HomeMy WebLinkAboutAgenda Packets - 2011/06/13
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, June 13, 2011
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. Public Information Meeting for Stormwater Pollution Prevention Program
(SWPPP) – Nick DeBar
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing, Resolution 7798, Amending a Planned Unit
Development to Allow Indoor Recreational Uses in the Mounds View Business
Park South, 2280-2298 Woodale Drive
B. Continued Public Hearing, Resolution 7786, a Resolution to Consider an On-
Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar located at
2394 County Highway 10
C. Continued Public Hearing, Resolution 7785, a Resolution to Consider an On-
Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and
Entertainment located at 2400 County Road H2
D. Continued Public Hearing, Resolution 7784, a Resolution to Consider an On-
Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County
Highway 10
E. Resolution 7800, Reapproving the Select Senior Living Final Plat
8. CONSENT AGENDA
A. Resolution 7799, Approving Mounds View Business Licenses
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. May 9, 2011, City Council Minutes
Mounds View City Council Agenda
Monday, June 13, 2011
Page 2
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: TUESDAY, July 5, 2011, at 7pm
Next Council Meeting: Monday, June 27, 2011, at 7pm
13. ADJOURNMENT
Item No: 6A
Meeting Date: June 13, 2011
Type of Business: Special Order of Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Annual Public Information Meeting for MS4 SWPPP
Background/Discussion:
The City is required to have a public information meeting each year to present and solicit feedback
regarding it’s Storm Water Pollution Prevention Program (SWPPP). The SWPPP is a requirement of
the Municipal Separate Storm Sewer System (MS4) general permit. This permit is mandated by the
federal regulations under the Clean Water Act and administered by the Minnesota Pollution Control
Agency. The MS4 permitting program gives owners or operators of municipal separate storm sewer
systems approval to discharge stormwater to lakes, rivers and wetlands in Minnesota. An overview of
the MS4 program is attached to this report.
The SWPPP is available for review on the City’s webpage and printed copies are available for review at
the Public Works counter at City Hall. The MS2 general permit also requires completion of a reporting
form and is typically due on June 30 each year.
The annual public meeting is mandated to be noticed 30 days in advance in the City’s legal publication.
A notice was advertised in the legal section of the May 12th, 2011 edition of the Sun-Focus.
Recommendation:
Staff encourages input and feedback from Council and citizens on the City’s SWPPP and stormwater
issues in general. No official motion or action is required by the Council for this meeting.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachment:
• Municipal Stormwater Program – An Overview (MPCA)
Municipal Stormwater Program
An Overview
wq-sw1-04 • April 2008
Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • www.pca.state.mn.us
651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
wq-sw1-04
he Municipal Separate Storm Sewer
System (MS4) general permit is
mandated by the federal regulations
under the Clean Water Act and
administered by the Minnesota Pollution
Control Agency.
The MS4 permitting program gives owners
or operators of municipal separate storm
sewer systems approval to discharge
stormwater to lakes, rivers and wetlands in
Minnesota.
Environmental harm
Urban stormwater frequently contains
litter, oil, chemicals, toxic metals, bacteria,
and excess nutrients, like nitrogen and
phosphorous. Polluted stormwater
contributes to swimming-beach closings,
fish-eating advisories, excess algae growth
and poor water clarity in urban water
resources, especially lakes.
In addition to human effects, poorly
managed urban stormwater can drastically
alter the natural flow and infiltration of
water, scour stream banks and harm or
eliminate aquatic organisms and
ecosystems.
The primary goal of the MS4 general
permit is to improve water quality by
reducing pollutants in stormwater
discharges. Specifically, the program aims
to ensure proper management of
stormwater discharges into waters of the
state.
Defining MS4s
In general terms, MS4s are publicly owned
or operated stormwater infrastructure, used
solely for stormwater, and which are not
part of a publicly owned wastewater
treatment system. Examples of stormwater
infrastructure include curbs, ditches,
culverts, stormwater ponds and storm
sewer pipes. Common owners or operators
of MS4s include cities, townships and
public institutions.
The MS4 general permit focuses on
reducing the pollution that enters these
public systems and discharges to wetlands,
streams and lakes (“waters of the state”).
Owners and operators of MS4s which are
required to get a permit are created in one
of three ways: By federal rule, 40 CFR §
122.34 (a) and (b) (the Clean Water Act),
state rule (Minnesota Rules Chapter 7090),
or by public petition to the Minnesota
Pollution Control Agency.
By federal rule, stormwater systems in
urban areas are labeled Mandatory MS4s.
In addition to these, Minnesota added other
stormwater systems (Designated MS4s) to
the list. These MS4s are only added if the
stormwater system is located in an urban
area that meets the criteria established in
the State Rule for population and discharge
points.
The number of MS4s in Minnesota is
growing as urban areas expand. As of April
2008, there were 243 MS4s in Minnesota.
Public Process
After a term of five years, the MS4 general
permit is improved and revised, if
necessary, and re-issued. Public comment
T
Municipal Separate Stormwater Sewer System (MS4) Program Overview • wq-sw1-04 • March 2008
page 2
is encouraged before the re-issuance of new MS4
general permits and before the creation of new MS4s. In
addition, the public is asked each year to share its
opinion on plans the owner or operator of their local
MS4 has made to manage stormwater. These opinions
are shared at local meetings required by the permit.
Requirements of the
MS4 General Permit
All owners or operators of MS4s are required to satisfy
the requirements of the MS4 general permit;
Minneapolis and St. Paul are required to meet
customized individual permits, which are similar but
which contain additional requirements.
Basically, the MS4 general permit requires the MS4
operator or owner to create a Stormwater Pollution
Prevention Program with six important components:
1. Public education and outreach, which includes
teaching citizens about better stormwater
management
2. Public participation: Include citizens in solving
stormwater pollution problems. This includes a
required public annual meeting and an annual report.
3. A plan to detect and eliminate illicit discharges to the
stormwater system (like chemical dumping and
wastewater connections)
4. Construction-site runoff controls
5. Post-construction runoff controls
6. Pollution prevention and municipal “good
housekeeping” measures, like covering salt piles and
street-sweeping.
Reducing Stormwater Pollution
The MS4 general permit is a requirement, but also a tool
in the hands of city, township and county officials who
want to improve the quality of lakes and rivers that
receive their stormwater discharges. MS4 administrators
have can improve the quality of life for their citizens by
protecting and restoring local water quality.
Citizens served by an MS4 are invited to encourage the
owner or operator (normally their city, township or
county) to tackle stormwater pollution problems, but the
responsibility for water quality is not left in the hands of
public officials.
Public and private spaces contribute to urban stormwater
pollution. While MS4 administrators control the public
sources of stormwater pollution, it’s ultimately in the
hands of private citizens to change the way they do small
things that will have a dramatic effect on the quality of
their favorite fishing spot or swimming beach.
Simple Steps for
Better Water Quality
You can make simple changes to reduce stormwater
pollution and improve the quality of your local lake or
river by following these tips:
• Fertilize established lawns with phosphorous-free
fertilizer and don’t overspray fertilizer into the street.
• Rake leaves and sweep grass clippings away from
curbs. Clean curbs mean clean water.
• When you wash your car or truck, direct water onto
your lawn to soak up soap.
• Find attractive alternatives to large, impervious
driveways and sidewalks.
• Direct your home’s gutters onto your lawn. Water that
doesn’t make it to the curb can’t carry pollutants to lakes
and streams.
Detailed Information
For more detailed information about the MS4 general
permit or for further information about reducing
stormwater pollution, please visit the MPCA stormwater
program Web site: www.pca.state.mn.us/stormwater
Item No: 7A
Meeting Date: June 13, 2011
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 7798, Consideration of an
Amendment to the Mounds View Business Park South Planned
Unit Development (PUD) to Allow Indoor Recreational Uses;
Planning Case PA2011-001
Introduction:
Scott Nagel, representing “Zero Gravity Trampoline Park,” has applied for an amendment to
the Mounds View Business Park South Planned Unit Development (PUD). This 17-acre
PUD, located on the southeast corner of County Road 10 and Woodale Drive, has three large
buildings with a total of 270,000 square feet of space. The south business park was
developed for manufacturing, assembly, warehouse storage and office uses. Mr. Nagel is
requesting an amendment to the PUD so that he can open a trampoline park in one of the
buildings.
Discussion:
The City approved the Mounds View Business Park South PUD in 1989. The buildings have
been full or close to full for many years. Medtronic leased a lot of space in buildings H and J
for a distribution center until they recently relocated the facility to Tennessee. Homeshield, a
door and window components business, currently leases two-thirds of Building I.
With the requested amendment, the applicant would lease about 25,000 square feet in
Building H. About half of the space would be covered with trampolines and trampoline
related products. They also plan to build some offices and party rooms. It is not uncommon
for this type of recreational use to be located in business parks. There is currently a
trampoline park located in an industrial area in Plymouth. Gymnastics and virtual golf are
other recreational uses often found in business parks because of the large open spaces and
high ceilings in these buildings. The recreational businesses are open primarily during late
afternoons, evenings and weekends, so the parking needs for the recreational businesses
would likely not interfere with the daytime weekday parking needs of the other tenants.
Staff is proposing to add the more general term “Indoor Recreational Uses” to the PUD,
rather than being specific to a trampoline park. The Business Park South has 426 parking
spaces. The applicant expects to typically use between 15 and 40 parking spaces, and up to
50 spaces during their busiest times on the weekends.
Planning Case PA2011-001
Staff Report
Page 2
Amendment Process:
An amendment to a Planned Unit Development is processed as would an amendment to an
approved Conditional Use Permit, which is to say that the procedural requirements of Section
1125 of the Zoning Code would be followed. Section 1125 requires that the Planning
Commission and City Council review the request, taking into consideration any and all
potential adverse effects of the proposed amendment.
Relationship to the Comprehensive Plan:
Mounds View’s adopted Comprehensive Plan identifies the Mounds View Business Park South
PUD site as Light Industrial/Light Industrial PUD which is defined as being flex industrial centers
and a mix of office, light industrial and commercial uses within single or multiple structures. The
proposed recreational uses would be consistent with the Comp Plan.
The geographical area involved:
The south business park is bordered by County Road 10 and Woodale Drive on two sides. The
Highway 10 Business Center, the Mermaid, Pettibone Builders Equipment, and Central
Sandblasting border on the east and south sides, and Edgewood Middle School property
borders on the west side.
Neighborhood Impact:
The neighborhood should not be impacted by adding indoor recreational uses to this business
park. Traffic studies were done before the site was developed, and the majority of traffic for the
park enters and exits onto Woodale Drive, very close to County Road 10 where there is a
stoplight. Woodale Drive was constructed to handle the traffic that is generated by this business
park. When Medtronic’s distribution facility was operating here, there was a lot of truck traffic in
and out of this business park. Any traffic for the recreational uses will be less of a neighborhood
impact than a distribution center.
The character of the surrounding area:
All of the neighboring uses are commercial or light industrial with the exception of the north side
of Woodale Drive. There is a single family neighborhood about one block west of this business
park. Directly across Woodale Drive from the business park are five R-1 zoned properties that
are planned for future redevelopment, but staff does not expect that any low density residential
would be built there.
The demonstrated need for such use:
The applicant anticipates that there is a market for this type of business in Mounds View. Since
there are very few trampoline parks in the Twin Cities, this specific business would likely draw
customers from all over the metro area. Recreational businesses appear to be a complimentary
use in light industrial and business parks and have worked well in many other cities.
Planning Case PA2011-001
Staff Report
Page 3
It appears that amending the PUD to allow for recreational uses would have no adverse
impacts and would be consistent with the Comprehensive Plan. Staff supports the
amendment to allow indoor recreational uses in the Mounds View Business Park South.
The Planning Commission reviewed this request on June 1, 2011 and voted 5-0 (Smith and
Rundle absent) to recommend approval of this PUD amendment. Staff received one email
(attached) and a few questions from residents about what type of uses this request would
allow. After staff told the residents that the recreational uses would only be indoors, they
were agreeable to the PUD amendment.
Recommendation:
The City Council may take one of the following actions related to the PUD Amendment
request:
1. Approve the PUD Amendment as requested. Resolution 7798 is attached for your
consideration if you should choose this option.
2. Deny the request. To consider this option, the Council will need to direct staff to prepare
a resolution with findings of fact to support the denial.
3. Table action on the request. This option would be appropriate if the City Council should
need additional information or more input before a decision can be made.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Information from Applicant
2. Zoning Map
3. Aerial View
4. Photographs
5. Email from resident
6. Resolution 7798
Information from applicant about proposed trampoline park
business
Zoning Map
* Properties not indicated with a designation are zoned R-1, Single Family Residential
Aerial View
Single-family
residential
Bldg J Bldg H
Hwy 10 Bus. Center
(Abbey Carpet bldg)Edgewood School
property
Bldg I
The Mermaid &
AmericInn
Pettibone Central Sandblast
Photo – Building H (proposed trampoline park
would lease about 1/3 of this building)
Photo – taken at north end of property facing south. Bldg H is on
right side, Bldg I is straight ahead and Bldg J is on the left side
Photo – Building J
Example of an Indoor Trampoline Park
Foam Pit
Email from Resident
RESOLUTION 7798
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN AMENDMENT TO THE MOUNDS VIEW BUSINESS
PARK SOUTH PLANNED UNIT DEVELOPMENT TO ALLOW INDOOR
RECREATIONAL USES
MOUNDS VIEW PLANNING CASE PA2011-001
WHEREAS, the Mounds View City Council approved the Mounds View Business
Park South Planned Unit Development (PUD) in July 1989 for manufacturing, assembly,
warehouse storage and office uses; and,
WHEREAS, the Mounds View Business Park South PUD currently does not allow
recreational uses; and,
WHEREAS, the properties located at 2260-2298 Woodale Drive, are legally
described as:
Condominium No. 296, Mounds View Business Park South, that part of Unit 2 in TI 75
1988 Y (PIN 08-30-23-43-0019)
and
Condominium No. 296, Mounds View Business Park South, that part of Unit 2 in TI 75
1985 N (PIN 08-30-23-43-0021)
WHEREAS, the applicant and property owner wish to amend the PUD by allowing
“indoor recreational uses” in this business park; and,
WHEREAS, the Planning Commission and City Council have reviewed this request
and examined the potential adverse effects that could result from such an amendment.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following finding of fact related to this request:
1. The Mounds View Business Park South is zoned Planned Unit Development (PUD).
2. Two of the buildings in the Business Park South are currently almost vacant, and as
such, a potential tenant and the property owner have requested an amendment to
the PUD to allow recreational uses.
3. The Land Use Map from the City’s Comprehensive Plan designates this area as
Light Industrial Planned Unit Development.
Resolution 7798
Page 2
4. The Mounds View Business Park South is within the City’s primary commercial
corridor and as such, vacant buildings are not desirable.
5. The Mounds View Business Park South consists of three very large buildings on 17
acres that are primarily surrounded by retail, commercial and industrial uses.
6. There do not appear to be any adverse effects associated with this proposed
amendment.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council, based
upon the above findings of fact, does hereby approve an amendment to the Mounds View
Business Park South Planned Unit Development (PUD) to allow indoor recreational uses.
Adopted this 13th day of June, 2011.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 07B
Meeting Date: June 13, 2011
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Continued Public Hearing, Resolution 7786, a Resolution to
Consider an On-Sale Wine and 3.2 Malt Liquor License for
Taiko Sushi Bar, located at 2394 County Highway 10
Introduction:
In accordance with Chapters 502 and 503 of the Mounds View City Code, a public hearing is
required for all liquor license renewals. The City of Mounds View issued an On-Sale Wine and
3.2 Malt Liquor License for Taiko Sushi Bar in June of 2010, and their renewal is before the
Council for consideration. Taiko Sushi Bar’s Intoxicating Liquor License will expire on June 30,
2011.
This public hearing was originally scheduled for the May 23, 2011, City Council Meeting,
but was continued to this meeting because the City Council wanted to give the owner,
Scott Suh, an opportunity to address the City Council. At the May 23, 2011, City Council
Meeting, the City Council opened the hearing for public comment, and no public comments
were made.
Discussion:
Taiko Sushi Bar has submitted their city liquor license application materials and the applicable
fees. The following investigations and inspections have been conducted to determine whether
there is cause for the City to deny the above referenced liquor license application:
Police Inquiry and Investigations (Mounds View Police Department)
The Mounds View Police Department has issued a satisfactory report for Taiko Sushi Bar. Staff
has submitted a background check application on the owner of Taiko Sushi Bar to the
Minnesota Bureau of Criminal Apprehension (BCA), and Staff received a satisfactory report.
Utility Billing and Property Taxes Inquiry (City of Mounds View)
The Finance Department has issued an unsatisfactory report for Taiko Sushi Bar. At the May
23, 2011, City Council Meeting Taiko Sushi Bar owed $547.58 on their utility bill. On May 31st,
Taiko Sushi Bar paid their utility bill in full. However, Taiko Sushi Bar continues to be
delinquent in their property taxes in the amount of $42,390.97. In accordance with §502.04,
subd. 2a of the City Code:
No intoxicating liquor or wine license shall be granted for operation on any
premises on which taxes, assessments, utility bills or other financial claims of the
City are delinquent or unpaid.
This property is scheduled for tax forfeiture in 2013.
Item 07B
June 13, 2011, City Council Meeting
Page 2
Fire Inspection (City of Mounds View Fire Marshal)
The City’s Fire Marshal has inspected Taiko Sushi Bar and issued a satisfactory report.
Recommendation:
Staff recommends not approving renewal of this license. This business is not eligible for an On-
Sale Wine/3.2 Malt Liquor License in accordance with §502.04, subd. 2a of the City Code due to
delinquent property taxes. Staff has prepared Resolution 7786, a Resolution of Denying an On-
Sale Wine and Intoxicating Liquor License for Taiko Sushi Bar. If, however, the City Council
wishes to approve this license with contingencies, then Staff will immediately draft a Resolution
of approval as directed by the City Council.
Respectfully submitted,
________________________
Desaree Crane
RESOLUTION 7786
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING AN ON -SALE WINE AND 3.2 MALT LIQUOR LICENSE
FOR TAIKO SUSHI BAR LOCATED AT 2394 COUNTY HIGHWAY 10
WHEREAS, Taiko Sushi Bar’s On-Sale and 3.2 Malt Liquor License expires June
30, 2011; and
WHEREAS, all City of Mounds View business licenses must be approved by the
City Council; and
WHEREAS, in accordance with §502.04, subd. 2a of the Mounds View City Code,
no intoxicating liquor or wine license shall be granted for operation on any premises on
which taxes, assessments, utility bills or other financial claims of the City are delinquent or
unpaid; and
WHEREAS, as of June 13, 2011, Taiko Sushi Bar owes $42,390.97, in property
taxes; and
WHEREAS, Staff recommends denying renewal of this license in accordance with
§502.04, subd. 2a of the Mounds View City Code due to delinquent property taxes.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby deny approval of Taiko Sushi Bar’s On-Sale Wine and 3.2 Malt Liquor License in
accordance with §502.04, subd. 2a of the Mounds View City Code due to delinquent
property taxes.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that Taiko Sushi Bar is to
cease all Wine and 3.2 Malt Liquor operations and sales effective July 1, 2011.
Adopted this 13th day of June, 2011.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Item No: 07C
Meeting Date: June 13, 2011
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Continued Public Hearing, Resolution 7785, a Resolution to
Consider an On Sale Intoxicating Liquor License for Robert’s
Sports Bar and Entertainment, located at 2400 County Road
H2
Background:
In accordance with Chapter 502 of the Mounds View City Code, a public hearing is
required for all liquor license renewals.
This public hearing was originally scheduled for the May 23, 2011, City Council Meeting,
but was continued to this meeting because Robert’s Sports Bar and Entertainment had not
submitted the City liquor license application materials and the applicable fees. At the May
23, 2011, City Council Meeting, the City Council opened the hearing for public comment,
and no public comments were made. Application materials and fees were originally due to
the City on Friday, May 13, 2011.
Discussion:
On May 26, 2011, Kevin Halverson, owner of Robert’s Sports Bar and Entertainment,
dropped off an incomplete liquor license application to the City (please refer to attached
letter dated May 31, 2011). On June 8, 2011, a representative from Robert’s Sports Bar
and Entertainment, Floyd Halverson, completed the liquor license application materials, but
would not pay the required liquor license fee. Staff informed Floyd Halverson that the City
cannot process their liquor license without payment. As of June 9, 2011, the City has not
received payment for this license. For your reference, attached are letters that were sent
to Robert’s Sports Bar and Entertainment by the City relating to their business licenses.
The following investigations and inspections have been conducted to determine whether
there is cause for the City to deny the above referenced liquor license application:
Police Inquiry and Investigations (Mounds View Police Department)
The Mounds View Police Department has issued a satisfactory report for Robert’s Sports
Bar and Entertainment. Staff has not submitted a background check application on the
owner of Robert’s Sports Bar and Entertainment to the Minnesota Bureau of Criminal
Apprehension (BCA) because the City has not received payment for the liquor license.
Utility Billing and Property Taxes Inquiry (City of Mounds View)
The Finance Department has issued an unsatisfactory report for Robert’s Sports Bar and
Entertainment. Robert’s Sports Bar and Entertainment currently owes $852.83 on their
utility bill. In accordance with §502.04, subd. 2a of the City Code:
Item 07C
June 13, 2011 City Council Meeting
Page 2
Utility Billing and Property Taxes Inquiry (City of Mounds View) - continued
No intoxicating liquor or wine license shall be granted for operation on any
premises on which taxes, assessments, utility bills or other financial claims of
the City are delinquent or unpaid.
Utility bill delinquencies can be assessed to the property taxes if approved by the City
Council.
Fire Inspection (City of Mounds View Fire Marshal)
The City’s Fire Marshal has inspected Robert’s Sports Bar Entertainment and issued a
satisfactory report.
Recommendation:
If the City receives payment for the liquor license fee prior to the City Council Meeting, then
Staff would recommend approval of the liquor license contingent on a satisfactory
background check and full payment of utility bill. Attached is Resolution 7785, approving
the liquor license with contingencies.
If the City does not receive payment, then the City Council could either postpone this action
until the June 27, 2011, City Council Meeting or deny the renewal due to nonpayment of
fees.
Respectfully submitted,
________________________
Desaree Crane
RESOLUTION 7785
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION TO APPROVE AN ON-SALE INTOXICATING LIQUUOR LICENSE FOR
ROBERT’S SPORTS BAR AND ENTTERTAINMENT LOCATED AT 2400 COUNTY ROAD H2
WHEREAS, Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License expires
June 30, 2011; and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff recommends approval of Robert’s Sports Bar and Entertainment’s Big
Intoxicating Liquor License, pending a satisfactory background check with the Minnesota Bureau of
Criminal Apprehension (BCA), and full payment of their utility bill.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby
approve an On-Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment for
the period of July 1, 2011 to June 30, 2012, contingent on a satisfactory background check with
the Minnesota Bureau of Criminal Apprehension (BCA), and full payment of the City utility bill.
Adopted this 13th day of June, 2011.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Item No: 07D
Meeting Date: June 13, 2011
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Continued Public Hearing, Resolution 7784, a Resolution to
Consider an On Sale Intoxicating Liquor License for Moe’s,
located at 2400 County Highway 10
Background:
In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required
for all liquor license renewals.
Moe’s has not submitted the required liquor license application materials and the applicable
fees. This public hearing was originally scheduled for the May 23, 2011, City Council
Meeting, but was continued to this meeting to give another opportunity for this business to
submit liquor license application materials. At the May 23, 2011, City Council Meeting, the
City Council opened the hearing for public comment, and no public comments were made.
In addition to not receiving any liquor license application materials and fees, Staff has not
received any application materials on their Restaurant License (Restaurant License
application materials were due on June 3, 2011).
Discussion:
Moe’s continues to owe back property taxes in the amount of $89,214.57. The Moe’s
property IS in tax forfeiture. According to Ramsey County Property Records Division, Moe’s
owner, Jeff Moritko, was notified by Ramsey County that if taxes are not paid in full by August
1, 2011, then the forfeiture would go the State. Attached is information from the Ramsey
County website in regard to the Tax Forfeiture Process for your reference.
In addition to delinquent property taxes, Moe’s is also delinquent on their City utility bill in the
amount of $4,576.55.
In accordance with the City’s Liquor Code, Moe’s is currently ineligible for a liquor license
renewal under §502.04, subd. 2a of the City Code, which states:
No intoxicating liquor or wine license shall be granted for operation on any
premises on which taxes, assessments, utility bills or other financial claims of
the City are delinquent or unpaid.
Staff has been in contact with Mr. Moritko. According to Mr. Moritko, he is trying to get
financing from his bank to pay for the delinquencies prior to submitting any application(s) for
City business licenses
Item 07D
June 13, 2011 City Council Meeting
Page 2
Recommendation:
Staff recommends postponing this item to the June 27, 2011, City Council Meeting since Staff
has not received any business license application materials.
Respectfully submitted,
________________________
Desaree Crane
Item No: 7E
Meeting Date: June 13, 2011
Type of Business: Action
City Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Resolution 7800, Reapproving the Final Plat for the
“Select Senior Living” Development
Introduction:
Mr. Joel Larson, representing Select Senior Living, is requesting that the City Council
reapprove their final plat for another 120 days. This reapproval of the final plat would
expire on October 11, 2011.
Background:
On October 27, 2008, the City Council passed Resolution 7347, which approved the final
plat and development agreement for the Select Senior Living development. This was the
last of the Council actions required for the project to move forward. Per city code, an
applicant has 120 days to record the plat with Ramsey County, and if the recording does
not happen within this timeframe, the plat approval is void. The City Code also states
that the City Council can re-approve the plat and give the applicant up to another 120
days. Due to the shakeup within the banking industry, Select Senior Living was not able
to record the plat within the allowed 120 days and so their approval became void.
Since the project’s final approvals in October 2008, the developer, Joel Larson, has been
diligently working towards completing this development. Select Senior Living is
committed to Mounds View, but project delays continue because of the difficulty of
obtaining development loans in the current financial market. The City Council has re-
approved the final plat for this project six times since the original final plat approval.
On December 13, 2010, the City Council approved issuing temporary housing revenue
bonds for this project. Mr. Larson hopes that the financing for this project can be
completed soon .
Chapter 1202.07: Final Plat Approval Procedure
Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within
one hundred twenty (120) days, record it with the County Register of Deeds or
Registrar of Titles and, within ten (10) days of recording, furnish the City with a
reproducible copy of the final plat showing evidence of the recording; otherwise, the
approval of the final plat shall be void, and the Clerk-Administrator shall so notify the
County Register of Deeds or Registrar of Titles.
Select Senior Living Report
June 13, 2011
Page 2
Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the
subdivider fails to record within the time prescribed herein, the Council may
re-approve the final plat upon the following terms and conditions: a) that the
subdivider proves to the satisfaction of the Council that the delay was caused by
conditions beyond the control of the subdivider, and b) that the extension of time
requested has or will have no adverse effect on the City or property owners of the
City, and c) that the Council shall set the time limit of the extension requested but in
no event shall it exceed one hundred twenty (120) days. (1988 Code §42.05; 1993
Code).
Discussion:
Select Senior Living, represented by Joel Larson, has submitted a letter requesting that
the City reapprove the final plat for another 120 days. They still plan to construct this
project but unfortunately continue to run into problems beyond their control. Mr. Larson
has indicated that they will have all of their financing completed as soon as the market
improves and will move forward with the project as soon as possible.
Recommendation:
Staff recommends that the City Council pass Resolution 7800 that reapproves the Select
Senior Living final plat.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Letter from Joel Larson, Select Senior Living
2. Location map
3. Layout Plan
4. Resolution 7800
Location of Select Senior Living of Mounds View
Select Senior Living
RESOLUTION NO. 7800
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RE-APPROVING THE “SELECT SENIOR LIVING”
FINAL PLAT; MOUNDS VIEW PLANNING CASE NO. MA2008-002
WHEREAS, Joel Larson, representing Select Senior Living, has requested that the
City reapprove the final plat for the “Select Senior Living” project on three properties
legally-described as follows:
Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the
rear line for public utility use, Ramsey County , Minnesota (PIN 063023310030)
And,
That part of Lot 48, Auditors Subdivision Number 89 lying South of the North
300 feet front and rear thereof, except that portion taken for the highway
right of way purposes. Subject to restrictions contained in Document
Number 238161,
Ramsey County, Minnesota (PIN 063023310029)
And,
The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors
Subdivision Number 89, including any portion of any street of alley adjacent
thereto, vacated or to be vacated, together with all road privileges,
easements and appurtenances thereto attached,
Ramsey County, Minnesota (PIN 063023310028)
WHEREAS, the City has zoned the above-described lands R-4, High Density
Residential; and,
WHEREAS, Select Senior Living submitted to the City a Final Plat, date stamped
October 23, 2008, for the major subdivision that combines three lots into one parcel; and,
WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is
subject to a park dedication fee which would be equivalent to 10% of the assessed value
of the project area and also is subject to a County Highway 10 Trail Contribution; and,
WHEREAS, the grading and drainage plan has been reviewed and approved by
the City Engineering consultant and the Rice Creek Watershed District has given
conditional approval; and,
Resolution 7800
Page 2
WHEREAS, the Mounds View City Council has reviewed the following documents
about this proposal:
1. Preliminary Plat
2. Zoning Map
3. Site Plan, dated September 4, 2008
4. Grading, Utility & Landscape Plans, dated September 18, 2008
5. Planning Commission Resolutions 891-08, 892-08 and 893-08
6. Resolution 7321, Approved September 8, 2008
7. Ordinance 813, First Reading on September 8, 2008
8. Development Agreement
9. Final Plat, dated October 23, 2008
10. Resolution 7347, Approved October 27, 2008
WHEREAS, on August 25, 2008 and September 8, 2008, the Mounds View City
Council held a duly noticed public hearing about this development and major subdivision
and approved Resolution 7321 that approved the “Select Senior Living” preliminary plat;
and,
WHEREAS, the City attorney and City engineering consultant have reviewed the
final plat and finds it to be in conformance with all applicable sections of the Mounds View
Municipal Code, subject to the conditions and requirements contained in this Resolution;
and,
WHEREAS, on October 27, 2008, the Mounds View City Council approved
Resolution 7347 that approved the final plat and development agreement for the “Select
Senior Living” subdivision; and,
WHEREAS, the applicant was not able to record the plat within the required 120
days due to issues beyond their control, which caused the final plat and development
agreement approval to become null and void; and,
WHEREAS, on July 13, 2009, October 26, 2009, February 22, 2010, June 14,
2010, October 11, 2010 and February 14, 2011 the Mounds View City Council re-
approved the final plat for the project for an additional 120 days.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having
already approved the Preliminary Plat and Final Plat, reapproves the Final Plat for the “Select
Senior Living” subdivision, subject to the following stipulations:
1. Before the Final Plat execution, Select Senior Living shall pay to the City a park
dedication fee of $32,150.00, and a County Highway 10 Trail Contribution fee of
$8,040.
Resolution 7800
Page 3
2. Select Senior Living shall enter into the Development Agreement with the City
and shall record said document with Ramsey County.
3. Select Senior Living shall obtain final approval from Rice Creek Watershed
District and the Minnesota Pollution Control Agency before construction activity
begins.
4. No demolition, grading or construction activity may proceed without the contractor
obtaining all necessary permits.
5. All utilities within the development area shall be located underground.
6. The developer or contractor shall obtain the necessary permits for any and all
work occurring within the City and County right of ways.
7. Select Senior Living shall successfully complete all requirements after final review
of the final plat by the City Attorney.
8. The approval contemplated herein is subject to the condition that Select Senior
Living must pay for all costs concerning this subdivision incurred by the City
Attorney, city consultants, and any other costs of a similar nature.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the re-approval of this final
plat is subject to recordation with Ramsey County within one hundred twenty (120) days
of City Council approval. Within 10 days of the recording, Select Senior Living shall
furnish the City with proof of the recording; otherwise, the approval of the final plat shall
be void.
Adopted this 13th day of June, 2011.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 08A
Meeting Date: June 13, 2011
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7799 Approving Mounds View Business Licenses
All City of Mounds View business licenses will expire on June 30, 2011. Staff is
recommending that the Council approve business licenses for the businesses listed in
Resolution 7799 contingent upon the City’s receipt of the appropriate fees, applications,
proof of insurance, and satisfactory reports from the appropriate departments and
organizations.
Respectfully Submitted,
________________________
Desaree Crane
RESOLUTION 7799
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A Resolution Approving Business Licenses for 2011-2012
WHEREAS, all City of Mounds View Business Licenses expire June 30, 2011;
and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff recommends approval of the business licenses for the businesses
listed in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby approve business licenses for the businesses listed in Exhibit A contingent upon
the City’s receipt of the appropriate fees, application materials, proof of insurance and
satisfactory reports from the Ramsey County Health Department and the Fire Marshal.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the time period for these
licenses will be from July 1, 2011 to June 30, 2012.
Adopted this 13th day of June, 2011
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
EXHIBIT A
Local Company License Local Address
Ace Solid Waste, Inc Garbage and Rubbish Hauler
License
Anoka, MN
Allied Waste Systems Garbage and Rubbish Hauler
License
Circle Pines, MN
Aspen Waste Systems, Inc. Garbage and Rubbish Hauler
License
Minneapolis, MN
Big Top Discount Liquors Cigarette and Tobacco License 2577 Highway 10
Burger King #4116 Restaurant License 2651 County Rd I
Caribou Coffee Restaurant License 2585 Highway 10
Carlson, William
Neitz, Georganne
Residential Kennel License 8041 Long Lake Rd
CVS Pharmacy #5999 Cigarette and Tobacco License 2800 County Road 10
Dominos Pizza Restaurant License 2548 Highway 10
Fedor's Market Cigarette and Tobacco License 5491 Adams St.
North
Holiday Gasoline License 2732 Highway 10
Holiday Cigarette and Tobacco License 2732 Highway 10
Keith Krupenny & Son Garbage and Rubbish Hauler
License
West St. Paul, MN
KFC #Y067042 Restaurant License 2213 Highway 10
Little Caesars Restaurant License 2581 Highway 10
Moe’s Amusement Devices and
Centers License
2400 Highway 10
Moe’s Restaurant License 2400 Highway 10
Mounds View Best Steak House Restaurant License 2555 Highway 10
Long John Silvers/Taco Bell Restaurant License 2219 Highway 10
McDonald's Restaurant License 2201 Highway 10
Pink Flower Vietnamese
Restaurant
Restaurant License 2563 Highway 10
R.J. Riches Restaurant Restaurant License 2145 Highway
Avenue
Randy's Sanitation Garbage and Rubbish Hauler
License
Delano, MN
Ray Anderson & Sons Co. Inc. Garbage and Rubbish Hauler
License
St. Paul, MN
Robert's Sports Bar and
Entertainment
Amusement Devices and
Centers License
2400 County Road
H2
Robert's Sports Bar and
Entertainment
Restaurant License 2400 County Road
H2
Saturn of St. Paul (Motor Trend) Automobile Sales License 2375 Highway 10
Seehafer, Wayne Residential Kennel License 8009 Red Oak Drive
Sham-O-Jets Kennels Commercial Dog Kennel 7700 Long Lake
Local Company License Local Address
Stern, Craig and Karen Residential Kennel License 2317 Hillview Road
SuperAmerica #4264 Cigarette and Tobacco License 2640 County Road I
SuperAmerica #4264 Gasoline License 2640 County Road I
Subway Restaurant License 2546 Highway 10
Taiko Sushi Bar Restaurant License 2394 Highway 10
The Mermaid (Arcade) Amusement Devices and
Centers License
2200 Highway 10
The Mermaid Restaurant License 2200 Highway 10
The Mermaid Bowling License 2200 Highway 10
Tobacco View Cigarette and Tobacco License 2359 Highway 10
The Station Gasoline License 2280 County Rd I
The Station Cigarette and Tobacco License 2280 County Rd I
Walbon, Chad Residential Kennel License 8070 Woodlawn Drive
Wynnsong 15 Amusement Devices and
Centers License
2430 Highway 10
Twin City Refuse Garbage and Rubbish Hauler
License
St. Paul, MN
VASKO Solid Waste Garbage and Rubbish Hauler
License
309 Como Avenue
Veit Corporation Garbage and Rubbish Hauler
License
ogers, MN
Veolia ES Garbage and Rubbish Hauler
License
St. Paul, MN
View Market (aka Sam’s Market) Cigarette and Tobacco License 2408 County Rd I
Vino & Stogies (to include the
Cigar Shop)
Cigarette and Tobacco License 2345 County Road
H2
Walgreens #06447 Cigarette and Tobacco License 2387 Highway 10
Walter's Recycling and Refuse Garbage and Rubbish Hauler
License
Circle Pines, MN
Waste Management of Minnesota Garbage and Rubbish Hauler
License
Blaine, MN
EXHIBIT A
Corrections/Revisions made by Councilmember Mueller, City Administrator Ericson, and PW Director DeBar
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
May 9, 2011 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, May 9, 2011, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Stigney. To Approve the Monday, May 9, 2011, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Joann Mulroy, 2271 Rainbow Avenue in New Brighton, commented on a fall she had at the 30
Community Center on February 19th. She explained a portion of the sidewalk was quite uneven 31
and resulted in a broken nose. Since the time of her fall the cement has been painted orange, as a 32
warning to those passing by the area. At this time, she has paid the medical bills in the amount 33
of $1,379.70. Ms. Mulroy noted this bill has been paid in full and she was now requesting the 34
City compensate her for pain and suffering. 35
36
Mayor Flaherty questioned if Ms. Mulroy had an amount in mind to compensate her for pain and 37
suffering. 38
39
Ms. Mulroy did not have a dollar figure in mind. 40
41
Mayor Flaherty requested City Attorney Riggs speak on the issue. 42
43
City Attorney Riggs noted a claim was process through the League of Minnesota Cities and the 44
claim was denied. 45
Mounds View City Council May 9, 2011
Regular Meeting Page 2
1
Mayor Flaherty asked for comments from the Council. 2
3
Council Member Stigney stated the City has taken the proper steps for this process and the City 4
was determined to not be at fault. 5
6
City Attorney Riggs added that he has not been involved in a City paying out for pain and 7
suffering to an individual and the claim should run through the League of Minnesota Cities. He 8
explained that Ms. Mulroy did have the right to appeal the claim. At this time, the City was not 9
negligent. 10
11
Mayor Flaherty indicated this was an unfortunate event but stated the City has taken the proper 12
measures for the claim. The Council could take action only on public purpose. He encouraged 13
Ms. Mulroy to appeal the case through the League of Minnesota Cities. 14
15
Finance Director Beer stated Ms. Mulroy has contacted an attorney and this attorney spoke with 16
the League. He explained there was no public purpose for the City to make a payment at this 17
time. 18
19
Mayor Flaherty questioned if the Pubic Works staff had been by the location of the fall. 20
21
Public Works Director DeBar stated he had been to the location of the fall and the area had been 22
painted to warm those passing of the uneven surface. He noted that at the time of the fall, there 23
was a freeze/thaw cycle occurring and the ground had heaved the pavement approximately one 24
inch. This section of pavement has since settled. 25
26
Mayor Flaherty apologized again for the event taking place in the City of Mounds View. He 27
noted that the Council could not take action to pay out pain and suffering and encouraged Ms. 28
Mulroy to appeal the claim. 29
30
6. SPECIAL ORDER OF BUSINESS 31
A. National Police Week Proclamation 32
33
Mayor Flaherty read a proclamation declaring May 15 -21, 2011 to be National Police Week. The 34
City salutes its local police officers for their efforts to the community. 35
36
Council Member Gunn questioned if there would be a local event to honor the fallen officers in 37
the State of Minnesota. 38
39
Police Chief Kinney stated a candle lit service would be held on at 7:30 p.m. on Sunday, May 40
15th at the State Capitol. 41
42
7. COUNCIL BUSINESS 43
A. Resolution 7775, Authorizing Severance for Mary Tatarek, Mounds View 44
Accountant. 45
Mounds View City Council May 9, 2011
Regular Meeting Page 3
1
Assistant City Administrator Crane noted Mary Tatarek retired from the City after 30 years of 2
service. She recommended the Council approve a payment $14,213.06 into Mary Tatarek’s 3
retirement health savings plan per the City’s labor agreement. The payment would cover Ms. 4
Tatarek’s unused vacation and sick time. 5
6
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7775, 7
Authorizing Severance for Mary Tatarek, Mounds View Accountant. 8
9
Mayor Flaherty thanked Mary Tatarek for her accounting services to the community. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
B. Resolution 7776, Approving a Step Increase for PSO Craig Swalchick. 14
15
Assistant City Administrator Crane stated PSO Craig Swalchick was an employee of the City at 16
the Police Department. PSO Swalchick has recently received a satisfactory performance 17
evaluation from Police Chief Kinney. For this reason, Staff recommends an increase for PSO 18
Swalchick from Step 1 to Step 2 effective April 26, 2011 in accordance with the AFSCME union 19
labor contract. 20
21
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7776, 22
Approving a Step Increase for PSO Craig Swalchick. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
C. Resolution 7777, Approving Installation of Signage at the Mounds View 27
Community Center. 28
29
City Administrator Ericson indicated this item was first discussed by the Council at the April 25th 30
meeting. The City was looking for new ways to create identity for the Mounds View Community 31
Center. Additional signage would assist with this concern while creating visual awareness. He 32
recommended the Council proceed with the recommended signage to provide further naming and 33
awareness for the south elevation of the Mounds View Community Center. This City suggested 34
using Bethlehem Baptist funds to cover this expense as the economic climate of the community 35
would be enhanced. Staff indicated the low bid for the signage was submitted by JDI Signs and 36
Graphics of Ramsey, Minnesota. 37
38
Mayor Flaherty asked which option would be taken from JDI. City Administrator Ericson stated 39
Option 2 would be taken for an amount of $1,820. 40
41
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7777, 42
Approving Installation of Signage at the Mounds View Community Center with funds to be used 43
from Bethlehem Baptist donation to cover the expense of JDI Signs & Graphics at a price not to 44
exceed $2,000. 45
Mounds View City Council May 9, 2011
Regular Meeting Page 4
1
Council Member Stigney questioned what type of letters would be used. City Administrator 2
Ericson indicated 24” inch molded plastic letters would be used in a black/dark brown color. 3
4
Council Member Stigney did not feel the letters were an economic development expenditure. He 5
suggested the current metal sign be placed in a more proper location. 6
7
Council Member Mueller questioned if she should abstain from the vote as she would be hosting 8
an event at the Community Center later this summer. City Attorney Riggs did not see a conflict 9
on the issue. 10
11
Mayor Flaherty stated the folks traveling along County Highway 10 would not be able to view 12
the new proposed signage. He felt the proposed signage would assist vehicles traveling on 13
Edgewood in identifying the Community Center. The Council could consider lighting in the 14
future if this was a concern. He noted the item has not been reviewed by the EDC to date. 15
16
Council Member Stigney suggested the existing metal sign be moved from one side of the 17
driveway to the other to assist with creating greater identity for the Community Center. 18
Administrator Ericson said the City would explain that option as well. 19
20
Council Member Mueller stated she was in favor of the building signage. 21
22
Ayes – 4 Nays – 1 (Stigney) Motion carried. 23
24
D. Resolution 7780, Authorizing TKDA to Perform Design Services and Prepare 25
Contract Documents for the Lambert Park Building Demolition and 26
Construction. 27
28
Public Works Director DeBar indicated the building at Lambert Park was built in the late 1970’s 29
or early 1980’s. The building was used for storage of park supplies at that time. In 1987, the 30
building was converted to be used as a warming house/park building. He reported the building 31
was now in extreme disrepair and in need of demolition. 32
33
Public Works Director DeBar stated the building has been slated for replacement within the 34
Capital Improvement Plan with the expense covered by Park Dedication Funds. The Park 35
Commission met jointly with the Council last November and the consensus was to proceed with 36
the demolition and replacement of the building. He indicated at the April Park Commission 37
meeting, the Commission recommended the City hire a consultant to perform design services and 38
prepare contract documents for the demotion and construction of the project. 39
40
Public Works Director DeBar reviewed the current usage throughout the year at Lambert Park 41
and then discussed the proposed design of the new building. The City would hope to have the 42
building completed by this winter. City staff solicited bids from engineering firms and TKDA 43
provided the low bid for the project. He recommended the Council proceed with design services 44
from TKDA for an amount not to exceed $24,200. 45
Mounds View City Council May 9, 2011
Regular Meeting Page 5
1
Council Member Stigney questioned if the entire design expense would be taken from the Park 2
Dedication Fund. Public Works Director DeBar stated $15,000 was budgeted from the Park 3
Dedication fund and $15,000 was budgeted from the Special Projects. He indicated these 4
expenses were budgeted for 2010 but were never used. The Council was in favor of completing 5
the building and the Park Dedication Fund had adequate funds to cover these expenses. He noted 6
the same architectural style would be used as the Hillview and Groveland Park building. 7
8
Council Member Mueller questioned if this summer’s street improvement project would affect 9
this project. Public Works Director DeBar noted the street would be completed before the Park 10
building. The City would work to coordinate operations between the two contractors. The final 11
lift of pavement could be delayed until after the building construction was complete. 12
13
Mayor Flaherty requested the street going in and out of the park not be completed until after the 14
heavy trucks were brought in and out of the park property. Public Works Director DeBar noted 15
the roads would withstand 9 ton vehicles. If damage were to take place to the new roadway, the 16
contractor would be at fault. The work would be under warranty for 24 months. 17
18
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7780, 19
Authorizing TKDA to Perform Design Services and Prepare Contract Documents for the 20
Lambert Park Building Demolition and Construction for an amount not to exceed $24,200. 21
22
Mayor Flaherty commented that this building was in great need of repair and Park Dedication 23
Funds were available to cover the expense. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
E. Resolution 7778, Approving Lease Extension with Creative Kids Academy 28
Operating at the Mounds View Community Center. 29
30
City Administrator Ericson stated the City needs to negotiate a lease extension with Creative 31
Kids Academy. The owners of Creative Kids Academy could not support a fee increase at this 32
time. The Council suggested a two year extension to 2013 leaving all other terms and conditions 33
of the lease as-is. The lease has been reviewed by Kennedy & Graven and Staff recommends the 34
Council authorize the extension. 35
36
Council Member Mueller stated the current lease has an inflator in the document. City 37
Administrator Ericson stated this was correct and the owner of Creative Kids Academy has not 38
objected to these terms. 39
40
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7778, 41
Approving a Lease Extension with Creative Kids Academy Operating at the Mounds View 42
Community Center. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council May 9, 2011
Regular Meeting Page 6
1
F. Interim Ordinance 859, an Ordinance Establishing a One Year Moratorium 2
on New Tobacco Licenses. 3
4
City Administrator Ericson explained this item was discussed by the Council at their last meeting 5
as the City’s tobacco license regulations were in need of review at this time. Based on 6
discussions with the Chief of Police there were provisions within Chapter 512 that needed 7
revisions. The proposed Ordinance would allow for a one-year moratorium on new tobacco 8
licenses to allow the Council time to review the City’s current code. 9
10
City Attorney Riggs stated the standard language used in a summary for the Ordinance would be 11
altered slightly. He noted the Ordinance would be effective upon filing and posting by the City 12
13
Council Member Stigney questioned if the Council took action this evening if the Ordinance 14
would be in effect. City Attorney Riggs stated this was the case and would be published in its 15
abbreviated form. He then reviewed the proposed changes with the Council moving Section 3 16
before Section 2. 17
18
Council Member Mueller asked if the property at the corner County Highway 10 and Long Lake 19
Road would be affected by this Ordinance. City Administrator Ericson stated the property would 20
not be allowed to receive a new tobacco license if a tobacco only establishment. However, in the 21
case of convenience stores, there would not be an impact on the licensing procedure. 22
23
MOTION/SECOND: Mueller/Gunn. To Waive First Reading and Introduce Ordinance 859, an 24
Ordinance Establishing a One Year Moratorium on New Tobacco Licenses with the corrections 25
presented by the City Attorney effective upon posting and that a summary be published. 26
27
Mayor Flaherty commented the City Code needed to be brought into compliance with State 28
regulations. 29
30
ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
G. Resolution 7782, Authorizing American Engineering Testing, Inc. to Perform 35
Pavement and Soil Evaluations and Prepare a Preliminary Geotechnical 36
Engineering Report for Mustang Drive, Mustang Circle, Program Avenue 37
and Bronson Drive. 38
39
Public Works Director DeBar stated the Pubic Works Department was responsible for the 40
pavement management and maintenance of City streets and trails. He noted Mustang Drive and 41
Mustang Circle were located in the southern portion of the City in an Industrial Park with a great 42
deal of tractor/truck drive. The roadway was originally built in 1979 and has received minimal 43
maintenance since that time. 44
45
Mounds View City Council May 9, 2011
Regular Meeting Page 7
Public Works Director DeBar explained the roads were in poor disrepair and the Pubic Works 1
Department has received calls about the poor condition of the streets. The original pavement 2
could have had issues. He indicated the Pubic Works Department spent three days patching the 3
area earlier this spring. However, the patching in this area would not suffice and a reconstruction 4
of these roadways was needed. A mill and overlay was not an option given the condition of the 5
roadway and a complete reclamation may be needed. The City would know more after the 6
engineering work was completed. 7
8
Public Works Director DeBar recommended the Council authorize American Engineering 9
Testing, Inc. (AET) to perform pavement and soil evaluations and prepare a preliminary 10
geotechnical engineering report for Mustang Drive, Mustang Circle, Program Avenue and 11
Bronson Drive. The estimated fees for AET would be an hourly rate hourly estimated to be just 12
over $12,000 and funds were budgeted and available in the Street Improvement Fund. Staff 13
recommends a 10% contingency be added to this expense. 14
15
Council Member Mueller thanked Staff for sending a letter to the local businesses regarding the 16
possible work to be completed along Program Avenue, Bronson Drive, Mustang Drive and 17
Mustang Circle. She questioned if the City received any comments from the business owners. 18
Public Works Director DeBar indicated the Staff did receive thanks as the road was now 19
passable. 20
21
Council Member Mueller asked if a full reclamation was needed, would the reclaimed, ground up 22
material be used in the new surface. Public Works Director DeBar indicated the engineering 23
report would provide the City with this information. He noted the new roadways would be 24
created to withstand 10 tons given its proximity to the Industrial Park. 25
26
Council Member Mueller inquired if the engineering reports would assist with the needed Rice 27
Creek Watershed District documentation. Public Works Director DeBar noted if this remains a 28
maintenance project and the curb stays in place, no new documentation would be needed. 29
However, there may be an issue with the water runoff at the intersection of Mustang 30
Circle/Mustang Drive which may require additional water retention or runoff control. 31
32
Mayor Flaherty indicated the testing of Mustang Drive and Mustang Circle should proceed as 33
both roadways were in great need of repair. He questioned if Bronson Drive needed to be 34
repaired at this time, as it was only 15 years old. He asked if there was any warranty. Public 35
Works Director DeBar stated the City had a one year warranty on Bronson Drive and no action 36
could be taken with the original contractor at this time. 37
38
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7782, 39
Authorizing American Engineering Testing, Inc. to Perform Pavement and Soil Evaluations and 40
Prepare a Preliminary Geotechnical Engineering Report for Mustang Drive, Mustang Circle, 41
Program Avenue and Bronson Drive. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
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Mounds View City Council May 9, 2011
Regular Meeting Page 8
8. CONSENT AGENDA 1
2
A. Resolution 7779, Authorizing the Purchase of Gift Certificates for the June 8, 3
2011, Employee Appreciation Day. 4
5
MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
9. JUST AND CORRECT CLAIMS 10
11
Finance Director Beer answered the Council's questions related to claims. 12
13
MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
10. APPROVAL OF MINUTES 18
19
None. 20
21
11. REPORTS 22
A. Reports of Mayor and Council. 23
24
Council Member Mueller commented on several articles in the local newspaper. The Blaine 25
Banner had a nice reminder of the upcoming Aviation Days being held on May 21-22, 2011 at 26
the Anoka County Airport. The event hosted a pancake breakfast along with a hangar dance. 27
28
Council Member Mueller noted the publication produced by the Northern Star Council of the 29
Boy Scouts of America called the Navigator had an article on local Eagle Scouts. She read aloud 30
the names of the recent area Eagle Scouts and congratulated each of the young men on their 31
efforts. 32
33
Mayor Flaherty indicated last weekend was the Spring Clean-Up and he participated in the event. 34
He thanked City Staff for assisting as 244 residents took part in the event. 35
36
B. Reports of Staff. 37
38
1. Review the Capital Improvement Plan 39
40
Finance Director Beer noted the City Charter requires that the Council have a five year financial 41
plan. Several elements within that plan were the Capital Improvement Plan which kept the 42
Council strategizing and planning for larger expenses over the next five to eight years. He 43
recommended the Council review the items planned for 2012 as these would affect the 2012 44
Mounds View City Council May 9, 2011
Regular Meeting Page 9
budget. Finance Director Beer noted the Capital Improvement Plan was a working document and 1
did not bind the Council into taking action on the budgeted items. 2
3
City Administrator Ericson asked how the Capital Improvement Plan would be affected if the 4
County were to take over the County Road H project. Finance Director Beer stated he would 5
make a change to the document only after the County made this change official. 6
7
2. Police Department Quarterly Report 8
9
Police Chief Kinney reviewed with the Council the first quarter Police Department report. He 10
highlighted several areas of interest noting crime numbers have remained quite constant over the 11
past couple years. One of the largest items to note was the calls for service requiring medical 12
assistance has increased which is due, in part, to the aging population of Mounds View residents. 13
14
Police Chief Kinney noted 100 students at Pinewood Elementary enrolled and participated in the 15
DARE program. He indicated the school resource officer had a significant jump in activity from 16
2010 to 2011. The Department was uncertain as to the rise in juvenile activity, which would be 17
monitored further. 18
19
Police Chief Kinney explained the Department hired Nate Garland on March 4th as a new officer. 20
Officer Garland was continuing through the field training program at this time and was doing 21
very well. The Department promoted Steve Menard to Deputy Chief and Tim Wolf was 22
promoted to Sergeant. 23
24
Police Chief Kinney indicated Officer Ben Zender was recognized by Metropolitan State 25
University for his efforts as an Outstanding Student for his last semester in school. 26
27
Mayor Flaherty requested the Chief review the most recent crime alert posted on the City’s 28
website. Police Chief Kinney reviewed the details with the Council. He encouraged all residents 29
to contact the police department with any criminal activity taking place in the City. 30
31
Council Member Mueller questioned if the City had ever considered taking on a K-9 officer. 32
Police Chief Kinney stated surrounding agencies with K-9 officers do assist the City of Mounds 33
View when needed. The City would need to seek grants or complete fundraisers before 34
beginning this initiative on its own. 35
36
3. City Administrator’s Report 37
38
City Administrator Ericson stated the Spring Clean-Up was a great success and thanked all the 39
residents for participating. He commented Ramsey County was presented with a redistricting 40
request. Ramsey County requested the City support the one congressional district and that the 41
County not be split into several districts. He would be following up with Chairperson Reinhardt 42
on the issue and further information would be provided to the Council at a future meeting. 43
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Mounds View City Council May 9, 2011
Regular Meeting Page 10
City Administrator Ericson stated the Twin Cities North Chamber event was being held at The 1
Mermaid on May 10, 2011. A seminar was scheduled from 3:30-5:00 p.m. with networking 2
opportunities to follow. He encouraged the Council to attend to meet the local business owners 3
in the community. 4
5
City Administrator Ericson noted the summer code enforcement issues were typically handled by 6
the PSO. However, these hours were not funded for 2011 and he questioned how the Council 7
would like to proceed with code enforcement concerns this summer. He stated in the past the 8
PSOs hours were increased by 10 hours per week, which was an estimated total expense of 9
$2,500 for the summer months. 10
11
Council Member Hull was not in favor of additional hours for the PSO. 12
13
Council Member Stigney agreed stating the City was trying to reduce expenses at this time. 14
15
Council Member Mueller felt the PSOs hours should be increased by 10 hours during the 16
summer months to address code enforcement concerns in the City. This would be important with 17
the number of foreclosed homes in the City. 18
19
Council Member Stigney stated an increase by 10 hours would allow the PSO to be considered a 20
full time employee and would require full time benefits. Finance Director Beer indicated this 21
was the case and would increase the City’s expenses by $150 per month to cover health benefits. 22
23
Council Member Gunn noted she would support the additional hours by the PSO for the summer 24
months. She felt the City would see the value added from the officer’s assistance to code 25
enforcement issues. 26
27
Mayor Flaherty indicated the original intent in cutting theses hours was to provide the 28
Community Development Department with new computer software. He suggested the hours 29
remain cut and that the staffing hours be evaluated after the summer months. 30
31
C. Reports of City Attorney. 32
33
City Attorney Riggs explained the State had approved new legislation for cities on variances and 34
this information would be passed along to the Council at a future meeting. 35
36
12. Next Council Work Session: Monday, June 6, 2011, at 7:00 p.m. 37
Next Council Meeting: Monday, May 23, 2011, at 7:00 p.m. 38
Mounds View City Council May 9, 2011
Regular Meeting Page 11
1
13. ADJOURNMENT 2
3
The meeting was adjourned at 9:23 p.m. 4
5
Transcribed by: 6
7
Heidi Guenther 8
TimeSaver Off Site Secretarial, Inc. 9