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HomeMy WebLinkAboutAgenda Packets - 1997/12/08 Page 2 City Council Agenda December 8,1997410 2. Consideration of Resolution No. 5194 Approving the Mounds View Matters Newsletter Bid Award to Nystrom Publishing for the year 1998. 3. Consideration of Resolution No. 5173, a Resolution Approving a Wetland Alteration Permit for Lots 17& 18, Block 1, Edgewood Square,Requested by Good Value Homes, Inc.; Planning Case No.506-97 4. First Reading of Ordinance No. 608, an Ordinance Vacating a Portion of a Drainage Easement over and across Lots 17 & 18, Block 1 Edgewood Square, requested by Good Value Homes, Inc.;Planning Case No. 506-97. a. public hearing, continued from 10/27/97 meeting b. first reading 5. Public Hearing at 7:05 p.m. and Consideration of Resolution No. 5183, a Resolution Approving the Silverview Estates Preliminary Plat, Planning Case No. 501-97. a. public hearing b. approval 6. Public Hearing at 7:10 p.m. and Consideration of Resolution No. 5184, a Resolution Approving the Development Stage Review for the Silverview Estates PUD, Planning Case No. 502-97 a. public hearing b. approval 7. Consideration of Resolution No. 5198 an agreement by and between the City of Mounds View and MPHA regarding Silver Lake Commons. 7A. Consideration of Resolution No. 5181 Authorizing Abatement of Nuisances at 2264 Buckingham Lane. 8. First Reading of Ordinance No. 609 Authorizing the City Council of the City of Mounds View to set water rates and surcharges effective with the January 1998 billings. H. REPORTS L Next Council Work Session: January 5, 1997- 6:00 PM • Next Council Meeting: December 15, 1997- 7:00 PM MEMO December 5, 1997 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: December 8, 1997 City Council Meeting Most of what is on the agenda for Monday night should be familiar to Council members from the work session. One item that I did not go over on Wednesday is the newsletter bid award for 1998. We received a fairly good bid from Nystrom to do our newsletters, one within budget with a little room to spare. Staff also contacted various distribution services and settled on the one the Mayor had informed us about on Wednesday called Independent Delivery Services. They deliver the Focus each week and the Mounds View Matters can be delivered at the same time for only $.05 a copy, a rate about half of what we were paying to have the newsletter delivered in the past, and very likely to be more reliable, and considerably cheaper than mailing. This is Item G-2 and staff's recommendation will be to approve the resolution awarding their bid. The other item for me to comment on is the MSP project resolution under Item G7. The Council reviewed this situation Wednesday evening. It appears the direction this has taken has been to first eliminate any possible liability risk to the City through the agreements with the Minneapolis Public Housing Authority through the request for a hold harmless provision. That not being • accomplished with them, Milo Pinkerton offered to include in his agreements insurance meant to apply to situations where the City may have a claim made against it. That is what was discussed with the Council last Wednesday. While it is not as totally secure as the hold harmless provision, it can address most of the risk potential for the City. Bob Long and Scott Riggs of Kennedy and Graven can structure the document language to reflect this and will be presenting that Monday evening to the Council for a final decision. As for other work since the work session, it has only been one day and I do not have much new to report. I am still attempting to arrange a meeting with Silver View town house association once I can determine open dates for the SRF consultant. I expect to have that set up by the end of today. As for the Spring Lake Road project, Bruce and Mike and I will be meeting today sometime to go over this and then can determine the time frame for a Council work session later this month. With that, have a good weekend and see you Monday evening. • Page 1 • November 24, 1997 Li rA cv, : K {� Mounds View City CouncilInd 11 ! 1 2 3 4 5 6 7 8 PROCEEDINGS OF THE CITY COUNCIL 9 CTTY OF MOUNDS VIEW 10 RAMSEY COUNTY,MINNESOTA 11 12 Regular Meeting 13 November 24, 1997 14 Mounds View City Hall 15 2401 Hwy. 10,Mounds View,MN 55112 16 ********************************************************************************** 17 18 A. CALL MEETING TO ORDER: 19 20 The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m.on November 24, 1997. • 21 22 C. SWEARING IN OF NEW COUNCIL MEMBER-ADMINISTRATIVE OATH BY CITY 23 CLERK: 24 25 Mr.Whiting administered the Oath of Office to Ms.Sherry Gunn,newly elected City Council member. 26 Ms. Gunn was accompanied by her daughters,Amanda and Alissa. 27 28 B. ROLL CALL: 29 30 MEMBERS PRESENT: Mayor McCarty,Council members Koopmeiners, 31 Gunn,Quick and Stigney 32 33 ALSO PRESENT: Chuck Whiting,Clerk Administrator 34 Rick Jopke,Community Development Director 35 Michael Ulrich,Director of Public Works 36 Bob Long,City Attorney 37 38 D. APPROVAL OFMINUTES: 39 40 1. Regular Meeting of November 10,1997 41 42 MOTION/SECOND: Koopmeiners/Gunn to approve the minutes of the Regular Meeting of November 10, 43 1997 as presented in writing. 44 45 VOTE: 5 ayes 0 nays Motion Carried • 46 47 E. SPECIAL ORDER OF BUSINESS: 48 Page 2 November 24, 1997 , 1 • Mounds View City Council j 9 '` 4, '- �� � 1 ��� y t sa',s.� �� �� A ,Iii -lam.j ) J L� i a rj 1 None. P.... 2 3 F. CONSENTAGENDA: 4 5 Council member Stigney requested that Item(3.)be removed from the Consent Agenda for discussion. 6 7 MOTION/SECOND: Stigney/Koopmeiners to approve the Consent Agenda with the removal of Item 3. 8 9 VOTE: 5 ayes 0 nays Motion Carried 10 11 Mr. Stigney asked for a clarification on Item 3. Mr.Jopke,Community Development Director explained that 12 the grant agreement referred to in Item 3 is for a grant of$5,070. The city has received an estimate for the 13 updating of the Comprehensive Plan in the amount of$93,200,however,he expects that this will be reduced 14 significantly. 15 16 MOTION/SECOND: Stigney/Koopmeiners to approve Item F(3)of the Consent Agenda. 17 18 VOTE: 5 ayes 0 nays Motion Carried 19 20 G. RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: 21 • 22 Mayor McCarty explained that this is the time for residents to address the council with concerns on items that 23 are not on the Agenda. 24 25 There were no questions or comments from the floor. 26 27 H. COUNCIL BUSINESS: 28 29 Mayor McCarty asked that Item 11(2)be considered prior to H(1). 30 31 2. Consideration of Resolution No.5185,Authorizing the Mayor and the Clerk-Administrator to 32 execute a Cooperative Agreement,a Joint Power Agreement and a Development Agreement with the 33 Minneapolis Public Housing Authority and MSP Real Estate regarding the Silver Lake Commons 34 Project. 35 36 Mayor McCarty asked that the City Attorney respond to his memo regarding the MSP Project and the initial 37 agreements and the operational agreement for this project. He stated his concern in that there was no 38 clarification as to how long the agreement would go. Attorney Long explained that the initial agreement term 39 would be 40 years and would be tied back to the Cooperative Agreement. The forty year period is the period 40 in which HUD would operate this through the MPHA. 41 42 Mayor McCarty noted that throughout the process,the developer has assured the city that the implementation 43 agreements were only a formality. He is unable to locate an assurance clause for long term city costs relevant 44 to the agreement. He does not feel the"formality"should cost the city anything 45 and felt there must be a clause in the agreement that would insure that the city would get full reimbursement for 46 all activities in the future. Article#3 on Management limits the agreed on-site management requirement for • 47 five years. He would like to see this amended to insure that the on-site management operation would go on for 48 the life of the agreement. Item#4 in Article#3 should be amended to assure that the maintenance funds '7 Page 3 i. November 24, 1997 IL Mounds View City Council 1 would be continuing and sufficient and adjusted for inflation as required. The Hold Harmless Clause seems 2 to affect body injury and property damage only. He wondered if the injury provision would include tort liability 3 such as Human Rights litigation. 4 5 Attorney Long explained that the way the clause is currently worded,per request of the MPHA,it would need 6 to be a result of negligence or a breech of the agreement. It is his understanding that the city would not be 7 covered under MPHA's language,but would be covered by the insurance language. However,if the developer 8 went away due to bankruptcy,etc.the city would not have the protection from the MPHA. He would like to 9 get additional language incorporated for added protection. Mayor McCarty commented that he would feel 10 much more comfortable having the MPHA or HUD involved in the indemnification. 11 12 A discussion continued as to timing concerns. Attorney Long stated he believes the developer would have 13 until the end of the year,but would likely face penalties. 14 15 Council member Stigney stated the residents have concerns with this project He strongly opposes the project 16 as well and noted that the city is not under any obligation to sign the contract and would urge the council to 17 reconsider. Mayor McCarty noted that the project is in conformance with all building codes and therefore 18 there is no reason for denying it. Council member Stigney noted that he does not feel the city should support 19 the use of public funds for the project. Furthermore,if the developer wishes to come in and complete the 20 project using his own funds,he would have no problem with it. • 21 22 MOTION/SECOND: Koopmeiners/Gunn to table Resolution No.5185, until the concerns addressed have 23 been resolved. 24 25 VOTE: 4 ayes 1 nay(Stigney) Motion Carried 26 27 1. Consideration of Resolution No.5182 to consider the reconstruction of Spring Lake Road/County 28 Road L 29 30 Mayor McCarty opened the Public Hearing at 7:25 p.m. 31 32 Mr.Ulrich,Public Works Director,introduced Barry Peters,Project Manager, Glenn VanWormer,Traffic 33 Engineer,and Steve Campbell,City Engineer. Mr.VanWormer provided some basic background information 34 about pavement management,curb and gutters,street widths and street utilization. Mr.Peters of SEH 35 provided a map of the project area. He noted that the project area currently has sanitary sewer over the length 36 of it so this has not been included as part of the improvements. Water mains will need to be installed on 37 County Road I from Pleasantview to Spring Lake Road. The roads are anticipated to be a part of the 38 Municipal State Aid system that the city has and therefore there is certain criteria which need to be followed. 39 Mr.Peters went over the design standards for MSA roadways,dated April 1996. Information was provided 40 for both suburban and urban design roadways. He explained the three options/alternatives for water 41 collection over the project area. 42 43 Mr.Peters briefly went through the city's current assessment policy. He provided information in regard to the 44 estimated project costs which included contingencies,engineering,administration,fiscal,legal and 45 miscellaneous costs. Estimated construction costs were provided for roadways ranging from 32 feet wide to 40 46 26 feet wide. It was noted that one of the options presented,a 28 foot Cold In-Place Recycling of the existing 47 asphalt without curb and gutter would not be eligible for MSA funding. An estimated project schedule was 48 presented,indicating an estimated construction completion date of 9/15/98. 1 ma 9r'n Page 4 � j �'�j j rA -1, , ' 3� November 24, 1997 • Mounds View City Council 1 Mr.Ulrich explained that based upon input,staff has come up with a recommendation which would essentially 2 be a compromise between the current city standards and the acceptable designs posed 3 by the questionnaire Ms.Hawke prepared. Staffs recommendation is for a 28 foot wide roadway on a portion 4 of Spring Lake Road with a 26 foot wide roadway on County Road I and a small part of Spring Lake Road with 5 curb and gutter. He noted that staff continues to be concerned about potential parking problems for residents 6 if the design of the roadway does not allow for parking. 7 8 Council member Stigney asked what MSA funds would be lost if the city chose the option that would not be 9 MSA funded. Mr.Ulrich noted that it would be a percentage of the total cost,however he did not have the 10 exact figures available. However,not only would they lose the construction dollars allotted for the project at 11 this time, plus future maintenance dollars and reconstruction dollars for that segment of mileage. Because this 12 is a county road turn back,this will be the only opportunity for the city to consider this road for state aid 13 funding. 14 15 Council member Quick asked what width that portion of Spring Lake Road is in the City of Spring Lake Park 16 Mr.Ulrich noted that it is 32 feet wide. Mr.Whiting asked what the life span of the various options would be. 17 Mr.Peters noted that this is difficult to establish as it will be based upon the amount of traffic on the roadway. 18 If the road is sealcoated approximately every 4 to 5 years,it could be expected to last twenty years; the time 19 would likely be reduced without curb and gutter. Mr.Ulrich gave examples of other projects,noting that 20 those without curb and gutter experience significant deterioration. . 21 22 Mayor McCarty asked about the loss of mature trees in the project area,noting that this has been a concern of 23 residents all along. Mr.Peters stated he will be able to provide more information after a design has been 24 decided on. 25 26 Barb Haake,3024 County Road I,asked what portion of the project area is currently designated as MSA 27 roadway. Mr.Campbell,City Engineer noted that none of the project area is MSA at this time. By the end of 28 the year,the city must certify to the state how the road is to be designated. Ms.Hawke stated she believes 29 there are many other roads in Mounds View that could be designated MSA roadways and according to a 30 representative she spoke with,the money would not be lost and it would stay in a fund and could accumulate 31 for a period of time before it would need to be expended. The cost estimate she received over the phone for a 32 similar roadway was considerably less than the city's,however with the additional 25%for engineering fees and 33 contingencies,it would add a significant amount. 34 35 Council member Quick clarified that only turn back roads could be designated as MSA roadway,therefore the 36 funds could not be used unless the road under consideration met certain criteria. 37 38 Ms.Haake noted she still believes there are other streets that could be designated MSA and she would like 39 professional research done to show that Additionally,she explained that residents were never told that there 40 was an option to leave the street width as it currently is(24 feet). They were also told that curb and gutter was 41 required-they later found out that with an urban design,it is not required. She stated she would like to obtain 42 information in regard to the difference in dollar amounts that the city would receive each year if the entire 43 project were to be designated as MSA roadway. Another suggestion would be to do an asphalt road with a 44 two foot concrete section on both sides to protect the edges of the road. Ms.Haake noted that residents would 45 not be so disturbed if they felt that the turn back funds were being applied to this particular project. She felt 46 the city should tell Ramsey County to fix the road up and keep the funds so that the residents wouldn't be left 47 with the assessment. Ms.Haake noted that the best way to treat storm water is to have a holding pond. An 4 7 Page 5 November A mber 24, 1997 d a �� Li" • Mounds View City Council 1 alternative to the option presented by Mr.Peters would be to purchase a vacant lot and create a holding pond 2 there. 3 4 Ms.Haake stated she would request that the council not to expand the project of upgrading Spring Lake 5 Road/County Road I beyond what is really needed to provide a smooth driving surface for movement of traffic, 6 maintain good water quality/quantity by letting the water run off remain where it is and minimize the cost to the 7 city and its residents by budgeting the road improvements with everyone and the city 8 within all of their meens and what is best everyone. 9 10 David Jahnke,8428 Eastwood Road,noted that in regard to water run off,each tree requires 55 gallons of 11 water to grow and there are plenty of trees on that street to take care of this. 12 13 Mary Malrick,8289 Spring Lake Road read a statement in regard to the proposed project. According to State 14 Statute 429,an assessment must not exceed the benefit it brings to the property. She noted that she is not 15 certain that the increase in value to her property would be equivalent to the improvements assessed to her 16 property. She believes this project,which started out as a simple road project,has turned into a water 17 management fiasco. She wonders if any other viable options have been explored,such as routing the water to 18 another area. Furthermore,she questioned how much responsibility she must bear in paying for the water 19 treatment project of Spring Lake(this is a tri-city resource). She stated she is not sure that her assessments 20 reflect improvements only to her road-she would like to see a detailed cost analysis for each road. She • 21 asked when the assessments will be adopted. She noted that if the residents vote down the project by petition, 22 the project will be put last on the list for reconstruction-she stated this offends her belief of the democratic 23 process. She stated if the city cannot adequate address concerns raised by residents,she respectfully would 24 request that the Council postpone the project until sufficient information is available. 25 26 It was noted that the assessment hear is proposed to be in October of 1998. 27 28 Brian Kaden,7675 Spring Lake Road,noted that the county turn back funds are put into a city fund for the 29 repair of city streets and therefore are not directly applied toward the repair of the turn back road According 30 to the currently policy,the$590,000 in turn back funds is going towards the city's share of the project costs,not 31 toward the resident's share. He feels the council should take the funds and the MSA funding and use it to 32 directly reduce the assessments to residents on the affected roadway. The city should not be making profit at 33 the expense of its residents. Mr.Kaden read a letter that he received from Bonnie Hagel,a Real Estate Agent, 34 in regard to the value that the future road improvements would bring to the residents. It is her opinion that the 35 cost benefit to his property would be$0. Additionally,he is located on a corner lot and therefore is being 36 assessed for the two roadways. He objects to this as it does not make his property any more valuable. He 37 noted that if the city is paying engineering fees at a percentage of the total construction costs,there are no 38 incentives for the engineers to keep the cost of the project down. In regard to the proposed removal of the 39 Stop Sign on Spring Lake Road,Mr.Kaden asked that the city re-consider this. He would like to see a three- 40 way stop at every intersection to provide a safer roadway. If the proposed trailway will be on the other side of 41 the street,he asked that the city provide a crosswalk at the intersection. He noted that he is against the 42 proposed curb and gutter. He asked that the city council review the survey once again and give the residents 43 what they really want. 44 45 Doug Thompson,7841 Spring Lake Road,noted that the current Assessment Policy,especially with regard to 40 46 MSA and turn back funds,tends to increase the cost of the project. The assessment policy essentially ends up 47 giving the city an extra dollar for every two dollars that are spent(the MSA funds go into the city's fund plus 48 the residents are assessed). This allows the city to increase the funds available for the entire reconstruction, Page 6 = -^� � November 24, 1997 , ; ; ' ✓ r • 5 ' Mounds View City Council `�✓ ; L 1 but maximizes the amount they spend on any one particular project. There are limits on the MSA funds,but 2 right now there are no limits on the assessments. He asked that the council consider putting a cap on 3 assessments. It would be better to calculate the maximum amount that can be afforded and then see what 4 improvements can be done with that dollar amount. If the cost of the project is greater than the dollars,the 5 project should be scaled back,or another funding source should be sought. 6 7 Dan Coughlin,8468 Spring Lake Road,stated he feels a 24 foot wide roadway is sufficient. Making a wider 8 road only increases the speed of the traffic. Gutters route contaminants to one area. Without gutters,nature 9 takes care of it. The aesthetics of the road will be affected if trees are removed. He asked that the Council 10 consider just making road improvements and leaving the rest. MSA funding will essentially cost him more as a 11 resident. 12 13 Mike Heglund,7604 Spring Lake Road,stated he believes that the city is only concerned about the MSA 14 funding for the road-and that safety really has nothing to do with it. He thinks that the policies need to be 15 looked at before any proposals are considered. 16 17 Cameron Obert,8315 Greenwood Road,stated he thinks the city needs to make a policy and stick with it. 18 He does not think the policy should be changed for each project. 19 20 Pat Severson,asked why the residents on County Road J weren't assessed for the reconstruction of their road. 21 Mayor McCarty explained that the reconstruction of the road was necessary in order to force William's Pipeline • 22 to put the pipe deeper after the explosion. The County policy is to not assess construction projects on County 23 roads. The county funds and MSA funds were used in order to expedite the project and avoid the lengthy 24 assessments hearings. 25 26 Mayor McCarty stated it is his suggestion that the Council look at the assessment policy again with the idea of 27 serviceability,long term value and its benefit to the city. He believes perhaps that a workshop meeting should 28 be held to review the policy. 29 30 David Malrick,8289 Spring Lake Road,stated he does not feel one set policy should dictate all projects. 31 Everyone is different,every situation is difference and the roads are all different. The City Council should do 32 what is best in each individual situation. 33 34 Brian Kaden,7675 Spring Lake Road,noted that Spring Lake Road and County Road I are turn back roads and 35 that the county gave the city a certain amount of money to fix the roads. He feels the money should be used 36 directly to reduce the resident's assessments for this particular project. Mayor McCarty noted that the turn 37 back funds came back at 80%,not 100%. 38 39 With no further comments, Mayor McCarty closed the Public Hearing at 10:23 p.m. 40 41 MOTION/SECOND: Stigney/Quick to hold off on the project and to address the residents'comments in 42 regard to Spring Lake Road/County Road I Projects, in relationship to the current assessment policy. 43 44 VOTE: 5 ayes 0 nays Motion Carried 45 46 Brian Masters,8297 Spring Lake Road,asked that residents be kept informed of the process. 47 • X 71` __\ ^""`� 7— } y"1 Page 7 a ' 1 1 y ' ,# • November 24, 1997 124 vArii Mounds View City Council 1 Mr.Ulrich asked if the public hearing procedure will need to be followed again. Attorney Long explained 2 that under the City Charter,the city has met the requirements for a public hearing. Under the city's charter,the 3 city could not take any action for 60 days. Studying this policy for 60 days would be in keeping with the 4 charter requirements. However,if a specific date is not set for a new hearing tonight,a new notice would need 5 to be published. This hearing will serve as the starting date for the 60 day period,and the city would not be 6 required to wait another 60 days after the other hearing to implement the project. 7 8 3. 1998 Budget Presentation. 9 10 MOTION/SECOND: Koopmeiners/Gunn to remove Item 3 from the Agenda and review it on December 3, 11 1997. 12 13 VOTE: 5 ayes 0 nays Motion Carried 14 15 I. REPORTS: 16 17 Report of Mayor: Mayor McCarty stated he has received calls from residents in regard to speeding 18 violations in Mounds View. One resident has requested that the Mounds View Police Department provide all 19 names of violators to the Newspaper for publication. Another resident has asked if something can be planned 20 for youth by the Park and Recreation Department to provide entertainment during the winter months. • 21 22 Report of Council members: 23 24 Koopmeiners: No report. 25 26 Stigney: No report. 27 28 Quick: No report. 29 30 Report of Clerk Administrator: No report. 31 32 Report of Attorney: No report. 33 34 J. NEXT COUNCIL WORK SESSION: December 3.1997-6:00p.m. 35 NEXT COUNCIL MEETING: December 8.1997-7:00 p.m. 36 37 K. ADJOURNMENT: 38 39 Mayor McCarty adjourned the Council meeting at 10:44 p.m. 40 41 Respectfully submitted, 42 443 4 yl��l(bc> z/ ',l� /51. GLS-' 45 Tamara D. Saeflce io 46 Recording Secretary 47 48 ffff► Page 1 . t A • November 10, 1997 g4+ Mounds View City Council r1 j ° a PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting November 10,1997 Mounds View City Hall 2401 Hwy. 10,Mounds View,MN 55112 ********************************************************************************** CALL TO ORDER 110 The Mounds View City Council was called to order by Acting Mayor Koopmeiners at 7:00 p.m.on November 10, 1997. PLEDGE OF ALLEGIANCE ROLL CAU, MEMBERS PRESENT: Council members Koopmeiners, Quick and Stigney MEMBERS ABSENT: Mayor McCarty ALSO PRESENT: Chuck Whiting,Clerk Administrator Cathy Bennett,Economic Development Director Michael Ulrich,Director of Public Works Bob Long,City Attorney A. ADDITIONS TO THE AGENDA: Mr.Whiting noted that he would like to have a brief follow-up discussion on the City Hall HVAC System. B. APPROVAL OF MINUTES: 1. October 27,1997-City Council Meeting: MOTION/SECOND: Quick/Stigney to approve the minutes of the October 27, 1997 City Council meeting as 1111 presented. VOTE: 3 ayes 0 nays Motion Carried Page 2 November 10, 1997 • Mounds View City Council 2. Canvassing Meeting Minutes of November 5,1997: MOTION/SECOND: Quick/Stigney to approve the minutes of the November 5, 1997 Canvassing Meeting. VOTE: 3 ayes 0 nays Motion Carried C. SPECIAL ORDER OF BUSINESS: None. D. CONSENT AGENDA: MOTION/SECOND: Quick/Stigney to approve the Consent Agenda as presented. VOTE: 3 ayes 0 nays Motion Carried Mr.Bob Wharton of the Lion's Club was present to answer any questions that the Council may have had in regard to their request in Item 4 of the Consent Agenda. He provided a brief summary of some of the charitable donations that the Lion's Club has made in the past,noting that approximately 80%of the money goes back into the City of Mounds View to families in need or to the school system,and City Hall. He provided the Council with a list of the charitable donations over the past two years and the amount • expended. E. RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: Acting Mayor Koopmeiners explained that this is the time for residents to address the council with concerns on items that are not on the Agenda. There were no questions or comments from the floor. F. COUNCIL BUSINESS: 1. Ordinance No.605,An Ordinance Implementing a Franchise Fee on Electric and Natural Gas Utility Companies for the Operation of the Utility within the City of Mounds View. Acting Mayor Koopmeiners opened the Public Hearing at 7:09 p.m. Mr.Whiting explained that passage of this ordinance would continue the franchise fee into 1998 at a decreased rate of 2.5%. The past five years,the franchise fee has been at 3%. The franchise fee would sunset on December 31, 1998. With no further questions,the Public Hearing was closed at 7:11 p.m. MOTION/SECOND: Quick/Stigney to approve the adoption of Ordinance No.605,An Ordinance Implementing a Franchise Fee on Electric and Natural Gas Utility Companies for the Operation of the Utility within the City of Mounds View,and to waive the reading. • ROLL CALL VOTE: Page 3 November 10, 1997 a Mounds View City Council Acting Mayor Koopmeiners aye Council member Quick aye Council member Stigney aye Motion Carried(3-0) 2. Second Reading of Ordinance No.606,An Ordinance Amending Cable Franchise Ordinance No. 319,Article II,Section 4,Franchise Term. Mr.Whiting explained that this item was discussed at a recent Council Work Session as well as the last Council meeting. The existing Cable TV Franchise Agreement expires soon and there will be a time lapse until the new Agreement goes into effect. Therefore it is necessary for the City to extend the term of the existing agreement to January 1998. Staff expects that the new agreement will be in place by that time and it will be brought back to the Council at that time. MOTION/SECOND: Quick/Stigney to approve the Second Reading of Ordinance No.606,An Ordinance Amending Cable Franchise Ordinance No. 319,Article II,Section 4,Franchise Term,and to waive the reading. • ROLL CALL VOTE: Acting Mayor Koopmeiners: aye Council member Quick: aye Council member Stigney: aye Motion Carried(3-0) 3. Follow-up Discussion of HVAC System at City Hall. Mr.Ulrich,Director of Public Works,explained that the City Hall building experienced a heating problem today which was resolved,however some decisions will need to be made in regard to repair of the air conditioning units and roof. He noted that the roof has a number of holes/leaks which should be repaired as soon as possible. He will be obtaining some cost estimates for these spot repairs. He explained that all air conditioning unit repair/replacement options include re-roofing the building. Staff would like to obtain input from the Council as to how much they feel is economically feasible to put into the building. Council member Quick noted that the options basically include replacing the existing units or go with a higher tech system and he would suggest that staff be directed to look at both of these options and get some figures on what it will cost to replace the bad units and what it would cost for a better system. Mr.Ulrich noted that the minimal repairs necessary would range from$30,000 to$40,000 which would include the replacement of three defective units and patching of the roof. A discussion followed. It was the general consensus of the council members that the roof repairs must be made as soon as possible. It is roughly estimated that this will cost between$3,000 and$5,000. MOTION/SECOND: Quick/Stigney to direct staff to proceed with getting bids for roof repairs not to exceed $10,000,and to execute such contract as required(Mayor's signature). Page 4 +� � j L November 10, 1997 411 Mounds View City Council VOTE: 3 ayes 0 nays Motion Carried G. REPORTS: Report of Council members: Koopmeiners: No report. Stigney: No report. Quick: No report Report of Clerk Administrator No report Report of Attorney: No report. IL NEXT COUNCIL WORK SESSION: November 17.1997-6:00 p.m. NEXT COUNCIL MEETING: November 24.1997-7:00 p.m. L ADJOURNMENT: • MOTION/SECOND: Quick/Stigney to adjourn the November 10, 1997 City Council meeting at 7:35 p.m. VOTE: 3 ayes 0 nays Motion Carried Respectfully submitted, Tamara D. Saefke Recording Secretary 1111 Ticm RESOLUTION NO. 5186 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION FOR FIRE MOTOR OPERATOR ELROYD. THORSON WHEREAS, Elroy Thorson has been a Fire Motor Operator and Fire Fighter for the Spring Lake Park/Blaine/Mounds View Fire Department completing 15 years of service; and WHEREAS,Elroy joined the Fire Department May 26, 1982 and was appointed as Acting Fire Motor Operator at Station Three in December of 1985;and WHEREAS, Elroy was certified at the Firefighter 1 level in 1989 and at the Firefighter II level in 1990; and WHEREAS,Elroy has attended various areas offirefighting including fire motor operator, vehicle extrication and maintained his First Aid/CPR certification; and WHEREAS, Elroy has responded to 1,400 fire calls and attended over 675 weekly drills;and • WHEREAS, in 1986 he was presented a Merit Service Award for attending the most drills at Station Three; and WHEREAS,Elroy has exercised his skills serving the community by participating in fire prevention presentations and public fire education events during the annual Open House and Santa tour;and WHEREAS, Elroy will retire from the Fire Department November 30, 1997 and the City of Mounds View appreciates and commends Elroy for his many years of dedicated and loyal service to the Fire Department and the community. NOW, THEREFORE,I,Duane McCarty,Mayor for the City ofMounds View, and members of the Council, employees of the Spring Lake Park/Blaine/Mounds View Fire Department and residents of the City ofMounds View, express their appreciation to Elroy Thorson for his devoted service as a Firefighter and Fire Motor Operator. Presented this 8th day of December, 1997. Duane W McCarty,Mayor ATTEST: 11111 SEAL: Charles S. Whiting, City Administrator Ti CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City Council of Mounds View, pursuant to Minnesota Statutes 412.241, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 57854 through 57964 in the amount of$ 254,583.00 57519 through 56523 in the amount of$ 154,510.44 through in the amount of$ • through in the amount of$ TOTAL AMOUNT OF CLAIMS PRESENTED $ 409,093.44 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 12/09/97 by the vote ayes nayes Mayor Clerk-Administrator • -'AGE 1 ACCOUNTS PAYABLE CHECK REGISTER 21F-C10-01 MOUNDS VIEW VENDOR CHECK CHECK:: INVOICE INVOICE ANC AMOUNT VENDOR NAME NUMBER DATE INVOICE NMBR DATE 3' '.: CONAGRA 57854 12/09/97 11/20/97 18.00 VENDOR R TOTAL 18.00 C)5' 2'2 RACH, RENEE 57855 12/09/97 11/20/97 18.04 VENDOR TOTAL 16.04 52110 JONES, JOE 57856 12/09/97 11/30/97 19.00 VENDOR TOTAL 17, .00 58201 CENTURY COLLEGE 57857 12/09/97 11/21/97 144.81 VENDOR TOTAL 14.4.81 71110 AMERICAN HEATING & AI* 57858 12/09/97 11/18/97 40.50 VENDOR TOTAL 40.76 71130 AMIGOS 57859 12/09/97 11/20/97 76.00 VENDOR TOTAL i AL /6.00 71131 FA I RF I EL.D INN 57860 12/09/97 11/20/97 -:17.0: VENDOR TOTAL 1 7.08 71135 AMERICAN AMUSEMENT AR* 57841 12/09/97 1'2/09/97 450.00 VENDOR TOTAL 1 AL 4:0.00 7721I1HIX, DAVID E. 5786 12/09/97 11/26/97 80.00 VENDOR TOTAL A0.00 W)285 AT&T 57863 12/09/97 11/18/97 = .56 VENDOR TOTAL 3.56 ;0299 AT&T WIRELESS SERVICE* 57844 12/09/97 8871843 11/15/97 28.75 VENDOR TOTAL 1 AL 2 . / j ;0905 ADDIE LANE FLORAL 57865 12/09/97 1091 11/30/97 r1-...-7,7: VENDOR TOTAL .93 3940 ALL CITY ELEVATOR, IN* 57866 12/09/97 971037 12/01/97 62.00 VENDOR TOTAL 62.00 '4985 AMER LINEN & APPAREL * 57867 12/09/97 M3:3021125 01/25/97 . : 01 . 11 VENDOR TOTAL t AL 201 . 11 '5123 AMERICAN OFFICE PROLIU* 57868 12/09/97 315256 11/21/97 165.50 57,566 12/0-7,/3;7 1,12;.Lo ' 11/21/7;7 17.66 57868 12/09/97 3150881 11/21/97 A.9 77866 12/0 '/7/ 314_)71 11/14/7,7 MA-7, 57868 12/09/0/7 3145142 11/14/97 49.63 J/000 1.:: ./•V"/ ••'/ _�.L.J%ill 11/14/;7 6. _i VENDOR TOTAL -.'47.00 111 AGE ACCOUNTS r A'(ABLE CHECK REGISTER P-C10-01 MOUNDS VIEW 4 DOR C Gt4LrrJR I'ICl,1'••. L,1"7Gl.,t'••. INVOICE INVOICE D NO VENDOR NAME NUMBER DATE INVOICE NC SBR DATE AMOUNT il,O & S INDUSTRIES, INC 3786; 12/0.^'/9 10154651 11/14/7,7 120.4_ VENDOR TOTAL 10.43 2065 BEISSUENGER 'S 57870 12/09/97 47771 = 11/17,/97 8.2. 57870 12/09/97 472007 11/10/97 20. 18 57870 12/0;/;7 466;,:,: - 11/24/7,7 1 6. '4 VENDOR TOTAL 39.41 2025 BENNET T, CATH'( 57871 12/08/.97 11/=:0/'77 ;7.7R VENDOR TOTAL 97.58 2656 BEST BUY CO. , INC. 57872 1.2/09/'~7 0110116827 11/1-x/'''7 14.R; 57872 12/09/97 0110117539 11/25/97 4. 5 tirl.1/- 1.:./,.),/'''/ 12/0;/;7 7- . ;e7,- 57872 12/09/97 0110112592 09/18/97 114.99 VENDOR TO T AL 61 . 15 3200 BOB 'S PERSONAL COFFEE* 57873 12/09/97 105 616 11/13/97 91 .97 VENDOR T O I AL ;j 1 .7,/ 3205 BOD I NSKI , JOEL 57874 4 1 2/09/97 11/21/97 707.63 VENDOR TOTAL /07.43 6750 BRAD RAGAN INC 57875 12/09/97 004159 11/03/97 87.23 IIIVENDOR TOTAL 267.23 S784 BRAUN INTERTEC CORPOR* 57876 12/09/97 098061 11/20/97 1574.77 VENDOR TOTAL 1374.77 7010 BROADWAY RENTAL EQUIP* 57877 12/09/97 230041 08/14/97 111 .8? VENDOR TOTAL 111 . 7180 BUMPER TO BUMPER 57878 12/09/97 D272766 11/20/97 43.84 i/6/6 1.: /ii%/:%/ LFL/,..,:lv 11/1 "/'7 11 .65 VENDOR TOTAL 55.47 :,6S5: _ CARLSON TRACTOR & CQ 1 £ 77R7; 12/07,/';7 1000446 11/2.0;7;7 ` is".4: - - VENDOR TOTAL =5.675 .6' r 823 COMMONWEALTH LAND TIT* 57880 12/09/.7,7 11/27/.7,7 . 0: 14. 10 57880 12/09/97 10/27/97 332'3.54- VENDOR _''2 .54- VENDO"l TOTAL 1F !0.=i6 /96 COPY EQUIPMENT, INC 57881 1 /09/97 0073185 11/10/97 86.74 VENDOR TOTAL i AL 6. /4 -,000 COPY SALES, INC. 57882 12/09/97 1576:3A 11/20/97 66.95 1 III _i/s,c..= i.i,itJ,-i/ '/ 037;1 ; llJl+_./' '/ _ w {:� VENDOR TOTAL 105.7:3 • =AGE _ ACCOUNTS F A YABLE CHEM REGISTER W-C 10-01 MOUNDS VIEW VENDOR CHECK: CHECK INVOICE INVOICE N VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT .-.�n - 57- - - ♦+ 11 /1R' :'/ 5.4 �r_.t,,,,__+ t,uTTci�iS INC _ / i_�:.; i,./ .�.'/ ?•/ / ! •�-- VENDOR TOTAL --“,1.A9 :7500 CUR T I S 1000 INC. =17884 1'2/09/ :%7 1 591_50 1-f.i 1 1 .1./ ".-/ -/ 342. 7,4 57884 12/09/97 15458701 0 1 11/17/97 514. 14 VF.NtiOR TOTAL ,:-...77.; ,6.2, D0465 DAHLF`.E TRAILER SALES,' 57880 12/09/97 000:7:1770 11/23/97 105.38 VENDOR TOTAL 4 AL 105. - - :14830 DISCOVERY ZONE 57884 12/09/97 11/20/97 97.74 VENDOR TOTAL 97.74 9020 ER I CFK:.SON`•S NEWMARKET 57887 12/09/97 5423-0005 11/25/97 17.54 VENDOR TOTAL 1 /. :54 E9028 ER I CSON, JIM 57888 12/09/97 12/03/97 63.88 VENDOR TOTAL 43. = M 9095 EXECUTONE 57889 12/09/97 99 '4%. 11/21/97 201 .21_-• /o.:. l i/V /:'I .' '......-'1'1- 1 L/iii/,.�./ 2 •4. _.7 VENDOR TOTAL 536. 13 :i5,;_:.+ FACTORY MOTOR FARTS C* 5 690 12/09/97 4-0=5336 11/20/97 10. 11 VENDOR TOTAL . 10.51 -3325 FORCE AMERICA 576,71 12/09/97 132071 11/24/97 392.8.42, VENDOR TOTAL 3988.43 =4066 FRANKLIN QUEST CO •J/0 7.... 1,-/V"'/ +'/ 1. f �'y:.S'1 0'.'/08/-'7 2,•;. 13 VENDOR . 1'- VENDOR TOTAL 29. 18 =4375 f'RIDLEY , CITY OF 77.=9'7, 12/09/+7 0003100706'12 11/2:1/97 1:1;.00 57:_.9.1. 12/09/97 000810250052 11/2 /97 =:0.00 .J/0-,:. 1 .../.,./-/ -/ t_%..VC I..' i__ii-;i_i.I 11/-.../ -/ 30.00 57F:97: 12/09/97 00080'9.50052 11/25/97 0.00 571_ - 3 1.i/V-/%7 hl006lii:ii_0052 11/.x.5/='7 _1' . ,1 5 . . .3 , l '97 •te5. 52 _+7�:;'j:-. 1'_;fj'7/ -f/ 000��10... fit:).} • 11/25/97 7:0.00 57,7.97, 12/0=/=7 7/ 'J''V_.1';1 f_;i:3, 11/27/7,7 36.66 07_:9_; 12/09/97 000R09950052 11/25/97 x/97 0.00 3,c.;'... 12/V7/97 060610750632 11/25/97 50. 7:1 m7_93 12/09/97 000809550052 11/25/97 7:30.00 576=3 12/09/97 00660=75 05 11/27/97 0.60 57893 12/09/97 000810450052 11/25/97 54.81 57:: - _ 12/0%177 06V_:10'_..1VV3,: 11/27/=7 44. :1 VENDOR TOTAL 479.24 160 FURS i' GROUT, INC 573=3 12/0=/=7 11/22/ / 7. -7 .,.. VENDOR TOTAL 7.25 • OE 4 ACCOUNTS F A'(ABLE CHEM REGISTER ER `-C10-01 MOUNDS VIEW ;NDOR CHECK CHECK INVOICE INVOICE D I NO ENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT ,45.1 l7LASSMAS I ERS, INC 77,;;A 12/09/;'7 00027;58 11/24/97 40.i„0 VENDOR TOTAL 40.00 -� t iINC _1787'/ 12 V/-7 4Y/-141430-2 11 1 //9/ :ii. iJ ,7;-r- W W GRAINGER t�tl_.C!'t i{{t, -/ /•. ! 57897 12/09/97 4'+7-140754-1 11/12/Q7 6.37 VENDOR TOTAL 11 .94 500 HESS, JAMES W 57898 12/09/97 11/25/97 106.48 VENDOR TOTAL 106.43 ;825 HOME DEPOT COMMERCIAL* 578'7/9 12/09/97 4110147 11/20/97 6. -1/`x71 ii/r'/%'/ 't11t11`c 11/20/9/ 26.05 VENDOR TOTAL 32.43 ,347 HORNUNG t S FRO GOLF SA* _i 900 12/07,/;7 .'58I 34 11/10/97 62._ter_, VENDOR TOTAL 6 . 7=1 Jori.E, R1lP:. 3/ :'tiff i••/„ /,/ 11/=/;7 63.6; VENDOR . - - VENDOR TOTAL 63. 9 000 KENNEDY ?x GRAVEN • 17 90'. 1'. /0:x/:%7 13_365 10/28/97 407.70 5790 1 /0'//97 18366 10/28/97 2710.00 57' V 12/V'/ .'/ 13364 1V/2:/:'7 245,00 VENDOR TOTAL - 2.70 111 ,247) 5 .,� I T I j•* =7'03 1.2 •09 '7 11/•26/7%7 ,160.23 �'t_ LGYI3UC OF MNCITIES 1 G� '/ / VENDOR .TOTAL 180.23 '254 LEAGUE OF MN -CITIES I* 57;04 12/0•./ 97 11/-4/-7 114 3.47 VENDOR TOTAL 1343.67 ,800 LAWSON FRODUCTS,S, INC 77;07 12/07,/;7 1A1745; 11/21/;7 146.7; VENDOR TOTAL 146.5.3 371 LEAGUE OF MN CITIES I* 7177,0A 12/6.7;/7,7 110207 iT 11/26/;7 11,7,,,-,7„ i 57906 12/0Q/97 1 101 615 11/26/Q7 10.2 VENDOR TOTAL 123.76 550 LUNDEEN, HERBERT 5790;71 12/09/97 52429 11/18/Q7 32. 18 VENDOR TOTAL 1 AL . 1:_ 6A MWB FIRE PROTECTION E* 57'7/0Q 12/00/'7 11/11/Q7 700.00 VENDOR TOTAL 700.60 320 MTI DISTRIBUTING CO 57910 1'2/09/97 1187657 0Q/18/97 158.34 3/ 71V i.,-/V!/•1 110:'/r_,.-1 /Z?/7/ 16.06 VENDOR TOTAL 1':/4.42 _ -'0 MAC QUEEN EOU I FMEN T I* 77;11 12/07,/7,7 2 30018 11/17/7,7 26.67 411 57911 12/09/97 29800185 11/24/"1,7 6.70 • AGE 7 1_eI� MWL}14 INT^ FAY ABLE CHECK REGISTER C.1'1 IP-C10-01 MOUNDS VIEW INVOICE _ 'ENDOR 4_HECi••. te}'1Ct,i�. NIVENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT VENDOR n676 t BAR} ERIE}: VIDEO SUPPL* 57912 12/09/97 250254 11/24/97 165. 37 VENDOR TOTAL 1A7. 7,7 10750 MASTS CORPORATION 57913 12/09/97 7516 12/01/97 .4,2=;..4.9 VENDOR TOTAL 623.6; 11001 MCI 57914 12/09/97 11/16/97 76.69 VENDOR TOTAL 76.6; 12075 MENARDS 57915 12/09/97 29094 08/29/97 122.09 • ...1/ ..1 -1 1.../t1 /i / 'Qii;:; 16/31/ 7/ L2. 13 VENDOR TOTAL 144.27 1217.3 METRO DANCE CENTER 57'%i4 i 2/09f': 7 11/ 13/7%7 2/2.00 VENDOR TOTAL 272.00 00 1:164 METRO LEGAL SERVICES,* ..,/ ,11 12/09/'7'/ 7+_,l3= . 11/25/7,7 17.00 VENDOR TOTAL 17.00 12180 METROPOLITAN COUNCIL 57916 12/0;/%7 11/16/7,7 40.50 VENDOR TOTAL 40.50 j:51 i ilii iESO T A BANKERSAS ! 1 12/0.;/;7' . 11/2.01;7 1: 3.00 VENDOR TOTAL 150.00 1.337: MINN CHIEFS OF FOLICE* 1/ r20 1�j 3:'/ -7 11/30/7,7' 1=0.00 57920 12/09/97 11/30/97 75.00 VENDOR TOTAL 2:7.00 1:990 MINNESOTA DEPARTMENT * 57921 12/09/97 12/01/97 4051 .00 VENDOR TOTAL 4071 .00 13 991 MINNESOTA DEPARTMENT * 57922 12/09/97/97 1'2/01/97 2r-,5.00 VENDOR TOTAL I AL -771.0C, 14082 MINN CRIME PREVENTION* 57923 12/09/97 12/09/97 :0.00 VENDOR TOTAL i AL 0.0%i 14290 MINNESOTA GOLF ASSOC I* 57924 12/09/97 9/97 10/'24/97 24.00 VENDOR TOTAL 24.00 14790 MINN RECREATION &, PAR* '`+792'5 1 -709/97 004292 10/ 1/97 110.00 VENDOR DOR TOTAL 110.00 14993 MINNESOTA RURAL WATER* 57926 12/09/97 12/01/97 1 50.00 VENDOR TOTAL 170.00 ;49' I NNESOTA SAFETY COUN* X7927 12/09/97 010491, 11/21/97 1-71.00 ALG += ACCOUNTS PAYABLE CHECK REGISTER ER P-C 10-01 MOUNDS VIEW ENDOR CHECK CHECK INVOICE INVOICE NOAmbVENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT VENDOR TOTAL AL 1 /5.0 Y • 5193 MINNESOTA WISCONSIN P* 57928 12/09/97 11/10/97. • 1494.74 VENDOR TOTAL 1494. 14 5600 MONOTRADE COMPANIES 57929 12/09/97 47434 11/14/97 3245.00 VENDOR TOTAL AL t.1 t.) 40 .5 MOUNDS VIEW 66 579:;0 1 2/09/97 11=4097 11/30/97 100.00 r VENDOR I O l AL 100.00 8100 MUNICILITE 57931 12/09/97 9391 11/17/97 55. 17 VENDOR TOTAL i AL 5_i. 17 1148 NATIONWIDE TRUCK/TRA I* - 57932 12/09/97 37399 11/30/97 1L9.75 VENDOR TOTAL 159. /5 • 2210 NEW BRIGHTON, CITY OF 57933 12/09/97 12/01/97 9, 2.60 VENDOR TOTAL 382.60 _i487 NORTH STAR I NTERNAT I O4 57934 12/09/97 170497 11/24/97 VENDOR TOTAL _i,;:.35 3800 NORTHERN HYDRAULICS I* 57935 12/09/97 18229087 09/16/97 29.56 . IIP VENDOR TOTAL 4000 NORTHERN SANITARY SUP* ' 57936 12/09/97 422558 11/18/97 50.34 • VENDOR TOTAL 52.34 4200 NORTHERN STATES POWER* 57937 12/09/97 7r_:550220=,29 11/25/97 86-.88 _ii _' 14/V / 77 I 1 L7 i1/ :i/ '7 1022.63 579:37 12/09/97 345053201329 11/25/97 44.99 5793729 11/25/365843297329 1 1/25/97 t .+_6't 57937 12/09/97 341149882328 11/24/97 32.74 57937 12/09/97 088145798328 11/.24/x97 3• ._i1 57937 12/09/97 334149673329 11/25/97 14. 19 57937 12/09/97 579803665322'2 11/1'j/' '7 13.77 57937 12/09/97 778059313330 11/24/97 7179:=:7 12/09/97 6=:1A 4'.:: i3 _::_:i i 11/26/97 A A.ter.,: 579.37 12/09/97 322740983330 11/24/9/ 95.87 57937 12/09'/:'1 309155315329 1 1/25/37 r_.3,tet•_ 57937 12/09/97 840354809330 11/24/97 14.36 i7- 7 1..L/V7/.'1 1 ,_a_,_i C:1l+C• •Ja_+ 11/..C•/ .'! 111 .51 57937 12/09/97 493454313330_;330 11/26/97 14.92 57937 12/09/97 794040397330 11/26/97 13.00 5 937 12/09/97 943546782330 11/26/97 6.48 57937 12/09/97 842854514330 V 11/.y+_/3; 57937 12/09/97 107.627503330 11/26/97 625.73 . /i .77 _r / _./ .L 1/.i++/r.-./ 410 579:37 12/09/97 0;_.5659013:7-::::7. 12/01/97 154. 13 :10E 7 ACCOUNTS PAYABLE CHECK REGISTER ,-C10-01 MOUNDS VIEW ENDOR CHECK CHECK INVOICE INVOICE � NO ENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT ��� 57937 12/09/37 274753811330 11/26/97 185.05 ' 37937 12/09/97 281349293336 12/02/97 6.48 57937 12/0'5'/97 7()7()5351233() 11/26/.37 276.Y5 VENDOR TOTAL 3791 .60 ;-210 NORTHERN WELDING & G[}* 57941 12/09/97 8055 11/14/97 55.()0 VENDOR TOTAL 55.00 T400 NOTT COMPANY 57,-p2 12/v,,//7 11P4V'5 11 /19/97 18. 15 VENDOR TOTAL 18. 15 ;500 OLSON POWER & EGIUIPHE* 57943 12/09/97 3414 V7/2't/F7 252.00 VENDOR TOTAL 852.00 2165 MOUNDS VIEW, CITY OF 57944 12/09/97 11/20/97 191 .81 57944 12/09/97 11/20/97 98.39 VENDOR TOTAL 27V.2V 2200 PHILLIPS 66 COMPANY 37946 12/09/97 11/11/97 1315.25 VENDOR TOTAL 1315.25 1930 REMAP CORPORATION 57947 12/09/97 880 11/30/97 49.97. -`' VENDOR TOTAL 49.95 � ^��� .00 30YDER STUDENT TRANSPO* � 57948 12/09/97 4706 � 11/26/97 98 '��� 57948 12/09/97 4702 11/25/�7 84.00 VENDOR TOTAL 182.00 }4}0 SAARION, MARY 57��� 12/��/�7 11/24/97 36.20 ` VENDOR TOTAL 36.20 }555 SAFETY KLEEN CORP 57950 12/09/97 303412 11/29/97 155.93 VENDOR TOTAL 153.93 3225 SHORT ELLIOTT & HENDR* 57�51 12/��/�7 43�16 10/31/97 423.46 57931 12/09/97 43848 10/31/97 10681 .75 57951 12/09/97 43G37 10/31/97 1200.00 37951 12/09/97 42772 09/25/97 149. 14 VENDOR TOTAL 12454.35 ;603 SNYDER'S DRUG STORES,* 37952 12/09/97 11/23/97 15.40 57952 12/()9/97 11/18/97 5. 1- v 57932 12/09/97 11/21/97 9. 10 57i52 12/Q,;/77 12/03/97 4.89 VENDOR TOTAL 34.49 :.250 SPRING LAKE PARK FIRE* 57:753 12/09/97 11/13/97 446.25 VENDOR TOTAL 446.23 �3����-RI�G L�KE ���K L�MG* 57954 12/09/Q7 184706 10/02/57 26.71 � =AGE , S ACCOUNTS PAYABLE CHECK REGISTER =Tr-C 1 0-0 i MOUNDS VIEW 1ENDOR CHECK: CHECK: INVOICE INVOICE I N- VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT 410 VENDOR TOTAL 26.71 36350 SRF CONSULTING GROUP,** -)/ -';:,_5 14/V7/ 7/ /`Y5 -4 10/31/97 60 4.30 VENDOR TOTAL A04.30 39600 SYSCO FOOD SERVICES 0* .,-.7/.,.JQ 1..:./0.,.'/,.,,..- '7 -/ 1 1,,1 0+_6 1 11/25/97 - 48. 11 VENDOR TOTAL 48. 11 J'..''M•i»'i.! U S WEST --;/7.1'/ 1 4/V7/7/ 11/.C..:J/:'/ /6.9-6 VENDOR TOTAL 76.46 J3990 UNITED AGRI PRODUCTS 57958 12/09/97 0i 1 - _ = 09/10/97 767.33 VENDOR TOTAL 767.33 J4000 UNITED STATES POSTAL * ...J/ 7...17' 14/V7/ 7/ 12/09/97 ALVVV.VV VENDOR TOTAL 2000.00 Jr3�i_i iii 4JItiI 1 UG RENTAL SERVICE* 57960 L'.::f 0:'/:!! 74k/1. 11712 11/2+_',/:!7 - 190.84 57960 12/09/97 740110695 11/19/97 132.0' �/ ...V 1t./�V7/'/ /4Vl1VIV'... 11/19/97 48.61 VENDOR TOTAL 371 .47 . ' y.i•tx�tj V 1f+.11413 ELECTRIC 57962 12/09,'97 ='.:670..x::3 11/4V/ r/ .+...i! .'t8 • VENDOR TOTAL 227.4= ._ • 407i.,_ . WASTE E MANAGEMENT - BL* 57963 .1.:./i-i; /..-.7 899-9 65632 32 11/•.i4/r"'7._.. 1026.70 VENDOR TOTAL 1026.70 4 701 WOLD ARCHITECTS AND E* :-./ r,..,-1. 1.../v,,./ 4 / 97102-3 11/....Vie 7 2624.08 VENDOR TOTAL 2624.0R ' GRAND TOTAL4-:-1-1.-.6.:....t.),./ 111 'AGE 1 ACCOUNTS F'AYABLE PRE-PAID CHECK REGIS ir=L,1.^_,-0 MOUNDS VIEW 'ENDOR CHECK CHECK INVOICE INVOICE N� VENDOR NAME NUMBER DATE INVOICE NMBR DATE _ AMOUNT N i J191T WESTERN BANK. * 0 12/01/97:' 1'7)/01/97 31'26.6 0 _ 1..'../t-,•3/,:/ l.r:/V1/ 7/ y.y.i.:.ti.Y 57519 12/03/97 12/01/97 62919.07 J•-I 17 --1.:/V_:/ 7! - 1.4./U 1/'?'J /"i+_+70. t7 VENDOR TOTAL 14'=+819.SO ..�.-...-. PUB EMPLOYEES.,. .-+-,-. �.'•-.r-,-.+-y . �- ter,.. -: -...-•.r. �.-. '7900 1"UB EMPLOYEES RC 1 I REIT* •J 320 -12/03/97 i s/+='=/ 7/ /'+0%.1.4.11 VENDOR TOTAL 7480.23 . i0888 HEAL t i-iF I AR NCR !--1.41 14/i i:j/97 7' '•4 1"i;:. 1 1/0 7,'9 VENDOR TOTAL 434.87._ .0012 ICMA RET IREMEN i TRUST*f' 5752.7 1"7/n3 12/-'01/97 1.73.02 VENDOR TOTAL 123..0 ' n . - i6500 UNUM Lire INSui:r-NCE J!•�23 1 • /03/97 14/V1/ 'i i VENDOR TOTAL 652.54 GRAND TOTAL i411044 • • . Item No. E2 Type of Business: CA • WK: Work Session;PH:Public Hearing; CA: Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Lynnette Morgan L f\ Item Title/Subject: licenses for Approval Date of Report: December 5, 1997 The following licenses expire December 31, 1997. Bowling Alley (renewal, expires 12/31/98) Mermaid Inc. Cigarette and Tobacco (renewals, expires 12/31/98) American Amusement Devises and Center(Mermaid and Donatelle's) Synder's Drug Store Mounds View Fina Tom Thumb Fedor's Market • Budget Liquor Mounds View Amoco Murzyn Liquors Gasoline (renewals, expires 12/31/98) Mounds View Fina Mounds View Amoco Massage Therapy Enterprise License (renewal, expires 12/31/98) Appearance Plus Massage Therpay Theraplist License (renewal, expires 12/31/98) Rita Evanson • r Item No. G3 Type of Business: CA WK: Work Session;PH:Public Hearing; • City of Mounds View Staff ReportCA:Consent Agenda;CB: Council Business To: Mayor and City Council From: Lynnette Morgan Item Title/Subject: Approval of Step Adjustments Date of Report: December 5, 1997 In accordance with the City's 5 Step Compensation Policy, the attached resolutions recommend step adjustments for following four positions which are scheduled to receive step adjustments during the month of January. Each position has met the responsibilities of the position. Performance has been satisfactorily rated concurring with the scheduled step adjustment. • Resolution No. 5187 Approving a Step Adjustment for Tracy Juell, Public Works Department Secretary. Position advancing from Step 4 to Step 5, effective 1/1/98. • Resolution No. 5188 Approving a Step Adjustment for Lynnette Morgan, Human Resource Technician. Position advancing from Step 2 to Step 3, effective 1/1/98. • Resolution No. 5189 Approving a Step Adjustment for Bruce Kessel, Finance Director. • Position advancing from Step 4 to Step 5, effective 1/8/98. • Resolution No. 5190 Approving a Step Adjustment for Ken Manthis PGA/Professional/Clubhouse Manager. Position advancing from Step 3 to Step 4, effective 1/1/98. Recommendation: Motion to Approving Resolution No. 5187, 5188, 5189, and 5190. • RESOLUTION NO. 5187 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR TRACY JUELL, PUBLIC WORKS DEPARTMENT SECRETARY WHEREAS, Tracy Juell has been in the capacity as Public Works Department Secretary since January 1, 1995; and WHEREAS, Ms. Juell's performance has met the responsibilities of Department Secretary as outlined in the position description; and WHEREAS, a step adjustment which is consistent with the City's Compensation Policy is recommended. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve a step adjustment for Tracy Juell from Step 4 at $2,622.18/mo. to Step 5 at $2,760.19/mo. effective January 1, 1998. Presented 8th day of December, 1997 • ATTEST: Mayor Duane McCarty (SEAL) City Clerk-Administrator Charles S. Whiting • • RESOLUTION NO. 5188 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR LYNNETTE MORGAN,HUMAN RESOURCE TECHNICIAN WHEREAS, Lynnette Morgan has been in the capacity as Human Resource Technician since January 1, 1997; and WHEREAS, Ms. Morgan's performance has met the responsibilities of Human Resource Technician as outlined in the position description; and WHEREAS, a step adjustment which is consistent with the City's Compensation Policy is recommended. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve a step adjustment for Lynnette Morgan from Step 2 at$2,468.21 to Step 3 at$2,613.40 effective January 1, 1998. Presented 8th day of December, 1997 ATTEST: Mayor Duane McCarty (SEAL) City Clerk-Administrator Charles S. Whiting • • RESOLUTION NO. 5189 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR BRUCE KESSEL, FINANCE DIRECTOR WHEREAS, Bruce Kessel has been employed with the City of Mounds View as Finance Director since July 8, 1996; and WHEREAS, Mr. Kessel's work performance has met the responsibilities of Finance Director as outlined in the job description; and WHEREAS, a step adjustment which is consistent with this positions' Step Plan is recommended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds 40 View does hereby approve a step adjustment for Bruce Kessel from Step 4 at$4,954.08/mo. to Step 5 at$5,214.82/mo. effective January 8, 1998. Presented this 8th day of December, 1997 (ATTEST) Mayor Duane McCarty (SEAL) City Administrator Charles S. Whiting • • RESOLUTION NO. 5190 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR KEN MATHIS, PGA PROFESSIONAL/CLUBHOUSE MANAGER WHEREAS, Ken Manthis has been employed as a regular full-time employee as PGA Professional/Clubhouse Manager with the City since August 1, 1996; and WHEREAS, the employment contract with golf course has resulted in rescheduling the step adjustment. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Mounds View does hereby approve a step adjustment for Ken Manthis from Step 3 at $1,544.99 to Step 4 at $1,630.83 effective January 1, 1998 with advancement to Step 5 January 1, 1999. Presented this 8th day of December, 1997 • ATTEST: Mayor Duane McCarty (SEAL) City Clerk-Administrator Charles S. Whiting • 11110 N T E R OFFMEMO ICE To: Chuck Whiting From: Rick Jopke Subject: Responses concerning City Council questions about the fee schedule Date: December 5, 1997 The following are responses to the questions raised by the City Council about the proposed revised fee schedule at the December 3rd work session. 1. Charges for colored maps produced by the City's GIS system: We have added charges of$2.50 for maps up to 11x17 and$5.00 for 24x36. 2. Charges for copies of the zoning code: • We have changed the charge for hard copies from free to $50 and the charge for a diskette from$25 to $10. 3. Elimination of the fee for projects with construction values of$500 or less: In 1997 todate 43 permits have issued with construction values of$500 or less. Total revenue from these permits was $645. Of these permits, 4 were for residential alterations, 11 were for residential decks, and 28 were for sheds. I would recommend that the fee not be eliminated because it is important that we continue to review these applications to insure that the improvements are properly constructed and properly located. Poorly constructed and improperly located prjects can adversely impact adjacent properties and the surrounding neighborhood. The time that staff spends reviewing these applications can as long or longer than higher value projects. The fees at least partially cover the city's review costs. 4. Additional Fee Schedule Changes Conditional Use Permit $250 4294 Development Review $125/acre (min. $125, max. $750) $100/acrc, min. $100, Rezoning $250/acre (min. $250 max. $1,500) $200/acrc, min. $200, max. $1,000 • Street or Easement vacation$200 Chuck Whiting Page 2 s' December 5, 1997 Subdivision $200$150 Wetland Alteration Permits ', e : .- :- :: • .- - - incd by staff R-1 $150 Other Districts $200 Wetland Buffer Permit All other district $100 N:\DATA\USERS\RICKJO\SHARE\FEE.MEM • • RESOLUTION NO. 5191 CITY OF MOUNDS VIEW COUNTY OF RAMSEY • STATE OF MINNESOTA RESOLUTION APPROVING THE 1998 FEE SCHEDULE WHEREAS, all the fees and charges of the City of Mounds View are listed on a uniform fee schedule; and WHEREAS,the proposed fees are consistent and comparable with Metropolitan cities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve the 1998 Fee Schedule effective January 1, 1998. Adopted this 8th day of December, 1997 ATTEST: Mayor McCarty (SEAL) City Clerk-Administrator, Charles S. Whiting • -©!"18ol©,ll; CITY OF MOUNDS VIEW • 1998 FEE SCHEDULE • • TABLE OF CONTENTS I. Building 5 A. Valuation Table 5 B. Surcharge 5 C. General Construction 6 Accessory Building Addition Air Conditioning Basement Basic Floor Area Deck Door and Window Installation Electrical Work Elevators Excavating Fence Fireplace Fire Extinguishers Garages Garbage Enclosure HeatingNentaliation Work Incinerators Mobile Homes Moving Buildings Open Carport Pipe Fitting Platforms Plumbing Work Porch Raising, shoring Refrigeration Work Remodeling Reschingling Residing Satellite Dishes Sidewalks, driving, parking lots, asphalt Signs/Billboards Sprinkling System Swimming Pools Stucco Telecommunication Antenna Woodburning Stove Wrecking • d. Other Inspections/Planning 10 0 Building Inspections Code Appeal Comprehensive Plan Amendment Conditional Use Permit Contractor License Development/Site Plan Review Housing Inspection Fees Multiple Dwelling Reg./Trans. Plan Review Fee Planned Unit Development/Amendment Reinspection Fees Rezoning Street or Easement vacation Subdivision Variance Wetland Alteration Permit Wetland Buffer Permit II. Copies, Miscellaneous and Administrative Offense Fees . . 12 Apartment/Multiple Dwelling List Blue Prints/Maps Council/Planning Commission Meeting Packets Dog License List • Filing Fee for Public Office Insufficient Fund Checks (NSF) Mailed Agendas Mailed Minutes Mounds View Business List Municipal Code Notary Public Outdoor sign use Photocopies Picnic Kits Police/Accident Report Resident List Sales Tax Special Assessment Search Tree Removal Video Tape Copies Administrative Offense Fee Schedule I11. Licenses . . 14 Amusement Centers/ Devises/Rides, Carnivals, Circuses Automobile License Bowling Alley • Boxing Permit Cigarette and Tobacco • Dog Licenses Garbage Hauler License Gasoline License Kennel License Liquor Licenses/Investigation Fee Peddlers License/Transient Merchant/Investigation Fee Restaurant License Recuperation of Half Way House Therapeutic Massage/Investigation 1V. Room Rental • • 17 Bel Rae Facility Fees Shelter Rentals V. Water, Sewer, Street and Other Fees 17 Late Payment Load Limits Fee Meter Testing Park Dedication Fee Sever Availability Charge (SAC) Sewer Charge Sewer Connection/Repair Permit Service Restoration Shut-of and Curb Stop Street Light Utility Street Opening Permit Storm Water Management (SWM) Surface Water Management Tapping Unit Charge Water Charge Water Connection/Repair Permit Water Disconnect/Reconnect Water Meter Water Quality Testing Utility Billing Assessment Search • I. BUILDING/COMMUNITY DEVELOPMENT RELATED FEES A. VALUATION TABLE The following Valuation Table shall be used to determine fees for those permits indicated below and in all cases where the work is of such a nature that the permit fees cannot be determined from the schedule established below for such work. The minimum fee for all permits shall be $23.50 unless otherwise specified. $1 to $500 $23.50 for the first $500 $501 to $2,000 $23.50 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the first $2,000 plus $14 for each additional $1,000 or fraction thereof, to an including $50,000 $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof to an including $50,000 I i $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each additional $1,000 or fraction thereof, to and including i;p$100,000 $101,000 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 and up $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof. B. SURCHARGES Building Surcharge: Where the fee for the permit is based upon valuation, the surcharge is as follows: Valuation of Work ; Surcharge Computation 1. Building Surcharge Where the fee for the permit is based upon valuation, the surcharge is as follows: $1,000,000 or less .0005 x valuation $1,000,000 to $2,000,000 $500 + .0004 x (Value - $1,000,000) $2,000,000 to $3,000,000 I $900 + .0003 x (Value - $2,000,000) $3,000,000 to $4,000,000 $1,200 + .0002 x (Value - $3,000,000) •I , Page 5 $4,000,000 to $5,000,000 $1,400 + .0001 x (Value - $4,000,000) 110 Greater than $5,000,000 $1,500 + .00005 x (Value - $5,000,000) Where the fee for the permit issued is fixed in amount, the surcharge is $.50. (If the value of the permit is greater than $1,000,000 use the above table). 2. Heating Surcharge 1. Residential $.50 2. Commercial Use the above table 3. Plumbing Surcharge .50 (if the value of the permit is greater than $1,000,000 use the above table) 4. Water Permit Surcharge $.50 5. Sewer Permit Surcharge $.50 C. GENERAL CONSTRUCTION, HOME. MISCELLANEOUS BUILDING PERMITS. Surcharges Not Included in All Figures Listed below(See Surcharge for Further Information): (Chapter 1006) 1 Accessory Building (Shed) *(Valuation per sq. ft. used for valuation table) Cement Floor $7.50 Wood Floor $5.00 Addition *(Valuation per sq. ft. used for valuation table) First Floor $60.54 Second Floor $42.80 Addition (mobile home) '$22.30 Air Conditioning *(Valuation per sq. ft. used for valuation table) Residential $2.58 Commercial $3.10 Basement *(Valuation per sq. ft. used for valuation table) (unfinished) $12.04 (semi-finished) $16.21 Basic Floor Area *(Valuation per sq. ft. used $60.54 for valuation table) • Page 6 Deck *(Valuation per sq. ft. used for valuation table) Residential $6.00 • Mobile Home $5.00 Door or Window Installation Using existing window frame No fee Use Rough Opening Use valuation table Use Existing Rough opening but $15 for first window/door plus $2.00 for each changing window frames additional window/door Electrical Work Same as established in the Minnesota State Board of Electricians, March 1, 1972 Edition of Laws and Regulations Licensing Electricians and Inspections of Electrical Installations as Amended. Electrical Inspector Bob Clauson 777-7885 Blank Forms $1.50 each Elevators, etc. Use valuation table (see surcharge and plan check fee for additional charges). Excavating, grading, filling $20 plus $2.00 per 1,000 square feet or fraction thereof over the first $1,000 square feet plus 2.5 times any expense for survey work by the City plus $.50 surcharge Fences (Chapter 1103) $25 per installation (No surcharge) Fireplace *(Valuation per sq. ft. used for valuation table) Brick Single flue (flat value) $2,000 Brick Double (flat value) $2,500 Free Standing wood (flat value) $1,000 Heatilator gas $2,000 Garages *(Valuation per sq. ft used for valuation table) Attached $18.49 Detached $15 Garbage/recycling enclosure $25 (no surcharge) Heating and Ventilation Work (plus surcharge) Residential per unit, up to 4 units ; $25 plus $5.00 per 100,000 BTU per hour or fraction thereof over 100,000 BTU per hours input capacity plus $.50 surcharge • Page 7 Commercial 1.5% of the contract price plus surcharge at .0005 ' times contract price Ventilation Systems Residential fans less than 100 CFM - $5.00 for the first fan plus $2.00 for each additional fan Commercial � 1.5% of contract price plus surcharge at .0005 times contract price Duct/Tin/Sheet Metal work (if not included in contract price above) Residential $20 Commercial 2.5% of contract price plus surcharge at .0005 times contract price Gas fireplace $25 includes incidental piping - plus $.50 surcharge Incinerators (plus surcharge) Domestic portable incinerator $25 per unit Commercial, industrial Incinerator $60 per unit Mobile Homes (Chapter 1110) Installation $40 per installation (plus $.50 surcharge) Mobile Home Permit $50 plus $10/renewal Moving Buildings (Chapter 1007) Larger than 12' x 24' x 25' other $110 per building plus $.50 surcharge than accessory building Accessory building larger than 12' x ; $70 per building plus $.50 surcharge 24' x25 Smaller than '12 x 24' x 25' $35 per building plus $.50 surcharge Moving/building over private land $30 per building plus $.50 surcharge. Open Carport *(valuation per sq. ft. used for $12.38/sq. ft. valuation table) Pipe fitting (plus surcharge) Residential (up to 4 units) Gas, oil piping ! $15 per unit Steam, hot water heating $25 plus $5.00 per 100,000 BTU per hour or fraction thereof over 200,000 BTU per hour plus $.50 • surcharge Fire extinguishing equipment Page 8 Standpipes $20 per standpipe Sprinkler equip. $30 plus $4.50 for each ten sprinkler heads or lir fraction thereof over then ten heads Commercial 1.5% of the contract price plus surcharge at .0005 times the contract price Platforms, seating ' $20 per platform and $15 per seating unit plus $.50 surcharge Plumbing Work (plus surcharge) (Chapter 1004) Plumbing fixture, devices, $15 plus $7.00 per fixture, device and connection connections Porch *(Valuation per sq. ft. used for valuation Per Sq. Ft. table) Screen only $20.20 Four Season (heated) $60.54 3-season Woodframe- $40.36 (no heat) windows/patio doors Raising, shoring Use valuation table - see surcharge and plan check fee for additional charges Refrigeration Work (plus surcharge) ! Residential $15 plus $2.00 per 10,000 BTU per hours or fraction thereof over 10,000 BTU per hour capacity (12,000 BTU - 1 ton) plus $.50 surcharge Commercial 1.5% of contract price plus surcharge at .0005 times contract price Remodeling *(Valuation per sq. ft. used for Per sq. ft. (Use valuation table) valuation table) Reshingling Use valuation table Residing Use valuation table Satellite Dishes $25 per installation (plus $.50 surcharge) Sidewalks, driveways, parking lots, patio Use valuation table (no surcharge) Signs, Billboards (no surcharge) (chapter 1008) Signs up to 100 sq ft. $50 for the first 24 square feet plus $5.00 for each additional 25 square feet or fraction thereof up to 100 square Signs 100 sq. ft. and over " $75 for the first 100 square feet plus $10 for each • additional 100 square feet or fraction thereof Page 9 installation Signs refacing or altering $20 per Temporary Signs $25 per$21 day period (Limit 3 permits per year) Planning Sign Deposit $50 per sign Sprinkling System *(Valuation per sq. ft. used $1.55/sq. ft. for valuation table) Swimming Pools (the City does not fill pools) (Chapter 1009) *(Valuation per sq. ft. used for valuation table) above ground $6.00 below ground $20 Fence for Pool Add $2.00 Stucco Use valuation table plus surcharge Telecommunication Antenna Building $750 Permit Fee (Chapter 1126) Wood burning stove $25 (plus $.50 surcharge) Wrecking $20 plus $2.00 per 1,000 cubic feet or fraction thereof over 2,000 cubic feet plus $.50 surcharge D. OTHER INSPECTION/PLANNING FEES Building Inspections Inspections outside normal $47/hr. (Minimum charge two hours) business hours Inspections for which no fee is $47/hr. (Minimum charge - one half hour) specifically indicated Code Appeal $100 Comprehensive Plan Amendment $250 Conditional Use Permit R-1 to R-2 $75 All other Districts $250 Contractor Licenses (Chapter 1001) $40 per Year State License Verification Fee $5.00 per permit. (See building procedures) Development/Site Plan Review $125/acre, minimum $125, maximum $750. Housing Inspection Fees (Chapter 1005) • Initial Inspection j No charge Page 10 Follow Up Inspection No charge Each Additional Inspection $25/inspection • Multiple Dwelling Registration (Chapter $5/Unit with minimum of$30/building/year 1005) Transfer $15 Plan Review Fee When a plan is required to be submitted by section 106.3.2 of the Uniform Building Code, except for residential garages, storage buildings, decks and I I additions costing less than $10,000 a plan review fee equal to 65% of the building permit fee shall be paid. When plans are incomplete or changed so as to require additional plan checking, an additional fee shall be paid based upon Table 3A of the Uniform Building Code. Additional Plan Review Fee required by changes, additions or revisions to plans $47/ hr. (Minimum charge one half hour) Plan review for outside consultants for plan checking and inspections, or both. Actual costs including administrative and overhead costs. Planned Unit Development (PUD) (Chapter Refer to Zoning 1119, 1120) 11° Amendment $350 Reinspection Fees $47/hr. Rezoning $250/acre, minimum $250, maximum $1,500. Deposit $100 Street or easement vacation $200 Subdivisions Minor Subdivision $200 deposit Major Subdivision $250 plus $250 deposit Variance R-1 to R-2 I $100 All Other Districts $250 Wetland Alteration Permit R-1 to R-2 $150 All Other Districts $200 Page 11 Wetland Buffer Permit • R-1 to R-2 $25 All Other Districts $100 *Deposits shall be paid to cover all costs of public notices, materials and staff or consultant time spent in the review, research or preparation of materials association with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty(30) days after consideration of the application is completed. IL COPIES, MISCELLANEOUS and ADMINISTRATIVE OFFENSE FEES Apartment/Multiple Dwelling List $5.00 Blue Prints/Maps Up to11x17 Blue Line $1.50 Mylar $3.00 Colored map $2.50 • Up to 24 x 36 Blue line $.50/sq. ft. Mylar $1.00/sq. ft. Colored map $5.00 Council/Planning Commission Meeting Packet City Council $250/yr. Planning Commission j $175/yr. Dog License List $10 l Filing Fee for Public Office $20 Insufficient Funds (NSF) checks $20 Mailed Agendas City Council $20/year Planning Commission j $10/year Mailed Minutes • City Council $40/year Planning Commission $20/year Page 12 Mounds View Business List $10 Municipal Code $200 11. Zoning Code Photocopy $50 Diskette $10 Sign Chapter $5.00 Notary Public $1.00 plus copy charge Outdoor Sign Usage (City Hall) $25 (2 week maximum) Photocopies $.25/sheet Certified Copies $1.00 plus photocopy fee Picnic Kits $10 (residents only) Police/Accident Report $2.00/page Resident List $10 Sales Tax 6.5%, maps, copies Special Assessments Search $10 Tree Removal See City Forester Video Tape Copies $25 ADMINISTRATIVE OFFENSES 30' Stop Sign $15 Alcohol in public $50 Animals $25 Bldg. And Fire Code $100 Blocking Mailbox ! $15 Driveways $100 Expired Plates $25 Fire hydrant $25 Fire Lane j $25 Fireworks $100 Garbage Dumping ; $100 Handicap Zone $200 11 House Numbers � $25 Page 13 Housing Code/Streets $100 • Junk Vehicles i $50 Junk & Debris $50 Keys in Ignition $20 Loads limits $100 Loitering $25 Loud Parties/Noise ; $50 Other Illegal Parking $15 Park Ordinance $25 Plate/Tab missing $20 f ! Public Nuisances $100 Regulated Business Activity $100 Seat Belts $25 Signs $100 Snowbirds $25 • Snowmobiles $25 Trespass $25 Truck parking $25 Wetlands $100 Zoning $100 III. LICENSES Amusement Devices and Centers (Chapter 506) Devices $55/year each Center $300/year Automobile Sales (Chapter 510) $150/year (subject to 10% late payment fee) Amusement Rides,Carnivals,Circuses $125 for first day plus $20 for each additional day i (Chapter 506) Bowling Alleys (Chapter 507) $20/alley/year Boxing and Wrestling Processing Fee regulated by the State of Minnesota Page 14 Cigarette and Tobacco License Fee $150/year ' I (Chapter 512) Dog Licenses (decreased by 50% after one year) Spayed or neutered $7/2 years Unspayed or Unneutered $13/2 years Duplicate tags $2 Garbage and Rubbish Hauler(Chapter I $75 plus $20 per vehicle/year (10% late Fee) 603) Gasoline Stations (Chapter 509) $50 plus $8 per pump exceeding 2 pumps/year (10% late fee) Kennel (Chapter 701) Residential $30/year Commercial $50/year Liquor Licenses (Chapter 502, 503) On-Sale without Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is issued primarily as dining area with a minimum fee of$3,000 and a maximum fee of • $10,000 On-Sale with Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is issued primarily as dining area with a minimum fee of$3,000 and a maximum fee of $10,000 (Resolution No. 4629) Temporary Liquor License Fee $35/event; $10 Investigation Fee if applicant does not hold license within Mounds View I � On-Sale Wine $800/year Off-Sale Intoxicating $200/year Bottle Club $330/year On-Sale Malt Liquor $1,000/year Off-Sale Malt Liquor $100/year Set Ups $330/year Club $330/year Investigation Fee: Wine/General Liquor Single Person $300/$350 Page 15 Partnership $365/$385 • Corporation $400/$450 Peddlers/Transient Merchant/Solicitor $60/day (Chapter 504) $100/month $500/year Investigation Fee $10 investigation fee for new peddler plus I.D. Card $2.50/person Recuperation of Half Way House (Chapter 511) Less than 10 beds $33/year 10-49 beds $55/year 50-59 beds $82/year Over 100 beds $110/year Restaurants (Chapter 505) Class A (occupancy load greater than 100) Operating 16 $275 • hours/day or less Operating more than $550 16 hours/day Class B (occupancy load of 100 or less) Operation 16 $165/year hours/day or less Operating more than I $330/year 16 hours/day Therapeutic Massage License Fee/Investigation (Chapter 514) Enterprise $75 Therapist License $35 Investigation Fee Individual $50 Partnership/ $350 Corporation i Page 16 IV. ROOM RENTAL Bel Rae Facility Fees (Mounds View Residents/Businesses receive 20% discount on base fee). 1111 Base Fee No Kitchen Use I $50/hr- $350 maximum per day Kitchen Use $65/hr- $500 maximum per day Set Up Fee I $40 Clean Up Fee No Kitchen Use j $100 Kitchen Use $200 Down Payment j 25% of total rental fee Damage Deposit Hold credit card imprint Shelter Rental City Hall Rental, Lakeside $50 clean up deposit and $50 key deposit plus $25 Park and Silver View Park fee for residents or $50 fee for non-residents. Community Room Rental $100 deposit plus $25 fee for residents/one time uses (i.e., showers, anniversaries, birthdays, parties, etc.) • $100 fee for non-residents. No charge for community organizations for organization meetings. Park Building Rental $25 clean up deposit and $25 key deposit plus $25 fee. Fee waived for community service group meetings (e.g. Scouts, Lions, Lionesses). V. WATER, SEWER, STREET and OTHER FEES Late Payment 10% of bill Load Limits Permit Fee $20/entry/truck Meter Testing (Chapter 906) $50 (free if meter is faulty) Park Dedication Fee Residential Dwelling units/acre 0.0 -2.0 $100/acre 2.1-3.0 $150/acre 3.1-4.1 $200/acre 4.1-5.0 $250/acre • Over 5.0 10% of land subdivision Page 17 Commercial/industrial 10% of land subdivision • Sewer Availability Charge (SAC) $1000 (effective 1/98 per Metro Waste Control Commission). Sewer Charge $45.50 per REC (billed quarterly) (effective 4- 1-96) Sewer Connection/Repair Permit $25 plus $.50 surcharge Service Restoration $75 between 7:00 a.m. and 3:30 p.m., M- F;$100 between 3:30-5:30 p.m., M-F; No restoration after 5:30 p.m. or on weekends or holidays. Shut-Off and Curb Stop cost plus $25 Street Light Utility - User Fees (Chapter 904) Residential (includes single family $.95/unit (monthly) homes, duplexes, fourplexes, condominium and townhomes) Commercial/Industrial $4.75/acre (monthly) Institutional/Charitable $4.75/acre (monthly) Apartments $4.20/acre (monthly) • Street Opening Permit $20 plus $500 to $700 per opening (check with Public Works/Community Development Department for exact amount) Storm Water Management (SWM) (Chapter 908) R-1 $202/lot R-2 989/acre R-3 $1,429/acre R-4, R-0, B-1 $1,429/acre B-2, B-3, B-4, I-1 $1,996/acre Surface Water Management Rates: R1, R2 Single &Two Family $1.33/month Residential R-3 Medium Density Residential $7.27/month R-4, R-5, RO High Density ! $8.82/month Residential Mobile Homes 411 B-3, B-4 $11.31/month Residential Office B-1, B-2, Neighborhood Business Limited Business Page 18 Highway Business, Regional $8.82/month Business I-1 Industrial • PF Public Facilities $3.48/month PUD Planned Unit Development $10/month CRP Conservancy, Recreation and i $1.23/month Presentation School/Church, Public, Private $4.06/month Tapping (water or sewer) City does not perform this service Unit Charge (Sewer) $100 per new structure Water Availability Charge (WAC) Residential $225/unit Commercial/Industrial larger of$900/acre or$224/36,000 Gallons of Water Consumption of Water Water Charge 9 $1.40/1,000 gallons Water Connection/Repair Permit Service less than 4 inches $25 plus $.50 surcharge Service 4 inches or greater $50 plus $.50 surcharge • Water Disconnect Reconnect in Spring $25 Water Hydrant Deposit $300 Water used from hydrant: $1.30/1,000 gallons Meter Deposit, 2- '/z': $500 5/8" Meter Deposit: $85 Wrench Deposit: $20 Hose Deposit: $20 Adapters: $20 deposit Water Meter $85 Water Quality Testing Charge $1.43 per quarter (MNC - per connection) Utility Bill Assessment Search $10 • Page 19 21-4eni EC, • RESOLUTION NO. 5192 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVOKING MUNICIPAL STATE AID STREET WHEREAS, it appears to the City Council of the City of Mounds View that the road hereinafter described as a Municipal State Aid Street under the provisions of Minnesota Laws, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, that the road described as follows, to-wit: County Road I from Pleasant View Drive to Silver Lake Road be and hereby is, revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota, and; • BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration. Adopted by the Council this 15th day of December, 1997. ATTEST: Mayor (SEAL) Clerk-Administrator • Item No. E.7 Meeting Date: 12/8/97 • Type of Business: CA WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Approval of Resolution 5193 authorizing the hiring of Steven Dorgan as Housing Inspector Date of Report: December 4, 1997 Background: The City Council previously authorized staff to advertise the Housing Inspector position following the resignation of Jennifer Bergman. Approximately 20 applications were received. Staff reviewed the applications and interviewed four candidates and selected Steven Dorgan as the top candidate. Mr. Dorgan has a Bachelor of Arts degree from the University of Minnesota, Duluth and is • currently enrolled in the Mankato State University Masters of Urban Planning/Public Administration program. Steve also has 4 years experience with the cities of Woodbury and Eagan. He has experience in field inspections, code enforcement, administering a rental housing licensing program, as well as with ordinance review and amendment. He also has GIS and computer experience. City staff has offered the position to Mr. Dorgan subject to approval by the City Council and successful completion of a physical examination and drug and alcohol test. Mr. Dorgan has accepted the City's offer and can start on December 15, 1997. Recommendation: City staff recommends that the City Council approve the attached resolution 5193 authorizing the hiring of Steven Dorgan as the Housing Inspector at step 1 of the 1997 salary schedule for that position($28,224.48 per year). Rick Jopke, ommunity Development Director • N:\DATA\USERS\RICKJO\120897.RPT RESOLUTION NO. 5193 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE HIRE OF STEVEN DORGAN AS HOUSING INSPECTOR WHEREAS,the position of Housing Inspector was advertised in several local publications resulting in 20 candidates applying for the position; and WHEREAS, Steven Dorgan applied for the position and met all of the qualifications as described in the position announcement; and WHEREAS, Mr. Dorgan has a Bachelor of Arts degree from the University of Minnesota -Duluth; and WHEREAS, Mr. Dorgan also has relevant housing and municipal experience, having worked for the cities of Eagan and Woodbury; and WHEREAS, his education and work experience indicate he has the knowledge, skills and • abilities to perform the job tasks and duties of the Housing Inspector position. NOW, THEREFORE, BE IT RESOLVED, that the interview panel propose Steven Dorgan to be hired for the Housing Inspector position starting December 15, 1997 at step one of the 1997 salary schedule($28,224.48 per year) BE IT FURTHER RESOLVED, that such hire is contingent upon the successful completion of a physical examination, background check and drug and alcohol test. Presented this 8th day of December, 1997 (SEAL) Duane McCarty, Mayor Charles S. Whiting, Clerk-Administrator ATTEST: • E7 CITY OF MOUNDS VIEW • RESOLUTION # 5195 Resolution Supporting Minnesota Department of Health Study of Mobile Home Parks WHEREAS, The State of Minnesota has assumed responsibility for the regulation of mobile home parks through the Minnesota Department of Health; WHEREAS, serious issues face mobile home park residents and their host communities related to general living and housing conditions and public safety; WHEREAS, the League of Minnesota Cities is proposing legislation which would require the Minnesota Department of Health to conduct a statewide study of mobile home park issues and to develop proposed solutions for these issues. NOW, THEREFORE BE IT RESOLVED: The Mounds View City Council declares its support for adoption by the Minnesota Legislature of the legislation proposed by the League of Minnesota Cities requiring the Minnesota Department of Health to conduct a statewide study 41) of mobile home parks. Adopted this 8 day of December 11997 CITY COUNCIL • ATTEST: • Item No. & Type of Business: PH WK: Work Session;PH:Public Hearing; • CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Lynnette MorganLA Item Title/Subject: Public hearings to consider the renewal and transfer of on/off sale 3.2% Malt Liquor licenses Date of Meeting: November 24, 1997 Pursuant to Chapter 503.08 of the Municipal Code, a public hearing is required for the issuance of 3.2% malt liquor licenses. The following businesses meet the requirements for the renewal and transfer of 3.2% malt liquor license(s). • Public Hearing at 7:11 p.m. To consider the renewal of the 3.2% on-sale malt liquor license for the Bridges Golf Course, 2850 82nd Lane. • Public Hearing at 7:12 p.m. To consider the renewal of the 3.2% off-sale malt liquor license for Tom Thumb . Food Markets, 2408 County Road I. • Public Hearing at 7:13 p.m. To consider the transfer of the 3.2% off-sale malt liquor license for Super America to Retail Joint Venture, 2640 County Road I. Staff recommends approving the above listed 3.2 % malt liquors license with the license period from January 1, 1998 to December 31, 1998. • • !ofice of Public llearkg • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the Mounds View City Council will meet on December 8, 1997 at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota, 55112 to consider the renewal and transfer of the following on and off- sale 3.2% malt liquor licenses: • 7:11 p.m. to consider the renewal of the on-sale 3.2% malt liquor license for the Bridges Golf Course, 2850 82nd Lane; • • 7:12 p.m. to consider the renewal of the off-sale 3.2% malt liquor license for Tom Thumb Food Markets, 2408 County Road I; • 7:13 p.m. to consider the transfer of the off-sale 3.2% malt liquor license for SuperAmerica to Retail Joint Venture, 2640 County Road I. Anyone desiring to be heard with reference to this matter may be heard at this meeting. If you have any questions regarding this meeting, please contact me at 717- 4000. Chuck Whiting Clerk Administrator This notice published in the New Brighton Bulletin November 25, 1997. • 6,2 • interoffice MEMORANDUM to: Maly Saarion and Chuck Whiting from: Mary Johnson and Tracy Sanchez, Editorial Board Members subject: Newsletter Bid Results date: December 5, 1997 Each year, the printing for the Mounds View Matters Community Newsletter is sent out for bids. Bids were received by Monday, December 1, 1997 for the 1998 printing contract that will begin on December 12, 1997 with the printing of the January/February, 1998 newsletters. The bid is for a total of six bimonthly newsletters. Listed below are the following bids for the 1998 printing of the Mounds View Matters: Nystrom Publishing $17,328.08 Monotrade Inc. $17,425.58 Admin. of MN $26,448.00 • Sir Speedy $40,600.00 Print Central $48,909.36 The low bid with a total cost of$17,328.08 was Nystrom Publishing. This company has printed our newsletter in the past and has done an excellent job. The Editorial Board unanimously recommends awarding the bid to Nystrom Publishing. The Editorial Board has researched new ways of delivering the newsletter. We have found a company called Independent Delivery Service that will deliver the newsletters to each home for five cents a newsletter. This company delivers the Focus Newspaper in our city and delivers other cities newsletters and brochures. S RESOLUTION NO. 5194 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE MOUNDS VIEW NEWSLETTER BID AWARD TO NYSTROM PUBLISHING FOR THE YEAR 1998 WHEREAS, each year, the printing for the Mounds View Matters Community Newsletter is sent out for bids; and WHEREAS, the 1998 printing contract will begin on December 12, 1997 for the printing of the January/February, 1998 newsletters; and WHEREAS, the bid is for a total of six bimonthly newsletters; and WHEREAS, the low bid was $17,328.08 from Nystrom Publishing, who has printed our • newsletter previously; and WHEREAS, the Editorial Board Committee unanimously recommends awarding the bid to Nystrom Publishing; and NOW, THEREFORE, BE IT RESOLVED that the City Council and Clerk-Administrator of the City of Mounds View hereby approves the bid award to Nystrom Publishing for$17,328.00. Adopted this 8th day of December, 1997 ATTEST: Mayor Duane McCarty (SEAL) City-Clerk Administrator, Charles S. Whiting • Item No. C 3 * "1 Meeting Date: December 8, 1997 • Type of Business: CB WK: Work Session;PH:Public Hearing CA:ConsentAgenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: James Ericson, Planning Associate Item Title/Subject: Wetland Alteration Permit and Partial Fasement Vacation Request by Good Value Homes for Lots 17 & 18, Block 1, Edgewood Square (Pinewood Circle); Planning Case No. 506-97 Date of Report: December 5, 1997 Summary: John Peterson, representing Good Value Homes, Inc., has requested that the City approve a wetland alteration permit and an easement vacation over a portion of Lots 17 & 18 of Edgewood Square which was dedicated to the City as a result of the initial platting in 1982. Even though wetlands are present over parts of Lots 17& 18 and all of Lot 19, drainage easements were • dedicated for the entirety of the three lots. This may have been done to simplify the legal descriptions of the easements. To build on the two lots, a wetland alteration permit would need to be obtained because work will be done within the City's wetland zoning district. In addition, approval is needed from the Rice Creek Watershed District. The City reviews all development that occurs within wetlands and their buffers because of the important role that wetlands play in maintaining the ecosystem and the area hydrology, in that they are critical to the present and future health, safety and general welfare of the land, animals and people within the City. Any existing and potential development within the City and the Rice Creek Watershed pose increasing economic and ecologic demands, potentially despoiling, polluting or negatively altering wetlands and their contributory function and benefit to the City. Previous Action: This case was brought before the City Council on October 27, 1997. The history of the Edgewood Square subdivision was discussed with the central element of concern being the drainage and utility easement that covers the three lots. The Council directed the City Attorney to first investigate the plat to determine why the lots were placed completely within an easement when they do not appear to serve a drainage purpose and second what impact might be expected as a result of the easement vacation. The other issues surrounding the proposal concerned(1) • possible impacts to the wetland, (2) the size of the wetland, (3) whether or not the wetland fell under the jurisdiction of the DNR and (4)whether or not the applicant had an ownership interest in the property. City of Mounds View Staff Report Planning Case No. 506-97 December 5, 1997 Page 2 • Original Purpose of the Easement. The City Attorney will make an oral presentation on this topic at the meeting. According to the plans and land elevations included in the City's Local Water Management Plan, the lots do not appear to perform a significant drainage function and do appear to contribute to the overall hydrology of the City. Wetland Impacts. According to the City Engineer, the wetland should not be negatively impacted by this development. No construction activity will occur within the wetland's delineated boundaries. In addition, a protective ten-foot wide strip of natural buffer area will be left undisturbed around the wetland which will help reduce any potential contaminants from entering the wetland area. Size of Wetland The size of the wetland remains a question, though one that holds little relevance to the development as proposed. City estimates indicate that the wetland is approximately 5.9 acres in area. Representatives from both the DNR and the Army Corp of Engineers have stated that as long as work is not being performed within the wetland, their respective agency approvals are not required. Property Ownership. With regard to the issue of ownership, the applicant will provide the City with a copy of the purchase agreement for the properties in question prior to the meeting on December 8th. Ramsey County records do show Good Value Homes, Inc., as the fee-owner and • tax-payer of thees lots. Wetland Alteration Permit Analysis: According to Chapter 1010 of the Municipal Code relating to the Wetland Zoning District and the recently-adopted Ordinance No. 602 amending Chapter 1010, any work occurring within the 100- foot buffer surrounding a wetland or within a wetland itself requires either a wetland buffer or wetland alteration permit. Because the City's official wetland zoning maps indicate that the work as proposed will be occurring within the wetland, an alteration permit reviewed and approved by the City Council is necessitated. The scope of the proposed work involves the filling and excavation of a previously identified wetland area. In May of 1997, the applicant arranged to have the wetland delineated which is shown on the grading plan as the"worst case delineation." This indicates that the actual location of the wetland's boundary differs from the City's adopted wetland zoning maps. A representative from the watershed district confirmed the delineation as shown on the applicant's grading plan to be accurate. In order for the City Council to approve a wetland alteration permit request, the proposed development shall comply with the requirements as specified in Section 1010.08, Subd. 4. I have provided a matrix listing these requirements and whether or not this development satisfies the individual criteria. • City of Mounds View Staff Report Planning Case No.506-97 December 5, 1997 Page 3 • qiiMedariiithig .,,... ;. i c t£�.:€ S F£, r agran r� li s£4 s€€•fs, :€ I t? t€£, i ..,333 � , ;mows ' �£S€}N _ s 3 s.�}<z..t,stsntts»>ta#suss�# m I } s,fL x-sx3ussnzssnnza£'`nsass 3£„ �ss££szt:'ss '£°£t££s€: �. Tit _<�._��+Rn,_< _ tiFx.ts sx&.tss."sunt Any alteration shall not cause a The applicant proposes to fill 11,850 cf of flood Yes reduction in the flood storage capacity storage capacity but will replace it with an of the wetland. additional 39,500 cf of flood storage capacity. Any alteration shall not reduce the It is assumed that the water quality of this Yes existing water quality enhancement wetland will not be negatively impacted as a value of the wetland under conditions result of the two homes being constructed,as of ultimate development long as a minimum 10-foot wide natural area is left to protect the wetland. Any alteration shall not reduce the Because more than 50%of the lots will be Yes existing wildlife habitat value of a protected by a drainage easement and the wetland. construction area limited to non-wetland areas, there will be no apparent reduction in the habitat value for the wetland. Alterations shall be carried out so as To reasonably use these two lots,vegetation will Yes to minimize the impact on vegetation. need to be removed for the construction of the Removal of vegetation within a homes. In addition,vegetation will be removed wetland zoning district shall be via the filling of one area and the excavation of permitted only when reasonably another area,but this is to serve a greater need of • required for the placement of creating additional flood storage capacity that structures and use ofproperty. will benefit all adjoining property owners of the wetland. Stormwater runoff from a development Because of the grading that will occur,it is Yes may be directed to a wetland when in estimated that potentially less runoff will be compliance with the local water directed to the wetland. While a manicured lawn management plan and only when in place of natural vegetation may elevate the substantially free of sediment, debris level of contaminants entering the wetland, and chemical pollutants. leaving a ten-foot wide strip of natural vegetation around the wetland will help cleanse runoff entering the wetland. The proposed action shall not cause Currently,all of the runoff from these two lots Yes stormwater runofffrom a development drain directly into the wetland. As proposed,the to take place at a rate which would grading and rooflines will direct 50%of runoff exceed the rate or volume of runoff as toward the street,away from the wetland anticipated by the City's Local Water Management Plan. The quality of water infiltrated to the The quality of the water that will enter into the Yes water table or aquifer shall remain ground water system as a result of this substantially unchanged. development is not expected to differ significantly from before. City of Mounds View Staff Report Planning Case No. 506-97 December 5, 1997 Page4 ....:... ........ ........... wer } £ E s }£ # £ § £i vis ;s�#� 5 } sti t s',s �s s#c ect ..E# £`} s i 5 ttOj { : �? r.,>rrt.t.a.} .!�' .. int -'' »s s s.. F�,.>sss.s. »»s t»»zn>s ss»> E°t si sus s'# # #F. Es ss} ss s��s£#iNSFA.}s.s<i x No part of any sewage disposal system These lots will be connected to the City's sanitary Yes requiring on-land or in ground sewer system and as such will not be disposing of disposal of waste shall be located wastes on site. closer than 100 feet from a wetland Waste which would normally be This requirement will be added to the resolution Yes disposed of at a solid or hazardous approving the wetland alteration permit. waste disposal site shall not be directly or indirectly disposed of into the wetland Construction erosion control measures Plans and supporting documentation for such Yes and retention facilities shall be measures and facilities shall be approved by the designed to limit soil loss to not more City prior to commencement of construction. than S tons per acre per year. No alteration shall be allowed which The health,safety and welfare or persons in and Yes endangers the health, safety or welfare around this area will not be endangered by this of persons or which may result in development,nor will it result in unusual road unusual road maintenance costs or maintenance as the roads are already in place and utility line breakage. are functioning as anticipated. • As can be seen, all of the criteria with regard to Section 1010.08, Subdivision 4a can be met. In addition, Section 1010.08, Subdivision 4b lists requirements that will need to be met which will be included as contingencies to the resolution approving this wetland alteration permit. The City Engineer has reviewed the plans and finds them consistent with the City's Local Water Management Plan. Vacation Analysis: According to Section 12.06 of the City Charter relating to Vacation of Streets, the Council may by ordinance vacate any street or alley or other public grounds or part thereof within the City. Minnesota Statutes and the City Charter require that vacations require a public hearing. Such vacations may be made only after published notice in the official City newspaper and for providing the affected property owners and public to be heard. This action shall be recorded with Ramsey County to take effect. When originally platted, these two lots and a third were placed in a drainage easement as they were deemed to be unbuildable. The City since that time has adopted its Local Water Management Plan which comprehensively deals with all aspects of drainage, stormwater runoff and wetlands within the City. Along with the Wetland Zoning Ordinance, which was adopted by the City in 1992 and revised in 1997, certain types of development under certain conditions are • allowed within and alongside wetlands. Vacating a portion of the original easement over and across Lots 17 and 18 would not be inconsistent with either the Local Water Management Plan or City of Mounds View Staff Report Planning Case No. 506-97 December 5, 1997 Page 5 the Wetland Zoning ordinance. The City Engineer also recommended that the City retain an additional ten feet of easement around the wetland to guarantee a natural vegetation strip would be maintained between the wetland and the sodded backyards. The City attorney has prepared Ordinance No. 608, an ordinance approving the vacation of that part of the drainage easement shown on the reduced grading plan. Once adopted by the City Council, the ordinance would then be published in the City newspaper and would become effective 30 days thereafter. Recommendations: 1. Approve Resolution No.5173, a resolution approving the wetland alteration permit requested by the applicant, Good Value Homes, to allow for the construction of two single-family homes on lots 17 and 18,Block 1,Edgewood Square, subject to stipulations. 2. Approve the first reading of Ordinance No 608, an ordinance authorizing the vacation of a portion of a drainage easement over and across Lots 17 and 18 of Edgewood Square for Good Value Homes, to allow for the construction of two single-family homes. • 01/2/14 James Ericson, Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Wetland Map 4. Fax from Rice Creek Watershed District,dated 10/16/97 5. Letter from the Applicant,dated 9/29/97 6. Resolution 5173 7. Ordinance 608 N:\DATA\GROUPS\COMDEV\DEVCASES1506-97\GOODVALU.RPT • • -4EMMICEMiw) IIMMEIMMIgnib I I V rim CODILZYITy DEVELOP1YtENT DEP_4RTy `iT ,,; DEVELOPMENT APPLICA.TION ' 2401 Highway 10, Mounds View Mir 551 I2 • 612-784-3055 612-784-3462 -FAX Please Type or Print Information-Complete Both Sides of This Form . Applicant Information Name of Applicant John R. Peterson e • Tel. j ephone • 755=9793 Address 9445 E. River Road Fax 755-6207 Coon Rapids, Mn 554.33 Good Value Homes, Inc. Interest is Property(check appropriate box) -- Owne:of Prcocv . a Catlin=for Deed Own= --• a Lessee,Op rator,Manage • a Aj r e ent to Purchase C CM=(captain) - Applicants must provide evidence of interest.in property at the time of application,and if you are not the owner of the property,you must provide a letter of permission from the owner giving consent to the filing of this application.. The property owner must sign this application for it to be accepted. Property Description/Proposal • Address or Gccai Location. Legal De, doa LbctS I-? F ( EV6 uDm SOU r4 • P:opcty Idensification#(Pal i Oaf?.ate Ca:-._.t Zoning — P--�.ct Use Type ofAapti,catioa C Uttde:etopeti/V neat C eve Pact A mr^rfmrtr CO (-. Bugle.staiiy Dwelling Dttoie�JTwo ramiiyDw - $t-^rr+ncr 1 =CO/a min O m,T,cStOCO C :Nffuiti_: g Ma or Subdivision S2S0-S25.0 dost :ataiiy Dwe�.lings C N(iaor Subdivisionc a BZrsnma esseComc--:al Esrabl►chrft—rSI O F.2=1 Uar evcaIImctt(PUD) ASO a IcdustrarsEstablishmentiD . C Cchc(cL a) C .PUD Amendment SISO C . Cal Use Pmt R-1,RZ S75;all antes=00 • Ver, R-I,R.-2.S75;ad othcs X00 C ' Code Anneal S75 C, Deioo Role"Sire Plan S I00/a0 =in SICO aac 1500 WC.; d Altcaaon Putt SSO r-d osis' W r i Httrrc-?mit 7 a Foodatata.Pmt 5200 CatelIl Mai Code for e':tplanation of do asits Please complete the reverse side of this application. SOH 2rrvAQD .. Development Application _ . - Page 2 • Propel)?Classification Abstract tz Terms Desription of Proposal We Ale 12.FQc Tim "f-14 AI 1+ Ek -&.r t, �. L, . 1 I 6&w oU1, 5Q v r/1✓- Z3F VA-C'It Td-D. BY MY(OUR)SIGNATURE ON lIES APPLI•• 'BION,IHEZ.YDECLARE. THAT,TO THE BEST OF MY • T�tOWL.=D ,TrE INFORMATION PROVED i- 'E AND ACCURATE, • Signannt of Applicant 1/1 Name of Applicant(typed/printed) U„ �� Sigaanae or-Proper?r?Own=Ow=Name ofProp ty Ow (typed/printed) ' G O TJ YI (J/d'L.(1 cc f -< Ti)t.0 v • • • Date of Subteirtai �i_� FOR OFFICE USE ONLY Date of A tans Assigned to: PIlnnino Case No. 50 -q T) 60-dav Lit 120-day limit F P Ac:auar Ca=k Application: Se; 115 Paris De::icazion: Deposit 40C. Total: • C:OFFI=WEIWNWPDOCTADMINVOILVISMEVAPP-OR 1197 •-•W • • v. 8000 8005 801 • 79E 7935 14'i X4;4, r' CO N 7931 :_14:;,n ,1 a' r r N N 7984 7929 N m 7927 ,�, �+� t •IpliVA N7980EIIIIIIM Q 7923 KNO792117920 J m 7944Mae 791• n `art •� m N N� ®�Z ,:r, In N N •®cno N N N W 7913 N �® \ �� ^• Ca CON N 79.3 7931 I E 7909 �" �' -� 7930 7909 . C7 7904 N'N N N VV" o• 5t4 a�I c+ • I c., 17900 114 N N I ( n 7905 790 RGh%. N N r cr N N 7901 I H11�- Q C N S P �a s O 0 70 gi r? en Pn�1 I N r?;\- N N CON m r Q N N N N N N cm N N N 01 04 � N Nt NI N1NiNlN N N N N I ME - 7869 7860 1:2 OAKW000 OR N I C+1 I N I N I C 7870 u1 �• •- Z MEM n • Er N NINI ^ialN � ~ CE N N N N N •� rild: N 5612}561 �. nlam �,,� 411N , O • 560 560 M Ni N IF, c L a I 781 3 7815 781• ®�L � ►liiiii 5600 5601 • • N N N N N i n 780: ,�� { lf_t1;4. N I 7800 7801178044 781 7 "`6 �556' N I N I N I I N ' N N N N N 777$ mum• 7HO7; 0 " Cr.T ,�,,. z -- N N ■ Wu V 4..550 2 IME L ' ' '(C m o Frs�111170 mic IL,,, .ft ! Y 555 W ^ NNN 1 NX48 . 77411P!NEW000 CSR7728 a �� er• e•1 4 � 5 7710 7709771• N N N N N N N N �, > PINEWOOD MEE 7701 1770• m • X15 • ( 40 ,� N . 2,37M5 N N 5526 a m aQ Q ca cc Mac 7701 I N I N N N N 552 i 552015521 5520 NIN 1 N N i"' N NN ca , CO - RD a 0 CO CO CO I'I N o� I 5 N N N N N N h NN pl N Q. N N N ,s-, NI NI g3. 17 • 766; 766• ' N N N R-4 R-4. MUMKM a i wo . 1" 7661 "' m` Z N N N N 27 1 11 N N al Ric i 7635 may,.„ - 7651 5480 I 5;79j 4 7655 8 763 7-T► 7645eiii O . _'_' 7641 S•c7t 1 54731 • 2 .. I 7611761• z 546$ I 5467 �/ I NI ..awl: W 75as 759 7631 z •- 5462 1 54� f:11 5454. 45_ N _ _ 74..811758• �- ` ,M v I 5 ,a = 7,.a i 'n _i 5446 1. 5.44.74"a N Ca �. N 7565175. c 54W e in co I 5441 N r N a 7551175.Z' 7521 ` In ! 5434 I 5433 74..351753 7511 5426 1 54G5 • 7521 75201' 5420 54211 _ C, PF7505175041 7501 I 5401 5414 I 54150.5 7 !! 54(16 1 54 �...... BRONSON I. I Zoning Map Planning Case 506-97 Applicant Good Value Homes Location: Lots 17 & 18, Edgewood Square j ; — ... • ••• L 16 . e � Zf M.V. PARK0 5 •, , 1 t 15 --I W _. • I / 41'9 25 Cr i 16A 17 18 (S 411, 3 2 . 24 _ • :: 413t 12.__S7.3.;x4-3-A-1- •Sc - rrac %;:%.: 't�:•};:! ..:::;: 5 x .•c. :: : :;v `>: :r. 60 SG 35.E •.:f:•y; A.s :k: :�..: . :: :ti{ .;.:.:.:.,:•:•;.:••••:••:•::1• ••••:•:••:•••••••� :ti rv;:::•:;- I • oi •• N� •'�'j:�ifi:{\:Crl::: ��t.:v::j:::: ::;:: :s;��::��:;:•:ti .•r: _ :Y - K Y: \••k�'Y• i�•::":i::: : -ice N •� . 3i 4 I '.. 01'1'010.f,'::: :•: .:;vim :ti° v p •v •.� I ••vim. •: "::• w•• ••v "{ i-;•;r•:::•:;: :iv ::* :}`%tit ' <i:i4::.:':;•:v:r i : ::i: ., ; i O 1 24 • Cii •••' 2.CA 'Mr .......,:•::.-......x.x.y.••:.:•:.••••.4.17,7.-.4•.:::•:•:•%•:•:•':•:•:•:+:•::':•:•:•:•'•:-::':':•:•:•:•: .—.- --...... __I ', : . . sas... .v'" i.4 :,.:: ::+ ::tiff: '•: ';:•: :i. : .r :. LY; is 3 3 22 • � �ye + +••r• riE11tlD :r• :••••:• '•:.�: 4 rG 4 Z♦ •. ♦'a + • • •• o 6• •1110 ted+ _sem• •:- i. u. --..0 0'0.0 40,-,..,0 00 0 0 00 0 0 A,*i,o,0.0-* - .0. 47-J,• `0.91'001;• 'c i s i��kt�00•0 .•••i PAGE 01 RICE CRF.! WATERSHED D1sTRICi • SUITE 330 ARDEN PLAZARCWD Pe IT ;10. 97-117 358.5 LE cNGTON AVENUE NORTH ARDEN HILLS, MN S5I26-3OS6 c: City of Mounds View Montgomery Watson Inspe:.ar Brough RCWD File Peri' P P TION 97-117 Lama Scheidt Issued to: Good Value Hames. 9445 East Riva Road. Coon Rapids, MN 55433 Location: Esu of Edgewood Drive and immediady Garth of P.nowood Cite, Mounds View Arose: ' Approval of s Land Develop= Plan and Wetland Alteration Plan for throe single- family =Weems within an existing developer ktowa as Edges/cod acres Square. 2.0+ At their meeting oe September 24. 1997, the Board of Managers of the Rice Creek Watershed District reviewed your permit application and the rrtammesdadaa of the District following exhibits: Engineer baud upon the I. Pszait Application. direct August • g 27, 1997, • rived August 25, 1997 Prelimiaery Pet and Grading Piart by Passe September 22. 1997. raved October 8 997. Inc., last revised 3. preis= sasrartve br August 25, 1947. Passe fig' Iar.. dated August 21. 1997, received 4. ifydrolegic calculations prepared by Passe Engine ng. Inc., dated August 7, 1997, re ived August 25. 1997. delineation S I1, 1997, �. proared by Pin Ettvtta' j Ccasultiag. Inc.. dated Iuiy fiber L 1997. • 6- RCWD P=mit Fees 92-161. 83-72. and 80-I1S. 7. Cash surety is the amt of 53.000, received Cobs• 3, I997. They found the project 1 to be itt acmtslatce with the Rules of the Disci= and Regulations � Guidelines ons: appntri°`ithe �. with the following additional NO ADDITIONAL S /PUL-4TION3 • cooCsnu02 Ort rave:m-- RCIVD PERMIT NO. 97-I17. continued: . Page Z it is tee t'�oasibility of the Permittee to site duras site all measures nary to contain sediment on the g construction. 'This may require the use of erasion coarro1 erosion cant=o! ptm, If this r�suta sot ourlinex! oa the erosion control Lus. s If is not met. the Penn see may be =deed co proves additional deemednecesury propertyche owner m by the District inspector. It is also the provide tecersary ttninr•,sne,. to assure that the stortnwa r�asibility of means approved as part of this Permit 3�Seac conziaua to function as originally designed. NOTE FOR PROVIDERS OF A CASH SUREAt !asst Two (2) impactions of the project site are included with this Permit, one afar me l on, rev erosion control measures are in place and one after projCct eg�ion, and silt fence removal. and will be co fay. fermi, and stipulations of this Permit. Failure to `°j to Q compliance wire I211 t _� oture of y� cash sang, t siaa of the fly °`io sofe lapioiag 2.89 reSA Pletise � � D£�itt Dt� •�� sad is is vfolatioQ of Chapter i IZ83 MSA, vegetativeriver 1» be establishes! sada final writing � project is complete and p� requested or required, will he billed at 325/visit. a will be made. Any additional inspection. This damn= is not asmfereble. an is valid for comaucaioa is -font mantes after the due of issuance. Na time co iC712 l sbeyond the n dam of Graber 16, 1999. If Portia= requires more construction. a rtacwal of the Permit will be accessary. Ptaoa mac RCSVD at the wort483-0634 whys the projes:t is alma to e:ased in progress.. By aa�saacr of this Permit, p ttee has consented an may view coatpletica. arfna form msut be dewed and forw�{� within tea (10) days foregoing. The • 4.. • — Euge:e L famid of Meiners San a y RCT . . of Mann= • � Andrew 1. Cardinal. Sr. Dane of rum= tcober 16. 1997 jak • • Form C Revised 1191 • • A ow CKDDVALUE HOMES September 29, 1997 . • Community Development Department City of Moundsview 2401 Highway 10 Mounds View, MN 55112 Re: Lots 17 and 18 Edgewood Square To Whom It May Concern: We have owned Lots 17, 18, and 19 Edgewood Square for many years. During that period of time we have been paying significant amounts of taxes on the property. We are hereby requesting vacation of the drainage and utility easement which • encumbers the Lots 17 and 18 Edgewoocd Square. We are not requesting a vacation I of the easement over Lots 19 Edgewood Square. It is my understanding that we also need to request a Wetland Alterations Permit before we can build on the subject lots. Last week the Rice Creek Watershed approved our request to alter the wetlands per the enclosed plan. Please advise me as to what steps need to be taken to obtain building permits for these two lots. incerely, John R. Peterson P4sident • • • Good value Homes.Incorporated 9445 East River Rd.N.W.Coon Rapids MN 55433 612-755.9793 Fax 612-755-6207 03 Cr Aaci— Regmered Builder it 200549$J �tor 'ss..._ lapw,wWoutr RESOLUTION NO. 5173 • CTTY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE WETLAND ALTERATION PERMIT FOR LOTS 17 AND 18,EDGEWOOD SQUARE,REQUESTED BY GOOD VALUE HOMES; PLANNING CASE NO. 506-97 WHEREAS, Good Value Homes has requested approval of a wetland alteration permit to construct two single-family homes on properties zoned R-1, Single-Family Residential, legally described as follows: Lots 17 and 18, Block 1, Edgewood Square,Ramsey County,Minnesota WHEREAS, Lots 17 and 18 each meet the dimensional requirements of a buildable lot as set forth in Section 1104.06 of the Mounds View Zoning Code; and, WHEREAS, parts of Lots 17 and 18 lay within the wetland designated as GF-4 in the City's Local Water Management Plan; and, WHEREAS, the minimum recommended building elevation within this sub-watershed is 903.4 feet; and, WHEREAS, The City reviews all development that occurs within wetlands and their buffers because of the important role that wetlands play in maintaining the ecosystem and the area hydrology, in that they are critical to the present and future health, safety and general welfare of the land, animals and people within the City, and, WHEREAS, the scope of the proposed work involves the filling, excavation and grading of land within the wetland buffer and the construction of two single-family homes; and, WHEREAS, the Rice Creek Watershed District on October 16, 1997, approved a permit for this project; and, WHEREAS, the City Engineer has reviewed the grading plan dated 10/3/97 and found it to be in compliance with the City's Local Water Management Plan; and; • WHEREAS, the Mounds View City Council has reviewed the proposal and finds it consistent with the standards in the City's Wetland Zoning Ordinance, Chapter 1010.08, Subdivision 4 as follows: • Any alteration shall not cause a The applicant proposes to fill 11,850 cf of flood storage • reduction in the flood storage capacity but will replace it with an additional 39,500 cf capacity of the wetland of flood storage capacity. Resolution 5173 Wetland Alteration Permit--Good Value Homes Planning Case No.506-97 December 8, 1997 • Page 2 • Any alteration shall not reduce It is assumed that the water quality of this wetland will the existing water quality not be negatively impacted as a result of the two homes enhancement value of the wetland being constructed,as long as a minimum 10-foot wide under conditions of ultimate natural area is left to protect the wetland. development • Any alteration shall not reduce Because more than 50%of the lots will be protected by a the existing wildlife habitat value drainage easement and the construction area limited to of a wetland non-wetland areas,there will be no apparent reduction in the habitat value for the wetland. • Alterations shall be carried out so To reasonably use these two lots,vegetation will need to as to minimize the impact on be removed for the construction of the homes. In vegetation. Removal of vegetation addition,vegetation will be removed via the filling of one within a wetland zoning district area and the excavation of another area,but this is to shall be permitted only when serve a greater need of creating additional flood storage reasonably required for the capacity that will benefit all adjoining property owners of placement of structures and use the wetland. of property. • Stormwater runoff from a Because of the grading that will occur,it is estimated development may be directed to a that potentially less runoff will be directed to the 411 wetland when in compliance with wetland. While a manicured lawn in place of natural • the local water management plan vegetation may elevate the level of contaminants entering and only when substantially free the wetland,leaving a ten-foot wide strip of natural of sediment, debris and chemical vegetation around the wetland will help cleanse runoff pollutants. entering the wetland. • The proposed action shall not Currently,all of the runoff from these two lots drain cause stormwater runoff from a directly into the wetland. As proposed,the grading and development to take place at a rooflines will direct 50%of runoff toward the street, rate which would exceed the rate away from the wetland or volume of runoff as anticipated by the City's Local Water Management Plan. • The quality of water infiltrated to The quality of the water that will enter into the ground the water table or aquifer shallwater system as a result of this development is not remain substantially unchanged expected to differ significantly from before. • No part of any sewage disposal These lots will be connected to the City's sanitary sewer system requiring on-land or in- system and as such will not be disposing of wastes on ground disposal of waste shall be site. located closer than 100 feetfrom a wetland 110 Resolution 5173 Wetland Alteration Permit—Good Value Homes Planning Case No.506-97 December 8, 1997 Page 3 • No alteration shall be allowed The health,safety and welfare or persons in and around which endangers the health, this area will not be endangered by this development,nor safety or welfare of persons or will it result in unusual road maintenance as the roads are which may result in unusual road already in place and are functioning as anticipated maintenance costs or utility line breakage NOW, THEREFORE,BE IT RESOLVED that the Mounds View City Council approves the wetland alteration permit requested by Good Value Homes, contingent upon the following: 1. Plans and supporting documentation for controlling erosion shall be provided by the applicant and approved by the Community Development Director prior to the issuance of any grading or building permits. 2. The pervious surface areas of the lots shall be sodded or landscaped (up to the ten- foot natural vegetation strip along the wetland) to prevent substantial soil loss from the site. This will need to be accomplished before certificates of occupancy are issued. • 3. Only clean fill, substantially free of chemical pollutants and contaminants, shall be brought onto the site. 4. The minimum building elevation for the homes to be constructed on these two lots shall not be less than that specified in the City's Local Water Management Plan. 5. No waste—solid, hazardous or otherwise—shall be allowed to enter directly or indirectly into the wetland. 6. A ten-foot wide strip of naturally vegetated land shall be left unlandscaped and included within the easement area to further protect against contaminants (fertilizers, etc.) from entering into the wetland. 7. The homes' foundations shall not exceed 2,000 square feet nor shall the homes be setback more than thirty feet from the front property line. In addition, the homes shall maintain a minimum 25-foot setback from the rear drainage easement. 8. No work(landscaping, mowing, filling, excavating, removal of vegetation, or any other alteration of any kind) shall be permitted within the easement area. • 9. The applicant shall arrange to have Ordinance No. 608 (the Ordinance authorizing the partial vacation of drainage easement area over Lots 17 and 18,) recorded with Ramsey County and provide proof of such recordation to the City before any. building or grading permits are issued. Resolution 5173 Wetland Alteration Permit—Good Value Homes Planning Case No.506-97 December 8, 1997 Page 41111 Adopted this 8th day of December, 1997. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator I 410 ORDINANCE NO.608 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE VACATING A PORTION OF A DRAINAGE EASEMENT OVER LOTS 17 AND 18,BLOCK 1,EDGEWOOD SQUARE • 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 No. 608: Subdivision 1. All of the following described land is subject to an easement("Drainage Easement")for public utility purposes, as shown on the plat of Edgewood Square,Ramsey County, Minnesota: Lots 17, 18 and 19, Block 1, Edgewood Square, according to the plat filed of record with the Ramsey County Recorder. Subdivision 2. The fee owner of the land subject to the Drainage Easement, Good Value Homes,has requested that vacation of a portion of the Drainage Easement, such portion described as follows: For that portion to be vacated out of the Drainage Easement being Lots 17 and 18,Block 1,Edgewood Square,a plat of record situated in the City of Mounds View,Ramsey County,Minnesota, described as follows: Beginning at the southwest corner of said Lot 18,thence along the west line of said Lot 18 north 00 degrees 02 minutes 59 seconds east, 84.00 feet;thence north 57 degrees 28 minutes 15 seconds east,39.00 feet; thence south 89 degrees 57 minutes 01 seconds east, 147.14 feet to the east line of said Lot 17;thence along said east line south 00 degrees 02 minutes 59 seconds west, 105.00 feet to the southeast corner of said Lot 17;thence along the south line of said Lots 17 and 18 north 89 degrees 57 minutes 01 seconds west, 180.00 feet to the point of beginning herein. Subdivision 3. There are no public utilities or facilities located in the portion of the Drainage Easement area to be vacated described in Subdivision 2 of this Ordinance. The proposed vacation of the portion of the Drainage Easement therefore will not adversely affect the ability of the City or other utility to maintain,repair, or replace public utilities. Subdivision 4. The Council finds that there is no longer a public need for that portion of the Drainage Easement to be vacated, as described in Subdivision 2 of this Ordinance. Subdivision 5. The portion of the Drainage Easement, as described in Subdivision 2 of this Ordinance is hereby vacated. Ordinance No. 608 Page Two of Two . SECTION 2. This ordinance takes effect 30 days after its publication. Read by the City Council of the City of Mounds View this day of , 1997. Read and passed by the City Council of the City of Mounds View this day of , 1997. Duane McCarty,Mayor Charles S. Whiting, City Clerk-Administrator • APPROVED AS TO FORM: Robert Long, City Attorney • Item No. 54' Meeting Date: December 8, 1997 • Type of Business: PH& CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Patrick Peters, Planning Consultant Item Title/Subject: Public Hearing and Consideration of Resolution No. 5183, a Resolution Approving the Silverview Estates Preliminary Plat, and Resolution No. 5184, a Resolution Approving the Development Stage Review for the Silverview Estates Mixed- Use PUD located Southeast of the Highway 10/Silver Lake Road Intersection (2704-2740 Highway 10 and 7801 Silver Lake Road); Planning Cases No. 501-97 and 502-97 Date of Report: December 4, 1997 Overview: • Proposal: The applicant, Silverview Estates Development Company, is requesting approval for a Development Review and Preliminary Plat to permit the development of a convenience market/gas station/car wash on the corner of Highway 10 and Silver Lake Road; a 25,000 square-foot, two-story office building on the parcel north of the former TJB Homes office building; a 5,000 square-foot, one-story office building on the parcel south of the former TJB Homes building; and an 82 unit senior housing building. The site also contains a wetland of approximately 4.5 acres. Planning Process: Planned Unit Developments within the City of Mounds View must go through three steps prior to issuance of any permits and establishment of the use: General Concept Plan approval, Development Plan approval and Final Plan approval. The following chronology summarizes the key milestones leading to the current request for Council action. May 27, 1997: City Council approved Ordinance No. 599 approving the PUD rezoning for the subject property along with Resolution No. 5127 approving the general concept plan for the PUD. August 20, 1997: Items discussed in detail by the Planning Commission October 9, 1997: Mn/DOT granted preliminary approval for the requested curb cuts along Highway 10 October 22, 1997: Rice Creek Watershed approves drainage permit October 31, 1997: Submittal of revised Preliminary Plat and Development Plan for • consideration by the Planning Commission on November 19, 1997 Silverview Estates Staff Report • December 4, 1997 Page 2 Planning Commission Action: At its November 19, 1997 meeting, the Planning Commission voted (7-0)to adopt Resolution No. 526-97 recommending approval of the Preliminary Plat. At that same meeting, the Planning Commission voted (6-1) to adopt Resolution No. 515-97 recommending approval of the Development Plan. Both resolutions recommending approval contained conditions regarding details of the plans. Preliminary Plat Discussion: Background: The proposed Preliminary Plat for Silverview Estates contemplates the replatting of 8 lots containing approximately 13 acres of land into 4 lots within the proposed Planned Unit Development. Proposed lot areas are as follows: • Lot 1 (Holiday Stationstore): 69,862 sq. ft. (1.6 acres) • Lot 2 (2-Story Office Bldg.): 92,454 sq. ft. (2.12 acres) • Lot 3 (1-Story Office Bldg.): 48,000 sq. ft. (1.1 acres) • Lot 4 (Senior Housing Bldg.): 354,140 sq. ft. (8.13 acres) Outstanding Issues: The Planning Commission reviewed the plat in detail for the second time at its November 19 meeting. A revised Preliminary Plat has been submitted to City Staff that satisfactorily addresses the three conditions identified in the Planning.Commission resolution concerning necessary easements and additional County right-of-way. A fourth condition, regarding payment of park dedication fees, has been carried forward for inclusion in the Council Resolution for Preliminary Plat approval. A copy of the Land Appraisal Report, dated October 31, 1997 and attached to this Staff Report, indicates that the market value of the subject tract is $684,000. A park dedication fee of 10% or$68,400 shall be paid by the applicant prior to the issuance of any building, grading or other permits by the City. In light of Planning Staff review of the Preliminary Plat and the favorable findings from the Planning Commission stated above, the Preliminary Plat for Silverview Estates is being brought forward to the City Council at this time for public hearing and action. Development Review Discussion: Background: • Since adoption of the Resolution approving the General Concept Plan in May of this year, City Staff and the Planning Commission have worked with the applicant to identify and address issues Silverview Estates Staff Report December 4, 1997 • Page 3 and plan details in order to bring the Development Plan into conformity with the approved Concept Plan and applicable provisions of the Municipal Code. Land uses to be established on site and the general parameters for their orientation and function were approved as part of the General Concept Plan and accompanying rezoning of the subject tract to Planned Unit Development. As such, the Planning Commission and Staff review has included review of landscaping, signing, architectural integrity and consistency, site lighting, on-site circulation and drainage, among others. Prior to the August 20 discussion of this item at the Planning Commission meeting, a number of important issues had not been resolved: Approval of the drainage plan by the Rice Creek Watershed District; Mn/DOT approval of the access points along TH 10; Ramsey County approval of access points along Silver Lake Road; engineering reports concerning soil testing, underground parking, etc. Additionally, the Planning Commission and City Staff identified issues at and prior to the August 20 meeting that needed to be addressed satisfactorily prior to Commission action. Issues: In order to address the outstanding issues, City Staff members met with the applicants on a number of occasions to work through these items, the most important of which included the following: Signing: A uniform sign package has been developed that reflects the architectural detailing that is ID - consistent throughout the PUD site. The sign package includes establishment of a free- standing, monument-style sign for the Holiday Stationstore that is well under the City's permitted height and sign area restrictions. Architecture: The structures on site have been designed in a fashion that integrates a singular architectural theme throughout the PUD. The theme also will tend to enhance and incorporate the design of the new home of Winiecki Insurance, which is not a part of this PUD. The extensive use of brick and a careful attention to building detail, including the use of consistent design elements on signing and canopy supports, lend a sense of congruity to the site. Traffic and Circulation: Mn/DOT has granted approval for the placement of four new access points along the TH 10 frontage, and Ramsey County has approved those shown along Silver Lake Road. The site has excellent internal circulation in those areas where limitations are not imposed on the site by existing conditions, such as the wetland and existing office building. Even though the site has more than the required number of parking stalls, shared parking will be available within the PUD to accommodate overflow from the senior residence during weekend and holiday parking demands. Landscaping: A detailed landscape plan has been prepared that responds to the comments and suggestions of the City Forester and that identifies areas where naturally existing plant communities will be maintained on the site. The landscaping plan will not only enhance the natural plant communities with new plantings but will enhance points of entry and circulation elements within the PUD. Silverview Estates Staff Report December 4, 1997 • Page 4 Wetland Preservation: The existing wetland is being preserved in its entirety, and water quality on site will improve through implementation of surface water management techniques required by the Rice Creek Watershed District. The wetland area will serve as a site amenity for the residential and office uses that front on this resource. Lighting: Detailed lighting plans have been reviewed for the PUD with particular attention paid to the canopy lighting for the Holiday Stationstore site. The Planning Commission and City Staff have reviewed the impact of glare generated by the proposed lighting system; and, even though site photometrics for the lighting originally proposed meet City requirements, inspection of other Holiday stores with similar lighting arrays suggested that off-site glare could be a problem. The applicant representative has agreed to utilize a baffle within each fixture that, according to revised photometrics, effectively reduces glare by as much as 50% or more. Revisions to the PUD Document(Exhibit 1 of Resolution 5127): The intent of the Development Plan stage of the PUD approval process is to refine the broad ideas put forth in the General Concept Plan. As a result, some of the parameters established in the original PUD document have been modified in order to make this project the best it can be. Upon adoption of the resolution approving the Development Plan for Silverview Estates, the following items from the original PUD document will be modified: • • The senior housing square footage will be increased from 84,000 sq. ft. with 83 units to 115,800 with 82 units. This change is due to an error in the scaling of the building on the concept plan drawing. The footprint has not changed, and regardless of the number of square feet, the building mass and general design have not changed. As such, the necessary amendment to the PUD reflects a modification to the square footage number to reflect actual building footprint. • In light of the County's need to increase the right-of-way width for Silver Lake Road, an additional 3 feet of right-of-way will be dedicated along Lot 4 adjacent the senior residential building. This will reduce the setback for the senior residence and associated parking lots by 3 feet, from 30' to 27'. • The table indicating the amount of impervious and pervious land areas will need to be modified to reflect the actual amounts shown on the drainage and utility plan. • The recreational vehicle service center proposed on site to the rear of the Holiday Stationstore will be added to the permitted use list in the PUD, and the sit-down restaurant will be removed from the list of permitted uses since it is no longer a proposed use within the site. • To better accommodate customers, employees and residents within the PUD, the vast majority of the parking stalls are shown to be 10'x 18' in size. The PUD is to be modified to indicate that either the 10'x 18'or the 9'x 20'(as required by City Code) are permitted within the PUD, but that in no case shall the stall size fall below 180 total square feet. Silverview Estates Staff Report December 4, 1997 Page 5 • Outstanding Issues: The applicant has addressed the vast majority of the conditions established by the Planning Commission in its resolution recommendation approval of the Development Plan. The issues identified below represent the remaining items that must be addressed prior to administrative approval of the Final Plan and the issuance of any and all required permits by the City. These issues are included as conditions of approval of the Development Plan and are included in the Council resolution. The City Engineer shall review and approve the proposed gazebo at the rear of the 2-story office building to ensure that the manner in which it is designed and constructed will not impede surface water flow from the current site of Winiecki Insurance. a The Development Plan shall be modified to reflect an increased setback for the gazebo from the rear lot line of the Winiecki property to conform with City setback requirements for accessory structures. a The sign details shall include design for the entry signs to the Holiday Stationstore site along Highway 10 and Silver Lake Road. a The Development Plan shall be modified to reflect setback distances for the Holiday Stationstore entry signs in accordance with City Code. • a The Development Plan shall be modified to include two additional handicap accessible stalls on Lot 2, to be located on either side of the building's main entrance. o The City Engineer shall review and approve the new location for the NURP pond outlet on Lot 3 and the revised NURP pond overflow position on Lot 4. a An additional fire hydrant shall be added near the west end of the senior residence structure, and its location shall be subject to approval by the City Fire Marshall. a The car wash owner/operator shall recycle a minimum of sixty percent (60%) of the water used in the car wash process. a The recreational vehicle service center drain accessing the sanitary sewer system shall be kept locked or secured to prevent unauthorized dumping and to ensure controlled access. Detailed plans shall be submitted as part of the plumbing permit application that show measures that will be taken to prevent spillage and the method by which the drains will be secured. a The applicant shall work with the St. Paul Water Utility to ensure that the drainage culverts are operational. •0 A separate cross easement document shall be drafted and executed by the applicants which allows residents and guests of the senior residential community to utilize the parking area on Lot 2 subject to availability and parking demand. Silverview Estates Staff Report December 5, 1997 • Page 6 o A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of the land shall be executed as required by Section 1006.06, Subd. 4 of the City Code. O Obtain a permit from Mn/DOT for access onto Highway 10, drainage into the Highway 10 right-of-way and for any grading to take place within the right-of-way. Obtain approvals from Ramsey County for the final grading and drainage plans, access and construction within County right-of-way, and a utility permit for construction within the County right-of-way. • Obtain a general storm water permit from the Minnesota Pollution Control Agency, as required. O Approval of the PUD Development Plan is contingent upon approval of the Preliminary Plat for Silverview Estates. Recommendations: A. Adopt Resolution No. 5183 approving the Preliminary Plat for Silverview Estates, subject to stipulations as noted in the resolution. • B. Adopt Resolution No. 5184 with Exhibit 1 approving the Development Review and PUD document for Silverview Estates, subject to stipulations as noted in the resolution. Attachments: Planning Application Location Map 120-Day Waiver,notarized 1117/97 Land Appraisal Report dated October 31, 1997 Site Plans,Grading,Elevation and Utility Plans,date-stamped 12/1/97(separate attachment) Preliminary Plat,date-stamped 12/1/97(separate attachment) Rice Creek Watershed District Permit No. 97-113,approved 10/22/97 Letter from Mn/DOT,dated 10/9/97 Letter from Ramsey County Surveyor,dated 9/5/97 Letter from Dan Soler,Ramsey County Traffic Engineer,dated 8/11/97 Letter from Minnesota DNR,dated 11/18/97 Letter from the Army Corp of Engineers,dated 11/26/97 Letter fromDon&Marilyn Andra,received 8/19/97 Memo from Fire Marshal Mark Bishop,dated 11/12/97 Memo from Mary Saarian,Director of Parks,Recreation and Forestry,dated 11/12/97 Memo from City Engineer,dated 11/14/97 Planning Commission Resolution 526-97(Preliminary Plat) Planning Commission Resolution 515-97(Development Review) Resolution No.5183 (Preliminary Plat) Resolution No. 5184(Development Review) • Exhibit 1 of Resolution 5184,PUD Document N:\DATA\GROUPS\COMDEV\DEVCASES\502-97\12-8-97.CC II c COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION '?1 2401 Highway 10, Mounds View MN 55112 �6�trt•�r�+�n '�y 612-784-3055 612-784-3462-FAX Please Type or Print Information-Complete Both Sides of This Form Applicant Information Name of Applicant '?1 �R\{El J1 j f G eL6 � t4 L , Telephone 11(2)3"'S3 Address 4 la L Aet iffpi 4 . Fax qf3 3 5—Coq 2_ sStZG, Interest in Property(check appropriate box) a Owner of Property X Contract for Deed Owner a Lessee,Operator,Manager a Agreement to Purchase ❑ Other(explain) Applicants must provide evidence of interest in property at the time of application,and if you are not the owner of the property,you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal (<,�� Address or General Location 1(,()s ID JP-46 GJ w � Legal Description �� �2� Lwr • Property Identification#(PIN#) #ofAa-es t . Current Zoning (3-Z ( t 'L)0 raeo-pce ) Present Use Type of Application a Undeveloped/Vacant a Comprehensive Plan Amendment $200 a Single Family Dwelling c Rezoning .•. .5200 max 51000 a Duplex/Two Family Dwelling X Major Subdivision S25 -��, ••., -- Multi-family Dwellings a Minor Subdivision a Business/Commercial Establishment a Planned Unit Development(PUD) $350 a Industrial Establishment a PUD Amrzr4mp-+r S150 =' Other(explain). a Conditional Use Permit R-1,R-2 S75;all others 5200 a Variance R-1,R-2 S75;ail others 5200 a Code Appeal S75 A Develop Review/Site Plan S 100/ac;min$100 •• S500 a Wetland Alteration Permit S50+deposit* a Wetland Buffer Permit ? a Floodplain Permit $200 a Other • 'see Municipal Code for explanation of deposits Please complete the reverse side of this application. City of Mounds View,MN Development Application Page 2 Property Classification ls0 Abstract c Torras Description of Proposal • PUC L-A-c-� F0,2 C07 f ez-41) . 5 E ) -11-0a Lr pt. I L to I l`k--(a 6-74-0 1'F' '7 moi/`(/c l. v S t_O I BY MY(OUR)SIGNATURE ON THIS APPLICATION,I HEREBY DECLARE THAT,TO THE BEST OF MY KNOWLEDGE,THE INFORMATION PROVIDED IS TRUE AND AC • -TE. Signature of Applicant / //c.c.s.- — Name of Applicant(typed/printed) A7, ,QC;4 Z 441 c77,12/fP/(.9 Signature of Property Owner Name of Property Owner(typed/printed) • FOR OFFICE USE ONLY Date of Submittal ,�,w� ;.S i cm ) Date of Acceptance -L-4--11 15' .(k1. Ptv Assigned to: Planning Case No.. 60-day Limit c /2.3I1' 7 I20-day limit II 1/z.t)t Fees Paid: Account# • C'z T e71-03 Application: Park Dedication: Deposits: len Total: C:.OFF iCEti:/PWZI\WPDOCSIADIv@l1FORMS1DEVAPP.FOR 1197 d U O 3 co .5 r— • a) / co_ z i \ C/) I ai N2 .E N... 0E Q cc W as= C) ■ ..,_, I IJII I > . L II di 117:::11 o U C •eo. .00 se = MEI I I II —A i ii 0 IMP .1k A lila o 11.11MIMI • ,„.„A1111 ‘441111bill* • 2 4 ,„Mit (+um .:,?:::•:::!::g..;•:::!;!! Oanu B. •a_ WV e ..„:, .4.11.:.:q.:1-4 1 >1441 :.!-::...._.._ i is a peon{camel Janlig U Opiiir. 1w , Mir/ 1 1 `- peo puetan0.10 i i 7.- ----......-:.--\\ 1 gill ur " ti 002.002 WAIVER • I, Marcel Ebensteiner,President of Silverview Estates Development Company, do hereby waive my right to have the requested Major Subdivision and Development Review for the Silverview Estates development acted on by the Mounds View City Council within 120 days of acceptance of the application by the City and do hereby absolve the City and its staff for any responsibility in necessitating this waiver. I understand that the waiver of the 120 day review period shall not be deemed a failure of the City to timely review the requested Major Subdivision and Development Review for Silverview Estates and that the development project shall not be deemed preliminarily approved upon the passing of the 120 day period, but instead, such waiver shall permit the City to appropriately review the application and permit Silverview Estates Development Company to submit information required for the review process. I further understand that the City of Mounds View will continue to process my requests in good faith and with all due expedience. • �l - erect Ebenste er, President STATE OF MINNESOTA ) )SS COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 7 day of Nd V• , 1997, by n']are.o.-/ C I,i0e/15f-rrlecthe -�', es( —1Q,,, of Silverview Estates Development Company, who did say that he did so pursuant to authority entitled to him as President of said Silverview Estates Development Company.RAMSEY ZOUNPf My Commission Excites Jan.31.2000 Notary Public •C:\OFFICZWPWDAWPDOCSVERICSOM120-DAYS.viali • OIIIOJ October 31, 1997 Commercial c Industrial Machinery(.Equipment Appraisal Specialists Mr. Marcel Eibensteiner • Silverview Estates 4196 Lexington Avenue Shoreview, MN 55126 RE: Address: SE Quadrant of Highway 10 and Silver Lake Road. General Description: 8 parcels of vacant land. Dear Mr. Eibensteiner: Pursuant to your request, we haveared re p a p p Complete Self-Contained Land appraisal of the above referenced property for the purpose of estimating the current market value. The estimate of value as stated in this report is predicated upon the definition of market value contained herein. Implicit in the definition of market value is thata p yment is made in cash or its equivalency. The equivalency of cash is conventional financing at bank/institutional rates. The subject property is appraised based upon cash or equivalent financing. The property rights appraised consist of tide in fee simple. As a result of our investigation we have formed the opinion that the value of the subject •property "as is" as of October 20, 1997 and based on a marketing period of one year, is: • SIX HUNDRED EIGHTY FOUR THOUSAND DOLLARS $684,000 The undersigned certifies that they have personally inspected the subject property and that this appraisal is made subject to certain limiting conditions and assumptions as hereinafter expressed. Facts and information contained herein were obtained from sources that we considered reliable and are true to the best of our knowledge and belief. This appraisal also complies with USPAP standards. The following report describes our methods of approach, contains data gathered in our investigation, and demonstrates our analysis in arriving at the estimation of market value for the subject property. Respectfully submitted, Orion Ap yre , Inc. Theo. J. .�'*� er David M. Kimball • Certified General Real Property Appraiser Certified General Real Property Appraiser License #4003373 License #4002621 ORION APPRAISALS,INC. 1711 W. County Road B • Suite 210-S • St. Paul, MN 55113 • (612)636-1339 • 1(800) 274-9677• Fax(612) 636-2133 • _. - '• 22 • t J:••..' • • • 410, . . RICE CREEK WATERSHED DISTRICT RCWD PERMIT NO. 97-113 SUITE 330 ARDEN PLAZA 3585 LEXINGTON AVENUE NORTH ARDEN HILLS, MN 55126-8056 c: City of Mounds view Montgomery Watson Inspector Brough • RCWD File PERMIT PERMIT APPLICATION NO. 97-113 Mike Black Issued to: Royal Oaks Realty, 4196 Lexington Avenue, Shoreview, MN 55126 Location: Southeast corner of Silver Lake Road and Highway 10, Mounds View Purpose: Final Site Drainage Plan for the construction of a housing and commercial development to be known as Silver View Estates, 13+ acres. • At their meeting on October 22, 1997, the Board of Managers of the Rice Creek Watershed District reviewed your permit application and the recommendation of the District Engineer based upon the following exhibits: 1. Permit Application, dated August 14, 1997, received August 14, 1997. 4 2. Preliminary Grading and Erosion Control Plan prepared by Charles W. Plowe Engineering, last revised October 22, 1997, received October 23, 1997. 3. Preliminary plat prepared by Charles W. Plowe Engineering, dated September 9, 1997, received October 23, 1997. • 4. Runoff calculations prepared by Charles W. Plowe Engineering, dated September 11. 1997, received September 11, 1997. 5. Wetland delineation report prepared by Arlig Environmental, Inc., dared May 23. 1997, received August 14, 1997. 6. RCWD Permit Files 97-111. 94-93, 90-04, 86-159, 84-30 33-152, 81-82, 81-25, and CSMP 82COI. 7. Cash surety in the amount of 57.000, received November 6, 1997 from Marcel Eibeasteiner. They found the project as planned to be in accordance with the Rules & Regulations and Guidelines of the District and therefore approved the permit as requested. with the following additional stipulations: Stipulation_ An MPCA NPDES permit application shall be submitted immediately following contractor selection. It is the responsibility of the Permittee to provide ajj measures necessary to contain sediment on the site during construction. This may require the use of erosion con col measures not outlined on the ill erosion control plan. If this requirement is not met, the Permittee may be ordered to pro.+ide additional erosion control measures if deemed necessary by the District Inspector. It is also the responsibility of the property owner to provide necessary maintenance to assure that the swrmwater systems approved as part of this Permit will continue to function as originally designed. INu t F,L UtikW KtHL I Y 1N 1-'AUt 03 • • • Continued on :e►e:se- • - RCWD PERMIT NO. 97-113, continued_ Page 2 NOTE. FOR PROVIDERS OF A CASH SURETY: At least Two (2) inspections of the project site are • •• included with this Permit, one after erosion control measures are in place and one after project • completion, revegetation. and silt fence removal. and will be conducted to assure compliance •with all agents, terms, and stipulations of this Permit. Failure to comply with the foregoing may result in forfeiture of you. cash surety, rescission of the Permit, and is in violation of Chapter 112.89 MSA, a misdemeanor. Please notify the District Office in writing when project is complete and permanent vegetative cover has beta established and a final inspection will be made. Any additional inspection. requested or required, will be billed at $25/visit. This document is not transferable, and is valid for twenty-four months after the date of issuance. No construction is authorized beyond the capitation date of November 11, 1999. If Permittee requires more time to complete construction, a renewal of the Permit will be necessary. Please contact RCWD at 483-0634 when the project is about to commence so an inspector may view the work in progress. By acceptance of this Permit, Permittee has consented to the foregoing. The enclosed Owner's Certification form must be completed and forwarded within ten (10) days of project completion. -:idem R • a Board of Managers Erg-. Peterson .4( �/ ✓L/.1L��� / / Secretary, RCWD Bo . • of Managers Andrew J. Card. Sr. Date of Issuance: November 11, 1997 • jak • Form C Revised 1/91 • • Jam- . ,„"NESOl' i s Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 • Roseville, MN 55113 October 9, 1997 Jim Ericson City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Dear Jim Ericson: SUBJECT: Silverview Estates Preliminary Plat Review P97-082A Southeast Quadrant of Trunk Highway (TH) 10 and CSAH 44 Mounds View, Ramsey County C.S. 6204 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Silverview Estates preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We find the plat acceptable for further development with consideration of the following comments. 410 • As stated in our letters of April 23, 1997 and August 12, 1997, we constructed arterial highways such as TH 10 to serve regional mobility needs rather than to accommodate direct property access. Proliferation of accesses is inconsistent with the highway's purpose and reduces the highway's capacity and safety. Control and reduction of access is critical in reducing highway congestion, and are important factors in reducing accidents on highways. As previously stated in our past reviews of this site, we strongly recommend that these parcels have consolidated access. Regional policy developed by the Metropolitan Council discourages direct access to the highway from an individual property. As previously stated, the emphasis of a minor arterial, such as TH 10, is on mobility as opposed to direct land access. Regional policy advocates land access management and control as tools in ensuring that minor arterials continue to operate efficiently and effectively. In addition, we conducted our previous reviews of this proposal with the understanding that the site is to be developed as a Planned Unit Development (PUD). Resubmittal of this proposal as a preliminary plat disregards the intent and integrity of the PUD process if resubmitted merely for trunk highway access purposes. An equal opportunity employer Jim Ericson October 9, 1997 • page two It is in the city's best interest to approve the plat with the most restrictive access as possible. Three of the four lots in the preliminary plat have direct access to Silver Lake Road. The city should act accordingly to limit access to this site to the local roadway network. Direct property access is most efficiently and safely provided by internal circulation and streets that provide access to TH 10. Mn/DOT Metro Division's long range investment plan identifies TH 10 as a preservation corridor. The plan places the highest priority on the use of resources to preserve the existing transportation system. Preservation strategies maintain the facility or roadway in its current condition to serve its current purpose. If future TH 10 improvements are required because of this development proposal's trunk highway access, the improvements will be the responsibility of the project proposer, the city or both. We prefer to work in partnership with landowners and the city to prevent problems before they occur. Our ability to preserve safe and efficient traffic flow on the highway is compromised when we lack city and landowner cooperation. It is our desire to work with you to manage the highway system effectively. • We will allow the requested accesses. However, we strongly recommend consolidation of • access and local roadway use to best serve the operation of TH 10 and safety of the proposed project's users. We require access permits for all three accesses to TH 10. We require construction of a continuous right turn lane on eastbound TH 10 for permit approval. This development proposal necessitates the continuous right turn lane and is the responsibility of the project proposer, the city, or both. All accesses that require installation of culverts must use 6:1 slopes. Placement of culverts must occur beyond the clear zone. The permit applicant must submit plan and cross-sectional drawings of the proposed access, showing the required turn lane. Please contact Wayne Lemaniak of our Traffic Engineering Section at 779-5188 for additional information concerning the continuous right turn lane and proper lane striping. Additional information and the appropriate permit forms may be obtained from Bill Warden of our Permits Section at 582-1443. • We require a Mn/DOT storm water drainage permit for the proposed development. The permit application must include hydraulic computations and drainage area maps, showing existing and proposed conditions and addressing 100-year storms. Existing drainage patterns and rates of runoff affecting Mn/DOT right of way must be perpetuated. The site's storm water discharge rate must not increase. Any questions regarding Mn/DOT drainage concerns may be directed to Gene Bovy of our Water Resources Section at 779- 5053. .r' • Tim Ericson October 9, 1997 11/ page three Please contact me at 582-1654 with any questions regarding this review. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison c: David Claypool, Ramsey County Surveys Dan Soler, Ramsey County Traffic Engineer Patrick Peters, SRF Ann Braden, Metropolitan Council Transportation • ..� livli v-s•c.r Ill oiu vvttouL111Y11 utwur 1i'lr rrn NU. b1CI-4ib+ 4Cy P. 02 Department of Public Works Paul L. Kirkwold,P.E.,Director and County Engineer [IN ADMIN1STRATION/LAND SURVEY 3377 N N. St/OPF,TZATI 50 West Kellogg Blvd.,Suite 910 viewRico Street AAMSEYcolJri St,Paul,MN 55102 • (612)266-2600•Fax 266-2615 Shoreview,MN 65126 �v3�5G739��'�� (612)489-9109 •Fax 482-5232 September 5, 1997 `�� SEP 1591 M Received Mr. Patrick Peters SRF, Inc. cJv SRF Consulting Group, Inc. ' T� `,c One Carlson Parkway North, Suite 150 zQ 0,Ta`��` CIO Minneapolis, MN 55447 Re: Proposed Plat of SILVERVIEW ESTATES • The proposed plat of SILVERVIEW ESTATES located in the City of Mounds View, is hereby recommended for preliminary approval subject to the following comments: ill1. Requirements and recommendations of Dan Soler, Ramsey County Public Works, as enclosed. 2. Requirements and recommendations of Scott Peters, Minnesota Department of Transportation, as enclosed. 3. Requirements, recommendations and approval of the City of Mounds View. 4. The final plat be reviewed and approved by the County Surveyor and County Recorder. -Z1.2.1..0 for David D. Claypool, L. Ramsey County Surveyor DC:mf enclosure ilk MIL71PAnta'R Rivet Ancon DM.r,,.,.e.,. mim 5 r- -yr , 1 M S CO SULTING GROUP INC FAX NO. 612+475+2429 P. 03 RECEIVED MEMORANDUM AUG 1 ? 1997 COUN iY OF RAmQE' OFFICrM TO: David Claypool FROM: Dan Sole - DATE: August 11, 1997 The proposed plat of Silverview Estates, in the City of Mounds View, as submitted with your letter dated July 31, 1997 is hereby recommended for approval subject to the 411 following conditions: 1. Right of way shown is not in conformance with the Ramsey County Major Street Plan. An additional three (3) feet of right of way will be required along Silver Lake Road in the areas where the existing right of way is 40 feet . 2 . Approval of grading plans , will be required prior to construction. 3 . Approval of drainage plans will be required prior to construction. 4 . Approval for access and construction on County right of way will be required prior to any work. S . Utility permits will also be required for construction within County richt of way. .,„„)F M1NIyFSO)9 ��� Minnesota Department of Natural Resources DNR Waters,Metro Region, 1200 Warner Road,St. Paul,MN 55106-67931110 77 A �oJ, Telephone: (612)772-7910 Fax: (612)772-7977 �4".OFNATUCO. November 18, 1997 Mr. Jim Ericson Community Development Department City of Mounds View 2400 Highway 10 St. Paul,MN 55112 RE: Silver Lake Estates Inc.,Unnamed Wetland 62-258W,City of Mounds View(City Planning Case#495- 97),Ramsey County Dear Mr. Ericson: Thank you for sending us(received November 10, 1997)the latest plans for Silver Lake Estates(dated July 11, 1997). We have commented on this project on two previous occasions and copies of the letters are enclosed. In addition to our previous comments,we would like to add these additional comments: 1. It is good to see that snow storage is being planned for Silver Lake Estates. However, it should be emphasized that the snow should not be stored in the wetland within the open space. Snow that has been in parking lots contains solid particles that will fill in the wetland and chemical pollutants that will • negatively impact the plants and animals that live in the wetland. The snow should be stored within the sediment ponds,which will decrease the amount of solids and chemicals that will eventually reach the wetland. 2. We commend the city and developer for preserving the wetland and its surrounding vegetation as open space. We believe that the occupants of the office buildings and senior housing complex will place great value on the wetland area. Thank you again for requesting comments from us for Silver Lake Estates. Please contact me at 772-7910 should you have questions. Sincerely, �;i;1 1 Joe Richter Hydrologist JRJcds ► DITTO T I it Enclosures: July 31, 1997 letter +i I NOV 2 , 1°2'7 !l jIl 1r August 12, 1997 letter i....1.. J i c: Rice Creek Watershed District,Kate Drewry By j .rz,t /I/..r-`....-..m. I 0 U.S.Army Corps of Engineers,Tim Fell Ramsey Soil and Water Conservation District DNR Information:612-296-6157. 1-800-766-6000 • TTY:612-296-5484. 1-800-657-3929 An Equal Opportunity Employer I4 Printed on Recycled Paper Containing a Who Values Diversity till Minimum of IOr Post-Consumer Waste 04rof: DEPARTMENT OF THE ARMY C4' `\ t ST.PAUL DISTRICT.CORPS OF ENGINEERS W� rR ARMY CORPS ENGINEERS CENTRE O 190 FIFTOFH STREET EAST s,j,int ST PAUL.MN 55101-1638 ,r,• REPLY TO November 26, 1997 ATTENTION OF Construction-Operations Regulatory (97-02886-NP-TJF) Mr. Jim Ericson City of Mound View Community Development Department 2401 Highway 10 Mounds View, MN 55112 Dear Mr. Ericson: We have reviewed the plans for the Silverview Estates project at Highway 10 and Silver Lake Road. The project site is in the SE 1/4 Sec. 6, T. 30N. , R. 23W. , Ramsey County, Minnesota. Based on the Grading and Erosion Control Plan it appears the project has been designed to avoid encroachment into the wetland located along the southern and eastern portion of the site. Because there would be no grading, filling, or excavation within waters/wetlands, a Corps of Engineers permit will not be required. This is consistent with our previous letter from March i24, 1997. However, it appears a silt fence would be located within the ' wetland in the area of the NURP pond in the northeastern portion of the site near Highway 10. It has been our experience that silt fences should be placed at, or above, the wetland edge to avoid inadvertent encroachment into the wetland. Therefore, we recommend the silt fence be moved to a position above/outside the wetland. If you have any questions, contact Timothy J. Fell in our St. Paul office at (612) 290-5360. In any correspondence or inquiries, please refer to the file number shown above. Sincerely, . i ett Denton 7,:j...ul Chief, Western Permits Section 411 I)d 1 @IOTri 1 EO 01 1997 JI By Y'�k1A-1 1t.'-- ?'.nIec 0 e Recycles°aoe, { ( I H :a-,e-- .i I "22 71/ /6.Z4, AUG 1 9 1997 , (./ri.,e,/, ,_ ,., i/e , yi(x.57-57/0z _i 1 ' By ,J•‘T,12/(A13 " see..)..2.'. atZ./ 1, e7- e .. e, a...6ep_ __• .. /,..,, ,,, 40, ,t„c..., , .0 .5.: !997- .,&.,...,. f . ,.. .. .:_. .. z,t_7.e•e / - .7 kar. 7z_d_ite-, .2--,___e 2.,_.---%e--e--- •--e• "__e ._. i --7_. a.,, ,,,,,...,_e_./zi . . . &.-z•e.e e . _ . . . .. /._,-,.•-"e•-- a_._ i -`2- --2---1/,'"i-z•& - 4--7- --"--4- --- . :• a---174- ..„ae..„- E.. ,os ,v. ze.,-,--2 • -9.-e-- . . • aze---- • ...,I- _,/7,-i---2e-/-,-- a2.047 / ,,,, /el. 2i_ _ ...Z- Le-,a . . 14,- a i iei-y , - ‘-.a- -- •-e-e-d-/ /vz . r,i-e__, • , c_a _e_, _ _ , 4-4.6e-)._____ • 7 i/ /. . • :: _: - - -:: - :, - , pe7 , __ -,--- z- . --/--a-72 =a..7.-,-&-, _ -7-e„-e , ,._,&,7z. 71 - -r-> zi_,,, , a.- -a-----,_, - (7- ,---7 e_:---A---x-e--/---e-----x-e---x--e--e--- ,e---- -4-e..,:v .../----x---, / ,.-/--- ---&- • • r • MEMO To: Jim Ericson From: Mark Bishop Subject: Planning Case 4501-97/502-97 Date: November 12, 1997 2 STORY OFFICE BLDG. a) Fire Dept. Connection to be readily accessible at all times (near sidewalk etc.) b) What is a NERD pond? 1 STORY OFFICE BLDG. OK SENIOR HOUSING. • a) Fire Dept. connection must be readily accessible at all times. b) If the tloors are on wood trusses the concealed combustible space will need to be sub-divided or sprinklered, as will the attic. c) need fire hydrant on west side of building adjacent to south end of building. NOTES. See attached hydrant spacing requirements. • MEMO TO: JIM ERICSON, PLANNER 1110 FROM: MARY SAARION, PARKS & RECREATION DIRECTOR DATE: NOVEMBER 12, 1997 SUBJECT: PLAN REVIEW Thank-you again for the opportunity to review this plan. I have reviewed the plan looking for the interests of the Parks and Recreation Commission which is trailway connections along Silver Lake Road, County Road I and Highway 10. The plan shows a 7' sidewalk along the east side of Silver Lake Road. This sidewalk will connect to the from County Road I sidewalk and will provide a extension to the Silver Lake Road trailway system. The Parks and Recreation Commission will be happy to see this on the plans. • �_ .y. .-.. ., C. -*-- MOUNDS VIEW 2003 Airsral ice/ MEMORANDUM ■ST.PAUL,MN 0 MINNE4PoLISS MN c ST.CLOUD, MN 0 CIIIPPEWA FALLS,WI O MADISON,WI o LAKE COUNTY,IN TO: Jim Ericson,City of Mounds View FROM: Rocky J.Keehn • DATE: November 14, 1997 RE: Siverview Estates . The developers meet with me about two weeks before the project was submitted to the City. It appears that the project is consistent with the previously submitted site plans. They have moved the outlet from the pond in front of the Senior Housing as recommended in earlier site plans to provide more distance betweeneto inlet a longer and outlet I also indicated to them that I would like to have the outlet from the small pond movedsouthwest P distance from the inlet to the outlet. We discussed the outflow from the site. To make sure the site drains, the culverts under the St.Paul Utility should be operational. There was some question to whether �eTdevel glom could improve these culverts since it may itor may not be on their property. This issue may The fnai item hydraulic item discussed was the overflow from the pond in front the Senior Center. I indicated to them they should make sure the emergency overflow is away from the garage and towards the street. They will investigate this. We also discussed the buffer area. I indicated to them that I would like to see natural vegetation between the ponds and buildings. This area should be obtained as an easement by the City to assure it is not mowed. My main concern is encroachment in the buffer. The developer will need to address this issue to make sure the intent of the buffer is meet If you have any other questions please call be at 490-2026. RIKIrjk • SIWATZDANONISMANOCrAwP asMOU.iDAVM7 • PLANNING COMMISSION RESOLUTION NO. 526-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR SILVERVIEW ESTATES; PLANNING CASE 501-97 WHEREAS, Silverview Estates Development Company has requested approval of a major subdivision for the property legally known as: That part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 30,Range 23,Ramsey County,Minnesota described as beginning at the southwest corner of said Southeast Quarter;thence easterly along the south line of said Southeast Quarter 1,346.90 feet to the center line of State Trunk Highway No. 10;thence northwesterly along said center line 1,434.13 feet to the center line of Silver Lake Road;thence southwesterly and southerly 1,219.64 feet along said last centerline to the point of beginning. Subject to State Trunk Highway No. 10,Silver Lake Road and St.Paul Waterworks Right of Way. Except that part of said Southeast Quarter described as commencing at the southwest corner of said Southeast Quarter and measuring easterly along the south line of said Section 6 a distance of 1,346.9 feet to the intersection of the center line of Highway No. 10(Anoka Cut-off);thence northwesterly along the centerline of said Highway No. 10,a distance of 765.9 feet to the point of beginning;thence • southwesterly at right angles to the center line of said Highway No. 10 a distance of 275 feet;thence northwesterly and parallel with said centerline 100 feet; thence northeasterly at a right angle to the centerline of said Highway No. 10; thence southeasterly along said Highway No. 10 to the point of beginning. WHEREAS, a revised preliminary plat date-stamped 10/31/97 and titled "Silverview Estates"has been submitted by the applicant; and, WHEREAS, the Mounds View Planning Commission has reviewed the applicant's request for a major subdivision reorganizing eight (8) lots associated with the preliminarily-approved planned unit development into four(4) lots and found that it is in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Engineer has reviewed the drainage, utility and grading plans and has found they conform to the City's Local Water Management Plan; and, WHEREAS, The Rice Creek Watershed District has approved the applicant's final site drainage plan; and, WHEREAS, the Minnesota Department of Transportation(MnDOT) has allowed access to Highway 10 for those lots fronting Highway 10 as requested by the applicant; and, WHEREAS, Ramsey County has approved the preliminary plat subject to dedication of • additional right of way for Silver Lake Road. Planning Commission Resolution 526-97 Silverview Estates Preliminary Plat 1111 November 14, 1997 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary plat request by Silverview Estates Development Company contingent upon the following: 1. Before the City Council takes action on this preliminary plat request, the applicant shall revise the plat as following: a. Dimensions shall be shown for the 30-foot by 30-foot triangular easement for the City's gateway element at the corner of Silver Lake Road and Highway 10. b. A ten foot drainage and utility easement along Silver Lake Road shall be added, if required by the City Engineer or Public Works Director. c. The Silver Lake Road right of way shall be amended to reflect a 43-foot right of way. 2. Before any permits are issued for this subdivision(building, grading or otherwise), the applicant shall have paid a park dedication fee in amount specified by the City Council as required in Section 1204.02 of the Municipal Code according to the appraisal report 11/ dated October 31, 1997. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of November, 1997. Jerry Peterson, Chairman ATTEST: Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\DEVCASES\502-97\526-97.RES I PLANNING COMMISSION RESOLUTION NO. 515-97 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW FOR SILVERVIEW ESTATES; PLANNING CASE 502-97 WHEREAS, Silverview Estates Development Company has requested approval of a Development Review for the property legally known as: That part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 30,Range 23,Ramsey County,Minnesota described as beginning at the southwest corner of said Southeast Quarter;thence easterly along the south line of said Southeast Quarter 1,346.90 feet to the center line of State Trunk Highway No. 10; thence northwesterly along said center line 1,434.13 feet to the center line of Silver Lake Road;thence southwesterly and southerly 1,219.64 feet along said last centerline to the point of beginning. Subject to State Trunk Highway No. 10,Silver Lake Road and St.Paul Waterworks Right of Way. Except that part of said Southeast Quarter described as commencing at the southwest corner of said Southeast Quarter and measuring easterly along the south line of said Section 6 a distance of 1,346.9 feet to the intersection of the center line of Highway No. 10(Anoka Cut-off);thence northwesterly along the centerline of said Highway No. 10,a distance of 765.9 feet to the point of beginning;thence southwesterly at right angles to the center line of said Highway No. 10 a distance of 275 feet;thence northwesterly and parallel with said centerline 100 feet; thence northeasterly at a right angle to the centerline of said Highway No. 10; thence southeasterly along said Highway No. 10 to the point of beginning. WHEREAS, site, landscape, grading, drainage, and utility plans date-stamped 10/31/97 have been submitted by the applicant; and, WHEREAS, the Mounds View Planning Commission has reviewed the applicant's request for a Development Review of the proposed PUD consisting of a Holiday gas station, convenience store and car wash, two office buildings and an 82-unit senior residential facility and found that it is in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Engineer has reviewed the drainage, utility and grading plans and has found they conform to the City's Local Water Management Plan subject to stipulations; and, WHEREAS, The Rice Creek Watershed District has approved the applicant's final site drainage plan; and, WHEREAS, the Minnesota Department of Transportation (MnDOT) has allowed access to Highway 10 for those lots fronting Highway 10 as requested by the applicant; and, WHEREAS, Ramsey County has approved the site plans subject to dedication of additional right of way for Silver Lake Road; and, Planning Commission Resolution No. 515-97 Silverview Estates Development Review S November 19, 1997 Page 2 WHEREAS, Rick Wriskey, the Mounds View City Forester, has reviewed the landscape plans as presented and finds them acceptable; and, WHEREAS, Mark Bishop, the Mounds View Fire Marshal, has reviewed the plans and finds them acceptable with stipulations. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Development Review request by Silverview Estates Development Company contingent upon the following: 1. The car wash developer/operator shall recycle a minimum of sixty percent(60%) of the water used in the car wash process. 2. The RV service center drains accessing the City's sanitary sewer system shall be kept locked or secured to prevent unauthorized dumping. 3. Before the City Council takes action on this Development Review request, the applicant shall amend the plans as follows: • a. The table showing pervious and impervious area by lot shall be amended to be consistent with other tables and to reflect accurate data and to include a column for percentages pervious and impervious. b. Building heights, canopy detail and signage for the Holiday store shall be added to the plans. c. The 30-foot parking lot setback along Silver Lake Road for the senior housing building is labeled as 10 feet. This will need to be changes to reflect the correct setback. d. Where existing vegetation/plant materials are to be preserved, the landscape plan shall be updated with a notation to reflect this. e. The lighting used under the gas station's canopy shall be shielded or hooded to comply with City Code regarding glare. f. An area south of Lot 3 has been designated as snow storage. No storage of any kind will be permitted within the wetlands area. As such, the plan shall be changed to show the snow storage between the parking lot and the wetland boundary on Lot 3. g. Sign setbacks shall be shown on the plans. Planning Commission Resolution No. 515-97 Silverview Estates Development Review November 19, 1997 Page 3 h. Detailed plans shall be required which show the RV service center and the containment measures used to prevent spillage, and the method by which the drains are to be secured. I. "NERP" shall be changed to "NURP." j. Three additional handicap accessible stalls are required on Lot 2 located on either side of the building's main entrance and additional stalls shall be added to the underground parking to satisfy ADA requirements of one handicap space per every 25 spaces or fraction thereof. k. The landscaping detail on the individual site plans shall be removed so as to eliminate any inconsistencies with the master landscape plan. 4. Per the City Engineer's memo dated 11/14/97, the following items will need to be corrected prior to City Council action on this request: a. The outlet from the NURP pond located on Lot 3 shall be moved more to the southwest to provide and longer distance from the inlet to the outlet and prevent a short-circuiting of the water. 411 b. The overflow from the NURP pond located on Lot 4 shall be positioned so as to ensure emergency overflows drain away from the garage and toward the street. c. The applicant shall work with the St. Paul Water Utility to ensure that the drainage culverts are operational. 3. Per the Fire Marshal's memo dated 11/12/97, the following items will need to be corrected prior to City Council action on this request: a. The fire department connections for the senior residential building and the two-story office building shall be shown on the plans to be readily accessible year round and at all times. b. An additional fire hydrant shall be added to the utility plan on Silver Lake Road near the south end of the senior building, subject to Fire Marshal approval. 4. Before any permits are issued for this subdivision(building, grading or otherwise), the applicant shall accomplish the following: Planning Commission Resolution No. 515-97 Silverview Estates Development Review November 19, 1997 Page 4 a. The park dedication fee in an amount specified by the City Council shall be paid as required in Section 1204.02 of the Municipal Code according to the appraisal report dated October 31, 1997. b. A separate easement document shall be executed which dedicates to the City the 30'by 30' area labeled "Signage Easement" shown on the site plan at the corner of Highway 10 and Silver Lake Road. c. A separate shared parking easement document shall be drafted and executed by the developer which allows residents and guests of the senior residential facility(proposed Lot 4) to utilize the adjacent office building's parking area(proposed Lot 2) subject to availability. d. A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of the land shall be executed as required by Section 1006.06, Subd. 4 of the City Code. e. Obtain a permit from MnDOT for accesses onto Highway 10, drainage into the Highway 10 right of way and any grading within the right of way. • f. Obtain approvals from Ramsey County for the final grading and drainage plans, access and construction on County right of way, and a utility permit for construction within the County right of way. g. Obtain a general stormwater permit from the Minnesota Pollution Control Agency. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of November, 1997. Jerry Peterson, Chairman ATTEST: Rick Jopke, Community Development Director 41111 N:\DATA\GROUPS\COMDEV\DEVCASES\502-97\515-97.RES RESOLUTION NO. 5183 IP CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE SILVERVIEW ESTATES PRELIMINARY PLAT;PLANNING CASE 501-97 WHEREAS, Silverview Estates Development Company has requested approval of a major subdivision for the property legally known as: That part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 30, Range 23,Ramsey County,Minnesota described as beginning at the southwest corner of said Southeast Quarter;thence easterly along the south line of said Southeast Quarter 1,346.90 feet to the center line of State Trunk Highway No. 10;thence northwesterly along said center line 1,434.13 feet to the center line of Silver Lake Road;thence southwesterly and southerly 1,219.64 feet along said last centerline to the point of beginning. Subject to State Trunk Highway No. 10,Silver Lake Road and St Paul Waterworks Right of Way. Except that part of said Southeast Quarter described as commencing at the southwest corner of said Southeast Quarter and measuring easterly along the south line of said Section 6 a distance of 1,346.9 feet to the intersection of the center line of Highway No. 10(Anoka Cut-oft);thence northwesterly along the centerline of said Highway No. 10,a distance of 765.9 feet to the point of beginning;thence • southwesterly at right angles to the center line of said Highway No. 10 a distance of 275 feet;thence northwesterly and parallel with said centerline 100 feet; thence northeasterly at a right angle to the centerline of said Highway No. 10; thence southeasterly along said Highway No. 10 to the point of beginning. WHEREAS, a revised preliminary plat date-stamped 12/1/97 and titled "Silverview Estates"has been submitted by the applicant; and, WHEREAS, the Mounds View City Council has reviewed the applicant's request for a major subdivision reorganizing eight(8) lots associated with the preliminarily-approved planned unit development into four(4) lots and finds that it is in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Engineer has reviewed the drainage, utility and grading plans and has found they conform to the City's Local Water Management Plan; and, , WHEREAS, The Rice Creek Watershed District has approved the applicant's final site drainage plan; and, WHEREAS, the Minnesota Department of Transportation (MnDOT) has allowed access to Highway 10 for those lots fronting Highway 10 as requested by the applicant; and, WHEREAS, Ramsey County has approved the preliminary plat subject to dedication of additional right of way for Silver Lake Road. Resolution 5183 Silverview Estates Preliminary Plat ID December 8, 1997 Page 2 WHEREAS, The Mounds View Planning Commission on November 19, 1997, approved Resolution No. 526-97 which reccommended approval of the preliminary plat, and Resolution No. 515-97 which reccommended approval of the development review for the Silverview Estates PUD. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the preliminary plat request by Silverview Estates Development Company contingent upon the following: 1. The applicant shall draft a separate signage and landscape easement document prior to final plat approval which dedicates to the City the 30'by 30' triangle of land at the corner of Silver Lake Road and Highway 10 for a City gateway sign and a contiguous 10 foot-wide strip of land adjacent to and running the length of the Highway 10 right- of-way for a City-approved and installed landscape treatment consistent with a to-be- determined design theme. 2. The applicant shall apply for final plat approval with the City no later than six(6) months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be void unless an extension is granted by the City Council. • 3. Before anypermits are issued for this subdivision (building, gradingor otherwise), the ) applicant shall have paid a park dedication fee in amount specified by the City Council as required in Section 1204.02 of the Municipal Code according to the appraisal report dated October 31, 1997. Adopted this 8t day of December, 1997. Duane Peterson, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator (SEAL) illN:\DATA\GROUPS\C OMDEV'DEVCASES\501-97\5183C CRSS RESOLUTION NO. 5184 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DEVELOPMENT REVIEW FOR SILVERVIEW ESTATES PUD; PLANNING CASE 502-97 WHEREAS, Silverview Estates Development Company has requested approval of a Development Review for the property legally known as: That part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 30,Range 23,Ramsey County,Minnesota described as beginning at the southwest corner of said Southeast Quarter;thence easterly along the south line of said Southeast Quarter 1,346.90 feet to the center line of State Trunk Highway No. 10;thence northwesterly along said center line 1,434.13 feet to the center line of Silver Lake Road;thence southwesterly and southerly 1,219.64 feet along said last centerline to the point of beginning. Subject to State Trunk Highway No. 10,Silver Lake Road and St.Paul Waterworks Right of Way. Except that part of said Southeast Quarter described as commencing at the southwest corner of said Southeast Quarter and measuring easterly along the south line of said Section 6 a distance of 1,346.9 feet to the intersection of the center line of Highway No. 10(Anoka Cut-off);thence northwesterly along the centerline of said Highway No. 10,a distance of 765.9 feet to the point of beginning;thence southwesterly at right angles to the centerline of said Highway No. 10 a distance of 275 feet;thence northwesterly and parallel with said centerline 100 feet; thence northeasterly at a right angle to the centerline of said Highway No. 10; thence southeasterly along said Highway No. 10 to the point of beginning. WHEREAS, site, landscape, grading, drainage, and utility plans date-stamped 12/1/97 have been submitted by the applicant; and, WHEREAS, the Mounds View City Council has reviewed the applicant's request for a Development Review of the proposed PUD consisting of a Holiday gas station, convenience store and car wash, two office buildings and an 82-unit senior residential facility and found that it is in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Engineer has reviewed the drainage, utility and grading plans and has found they conform to the City's Local Water Management Plan; and, WHEREAS, The Rice Creek Watershed District has approved the applicant's final site drainage plan; and, WHEREAS, the Minnesota Department of Transportation (MnDOT) has allowed access to Highway 10 for those lots fronting Highway 10 as requested by the applicant; and, WHEREAS, Ramsey County has approved the site plans subject to dedication of additional right of way for Silver Lake Road; and, Resolution 5184 Silverview Estate Development Review December 8, 1997 Page 2 WHEREAS, Rick Wriskey, the Mounds View City Forester, has reviewed the landscape plans as presented and finds them acceptable; and, WHEREAS, Mark Bishop, the Mounds View Fire Marshal, has reviewed the plans and finds them acceptable with stipulations; and, WHEREAS, the Mounds View Planning Commission on November 19, 1997, approved Resolution No. 526-97 which recommended approval of the preliminary plat, and Resolution No. 515-97 which recommended approval of the development review for the Silverview Estates PUD. NOW, THEREFORE,BE IT RESOLVED that the Mounds View City Council approves the Development Review request by Silverview Estates Development Company contingent upon the requirements as set forth in Exhibit 1 of this resolution hereof and the following: 1. The car wash developer/operator shall recycle a minimum of sixty percent (60%) of the water used in the car wash process. 2. The recreational vehicle service center drain accessing the sanitary sewer system shall be • kept locked or secured to prevent unauthorized dumping and to ensure controlled access. 3. The applicant shall work with the St. Paul Water Utility to ensure that the drainage culverts are operational. 4. The following shall be completed before the final stage of the PUD can be approved: a. The City Engineer shall (1) review and approve the proposed gazebo at the rear of the 2-story office building to ensure that the manner in which it is designed and constructed will not impede surface water flow from the current site of Winiecki Insurance and (2) review and approve the new location for the NURP pond outlet on Lot 3 and the revised NURP pond overflow position on Lot 4. b. A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of the land shall be executed as required by Section 1006.06, Subd. 4 of the City Code. c. The Development Plan shall be modified to reflect an increased setback for the gazebo from the rear lot line of the Winiecki property to conform with City setback requirements for accessory structures. • d. The Development Plan shall be modified to reflect setback distances for the Holiday Stationstore entry signs in accordance with City Code. The sign details shall include design for the entry signs to the Holiday Stationstore site along Resolution No. 5184 Silverview Estates Development Review December 8, 1997 Page 3 Highway 10 and Silver Lake Road. The plans shall also be modified to indicate the height of the Holiday Stationstore building. e. The Development Plan shall be modified to include two additional handicap accessible stalls on Lot 2, to be located on either side of the building's main entrance. f. An additional fire hydrant shall be added to the Development Plan near the west end of the senior residence structure, and its location shall be subject to approval by the City Fire Marshall. g. A separate cross access and parking easement document shall be drafted and executed by the applicant which allows joint use of the access points, internal drive, drive aisles and parking by the gas station/convenience market/car wash, the two-story office building and the senior residential facility. The cross access and parking easement document shall be approved by the City Attorney as to form. h. A table showing pervious and impervious area by lot shall be included to the Development Plan. 4110 5. Before any permits are issued for this subdivision(building, grading or otherwise), the applicant shall accomplish the following: a. The park dedication fee in an amount specified by the City Council shall be paid as required in Section 1204.02 of the Municipal Code according to the appraisal report dated October 31, 1997. b. Obtain a permit from MnDOT for access onto Highway 10, drainage into the Highway 10 right of way and any grading within the right of way. c. Obtain approvals from Ramsey County for the final grading and drainage plans, access and construction on County right of way, and a utility permit for construction within the County right of way. d. Obtain a general stormwater permit from the Minnesota Pollution Control Agency. 6, Approval of the PUD Development Plan is contingent upon approval of the Preliminary Plat for Silverview Estates. Resolution No. 5184 Silverview Estates Development Review it December 8, 1997 Page 4 Adopted this 8th day of December, 1997. Duane Peterson, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator (SEAL) N:\DATA\GROUPS\C OMDEV\DE V CASES\502-97\5184C C.RES >. a) O d .0 CD ON 00 C71 C.c OM ° yw .t, .L. .0 ° N tr) CO C C) ° t' N - CO c — o V') 0 0 cO - t • NO 0 CC C- V— .. Q 0 CD • 0 z M a) U ' NaC >. >. p ., C6 Z Z go C to Ca) oTC a) w V 0` m 1-= n ° B.= W O � • co Ods C C r, e m a -0 '— s 0 — T ORa � c ° 3 W ON o a) ` ` c 0 . y UE CD ° i c m ---co _ 0 A � y � `) 'm' °) `3 VC ' 0a) d �'• a) 4 ' z o ' aciLm. � � a cmv t°n ° c „ o a) � � x 0 m Ca tri o - - C) � ° � ami a' a) cC a) w ... °) O °) Ooo as 5 ca) --•', c ... 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O v) o C L Qj W a cu Z 0 13 o c W N ~ N W F- � W i 44 C7 3 w 1-- O ) N .ma c C 3 U 0 OL a) Na Item No. G1 Meeting Date: December 8,1997 Type of Business: PH WK: Work Session;PH:Public Hearing; CA: Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Rick Jopke, Community Development Director Item Title/Subject: Opportunity for Hearing and Consideration of Resolution No. 5181, a Resolution Authorizing Abatement of Nuisances at 2264 Buckingham Lane Date of Report: December 4, 1997 Background: The property located at 2264 Buckingham Lane, owned by William Toberman, David Bartosch, and Renee Bartosch is in violation of the Mounds View Municipal Code pertaining to nuisances and requires immediate attention. An inspection of the existing manufactured home at the above address within the Townsedge Terrace Manufactured Home Park was conducted on October 14, 1997. The inspection revealed that an addition to the home has deteriorated to the extent that it • would constitute a hazardous building under state statutes and city code. Specific problems observed include the following: 1. The exterior walls are bulging outward. 2. The roof members are sagging. 3. The floor assembly is sagging from an inadequate foundation. 4. There is excessive mold growth on the exterior of the wall. The above mentioned conditions would constitute a hazardous building as outlined in the following state statutes and sections of the city code: 1. Minnesota statutes 463.15 Subdivision 2. Building. "Building" includes any structure or part of a structure. 2. Minnesota statutes 463.15 Subdivision 3. Hazardous building or hazardous property. "Hazardous building or hazardous property"means any building or property, which because of inadequate maintenance, dilapidation, physical damage,unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. 3. City code 607.04 Subdivision 1. Declaration of Nuisance: Buildings, fences, and other structures which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: a) are unsightly, b) decrease adjoining landowners' and • occupants' enjoyment of their property and neighborhood, and c) adversely affect property values and neighborhood pattern. City of Mounds View Staff Report Resolution No. 5181, Authorization to Abate 2264 Buckingham Lane December 5, 1997 41 Page 2 the Townsedge Terrace park in particular. The mobile home itself is owned by the Bartosches while the land is owned by Toberman. In this case the park is in receivership and Steven Scott Management is the court-ordered receiver for the property. This complicates the abatement process because if the city does the abatement and the city's costs are put on the taxes,the taxes are tied to the land and not to the structure. It is further complicated by the fact that the park is in receivership. City staff is working with the City Attorney's office to sort all this out. If we are unable to reslove this issue by the Monday December 8 meeting then Council action on the resolution may have to be delayed. Recommendation: Approve Resolution No. 5181, a resolution authorizing the abatement of a hazardous building at 2264 Buckingham Lane if legal issues are resolved. ick Jopke, Co unity Development Director N:\DATA\USERS\RICKJO\TWNEDG.RPT • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 5/S ORDERING THE ABATEMENT OF HAZARDOUS CONDITIONS EXISTING AT 2264 BUCKINGHAM LANE, IN THE CITY OF MOUNDSVIEW WHEREAS, the Building Official of the City of Mounds View has determined that the building addition attached to the manufactured home at 2264 Buckingham Lane, in the City of Mounds View constitutes a hazardous building within the meaning of Minnesota Statutes, Section 463.15. Subd. 3; and WHEREAS, based on the investigation of the Code Enforcement Official, it is recommended that the hazardous conditions on the property be abated; and WHEREAS, Minnesota Statutes. Section 463.161 authorizes the governing body of any City or town to correct or remove the hazardous condition of any hazardous building or property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View as follows: 1. The City of Mounds View finds that the property located at 2264 Buckingham Lane in the City of Mounds View legally described in the attached Abatement Order is hazardous within the meaning of Minnesota Statutes, Section 463.15. Subd. 3. 2. The hazardous building at the foregoing address also constitutes a public nuisance within the meaning of Minnesota Statutes, Section 561.01, 561.02 and Chapter 607 et seq. of the Mounds View City Code. 3. An Abatement Order substantially similar to that attached hereto shall be served upon all required parties in order to effectuate this resolution and abate the hazardous conditions on the property. 4. The City Attorney is authorized to take all necessary legal steps to secure compliance with the Order and to obtain authority to abate the hazardous conditions by court order or consent and assess the costs thereof against the property. Dated this _ day of , 1997. by the City Council of the City of Mounds View. Duane McCarty. Mayor Chuck Whiting. City Administrator 411 YANGJ0133204 MU21I+-15 8E0-d tO/t0"d 610-1 Ol£81££Z19 OM 7 Aa3N0-1110Jq wd9Z:PO 16-�Z-ti0N STATE OF MINNESOTA DISTRICT COURT 40 COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL Court File No. ) In the Matter of the Hazardous ) Building located at 2264 Buckingham ) ORDER FOR ABATEMENT OF Lane, in the City of Mounds View, ) HAZARDOUS BUILDING Minnesota ) ) TO: William Toberman, 2264 Buckingham Lane, Mounds View, Minnesota 55112; David Bartosch and Renee Bartosch, 2264 Buckingham Lane, Mounds View. Minnesota 55112 The City Council of the City of Mounds View orders that within twenty (20) days of service of this Order you abate the hazardous conditions which exist on property you own located at 2264 Buckingham Lane, in the City of Mounds View, which property is legally described • as: 49 Degrees. 16 Minutes, 10 Seconds East 103.96 Feet thence South 68 Degrees, 6 Minutes, 21 Seconds East 495.42 Feet thence South 43 Minutes East 314 feet more or less thence East 697.93 Feet thence Northeast to Highway in Northeast 1/4 of Section 17, Township 30, Range 23. The City of Mounds View. pursuant to tannespia Steam. Sections 463.15 to 463.261, Mounds View City Code Chapter 607 et seq, and based on the authorization of Resolution No. , adopted on December 8. 1997, a copy of which is attached hereto and incorporated by reference herein, finds that the substandard building addition attached to the manufactured home located at the above-referenced address constitutes a hazardous building within the meaning of Minnesota Statutes, Section 463.15. Subd. 3 and a public nuisance within the meaning of Minnesota Statutes, Sections 561.01 and 561.02. and Chapter 607 et seq. of the Mounds View City Code. The hazardous conditions existing on this property must be abated according to the standards established by the City of Mounds View Code Enforcement Official by removing the YANGJO133204 MJ210-15 6E0-1 r0/Z0'd 610-1 OIEBI££Zl9 N3AVN9 ! A03NN3N-woad wdfl:p0 28-tiZ-^ON substandard building addition which has been attached to the manufactured homc at the above address. Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the hazardous property conditions described above within twenty (20) days of the date of service of this ORDER. You are further advised that unless such corrective action is taken or an Answer is served on the City and filed with the Ramsey County District Court Administrator within twenty (20) days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Ramsey County District Court. You are further advised that if you do not comply with this ORDER and the City is compelled to take any corrective action., all necessary costs incurred by the City in the corrective action will be assessed against the property pursuant to Minnesota Statutes, Section 463.21. In • connection thereto. the City intends to recover all its expenses incurred in carrying out this ORDER, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees,appraisers' fees,-witness fees,including expert witness fees and traveling expenses incurred by the City from the time this ORDER was originally made pursuant to Minnesota Statutes, Section 463.22. DATED: , 1997 KENNEDY & GRAVEN, CI4ARTERET) By: Robert C. Long, #168452 Joe Y. Yang, #254939 Attorney for City of Mounds View 470 Pillsbury Center Minneapolis, MN 55402 Telephone: (612) 337-9300 Telecopier: (612) 337-9310 YANGJO1332D4 2 MU210-15 8£0—d ti0/E0'd B10-1 OtE81EEZ19 N3AYND 7 Aa3NN3N-woJd wdkVt0 18-131-A0N MANAGEMENT MEETING MINUTES Wednesday,November 26, 1997 @ 10:00 AM L Call to Order Meeting was called to order at 10:00 a.m. Present: Whiting, Kessel, Ulrich, Hammerschmidt, Zikmund, Ramacher, Jopke, Saarion, Sanchez. Absent: Bennett IL Department Reports - Saarion reported that Don Irving, one of two cable technicians accepted a new position and has left city employment. It was decided that Pat Toth should spend time programming and work the meetings. The requirement would be that Pat's hours would be increased as necessary. Jopke reported that Steve Dorgan accepted the Housing Inspector position subject to council approval. Kessel reported that the finance department will have training on the new accounting software December 8 and 9. The schedule for implementing the accounting software will be the 2nd or 3rd payroll in January. Ramacher reported that they had a busy weekend with 15 arrests and a fake$20 dollar bill was passed at Tom Thumb. Zikmund . reported fire operator Elroy Thorson will retire on November 30. Whiting stated that he talked to the mayor regarding the deer living on the golf course and he has requested a letter from the DNR. III. Unfinished Business -Personnel Policies: Whiting discussed with department heads the 4) current and proposed language in the break policy and the number of actual hours that are being worked by employees. IV. New Business -Truth in Taxation: meeting will be Wednesday, December 3 at 6:00 PM. Employee Performance Evaluations: Whiting said performance evaluations should be completed in December. Lynnette Morgan has the performance evaluation forms located in Lotus on the n-drive;please save on your computer before typing in the evaluation form. Basement Water Problems: Sanchez provided a letter from Brent Anderson and Associates giving specifications and cost proposal for the site inspection he conducted to examine the nature of the water leakage problems. It was determined that the exterior walls above grade and roof coping were contributory to the problem. The estimated projected repair cost was $29,900.00. Zikmund stated that the MultiTech building is not in compliance with the sprinkler system code. V. Adjournment- There being no further business, the meeting was adjourned at 12:15 p.m. Next meeting is Wednesday, December 3 at 10:00 a.m. Respectfully submitted, Tracy Sanchez, Recording Secretary i .moNFURMATiON ONLY ' CITY OF MOUNDS VIEW • ECONOMIC DEVELOPMENT AUTHORITY MONDAY,DECEMBER 8, 1997 Meeting No. 47 AGENDA ROLL CALL: President McCarty, Vice President Koopmeiners, Commissioner Gunn, Commissioner Quick, Commissioner Stigney A. AGENDA ADDITIONS: B. APPROVAL OF MINUTES 1. November 24, 1997 EDA Meeting Minutes C. SPECIAL ORDER OF BUSINESS: None D. CONSENT AGENDA No items on consent agenda. E. COUNCIL BUSINESS 411 1. Consideration of Resolution No. 97-EDA77 Approving and Authorizing the Execution of a Purchase and Redevelopment Agreement by and between the Mounds View Economic Development Authority and Preferred Builders Inc. F. REPORTS G. ADJOURNMENT i 1 PROCEEDINGS OF THE MOUNDS VIEW • 2 ECONOMIC DEVELOPMENT AUTHORITY 3 4 Meeting No.46 5 November 24, 1997 6 Mounds View City Hall 7 2401 Hwy. 10,Mounds View MN 55112 8 *********************************************************************************** 9 10 CALL TO ORDER 11 12 The Economic Development Authority was called to order by President McCarty at 10:45 p.m.on November 13 24, 1997. 14 15 MOTION/SECOND: McCarty/Quick to appoint Ms.Sherry Gunn as Secretary of the Economic Development 16 Authority. 17 18 VOTE: 5 ayes 0 nays Motion Carried 19 20 ROLL CALL 21 22 MEMBERS PRESENT: Duane McCarty,Sherry Gunn,Gary Quick,Roger Stigney,Roger Koopmeiners, 23 Clerk Administrator Chuck Whiting,Community Development Director Rick Jopke, and City Attorney Bob 24 Long. 25 26 OTHERS PRESENT: None 27 11110 28 A. AGENDA ADDITIONS: 29 30 None. 31 32 B. APPROVAL OF MINUTES: 33 34 1. November 10,1997 EDA Meeting Minutes: 35 36 MOTION/SECOND: Koopmeiners/Stigney to approve the minutes of the EDA Meeting on November 10, 37 1997 as presented. 38 39 VOTE: 5 ayes 0 nays Motion Carried 40 41 C SPECIAL ORDER OF BUSINESS: 42 43 None. 44 45 D. CONSENTAGENDA: 46 47 No items on Consent Agenda. 48 49 E. COUNCIL BUSINESS: 50 51 1. Consideration of Resolution No.97-EDA-72,Authorizing the Negotiation and Execution of a 52 Contract for Professional Services for the Development of Design Themes for Highway 10 Corridor. . 53 54 Mr. Jopke,Community Development Director,explained that in July the staff was directed to go out for a 55 Request for Proposal for professional services to prepare a design theme for the Highway 10 corridor. Staff EDA Meeting#46 November 24, 1997 aa4 Page 2 1 sent that out to fifteen consulting firms in the Twin Cities and received back eight proposals. Interviews were 2 held and HKG was selected to assist the city in developing the design themes. Resolution No. 97-EDA72 3 would authorize the negotiation and execution of a Contract for Professional Services with Hoisington Koegler 4 Group for the development of Design themes for the Highway 10 Corridor in Mounds View. 5 6 MOTION/SECOND: Koopmeiners/Quick to approve Resolution No. 97-EDA72,Authorizing the Negotiation 7 and Execution of a Contract for Professional Services for the Development of Design Themes for Highway 10 8 Corridor. 9 10 VOTE: 5 ayes 0 nays Motion Carried 11 12 F. REPORTS: 13 14 Report of EDA Board Members: 15 16 Report of President McCarty: No report. 17 18 Report of Vice President Koopmeiners: No report. 19 20 Report of Commissioners: 21 22 Commissioner Quick: No report. • 23 24 Commissioner Stigney: No report. 25 26 Report of Executive Director: No report 27 28 Report of Treasurer: No report. 29 30 Report of Attorney: No report. 31 32 G. ADJOURNMENT: 33 34 MOTION/SECOND: Koopmeiners/Stigney to adjourn the meeting at 10:50 p.m. 35 36 VOTE: 5 ayes 0 nays Motion Carried 37 38 39 Respectfully submi ed, 4� l1,yYZlc 42 Tamara D. Saefke 43 Recording Secretary 44 45 46 • Item No. 1 Meeting Date 12-8-97 Type of Business EDAB • WK: Work Session;PH:Public Hearing; CA:Consent Agenda;EDAB:EDA Business Mounds View Economic Development Authority Staff Report To: Mounds View Economic Development Authority From: Cathy Bennett, Director of Economic Development Item Title/Subject: Consideration of Resolution No. 97-EDA77 Approving and Authorizing the Execution of a Purchase and Redevelopment Agreement by and between the Mounds View Economic Development Authority and Preferred Builders, Inc. Date of Report: December 4, 1997 Summary: Attached is resolution no. 97-EDA77 and a copy of the Purchase and Redevelopment Agreement for the sale and redevelopment of 8265 Spring Lake Road with Preferred Builders. In November, Resolution No. 97-EDA75 was approved which authorized the execution of a Participation Agreement with Preferred Builders, Inc. Preferred Builders, Inc. offered $28,000 for the land located at 8265 Spring Lake Road with the proposal to build a three bedroom modified two story single family home with a three car garage and two full baths with an estimated market value of$145,000 after construction. The Participation Agreement acts as a letter of intent to sell the land to Preferred Builders pending the negotiation of the Purchase and Redevelopment Agreement. Preferred Builders has submitted $500 as a nonrefundable fee for the EDA to draft the purchase and redevelopment agreement and evaluate references and financial capabilities for entering into the agreement. Purchase and Redevelopment Agreement: The attached is a dual purpose legal agreement which serves as the purchase agreement for the legal transfer of the parcel of land to Preferred Builders but also allows the EDA to place conditions on the land through satisfactory performance of the requirements under the agreement. If the conditions are not met under this agreement, the EDA may take back possession of the land and any improvements that had been made on the land up to the time of default. Preferred Builders must construct a 1,900 sq.ft. three bedroom modified two story single family residential home, including two full bathrooms and a three car garage. The assessed value for tax purposes must be at least $145,000. However, Preferred Builders indicated to me that they anticipate that the home will sell for at least $180,000 • The agreement states that Preferred Builders will purchase the land for$28,000 with $1,000 of City of Mounds View Staff Report December 4, 1997 Page 2 earnest money deposited with a title insurer within three days after approval of the agreement. . • The developer must pay all attorney fees and closing costs under the agreement. The closing date is set for no later than January 30, 1998 although it is likely that we will be prepared to close at an earlier date. The Construction plans must be submitted to the Authority for written approval to ensure that the provisions in the agreement have been met. The approval will be based upon the review by the City Building Official. The construction of the minimum improvements shall be substantially completed by July 5, 1998 unless agreed upon by the Authority in writing. Upon completion of construction, a certificate of completion must be signed by the Authority to release the developer from the obligations under the agreement. The developer is required to follow the Housing Development and Site Criteria per exhibit C of the agreement. I have already compiled the majority of the information under the Builders Requirements for proof of financial stability, references and an inventory of current homes under construction. (See attached) I will report on my findings at the meeting. This is the first parcel under the housing replacement program that will take full circle, therefore, staff is prepared to follow the construction of the home very closely to ensure that it is a complete success. AS At a i Cathy Berm r, Dir. of Economic Development Recommendation: Staff is recommending approval of Resolution No. 97-EDA77 approving and authorizing the execution of the Purchase and Redevelopment Agreement with Preferred Builders for the sale and development of a new home at 8265 Spring Lake Road • DRAFT #1 PURCHASE AND REDEVELOPMENT AGREEMENT BY AND BETWEEN THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY AND PREFERRED BUILDERS, INC. • This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, MN 55402 • • SJR133725 MU205-9 DRAFT #1 PURCHASE AND REDEVELOPMENT AGREEMENT • THIS AGREEMENT is made as of the 24th day of November, 1997 by and among the MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and corporate under the laws of the State of Minnesota (the "Authority"), located at 2401 Highway 10, Mounds View, Minnesota 55112-1499, and PREFERRED BUILDERS, INC., a Minnesota corporation (the "Developer"), located at 133 Osborne Road, Spring Lake Park, MN 55432. WITNESSETH: WHEREAS, the Authority is the owner in fee simple of the parcel of land (the "Land") located in the City of Mounds View, County of Ramsey, State of Minnesota, and legally described as: The West 218 feet of the North 53 feet of Lot 34 and the South 27 feet of the West 218 feet of Lot 35, Auditor's Subdivision No. 89, Ramsey County, Minnesota. The Land and all rights, privileges, easements, tenements, hereditaments, and appurtenances belonging thereto, shall hereinafter be referred to as the "Property". The street address of the Property is 8265 Spring Lake Road, Mounds View, Minnesota 55112. WHEREAS, the Authority deems it to be in the public interest to facilitate and encourage redevelopment of the Property by private activity; and WHEREAS, the Developer has proposed a development ("Development") within such Property which the Authority believes will promote and carry out the objectives of the Authority, will be in the vital best interests of the Authority, will promote the health, safety, morals, and welfare of its residents and will be in accord with the public purposes and provisions of the applicable state and local laws and requirements under which activities within the Authority have been undertaken and are being assisted; and WHEREAS, the Developer proposes to construct on the Property a 1900 sq. ft. three bedroom modified two story single family residential home, including two full bathrooms and a three car garage, with an estimated market value of$145,000. WHEREAS, the Developer is willing to purchase the Property and to develop the Property for and in accordance with this Agreement; and WHEREAS, the Authority desires to convey the Property to Developer and Developer is desirous of purchasing the same. i SJR133725 MU205-9 DRAFT #1 • NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby covenant and agree as follows: AGREEMENT 1.0. Definitions. In this Agreement, unless a different meaning clearly appears from the context: (a) "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. (b) "Authority" means the Mounds View Economic Development Authority. (c) "Certificate of Completion" means the certification provided to the Developer, substantially in the form attached as Exhibit B to this Agreement, pursuant to Section 20 of this Agreement. 1111 (d) "City" means the City of Mounds View, Minnesota. (e) "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed on the Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the Authority, and (b) shall include at least the following: (1) foundation plan; (2) basement plans; (3) floor plan for each floor; (4) cross sections of each (length and width); and (5) elevations (all sides). (f) "County" means the County of Ramsey, Minnesota. (g) "Developer" means Preferred Builders, Inc., or its permitted successors and assigns. (h) "Event of Default" means an action by the Developer listed in Section 17 of this Agreement. (i) "Holder" means the owner of a Mortgage. (j) "Material" means any effect or change which significantly alters the • intended use of the Property, or increases or decreases the costs of any individual item of the Minimum Improvements by more than $2,500. SJR133725 MU205-3 - DRAFT #1 • (k) "Minimum Improvements" means the construction struchon of a 1900 sq. ft. three bedroom modified two story single family residential home, including two full bathrooms and a three car garage, with an estimated market value of $145,000. (1) "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Property and which is a permitted encumbrance pursuant to the provisions of this Agreement. (m) "Parcel" means the real property so described as above as the Property. (n) "Property" means the real property upon which the Minimum Improvements will be constructed, a legal description of which is set forth at Exhibit A of this Agreement. After construction of the Minimum Improvements, the term means the Property as improved. The Property consists of one Parcel. (o) "State" means the State of Minnesota. (p) "Termination Date"means the date on which the Developer receives a Certificate of Completion pursuant to the terms and conditions of this Agreement. • (q) "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit(other than the City or Authority in exercising their rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 20 of this Agreement. 2.0. Premises To Be Purchased. Subject to compliance with the terms and conditions of this Agreement, Authority shall sell to Developer and Developer shall purchase from Authority the Property. 3.0. Purchase Price. The purchase price ("Purchase Price") of the Property shall be $28,000 payable as follows: 3.1. The amount of $1,000 as earnest money (the "Earnest Money") to be • deposited by Developer with Title Insurer within three (3) days after the date of this Agreement and held and disbursed under the terms of this Agreement. SJ 133725 ,� MU205-9 3 DRAFT #1 • 3.2. The amount of$27,000 shall be payable in cash or certified check on the Date of Closing. 4.0. Title To Be Delivered. Authority agrees to convey to Developer marketable fee simple title to the Property subject only to the encumbrances approved by Developer in accordance with Section 5.2. Should Developer determine Authority's title to the Property to be unmarketable, Developer may make objections to Authority's title in accordance with Section 5.2. Nothing contained in this Agreement shall be construed as a covenant requiring Authority to obtain marketable title to the Property if it is determined that Authority does not have marketable title. 5.0. Evidence Of Title. 5.1. Within fifteen(15) days after the execution of this Agreement by both parties or such other time period as may be specified in this Article, Authority shall at the discretion of the Authority: (a) Cause to be delivered to the Developer at the cost of Developer, an Abstract of Title for the Property (or a Registered Property Abstract if title to the Property is registered) certified to date to include proper searches covering bankruptcies, tax liens and state and federal court judgments and liens; or • (b) Cause to be issued and delivered to Developer, at the cost of Developer, an ALTA Form 1970 commitment for an Owner's title insurance policy (the "Commitment") issued by the Title Insurer pursuant to which the Title Insurer agrees to issue to the Developer upon the recording of the documents of conveyance referred to herein an ALTA Form 1970 Owner's title insurance policy in the full amount of the Purchase Price, with standard exceptions for matters of survey, parties in possession (other than tenants under current written leases) and unfiled mechanic's or materialmen's liens deleted. The Commitment shall include proper searches covering bankruptcies, state and federal judgments and liens and levied and pending special assessments and shall be accompanied by copies of all recorded documents presently affecting the Property. 5.2. Developer shall have fifteen (15) business days after receipt of all the title evidence discussed in Sections 5.1 above to render objections to title in writing to Authority and Authority shall have the greater of(i) the number of days remaining until the Date of Closing or (ii) thirty (30) days to have such objections removed or satisfied. If Authority shall fail to have such objections removed within said time, the Developer may, at its sole election: (a) terminate this Agreement without any liability on its part; in which event the Earnest Money paid hereunder shall be promptly refunded in exchange for a quit claim deed to the Property from Developer; or (b) take title to the Property subject to such objections. Authority agrees to use its reasonable efforts to satisfy • promptly at its sole cost any such objections, provided, however, that other than to cure liens, Authority shall not be obligated to spend a total of more than $0.00 to cure all such objections. SJ 133725 MU205-9 DRAFT #1 • 6.0. Control of Property. Until the Date of Closing, Authority shall have the full responsibility and the entire liability for any and all damages or injuries of any kind whatsoever to the Property, to any and all persons, whether employees or otherwise, and to any other property from and connected to the Property, except liability arising from the acts, omissions, intentional torts or negligence of Developer, its agents or employees. If, prior to the Date of Closing, all or a material portion of the Property shall be the subject of an action in eminent domain or a proposed taking by a governmental authority (other than the City), whether temporary or permanent, Developer, at its sole election, shall have the right to terminate this Agreement without liability on its part, by so notifying Authority in writing and all sums heretofore paid to Authority shall then be promptly refunded to Developer in exchange for a quit claim deed for the Property. At its option, Developer may proceed to closing and in such event, the Authority shall either assign to Developer all rights to recover any awards for such action in eminent domain or proposed taking or pay to Developer any such awards or any proceeds already received. Authority agrees to keep the Property continually insured during the term of this Agreement. If, prior to the Date of Closing, all or a portion of the Property shall be damaged or destroyed by any casualty such that the damage or destruction will cost in excess of$5,000 to repair, Developer, at its sole discretion, shall have the right to terminate this Agreement without liability on its part, by so notifying Authority in writing and all sums heretofore paid by Developer shall be promptly refunded to Developer. At Developer's option, Developer may proceed to closing and Authority shall either assign to Developer all rights under existing insurance policies to recover insurance proceeds for such damage or pay to Developer all • insurance proceeds already recovered on account of such damage. 7.0. Representations by the Authority and Developer. The Authority and the Developer make the following representations as the basis for the undertaking on their part herein contained: 7.1. Representations of Authority. As an essential part of this Agreement and in order to induce Developer to enter into this Agreement and purchase the Property, Authority hereby represents and warrants to Developer: (a) The Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority does not know of any "wells" (within the meaning of Minnesota Statutes, Section 103I.005, Subd. 21) on the Property. This representation is intended to satisfy the requirements of Minnesota Statutes, Section 103I.235, Subd. 1(a). If wells are found to be on the Property prior to the Date of CIosing, Authority shall promptly notify Developer of the presence of such wells. 7.2. Representations and Warranties by the Developer. The Developer represents and warrants that: • (a) The Developer is a duly organized corporation, in good standing under the laws of the State of Minnesota, is not in violation of any provisions of 5.312133725 MU2o5-9 5 DRAFT #1 • its charter, bylaws, or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement, and has duly authorized the execution, delivery, and performance of this Agreement by proper action of its board of directors. (b) The Developer has received no notice or communication from any local, State, or federal official that the activities of the Developer or the Authority • on the Property may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, State, or federal environmental law, regulation, or review procedure. (c) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by, or conflicts with or results in a breach of the terms, conditions, or provisions of any corporate or partnership restriction or any evidences of indebtedness, agreement, or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. 11110 (d) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). 7.3. The representations and warranties set forth in this section shall be continuing and shall be true and correct as of the Date of Closing with the same force and effect as if made at that time. All such representations and warranties shall survive closing and shall not be merged in the delivery and execution of the deed or other instruments of conveyance called for in this Agreement. 7.4. Except for the representations and warranties of Authority expressly made herein, Developer is buying the Property on an "as is," "where is," and "with all faults" basis, based upon its own investigation and judgment. 8.0. Review of Documents. Concurrently with execution of this Agreement or within ten days following the date hereof, and to the extent such documents are available to Authority, Authority shall deliver to Developer the following documents: existing (i) reports (whether in draft or final form) of any environmental inspections, audits or examinations of the Property; (ii) reports of all engineering tests, inspections and studies of the Property and (iii) reports of soil tests of the Property; all as Authority may have or be able to obtain copies of without unreasonable expense (all such records, plans, permits and reports being hereafter referred to as the "Existing Tests"). SJR133725 MU205-9 6 DRAFT #1 9.0. Conditions to Closing. The closingof the transaction contemplated emplated by this Agreement and the obligation of the Authority to sell the Property and of the Developer to purchase the same shall be subject to the following conditions: 9.1. Authority Responsibilities: (a) Provide an updated abstract or title commitment, at the cost of Developer, for the Property; (b) Provide confirmation that sewer and water service is available to the Property. 9.2. Developer's Responsibilities: (a) Title: Developer may review and approve preliminary title reports and surveys in accordance with this Agreement; (b) Developer shall indemnify Authority against any liability, cost or expense incurred by Authority as a result of Developer's actions, including but not limited to fines, court costs, reasonable attorneys' fees and remedial costs. Authority shall provide Developer and Developer's agents and representatives • access to the Property, at reasonable times and in a reasonable manner, for purposes of completing such Investigation/Due Diligence Period requirements. Authority shall cooperate with the Developer's investigation of the Property, including Developer's ability to interview, at reasonable times and in a reasonable manner, Authority or any of Authority's employees or to take samples of any soil, ground water or other materials provided the same does not unreasonably interfere with Authority's operations. (c) Developer must provide adequate evidence of financing for the purchase and construction of the Minimum Improvements on the Property. 9.3. With respect to the above-described conditions, Developer shall give notice of its desire to terminate this Agreement for failure to fulfill any of said conditions on or before the Date of Closing or such earlier date as may be specified above. In the event no notice of termination is given within the specified time period with respect to any such section hereof, such condition shall be deemed to be waived by Developer and Developer shall proceed to closing in accordance with the other terms and conditions hereof. If this Agreement is terminated due to the failure of the conditions set forth in Sections 9.1, the Earnest Money shall be promptly returned to Developer in exchange for a quit claim deed for the Property and neither party shall have further rights and obligations hereunder. If this Agreement is terminated due to the failure of the conditions set forth in Section 9.2, the Earnest Money shall be retained by the Authority and the Developer shall execute a quit claim deed for the Property. SJR133725 MU205-9 7 DRAFT #1 • 10.0. Closing. The closing shall take place on January 30, 1998 (the "Date of Closing") or on such earlier date as Authority and Developer may mutually agree in writing. The closing shall take place at the office of Title Insurer or such other place as the Authority and Developer may reasonably determine. Possession of the Property shall be delivered on the Date of Closing. 11.0. Authority's Obligations At Closing. On or prior to the Date of Closing, Authority shall: 11.1. Execute, acknowledge and deliver to the Developer a warranty deed, with a right of reverter, to the Property conveying to the Developer marketable fee simple title to the Property, subject to the limitations contained in Sections 4.0 and 5.3 hereof, and all rights appurtenant thereto subject only to the encumbrances approved by Developer in accordance with Section 5.3. 11.2. Deliver to Developer an affidavit of the Authority in recordable form identifying the Authority as the owner of the Property free and clear of all encumbrances except the encumbrances approved by Developer in accordance with Section 5.3, that all work, labor, services and materials furnished to or in connection with the Property have been fully paid for so that no mechanic's, materialmen's, or similar lien may be filed against the Property. • 11.3. In the event the warranty deed described in Section 11.1 does not contain the statement "The Seller certifies that the Seller does not know of any wells on the described real property", Authority shall execute and deliver to Developer a Well Disclosure Certificate as required in Minnesota Statutes, Section 103I.235 indicating that all wells have been properly abandoned and sealed by a licensed well contractor, all as required by the rules and regulations issued to Minnesota Statutes, Section 103I.501(a)(2). 11.4. Execute and deliver to Developer a Designation Agreement relating to the Property which designates the "reporting person" for purposes of completing Internal Revenue Form 1099S. 11.5. Deliver to Developer such other documents as may be required by this Agreement or applicable law. 11.6. Deliver to Developer evidence of Authority's authorization to complete this transaction. 11.7. Execute and deliver to Developer a closing statement consistent with this Agreement. 12.0. DeveIoner's Obligations at Closing. At closing, and subject to the terms, • conditions, and provisions hereof and the performance by Authority of its obligations as set forth above, the Developer shall: SJR133725 MU205-9 8 DRAFT #1 • 12.1. Deliver to Authority any portion of the Purchase Price then due and payable by Developer's certified or cashier's check or equivalent. 12.2. Execute, and/or deliver to Authority such other documents as may be required by this Agreement or applicable law. 12.3. Deliver to Authority evidence of Developer's authorization to complete this transaction. Developer hereby represents and warrants to Authority that the execution and performance of this Agreement by Developer has been duly authorized by all necessary action. 12.4. Execute and deliver to Authority a closing statement consistent with this Agreement. 13.0. Closing Costs. The following costs and expenses shall be paid as follows in connection with the closing: 13.1. Developer shall pay the following costs in connection with the closing. (a) All abstracting expenses, the cost of issuing the title commitment and the cost of copies of all additional title documents necessary for the . examination of title. (b) The title insurance premium charged by the Title Insurer. (c) The cost of preparation of the warranty deed and other documents of conveyance. (d) Any filing fee to record the warranty deed and related documents. (e) State Deed Tax upon delivery of the warranty deed to the Developer. (f) Authority's attorneys' fees. (g) Developer's attorneys' fees. 14.0. Prorations. The following prorations shall be made as of the Date of Closing and subsequent to the Date of Closing to the extent actual information is unavailable on the Date of Closing: 14.1. All utilities furnished to the Property. 14.2. Real estate taxes and special assessments as hereinafter provided. SJR133725 MU205-9 9 DRAFT #1 • 15.0. Taxes and Special Assessments. Authority shall pay the real estate taxes and special assessments relating to the Property which are due and payable in all years prior to the year of closing, and any and all deferred real estate taxes and all levied and pending special assessments at the closing of the sale . Real estate taxes payable in the year of closing shall be prorated to the Date of Closing. The parties agree and understand that, as of the date of this Agreement, there are no outstanding deferred real estate taxes or levied or pending special assessments. 16.0. Brokerage. Developer and Authority each represent and warrant to the other that they have not engaged the services of any broker in connection with the purchase contemplated by this Agreement. Each party hereby agrees to indemnify and hold the other harmless of any claim made by a broker or sales agent or similar party for a commission due or alleged to be due on this transaction. 17.0 Default. The following default provisions govern this Agreement. 17.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to • be observed or performed hereunder, but only if such failure has not been cured within thirty days after receipt by the defaulting party of written notice of such failure or, if the failure is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party within such thirty-day period that the failure will be cured and will be cured as soon as reasonably possible. Subject to the foregoing notice and cure periods, nothing in this Section shall limit the Authority's right to exercise any remedy to which it is entitled under any other provision of this Agreement. 17.2. Remedies on Default. Whenever any Event of Default referred to in Paragraph 17.1 of this Agreement occurs, the non-defaulting party may: (a) Suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under this Agreement. (b) Cancel and rescind or terminate this Agreement. In the event that Authority should fail to consummate the transaction contemplated by this Agreement for any reason except for Developer's default or the failure of Developer to satisfy any conditions to Authority's obligation hereunder, and Developer elects to cancel and terminate this Agreement in the manner provided by applicable law and be relieved of its obligations hereunder, Developer shall be 11111 immediately entitled to the return of the Earnest Money heretofore paid in exchange for a quit claim deed for the Property. In the event that Developer shall fail to consummate the transaction contemplated herein for any reason, except the SJR133725 M0205-9 10 DRAFT #1 • default by Authority or the failure of Authority to satisfy any of the conditions to the Developer's obligations set forth herein, and the Authority elects to cancel and terminate this Agreement in the manner provided by applicable law and be relieved of its obligations hereunder, the Authority shall be entitled to retain the Earnest Money as liquidated damages. (c) In the case of an Event of Default by the Developer, the Authority may demand reimbursement by the Developer to the Authority in the amount of any costs paid by the Authority pursuant to this Agreement. (d) Take whatever action, including legal, equitable, or administrative action,which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. (e) Enforce the specific performance of this Agreement, which action must be commenced within one (1) year of the date of failure of a party to consummate the transactions contemplated herein. 17.3. Revesting Title in Authority Upon Happening of Event Subsequent to Conveyance to Developer. In the event that, subsequent to conveyance of the Property • to the Developer and prior to the issuance of the Certificate of Completion: (a) subject to Unavoidable Delays, the Developer fails to carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand from the Authority to the Developer to do so; or (b) subject to Unavoidable Delays the Developer fails to cure any default under this Agreement within 30 days after receipt of notice of Event of Default. Then the Authority shall have the right to re-enter and take possession of the Property and to terminate and revert in the Authority the estate conveyed pursuant to the Deed to the Developer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Developer shall be made upon, and that any instrument conveying title from the Authority to the Developer of the Property shall contain a condition subsequent to the effect that in the event of any default on the part of the Developer and failure on the part of the Developer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, the Authority at its option may declare a termination in favor of the Authority of the title, and of all the rights and interests in and to the Property conveyed to the SJR133725 MU205-9 1 1 DRAFT #1 • Developer, and that such title and all rights and interests of the Developer, and any assigns or successors in interest to and in the Property, shall revert to the Authority. 17.4. Resale of Reacquired Property: Disposition of Proceeds. Upon the revesting in the Authority of title to and/or possession of the Property as provided in Section 17.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to sell the Property or part thereof as soon and in such manner as the Authority shall find feasible and consistent with the objectives of such law and of the Authority to a qualified and responsible parry or parties (as determined by the Authority) who will assume the obligation of making or completing the Minimum Improvements or such other improvements in their stead as shall be satisfactory to the Authority and in accordance with the uses specified for the Property. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the Authority for all costs and expenses incurred by the Authority, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the Authority from the property or part thereof in connection with such management); all taxes, assessments, and water and sewer S charges with respect to the Property (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by the Authority, an amount, if paid, equal to such taxes, assessments, or charges (as determined by the Authority assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in the Authority or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum Improvements or any part thereof on the Property; financial assistance made by the Authority to the Developer(less any portion thereof previously repaid by the Developer); and any amounts otherwise owing the Authority by the Developer and its successor or transferee; and (b) Any balance remaining after such reimbursements shall be returned to the Developer. 17.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party in this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often SJR133725 MU205-3 12 DRAFT #1 • as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Section. 17.6. No Additional Waiver Implied by One Waiver. In the event any provision or agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 18.0. Access to Property and Inspection. Any time and from time to time prior to the Date of Closing, Developer, and person or persons selected by Developer shall be permitted access to the Property for the purpose of conducting such studies and investigations of the Property as Developer deems appropriate, which studies and investigations shall be conducted at Developer's sole expense and pursuant to any other terms and conditions of this Agreement. Developer agrees to indemnify Authority against any liability, cost or expense incurred by Authority as a result of Developer's actions, including but not limited to fines, court costs, reasonable attorneys' fees and remedial costs. Such studies may include without limitation, physically inspecting the Property and reviewing Authority's records concerning the Property which records shall be made reasonably available to Developer. 19.0. Miscellaneous. The following general provisionsgovern this • Agreement. 19.1. Time is of the Essence. The Date of Closing is of the absolute essence. In the event this transaction does not close on the Date of Closing because the Authority is unable to perform as required by this Agreement, the Agreement shall be null and void and all Earnest Money shall be immediately refunded to Developer. In the event this transaction does not close on the Date of Closing because the Developer is unable to perform as required by this Agreement, this Agreement shall be null and void and all Earnest Money shall be delivered to the Authority as liquidated damages. 19.2. Governing Law. This Agreement is made and executed under and in all respects is to be governed and construed under the laws of the State of Minnesota. 19.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the parties as follows: Authority: The Mounds View Economic Development Authority • 2401 Highway 10 Mounds View, MN 55112-1499 SJR133725 MU205-9 13 DRAFT #1 • Developer: Preferred Builders, Inc. 133 Osborne Road Spring Lake Park, MN 55432 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. 19.4. Construction. The captions and headings of the various sections of this Agreement are for convenience only and are not to be construed as defining or as limiting in any way the scope or intent of the provisions hereof. Wherever the context requires or permits, the singular shall include the plural, the plural shall include singular, and the, masculine, feminine and neuter shall be freely interchangeable. 19.5. Assignability_. This Agreement and the rights set out herein may be assigned by Developer upon notice to Authority,provided, however, any assignment shall not release Developer from any liability under this Agreement. 19.6. Entire Agreement. This Agreement sets forth the entire understanding of the parties and may be amended, modified or terminated only by an instrument signed by the parties. • 19.7. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. 19.8. Binding Effect. This Agreement (including without limitation, the representations and warranties set forth in Section 7 hereof) shall inure to the benefit of and bind the respective heirs, executors, administrators and assigns of Developer and Authority, including without limitation any successor in interest to either Developer or Authority with respect to this Agreement or the Property or both. 19.9. Conflict of Interests: Authority Representatives Not Individually Liable. The Authority and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official, or employee of the Authority shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Authority, or for any amount which may become due to the Developer or successor or on any obligations under the terms of this • Agreement. 19.10. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements SJR133725 MU205-9 14 DRAFT #1 • provided for in this Agreement it will comply with all applicable federal, State, and local equal employment and non-discrimination laws and regulations. 19.11. Restrictions on Use. The Developer agrees that prior to the Termination Date, the Developer, and its successors and assigns: (a) shall not discriminate upon the basis of race, color, creed, sex, national origin, or any other classification prohibited by law in the sale, lease, rental, or use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; and (b) shall otherwise comply with the restrictions on use set forth in this Agreement. 19.12. Provisions Not Merged With Deeds. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 19.13. Recording. The Authority may record this Agreement and any amendments thereto with the Ramsey County recorder. The Developer shall pay all costs for recording. 19.14. Attorney Fees. Whenever any Event of Default occurs and if the Authority shall employ attorneys or incur other expenses for the collection of payments due or to • become due, or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer agrees that it shall, within ten days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. 19.15 Housing Design and Site Criteria. The Housing Design and Site Criteria information attached hereto as Exhibit C, is incorporated herein by reference and made a part of this Agreement as if set forth fully herein. The Housing Design and Site Criteria general policy and requirements are binding upon the Developer and shall be obligations upon the Developer unless inconsistent with the provisions of this Agreement. 20.0 Construction of Minimum Improvements. 20.1. Construction of Minimum Improvements. (a) The Developer agrees that it will construct the Minimum Improvements on the Property in accordance with the approved Construction Plans, and at all times prior to the Termination Date will operate and maintain, preserve, and keep the Minimum Improvements, or cause the Minimum Improvements to be maintained, preserved, and kept, with the appurtenances and every part and parcel thereof, in good repair and condition. The Authority shall not have any obligation to operate or maintain the Minimum Improvements. (b) The Developer will construct the Minimum Improvements in accordance • with all local, State, and federal energy-conservation laws or regulations. Suomi 133725 MU205-9 15 DRAFT #1 (c) The Developer will obtain, in a timely manner, all required permits, licenses, and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed, including, without limitation, the requirements of any necessary special use permits. (d) The Developer shall promptly advise the Authority in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Developer or its business which may delay or require changes in construction of the Minimum Improvements. (e) The Developer agrees that the Minimum Market Value for the Property - with the Minimum Improvements shall be at least $145,000. The parties agree that this value for the Minimum Improvements shall be established by the assessed value of the Property as of the Termination Date as defined in the Agreement. The Minimum Market Value herein established shall be of no further force and effect and shall end on the Termination Date as defined in the Agreement. 20.2. Construction Plans. (a) Before beginning construction of the Minimum Improvements, the Developer shall submit to the Authority Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements, as applicable, and shall be in conformity with this Agreement and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; and (iv) no Event of Default has occurred. Approval may be based upon a review by the City's building official of the Construction Plans. No approval by the Authority or City shall relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, State and local laws, ordinances, rules and regulations,or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section 20.2 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority's • approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed SJR133725 16 MU205-9 DRAFT #1 in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any Material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 20.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. (c). The terms of this Section 20.2 shall apply only to the Construction Plans as herein defined. Any site plan approval, variances, and any other City permit or approval required for construction of the Minimum Improvements shall be applied for and processed in accordance with normal City procedures. 20.3. Commencement and Completion of Construction. Subject to Unavoidable • Delays,the Developer shall commence construction of the Minimum Improvements within 70 days after the date of this Agreement. Subject to Unavoidable Delays, the Developer shall substantially complete the construction of the Minimum Improvements by July 5, 1998. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the Authority. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 20.3 of this Agreement. Subsequent to the Developer's acquisition of title to the Property, or any part thereof, and until construction of the Minimum Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. 20.4. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority will furnish the Developer with a Certificate of Completion substantially in the form shown at Exhibit B. Such certification by the Authority shall be a conclusive determination of satisfaction and SJR133725 Mar205-9 17 DRAFT #1 • termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements, as applicable, and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) If the Authority shall refuse or fail to provide any certification in accordance with the provisions of this Section 20.4 of this Agreement, the Authority shall, within thirty (30) days after written request by the Developer,provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be substantially completed when the Minimum Improvements have been approved for use by the responsible inspecting authority. 20.5. Reconstruction of Minimum Improvements. If the Minimum Improvements are damaged or destroyed before the Termination Date, the Developer agrees, for itself and its successors and assigns, to reconstruct the Minimum Improvements so that the Minimum Improvements and the Property have a value equal to the Minimum Market Value as set forth in and required by Section 20.1(e) of this Agreement. The Minimum Improvements shall be reconstructed in accordance with the Construction Plans, or with modifications approved by the Authority in accordance with Section 20.2 of this Agreement. 20.6. Property Taxes: Special Assessments. After closing on the Property, the Developer shall pay all real estate taxes and special assessments on the Minimum Improvements and the Property as they become due. The Developer shall not cause the Property to be removed from the public tax rolls or to become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action prior to the Termination Date. 20.7. Survival of Agreement. The terms of this Section 20 shall survive closing. SJR133725 MU205-9 18 DRAFT #1 • The parties hereto have executed this Agreement as of the day and year set forth below. DEVELOPER: PREFERRED BUILDERS, INC. Dated By Its Dated By Its AUTHORITY: THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY Dated By Its President Dated By Its Executive Director S SJR133725 19 MU205-9 DRAFT #1 EXHIBIT A Legal Description of Property The West 218 feet of the North 53 feet of Lot 34 and the South 27 feet of the West 218 feet of Lot 35, Auditor's Subdivision No. 89, Ramsey County, Minnesota. • S SJR133725 A-1 MU205-9 DRAFT #1 EXHIBIT B to PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF CERTIFICATE OF COMPLETION The undersigned certifies that, except as may be specified below, Preferred Builders, Inc. has fully and completely complied with its obligations under Paragraph 20 of that document entitled "Purchase and Redevelopment Agreement", dated November 24, 1997, between the Mounds View Economic Development Authority and Preferred Builders, Inc. with respect to construction of the Minimum Improvements on the Property legally described therein, in accordance with the approved Construction Plans and is released and forever discharged from its obligations to construct under such above-referenced Paragraph. Dated: MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 199_, by and , the President and Executive Director respectively, of The Mounds View Economic Development Authority, a public body corporate and politic, under the laws of the State of Minnesota on behalf of the public body corporate and politic. Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 • (612) 337-9300 SJR133725 MU205-9 B-1 DRAFT #1 EXHIBIT C to PURCHASE AND REDEVELOPMENT AGREEMENT HOUSING DEVELOPMENT AND SITE CRITERIA The Mounds View Economic Development Authority(EDA) established the Housing Replacement Program to reduce the social costs of blight and increase the tax base. The purpose of the program is to replace deteriorating lower value housing on scattered sites throughout the City with larger, higher value housing designed for families. To accomplish this goal, the EDA purchases substandard homes, demolishes the home and sells the lot to a prospective buyers for redevelopment. This will assist in eliminating the blighting influence of substandard housing and increasing the availability of quality housing for families. 1. General a. The developer must be a licensed contractor. All sub-contractors must also be licensed. b. The developer must enter into a Contract for Private Development with the EDA which will specify design, set site criteria and establish value based upon new home construction in the surrounding area. • c. Home design must comply with all federal, state and local building codes. d. The house must be able to be built within six (6) months from the time the Contract for Private Development is executed. An extension may be granted with the permission of the EDA. e. Each home must be single-family, owner occupied. 2. Building Standards a. All building plans must have been prepared in consultation with an Architect or Architectural Designer with a minimum two year technical degree. Housing design is a critical concern. b. A minimum of three bedrooms is required. c. Two full bathrooms are preferred. A home design with 11/2 baths will be considered. S Page I SJR133725 D MU205-9 B-7 d. A two-car attached garage is required. • e. Exterior materials (siding, doors and windows) should be low maintenance. Aluminum and vinyl are preferred. Natural cedar lap is acceptable if properly stained or painted. Hardboard panels or hardboard lap siding are not acceptable. f. Unit height and mass of the new homes shall be compatible with the scale of the surrounding neighborhood. g. Plans must present a balanced distribution of wall and window areas from all views. h. A full basement shall be provided in the house unless the selected design results in a split level, garden level type of basement. 3. Site Standards a. The entire grounds shall be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend with adjoining properties. The landscape plan must be reviewed by the City Forester. • b. Existing trees shall be preserved when possible. Care should be taken to preserve existing root systems. Construction fencing around the root system must be provided on trees directly adjacent to active grading and construction areas. The City Forester can assist in recommending methods of protecting existing trees and shrubs. c. Site drainage shall be accommodated on the site so that water is directed away from the new home and the neighboring properties. The developer must comply with any federal, state or local drainage requirements. Construction and the finished structure must not have a detrimental impact on storm water drainage patterns in the neighborhood. d. All air conditioning units must be located in the rear yard of the house. e. Utility meters shall be screened from street view; locations must be specified on plans. • Page 2 f. The neighboring property and adjacent public streets shall be kept free of • construction debris at all times. The construction site shall be managed so not to become a nuisance. Under no circumstance during the construction period shall construction workers, construction equipment or construction materials enter, disturb, or damage neighboring properties. 4. Builder Requirements a. Demonstrate financial capability by providing: (1) A statement from a financial institution of sufficient construction capital (2) A letter of credit of the value of the lot (3) A summary of the financial conditions of the company (4) Evidence of a construction loan or ability to secure one b. Possess adequate Builder's Risk, Comprehensive General Liability and Worker's Compensation insurance coverage. c. Posses a Home Owners Warranty insurance or equivalent to perform warranted repairs required by Minnesota State Statute. • d. Provide references from: (1) Five customers; (2) . Three major suppliers, one being the construction lumber supplier; (3) Building Inspectors from two cities in which the builder has constructed new housing within the past three years. e. Provide information on inventory of homes that builder currently has under construction. 5. Buyer Requirements if applicable a. Must be pre-approved for permanent financing prior to allow signing of Contract for Private Development. • Page 3 1333 Osborne Road �:, '' " .r ?• Spring Lake Park,MN 55432 . .PREFERREDOffice:(612) 7866000 Fax:(612) 780-2746 • BUILDERS, INC.. OVER A DECADE OF QUALITY CUSTOM HOMES November 21, 1997 Cathy Bennett Director of Economic Development City of Moundsview 2401 Hiway 10 Moundsview Mn. 55112 Dear Cathy: I am providing the following references that you required for the purchase of the lot at 8265 Spring Lake Road. Two Building Inspectors 1. Nick Carver - City of Maplewood 770-4500 2. Gary Hagedorm - City of Blaine 784 6700 • Three Suppliers 1. Spring Lake Park Lumber Co - Gary Sickler 784-3062 2. Air Mechanical Heating Co - Ross Erickson 434-7747 3. Glynn Windows - Steve Glynn 645-4900 Five Customers 1 . Gene & Joyce Van Guilder 1763 Lakewood Drive Maplewood Mn. - Closed DEcember 2, 1996 HO. 773-1301 Gene WO. 457-4423. 2. Ted & Grace Ulven 1761 Myrtle St Maplewood Mn. - CLosed January 17, 1997 HO. 748-8604 WO. 779-5182 3. Brent & Jill Mason 2334 Kingston Ave • Maplewood Mn - Closed March 14, 1997 HO. 773-8937 Brent WO. 451-5398 4. Dave & Cathy Fiebiger 2339 Kingston Ave Maplewood Mn. Closed January 31 , 1997 HO. 777-4461 Cathy WO. 232-5301 h. cont Page 2 410 5. Jerry Fredrickson (� 8131 Spring Lake Road Moundsview Mn. - Closed February 28, 1997 HO. 786-5899 INVENTORY OF HOMES UNDER CONSTRUCTION 1 . 1774 Myrtle St Maplewood Mn. 2. 2315 Kingston Ave Maplewood Mn 3. 2306 Kingston Ave Maplewood Mn 4. 1769 Myrtle St Maplewood Mn 5. 1753 Myrtle St Maplewood Mn 6. Lot 3 Block 1 Maplewood Estates - Lakewood Drive Maplewood Mn 7. LOt 10 Block 1 Maplewood Estates - Lakewood Drive Maplewood Mn 8. 15558 Xenia St Andover Mn 9. 15258 Shanendoah Ham Lake Mn 10. 25606 Hamline Court Wyoming Mn 11 . 15349 Rendova St Ham Lake Mn 12. 11711 3rd Street Blaine Mn • 13. 11710 3rd Street Blaine Mn 14. 11703 3rd Street Blaine Mn. 15. 6970 137th Ave Ramsey Mn. 16. 5420 149th Ave Ramsey Mn 17. 11346 Polk Street Blaine Mn 18. 875 115th Lane Blaine Mn 19. 983 114th Ave Blaine Mn 20. 863 115th Lane Blaine Mn. 21 . 5500 149th Lane Ramsey Mn If you have any questions, please feel free to contact me at 786-6000 Sincerely, (2(:"/ Rrrdrew Pete Kociscak President Preferred Builders Inc. MEMO TO COUNCIL TO: Mayor and City Council FROM: Jim Ericson, Planning Associate RE: Good Value Homes Application, Planning Case No. 506-97 DATE: December 5, 1997 Late Friday afternoon, after my staff report was finalized and delivered to Tracy to be inserted into the Council packet, I came across some information that may shed additional light on the Good Value Homes easement vacation request. In a file labeled "Ordinance No. 305 Permit Application," I discovered materials from the original "MOUNDSVIEW SQUARE" preliminary plat requested by Robert Eigenheer. In this file, which contained a preliminary plat and grading plans dated 1/21/81, were two important documents. The first is a letter from the Minnesota Soil and Water Conservation Districts to Mr. Eigenheer. This letter, which I have attached for your reference, recommends that Lots 17, 18 and 19 remain undeveloped for stormwater retention. The second document is a letter from SEH Engineer Dan Boxrud to the City of Mounds View. He also recommends that lots 17, 18 and 19 remain undeveloped because it was determined that the wetlands extend up to the 904 contour. Because the holding pond constructed on lot 16 extended into the 904 contour, it was suggested that the three lots could be reserved for wetland purposes. This letter is also attached for your reference. Given this new information, it is clear as to the reason why the lots were put into an easement. What is not clear, however, is whether or not the lots still serve a hydrological function. Given the approval of Rice Creek Watershed District and the recently-performed delineation, it might appear that they do not. Be that as it may, the Council--according to the City Attorney--is under no obligation whatsoever to vacate an easement, even if no public purpose is present. S M I, MEMO TO: Mayor and City Council 411 FROM: Clerk-Administratos DATE: August 13, 1981 SUBJECT: ROBERT EIGENHEER ORDINANCE NO. 305 PERMIT APPLICATION During your meeting on July 13 , 1981 you discussed the referenced subject matter and directed Staff to have Mr. Tom Peterson, of the Ramsey Soil and Water Conservation District, review Mr. Eigenheer ' s preliminary plat to determine if the east/west road would infringe on the wetlands located on the property, and to have the City Engineer review the proposal for compliance with Resolution No. 983 . Attached is a copy of the developer' s proposal to comply with Resolution No. 983 , and a letter from Mr. Dan Boxrud, of Short-Elliott-Hendrickson, Inc. , reviewing this proposal and providing his comments on it. Also attached is a letter from Mr. Thomas Peterson, of the Ramsey Soil and Water Conservation District, indicating that, if the City were able to obtain drainage easement rights for lots 17 , 18 , and 19 that, little if any, impact would result from the development of Pinewood Circle. Should Council require any additional information on this matter 411 in order to complete its review, please do not hesitate to let Staff know. DFP/pf 411 SHORT-ELLIOTT-HENDRICKSON, INC. S 11611N1 111111 CONSULTING ENGINEERS ST. PAUL, MINNESOTA • CHIPPEWA FALLS, WISCONSIN 411 August 12, 1981 RE: MOUNDS VIEW, MINNESOTA MOUNDS VIEW SQUARE (ROBERT EIGENHEER PROPERTY) OUR FILE NO. 77039 City of Mounds View 2401 Highway #10 Mounds View, Minnesota 55112 Attn: Mr. Steven A. Rose Gentlemen: We have reviewed the revised grading plan for this project dated August 4, 1981. We find that the storm water storage pond proposed to be constructed adjacent to the wetland meets the requirements of City Resolution No. 983. We would recommend that the outlet pipe from the pond be a 12" reinforced concrete pipe as is dictated by the drainage calculations applied by the developers engineer. We understand that it has been determined that the • existing wetlan•s ex end up to the 90• contour elevation. The •ro.osed •ond site lies partially within this area, but if t e three lots west of the proposed pond site are reserve• or wetland_ •urnoses, the additiona •- efit of .reserving the wooded area above the 904 contour elevation immediately west of the pon• site will be realized. Summarizing our previous comments on the preliminary plat, we feel that the 6" sanitary sewer shown on the preliminary plat shall be changed to an 8" sanitary sewer, and the class 5 gravel base should be increased from 4" to 6" in thickness. The developer proposes to construct a 32 ft. wide street in the Edgewood Drive right-of-way with extruded bituminous curbs. This street could be extended to proper MSA street width in the future if it is determined that Edgewood Drive is to be constructed to Hillview Road. We recommend approval of the preliminary plat from an engineering standpoint subject to the foregoing. Sincerely, par,vv.-Je. (:,:cer_76.2 / iel R. Boxrud cc: Keith Nelson DRB/cih 200 GOPHER BUILDING • 222 EAST LITTLE CANADA ROAD • ST. PAUL, MINNESOTA 55117 • PHONE (612) 484-0272 RAMSEY SOIL AND WATER CONSERVATION DISTRICT Mid-America Bank Building 1827 North Saint Poul Rood Maplewood,Minneaoto 55109 • , 0:j�j Telephone (612; 777-3127 MINNESOTA rk. SOIL AND WATER CONSERVATION DISTRICTS July 27, 1981 To: rfr. Don Pauly, City Administrator • Subject: Development of Inventoried Wetland 1-19. Field observations of Wetland 1-19 show that vegetative habitats between the 902 and 904 contours form a continuum of Types 1, 2 and 6 wetlands. It is difficult or impossible to delineate exactly each of the a for- mentioned habitats. It is apparent that this landscape is saturated or seasonally flooded for some duration to support any wetland habitats at all. If the City is in a position to negotiate drainage easement rights • for Lots 17-19, I feel little if any impact would result from the develop- ment of Pinewood Circle. Conversely, any development on Lots 17-19 would definitely jeopardize the integrity of wetland 1-19. During the development of Pinewood Circle disturbance to wetland habitats north of the indicated roadway should be minimized and erosion control measures hnplea»ted to minimize irmpacts to the wetland. Sincerely, ,1"47716. Pbe, Tan Petersen Conservation Specialist • AN EQUAL OPPORTUNITY EMPLOYER 0630® RAMSEY SOIL AND WATER CONSERVATION DISTRICT Mid-America Bcnl, Building 1827 North Saint Paul Road • Maplewood,Minnesota 5S1C9 Telephone 1.6121 777-0127 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS June 28, 1981 ,- CI Mr. Robert Eigenbeer `47! CalfCf � MOUNDS r l 12015 Central Avenue N.E. '� Blaine, Minnesota 55454 u Dear Mr. Eigenbeer: Mr. Thomas Petersen presented his review of the preliminary plat of Mounds View Square Development to the Ramsey Soil and Water Conservation District Supervisors for their consideration. We accept his report. one bulk of the soils in this plat are suitable for development with minor limitations, i.e., Zimmerman and the Lino Urban complex. Major problems are sidewall caving of trenches for foundations, low fertility when reestablishing vegetation, and wind erosion during development. All these limitations can be easily overcome. However, the policy of the Ramsey Soil and Water Conservation District Supervisors is not to recommend development of wetlands better suited for storm water retention. We recommend that lots 17, 18 and 19 remain undeveloped. If these lots are developed all organic soils should be removed, replaced with suitable fill, and allowed to settle for an appropriate time (about one year) before development begins. Sincerely,S Russell S. Adams, Jr. Plat Review Committee c.c.: Mr. Thomas Petersen Mounds View City Council Rice Creek Watershed District • AN EQUAL OPPORTUNITY Aar,'0 RAMSEY SOIL AND WATER CONSERVATION DISTRICT Mid-America Bank Building • 1827 North Soint Paul Rood • Maplewood, Minnesota 55109 Telephone 1612 777-0127 MINNESOTA lin& SOIL AND WATER CONSERVATION DISTRICTS Juane 22, 1981 To: Supervisors of Ramsey Soil and Water Conservation District Subject: Review of the Preliminary Plat Nbuands View Square for Robert Eigenheer, Owner and Developer. I. Introduction The proposed plat is located in Mounds View at the corner of County Road I and Edgewood Drive. Specifically the SW4 of southeast 34 of southwest of Section 5, TWN. 30, R23. This report inventories and evaluates the ex sting soil and water resources of the area. Where necessary suggestions are made as to how development • maybe more suitably accommodated. II. Inventory and Evaluation of Soils Zimmermml loamy fine sand 0-6% slope. This is a level to gently sloping excessively drained soil. It is found on convex knolls and side slopes of glacial outwash plains. The typical pedon consists of a surface layer 9 inches thick which is a dark grayish brown loamy fine sand. The subsurface layer is a grayish brawn loamy fine sand 6 inches thick. Underlying layers are stratified light yellowish brown to dark brown fine sands. Some areas may have a strata of medium coarse material in the underlying layers. Included in this mapping unit are small areas of moderate to poorly drained Limo soils and very poorly drained Isanti soils. The Isanti and Lino soils occur in law and depressional areas. The Zimmerman soil has rapid permeability, very slaw surface runoff and the available water capacity is low. Natural fertility is law as is organic matter content. The Zimmerman soil is well suited to building site develop- sent. Structural supportability is very good. During excavation, precaution- ary measures must be taken to prevent sidewall cave in. This is a severe problem due to the non-cohesive=ness of the sandy texture soil material. Due to excessive perk rates, this soil is poorly suited for septic systems. Zimmerman soils, when exposed, will be very prone to erode by wind action. It will be necessary to stabilize these soils as soon as possible following • rough grading. Suggestions of stabilization procedures are listed in Appendix. The seasonal high water table is below six feet of the surface. Lawns and shrubs will be difficult to establish and maintain due to low natural fertility and the sandy texture. AN EQUAL OPPORTUNITY EMPLOYER 6/22/81 - Mcnndsview Square -2- Lino urban land complex plex 0-370 slope. • This is a level to very gently sloping soil complex found on glacial outwash plains. It consists of urban lands and the somewhat poorly drained Lino soils. The typical pedon will have a dark grayish brown loamy fine sand surface layer about nine inches thick. The subsurface soil is approximately 27 inches thick with a pale brown, mottled loamy fine sand top layer and a light brownish gray mottled find sand lower layer. Mottling is an indication of a high water table saturating the soils most of the year. Permeability of the Lino soils is rapid. The available water capacity is low due to the rapid permeability. Natural fertility and organic matter content is law. The seasonal high water table is between 2 and 4 feet below the surface. The Lino soils are fairly suitable for building site development; wetness due to the high water table is a problem though. Where possible, buildings should not have basements. If basements are constructed, it will be necessary to tile drain and waterproof foundations. Lino soils are moderately susceptible to frost heave; thus, streets and sidewalks should be designed to compensate this action. Lawns, trees and shrubs will be difficult to establish due to the low fertility and high water table. Seelyeville muck. This soil is generally level and very poorly drained. It occurs in bogs an plane or slightly concave side slopes within glacial outwash plains or moraines. This soil is subject to flooding from runoff off of adjacent • steeper mineral soils. The typical pedon consists of a surface layer which is black muck about 7 inches. The middle layer is stratified dark brown to black mucky peat 36 inches deep. The bottom layer is very dark brown muck. The Seelyeville soil has moderately rapid permeability; available water capacity is very high; runoff is very slow; organic matter is very high and natural fertility is low. The water table is generally between the surface and two feet below. . This soil is poorly suited to building site development because organic soils are very subject to frost heave, flooding, poor struc- tural stability and high water table. It is not advisable to build in organic soil areas. Water Resources The major water resource of the proposed plat is a wetland and its varying habitats located at the sites northwest quarter. This wetland area is part of a larger wetland system approximately 10.3 acres in size. The direct drainage area to this wetland is 134.1 acres. The outlet to this wetland is a ditch system to Rice Creek located to the east. On site inspection indicated the water table between the 904 and 902 contours as lying between 1 and 3 feet below the surface. III. Sugary and Recommendations 1. Exposed soils should be stabilized as soon as possible following rough grading. Recommendations for vegetative stabilization are given in Appendix. 6/22/81 - MMundsview Square -3- III. Summary and Recommendations continued 2. When developing in organic soils all organic matter should be removed and replaced with suitable mineral fill. This mineral should be allowed to settle at least one year prior to building to insure stability. 3. To insure vegetative proliferation and longevity the existing soils should have loamy textured soil and organic materials incorporated into then to a minimum depth of six inches. 4. Flood elevations and high water table levels on Lots 16-19 and portions of Pinewood Circle should be evaluated to properly locate or preclude structures prior to development. 5. All or portions of Lots 16-19 and Pinewood Circle lie within landscapes exhibiting wetland type habitats. Development and placement of structures should coincide with city land use management plans and policies. 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