level as 2012 and the City Council has directed staff to not budget for LGA due to budget constraints at the state. The base General Fund levy would be $3,325,809 and special levies for Fire Debt Service of $144,627, police personnel referendum of $181,000, PERA rate increase special levy of $39,145 for a total General Fund levy of $3,690,581. The base levy for the Street Improvement fund would be $300,000. The 2004 Improvement Bond Debt Service Fund has a special levy of $190,800. The total of all base and special levies proposed is $4,181,381, no increase over 2012. No Levy Increase 2012 Home 2012 2013 Home 2013 Taxable City Taxable City Value Tax Value Tax Difference $ 96,218 470.44 $ 89,129 448.28 $ (22.16) 120,272 588.05 111,411 560.34 (27.70) 144,327 705.66 133,693 672.41 (33.24) 149,477 730.84 138,464 696.41 (34.43) 168,381 823.27 155,975 784.48 (38.78) 192,436 940.88 178,257 896.55 (44.32) Once this amount is set, the levy can not be increased. The final levy will be adopted on or about December 10, 2012 along with the General Fund budget and the other City funds budgets. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7977 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Authorizing Certification of the Preliminary General Fund Budget and Property Tax Levy for Fiscal Year 2013 WHEREAS, current state statute requires cities to certify a preliminary budget and tax levy to the county auditor; and, WHEREAS, guidelines established by the Commissioner of Revenue require certification to occur on or before September 15, 2012; and WHEREAS, the Department of Revenue has certified the amount of Local Government Aid payable to the City in 2013; and WHEREAS, the City Council has elected to have no preliminary levy increase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the preliminary budget for the General Fund for fiscal year 2013 is $5,666,556. BE IT FURTHER RESOLVED that the proposed 2013 base property tax levy is $3,625,809 (General Fund $3,325,809 and Street Improvement Fund $300,000) and the proposed 2013 special levies are $555,572 for a total net property tax levy of $4,181,381. BE IT FURTHER RESOLVED that the Finance Director shall certify these amounts to the Ramsey County Auditor. Adopted this 27th Day of August 2012. ______________________________ Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, City Administrator (SEAL) Item No: 7.E Meeting Date: August 27, 2012 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7983 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2013 The Truth in Taxation meeting is an opportunity for residents and businesses to comment on the City’s property tax levy for the subsequent year. Cities are required to hold this meeting and the public must be allowed to comment on the levy. The State has reserved Monday, December 3, 2012 and Monday, December 10, 2012 for use by cities. Cities may select other days if they wish, but then must work around dates selected by counties, school districts, and special districts that were given priority for those dates by the State. Staff recommends that since the Mounds View City Council normally meets on Mondays, that the initial Truth in Taxation hearing be held on Monday, December 3, 2012 and that the continuation hearing, if needed, be held on Monday, December 10, 2012. The continuation hearing may be part of the regular City Council meeting on Monday, December 10, 2012. Final adoption of the a budget and property tax levy for 2013 may happen at the regular City Council meeting on Monday, December 10, 2012. The attached resolution establishes December 3, 2012 and December 10, 2012 as the dates for the Truth in Taxation hearings. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7983 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2013 WHEREAS, the City is required to hold a truth in taxation hearing under the truth in taxation laws, as part of the budget process to adopt its final General Fund Budget and Property Tax Levy for fiscal year 2013; and, WHEREAS, the City Council would like to provide an opportunity for public comment at a hearing on the 2013 General Fund Budget and Property Tax Levy; and WHEREAS, the City Council must select dates for an initial hearing and a continuation hearing; and WHEREAS, certification of the hearing dates to the Ramsey County Auditor must occur on or before September 15. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that the initial Truth in Taxation hearing will be held on Monday, December 3, 2012 at 6:00 p.m. at the Mounds View City Hall. BE IT FURTHER RESOLVED that the continuation Truth in Taxation hearing, if needed, will be held as part of the regular City Council meeting on Monday, December 10, 2012 at 7:05 p.m. at the Mounds View City Hall. BE IT FURTHER RESOLVED that the adoption of the final General Fund Budget and Property Tax Levy for fiscal year 2013 may occur as part of the regular City Council meeting on Monday, December 10, 2012 at 7:05 p.m. at the Mounds View City Hall. BE IT FURTHER RESOLVED that the Finance Director shall certify these dates to the Ramsey County Auditor. Adopted this 27th Day of August 2012. ______________________________ Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, City Administrator (SEAL) Item No:7H Meeting Date: August 27, 2012 Type of Business: ROLL CALL VOTE Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 848, Rezoning three properties to a PUD, for the proposed “Coventry Senior Living” Development on County Road 10; Planning Case MU2010-001 (ROLL CALL VOTE) Introduction: Coventry Senior Living, represented by Greg Johnson, has submitted a planning application for a 95-unit senior housing development on three lots at 2340 County Road 10 (“The Car Wash”) and the two adjacent vacant lots to the southwest. The building would have 18 independent living units, 45 assisted living units, 16 high-acuity units, and 16 memory care units. The developer/applicant has purchase agreements to buy the properties. Background: The development site includes three parcels with an area totaling approximately 2.18 acres. County Highway 10 runs along the northeast side and O’Connell Drive runs along the southwest side of the site. The three parcels involved have mixed zoning designations - 2320 and 2340 County Road 10 are zoned B-3, Highway Business, and 5260 O’Connell Drive is zoned R-1, Single-Family Residential. 2340 County Road 10 currently has a self-serve car wash on the site, and the other two parcels are vacant. The immediate area consists of single-family homes, an apartment building, the vacant commercial “Premium Stop” lot, and directly across County Road 10 is the Rydell Group Auto Outlet. REZONING DISCUSSION: The applicant is requesting to rezone the properties located at 2320 and 2340 County Highway 10 (B-3 Highway Business) and 5260 O’Connell Drive (R-1 Single Family). At over two acres, this project qualifies to rezone to a Planned Unit Development for senior housing. Rezoning Criteria: Chapter 1125 of the Mounds View Zoning Code addresses rezoning requests. The procedure and conditions of approval are the same as for conditional use permits, which means the Planning Commission is to consider possible and potential adverse effects of the requested rezoning. The Planning Commission shall make findings of fact and make a recommendation to the City Council based upon the review of potential adverse effects and the findings of fact. Relationship to the Comprehensive Plan: According to the Comprehensive Plan, the City has designated the area as Mixed-Use PUD, planned unit development. This is defined as land containing a building or buildings with significant amounts of residential uses in combination with commercial and/or office uses. By using the Mixed-Use PUD designation in the Comprehensive Plan, the City has more options for the allowed uses.. Sites with this designation could be developed as planned unit developments (PUD) to allow flexibility if the project meets the PUD criteria. An important component of the Coventry Senior Living Staff Report August 27, 2012 Page 2 Comprehensive Plan, the Housing Element, has goals and policies toward maintaining and improving the quality and diversity of the existing housing stock and providing infill-housing opportunities where both possible and practical. The proposed project would help promote a greater diversity of housing choices in the City, and help the City meet its housing goals as required by the Metropolitan Council. Geographical Area: The subject area proposed for redevelopment currently consists of a car wash and two vacant lots. Adjacent on the northwest end (5284 Greenfield) is a 17-unit apartment building, and the city- owned vacant “Premium Stop” site. The properties to the southwest of the subject parcels are zoned R-1, single family residential, and are developed as such. The City expects the owners of the five single-family homes south of this development site that front County Highway 10 to redevelop their properties in the future (2310 County Highway 10 is scheduled for demolition in August). Directly across County Highway 10 is the Saturn/Motor Trend auto dealership. County Highway 10 properties tend to be developed with more intense land uses, whether commercial or residential, than in other parts of the city. Depreciation: The question of depreciation is a difficult one to answer with any quantifiable certainty. Most studies that examine property value impacts of development generally find little correlation between a well designed project and subsequent property values. While property values may not depreciate as a result of the development, one can argue that quality of life for the existing residents that would be adjacent to the project could be impacted. From the perspective of tax base and market values, the rezoning would promote a substantial increase in market value at the site, increasing from the present approximate valuation of $819,800 to an estimated $12,000,000. Demonstrated Need for Such a Use: The applicant wants the City to rezone the properties to allow for senior housing. This type of housing is under-represented in the City’s housing demographic, and is in high demand state- wide. The primary housing option now in the City is single family detached with higher-density rental housing and manufactured homes second and third respectively. There are currently three senior housing buildings in Mounds View, but none offer assisted living or memory care units. The research done by Select Senior Living has shown there is a need for this type of senior housing in the city. The requested rezoning to PUD would not be out of character for the County Highway 10 corridor and would not be inconsistent with the Comprehensive Plan. Most of the commercial and light industrial property along County Highway 10 that is south of this site is zoned PUD. The City has anticipated a mix of housing and commercial / office development in this area. The proposed development that would be permitted via the requested rezoning would increase the market value of the subject area from $819,800 to over $12,000,000. While enhanced market value is desirable, the Council needs to determine if the potential use allowed by the proposed change would be appropriate for the subject area. It is the belief of the applicant that this type of housing is in demand and that it would be a positive addition to the City’s housing stock and to the City as a whole. Coventry Senior Living Staff Report August 27, 2012 Page 3 Recommendation: Staff recommends Council approval of Ordinance 848. Action on the ordinance is by a roll call vote of the Council. Staff also recommends the Council consent to the publication of a summary of the ordinance as authorized by City Charter section 3.07. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Comprehensive Plan Future Land Use Map 3. Aerial View 4. Narrative from the applicant 5. Site Layout 6. Ordinance 848 7. Ordinance 848 Summary Zoning Map Wetlands * Properties not indicated with a designation are zoned R-1, Single Family Residential Comp Plan Future Land Use Map Project area is designated as “Mixed Use PUD” Aerial View Narrative from Applicant Site Plan ORDINANCE 848 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE APPROVING THE REZONING OF 2.18 ACRES OF LAND AT 2320 & 2340 COUNTY HIGHWAY 10 AND 5260 O’CONNELL DRIVE TO PUD, PLANNED UNIT DEVELOPMENT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings” is hereby amended to include reference to the following Ordinance 848. Subdivision 1. Purpose. The Mounds View City Council has determined that to further economic development and organized land use controls that the present zoning classification of certain parcels should be reclassified to allow for a comprehensive redevelopment of the identified parcels consistent with the Mounds View Comprehensive Plan. Subdivision 2. The Mounds View City Council has determined that there would be no adverse effects to adjoining properties resulting from the rezoning and that the rezoning would not be detrimental to the community at large. Subdivision 3. Accordingly, the Mounds View City Council approves the rezoning and directs that the City’s official Zoning Map and the zoning classification for the following described parcel be amended as follows: Parcel Address Existing Zoning Designation New Zoning Designation 2320 County Highway 10 PID 08-30-23-31-0070 B-3 PUD 2340 County Highway 10 PID 08-30-23-31-0069 B-3 PUD 5260 O’Connell Drive PID 08-30-23-31-0061 R-1 PUD and as shown on the map attached Exhibit A. Ordinance 848 Page 2 SECTION 2. This ordinance takes effect 30 days after its publication in the official City newspaper. PUBLIC HEARING, INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 9th day of August, 2010. SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 27th day of August, 2012. PUBLICATION DATE: September 6, 2012 _______________________________________ Joe Flaherty, Mayor ATTEST _______________________________________ James Ericson, City Administrator (SEAL) Exhibit A. ORDINANCE SUMMARY ORDINANCE NO. 848 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE APPROVING THE REZONING OF 2.18 ACRES OF LAND AT 2320 & 2340 COUNTY HIGHWAY 10 AND 5260 O’CONNELL DRIVE TO PUD, PLANNED UNIT DEVELOPMENT On August 27, 2012, the City Council adopted Ordinance 848 that rezones the parcels at 2320 & 2340 County Road 10 from B-3, Highway Business, and 5260 O’Connell Drive from R-1, Single Family Residential, to PUD, Planned Unit Development. The City Council has approved this PUD site for the use of senior housing. The three properties will be re-platted and combined into one parcel for the Coventry Senior Living housing development. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. A printed copy of the ordinance is available for inspection during regular business hours at the Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds- view.mn.us. ________________________________ James Ericson City Administrator Item No: 7I Meeting Date: August 27, 2012 Type of Business: ROLL CALL VOTE Administrator Review : ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 858, an Ordinance Approving the Vacation of Drainage & Utility and Water Main Easements on 2320 County Road 10 and 5260 O’Connell Drive, as part of the Coventry Senior Living Development (ROLL CALL VOTE) Introduction: A developer, Coventry Senior Living, plans to construct a 95-unit senior housing building on three parcels, 2320-2340 County Road 10 and 5260 O’Connell Drive. There are several existing easements on two of the parcels. To simplify the easements and since the developer/owner will replat the properties for this development, they are proposing to vacate the existing water main and drainage and utility easements, and would then dedicate one new easement on the final plat that would cover everything needed. Discussion: The City’s engineer consultant and City Staff have reviewed the easement vacation request and have determined that the proposal is acceptable. To vacate an easement or other public interest in a parcel, the City must determine that the easement no longer serves a public purpose. In this case, the developer would dedicate a new easement where the current easements are. This vacation request eliminates the multiple easements and creates one easement in their place. The City Council held the first reading of this ordinance on March 28, 2011, but held off on the adoption until City Staff felt there was enough evidence showing that this project was actually going to move forward. Recommendation: Staff recommends Council approval of Ordinance 858. Action on the ordinance is by a roll call vote of the Council. Staff also recommends the Council consent to the publication of a summary of the ordinance as authorized by City Charter section 3.07. Heidi Heller Planning Associate Attachments 1. Ordinance 858 2. Ordinance Summary ORDINANCE NO. 858 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AUTHORIZING THE VACATION OF UTILITY AND DRAINAGE AND WATER MAIN EASEMENTS ON THE PARCELS AT 2320 COUNTY ROAD 10 AND 5260 O’CONNELL DRIVE WHEREAS, the City of Mounds View was granted drainage, utility and water main easements on the properties located at 2320 County Road 10 (PIN 08-30-23-31-0070) and 5260 O’Connell Drive (PIN 08-30-23-31-0061); and, WHEREAS, Coventry Senior Living of Mounds View has submitted an application to vacate the drainage, utility and water main easements on the following legally described parcels: That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying southeasterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along the northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line to be herein described; thence southwesterly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating, except that part platted in EIGENHEER THIRD ADDITION, according to the recorded lat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0070) And, Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0061) WHEREAS, the easement areas to be vacated from the above properties are legally described as follows: The utility and drainage easement, as shown and dedicated, over the east 5.00 feet of Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Ramsey County, Minnesota. The water main easements over that part of the above described and affected properties described as follows: The south 7.5 feet of the east 15.00 feet of Lot 2, Block 5, EIGENHEER SECOND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Ramsey County, Minnesota, in favor of the Village (now City) of Mounds View, as created in Document Numbers 1710885, 1710886, 1710887, 1710888, 1710890, and 1711454. Ordinance 858 Page 2 The water main easements over that part of the above described and affected properties described as follows: The north 7.5 feet of Lot 3, Block 5, EIGENHEER SECOND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Ramsey County, Minnesota, in favor of the Village (now City) of Mounds View, as created in Document Numbers 1710891, 1710895, 1710900, 1710901, 1710902 and 1711455. The 10.00 foot wide water main easement, as shown and dedicated, over Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Ramsey County, Minnesota. NOW THEREFORE, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Ordinance No. 858. Subd. 1. The City has made a determination that the drainage and utility easement areas as described herein and illustrated on Exhibit A do not serve a public purpose, and as such, it is in the public interest to vacate said easement areas. Subd. 2. The Mounds View City Council finds there is no public interest or purpose served in keeping the easement area described and proposed to be vacated. Subd. 3. That described part of the drainage, utility and water main easements as shown on Exhibit A are hereby vacated. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On April 23, 2012, the City Council adopted Ordinance 858 that vacates drainage, utility and water main easements on the properties at 2320 County Road 10 and 5260 O’Connell Drive. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. Ordinance 858 Page 3 SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City Council this 28th day of March, 2011. SECOND READING AND ADOPTION by the Mounds View City Council this 27th day of August, 2012. PUBLICATION DATE: September 6, 2012. Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (SEAL) EXHIBIT A – Easements to be Vacated ORDINANCE SUMMARY ORDINANCE NO. 858 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AUTHORIZING THE VACAT ION OF UTILITY AND DRAINAGE AND WATER MAIN EASEMENTS ON THE PARCELS AT 2320 COUNTY ROAD 10 AND 5260 O’CONNELL DRIVE On August 27, 2012, the City Council adopted Ordinance 858 that vacates several utility and drainage and water main easements that are on the parcels at 2320 County Road 10 and 5260 O’Connell Drive. The parcels are being re-platted for the Coventry Senior Living housing development and new utility, drainage and water main easements will be dedicated on the plat. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. A printed copy of the ordinance is available for inspection during regular business hours at the Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. ________________________________ James Ericson City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 9, 2012 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, July 9, 2012, City Council Agenda. 21 22 City Administrator Ericson requested the approval of the May 29, 2012 City Council minutes be 23 moved to the July 23rd meeting. 24 25 MOTION/SECOND: Gunn/Mueller. To Approve the Monday, July 9, 2012, agenda as amended. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 None. 32 33 6. SPECIAL ORDER OF BUSINESS 34 A. Presentation and Review of the SBM Fire Department Annual Report 35 36 Fire Chief Zikmund presented the Council with copies of the fire department’s annual report and 37 noted this was the department’s 42nd printing of the annual report. He noted the department 38 recently received an award from the Minneapolis/Star Tribune noting the SBM Fire Department 39 was rated one of the top workplaces out of 400 companies that applied. He was proud of the 40 work completed by the department and of his staff. 41 42 Mayor Flaherty congratulated the Fire Chief and the Council then offered the Fire Department a 43 round of applause. 44 45 Mounds View City Council July 9, 2012 Regular Meeting Page 2 Finance Director Beer questioned if the report was available online. Fire Chief Zikmund 1 indicated it was not available at this time, but he could make this information available to the 2 public on the City’s website. 3 4 Fire Chief Zikmund indicated the department recently received a grant from FM Global in an 5 amount of $2,500 for the City’s Fire Prevention Program. The department would be purchasing 6 three tablets to assist with the documentation and data collection needed for this program. In 7 addition, the department applied for several federal grants. Each was discussed in detail. He 8 noted the department did receive a grant to assist in hiring four full-time employees which would 9 assist in the City’s daytime response capabilities. 10 11 Fire Chief Zikmund noted he would be attending Festival in the Park with trucks in August. 12 13 Mayor Flaherty requested a run down on the calls thus far in 2012. Fire Chief Zikmund stated 14 the fire calls for the department in 2012 have increased 4.5%. He noted the majority of this 15 increase was in the City of Blaine. He noted Mounds View still had the lowest per capita 16 expense. 17 18 Council Member Mueller questioned what would happen to the new employees after two years 19 when the grant funds ran out. Fire Chief Zikmund indicated the employees would be let go 20 unless additional grant funds were secured. He discussed the requirements for the new 21 employees. 22 23 Mayor Flaherty thanked the Chief for his presentation this evening, for his leadership and 24 dedicated service to the City of Mounds View. 25 26 7. COUNCIL BUSINESS 27 A. Resolution 7966, Approving a Wage Increase for Adam Fogerty, 28 Engineering/GIS Intern. 29 30 Public Works Director DeBar stated Adam Fogerty was hired as the City’s Engineering/GIS 31 Intern in May of 2011. He was hired at the rate of $11.75 per hour without benefits. His 32 employment agreement indicated he was eligible for a wage increase to $12.50 after 12 months 33 of employment with a satisfactory performance evaluation. Staff requested the Council approve 34 the wage increase for Mr. Fogerty. 35 36 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7966, 37 Approving a Wage Increase for Adam Fogerty, Engineering/GIS Intern. 38 39 Mayor Flaherty asked if the GIS mapping would be ongoing work. Public Works Director DeBar 40 stated this was the case. He indicated the department was working to bring its records online to 41 assist in streamlining future permit processes. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council July 9, 2012 Regular Meeting Page 3 B. Resolution 7967, Accepting Work for the 2011 Street and Utility 1 Improvement Project – Area D and Authorizing Final Payment to Northwest 2 Asphalt, Inc. 3 4 Public Works Director DeBar stated that Northwest Asphalt, Inc. has completed its work on the 5 Area D Street and Utility Improvement Project. The two year warranty on the work began on 6 October 18, 2011. He noted the actual expense for the project came in $121,132.32 below the 7 original estimate, with no change orders. Staff was pleased with the work completed by this 8 vendor and recommended the Council accept the work and authorize final payment to Northwest 9 Asphalt in the amount of $48,180.36. 10 11 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7967, Accepting 12 Work for the 2011 Street and Utility Improvement Project – Area D and Authorizing Final 13 Payment to Northwest Asphalt, Inc. 14 15 Mayor Flaherty commented he was pleased with staff and its consultants for continuing to bring 16 these projects in or under budget. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 8. CONSENT AGENDA 21 22 A. Schedule a Public Hearing for Monday, July 23, 2012, at 7:10 p.m., a 23 Resolution to Consider a Transfer of Ownership from Ge Xiong to Menbe, 24 Inc., for an Off Sale Intoxicating Liquor License and Cigarette/Tobacco 25 License for ABC Liquor located at 2840 County Highway 10. 26 27 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 9. JUST AND CORRECT CLAIMS 32 33 Finance Director Beer answered the Council's questions related to claims. 34 35 MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as presented. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 10. APPROVAL OF MINUTES 40 A. May 29, 2012, City Council Meeting Minutes. 41 42 This item was removed from the agenda and moved to the July 23rd City Council meeting. 43 44 11. REPORTS 45 Mounds View City Council July 9, 2012 Regular Meeting Page 4 A. Reports of Mayor and Council. 1 2 Council Member Mueller indicated a Festival in the Park meeting was scheduled for Tuesday, 3 July 17th at City Hall. Volunteers were still needed for this years’ event scheduled for August 4 18th. She then discussed the events and vendors planned for the event. 5 6 Mayor Flaherty noted the Mounds View Community Theatre would be showing Pirates of 7 Penzance beginning on July 13th. He encouraged all to attend at the Irondale High School. 8 9 Mayor Flaherty indicated the next Music in the Park concert series would be July 19th from 6:30 10 to 7:30 p.m. and would be featuring Ken Lelm. 11 12 Mayor Flaherty encouraged everyone to mark their calendars to attend this year’s Festival in the 13 Park on August 18th. 14 15 B. Reports of Staff. 16 17 City Administrator Ericson stated the Council has been discussing improvements to the County 18 Road 10 corridor recently. He questioned if the Council was interested in painting the 19 semaphores this year or have this placed in the 2013 budget. In addition, a work crew from the 20 Department of Corrections could be hired to assist with refuse pickup in the medians. He 21 requested the Council provide direction on how to proceed with these improvements. 22 23 Council Member Stigney questioned why the median could not be cleaned by local volunteers. 24 City Administrator Ericson stated local organizations could clean the sides of the corridor but 25 were not allowed, for safety reasons, to clean the median. 26 27 Council Member Mueller and Council Member Hull were in favor with proceeding with the trash 28 clean up and median cutting. 29 30 Council Member Gunn agreed and questioned which semaphores were being proposed for 31 painting. City Administrator Ericson reviewed the semaphores in need of repair and painting. 32 He explained that even though the poles were owned by the County, the City was responsible for 33 maintenance. 34 35 Mayor Flaherty noted there was consensus to bring forward further information on the cleanup 36 crew along with the median cutting. The Council was also in favor of reviewing additional 37 information on the expense of painting the semaphores. 38 39 Mayor Flaherty indicated the meeting scheduled at the Community Center for tomorrow evening 40 regarding the Level 3 sex offender has been canceled. The sex offender would not be moving 41 into the community of Mounds View. 42 43 C. Reports of City Attorney. 44 45 Mounds View City Council July 9, 2012 Regular Meeting Page 5 City Attorney Riggs had nothing additional to report. 1 2 12. Next Council Work Session: Monday, August 6, 2012, at 7:00 p.m. 3 Next Council Meeting: Monday, July 23, 2012, at 7:00 p.m. 4 5 13. ADJOURNMENT 6 7 The meeting was adjourned at 7:47 p.m. 8 9 Transcribed by: 10 11 Heidi Guenther 12 TimeSaver Off Site Secretarial, Inc. 13 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 23, 2012 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:01 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, July 23, 2012, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, July 23, 2012, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Jeff Moritko, Moe’s Restaurant, indicated Moe’s has had a large police presence recently, which 30 was beginning to affect his patrons. He requested the department keep in the spirit of the law, 31 patrol the entire City, and not park on his private property. He encouraged the department to 32 patrol the each liquor establishment equally for saturation events. He explained that the extra 33 presence was keeping patrons from returning to his establishment. 34 35 Mayor Flaherty indicated he would speak with the Police Chief regarding this matter and bring 36 Mr. Moritko’s concerns to the police department’s attention. He understood the concerns the 37 extra police presence would have on Moe’s. 38 39 6. SPECIAL ORDER OF BUSINESS 40 41 None. 42 43 7. COUNCIL BUSINESS 44 A. 7:05 p.m. Public Hearing – Resolution 7968, A Resolution to Consider a 45 Mounds View City Council July 23, 2012 Regular Meeting Page 2 Temporary On-Sale 3.2 Malt Liquor License for the Anoka/Blaine Jaycees to 1 Sell 3.2 Malt Liquor during the Mounds View Festival in the Park on August 2 18, 2012. 3 4 Assistant City Administrator Crane stated the Anoka/Blaine Jaycees were requesting a 3.2 malt 5 liquor license for the Mounds View Festival in the Park. The City has completed all necessary 6 checks with satisfactory results. The Anoka/Blaine Jaycees have sold beer and malt beverages 7 for the Festival in the past. The Jaycees were requesting that patrons be allowed to consume 8 beverages outside of the designated beer garden area. This was not the recommendation of staff. 9 She then reviewed the proposed layout for the Festival along the location of the beer garden. It 10 was noted the Festival arrangement was slightly altered this year due to the painting taking place 11 on the water tower in the park. Staff recommended approval of the 3.2 malt liquor license and 12 requested further direction from the Council on the beverage consumption location. 13 14 Mayor Flaherty opened the public hearing at 7:12 p.m. 15 16 Hearing no public input, Mayor Flaherty closed the public hearing at 7:12 p.m. 17 18 Brian Haglund, president of the Anoka/Blaine Jaycees, explained the Jaycees has been selling 19 malt liquor at City events for the past 44 years. He indicated the size and location of the beer 20 garden this year would not be cost effective for the Jaycees. Mr. Haglund reviewed a process 21 that could be used to wristband patrons to assure that sales were not made to minors. 22 23 Council Member Hull questioned how many employees would be brought to the event. Mr. 24 Haglund stated there would be two employees selling beer, one selling tickets and two viewing 25 ID’s. In addition, several more Jaycees would be patrolling the park to assure no minors were 26 consuming throughout the park. 27 28 Council Member Mueller reviewed the location of the beer garden last year compared to this 29 year’s location. She indicated this year’s location was prime for the beer garden. She stated after 30 discussions with the Police Department, it was recommended the alcoholic beverages remain 31 within the beer garden area. She explained this was a family friendly event and was not in favor 32 of allowing people to consume alcoholic beverages throughout the park. 33 34 Mayor Flaherty understood the Jaycees concerns; however, he was not comfortable with moving 35 forward with the open consumption this year. He stated the Council could review this item 36 further, speak with the City of Blaine and consider the Jaycees request in 2013. 37 38 Council Member Stigney was in favor of keeping the alcoholic beverages within the beer tent. 39 40 Council Member Hull supported the Jaycees request to allow consumption throughout the park. 41 42 Council Member Gunn agreed stating other city celebrations did offer open consumption in their 43 parks and did not appear to have issues. Her only concern would be with patrons leaving the 44 park with an open bottle. She was pleased with the location of the beer tent this year. 45 Mounds View City Council July 23, 2012 Regular Meeting Page 3 1 City Attorney Riggs indicated Statute does speak to consumption being in a compact and 2 contiguous area. This was open to some subjective interpretation by the Council. 3 4 Mayor Flaherty was in favor of reviewing this further with neighboring communities at a work 5 session and considering this request in 2013. 6 7 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7968, A 8 Resolution to Consider a Temporary On-Sale 3.2 Malt Liquor License for the Anoka/Blaine 9 Jaycees to Sell 3.2 Malt Liquor during the Mounds View Festival in the Park on August 18, 10 2012. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 B. 7:10 p.m. Public Hearing – Resolution 7969, A Resolution to Consider a 15 Transfer of Ownership from Ge Xiong to Menbe, Inc., for an Off Sale 16 Intoxicating Liquor License and a Cigarette/Tobacco License for ABC 17 Liquor located at 2840 County Highway 10. 18 19 Assistant City Administrator Crane explained in accordance with City Code a public hearing was 20 required for the transfer of any liquor license. The current owner of ABC Liquor was Ge Xiong 21 and a request has been made to transfer this ownership to Menbe, Inc. Mr. Xiong will no longer 22 be managing ABC Liquor. A public hearing notice was sent to all properties within 350 feet. 23 She indicated the City was waiting on a satisfactory background check and requested approval of 24 the transfer be contingent this item. The liquor and cigarette/tobacco license would be valid from 25 August 1, 2012 through June 30, 2013. 26 27 Mayor Flaherty opened the public hearing at 7:26 p.m. 28 29 Hearing no public input, Mayor Flaherty closed the public hearing at 7:26 p.m. 30 31 Mayor Flaherty questioned the length of time Menbe, Inc. had been in place. Koniite Babeta 32 stated the company was created in 2012. She commented the liquor store would be leased and a 33 new sign would be placed at the site. 34 35 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7969, A 36 Resolution to Consider a Transfer of Ownership from Ge Xiong to Menbe, Inc., for an Off Sale 37 Intoxicating Liquor and a Cigarette/Tobacco License for ABC Liquor located at 2840 County 38 Highway 10 pending a satisfactory criminal background check. 39 40 Mayor Flaherty stressed the importance of checking ID’s to ensure that sales were not made to 41 minors for both alcohol and cigarettes. He explained the City would be conducting compliance 42 checks to ensure that the right measures are taken by ABC Liquor staff. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council July 23, 2012 Regular Meeting Page 4 1 C. Resolution 7970, Approving the 2012 Mounds View Festival in the Park 2 Contract. 3 4 Assistant City Administrator Crane stated the City currently has $4,500 in kind donations allotted 5 for Festival in the Park for this year. She noted this years Festival was scheduled for August 18, 6 2012. She requested the agreement between the City and the Festival Committee be reviewed 7 and approved by the Council. 8 9 Mayor Flaherty thanked staff for updating the contract. 10 11 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7970, 12 Approving the 2012 Mounds View Festival in the Park Contract. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 D. Resolution 7971, a Resolution Authorizing the Hire of Steven Thorp as 17 Building Official in the Community Development Department. 18 19 Assistant City Administrator Crane indicated the City’s former Building Official resigned on 20 March 18, 2012. The Council authorized staff to begin seeking a new building official at its 21 April 23, 2012 meeting. Staff has since advertised and interviewed for this position. It was 22 recommended the Council hire Steven Thorp as the City’s Building Official. Employment for 23 Mr. Thorp would begin on or about August 6, 2012. 24 25 Mayor Flaherty noted Mr. Thorp currently works for the City of Rosemount. He questioned if 26 this individual would be able to step into the position without a great deal of training. City 27 Administrator Ericson stated this was the case. 28 29 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7971, a 30 Resolution Authorizing the Hire of Steven Thorp as Building Official in the Community 31 Development Department. 32 33 Council Member Mueller asked if Mr. Thorp’s experience as a Fire Marshal would be used by 34 the City of Mounds View. City Administrator Ericson indicated these duties have been removed 35 from the job description. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 Mayor Flaherty and the entire Council welcomed Mr. Thorp to the City of Mounds View. Mr. 40 Thorp was looking forward to working for the City. 41 42 Council Member Mueller invited Mr. Thorp to attend this years Festival in the Park as it would 43 be a great family event. 44 45 Mounds View City Council July 23, 2012 Regular Meeting Page 5 E. Resolution 7972, Authorizing the Purchase of 400 Chairs for the Event 1 Center in the Mounds Vice Community Center. 2 3 Public Works Director DeBar explained the Community Center was built in 1997, at which time 4 400 chairs were purchased to assist with hosting events in the banquet rooms. The original 5 chairs were now in need of replacement. This was a budgeted expense that was deferred from 6 2011. A bid for the chairs was received from MinnCor through the State Cooperative at a rate of 7 $137.25 per chair or $54,900 plus $2,000 for freight and $3,911.88 for tax. 8 9 Public Works Director DeBar indicated the proposed chairs were stackable, had a brushed 10 aluminum finish and came with a 12-year warranty on the frame. Staff budgeted $40,000 for this 11 purchase. Finance Director Beer assured staff that funds were available in this year’s budget to 12 cover the difference. He noted the current chairs would be placed on the League of Minnesota 13 Cities website. Staff recommended approval of the 400 chairs for the event center. 14 15 Mayor Flaherty noted he spoke with staff regarding this issue as the expense had come in 50% 16 over budget. He asked if the Council was being asked to increase the Community Center’s 17 budget by $20,000 or for the City to cover the expense. Public Works Director DeBar indicated 18 the Community Center’s expenses would be increased by $20,000. He deferred this question 19 further to Finance Director Beer. 20 21 Mayor Flaherty requested further comment from staff. City Administrator Ericson stated he was 22 unsure whether there was sufficient surplus for the Community Center at this time. A surplus 23 could be used to assist with the purchase of the chairs. 24 25 Mayor Flaherty stated the $20,000 was a substantial amount over the budgeted amount. He 26 indicated he would like further comment from Finance Director Beer on this issue. 27 28 Council Member Gunn asked if the order is split, would the City be spending addition funds on 29 freight. She reiterated that Finance Director Beer had commented that funds were available to 30 cover the overage for this expense. 31 32 Mayor Flaherty stated the 2012 budget was previously approved with this expense at $40,000. 33 He was in favor of proceeding so long as the Community Center could cover the additional 34 expense. Public Works Director DeBar commented the proceeds from the sale of the existing 35 chairs would be placed in the City’s General Fund. 36 37 Council Member Mueller was in favor of the purchase so long as the City’s overall budget for 38 2012 does not increase. She understood that the furniture within the Event Center was important 39 to booking future events at the Community Center. City Administrator Ericson indicated there 40 would be a surplus within the 2012 budget to cover this expense. 41 42 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7972, 43 Authorizing the Purchase of 400 Chairs for the Event Center in the Mounds Vice Community 44 Center. 45 Mounds View City Council July 23, 2012 Regular Meeting Page 6 1 AMENDMENT: Flaherty/Stigney. To not increase the 2012 budget by $20,000 through the 2 purchase of the 400 chairs for the Event Center in the Mounds View Community Center. 3 4 AMENDMENT VOTE: 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 Council Member Stigney stated he was in favor of the City staying within the 2012 budget for 9 this expense. 10 11 MOTION VOTE: 12 13 Ayes – 4 Nays – 1 (Stigney) Motion carried. 14 15 F. Resolution 7973, Authorizing Envirobate to Perform HVAC 16 Decontamination and Cleaning at the Community Center. 17 18 Public Works Director DeBar stated the HVAC units at the Community Center were in need of 19 cleaning and decontamination. It was reported the system was installed in 1997 and has 20 struggled to provide consistent air quality in the building. Limited HVAC work has been 21 completed on the building in the last 12 years of operation. The deficiencies and high humidity 22 were now a result of this deferred maintenance. 23 24 Public Works Director DeBar indicated an environmental consultant recommended a deep 25 cleaning of the HVAC system. Envirobate was contacted to assist the City with cleaning the duct 26 work and roof top units. The work would be completed on a time and material basis. In 27 addition, the ceiling tiles would need cleaning or replacement in the RTU4 zone. 28 29 Public Works Director DeBar explained this was not a budgeted expense, however would 30 address the concerns with the HVAC unit at the Community Center. He recommended 31 authorizing Envirobate to perform the cleaning. 32 33 Council Member Mueller asked if this was a long-term solution to address the concerns with the 34 HVAC units at the Community Center. Public Works Director DeBar commented the space was 35 not balanced when it was first constructed. He noted the open air plenum did not typically have 36 issues. 37 38 Council Member Mueller questioned if it was cost effective to have the duct work cleaned and 39 wiped down instead of replaced. Public Works Director DeBar stated it was less expensive to 40 have them cleaned versus a total duct work replacement. He stated the cleaning would provide 41 energy cost savings in the long run. 42 43 Council Member Mueller inquired if this cleaning would be written into the Community Center’s 44 future maintenance and budget. Public Works Director DeBar stated this would be necessary 45 Mounds View City Council July 23, 2012 Regular Meeting Page 7 going forward. 1 2 Mayor Flaherty asked if there was another space as large as the Event Center. Public Works 3 Director DeBar stated this was the largest portion of the building and the open air plenum 4 required a great deal of cleaning. 5 6 Mayor Flaherty was in favor of the duct work cleaning as this was a public facility. He suggested 7 this be within the property maintenance plan to assist with future budgets. This was a public 8 safety issue and should move forward. 9 10 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7973, 11 Authorizing Envirobate to Perform HVAC Decontamination and Cleaning at the Community 12 Center for an expense not to exceed $48,485. 13 14 Council Member Stigney was concerned with the expenses being raised by the Community 15 Center. He indicated he would be interested in viewing a report from staff on the revenues and 16 expenses generated by the Community Center. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 8. CONSENT AGENDA 21 A. Set Public Hearing for Monday, August 27, 2012 at 7:05 p.m. for Second 22 Reading and Adoption of Ordinance 873, an Ordinance Implementing a 23 Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 24 the City of Mounds View. 25 B. Set a Public Hearing for Monday, August 27, 2012 at 7:10 p.m. for Second 26 Reading and Adoption of Ordinance 874, an Ordinance Implementing a 27 Franchise Fee on Center Point Energy Natural Gas Operations within the 28 City of Mounds View. 29 30 MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 9. JUST AND CORRECT CLAIMS 35 36 Finance Director Beer answered the Council's questions related to claims. 37 38 MOTION/SECOND: Mueller/Flaherty. To Approve the Just and Correct Claims as presented. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 10. APPROVAL OF MINUTES 43 A. May 29, 2012, City Council Meeting Minutes. 44 45 Mounds View City Council July 23, 2012 Regular Meeting Page 8 MOTION/SECOND: Mueller/Hull. To Approve the May 29, 2012, City Council meeting 1 minutes as presented. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 B. June 11, 2012, City Council Meeting Minutes. 6 7 MOTION/SECOND: Mueller/Gunn. To Approve the June 11, 2012, City Council meeting 8 minutes as presented. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 C. June 25, 2012, City Council Meeting Minutes. 13 14 MOTION/SECOND: Gunn/Mueller. To Approve the June 25, 2012, City Council meeting 15 minutes as presented. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 11. REPORTS 20 A. Reports of Mayor and Council. 21 22 Council Member Mueller stated on August 18, 2012 the City would be holding Festival in the 23 Park. Volunteers were still needed to assist with the event and a planning meeting was scheduled 24 at 7:00 p.m. on July 31st. She encouraged all those interested to contact City Hall for further 25 information. 26 27 Mayor Flaherty commented he and Community Development Specialist Heidi Steinmetz had 28 recently visited with local business, FedTech on Mustang Drive. He spoke with President Dave 29 Fox and was impressed by this business and its contributions to the community. 30 31 Mayor Flaherty noted there would be a 5K Fun Run, sponsored by Anytime Fitness on the day of 32 the Festival in the Park. He encouraged all to take part in this event at 8:00 a.m. at Silverview 33 Park. 34 35 B. Reports of Staff. 36 37 City Administrator Ericson reminded the Council that an Open House would be held with 38 property owners along County Road 10 regarding the proposed name change. He stated all 39 business and property owners in the City are invited as well. The post office was contacted 40 regarding a potential name change and the new name would be recognized along with County 41 Road 10. A joint powers agreement was being discussed between the three communities to 42 address resigning the corridor. He welcomed the Council to attend the Open House. 43 44 Mounds View City Council July 23, 2012 Regular Meeting Page 9 City Administrator Ericson noted the Chamber of Commerce was holding their Annual Picnic at 1 Long Lake Park in New Brighton from 11:00 a.m. to 2:00 p.m. Chamber members and partners 2 would be in attendance. 3 4 City Administrator Ericson reviewed the items on the August work session stating a budget 5 discussion was planned. 6 7 City Administrator Ericson explained the City Hall sign facing northwest was not functioning at 8 this time. He was working with the manufacturer to find a solution. The sign was budgeted for 9 replacement in 2013. He would report back to the Council with more information after hearing 10 from the manufacturer. 11 12 City Administrator Ericson stated Music in the Park was held last week. The next event was 13 scheduled for August 16th. 14 15 Mayor Flaherty stated he attended a ribbon cutting ceremony for a new store in the community 16 called Past to Present. He welcomed the business to the City of Mounds View, wished them 17 success and was pleased to hear that a portion of their profits would be donated to charity. 18 19 Council Member Mueller questioned if the City had heard from Ramsey County regarding 20 dispatch services for 2013. City Administrator Ericson stated he had received preliminary 21 numbers. 22 23 C. Reports of City Attorney. 24 25 City Attorney Riggs discussed his monthly review report. 26 27 12. Next Council Work Session: Monday, August 6, 2012, at 7:00 p.m. 28 Next Council Meeting: Monday, August 13, 2012, at 7:00 p.m. 29 30 13. ADJOURNMENT 31 32 The meeting was adjourned at 8:34 p.m. 33 34 Transcribed by: 35 36 Heidi Guenther 37 TimeSaver Off Site Secretarial, Inc. 38 409384v2 SJR MU125-11 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: August 23, 2012 To: James Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Review driveway/property line matter. Draft memorandum and forward to City staff. Consult with City staff regarding same. Revise Legal Services Agreement and forward to City staff. Matter is presently pending. MU210-4: Charter Commission. Review questions regarding proposed revisions to the City Charter. Consult with City staff. Matter is presently pending. MU210-111: Personnel Matters. Consult with City staff regarding deposition/subpoena. Research regarding deposition/subpoena requirements. Consult with City staff regarding same. Matter is presently pending. MU210-164: Utility Franchise Matters. Consult with City staff regarding Xcel franchise renewal. Draft proposed Franchise and forward to Xcel and City staff for comment. Matter is presently pending. MU210-189: Coventry Senior Living Project. Review plat. Consult with City staff regarding same. Review revised plat and updated title commitment. Draft Limited Use Agreement and forward to City staff. Consult with City staff regarding matter. Matter is presently pending. SJR:jms &