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Home My WebLink AboutAgenda Packets - 2008/04/14CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 14, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing, Consideration of Resolution 7254, An Interim Use Permit for a Temporary Tent at Moe’s Restaurant, 2400 County Highway 10. B. 7:10 pm Public Hearing Resolution 7258 Consider an On-Sale Intoxicating Liquor License and Restaurant License located at 2400 County Road H2 for Kevin Halverson and David Tulgren (d.b.a. Robert’s Sports Bar and Entertainment). C. 7:15 pm Public Hearing Second Reading and Adoption of Ordinance 803, an Ordinance Amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by Adding Language Pertaining to Private Inspections and Other Revisions (ROLL CALL VOTE) D. Resolution 7256, Consideration of Denial of a Rezoning and Final Plat for the Knollwood Place Townhome Development on County Highway 10 E. Resolution 7259, Authorizing Severance Payment for Greg Lee, Public Works Director. F. Resolution 7252 Determining Consistency with MN Statutes Section 462.356 Relating to the Proposed Conveyance to Abiding Savior Lutheran Church G. First Reading and Introduction of Ordinance 805, an Ordinance Authorizing Disposal of Land and Quit Claim Deed Conveyance to Abiding Savior Lutheran Church. H. Resolution 7255 Adopting a Calendar for the Preparation of the 2009 Budget 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7251 Authorizing Insurance Policies for the Year January 2008 through December 2008 C. Set a Public Hearing for 7:05 pm April 28, 2008 to consider Adopting a Special Assessment Levy for Abatement of Nuisance Conditions D. Resolution 7253, a Resolution Approving a Vending Contract with Royal Vending for City Hall and the Community Center E. Resolution 7260 Authorizing Purchase of Temporary Gateway Signage for County Road 10 F. Resolution 7257 Approving Amendments to the Public Works Director and Community Development Director Job Descriptions G. Resolution 7261 Approving a Quote to Resurface the Banquet Center Dance Floor 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 9, 2008, Special City Council Meeting Minutes B. March 10, 2008, Executive Session Minutes. C. March 10, 2008, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Xcel Pipeline Update 2. Review Retreat Summary Document 3. Recap of and Feedback from Redevelopment Roundtable Meeting 4. Reminder—Employee Appreciation Luncheon, May 21, 2008 5. Reminder—Town Hall Meeting, Saturday, April 19, 2008, 9:00 am – Noon C. Reports of City Attorney 12. Next Council Work Session: Monday, May 5, 2008 at 7 p.m. Next Council Meeting: Monday, April 28, 2008 at 7 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 14, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing, Consideration of Resolution 7254, An Interim Use Permit for a Temporary Tent at Moe’s Restaurant, 2400 County Highway 10. B. 7:10 pm Public Hearing Resolution 7258 Consider an On-Sale Intoxicating Liquor License and Restaurant License located at 2400 County Road H2 for Kevin Halverson and David Tulgren (d.b.a. Robert’s Sports Bar and Entertainment). C. 7:15 pm Public Hearing Second Reading and Adoption of Ordinance 803, an Ordinance Amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by Adding Language Pertaining to Private Inspections and Other Revisions (ROLL CALL VOTE) D. Resolution 7256, Consideration of Denial of a Rezoning and Final Plat for the Knollwood Place Townhome Development on County Highway 10 E. Resolution 7259, Authorizing Severance Payment for Greg Lee, Public Works Director. F. Resolution 7252 Determining Consistency with MN Statutes Section 462.356 Relating to the Proposed Conveyance to Abiding Savior Lutheran Church G. First Reading and Introduction of Ordinance 805, an Ordinance Authorizing Disposal of Land and Quit Claim Deed Conveyance to Abiding Savior Lutheran Church. H. Resolution 7255 Adopting a Calendar for the Preparation of the 2009 Budget City Council Agenda April 14, 2008 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7251 Authorizing Insurance Policies for the Year January 2008 through December 2008 C. Set a Public Hearing for 7:05 pm April 28, 2008 to consider Adopting a Special Assessment Levy for Abatement of Nuisance Conditions D. Resolution 7253, a Resolution Approving a Vending Contract with Royal Vending for City Hall and the Community Center E. Resolution 7260 Authorizing Purchase of Temporary Gateway Signage for County Road 10 F. Resolution 7257 Approving Amendments to the Public Works Director and Community Development Director Job Descriptions G. Resolution 7261 Approving a Quote to Resurface the Banquet Center Dance Floor 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 9, 2008, Special City Council Meeting Minutes B. March 10, 2008, Executive Session Minutes. C. March 10, 2008, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Xcel Pipeline Update 2. Review Retreat Summary Document 3. Recap of and Feedback from Redevelopment Roundtable Meeting 4. Reminder—Employee Appreciation Luncheon, May 21, 2008 5. Reminder—Town Hall Meeting, Saturday, April 19, 2008, 9:00 am - Noon C. Reports of City Attorney 12. Next Council Work Session: Monday, May 5, 2008 at 7 p.m. Next Council Meeting: Monday, April 28, 2008 at 7 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 14, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing, Consideration of Resolution 7254, An Interim Use Permit for a Temporary Tent at Moe’s Restaurant, 2400 County Highway 10. B. 7:10 pm Public Hearing Resolution 7258 Consider an On-Sale Intoxicating Liquor License and Restaurant License located at 2400 County Road H2 for Kevin Halverson and David Tulgren (d.b.a. Robert’s Sports Bar and Entertainment). C. 7:15 pm Public Hearing Second Reading and Adoption of Ordinance 803, an Ordinance Amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by Adding Language Pertaining to Private Inspections and Other Revisions (ROLL CALL VOTE) D. Resolution 7256, Consideration of Denial of a Rezoning and Final Plat for the Knollwood Place Townhome Development on County Highway 10 E. Resolution 7259, Authorizing Severance Payment for Greg Lee, Public Works Director. F. Resolution 7252 Determining Consistency with MN Statutes Section 462.356 Relating to the Proposed Conveyance to Abiding Savior Lutheran Church G. First Reading and Introduction of Ordinance 805, an Ordinance Authorizing Disposal of Land and Quit Claim Deed Conveyance to Abiding Savior Lutheran Church. H. Resolution 7255 Adopting a Calendar for the Preparation of the 2009 Budget City Council Agenda April 14, 2008 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7251 Authorizing Insurance Policies for the Year January 2008 through December 2008 C. Set a Public Hearing for 7:05 pm April 28, 2008 to consider Adopting a Special Assessment Levy for Abatement of Nuisance Conditions D. Resolution 7253, a Resolution Approving a Vending Contract with Royal Vending for City Hall and the Community Center E. Resolution 7260 Authorizing Purchase of Temporary Gateway Signage for County Road 10 F. Resolution 7257 Approving Amendments to the Public Works Director and Community Development Director Job Descriptions G. Resolution 7261 Approving a Quote to Resurface the Banquet Center Dance Floor 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 9, 2008, Special City Council Meeting Minutes B. March 10, 2008, Executive Session Minutes. C. March 10, 2008, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Xcel Pipeline Update 2. Review Retreat Summary Document 3. Recap of and Feedback from Redevelopment Roundtable Meeting 4. Reminder—Employee Appreciation Luncheon, May 21, 2008 5. Reminder—Town Hall Meeting, Saturday, April 19, 2008, 9:00 am - Noon C. Reports of City Attorney 12. Next Council Work Session: Monday, May 5, 2008 at 7 p.m. Next Council Meeting: Monday, April 28, 2008 at 7 p.m. Item No: 7A Meeting Date: April 14, 2008 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Interim Use Permit (IUP) Application for a Temporary Outdoor Tent at Moe’s Restaurant Introduction: In late 2006, soon after Moe’s opened their new restaurant at 2400 County Highway 10, they built a deck in order to provide outdoor seating. In the spring of 2007, they put a temporary tent on the deck in order to be able to have additional seating for the early spring holidays like St. Patrick’s Day, Easter and Mother’s Day. With the tent they are able to use the deck longer than only for the short Minnesota summer season. Temporary tents in commercial districts are allowed for up to seven days, and longer than one week requires an Interim Use Permit. An IUP allows a business to have a tent for up to 180 days per year. Moe’s may want to split the 180 days between the spring and fall each year. Discussion: The process for reviewing an interim use permit for a temporary tent is the same as if it were a conditional use permit. A public hearing will be scheduled for the City Council meeting and notices sent to property owners within 350 feet of the subject parcel. The specific requirements of the approval process are as follows: 1. The tent or membrane structure shall comply with all provisions of the Fire Code and receive annual fire and tent permits issued by the Fire Marshal. Both a fire permit and a temporary tent permit will be required each time the tent is erected. With each fire and tent permit application, the fire marshal will review the applications and conduct an inspection after the tent is set up. 2. Adequate parking to accommodate the occupancy shall be provided at a ratio of one parking space per 40 square feet of tent area. (The City Council may waive the parking requirement if it can be shown that the site has sufficient existing parking capacity.) At the time the deck was constructed, the parking requirements were reviewed and found to be adequate. This temporary tent will always be on the deck so it will not be removing additional parking spaces. 3. The tent or membrane structure shall be subject to same building setbacks as the principal building on the lot. No tent or membrane structure shall be allowed instead of or without a principal building. The tent does not encroach into any required setback area. 4. The tent or membrane structure shall be limited in size to 5,000 square feet or 10 percent of the principal buildings’ square footage, whichever is less. The tent is 1,100 square feet which is about ten percent of the restaurant floor area. Moe’s Tent Report April 14, 2008 Page 2 5. The membrane or cover shall be constructed of a durable reinforced material to withstand wind and snowloads. There have been no problems with the tent to date. The tent is not used during the heavy snow months. 6. The structure shall be anchored to the ground. The tent structure is adequately anchored to the deck. An inspection by the building official is done each time the tent is set up. 7. The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. This condition will be added to the resolution recommending approval. Moe’s does not own the tent – they rent it from a company who also does the setup and takedown. One would assume that a rental company would only be providing products that are in good condition. 8. The IUP can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the IUP. This condition also has been added to the resolution. 9. The IUP would become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership. Again, this condition has been added to the resolution. Chapter 1125 Considerations: A tent IUP application is to be reviewed similarly to a conditional use permit as articulated in Chapter 1125 of the Zoning Code. The chapter requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is listed below along with responses. Relationship with the Comprehensive Plan. The proposal to maintain an outdoor temporary tent would not be inconsistent with the comprehensive plan, which guides this parcel as a community commercial planned unit development. The Geographical Area Involved. The applicant’s property is made up of two parcels which total 1.6 acres. It is a fairly flat site that abuts the movie theater parking lot and a small office building. Depreciation. There should be no depreciation to the subject property or surrounding properties as a result of the tent’s existence. The tent is only used for part of the year, and is completely removed from the deck when not in use. Moe’s Tent Report April 14, 2008 Page 3 The Character of the Surrounding Area. The site is prominently located at the corner of County Highway 10 and County Road H2. The tent is located on the northeast side of the building which faces County Highway 10. This site is primarily surrounded by commercial land uses – office building, movie theater, bar and restaurant. There are some residential homes across County Highway 10 and County Road H2 from Moe’s. The deck and tent are on the opposite side of the building from the County Road H2 homes, and over 225 feet away from the homes across County Highway 10. The Demonstrated Need for Such a Use. The applicant has indicated that the tent would allow the deck to be used for a longer time period each year, and it creates additional seating for the busy Easter and Mother’s Day holidays. Summary: The Zoning Code allows temporary structures by interim use permit, in commercial districts. The tent was used a few times last year without any problems. Since the applicant intends to use the tent annually, and for longer than one week during the spring and fall, staff indicated to Moe’s that an IUP would be necessary. From a zoning perspective, all of the city code requirements are satisfied. The preference would be to have the approval be for an indefinite time period so long as the annual conditions remain satisfied. Given that there have been no problems up to this point and the fact that the resolution will contain a provision that allows for review of the IUP at any point, staff feels comfortable in recommending an open-ended approval. The Planning Commission unanimously recommended approval of this Interim Use Permit on April 2, 2008, with a 6-0 vote (Meehlhause absent). Deadline for Action: This application was accepted on March 19, 2008 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action for this request is May 18, 2008. Recommendation: Hold the public hearing and review the request for the Interim Use Permit. Based on staff’s review and the Planning Commission’s recommendation of approval, Resolution 7054 approving the IUP has been prepared and is available for the Council’s action. If additional information is necessary before action can occur, a tabling motion would be in order. Heidi Heller Planning Associate Attachments 1. Planning Application 2. Zoning Map 3. Aerial View 4. Photographic Documentation 5. Planning Commission Resolution 883-08 6. City Council Resolution 7254 Zoning Map MOE’S Parking-Restaurant COUNTY ROAD H2 Aerial View Tent/Deck location Photographic Documentation Tent set up on Moe’s deck Photo taken from across Cty Hwy 10 in Walgreen’s parking lot MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 883-08 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A TEMPORARY TENT AT MOE’S RESTAURANT LOCATED AT 2400 COUNTY HIGHWAY 10; PLANNING CASE NO. IU2008-001 WHEREAS, Jeff Moritko, owner of Moe’s, has applied for an interim use permit for a temporary tent at Moe’s restaurant, located at 2400 County Highway 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and has a Comprehensive Plan future Land Use Map designation of Community Commercial; and, WHEREAS, the Mounds View Zoning Code allows temporary outdoor tents in commercial districts by interim use permit; and, WHEREAS, the Mounds View Staff and the Planning Commission have reviewed the zoning requirements associated with temporary tents in commercial districts, and finds that all conditions are satisfied by this request. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan. 2. The request is consistent with the Mounds View Zoning Code. 3. The size of the structure is within permitted allowances and complies with setback provisions. 4. There have been no complaints filed regarding the use of the tent in the previous year. 5. The applicant has sufficiently demonstrated that a need exists for the temporary outdoor tent. 6. The site has adequate parking area available to satisfy the demands of the temporary tent. Resolution 883-08 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the interim use permit for an outdoor temporary tent with conditions as follows: 1. The tent or membrane structure shall comply with all provisions of the Fire Code and the applicant shall apply for and receive fire permits issued by the Fire Marshal and receive a satisfactory inspection each time the tent is erected. 2. The temporary tent may be erected on the deck for a maximum of 180 days in a calendar year. This is IUP is valid only for a tent to be located on the deck. 3. The tent framework and membrane covering shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. 4. The interim use permit can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the permit. 5. The interim use permit will become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership. BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends that the permit approval shall remain in force indefinitely so long as the conditions above and those of the Zoning Code remain satisfied. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 2nd day of April, 2008. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson, Community Development Director (SEAL) RESOLUTION NO. 7254 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY OUTDOOR TENT AT MOE’S RESTAURANT, LOCATED AT 2400 COUNTY HIGHWAY 10; PLANNING CASE NO. IU2008-001 WHEREAS, Jeff Mortiko, owner of Moe’s, has applied for an interim use permit for a temporary outdoor tent at Moe’s Restaurant, located at 2400 County Road 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and has a Comprehensive Plan future Land Use Map designation of Highway Commercial; and, WHEREAS, the Mounds View Zoning Code allows temporary outdoor tents in commercial districts by interim use permit; and, WHEREAS, the proposal satisfies all interim use permit and zoning requirements associated with temporary tents in commercial districts. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The request is not inconsistent with the Mounds View Comprehensive Plan. 2. The request is consistent with the Mounds View Zoning Code. 3. The size of the structure is within permitted allowances and complies with setback provisions. 4. There have been no complaints filed regarding the use of the tent in the previous year. 5. The applicant has sufficiently demonstrated that a need exists for the temporary outdoor tent. 6. The site has adequate parking area available to satisfy the demands of the temporary structure. 7. The Mounds View Planning Commission has adopted Resolution 883-08 in support of the application. Resolution 7254 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council approves the interim use permit for an outdoor temporary tent with conditions as follows: 1. The tent or membrane structure shall comply with all provisions of the Fire Code and the applicant shall apply for and receive annual fire permits issued by the Fire Marshal and receive a satisfactory inspection. 2. The duration the tent may remain erected cannot exceed 180 days in a calendar year. The 180 days do not have to be consecutive. 3. The tent framework and membrane covering shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. 4. The interim use permit can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the permit. 5. The interim use permit will become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership. Adopted this 14th day of April, 2008. _____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ James Ericson, City Clerk-Administrator (SEAL) Item No. 07B Type of Business: PH & CB Meeting Date: April 14, 2008 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Public Hearing to Consider Resolution 7258, a Resolution to Consider an On-Sale Intoxicating Liquor and Restaurant Business Licenses for Kevin Halverson and David Tulgren to do business as Robert’s Sports Bar and Entertainment located at 2400 County Road H2 In accordance with Section 502.08 of the Mounds View City Code, a public hearing is required for all liquor licenses. 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. The City of Mounds View issued an intoxicating liquor license to Greg Waste, former owner of Robert’s Sports Bar and Entertainment, in June of 2007. On July 16, 2007, Robert’s Sports Bar and Entertainment closed its doors. Soon after their closing, the City suspended Mr. Waste’s On-Sale Intoxicating Liquor License due to non-payment of property taxes and expiration of their Liquor Liability Insurance Certificate. Mr. Kevin Halverson and Mr. David Tulgren are seriously considering purchasing Robert’s Sports Bar and Entertainment and have signed a purchase agreement with the realtor (purchase agreement is on file). Their purchase of the property is contingent on receiving approval of their liquor license and restaurant license with the City. Mr. Halverson and Mr. Tulgren have submitted their liquor license and restaurant license application materials and the applicable fees. They also submitted a Liquor Liability Insurance Certificate as required by the City Code. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Mr. Halverson and Mr. Tulgren have indicated to Staff that the establishment will remain as Robert’s Sports Bar and Entertainment. Property taxes on this property are current. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Robert’s Sports Bar and Entertainment. However, there have been noise complaints at 2400 County Road H2 in past years. Staff received a favorable background check on Mr. Halverson and Mr. Tulgren from the Minnesota Department of Criminal Apprehension. Utility Billing Inquiry (City of Mounds View) No outstanding utility bills. Fire Inspection (City of Mounds View Fire Marshal) Robert’s Sports Bar and Entertainment has not had a fire inspection for this year. This liquor and restaurant licenses will not be issued unless the Mounds Fire Marshal issues a satisfactory fire inspection. The new owners did meet with the Fire Marshal and are working with the Fire Marshal to ensure fire code compliance. Recommendation Staff recommends that the City Council to open the Public Hearing for public comment. Staff recommends approving Robert’s Sports Bar and Entertainment’s application for an On Sale Intoxicating Liquor License and Restaurant License pending a satisfactory fire inspection from the Mounds View Fire Marshal. The time period for this license will be April 15, 2008 to June 30, 2008. Respectfully Submitted, Desaree Crane RESOLUTION 7258 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution to Consider an On-Sale Intoxicating Liquor and Restaurant Business Licenses for Kevin Halverson and David Tulgren to do business as Robert’s Sports Bar and Entertainment located at 2400 County Road H2 WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, Mr. Halverson and Mr. Tulgren have submitted their city liquor license and restaurant license application materials and the applicable fees for Robert’s Sports Bar and Entertainment; and WHEREAS, staff recommends approval of Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License and Restaurant License pending a satisfactory fire inspection from the Mounds View Fire Marshal. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor and Restaurant Licenses for Kevin Halverson and David Tulgren to do business as Robert’s Sports Bar and Entertainment for the time period of April 15, 2008 to June 30, 2008, pending a satisfactory fire inspection from the Mounds View Fire Marshal. Adopted this 14th day of April, 2008. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Item No. 7C Meeting Date: April 14, 2008 Type of Business: PH & CB City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk - Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 803, an Ordinance Amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by Adding Language Pertaining to Private Inspections and Other Revisions Background: In recent months there have been legal challenges to selected Minnesota Cities that require City access to private property for various reasons. Discussion: In light of these legal challenges, Staff requested the City’s legal counsel to review various chapters of the City code that would require City access to private property. The City’s legal counsel is recommending an amendment to City Code that would allow property owners the option to hire private licensed contractors to perform activities within their property that historically was performed by City Staff. The introduction and first reading of proposed Ordinance 803 was considered by the City Council on March 24, 2008. The City Attorney answered some questions regarding the construction of the ordinance and the language proposed, he did not recommend any changes and the Council approved the first reading as presented. Recommendation: Staff recommends the City Council consider the second reading and adoption of Ordinance 803, an ordinance amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by adding language pertaining to private inspections and other revisions regarding access and right of entry. Staff also seeks Council consent to publish a summary of the ordinance in lieu of the complete ordinance, consistent with the City Charter. Approval is by Roll Call Vote. Respectfully Submitted, Jim Ericson, Clerk - Administrator 1 ORDINANCE NO. 803 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 AND CHAPTER 907 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE PERTAINING TO PRIVATE INSPECTIONS AND OTHER REQUIREMENTS OF THE WATER AND SANITARY SEWER SYSTEMS SECTION 1. The City Council of the City of Mounds View hereby amends Title 900, Section 906.04, Subd. 2(d) of the Mounds View Municipal Code by adding the underlined material as follows: d. All water meters hereafter installed shall be accessible to the Clerk- Administrator or a designee at any reasonable hour of any business day, and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after notice shall constitute a violation of this Chapter. Individual property owners may request the opportunity to hire a private licensed plumber to install the water meter or otherwise perform work to the water meter required by the Municipality. Any property owner requesting this option must do so in writing to the Clerk-Administrator at least 48 hours prior to the scheduled installation or maintenance of the water meter. The private plumber must be duly licensed prior to performing any work on the water meter. After installation or maintenance of the water meter, the licensed private plumber must submit a report to the Municipality showing compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees. SECTION 2. The City Council of the City of Mounds View hereby amends Title 900, Section 906.10 of the Mounds View Municipal Code by adding the underlined material as follows: 906.10 RIGHT OF ENTRY: The Municipality, represented by an authorized employee or agent, shall have the right to enter and be admitted to any lands and property in the Municipality for the purpose of inspection of materials, plumbing work and fixtures of all kinds by or in connection with the water and sewer system. Individual property owners may request the opportunity to hire a private licensed plumber to inspect plumbing work and fixtures as required by the Municipality. Any property owner requesting this option must do so in writing to the Clerk-Administrator at least 48 hours prior to the scheduled Municipal inspection. The private plumber must be duly licensed. The licensed private plumber must submit a report to the Municipality detailing all work performed and demonstrating compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees. 2 SECTION 3. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subd. 2 of the Mounds View Municipal Code by deleting the stricken material and adding the underlined material as follows: Subd. 2. Disconnection: Before November 1, 2004, any Any person, firm or corporation having a roof, surface, ground, sump pump, footing, or air conditioning unit or system now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same by November 1, 2004. Any disconnects or openings in the sanitary sewer shall require a plumbing permit and must be closed or repaired in an effective manner as approved by the City Building Inspector. SECTION 4. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subd. 3 of the Mounds View Municipal Code by deleting the stricken material and adding the underlined material as follows: Subd. 3. Inspection: Every person owning improved real estate that discharges into the City’s sanitary sewer system shall allow for inspections of an employee of the City of Mounds View or their designated representative(s) to inspect the building(s) located on said property to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Said inspections may be conducted by employees or designated representatives of the City of Mounds View, or, if the property owner so chooses, by a licensed plumber hired by the property owner. Any person refusing to allow their property to be inspected within fourteen (14) days of the date City employee(s) or their designated representative(s) are denied admittance to the property, must either hire a licensed plumber to inspect the property and submit the licensed plumber’s report within thirty (30) days of the date the City employee(s) or their designated representative(s) were denied admittance to the property, or shall become subject to the surcharge hereinafter provided for. The City may also obtain an administrative search warrant in order to enter the property to inspect any discharge into the sanitary sewer system and to determine compliance with this Code. Any owner of a property found to be discharging storm water into the City sewer system, either directly or indirectly shall make the necessary changes and furnish proof of the changes to the City by November 1, 2004 within 60 days of the finding of noncompliance, unless such other time is agreed to by the City, in order to comply with this Code the Ordinance. 3 SECTION 5. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subdivisions 5-7 of the Mounds View Municipal Code by deleting the stricken language and adding the underlined material as follows: Subd. 5. Incentive: There are a number of methods to dispose of sump effluent. These include pumping the water into a cistern or discharging it within the property. Any property which has an existing illegal connection may apply for City financial assistance by requesting a City Inspector to verify the illegal connection, have the repair completion verified and submit a receipt(s) for labor and/or materials (self-help labor rate valued at one hundred dollars ($100.00) for the complete job). Upon verification of the corrective action and costs, the City will remit to the property owner one- half (1/2) of the cost to correct the illegal connection to a maximum of three hundred dollars ($300.00) per installation. The property owner may petition the City to abate the illegal connection and assess the property owners the cost for the corrective work over a three (3) year period. This incentive program is in effect until November 1, 2004. Subd. 6. Surcharge: A surcharge of seventy five dollars ($75.00) per quarter shall be imposed and added to every sewer billing mailed on and after January 1, 2005 to property owners that are not in compliance with this Section. The surcharge shall be added for the entire quarter until the property is in compliance. Subd. 6 7. Penalties: Any violation of this Section is a misdemeanor and is subject to penalties provided for such violations under provision of Chapter 702 of this Code. SECTION 6. The City Council of the City of Mounds View hereby amends Title 900, Section 907.10 of the Mounds View Municipal Code by adding the underlined material as follows: 907.10 RIGHT OF ENTRY: The Building Inspector and other duly authorized employees of Mounds View, bearing proper credentials and identification, shall, at reasonable times, be permitted to enter upon all properties connected to the Municipal sanitary sewer system for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the Municipal sanitary sewer system. Individual property owners may request the opportunity to hire a private licensed plumber to inspect, observe, measure, sample and test as required by the Municipality. Any property owner requesting this option must do so in writing to the Clerk-Administrator at least 48 hours prior to the scheduled Municipal inspection. The private plumber must be duly licensed. The licensed private plumber must submit a report to the Municipality detailing all work performed and demonstrating compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees. 4 SECTION 7. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on March 24, 2008. Second Reading and Adoption by the Mounds View City Council on April 14, 2008. Publication Date: April 23, 2008. Rob Marty, Mayor Attest: ___________________________________ Jim Ericson, Clerk - Administrator (seal) 5 ORDINANCE SUMMARY ORDINANCE NO. 803 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 AND CHAPTER 907 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE PERTAINING TO PRIVATE INSPECTIONS AND OTHER REQUIREMENTS OF THE WATER AND SANITARY SEWER SYSTEMS On April 14, 2008, the Mounds View City Council adopted an ordinance which revises the City Code Chapters 906 and 907 relating to the municipal water system and the municipal sanitary sewer system regarding water and sanitary sewer inspections and the ability of property owners to hire at their own expense a private licensed plumber to inspect the water meter, the meter reader system or inspect for proper sump pump discharge from the home. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. James Ericson, Interim Clerk-Administrator Item No. 7C Meeting Date: April 14, 2008 Type of Business: PH & CB City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk - Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 803, an Ordinance Amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by Adding Language Pertaining to Private Inspections and Other Revisions Background: In recent months there have been legal challenges to selected Minnesota Cities that require City access to private property for various reasons. Discussion: In light of these legal challenges, Staff requested the City’s legal counsel to review various chapters of the City code that would require City access to private property. The City’s legal counsel is recommending an amendment to City Code that would allow property owners the option to hire private licensed contractors to perform activities within their property that historically was performed by City Staff. The introduction and first reading of proposed Ordinance 803 was considered by the City Council on March 24, 2008. The City Attorney answered some questions regarding the construction of the ordinance and the language proposed, he did not recommend any changes and the Council approved the first reading as presented. Subsequently, two revisions were made to the ordinance to remove language that could have had unintended consequences relative to plumbing permits in general and our responsibility for inspecting the work. The highlighted text in the ordinance will be removed from the final adopted version. Recommendation: Staff recommends the City Council consider the second reading and adoption of Ordinance 803, an ordinance amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by adding language pertaining to private inspections and other revisions regarding access and right of entry. Staff also seeks Council consent to publish a summary of the ordinance in lieu of the complete ordinance, consistent with the City Charter. Approval is by Roll Call Vote. Respectfully submitted, Jim Ericson, Clerk - Administrator 1 ORDINANCE NO. 803 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 AND CHAPTER 907 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE PERTAINING TO PRIVATE INSPECTIONS AND OTHER REQUIREMENTS OF THE WATER AND SANITARY SEWER SYSTEMS SECTION 1. The City Council of the City of Mounds View hereby amends Title 900, Section 906.04, Subd. 2(d) of the Mounds View Municipal Code by adding the underlined material as follows: d. All water meters hereafter installed shall be accessible to the Clerk- Administrator or a designee at any reasonable hour of any business day, and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after notice shall constitute a violation of this Chapter. Individual property owners may request the opportunity to hire a private licensed plumber to install the water meter or otherwise perform work to the water meter required by the Municipality. Any property owner requesting this option must do so in writing to the Clerk-Administrator at least 48 hours prior to the scheduled installation or maintenance of the water meter. The private plumber must be duly licensed prior to performing any work on the water meter. After installation or maintenance of the water meter, the licensed private plumber must submit a report to the Municipality showing compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees. SECTION 2. The City Council of the City of Mounds View hereby amends Title 900, Section 906.10 of the Mounds View Municipal Code by adding the underlined material as follows: 906.10 RIGHT OF ENTRY: The Municipality, represented by an authorized employee or agent, shall have the right to enter and be admitted to any lands and property in the Municipality for the purpose of inspection of materials, plumbing work and fixtures of all kinds by or in connection with the water and sewer system. Individual property owners may request the opportunity to hire a private licensed plumber to inspect plumbing work and fixtures as required by the Municipality. Any property owner requesting this option must do so in writing to the Clerk-Administrator at least 48 hours prior to the scheduled Municipal inspection. The private plumber must be duly licensed. The licensed private plumber must submit a report to the Municipality detailing all work performed and demonstrating compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees. 2 SECTION 3. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subd. 2 of the Mounds View Municipal Code by deleting the stricken material and adding the underlined material as follows: Subd. 2. Disconnection: Before November 1, 2004, any Any person, firm or corporation having a roof, surface, ground, sump pump, footing, or air conditioning unit or system now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same by November 1, 2004. Any disconnects or openings in the sanitary sewer shall require a plumbing permit and must be closed or repaired in an effective manner as approved by the City Building Inspector. SECTION 4. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subd. 3 of the Mounds View Municipal Code by deleting the stricken material and adding the underlined material as follows: Subd. 3. Inspection: Every person owning improved real estate that discharges into the City’s sanitary sewer system shall allow for inspections of an employee of the City of Mounds View or their designated representative(s) to inspect the building(s) located on said property to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Said inspections may be conducted by employees or designated representatives of the City of Mounds View, or, if the property owner so chooses, by a licensed plumber hired by the property owner. Any person refusing to allow their property to be inspected within fourteen (14) days of the date City employee(s) or their designated representative(s) are denied admittance to the property, must either hire a licensed plumber to inspect the property and submit the licensed plumber’s report within thirty (30) days of the date the City employee(s) or their designated representative(s) were denied admittance to the property, or shall become subject to the surcharge hereinafter provided for. The City may also obtain an administrative search warrant in order to enter the property to inspect any discharge into the sanitary sewer system and to determine compliance with this Code. Any owner of a property found to be discharging storm water into the City sewer system, either directly or indirectly shall make the necessary changes and furnish proof of the changes to the City by November 1, 2004 within 60 days of the finding of noncompliance, unless such other time is agreed to by the City, in order to comply with this Code the Ordinance. 3 SECTION 5. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subdivisions 5-7 of the Mounds View Municipal Code by deleting the stricken language and adding the underlined material as follows: Subd. 5. Incentive: There are a number of methods to dispose of sump effluent. These include pumping the water into a cistern or discharging it within the property. Any property which has an existing illegal connection may apply for City financial assistance by requesting a City Inspector to verify the illegal connection, have the repair completion verified and submit a receipt(s) for labor and/or materials (self-help labor rate valued at one hundred dollars ($100.00) for the complete job). Upon verification of the corrective action and costs, the City will remit to the property owner one- half (1/2) of the cost to correct the illegal connection to a maximum of three hundred dollars ($300.00) per installation. The property owner may petition the City to abate the illegal connection and assess the property owners the cost for the corrective work over a three (3) year period. This incentive program is in effect until November 1, 2004. Subd. 6. Surcharge: A surcharge of seventy five dollars ($75.00) per quarter shall be imposed and added to every sewer billing mailed on and after January 1, 2005 to property owners that are not in compliance with this Section. The surcharge shall be added for the entire quarter until the property is in compliance. Subd. 6 7. Penalties: Any violation of this Section is a misdemeanor and is subject to penalties provided for such violations under provision of Chapter 702 of this Code. SECTION 6. The City Council of the City of Mounds View hereby amends Title 900, Section 907.10 of the Mounds View Municipal Code by adding the underlined material as follows: 907.10 RIGHT OF ENTRY: The Building Inspector and other duly authorized employees of Mounds View, bearing proper credentials and identification, shall, at reasonable times, be permitted to enter upon all properties connected to the Municipal sanitary sewer system for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the Municipal sanitary sewer system. Individual property owners may request the opportunity to hire a private licensed plumber to inspect, observe, measure, sample and test as required by the Municipality. Any property owner requesting this option must do so in writing to the Clerk-Administrator at least 48 hours prior to the scheduled Municipal inspection. The private plumber must be duly licensed. The licensed private plumber must submit a report to the Municipality detailing all work performed and demonstrating compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees. 4 SECTION 7. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on March 24, 2008. Second Reading and Adoption by the Mounds View City Council on April 14, 2008. Publication Date: April 23, 2008. Rob Marty, Mayor Attest: ___________________________________ Jim Ericson, Clerk - Administrator (seal) 5 ORDINANCE SUMMARY ORDINANCE NO. 803 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 AND CHAPTER 907 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE PERTAINING TO PRIVATE INSPECTIONS AND OTHER REQUIREMENTS OF THE WATER AND SANITARY SEWER SYSTEMS On April 14, 2008, the Mounds View City Council adopted an ordinance which revises the City Code Chapters 906 and 907 relating to the municipal water system and the municipal sanitary sewer system regarding water and sanitary sewer inspections and the ability of property owners to hire at their own expense a private licensed plumber to inspect the water meter, the meter reader system or inspect for proper sump pump discharge from the home. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. James Ericson, Interim Clerk-Administrator Item No:7D Meeting Date: April 14, 2008 Type of Business: Action Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Denial for the Final Plat and Rezoning of the “Knollwood Place” Townhouse Development; Planning Cases DE2006-005, MA2006-003 and ZC2006- 001 Introduction: Integra Homes, represented by owner Ron Lillestrand, submitted a rezoning request in July 2006, and a major subdivision and development review for a 19-unit townhouse development in December 2006. At this time, the applicant has not submitted all the required documents to complete any of his planning requests, and the cases have been on hold since December 2006. Background: The City preliminarily approved Integra Homes’ request for a rezoning of their three lots to R- 3, Medium Density Residential, holding a first reading of the rezoning ordinance in July 2006. The second and final reading of the ordinance was to be done only after the final plat approval. This would prevent the possibility of the properties being rezoned without an approved development project. The preliminary plat was approved by Council in December 2006, with a requirement of final plat application within six months. In May 2007, Integra submitted some of the required information – enough that staff allowed Integra additional time to make corrections and submit the remaining required documents. The final plat application has not yet been “accepted” by the City since there are still quite a bit of changes and additional information yet to be submitted. Current Status of the Planning Cases: Staff has maintained contact with the applicant, met with him in December 2007, and several times sent a letter to remind him that he needs to move forward and finalize his planning cases. Each time staff has spoken with Mr. Lillestrand, he has indicated that he still intends to do this project, but has been waiting since the housing market has now declined. While that is true, staff has indicated that he does not necessarily need to build anything right away, but he must complete the planning process that was started almost two years ago. Since it has now been over a year since the preliminary plat was approved, staff felt that a deadline was necessary in order to finalize these cases. Integra Homes Report April 14, 2008 Page 2 After the December 2007 meeting with Mr. Lillestrand, he was told that he must have all remaining required information submitted by February 29, 2008, or staff would move forward with a recommended denial of his requests. A letter was sent to Mr. Lillestrand indicating what information was required from him and stating the February deadline. At the end of February, staff received a call from Mr. Lillestrand saying that he had been ill and asked for more time. Staff gave him a new deadline of March 31, 2008. Staff is aware that he has been working to get the required information put together, but again the March deadline passed without anything submitted. As with all development reviews and major subdivisions, the city incurs additional fees from the City Attorney and engineering consultant, which the applicant is responsible for. Mr. Lillestrand has been sent many invoices for these fees, and none have been paid to date. The unpaid plan review fees presently amount to $7110.60. Past utility bills are also owed for one of the lots. The older utility bills have now been assessed to the property, but the new bills continue to remain unpaid. Recommendation: At this time, since the final plat application remains incomplete, staff is recommending denial of all of the planning requests by Mr. Lillestrand – a rezoning, major subdivision and development review. After taking testimony from staff and the applicant, the Council may take one of the following actions related to the request: 1. Approve Resolution 7256, denying the rezoning, major subdivision and development review for the Knollwood Place townhome project. This resolution is attached if the Council chooses this action. 2. The Council may decide to not take any action at this time and allow the applicant more time to complete the final plat submittal. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial View 3. Preliminary Plat 4. City Council Resolution 7256 Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View S p r I n g L a k e R d G r o v e l a n d R d Preliminary Plat RESOLUTION NO. 7256 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A REZONING, MAJOR SUBDIVISION AND DEVELOPMENT REVIEW FOR THE “KNOLLWOOD PLACE” DEVELOPMENT, LOCATED AT 2901 & 2925 COUNTY ROAD 10, AND THE WEST HALF OF 8060 GROVELAND ROAD, MOUNDS VIEW PLANNING CASE NOS. ZC2006-001, DE2006-005 AND MA2006-003 WHEREAS, Integra Homes, Inc. (“Integra Homes”) requested approval of a rezoning, major subdivision and development review for the “Knollwood Place” townhome development on land located north of County Road 10 legally-described as follows: The South 135 feet of Lot 47, Auditors Subdivision No. 89 except the East 187 feet thereof; And, Lot 8, Block 3, Sherwood Estates; And, Parcel 1: Lot 50, Auditor’s Subdivision No. 89, Ramsey County, Minnesota, Except that part which lies Southwesterly of a line run parallel with and distant 100 feet Northeasterly of the Southwesterly boundary of said Lot 50, the said excepted part of the above described property, the Southwesterly 100 feet has been taken by the State of Minnesota for public Highway purposes, also except that part described as follows: Commencing at the Northwest corner of said Lot 50; thence East 7 feet along the North line of said Lot 50; thence Southerly 100 feet to a point of intersection on the West line of said Lot 50; thence North along said West line of said Lot 50 to the point of commencement; Auditor’s Subdivision No. 89, Ramsey County, Minnesota. Parcel 2: All that part of Lot 32, Auditor’s Subdivision No. 89, Ramsey County, Minnesota, described as follows, to-wit: Commencing at a point on the West line of Lot 50, Auditor’s Subdivision No. 89, which point is 100 feet South of the Northwest corner of said Lot 50; thence South to a line 100 feet Northeasterly from and parallel with the Southerly line of Lot 32; thence Northwesterly on said Parallel line 32 feet; thence Northeasterly to the point of beginning, Ramsey County, Minnesota. WHEREAS, The above-described lands are zoned R-1, Single Family, and B-3, Highway Business; and, WHEREAS, Integra Homes submitted a rezoning request to rezone the three properties to R-3, Medium Density Residential, which has only had one reading of the ordinance; and Resolution 7256 Page 2 WHEREAS, the Preliminary Plat for a 19 unit townhome development was approved by City Council on December 11, 2006; and, WHEREAS, Integra Homes has not completed all of the requirements for a final plat application which had an original deadline of May 6, 2007, and was extended to February 29, 2008 and March 31, 2008, and; WHEREAS, Integra Homes has not paid the city attorney and engineering fees which were incurred by the City as a result of these planning requests, and; NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council denies the rezoning, major subdivision and development review submitted by Integra Homes, for the following reasons: 1. The applicant has not provided staff with necessary documentation and materials in support of his application. 2. The applicant failed to submit the final plat within the timeframe specified by Section 1202.07 of the Mounds View City Code. NOW, THEREFORE BE IT FURTHER RESOLVED, that despite the denial of the Knollwood Place plat, the applicant remains responsible to the City for the fees incurred in processing the requests, which as of this date totals $7110.60. NOW, BE IT FINALLY RESOLVED that the City Council directs staff to notify Ramsey County of the Knollwood Place plat denial. Adopted this 14th day of April, 2008. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ James Ericson, Clerk-Administrator (SEAL Item No. 07E Type of Business: CB Meeting Date: April 14, 2008 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7259 Authorizing Severance Package for Greg Lee, Mounds View Public Works Director Background Greg Lee has resigned from the Mounds View Public Works Department effective April 4, 2008. Attached is Resolution 7259, which authorizes severance payment to Greg Lee in accordance with the Mounds View Personnel Manual. Resolution 7259 provides a payout of Mr. Lee’s vacation hours. In accordance with the Mounds View Personnel Manual, Mr. Lee is eligible for a payout of $8,041.42 for his accrued vacation hours. (181.44 vacation hours times his hourly rate of $44.32). Resolution 7259 also provides for a payout of Mr. Lee’s sick time. In accordance with the Mounds View Personnel Manual, Mr. Lee is authorized a sick time payout totaling $9,662.64. This is calculated as 436.05 accrued/banked sick hours times 50% times his hourly rate of $44.32. Recommendation Staff recommends severance payment for Greg Lee in accordance with the City’s Personnel Manual. Respectfully submitted, Desaree Crane RESOLUTION NO. 7259 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR GREG LEE WHEREAS, Greg Lee has resigned from the Mounds View Administration Department effective April 4, 2008; and WHEREAS, the balance of accrued and unused vacation time is 181.44 hours as of payroll period ending April 4, 2008; and WHEREAS, the balance of accrued and unused sick leave time is 436.05 hours as of payroll period ending April 4, 2008; and WHEREAS, Greg Lee’s current rate of pay of $44.32 per hour; and WHEREAS, the maximum payout of vacation time will be 181.44 hours x $44.32 = $8,041.42; and WHEREAS, the maximum potential payout of sick time will be 436.05 hours x 50% x $44.32 = $9,662.64. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approve a one-time payout of vacation time in an amount not to exceed $8,041.42 and payout of sick time not to exceed $9,662.64. Adopted this 14th day of April, 2008. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Jim Ericson, Clerk-Administrator (seal) Item No: 7F&G Meeting Date: April 14, 2008 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: 7F. Resolution 7252 Determining Consistency with Minnesota Statutes Section 462.356 Relating to the Proposed Conveyance to Abiding Savior Lutheran Church 7G. Introduction and First reading of Ordinance 805, an ordinance Authorizing the Disposal and Conveyance of Land and by Quit Claim Deed to Abiding Savior Lutheran Church Introduction: On September 24, 2007, the Mounds View City Council approved Resolution 7159 approving the final plat associated with the Abiding Savior Addition Major Subdivision. The subdivision, requested by Abiding Savior Lutheran Church, involves property at 8184 Eastwood Road and 8211 Red Oak Drive totaling approximately 7.5 acres. The Church had submitted the subdivision application to split the home and 16,025 square feet land from the Eastwood Road parcel, attaching the remaining 34,940 square feet to the larger Church property located at 8211 Red Oak Drive. After the Church submitted the plat to Ramsey County for recordation, the County contacted the City of Mounds View with questions concerning the chain of title relating to the Church property. Discussion: The City of Mounds View acquired land adjacent to the church (Lots 3 and 4, Block 1, Flink Addition) for the construction of Ardan Avenue in 1965. After the road was constructed, the City vacated its interest in the excess Flink land (the south 32.5 feet) by resolution in 1970. In 1972, deeds were filed which transferred ownership of the excess Flink land from Adolph and Laura Flink and Dalberg Builders, Inc. to Abiding Savior. Since that time, Abiding Savior has used that land as its own and is represented in the 2007 plat. The problem however lies in the 1970 action which authorized the vacation of the south 32.5 feet of the Flink lots, the land remaining and considered excess subsequent to the construction of Ardan Avenue. According to Minnesota law, when a city vacates a public right of way or easement, the ownership and control of the land reverts back to the underlying property owner, which in 1970 was the City of Mounds View, by virtue of its 1965 acquisition. While the City does not dispute ownership, there is no documentation on file to verify or validate any transfer of land from the City to the Flinks and/or Dalberg Builders, Inc. Abiding Savior Report April 14, 2008 Page 2 Recommendation: The County as well as the City Attorney recommends City Council adoption of a quit claim deed (QCD) to formally transfer any ownership rights the City may have or may have had to the Church. The City does not believe it owns this land and holds no claim to the indicated land, and does not dispute the intent behind the 1970 action to release its interest in the land. Approving the QCD will close the gap in the chain of title and satisfy the County’s concern over the ambiguous ownership of this strip of land. The actions necessary at this point to effectuate the conveyance (or possible reconveyance, as it were) include adopting Resolution 7252, a resolution determining sufficiency with MN Statutes Section 462.356 and Ordinance 805, an ordinance authorizing the disposal of land via quit claim deed to Abiding Savior Lutheran Church. The purpose of the resolution is to document the City Council’s decision to dispense with the Planning Commission’s review of the proposed disposal for consistency with the Comprehensive Plan by approving a finding that in the City Council’s judgment, the proposed conveyance has no relation to the comprehensive municipal plan of the City. Staff recommends approval of Resolution 7252 and recommends approval of the introduction and first reading of Ordinance 805 as presented. Please feel free to contact me should you have any questions about this request. _____________________________________ James Ericson Clerk - Administrator Attachments. 1. Zoning Map 2. Aerial Map 3. Final Plat Snapshot 4. Resolution 7252 5. Ordinance 805 6. Quit Claim Deed Zoning Map Abiding Savior Church Aerial Map 8184 Eastwood Road 8211 Red Oak Drive Church Building Abiding Savior Addition Plat Snapshots Abiding Savior Lutheran Church Area to be conveyed via Quit Claim Deed RESOLUTION 7252 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DETERMINING CONSISTENCY WITH MINNESOTA STATUTES SECTION 462.356 RELATING TO THE PROPOSED CONVEYANCE OF LAND TO ABIDING SAVIOR LUTHERAN CHURCH WHEREAS, the Mounds View City Council approved the Abiding Savior Addition final plat on September 24, 2007; and, WHEREAS, Ramsey County rejected the filing of the Abiding Savior Addition plat due to ambiguous ownership records and a gap in the chain of title for a narrow strip of land at the northwest corner thereof, legally described as follows: The South 32.5 feet of Lots 3 and 4, Block 1, Flink Addition, together with that part of the vacated portion of Sunnyside Drive as described in Resolution No. 490, dated June 22, 1970, filed of record as Document No. 1843534 and the Notice of Completion of Vacation dated June 29, 1970, filed Book 2378, page 223. WHEREAS, the Mounds View City Council in 1970 vacated its interest in the subject strip of land and in 1972 Abiding Savior Lutheran Church acquired said land; and, WHEREAS, to eliminate and resolve any ambiguity associated with the ownership of the strip of land, the City has been asked to dispose of and convey any potential interest in the subject land by quit claim deed; and, WHEREAS, Minnesota Statutes Section 462.356 Subd 2 requires that the Planning Commission review any disposal of land in the context of the Comprehensive Plan and determine whether such disposal is consistent with said plan, unless the City Council dispenses with such review by finding that the disposal has no relation to the Comp Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council finds that the disposal of the above-described land and conveyance to Abiding Savior Lutheran Church by Quit Claim Deed has no relation to the Comprehensive Plan and thus dispenses with the requirement for Planning Commission review, consistent with Minnesota Statutes Section 462.356 Subd 2. Adopted this 14th day of April, 2008. ________________________________ Rob Marty, Mayor ATTEST: ____________________________ Jim Ericson, Clerk - Administrator (SEAL) ORDINANCE NO. 805 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AUTHORIZING DISPOSAL BY SALE OF REAL PROPERTY OWNED BY CITY THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix D of the Mounds View Municipal Code entitled “’Special Ordinances” is hereby amended to include reference to the following Ordinance No. 805. Subdivision 1. The City of Mounds View owns a parcel of land in Ramsey County, Minnesota, the legal description of the property (hereinafter referred to as “the Property”) being as follows: The South 32.5 feet of Lots 3 and 4, Block 1, Flink Addition, together with that part of the vacated portion of Sunnyside Drive as described in Resolution No. 490, dated June 22, 1970, filed of record as Document No. 1843534 and the Notice of Completion of Vacation dated June 29, 1970, filed Book 2378, page 223. Subdivision 2. The City passed Resolution No. 490 in 1970 (“Resolution”) that purported to vacate the Property. The Resolution has been deemed to be inadequate or inappropriate to convey said Property to subsequent landowners by Ramsey County based upon Ramsey County’s review of the plat of Abiding Savior Addition. In order to correct a title defect as to the conveyance of the Property, the City desires to properly convey the Property to Abiding Savior Lutheran Church, fka Spring Lake Park Lutheran Church to allow platting thereof. The City Council has determined that conveyance of the Property will further the public interest. Subdivision 3. The City Council finds that the requirements of Minnesota Statutes Section 462.356, Subdivision 2 are hereby deemed satisfied based upon the previous attempted vacation by the City of the Property that is the subject of this transaction and that the proposed conveyance of the Property to Abiding Savior Lutheran Church, fka Spring Lake Park Lutheran Church is consistent with the comprehensive municipal plan of the City, or alternatively, the City dispenses with the requirements of Minnesota Statutes Section 462.356, Subdivision 2 and finds in the City Council’s judgment that the proposed conveyance of the Property to Abiding Savior Lutheran Church, fka Spring Lake Park Lutheran Church has no relation to the comprehensive municipal plan of the City. Subdivision 4. As provided by Section 12.05 of the City Charter, the City Council authorizes conveyance of the above-referenced Property by quit claim deed in substantially the form as set forth in the attached Exhibit A which is incorporated herein by reference to Abiding Savior Lutheran Church, fka Spring Lake Park Lutheran Church. No proceeds will result from this conveyance. Ordinance 805 Page 2 SECTION 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Read by the City Council of the City of Mounds View this 14th day of April, 2008. Read and passed by the City Council of the City of Mounds View on this 28th day of April, 2008. Publication Date: _____________ _______________________________________ Rob Marty, Mayor ATTEST _______________________________________ James Ericson, Clerk-Administrator (SEAL) EXHIBIT A FORM OF QUIT CLAIM DEED Quit Claim Deed STATE DEED TAX DUE HEREON: $1.65 Total consideration for this transfer is $500.00 or less. Date: ___________________, 2008 FOR VALUABLE CONSIDERATION, City of Mounds View, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to Abiding Savior Lutheran Church, fka Spring Lake Park Lutheran Church, a non-profit corporation under the laws of Minnesota, Grantee, real property in Ramsey County, Minnesota, described as follows: The South 32.5 feet of Lots 3 and 4, Block 1, Flink Addition, together with that part of the vacated portion of Sunnyside Drive as described in Resolution No. 490, dated June 22, 1970, filed of record as Document No. 1843534 and the Notice of Completion of Vacation dated June 29, 1970, filed Book 2378, page 223. together with all hereditaments and appurtenances.  The Seller certifies that the seller does not know of any wells on the described real property.  A well disclosure certificate accompanies this document.  I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RAK) CITY OF MOUNDS VIEW By: ____________________________________ Rob Marty Its: Mayor By: ___________________________________ James Ericson Its: Clerk-Administrator STATE OF MINNESOTA COUNTY OF RAMSEY } ss: The foregoing was acknowledged before me this ______ day of _________, 2008, by Rob Marty and James Ericson, the Mayor and Clerk-Administrator, respectively, of the City of Mounds View, a municipal corporation organized under the laws of the State of Minnesota, on behalf of the municipal corporation, Grantor. ____________________________________ SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Check here if part or all of the land is Registered (Torrens)  Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Abiding Savior Lutheran Church _________________________________ _________________________________ _________________________________ This instrument drafted by: Kennedy & Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Item No. 7.H. Meeting Date: April 14, 2008 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7255 Adopting a Calendar for the Preparation of the 2009 Budget Attached is resolution 7255 which adopts a calendar for preparation of the 2009 Budget. There are several requirements in the City Charter and State Statutes that need to be met. The calendar listed many staff work start and due dates. Items in bold type are City Council meetings or actions. Resolution 7255 only lists City Council meeting dates or other dates of significance to the City Council. Many of these dates must be considered tentative since the State of Minnesota won’t notify us of their requirements until this summer. Staff will publish a copy of the calendar in the Mounds View Matters and on our web site. Respectfully Submitted, Mark Beer RESOLUTION NO. 7255 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota ADOPTING A CALENDAR FOR THE PREPARATION OF THE 2009 BUDGET WHEREAS, the City’s Charter and Code as well as State Statutes set forth various requirements for considering and adopting the City’s budget; and WHEREAS, Section 7.04 of the City Charter requires the Clerk-Administrator to submit to the City Council a budget calendar to be established by resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following budget and long tern financial plan calendar is hereby adopted: June 2, 2008 City Council discusses budget priorities at a work session. July 24, 2008 Summary of General Fund operating budget requests delivered to City Council. August 4, 2008 City Council reviews General Fund budget at work session. Sept. 8, 2008 City Council adopts preliminary 2009 property tax levy and sets date for the Truth in Taxation Public Hearing. Oct. 6, 2008 City Council reviews other funds and utility rate study at work session. Nov. 11, 2008 City Council adopts utility rates for 2009. Dec. 1, 2008 Truth in Taxation Public Hearing. Dec. 8, 2008 Continuation Hearing and adoption of 2009 budget and tax levy. Adopted April 14, 2008. ___________________________ Rob Marty, Mayor ATTEST: ___________________________ Jim Ericson, City Clerk/Administrator (SEAL) City of Mounds View 2009 Budget Calendar May 12, 2008 Finance Department begins preparing budget work papers. May 27, 2008 Departments begin preparing operating budget requests. June 2, 2008 City Council discusses budget priorities and strategies. June 20, 2008 Operating budget requests due from departments. June 30, 2008 Summary of operating budget requests due to City Administrator. June 30, 2008 Long-term capital projects needs list due. July 1-16, 2008 Administrator reviews operating budget requests and capital projects. July 24, 2008 Summary of operating budget requests due to City Council. August 4, 2008 City Council reviews General Fund budget at a work session. August 11, 2008 Work on utility rate study begins. September 8, 2008 City Council adopts preliminary 2009 property tax levy and sets date for the Truth in Taxation Public Hearing. September 25, 2008 Utility rate study due to City Council. October 6, 2008 City Council reviews other funds and utility rate study at work session. Oct 13 - Nov 17 Additional City Council work sessions as needed. November 11, 2008 City Council adopts utility rates for 2009. December 1, 2008 Truth in Taxation Public Hearing December 8, 2008 Continuation hearing and adoption of 2009 Budget and tax levy. Item No: 08A Meeting Date: April 14, 2008 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2008. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2007. The majority of the licenses are renewals, so at a minimum, they were licensed in 2007. The type of license they are applying for follows the company name. Conditioned Air, Inc. HVAC New McGuire & Son’s dba/Benjamin Franklin Plumbing HVAC New Ron’s Mechanical HVAC New Steve’s Quality Tree Service Tree Trimming/Removal New Watson’s of Minneapolis Northwest LLC Above Ground Pool Installation Renewal Staff Recommendation: Approve license applications as requested. Item No: 8.B. Meeting Date: April 14, 2008 Type of Business: Council Consent Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7251 Authorizing Insurance Policies for the Year January 1, 2008 through December 31, 2008 The attached Resolution 7251 authorizes staff to purchase insurance policies with the League of Minnesota Cities Insurance Trust and Chubb Insurance and to make payment of the premiums as they become due. The switch to a January 1 renewal date has delayed receipt of our policy from the League of Minnesota Cities Insurance Trust as there are a number of cities with the same date. The League has a difficult time processing that many applications. The cost of our property and liability policy increased by $1,677 as a result of increased rates and new buildings. Our workers’ comp premium declined by $6,701 as a result of receiving non-smoking rates for the police department and a lower experience modifier for the City as a whole. The overall affect will be a decrease of $5,059 over 2007. Staff recommends approval of resolution 7251 authorizing the purchase of insurance policies for the year January 1, 2008 through December 31, 2008. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7251 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution 7251 Authorizing Insurance Policies for the Year January 2008 through December 2008 WHEREAS, the City of Mounds View has made application for insurance policies to cover the period of January 1, 2008 through December 31, 2008 and received proposed policies from the League of Minnesota Cites Insurance Trust (LMCIT) and Chubb Insurance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View authorizes staff to purchase the following insurance policies from the LMCIT and Chubb Insurance for the period of January 1, 2008 through December 31, 2008 and to make payment of premiums as they become due: Internet Liability (Chubb) $ 2,500 Comprehensive Municipal Coverage (LCMIT) 90,898 Open Meeting Law (LCMIT) 610 Worker’s Compensation (LCMIT) 64,563 Total $158,571 Adopted this 14th Day of April 2008. ______________________________ Rob Marty, Mayor (ATTEST) ______________________________ Jim Ericson City Clerk/Administrator (SEAL) Item No. 8D Meeting Date: April 14, 2008 Type of Business: Consent Clerk - Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7253, a Resolution Approving a Contract with Royal Vending for Vending Services at the Community Center and City Hall Background: City Staff and the Community Center Staff have not been pleased with the product selection, quality and service associated with C&S Vending, the current vendor providing machines at the Community Center. There is no contract between the vendor and the City and the machines yield very little revenue for the City. There are no beverage or snack machines in City Hall Discussion: Royal Vending proposes to provide food and beverage vending machines at the Community Center and a beverage machine at City Hall. Royal Vending carries both Coca-Cola and Pepsi products. Coca-Cola does not allow any foreign products in their machines, however Pepsi will allow two foreign products in their machines. So two Coke products could be included in a Pepsi machine. Some of the Pepsi brands include Lipton, SoBe, Starbucks, Tropicana, and Gatorade. The contract with Royal Vending would be for 36 months. There is no cost to the City, and the City can collect a commission from sales at City Hall by raising the prices above those suggested. The prices suggested for the Community Center would provide a monthly payment from Royal Vending of 10% of net sales. The City Attorney has reviewed the standard contract offered by Royal and prepared an addendum to the contract which provides the City with the right to terminate the agreement for any reason with a thirty-day written notice. Royal has agreed to this amendment. Recommendation: Staff recommends approval of Resolution 7253, a resolution approving a vending agreement between the City of Mounds View and Royal Vending to provide for exclusive food and beverage vending services at the Community Center and City Hall. Royal Vending Report April 14, 2008 Page 2 Respectfully Submitted, Jim Ericson, Clerk - Administrator ADDENDUM TO ROYAL VENDING SERVICE PROMISE AGREEMENT THIS ADDENDUM TO ROYAL VENDING SERVICE PROMISE AGREEMENT is entered into on this ____ day of April, 2008, by and between the City of Mounds View, a municipal corporation under the laws of the State of Minnesota (“City”), and Royal Vending, Inc., a Minnesota corporation (“Operator”). WITNESSETH: WHEREAS, City and Operator desire to amend certain provisions of the Operator’s Royal Vending Service Promise Agreement (“Agreement”); WHEREAS, City and Operator desire to permit the City to cancel with or without cause the Agreement with thirty (30) days notice to Operator; and WHEREAS, City and Operator desire to permit City to establish guidelines for items available in Operator’s vending machines. NOW, THEREFORE, the Agreement is hereby amended as follows: 1. The first sentence of paragraph nine (9) of the Agreement shall be amended to be stated as follows: This Agreement may be cancelled by City for any reason with thirty (30) days notice to Operator. 2. The Agreement shall include a vending items suggestions paragraph as set forth below: 12. Vending Items Suggestions. At all times during the Agreement, the City shall be permitted to make suggestions to Operator on the items available for purchase from Operator’s vending machines. City’s suggestions are not limited to, but may include requests for specific types or brands of items and heart-healthy offerings. Operator agrees to respond to City’s suggestions in a timely and good faith manner. 3. With these amendments, City and Operator ratify and affirm the Agreement. Except as amended herein, all terms, conditions, provisions, covenants and agreements contained in the Agreement are hereby ratified and affirmed in their entirety. The terms used herein and not otherwise defined in this Addendum shall have the same meaning as set forth in the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. CITY: City of Mounds View By: Rob Marty Mayor ATTEST: By: James Ericson City Clerk-Administrator OPERATOR: Royal Vending, Inc. By: Name: Title: RESOLUTION 7253 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A VENDING CONTRACT WITH ROYAL VENDING INC TO PROVIDE FOOD AND BEVERAGE VENDING SERVICES AT THE COMMUNITY CENTER AND CITY HALL WHEREAS, the City of Mounds View has been unsatisfied with the present vendor at the Community Center; and, WHEREAS, the City desires to terminate the present arrangement and engage the services of Royal Vending, Inc. for food and beverage vending sales at City Hall and the Community Center; and, WHEREAS, the City Attorney has reviewed the proposed Agreement with Royal Vending and has suggested two revisions which have been accepted by Royal; and, WHEREAS, the Agreement with Royal Vending is for a term of 36 months with an automatic 36 month extension, however the City may terminate the Agreement at any time by giving a thirty (30) day notice to Royal Vending. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, does hereby approve a vending Agreement with Royal Vending Inc. to provide exclusive food and beverage vending services at the Mounds View Community Center and City Hall. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor and Clerk-Administrator are authorized to execute said Agreement. Adopted this 14th day of April, 2008. ____________________________________ Rob Marty, Mayor (ATTEST) ____________________________________ James Ericson, Clerk - Administrator (SEAL) Item No. 08E Meeting Date: April 14, 2008 Type of Business: Consent City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Steven Dazenski, Supervisor of Parks Department Item Title/Subject: Resolution 7260 Authorizing Purchase of Temporary Gateway Signage for County Road 10 Background: As part County Road 10 Corridor Improvement, it was recommended by the City Council to install monument signage upon entering from County Road 10 on both the East and West ends of the City. Staff was requested by the City Council to find examples of various signage and prices for this improvement project. Discussion: Staff presented various designs to the City Council at multiple meetings. Modifications were made and the City Council approved a design at the April 7 Work Session. Staff and the City Council agreed that if the signage were to be replaced in the future, the old signage could be utilized in various manners throughout the City. The signs would be made up as a 96” x 48” alumilite (3/4 inch composite material with aluminum surfacing, impervious to weather) sign panel cut to shape. In addition, staff recommends the purchase of twelve additional signs to replace current signs at various entrances into the City. These signs would be 60” x 24” and made with reflective material, with a design matching the gateway signs. Recommendation: Staff recommends that the City Council approve the purchase of the two monument signs at $460.00 each. The total for both, including tax and the 6 x 6 posts, would be about $1,000. The cost of the twelve other signs (the smaller entrance signs) would be $325.00 each, for a total of $4,153.50 (amount includes tax). The current 2008 budget (280-4180-7050) has $3,000.00 allocated for these twelve (12) signs, necessitating an increase of $1,153.50. The cost of all signs together would be about $5,200 (amount includes tax). Respectfully Submitted, Steven Dazenski, Parks Supervisor RESOLUTION NO. 7260 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PURCHASE OF TEMPORARY GATEWAY SIGNAGE FOR COUNTY ROAD 10 WHEREAS, as part County Road 10 Corridor Improvement, it was recommended by the City Council to install monument signage upon entering from County Road 10 on both the east and west ends of the City; and, WHEREAS, there are currently no gateway-entrance signs in place on County Road 10 and the other smaller entrance signs are older and in need of replacement; and, WHEREAS, staff has researched signage options and has presented numerous designs to the City Council for review and consideration. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve the purchase of two larger gateway-entryway signs and 12 smaller entrance signs at a cost not to exceed $5,200. Adopted this 14th day of April 2008. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ James Ericson, Clerk- Administrator (seal) Item No. 08F Type of Business: Consent Date: April 14, 2008 City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk - Administrator Item Title/Subject: Resolution 7257 Approving Revisions to the Community Development Director and Public Works Director Job Descriptions Date of Report: April 14, 2008 Background: Both Community Development Director and Public Works Director positions are presently vacant. When positions become vacant, it is desirable to review the job descriptions to ensure the descriptions reflect the expectations of the Council. Discussion: Staff has reviewed the job descriptions and consulted with the outgoing public works director as to the position description. The City Council reviewed these job descriptions at their worksession on April 7, 2008, and a few minor changes were considered along with correcting for some outdated information. The description for the Public Works Director was updated to more accurately reflect the responsibilities associated with parks management and maintenance. The job descriptions attached to this report incorporate all of the changes discussed at the April 7, 2008 meeting. The Council asked staff to subsequently review the descriptions and assess for consistency where appropriate. The attached descriptions reflect no further changes. Recommendation: Approve Resolution 7257 approving the Community Development Director and Public Works Director job descriptions. Respectfully submitted, _____________________ James Ericson, Clerk – Administrator RESOLUTION 7257 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING MINOR REVISIONS TO THE PUBLIC WORKS DIRECTOR AND COMMUNITY DEVELOPMENT DIRECTOR JOB DESCRIPTIONS WHEREAS, both Public Works Director and Community Development Director positions are vacant; and, WHEREAS, at such times of vacancy, it is desirable to review position descriptions to ensure the requirements accurately reflect the expectations of the Council; and, WHEREAS, on April 7, 2008, the City Council reviewed the position descriptions and suggested minor revisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, that the attached revised job descriptions for the Public Works Director and the Community Development Director are hereby approved. Adopted this 14th day of April, 2008. ____________________________________ Rob Marty, Mayor (ATTEST) ____________________________________ James Ericson, Clerk - Administrator (SEAL) CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Director of Public Works Department: Public Works Accountable to: Clerk-Administrator Status: Exempt PRIMARY OBJECTIVE OF POSITION Performs complex supervisory, administrative and professional work in planning, organizing, directing, and supervising the Public Works Department, including environmental, the water delivery system, sanitary sewer, storm sewer and surface water management, streets and infrastructure, trailways, traffic control mitigation, the public works garage and maintenance facility. and other public works projects and programs. This position also m Manages the maintenance of the Community Center, City parks Park Maintenance, and all other City owned facilities. Oversees public improvement projects and reviews, approves, and executes City, County, and State plans. Directs parks administrative activities and provides direction and support to the Parks and Recreation and Forestry Commission. SUPERVISION RECEIVED This position reports to the Clerk-Administrator. SUPERVISION EXERCISED Exercises supervision over all public works staff. ESSENTIAL DUTIES AND RESPONSIBILITIES • Plans, organizes, coordinates, supervises and evaluates programs, plans, services, staffing, equipment and infrastructure of the public works department. • Evaluates public works needs and formulates short and long range plans to meet needs in all areas of responsibility, including transportation, street, water, sewer, drainage, light and park maintenance. • Supervises the review of private project development plans for compliance with codes, regulations, and standards, adequacy of applications for permits and compliance with approved plans. • Oversees the development or update and implementation of the Streets and Utilities Infrastructure Improvement Program City Transportation Improvement Program (T.I.P.), Comprehensive Sewer Plan, Comprehensive Water Plan, the Capital Improvement Program and other plans involving the municipal infrastructure. • Determines applicable codes, regulations and requirements for assigned projects. • Oversees the preparation of engineering plans and specifications, bidding, competency of contractors and vendors and the selection criteria for public contracts. • Oversees project management for the construction of the municipal public improvement works projects. Oversees assigned projects to ensure contractor compliance with time and budget parameters for the project. • Coordinates the preparation of reviews and updates the sanitary sewer, water, storm drainage, and street system maps, data base, and comprehensive plans. • Oversees the maintenance of infrastructure and other records. • Responds to public or other inquiries relative to department policies and procedures. Evaluates issues and options regarding municipal public works and makes recommendations. • Maintains regular contact with consulting engineers, construction project engineers, City, County, State and Federal agencies, professional and technical groups and the general public regarding division activities and services. • Monitors inter-governmental actions affecting public works. • Manages the maintenance of the Community Center and all City owned facilities • Prepares and documents budget requests; administers adopted budget in assigned area of responsibility. • Manages divisional supervisors Supervises department managers and support staff either directly or through subordinates. • Determines work procedures, prepares work schedules and expedites workflow. • Issues written and oral instructions. • Assigns duties and examines work for exactness, neatness, and conformance to policies and procedures. • Studies and standardizes department policies and procedures to improve efficiency and effectiveness of operations. • Promotes a positive work environment and responds to subordinate grievances. Maintains harmony among workers and resolves grievances. • Prepares composite reports from individual reports of subordinates. • Adjusts Corrects errors and responds to complaints. PERIPHERAL DUTIES • Assists in the training of city personnel in public works systems and techniques. MINIMUM QUALIFICATIONS Education and Experience: (A) Graduation from a four-year college or university with a degree in civil engineering or a closely related field; and (B) Minimum of six years previous public works experience including at least two years utilities; (C) Four years of supervisory experience (D) Consideration may be given to any equivalent combination of education and experience (E) Certified as a Professional Engineer (PE) in the state of Minnesota DESIRED QUALIFICATIONS (A) Four-year degree in civil engineering (B) Masters degree in civil engineering or a closely related field NECESSARY KNOWLEDGE, SKILLS AND ABILITIES (A) Considerable knowledge of civil engineering principles, practices and methods as applicable to a municipal setting; thorough knowledge of applicable City policies, laws, and regulations affecting department activities; (B) Skill in operating the listed tools and equipment; (C) Ability to communicate effectively, orally and in writing, with employees, consultants, other governmental agency representatives, City officials and the general public; ability to conduct necessary engineering research and compile comprehensive reports. (D) Experience managing and overseeing streets and utilities reconstruction projects (E) Experience and knowledge of municipal water delivery and sanitary sewer systems operations SPECIAL REQUIREMENTS (A) Must possess a valid State driver's license or have the ability to obtain one prior to employment (B) Registration as a Professional Engineer in the state of Minnesota TOOLS AND EQUIPMENT USED Personal computer, including word processing, spreadsheet, and data base; motor vehicle; phone; radio; fax and copy machine. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments, construction sites, or public works facilities. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee occasionally works near moving mechanical parts and in high, precarious places and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock, and vibration. The noise level in the work environment is usually quiet to moderate. Situations may occur where the employee is dealing with people who are angry, upset or belligerent. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: ______________________ Approval: ____________________ Clerk - Administrator Mayor Effective Date: Revision History: 042006 (Reviewed) 9/01 (732 Hay pts) 6/97 1995 ADA CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title Community Development Director Department: Community Development Accountable To: Clerk-Administrator Status: Exempt PRIMARY OBJECTIVE OF POSITION To strengthen the overall health and vitality of the City of Mounds View through developing, managing and evaluating community development programs, including planning, development review, economic development and redevelopment, housing rehabilitation and inspection, building plan review and inspection, and code enforcement. SUPERVISION RECEIVED Works under the general guidance and direction of the Clerk-Administrator. SUPERVISION EXERCISED Exercises supervision over all community development staff. ESSENTIAL DUTIES AND RESPONSIBILITIES • Manages and directs the operations of the Community Development Department. Initiates, develops and administers community development programs and services pursuant to policy direction from City Council and the Clerk-Administrator, adopted plans, regulations and budgets. • Provides professional planning and economic and housing development advice and consultation to elected and appointed officials, developers and citizens; makes presentations to City Council, boards, commissions, civic groups and the general public. Department Operations Manages and supervises community development operations to achieve goals within available resources; plans and organizes workloads and staff assignments; trains, develops, motivates and evaluates assigned staff; reviews progress and directs changes as needed. • Assures that assigned areas of responsibility are performed within budget; monitors revenues and expenditures in assigned areas to assure sound fiscal control; prepares annual budget requests; assures effective and efficient use of budgeted funds, personnel, materials, facilities and time. • Works in cooperation with the Finance Director to secure capital funding for community and economic development projects (e.g. federal and state grants, special bonding.) • Determines work procedures, prepares work schedules, and expedites workflow; studies and standardizes procedures to improve efficiency and effectiveness of operations. • Issues written and oral instructions; assigns duties and examines work for thoroughness, accuracy, and conformance to policies and procedures. Conducts staff training sessions. • Directs research efforts to secure funding resources for housing and community development projects; keeps informed of federal, state, regional and foundation development funds and programs, and their regulations. • Promotes a positive work environment and Maintains harmony among workers and responds to subordinate grievances; resolves grievances; assists subordinates in performing duties; identifies training needs and addresses staff development issues; corrects errors and responds to complaints. • Executes timely performance evaluations of community development employees. • Delegates work assignments to responsible employees as needed. Community Planning and Intergovernmental Coordination • Has thorough knowledge of the principles, practices and methods of city planning and planning administration. • Manages the development, maintenance, and adherence to the Mounds View Comprehensive Plan to insure ensure the future stability of the community. • Provides leadership and direction in the development of short and long range plans related to growth management, land use, housing, transportation, parks, trails and open space systems, public facilities, solid waste or other related issues to meet the City’s needs and the requirements of intergovernmental agreements or State legislation. • Gathers, interprets, and prepares data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed. Recommends and implements strategies needed to accomplish City community development goals. • Coordinates and schedules comprehensive plan activities with the Metropolitan Council plan, state and county planning activities, and various special jurisdictions’ planning activities. • Identifies strategic opportunities for use of tax increment financing and other resources to attract and shape development in order to strengthen the City’s economic base and overall community health; supervises and works with the City’s Economic Development Coordinator to design and implement ways to capture these opportunities. • Supervises the evaluation of land use proposals for conformity to established plans and ordinances; evaluates developmental impacts as they relate to adopted plans of the city and makes recommendations. • Monitors inter-governmental and legislative decisions affecting department operations and follows through with appropriate action. • Serves on various boards, commissions, task forces and committees as assigned. Serves as City’s representative to intergovernmental planning efforts and joint powers groups. Development Review • Supervises the development review process from submittal of rezoning, subdivision, conditional use permit and site plan applications, through analysis of project proposals, preparation of staff reports and recommendations, review of construction drawings and issuance of building permits, and building inspections. • Interprets and applies City codes, and exercises judgment in applying requirements to cases which do not fit norms. • Deals with developers, design professionals, contractors, business people, citizens, and property owners on an on-going basis. Handles controversial issues and situations related to the review of development projects. Assumes responsibility for developing alternatives and solutions to complex and difficult issues and situations. • Ensures Insures the maintenance of accurate and complete records of departmental activities related to licenses, permits, development projects and special studies, and the production of related maps and diagrams. • Interprets and applies development regulations; identifies gaps in ordinance provisions and recommends ways to address these gaps; prepares ordinance revisions for consideration by City Council. • Assures accurate collection of fees. • Has familiarity with basic engineering and building construction principles and concepts. • Acts as the arbiter when code provisions are confusing or vague. Housing & Neighborhood Improvement • Supervises the evaluation of the City’s housing stock and its neighborhoods, and the development and implementation of programs to address problems. Assembles resources and develops methods of financing to support such programs. • Assures the continuing implementation of the annual housing inspection program. Code Enforcement • Supervises the enforcement of zoning, housing, building, and nuisance codes including the receiving of complaints, field investigations, preparation of notification letters and court orders, and possible testimony in court hearings, in order to achieve code compliance. • Develops methods for dealing with chronic code violations and problem properties. PERIPHERAL DUTIES • Attends professional development workshops and conferences to keep abreast of trends and developments in the field of city planning. • Assists in designs for parks, streetscapes, landscapes and other municipal projects. MINIMUM QUALIFICATIONS Education and Experience: (A) Education from an accredited four-year college or university with a degree in land- use planning, urban planning, public administration or a closely related field; (B) A minimum of five (5) years of progressively responsible community development work; (C) Preferably a Master of Arts Degree and four (4) years of supervisory experience. (D) Municipal Experience preferred. NECESSARY KNOWLEDGE, SKILLS AND ABILITIES (A) Extensive knowledge of community development programs and process processes, and the typical operations of a community development department. Ability to use computers in accomplishing the work of the department. (B) Ability to supervise a complex set of department functions which involve several technical disciplines, and to manage a complicated work program so that demands are matched to resources and work assignments are completed in a thorough, complete manner within established time frames. Ability Able to juggle coordinate numerous projects which often have demanding requirements and tight time schedules. (C) Ability to think in a creative and strategic manner, to develop alternatives and specific program proposals designed to achieve effective results consistent with community goals. (D) Thorough knowledge of how to formulate, implement and apply comprehensive plans and special studies related to community development issues. (E) Thorough knowledge of how to develop, interpret and apply development regulations, and to conduct code enforcement activities. (F) Familiarity with the Community Development Block Grant program and other federal and state housing programs. (G) Familiarity with engineering and building construction principles and concepts. (H) Familiarity with geographic information systems, and how to utilize them in the operation of a community development department. (I) Ability to analyze situations and information, formulate alternatives, and use sound judgment in drawing conclusions and making decisions. Ability to develop a course of action and maintain momentum to reach successful conclusions in a variety of program areas. (J) Ability to communicate orally and in writing with design professionals, contractors, developers, business people, property owners, citizens, elected and appointed officials, and the general public; ability to produce effective presentations and reports including research, synthesis of information, preparing text, graphs, charts and graphics. Ability to write clearly, concisely and legibly. (K) Ability to maintain effective working relationships with the Clerk-Administrator, other department heads and staff members, Council and Commission members, citizens, property owners, developers and others. (L) Ability to follow verbal and written instructions. (M) Ability to handle stressful situations and effectively deal with difficult or angry people. SPECIAL REQUIREMENTS Must possess a valid Minnesota State Driver’s License or ability to obtain one prior to employment. TOOLS AND EQUIPMENT USED Skill in the operation of a personal computer, including the use of work processing and spreadsheet software; a motor vehicle; calculator; phone; and copy and fax machine. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. A majority of the work is performed in an office setting, with occasional visits to field sites. Sufficient mobility is necessary to navigate natural terrain and construction sites. Visual acuity sufficient to evaluate field conditions, plans and drawings is necessary, as is the ability to communicate orally in person and over the telephone. Specific vision abilities required by this job include close vision, distance, vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. While performing the duties of this job, the employee is required to sit, stand, walk, talk and hear, use hands to finger, handle, feel or operate objects, tools, or controls, and to reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 25 lbs. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee usually works in an office setting, with occasional visits to field sites. When in the field, the employee is exposed to outside weather conditions, experiencing exposure to wet and/or humid conditions, fumes or airborne particles. Situations may occur where the employee is dealing with people who are angry, upset or belligerent. The noise level in the work environment is usually moderate. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustration of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: ______________________ Approval: _________________________ Clerk - Administrator Mayor Effective Date: April 19, 1996 Revision History: 042996 (Reviewed) 11/27/00 (588 Hay pts) 6/97 4/96 Item No. 8G Meeting Date: April 14, 2008 Type of Business: CA City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Steven Dazenski, Parks Supervisor Item Title/Subject: Resolution 7261 Approving a Quote/Proposal to Resurface the Banquet Center Dance floor Background: The Mounds View Community Center, to include the banquet Facility was completed in 1998. As part of the project the City also undertook ownership of the former Bel-Rae Ballroom. The City used an existing portion of the Bel-Rae dance floor for the present banquet center. The dance floor has not been re-finished since the City took ownership and incorporated it into the present day banquet center. The banquet center and dance floor has been used at a high capacity, especially during the wedding/summer season. The dance floor is an essential part of a banquet center, differentiating itself from other local meeting centers. The banquet center has seen a steady increase in the amount of rentals, which can be attributed the marketing and advertising of the facility by the Banquet Center Coordinator. Discussion: For the 2008 budget, the banquet center floor is to be scuffed and have new urethane applied. The budget has allocated $1,000.00 for this to be done. Staff recommends completing a full resurfacing, which consists of stripping and flat sanding the whole floor before the new coat(s) of urethane is applied. While the initial cost is higher, it would ensure the longevity of the floor, as well as contribute to the beautification and appeal of the banquet center to potential clients. Since the floor has not been re-finished since the City took ownership, scuffing and applying new urethane will not correct the cracks and scratches currently on the dance floor. Below are initial quotes/proposals for a full resurfacing of the banquet center dance floor: COMPANY QUOTE/PROPOSAL Hammer Wood Floors – Anoka $5,600.00 Frank’s Floors – Brooklyn Center $5,500.00 Steve’s Floors – Roseville $5,200.00 Recommendation: Steve’s Floors in Roseville is the apparent low quote/proposal. Staff recommends that the City Council reallocate funds that are currently in the 2008 budget for the gym floor refinishing ($4,000.00 252-4732-5110) into the current dance floor refinishing fund ($1,000.00 252-4732-5110). Staff feels that the gym floor will be able to withstand another year with the current finish, but recommends that the funds should be allocated in the 2009 budget to ensure that the graphics will not have to be re-done. The rest of the funds will be taken out of the contingency fund. Respectfully Submitted, Steven Dazenski, Parks Supervisor RESOLUTION NO. 7261 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving the Purchase of a Full Resurfacing of Dance Floor at the Mounds View Community Center WHEREAS, the dance floor has not had a full resurfacing since on or about 1998; and WHEREAS, the banquet center and dance floor has been used at a high capacity, especially during the wedding/summer season; and WHEREAS, the appearance and longevity of the dance floor is imperative in the banquet centers success; and WHEREAS, since the dance floor has not been re-finished since 1998, scuffing and applying new urethane will not correct the cracks and scratches currently on the dance floor; and WHEREAS, staff recommends to invest in a full resurfacing, which consists of stripping and flat sanding the whole dance floor before the new coat(s) of urethane is applied; and WHEREAS, the City Council authorizes staff to transfer funds that are currently in the 2008 budget for the gym floor refinishing ($4,000.00 252-4732-5110) into the current dance floor refinishing fund ($1,000.00 252-4732-5110), and additional funding be transferred from the City’s contingency fund to budget number 252-4732-5110 to help cover the costs of this resurfacing. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby approve the resurfacing of the dance floor, not to exceed $5,200.00. Adopted this 14th day of April 2008. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Jim Ericson, Clerk- Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: February 9, 2008 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 10:30am 1. CALLED TO ORDER 2. ROLL CALL: Mayor Marty, Council Members Stigney, Flaherty, Hull and Mueller. 3. SPECIAL CITY COUNCIL MEETING TO CONDUCT INTERVIEWS FOR THE CLERK ADMINISTRATOR POSITION City Council interviewed three candidates for the Clerk-Administrator position, Todd Bodem, Craig Dawson and internal candidate Jim Ericson. After the interviews were completed, the City Council deliberated and offered the Clerk-Administrator position to internal candidate Jim Ericson. 3:10 pm MEETING ADJOURNED Respectfully Submitted: Desaree M. Crane Assistant City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: March 10, 2008 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 10:03pm 1. EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Marty, Council Members Stigney, Flaherty, Hull and Mueller, and Assistant City Administrator Desaree Crane. 3. EXECUTIVE SESSION TO DISCUSS CLERK-ADMINISTRATOR EMPLOYMENT CONTRACT City Council reviewed and discussed James Ericson’s employment contract proposal. 10:56 pm MEETING ADJOURNED Respectfully Submitted: Desaree M. Crane Assistant City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 March 10, 2008 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:09 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16 17 NOT PRESENT: None 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, March 10, 2008 City Council Agenda 22 23 MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 10, 2008 City Council 24 Agenda as Presented. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 Jim Batten 2332 Laporte said that he watched the work session last week and he has questions 31 about the sound wall. He then asked why it could not be done as requested and why it has to be 32 just extended. 33 34 Mayor Marty explained that, legally, Mn/DOT has to extend the wall from where it ends and 35 cannot “piece meal” the wall. 36 37 Mr. Batten asked what happens with the sound wall capabilities when the height is lowered from 38 20 feet to 15 feet. 39 40 Public Works Director Lee explained that 20 feet is not the standard height, and Mn/DOT bases 41 the height on the specific situation. Director Lee explained that Mn/DOT bases the height 42 requirement on the ability of the wall to reduce the noise level to acceptable levels. The daytime 43 decibel reading was approximately 65. 44 45 Mounds View City Council March 10, 2008 Regular Meeting Page 2 Mr. Batten indicated he is pleased to learn that getting in the 10-year plan would speed up 1 construction of the noise wall. However, he would ask that Council ensure that the City receives 2 a written agreement from Mn/DOT that the City will be reimbursed. 3 4 Brian Amundson of 3048 Wooddale Drive asked if this Council or Staff have spoken to 5 Medtronic about contributing in any way to relieve the residents from noise that they are 6 contributing to. He then asked for information on using rubber in asphalt to reduce noise. 7 8 Council Member Flaherty indicated that he had asked Public Works Director Lee to discuss 9 contributing toward the sound wall with Medtronic. 10 11 Director Lee indicated that he has not contacted Medtronic to discuss funding the sound wall. 12 13 Interim Clerk Administrator Ericson indicated that Staff has discussed the sound wall and noise 14 issues with Medtronic in the past, and their response has been that they contribute to the City in a 15 lot of ways. He then said that he would be willing to discuss this with Medtronic again to ask for 16 a contribution toward mitigating the sound issue. 17 18 Director Lee explained that there is a technique of imbedding rubber into asphalt to reduce road 19 noise. He then said that he would look into the specifics with Mn/DOT and report back. 20 21 Council Member Mueller said that the homes affected by the current proposed location of the 22 sound wall on Long Lake Road are further away from the road, but the decibel readings are in the 23 high 60s to low 70s. Those homes are feeling a severe and immediate impact from the increased 24 traffic. 25 26 Mr. Amundson said that there was a motion to reappoint David Jahnke and Barb Haake to the 27 Airport Commission at the last meeting and, his comments on that matter, may have seemed that 28 he did not feel that they should be appointed. He then said that was not his point at all. He 29 further said that he was just curious if a third person could join that activity and assist the City in 30 the event either of those two could not attend. 31 32 6. SPECIAL ORDER OF BUISNESS 33 34 None. 35 36 7. COUNCIL BUSINESS 37 38 A. Public Hearing, Consideration of Resolution 7234, Approving the Feasibility 39 Report, Ordering the Project, Authorizing the Preparation of Plans and 40 Specifications, and Approving a Joint Powers Agreement with the City of 41 Spring Lake Park for the 2008 Street Maintenance Project (Seal Coat 42 Project) 43 Mayor Marty opened the public hearing at 7:25 p.m. 44 Mounds View City Council March 10, 2008 Regular Meeting Page 3 Public Works Director Lee provided an overview of the proposed Street Maintenance Project for 1 2008, noting it is entirely a seal-coating project. 2 Valerie Amundson of 3048 Wooddale Drive noted that there are some fairly new streets being 3 proposed for seal coating, and she thought that seal coating was done only every 6 years. 4 Director Lee indicated that H2 was constructed in 2002 so that is 6 years old and, the other is 5 only 4 years old. However, the parking lots are way over due so they are being lumped all 6 together for one seal coat project. He further explained that this would be the last seal coat until 7 the new streets to be constructed reach six years of age. 8 Hearing no further public comments, Mayor Marty closed the public hearing at 7:36 p.m. 9 Council Member Flaherty asked for cost share information on the two joint projects with Spring 10 Lake Park. 11 Director Lee provided an explanation of the cost sharing with Spring Lake Park. 12 Mayor Marty said that he thought that the parking lot at City Hall has been seal coated before. 13 Council Member Flaherty said that he thought it was scheduled a year or two ago to seal coat the 14 City Hall parking lot, but that was postponed. 15 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7234, 16 Approving the Feasibility Report, Ordering the Project, Authorizing the Preparation of Plans and 17 Specifications, and Approving a Joint Powers Agreement with the City of Spring Lake Park for 18 the 2008 Street Maintenance Project (Seal Coat Project). 19 Council Member Flaherty said that in Section B of Cost Allocation, the total estimated costs are 20 $287,500. He then asked if this is the entire cost of the project, including Spring Lake Park. 21 Director Lee indicated that this is a Joint Powers Agreement with Spring Lake Park so it outlines 22 the costs of the total project. 23 Ayes – 5 Nays - 0 Motion carried. 24 B. Resolution 7238 Approving the Purchase of MVPD Squad Cars. 25 Chief Sommer addressed Council and explained the requested approval for the purchase of two 26 squad cars. The state bid has been awarded to Elk River Ford. He then noted that squad cars are 27 on a five-year replacement cycle. 28 Council Member Stigney asked when squads were replaced last. 29 Chief Sommer indicated that there was a replacement last year. 30 Council Member Stigney asked what years the vehicles being replaced were. 31 Chief Sommer indicated that these are the squads purchased in 2003. 32 Mounds View City Council March 10, 2008 Regular Meeting Page 4 Council Member Stigney asked for the auction information received last year on the used 1 vehicles that were sold. Chief Sommer indicated that the vehicles are brought to the auction in 2 Arden Hills and they usually bring a very good price. He then said he could provide the auction 3 information to Council. 4 Council Member Stigney asked how many vehicles are in the fleet. Chief Sommer indicated that 5 there are 11 total vehicles and 9 are squads. 6 Council Member Stigney indicated that the City used to replace one vehicle one year, and two the 7 next and he is wondering why the process has been changed. 8 Chief Sommer indicated that the type of use that these vehicles go through justifies replacing 9 them every five years. 10 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7238 11 Approving the Purchase of MVPD Squad Cars. 12 Council Member Stigney asked for the information on the vehicles when they are sent to auction. 13 Mayor Marty commented that it would cost less to get the cars two-toned rather than repainting 14 them later. 15 Chief Sommer indicated that the officers were in favor of the two-toned vehicles. 16 Mayor Marty asked if Council was interested in going with two-tone cars. 17 Council decided not to do so at this time. 18 Ayes – 5 Nays – 0 Motion carried. 19 C. Resolution 7237 Authorizing Execution of a Zero Dollar Permit for the 20 Trunk Highway 10 Noise Wall Project 21 Public Works Director Lee provided information on the noise wall project for Council. He then 22 noted that Mn/DOT is looking at awarding the contract on May 16, 2008 with construction 23 beginning in June. 24 Council Member Mueller asked if there should be any concern that Mn/DOT would take the land 25 and use it for an additional lane. Director Lee indicated that it does not seem that would be 26 feasible. He then said that there are already three lanes in this location and it is further to the east 27 where they plan to add an additional lane. 28 Council member Mueller asked whether Attorney Riggs reviewed the permit documentation. 29 Interim Clerk Administrator Ericson noted that Attorney Riggs has reviewed this. 30 Mayor Marty indicated that it may take time to transfer land in Arden Park, but, it is of little use 31 to Mn/DOT because it is on the wrong side of the wall that they have already constructed. He 32 then asked that Staff request that a transfer of the Arden Park property be done. 33 Mounds View City Council March 10, 2008 Regular Meeting Page 5 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7237 1 Authorizing Execution of a Zero Dollar Permit for the Trunk Highway 10 Noise Wall Project, 2 and Request, During Negotiations, Reciprocity on the Arden Park Property. 3 Ayes – 5 Nays – 0 Motion carried. 4 D. Resolution 7239 Setting a Public Hearing Date for the 2009-2010 Street and 5 Utility Improvement Project 6 Public Works Director Lee noted that a public hearing date is needed for the 2009-2010 Street 7 and Utility Improvement Project. Staff has put together a generic timeline for the project and 8 that was provided for information. 9 Brian Amundson of 3048 Wooddale Drive addressed Council and said that a significant amount 10 of work was done by Bonestroo and one thing that Council has talked about in the past, is having 11 other consultants involved. 12 Mayor Marty noted that Bonestroo has already completed this study and the next one, so he 13 would like to wait until that point, to go out for bids. The City was also considering hiring an 14 Engineer. 15 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7239, 16 Setting a Public Hearing Date for the 2009 – 2010 Street and Utility Improvement Project. 17 Ayes – 5 Nays – 0 Motion carried. 18 19 E. Resolution 7240 Authorizing Activities Associated with the Completion of the 20 Spring Creek Regional Water Quality Pond Report 21 22 Public Works Director Lee indicated that this study was stopped when the petition stopped the 23 proposed street project. He then said that this study must be done as there is a long period of 24 time required to allow for construction of a regional pond, if a regional pond is required. 25 26 Council Member Mueller asked if the pond is in compliance with current Rice Creek Watershed 27 District requirements. Director Lee indicated that there are the original rules, and the new rules 28 to allow cities to comply with projects that did not involve new construction. 29 30 Council Member Flaherty indicated that he would be looking for other options as well, not just 31 the pond. 32 33 Brian Amundson asked whether any purchasing of property would be reviewed by Council. 34 Director Lee indicated that any potential property purchases to construct the pond, would be 35 brought before Council for discussion. 36 37 Mayor Marty said that in the Rice Creek Permit, Item 5, mentions a letter from the City of Spring 38 Lake Park stating its intent to enhance water quality treatment for the area. He then said that the 39 Mounds View City Council March 10, 2008 Regular Meeting Page 6 City of Spring Lake Park holds the future of Mounds View in their hands with this provision. He 1 further said that there would not be a need for a Joint Powers Agreement for a number of years, 2 so he would like to approach Spring Lake Park at this time and bring up the item in the permit. 3 4 Director Lee said that a better idea would be to leave it an issue between Spring Lake Park and 5 the Watershed District. He then said that the required letter is on file. 6 7 Brian Amundson said that, at one time, Council proposed to purchase a piece of property for 8 ponding, and he is wondering if that is part of this proposal. Director Lee indicated that storm 9 water needs would need to be addressed during the 2010 project and the piece of property 10 mentioned by Amundson would come into play. 11 12 MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 7240 13 Authorizing Activities Associated with the Completion of the Spring Creek Regional Water 14 Quality Pond Report 15 16 Council Member Mueller asked if there is any idea what this project would cost the City, and 17 where, in the budget, would the funding come from. Director Lee indicated that cost would be 18 dependent upon the requirements of Rice Creek. 19 20 Valerie Amundson of 3048 Wooddale Drive said that she understands that this is because all of 21 the water was not taken care of in the 2003 project. She then asked if that is the case, or is it 22 some of handling the 2005 water, which is now the 2010 project. Director Lee indicated that it is 23 both projects that need to show how the water will be handled. 24 25 Ms. Amundson asked if water gardens for the 2003 project could eliminate the need for this 26 ponding. Director Lee said that adding a few rain gardens will not eliminate the need for the 27 regional ponding, but also said that he would verify with Rice Creek Watershed District. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 8. CONSENT AGENDA 32 A. Licenses for Approval 33 B. Resolution 7235 Acceptance and Final Payment Approval for the Silver Lake 34 Road Sidewalk Improvement Project 35 C. Resolution 7236 Acceptance and Final Payment Approval for the Medtronic 36 Utility Extension Project 37 Council Member Mueller requested that Item B be removed for discussion. 38 39 Mayor Marty removed Items B and C for comment. 40 41 MOTION/SECOND: Flaherty/Mueller. To Approve Consent Agenda Item A as presented, 42 Mounds View City Council March 10, 2008 Regular Meeting Page 7 Contractor Licenses for Approval. 1 2 Ayes – 5 Nays – 0 Motion carried. 3 4 B. Resolution 7235 Acceptance and Final Payment Approval for the Silver Lake 5 Road Sidewalk Improvement Project 6 7 Council Member Mueller indicated that she has a concern because the original amount was 8 $459,277.50, but the actual cost is $474,027.70, and she sees no change orders. 9 10 Public Works Director Lee indicated that the contractor bid on unit amounts based upon the 11 engineer’s estimate. He then explained that when there are more units than the engineer’s 12 estimate, the costs increase. 13 14 Council Member Mueller asked whether Bonestroo would have any responsibility for this 15 overrun. Director Lee indicated that there are always adjustments as construction goes on with 16 every construction project. 17 18 Council Member Mueller asked whether the actual cost would have meant that another bidder 19 would have been the lower bidder. Director Lee indicated that all bidders would be subject to 20 these changes out in the field so all bidders amounts would go up. 21 22 Mayor Marty said that the original contract amount was $459,277.50, and it ended up being 23 $474,027.70 so there was a difference of $14,750.20. He then said that the engineer’s estimate, 24 before the project started, was $588,000. This came in over $100,000 under the engineer’s 25 project estimate and he looks at that as being a plus for the City. 26 27 MOTION/SECOND: Marty/Mueller. To Approve Resolution 7235 Acceptance and Final 28 Payment Approval for the Silver Lake Road Sidewalk Improvement Project. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 C. Resolution 7236 Acceptance and Final Payment Approval for the Medtronic 33 Utility Extension Project 34 35 Mayor Marty noted that the original engineer’s estimate was $590,000, and the original contract 36 amount was $444,509, which is well over $100,000 less than the engineer’s estimate. And, the 37 final construction cost was $10,000 less than that. 38 39 MOTION/SECOND: Marty/Mueller. To Approve Resolution 7236 Acceptance and Final 40 Payment Approval for the Medtronic Utility Extension Project. 41 42 Council Member Mueller asked whether the contractors who completed these two projects would 43 be given higher consideration for the next project based upon the work done for the City. 44 Mounds View City Council March 10, 2008 Regular Meeting Page 8 1 Director Lee indicated that the City usually goes with the lowest bidder, despite the fact that a 2 contractor has an established history with the City. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 9. JUST AND CORRECT CLAIMS 7 8 Public Works Director Lee requested that the claim for Northern Escrow $24,830 be removed 9 from the approval until the lights are on. This work has been completed, however, the work 10 cannot be verified until the lights are on. Council agreed. 11 12 Mayor Marty, on Page 10, Business Solutions for four digital cameras for public works. Director 13 Lee indicated that it is three (3) digital cameras and three (3) memory flash cards and cases are 14 included. 15 16 Mayor Marty said that he is wondering why public works needs numerous digital cameras. 17 Director Lee indicated that one of the cameras is for him to use to document in picture to show to 18 the Council. The other two are for different positions to be available to document issues and to 19 have digital images to provide to Council and public. 20 21 Mayor Marty, on Page 10, Highway Technologies, for portable stop signs. He is wondering what 22 that is. Director Lee indicated that the Police Department requested these signs for cases where 23 the power is out and stop signs are needed. They were budgeted for. 24 25 Mayor Marty indicated that he would like an explanation for paying mileage for an employee that 26 has jury duty. Staff agreed to look into the matter. 27 28 Council Member Flaherty, Northern Waterworks, for the rental of a handheld reader, and he is 29 wondering what was being “read”. Director Lee indicated that would be for reading meters. One 30 amount is a charge and one is a credit for testing the machine. 31 32 Mayor Marty, on Page 16, wrist passes for $11.97, he is wondering what that is for. Staff agreed 33 to look into it. 34 35 Council Member Mueller, on Page 16, the contracting expenditures, he is wondering if those 36 services can be billed back to the homeowner. Director Lee indicated that this is for complete 37 replacement of water service lines back to the property. 38 39 Mayor Marty said that he is noticing a number of line breaks, and he is wondering if $4.00 per 40 quarter is keeping up with the costs. Director Lee indicated that, at this time, the funding is 41 adequate. However, it may be necessary in a year or two to look at increasing costs. Mayor 42 Marty asked that actual costs and future issues on this be added to an upcoming work session. 43 44 Mounds View City Council March 10, 2008 Regular Meeting Page 9 Council Member Stigney asked about Minnesota Department of Health, water meter supply 1 connection. Director Lee indicated that would not have anything to do with public works, 2 however, Staff can look into the claim and provide information to Council. 3 4 MOTION/SECOND: Mueller/Marty. To Approve Just and Correct Claims as Amended to 5 remove the Claim for Northern Escrow for $24,830. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 10. APPROVAL OF MINUTES 10 11 A. January 28, 2008, Executive Session Meeting Minutes 12 13 Council Member Flaherty correct “passed” to “past”. 14 15 MOTION/SECOND: Flaherty/Hull. To Approve the January 28, 2008, Executive Session 16 Meeting Minutes as Amended. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 B. February 11, 2008, Executive Session Meeting Minutes 21 22 MOTION/SECOND: Mueller/Stigney. To Approve the February 11, 2008, Executive Session 23 Meeting Minutes as Presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 C. February 20, 2008, Executive Session Meeting Minutes 28 29 MOTION/SECOND: Flaherty/Mueller. To Approve the February 20, 2008, Executive Session 30 Meeting Minutes as Presented. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 D. February 25, 2008, Regular City Council Minutes 35 36 Council Member Hull correct “business.” 37 38 Council Member Mueller, on Page 3, insert information she provided to Staff. 39 40 Council Member Flaherty, page 7, Line 12 change “change” to “charge”. 41 42 MOTION/SECOND: Mueller/Flaherty. To Approve the February 25, 2008, Regular City 43 Council Meeting Minutes As Amended. 44 45 Mounds View City Council March 10, 2008 Regular Meeting Page 10 Ayes – 5 Nays – 0 Motion carried. 1 2 3 E. March 3, 2008, Executive Session Minutes (Part 1) 4 5 Mayor Marty asked to verify times. Mayor Marty was absent. 6 7 MOTION/SECOND: Mueller/Hull. To Approve the March 3, 2008, Executive Session Minutes 8 (Part 1) as Amended. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 F. March 3, 2008, Executive Session Minutes (Part 2) 13 14 Marty asked to verify times. 15 16 MOTION/SECOND: Mueller/Marty. To Approve the March 3, 2008, Executive Session 17 Minutes (Part 2) as Amended. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 11. REPORTS 22 23 A. Mayor and Council 24 25 Mayor Marty noted he had put an anonymous letter he had received into other Council Members 26 boxes today. The issue was complaints about the Chief of Police, Mayor, Council Members, 27 regarding the fact that the police and city officials do not care and police officers ignoring illegal 28 driving. 29 30 Mayor Marty indicated that there have been no complaints for at least a couple of years, to his 31 knowledge. He then said that if someone has issues that someone would want looked into, 32 anything that he stands behind, he signs his name to and he would like anyone who wants to be 33 taken seriously needs to provide a name. 34 35 Council Member Mueller indicated that she received a letter in late November or early December 36 that was anonymous. She then said that an anonymous letter is a one-way communication and 37 there is nothing that Council can do. 38 39 Mayor Marty noted that there was a letter to the editor in The Focus, and he took exception to 40 some of the things addressed in that letter and he would like to speak with this individual. He 41 then asked the person to call him because Council was accused of being “dumb and dumber.” 42 43 Mounds View City Council March 10, 2008 Regular Meeting Page 11 Mayor Marty said that he takes great pride in this City and the Mayor position. He then said that 1 he stands behind his decisions and his actions, and would like the opportunity to discuss with 2 anyone who feels otherwise. 3 4 Mayor Marty indicated that the Council could respond by writing a letter to the editor. However, 5 it may not be best to do so, since that could cause the issue to continue. He then asked the person 6 to call him to discuss things rather than using the papers to make a bad situation “dumber”. 7 8 Council Member Flaherty indicated that he was going to, personally, address this with a letter to 9 the editor. He then said that the information went out to the residents of many communities and 10 that is the only impression that residents have of this Council. He further said that he would like 11 to address these allegations to make sure that residents have the real information. 12 13 Council Member Stigney agreed with Council Member Flaherty and said that, if he wants to 14 respond, he should do so. He also agreed to support the letter, provided it has the accurate 15 information. 16 17 Council Member Mueller said that the saddest part about this letter is that it is inaccurate and 18 divisive. 19 20 Mayor Marty indicated that he and Mr. Ericson attended a transit update meeting. He then said 21 that there will be more information provided to the Mayor’s and City Administrators group on 22 alternatives for Care-A-Van that is no longer in business. 23 24 Council Member Mueller reported that the 50th Anniversary Committee is looking for recipes. 25 The book will be sold during Festival in the Park. Please bring recipes to City Hall or email 26 them. The deadline to submit 27 28 Council Member Mueller indicated that last week Chief Sommer went over the City Emergency 29 Management Plan and she felt the training was well done. 30 31 Council Member Mueller indicated that the website www.journeysafe.com has safety tips for 32 teenage drivers. She then provided safety and statistical information for Council. 33 34 Mayor Marty noted that there is an executive session this coming weekend. There is a 35 department head/council retreat at Random Park this weekend and it is open to the public. 36 37 B. Reports of Staff 38 39 Interim Clerk Administrator Ericson asked if the Council wants to set up a development 40 roundtable to discuss economic development. Mayor Marty asked to start at 5:30 p.m. for the 41 next EDA meeting and have the round table discussion at that meeting. 42 43 Mayor Marty said he would be willing to consider a six-month moratorium to allow time for the 44 City and the developer to look at this together to see what can be done. 45 Mounds View City Council March 10, 2008 Regular Meeting Page 12 1 Council Member Stigney indicated that he does not feel a rush because the City has not found out 2 about the grant yet. 3 4 Council agreed to add the roundtable discussion for the April work session. 5 6 Interim Clerk Administrator Ericson suggested that a temporary moratorium of two or three 7 months would not be enough time. Mayor Marty indicated that he would like to see a six-month 8 moratorium, which would drop off if the DEED grant is not received. 9 10 Council Member Flaherty indicated that he is against the moratorium because the owner of the 11 property has a buyer and, this will chase that buyer away. Council Member Mueller agreed. 12 13 Council discussed the moratorium, how a moratorium could affect the property owner and any 14 potential or pending sale, and whether or not the City should purchase the Roberts property to 15 ensure that it becomes part of the redevelopment area. 16 17 Council Member Stigney said that, if, the developer has a specific request to allow time, then he 18 would consider it but not at this time without a specific situation in place. 19 20 Consensus was that there would be no moratorium at this time. 21 22 Council Member Mueller asked for the grand opening date for Totino’s restaurant. Interim Clerk 23 Administrator Ericson said that he understands that they are on track for opening March 17, 24 2008. 25 26 C. Reports of City Attorney 27 28 None. 29 30 12. Next Council Work Session: Monday, April 7, 2008, at 6:00 p.m. 31 Next Council Meeting: Monday, March 24, 2008 at 7:00 p.m. 32 33 13. ADJOURNMENT 34 35 The meeting was adjourned at 9:55 p.m. 36 37 Transcribed by: 38 39 40 Joan Lenzmeier, Recording Clerk 41 TimeSaver Off Site Secretarial, Inc. 42 Item No:11(B)1 Meeting Date: April 14, 2008 Type of Business: Reports Administrator Review: ___ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Xcel Energy Gas Transmission Line through City Introduction: As the City Council is aware, the City and Xcel are at somewhat of an impasse regarding Xcel’s proposed installation of a natural gas transmission line through the City. At issue were easements, route and an automatic shut-off valve. Discussion: Xcel began installing the transmission line last year within the County Road 10 right of way under a permit issued by Ramsey County. The City of Mounds View also issued a permit for utility work within our right of way, however Xcel did not act on the permit and it subsequently expired. One of the conditions of the permit approval was that Xcel would need to install an automatic shut-off valve in addition to the manual shut-off. Xcel has indicated they would install an automatic shut-off valve but only at the City’s expense. Xcel installed the manual shut-off valve on City-owned land last year, without the permission or grant of easement from the City. Through Kennedy & Graven, the City again asked Xcel to install the automatic shut-off valve at THEIR expense, or, compensate the City for the easement in an amount equivalent to the cost of the desired automatic valve. Xcel has responded by noting that the northern route of the pipeline would be changing to take advantage of street reconstruction work which will already be disrupting the area and then also noted that in terms of the automatic shut-off valve, the City is left with a choice— either accept fair market compensation for the easement needed or they will simply remove the manual shut-off valve altogether, not replacing it anywhere else. The following statement is from their letter, which is attached for the Council’s review: “Although the system without a valve will still comply with all applicable codes and regulations, the flexibility and other benefits provided by the valve (most of which inure to the benefit of the residents of the City) will be lost.” Staff has discussed the letter with Bob Vose of Kennedy & Graven, who points out that the City can either agree to their terms (one way or another) or simply hold firm to the position that as a condition of permit issuance, the automatic shut off valve is required to be installed at Xcel’s expense. Xcel Gas Transmission Line April 14, 2008 Page 2 Recommendation: Staff seeks feedback from the Council as to how the City should proceed on this matter. I will provide the Council with additional information from the attorney if it becomes available in the meantime. Respectfully submitted, ________________________ James Ericson Community Development Director