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HomeMy WebLinkAboutAgenda Packets - 1993/11/08 • CITY OF MOUNDS VIEW CITY COUNCIL NOVEMBER 8, 1993 7:00 P.M. AGENDA The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke Blanchard Wuori Quick Trude 4. APPROVAL OF MINUTES: October 25, 1993 Regular Council Meeting COUNCIL ACTION: A T D Comments: AGENDA PAGE TWO NOVEMBER 8, 1993 5. SPECIAL ORDER OF BUSINESS: There was no special business scheduled for this meeting. 6. CONSENT AGENDA: A. Adopt Resolution No. 4439 Approving Professional Boxing Event, Big Wheel Promotions, Inc., Bel-Rae Ballroom, November 17, 1993, Staff Report No. 93-671C B. Set Public Hearing for 7:05 p.m., Monday, December 27, 1993, to Consider Certification of Delinquent Utility Bills, Tree and Weed Removal Invoices to Ramsey County for Collection with 1994 Property Taxes, Staff Report No. 93-672C C. Set Public Hearing for 7:05 p.m., Monday, November 22, 1993, to Consider Request for Conditional Use Permit (Residential Dog Kennel), Victoria Bowers, 8351 Groveland Road, Planning Case No. 369-93 D. Declare Old Phone System Surplus and Sell to Executone, Staff Report No. 93- 674C E. Approve Step Adjustment for Dennis Hjelle, Part-Time Custodian, Staff Report No. 93-675C F. Award Bid for City Newsletter to Nystrom Printing, Staff Report No. 93-676C G. Authorization to Purchase Flexible Stakes, Staff Report No. 93-677C H. Adopt Resolution No, 4441 Approving Just and Correct Claims Against City Funds I. Licenses for Approval General (commercial) - Expires 6/30/94 Mikkelson-Wulff Construction, Inc. - New Earl Weikle & Sons - New Sewer/Water - Expires 6/30/94 Plymouth - New AGENDA PAGE THREE NOVEMBER 8, 1993 COUNCIL ACTION: A T D Comments: 7. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Citizens' comments are encouraged to allow individual citizens to address the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens' Comments item on the agenda is important in order to encourage and maintain this information flow. Tpreser_v_e_and pr_n_tect__this_val_uabl ommunica ions_1 nk, a speaker is limited to three (3) minutes. CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 8. PUBLIC HEARINGS: a. 7:05 p.m. Consideration of Major Subdivision Request, Doug Watson, Planning Case No. 370-93, Staff Report No. 93-678C (Staff Presenter: Paul Harrington, City Planner) - Consideration of Resolution No. 4442 Approving/ Denying Request for Major Subdivision, Doug Watson, Planning Case No. 370-93 COUNCIL ACTION: A T D Comments: b. 7:07 p.m. Consideration of Conditional Use Permit Revocation, John Engberg, Planning Case 304-90, Staff Report No. 93-679C (Staff Presenter: Paul Harrington, City Planner) COUNCIL ACTION: A T D Comments: AGENDA PAGE FOUR NOVEMBER 8, 1993 c. 7:10 p.m. Consideration of Variance and Site Plan Approval (Parking), Robert's Off 10, Planning Case No. 363-93, Staff Report No. 93-680C (Staff Presenter: Paul Harrington) - Consideration of Resolution No. 4443 Approving/ Denying Site Plan, Robert's Off 10 Planning Case No. 363-93, Staff Report No. (Staff Presenter: Paul Harrington, City Planner) -COUNCIL-AMION—A- T- Comments: 9. COUNCIL BUSINESS: A. Consideration of Resolution No. 4445 Approving the Master Plan for the Golf Course, Staff Report No. 93-681C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: B. Consideration of Resolution No. 4446 Relating to the Financing of a Municipal Golf Course, Staff Report No. 93-682C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: C. Consideration of Resolution No. 4447 Establising Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code, Staff Report No. 93-683C (Staff Presenter: Samantha Orduno, City Administrator) AGENDA PAGE FIVE NOVEMBER 8, 1993 COUNCIL ACTION: A T D Comments: D. Consideration of Recommendation of Award of Architect for Golf Course Pro Shop and Maintenance Building, Staff Report No. 93-684C (Information to be hand carried to Monday night's meeting.) (Staff Presenter: Mary Saarion, Director of Parks, Recreation and Forestry) COUNCIL ACTION: A T D Comments: E. Introduction and Consideration of Ordinance No. 531 Amending Chapter 70, "Municipal Water System", of the Mounds View Municipal Code, Staff Report No. 93-685C, (Staff Presenter: Paul Harrington, City Planner) COUNCIL ACTION: A T D Comments: 10. REPORTS: 1. Report of Councilmembers: Blanchard: Quick: Wuori: AGENDA PAGE SIX NOVEMBER 8, 1993 Trude: 2. Report of Mayor Linke: 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORK SESSION: DECEMBER 6, 1993, 7:00 P.M. NEXT COUNCIL MEETING: NOVEMBER 22, 1993, 7:00 P.M. 11. ADJOURNMENT: APPROVED • PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW. RAMSEY COUNTY, MINNESOTA . Regular Meetin{ November 8, 199: Mounds View City Hal 2401 Hwy. 10, Mounds View, MN 5511: CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7 : 00 p.m. on Monday, November 8 , 1993 . PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Councilmembers Trude, Wuori, Blanchard and Quick. MEMBERS ABSENT: None ALSO PRESENT: Samantha Orduno, City Administrator; Jim Thomson, City Attorney; Mary Saarion, Director of Parks, Recreation and Forestry; Paul Harrington, City Planner APPROVAL OF MINUTES MOTION/SECOND: Trude/Wuori to approve minutes of October 25, 1993 as presented. VOTE: 5 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: There was no special order of business. CONSENT AGENDA Samantha Orduno, City Administrator, read the Consent Agenda. Mayor Linke asked if there were any items the Council desired removed from the Consent Agenda. Mounds View City Council Page Twc Regular Meeting November 8,4109: There were no items removed from the Consent Agenda. MOTION/SECOND: Wuori/Blanchard to adopt the Consent Agenda as presented. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR There were no requests nor comments from the residents at this meeting concerning any issues not on the agenda. PUBLIC HEARINGS a. 7 : 05 p.m. - Consideration of Major Subdivision Request, Doug Watson, Planning Case No. 370-93 Mayor Linke called the public hearing to order at 7: 05 p.m. Paul Harrington, City Planner, reviewed Staff Report No. 93-678C regarding the subdivision of property located on the Southeast corner of County Road J and Coral Sea which would allow the creation of four (4) lots and (1) outlot. If this proposal is approved it will help facilitate the acquisition of property necessary for t development of the Mounds View Municipal Golf Course. Harrington also reported that Outlot A would be deeded to the City for use as ponding easement area. This subdivision was approved by the Planning Commission. Staff recommends the adoption of Resolution No. 4442 Approving the Preliminary Plat of North Star Industrial Park, 2nd Addition. MayorLinkeclosed the public hearing at 7: 07 p.m. City Attorney, Jim Thomson, recommended that a contingency be added to Resolution No. 4442 indicating that Outlot A will be dedicated to the City of Mounds View for use as ponding easement area. MOTION/SECOND: Quick/Trude to Adopt Resolution No. 4442 Approving Request for Major Subdivision, Doug Watson, Planning Case No. 370-93 As Amended VOTE: 5 ayes 0 nays Motion Carried b. 7 : 06 p.m. - Continuation of Public Hearing Regarding Potential Revocation of Conditional Use Permit, 3030 County Road J Mayor Linke continued the public hearing regarding the potential revocation of conditional use permit, 3030 County Road J. Paul Harrington, City Planner, presented the background on the subject and stated that the City Attorney had requested affidavi .. Mounds View City Council Page Three Regular Meeting November 8, 1993 • supporting the construction of the structure prior to 1988 at which time the City's zoning ordinance was changed. Jim Thomson, City Attorney, indicated that affidavits had been received indicating that the structure had been built prior to 1988 . Thomson indicated that, in his opinion, the structure is a lawful non-conforming use structure. Mayor Linke closed the public hearing at 7: 10 p.m. The City Council accepted the City Attorney's opinion. c. Consideration of Variance and Site Plan Approval (Parking) , Robert's Off 10 , Planning Case No. 363-93 Mayor Linke opened the public hearing at 7:11 p.m. Paul Harrington, City Planner, reviewed Staff Report regarding the request for parking expansion. Harrington explained that if this request were approved would allow the scaling down of a City required berm along the West property line (Edgewood Drive) and approve the addition of impervious surface (parking area) . The request also included a variance for the placement of parking area at a zero side yard • setback. The variance has been reviewed according to the Mounds View Municipal code requirements and approved by the Planning Commission. Harrington further stated that Resolution No. 4443 includes a number of conditions agreed to by the Council. They are, (1) the applicant enter into a hold harmless agreement with the City to address concerns with snow removal from the site and adjacent streets as well as utility maintenance, (2) the reconfigured berm be landscaped according to City Forester recommendations and, (3) the applicant install and maintain a rate control structure, as recommended by Mounds View's Consulting Engineer, to ensure that no increase in the rate of stormwater discharge from the site takes place. Harrington further stated that the Forester recommended planting arborvitae and remove the spruce trees as the berm would not be able to support the spruce if it were reconfigured and the spruce trees would be more apt to be damaged during snowplowing. Councilmember Trude commented that arborvitae would be affected by salt and drought and would not be as attractive as the spruce. Ron Michna, 5287 Edgewood Drive stated his concerns with regards to the variance and site plans. Mr. Michna was concerned with the water drainage from the property if more blacktop was added for 411 parking. Mounds View City Council Page Four Regular Meeting November 8,4119: Another concern stated by Mr. Michna is the slamming of car doors and loud talking from the employees of the business which is bothersome at 2:00 or 2 : 30 a.m. when the employees of the business leave. Mr. Michna stated that he was also bothered by the removal of the spruce and addition of the arborvitae. Bill Zwieg, 5292 Edgewood Drive, asked if the applicant would be driving completely around the building and was informed that there would benodriving around the building. Mayor Linke closed the public hearing at 7:28 p.m. MOTION/SECOND: Blanchard/Trude to Adopt Resolution No. 4443 Approving Site Plan, Robert's Off 10, Planning Case No. 363-93C VOTE: 5 ayes 0 nays Motion Carried COUNCIL BUSINESS A. Consideration of Resolution No. 4445 Approving the Master Plan for the Golf Course • Samantha Orduno, City Administrator, explained that the Golf Course Task Force has finalized the plans for the design of the proposed golf course and the architect has prepared the MasterPlan which details the T's, greens' fairways, bunkers and other design elements. Orduno explained that the Master Plan will serve as the framework from which the course will be constructed. Orduno introduced Ron Schmidt, Mark Malone, Jerry Peterson, who are members of the Golf Course Task Force and were in the audience at this meeting. Orduno made mention of the other members of the Task Force which included Phyllis Blanchard and Gary Quick as staff liaison, Tim Smith, Phil Sipe and Gary Stevenson, not in attendance. Orduno thanked the Golf Course Task Force for a commendable job in in working on the golf course and moving a dream into a reality. Jerry Peterson, member of the Golf Course Task Force, stated that the charge of the Golf Course Task Force was to look for a use for the property. The Task Force looked into the feasibility of a golf course for this property that would be financially viable and would not be a financial burden to the City. The Task Force looked at all types of courses to fit the land. It was decided that a 9 hole Executive Course with a driving range would be the best suited for the land. This course could be used by a beginner golfer, an intermediate golfer and a quick game for the advanced golfer. Mounds View City Council Page Fivtc • Regular Meeting November 8, 199 Orduno introduced Paul Miller, the project architect from Williams/ Gill and Associates to present the Master Plan to the Council. Mr. Miller also commended the Golf Course Task Force, City Staff and the Council liaison for being very dedicated and doing a fine job with regards to the project. Miller explained the steps involved in developing the Master Plan and indicated that the Golf Course Task Force and Architect together have designed a golf course and driving range that has all the elements of a successful, economic and social venture. MOTION/SECOND: Blanchard/Quick to Adopt Resolution No. 4445 Approving the Master Plan for the Golf Course • VOTE: 5 ayes 0 nays Motion Carried B. Consideration of Resolution No. 4446 Relating to the Financing of a Municipal Golf Course Samantha Orduno, City Administrator, outlined the conditions by which the City may utilize proceeds from Tax Increment Financing District No. 2 . Resolution No. 4447 defines the permitted uses of the funds which were established when the District was created. 111 Orduno explained that using the funds for clearly defined recreational purposes, such as the development of the golf course, is consistent with the .intended purpose of the District. Orduno also explained that the resolution provides authorization to proceed with the purchase of the land and the money used to purchase the land would then be reimbursed to the TIF District No. 2 fund from the proceeds of the proposed Revenue Bond Sale slated to take place next month. Orduno noted that should the bids come in higher than anticipated, the proceeds to be reimbursed to the TIF District No. 2 fund will be decreased by the amount that the bids are over the estimated construction expenses. MOTION/SECOND: Quick/Blanchard to Adopt Resolution No. 4446 Relating to the Financing of a Municipal Golf Course VOTE: 5 ayes 0 nays Motion Carried • C. Consideration of Resolution No. 4447 Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code Samantha Orduno, City Administrator, reviewed Staff Report No. 93- 683C relating to Resolution No. 4447 which outlines the procedures by which the City will comply with the recently revised IRS • Regulations relating to "Reimbursement Bonds. " Mounds View City Council Page Six Regular Meeting November 8, 093 Orduno reported that Resolution No. 4447 provides the legal mechanism by which the City may reimburse TIF District No. 2 fund from the proceeds of the Revenue Bonds for the purchase of Lot 16, Block 2, Northstar Industrial Park.. Orduno asked that a caveat be added to the Resolution stating that prorated taxes from 1993 be funded from the golf course development fund, 698-4121-303 . Orduno stated that staff would be bringing the final resolution to proceed with the bond issue to the next meeting. The Marketing Analysis people projected that the course revenue will be over the expenditures by the end of the third year of operation of the course.- Itwasalso- projected that the golf course would bringin an average net income of $126, 000 per year over a 20 year period. MOTION/SECOND: Wuori/Blanchard to Waive the Reading and Approved Resolution No. 4447 Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code VOTE: 5 ayes 0 nays Motion Carried D. Consideration of Recommendation of Award of Architect for Golf Course Pro Shop and Maintenance Building This item was removed from the agenda and postponed to the Novem, 22 , 1993 Council Meeting. Samantha Orduno,. City Administrator, explained that the Golf Course Task Force had interviewed three architectural firms and is still in the process of negotiating with two of those firms to receive the best possible price. Mary - Saarion, Director of Parks, Recreation and Forestry will have the request for the award of the bid at the next Council Meeting. E. Introduction and Consideration of Ordinance No. 531 Amending Chapter 70 "Municipal Water System" of the Mounds View Municipal Code Paul Harrington, City Planner reviewed Staff Report No. 93-685C s a ing a e o•e + • - - • •_ - that properties which do utilize on-site wells submit certified test results to the City twice per year. The Ramsey County Department of Health and the Minnesota Department of Public Health feel that the testing once per year is adequate to monitor the water quality of wells. MOTION/SECOND: Quick/Trude to Waive the Reading and Formally Introduce Ordinance No. 531 Amending Chapter 70 of the Mounds View Municipal Code VOTE: 5 ayes 0 nays Motion Carried Mounds View City Council Page Seve: • Regular Meeting November 8, 199_ REPORTS: 1. Report of Councilmembers Councilmember Trude: No report Councilmember Wuori: No report Councilmember Blanchard: No report Councilmember Quick: No report 2 . Report of Mayor No report. 3 . Report of Administrator a. Samantha Orduno, City Administrator, stated that the City contracts services with a veterinary clinic for animal control. The City had received a letter from this clinic stating that the rates to the City would double. Orduno explained that the budget for 1994 had allotted a certain amount of funding and now the costs have doubled and no longer fit that funded amount. Staff will be looking into alternatives with regard to this contract. • b. An application has been made for a grantin the amount of $120, 000 from the State Board of Government Innovation and Cooperation for the. proposed Regional Senior Center. This grant is a joint request with the cities of Spring Lake Park, Fridley and New Brighton. Councilmember Wuori stated that this grant was made just for the Senior Center as the need for a senior center fits all of the requirements of this grant. 4 . Report of Staff No report. 5. Report of Attorney No report. Mayor Linke announced the dates for the next Work Session and next Council Meeting. Linke stated that Representative Geri Evans will be at the December 6, 1993 , Work Session. Senator Novak will not be able to attend as he will be out of town, but will attend January's meeting. ADJOURNMENT There being no further business before this Council, Mayor Linke adjourned the meeting at 7: 53 p.m. espectfull submitted, . • M chele Severson Recording Secretary ..-- = Agenda Section. 6.A RETUEST FOR COUNCIL CONSIDERATION Report Number. 91-671 r Report Date: 1 1-5-93 STAFF REPORT Council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 0 Public Hearings Consent Agenda 0 Council Business Item Description: Adopt Resolution No. 4439 Approving Professional Boxing Event, Big Wheel Promotions, Inc. , Bel—Rae Ballroom, November 17, 1993 Administrators Review/Recommendation: - No comments to supplement this report - Comments attached. Explanatiop/Summary (attach supplement sheets as necessary.) SUMMARY; Please find attached Resolution No. 4439 Approving Big Wheel Promotion, Inc. 's request to conduct a boxing event at the Bel-Rae Ballroom on November 17, 1993 . Big Wheel Promotions, Inc. has submitted to the City all information pertaining to this event and is in compliance with those contingencies set forth by the City Council. Per Minnesota Statutes, 1992, 341. 08, before the State Boxing Commission issues any license to conduct boxing or sparring exhibitions in the municipality, it requires the consent of the governing body. 4h,t4A.d.0 4 , / 4 Michele Severson, Administration Secretary/Deputy Clerk • RECOMMENDATION: Adopt Resolution No. 4439 Approving Big Wheel Promotions, Inc. 's request to Conduct a Boxing Event at the Bel-Rae Ballroom on November 17, 1993 RESOLUTION NO. 4439 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING BIG WHEEL PROMOTIONS, INC. TO CONDUCT BOXING EVENT AT THE BEL-RATE BALLROOM WHEREAS, Minnesota Statutes, 1992, 341.08, requires the consent of the governing body of any municipality before the State Boxing Commission issues any license to conduct boxing or sparring exhibitions in the municipality, and WHEREAS, Big Wheel Promotions has requested consent of the City Council to conduct boxing matches on November 17, 1993 ; and WHEREAS, the Council has approved similar boxing matches which were conducted in the past; and WHEREAS, said boxing matches were conducted without significant problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that Big Wheel Promotions is hereby authorized to conduct boxing matches at the Bel-Rae Ballroom, 5394 Edgewood Drive, on November 17, 1993 upon the following conditions: 1) Certified copy of the State License for said matches to be filed with Clerk-Administrator. 2) Two uniformed, sworn police officers, approved by the Mounds View Police Chief, shall be in attendance. Said officers to be reimbursed by the promoter. 3) All beer, set-ups and other refreshments shall be dispensed in paper cups. 4) Premises shall be closed by 12 : 00 Midnight. 5) Promoter shall provide Clerk-Administrator with a Certificate of Insurance from the promoter's liability insurance carrier, providing for coverages of $1 million for bodily injury and $100, 000 for property damage. 6) The Mounds View Police Chief is authorized to stop any boxing show or take other appropriate action to discontinue an unlawful or undesirable activity associated with any boxing show conducted within the City of Mounds View. Adopted this 8 day of November, 1993 . ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR NOV 04 '93 16:00 123 P02 HON- 4-93 THU 15:44 TOWER SPECIAL FAX NO. 6125370486 P. 01 MOND. C4ERTt f'TE.0 ;; CE. ISSUEAf1q BA!l lwlrDD • i 11-4-93 Daotlucsll THIS CERTIFICATE IS ISSUED A8 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NOLDCR.This ceRTl'1CATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE Commercial Associates of MN .POLICIES BELOW. .. ._,__,..---- 3376 Coachman Road COMPANIES AFFORDING COVERAGE Eagan, MN 55121 _ .._.. ._ COMPANY A LJQ1-`A" Cenex,l,Agarrs. insurance Company of America, Inc ,I COMPANY B *mum LETT COMPANY Big Wheel Promotions LETTER Cr» ». P. 0. Box 710108 j COMPANY 0 Roust on, Texas 71271-0108 . ...._..� _. .... . , . COM I.ETTTER Y E COVERAGES , THIS IS TO CERTIFY THAT THE POL>GIES OF INSURANCE LISTED DeLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEOT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT�n TYPE OFDISURANCE POLICY?MIMED Id�tRWiap/ DAT.POLIO (IdMI00111lN LIMITS A GENERAL LIABILITY I GENERAL AGGREGATE f 1 I MO„000. X COMMERCIAL GENERAL LIABILITY . PROOUCT8.COMPl0P AGO, • FACLUDF.D CLAIMS MADE Z OCCUR. GPP 569753 111-17-93 ' 11-18-93 •PERSONAL A AM,IIQUIIY , EXCi.ImED OWNirW$A CONTRACTOR'S PRoT. EACH OCCURRENCE , ,$ 1,000,000. ' FIRE DAMAGE(Any aa,nn) i EXCLUDED __ wia.SI NS RAMI"P4°14 1,EXCLUDED-._. AUTOMOBILE UASILITY , CONE1NSO SINGLE ANY AUTO LIMIT i ALL OWNAUTOS ' i ED BODILY INJURY i 'SCHEDULED AUTOS Par person) HIRED AUTOS BODILY INJURY S NON.OWNED AUTOS °IPir IICNOI nI GARAGE LIABILITY PROPERTY DAMAGE E .....,w.w.....�......... ....an ... • • ..... ammo/ ..�..w.6 . . .._.— EN EXCESS LIABILITY EACH oecue C1 $ UMBRELLA FORM AGGREGATE i OTHER THAN UMBRELLA FORM ►...-+7•+.I•. w,}.-l Vm...fw,wemwT,/—/W.i..... .d owe wm..�I, . . .. WORKER'S COMPENSATION STATUTORY UNITS EACH ACCIDENT- - I AND i DISEASE-•POLICY LIMIT II E!PLOYERS*LtAB/LITT ...—.-�...e.0.r DISEASE...EACH EMPLOYEE j OTNRA DESCRIPTION OF OPEM'hONS1LOCAYMNSIYEHICLWSPEClAL mut Boxing Events - BelRaa Ballroom 3394 Edgeroad Drive, Moundsviev, MN • - .,.,,prw. , , ....,.«.4444 ,..,..... .. . . ..... ...... . J CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE `s EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Moundsvi Bit a i MAIL—1.0_DAYS W-..0 N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2401 Highway 10 f LEFT, BUT FAIL • MAIL SUCH NOTICE SHALL IMPOSE OBLIGATION OR $oundsview, MN 53112 `A 'Amur(OF I : =: Agenda Section: 6.B REQUEST FOR COUNCIL CONSIDERATION Report Number. 93-672C Report Date: 11-5-93 STAFF REPORT council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 0 Public Hearings M Consent Agenda ❑ Council Business Item Description: CERTIFICATION OF DELINQUENT UTILITY BILLS AID FORESTRY INVOICES Administrators Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary(attach supplement sheets as necessary:) SUMMARY; As part of the collection process the City certifies delinquent utility bills, forestry invoices (tree removals) , and weed removal invoices to Ramsey County for collection with the next years property taxes. The Council is required to hold a public hearing on the matter and to send written notice to persons having delinquent accounts. Attached is a list of delinquent accounts. Staff recommends that the Public Hearing be held at 7: 05 p.m. on December 27, 1993 . Enclosures: • • • • RECOMMENDATION: Donald Brager, ance Director Set a Public Hearing for 7 :05 p.m. December 27, 1993 to consider certification of delinquent utility bills, tree removal, and weed removal invoices to Ramsey County for collection with 1994 property taxes. The following list is the delinquent accounts which should be considered for certification on the property taxes for 1994 : UTILITY BILLS Donald Harrison 7069 Pleasant View Dirve (sewer/light) $ 290. 07 N. Standfield 8126 Woodlawn Drive (sewer/light) $ 109.81 John Engberg 3030 County Road J (street Light) $ 22 . 13 Linda Ecklund 7011 Pleasant View Drive (water is off) $ 292 .95 Frank Huelskamp & Peter Veldman 2430 Anthony Street $ 109. 07 South St. Paul, MN 55075 (street light) Dan Miller/Lomas Mortgage USA 2146 Terrace Drive (had final,empty) $ 310. 38 Timothy Schleifer 2908 Ardan Avene (empty) $ 274.84 Daniel Lamotte/Sheila Nevious 5387 Jackson Drive (empty) $ 422 . 41 Laura Brock/Source Ome Mtg 2158 Belle Lane (had final, empty) $ 306. 00 (Brock filed bankruptcy Jan-Apr 13 for $488 .73) Woodlawn Terrace 7635 Woodlawn Drive (by request) $ 1, 109.49 Woodlawn Terrace 7645 Woodlawn Drive (by request) $ 785.76 Woodlawn Terrace 7655 Woodlawn Drive (by request) $ 1, 255.90 Woodlawn Terrace. 2458 County Road I (by request) $ 1, 668 . 65 Woodlawn Terrace 2466 County Road I (by request) $ 1, 087 .71 Woodlawn Terrace 2508 County Road I (by request) $ 2,430.90 NOVEMBER 1, 1993 ACCOUNTS TO BE CERTIFIED PAGE 2 CONTINUED Woodlawn Terrace 7640 Edgewood Drive (by request) $ 2,230.90 TOTAL $12,706. 97 TREE REMOVAL OR WEED CUTTING R. Joseph Schovanec 7959 Sunnyside Road (tree removal) $ 290. 15 Mark S. Roman/HUD 2459 Sherwood Road (weeds) $ 246.43 Component Properties Glenn Thorpe Lot 9 & 10 Edgewood & Woodlawn (weeds) $ 190. 00 TOTAL $ 726. 58 . . -. 6.D Agenda Section: Il -,„--,a REQUEST FOR COUNCIL CONSIDERATION lor Report Number. 99-6740 Report Date: Council Action: 1 1-5-9 ll STAFF REPORT O Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 0 Public Hearings E Consent Agenda 0 Council Business Item Description: Declare Old Phone System Surplus and Sell to Executone Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. -Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; In February of 1993, the Mounds View City Hall central telephone system was replaced with one that could better accommodate the communication needs of the City. Since then, advertisements have been placed in the League of Minnesota Cities Bulletin and the City Newsletter in an effort .to sell the old system. Unfortunately there has been no response. However, the vendor of the new telephone system, Executone, is willing to purchase the old telephone system for parts. They would pay $250. The old telephone system is still functional but obsolete. It includes 34 twenty-eight button telephones and 1 fifty-six button attendant console and can handle up to 20 lines and up to 56 telephone stations. All stations have busy lamp field visual display as well as the capability to use the direct station selection feature. A &ligt,ik Tim Cruikshank, Asst. to City Admin. RECOMMENDATION: Declare old phone system surplus and sell back to Executone for $250. nda Section: 6. _. REQUEST FOR COUNCIL CONSIDERATION Repo Number. 93-675C ,STAFF REPORT Report Date: 11-5-93 Council Action: 0 Special Order of Business November 8, 1993 ❑ Public Hearings CITY COUNCIL MEETING DATE Consent Agenda 0 Council Business Item Description: APprove Step Adjustment for Dennis Hjelle, Part Time Custodian Administrators Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) TIMMARY; Dennis Hjelle, Custodian, has been working with the City since April, 1993 . In accordance with the City's 5 Step Compensation Policy, this position is due for a wage adjustment. • Mr. Hjelle is currently at Step 1, which is $6. 00/hour. His performance has been satisfactory and staff is recommending a wage adjustment to Step 2, $6. 38/hour. This adjustment is consistent with the 5 Step Pay Plan for this position. //004,111i Tim Cruikshank, Asst. to City Admin. RECOMMENDATION: Motion to waive the reading and adopt resolution No. 4444 approving a wage adjustment for Dennis Hjelle, Custodian. RESOLUTION NO. 4444 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR DENNIS HJELLE, CUSTODIAN WHEREAS, Dennis Hjelle is a part-time employee who began working for the City of Mounds View on April 28, 1993; and WHEREAS, Mr. Hjelle's work performance has met the responsibilities of Custodian as outlined in the job description; and WHEREAS, his work performance has been evaluated and has been satisfactory; and WHEREAS, a wage adjustment that is consistent with the City's compensation policy is recommended. . • NOW, THEREFORE, BE IT RESOLVED that.the Mounds View City Council hereby approve a wage adjustment for Dennis Hjelle from $6.00/hour to $6.38/hour effective 10/28/93. Presented this 8th day of November, 1993. (SEAL) Jerry Linke; Mayor • (ATTEST) Samantha Orduno, City Administrator " Agenda Section: 6.F ©uNos IlREQUEST FOR COUNCIL CONSIDERATION Report Number: 93-676C Report Date: 11-5-93 fEW STAFF REPORT Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 ❑ Public Hearings J7 Consent Agenda ❑ Council Business Item Description: Award Bid for City Newsletter to Nystrom Printing Administrator's Review/Recommendation: /�/y� - No comments to supplement this report lV kj - Comments attached. Explanation/Summary(attach supplement sheets as necessary.)___ SUMMARY; On Thursday, October 21 at 3:00 p.m. bids were received for the 1994 Printing Contract for the Mounds View City Newsletter. Three printing firms provided bids. Nystrom Publishing, who has been our printer for the last several years, was again low bidder. The specifications for the 1994 Printing Contract asked for separate bids for printing the City Newsletter with black ink and one color on the cover, and printing it with black ink and one additional color throughout the entire newsletter. Using two colors throughout the newsletter provides a greater ability to highlight and enhance areas of the newsletter and increases the readability and quality of the publication. The bids came in considerably lower than last year's bids. Nystrom's bid last year was $81.91 per page on a two color cover/black inside newsletter. This year, their bid was $72.79 per page on the identical specification and $88.48 per page on the two color throughout bid. Therefore, I recommend that we award Nystrom Publishing the 1994 Printing Contract based on the two color throughout bid of $88.48 per page or a total of $12,741.12. The 1994 Newsletter Specifications were based on four 32 page newsletters and two 8 page newsletters. /1 �a /moi -i//G, i Sharie Linke, Administrative Assistant Parks, Recreation and Forestry Department To award the 1994 Printing Contract to Nystrom Publishing Company for Bid #2 of a two color J ECOMMENDATION; throughout newsletter based on four 32 page and two 8 page newsletters at a cost of $12,741.12. Funds to be taken half from 100-4190-343-000 and 100-4350- 343-000 Agenda Section: 6.G owns REQUEST FOR COUNCIL CONSIDERATIONli Report Number:93-677C Report Date: 11-5-93 �C� ° STAFF REPORT Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE November 8 , 1993 ❑ Public Hearings 1 Consent Agenda ❑ Council Business Item Description: Purchase of Flexible Stakes Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Per the discussion at City Council Meeting, November 1, Staff would like authorization to purchase flexible stakes . These stakes are borrowed by our residents to mark their irrigation systems so Staff is aware of their locations during the snow plowing season. Public Works also uses these stakes to mark streets that historically have posed a problem with delineation of the road edge. The amount requested for this purchase is $2 , 000 . 00 . (Approximately $1, 700 . 00 for stakes and $300 .00 for freight and sales tax) A-V `-- ---/-4-----77-7-- Michael Ulrich, Public Works Supervisor RZECOMMENDATION; Purchase flexible stakes for the approximate cost of $2, 000 .00, to be funded from account number 100-4270-703 . Agenda Section:8.a, 7:05p.m J,`; REQUEST FOR COUNCIL CONSIDERATION if Report Number.93-6780 Report Date: 11-5-93 CS Vfn STAFF REPORT council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 (Z Public Hearings Q Consent Agenda 0 Council Business Item Description: Consideration of Major Subdivision Request, Doug Watson, Planning Case No. 37-93 Resolution No. 4442 , Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanatiop/Summary (attach supplement sheets as necessary.) SUMMARY; Doug Watson has made application for the subdivision of property located on the Southeast corner of County Road J and Coral Sea which would allow the creation of four (4) lots and one (1) outlot (please see attached map) . The property proposed for subdivision is approximately 26.55 acres in size and is currently zoned I-1, Industrial. The request, as proposed, meets all criteria for subdivision as outlined in Chapter 40 "Zoning" and Chapter 42 "Subdivisions" of the Mounds View Municipal Code. The Mounds View Planning Commission has reviewed this request and recommended approval in Resolution No. 369-93 . If approved, the proposal will help facilitate the acquisition of property necessary for the development of the Mounds View Municipal Golf Course. • If you have any questions, please do not hesitate to call. / -,1 Paul Harrington, City Plair RECOMMENDATION: Adopt Resolution No. 4442 Approving the Preliminary Plat of North Star Industrial Park, 2nd Addition MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 369-93 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MAJOR SUBDIVISION FOR DOUG WATSON, PLANNING CASE NO. 370-93 WHEREAS, Doug Watson has requested approval of a major subdivision for the property legally known as: THAT PART OF THE N 1/2 OF THE NW 1/4 OF S 5 T 30 R23 , RAMSEY CNTY, MN, LYING ELY OF THE FOLLOWING -DESCRIBED LINE: -COMMENCING AT THE NE CORNER OF SD N 1/2 , THENCE N 89 DEG 52 MIN 38 SEC W, ASSUMED BEARING, ALONG THE N .LINE OF SD N 1/2 A DIST 467 FT TO PT OF BEG; THENCE S 13 DEG 20 MIN 00 SEC W A DIST OF 1190 FT; THENCE S 12 DEG 10 MIN 00 SEC W A DIST OF 370 FT; THENCE S 48 DEG 00 MIN 00 SEC E A DIST OF 620 FT; THENCE S 21 DEG 30 MIN 00 DEC E A DI3OF FTI W92 FT TO FROM THEA SETON CORNEREOF SDNE N OF SD AND THERE DISTANT 363 .. 1 TERMINATING WHEREAS, the plat is shown as North Star Industrial Park, 2nd Addition, and dated May 14, 1987 and revised May 18 , 1987 ; November 11, 1987 and October 15, 1993 ; and WHEREAS, the Planning Commission has reviewed the applicant's request for a major subdivision that includes four (4) lots and one (1) outlot and found that it is in conformance with all applicable sections of the Mounds View Municipal Code; and WHEREAS, Outlot A as indicated on the Plat will be dedicated to the City of Mounds ''iew for use as ponding easement area. NOW, THEREFORE, BE IT : SOLVED that the Planning - - Commission of the City of Mounds :'iew recommends approval of the major subdivision request by Dou- Watson. Resolution No. 369-93 Page Two BE IT FINALLY RESOLVED .1aat the Planning Commission directs Staff to forward this_ resclution to the City Council prior to approval of the minutes. Adopted this 3rd day of Zovember, 1993 . ATTEST: Chairman (SEAL) Planner RESOLUTION NO. 4442 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORTH STAR INDUSTRIAL PARK, 2ND ADDITION PLANNING CASE NO. 370-93 WHEREAS, Doug Watson has requested approval of a major subdivision for the property legally known as: THAT PART OF THE N 1/2 OF THE NW 1/4 OF S 5 T 30 R23 , RAMSEY - _ -CNTY; MN, LYING ELY OF THE FOLLOWING DESCRIBED-LINE: _COMMENCING - - ---_-_ AT THE NE CORNER OF SD N 1/2 , THENCE N 89 DEG 52 MIN 38 SEC W, ASSUMED BEARING, ALONG THE N LINE OF SD N 1/2 A DIST 467 FT TO PT OF BEG; THENCE S 13 DEG 20 MIN 00 SEC W A DIST OF 1190 FT; THENCE S 12 DEG 10 MIN 00 SEC W A DIST OF 370 FT; THENCE S 48 DEG 00 MIN 00 SEC E A DIST OF 620 FT; THENCE S 21 DEG 30 MIN 00 SEC E A DIST OF 61. 92 FT TO A PT ON THE S LINE OF SD N 1/2 DISTANT 363 . 14 FT W FROM THE SE CORNER OF SD N 1/2 AND THERE TERMINATING WHEREAS, the plat is shown as North Star Industrial Park, 2nd Addition, and dated May 14, 1987 and revised May 18, 1987 ; November 11, 1987 and October 15, 1993 ; and WHEREAS, the Mounds View City Council has reviewed the applicant' s request for a major subdivision that includes four (4) lots and one (1) outlot and found that it is in conformance with all applicable sections of the Mounds View Municipal Code; and WHEREAS, the Mounds View Planning Commission has reviewed the requested subdivision and recommended approval in Resolution No. 369-93 . NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the major subdivision request by Doug Watson contingent upon the following: Adopted this 8th day of November, 1993 . ATTEST: Mayor (SEAL) City Administrator ,.. . Agenda Section: 8.b, 7:0 7 p.m. -laze Report REQUEST FOR COUNCIL CONSIDERATION Re rt Number. 93-679C -.J Report Date: 11-5-93 STAFF REPORT Council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 ® Public Hearings C Consent Agenda 0 Council Business Item Description: Consideration of Conditional Use Permit Revocation, John Engberg, Planning Case No. 304-90 Administrator's Review/Recommendation: 11 - No comments to supplement this report - Comments attached. Explanatiop/Summary (attach supplement sheets - • ssary.) UMMARY; Staff received the attached letter from the Mounds View City Attorney regarding the status of the Conditional Use Permit issued at 3030 County Road J. As requested by the Council, the attorney has obtained a statement from an individual who was involved in the construction of the free- standing garage on the property. The City Attorney has informed the attorney representing the property owner that the statement must be in affidavit form to be acceptable to the City. That affidavit is expected to be received shortly. The City Attorney has also included documentation of a similar case which may provide the City Council further direction: in this matter. The City Attorney will be present Monday evening to discuss the implications of the materials that have been provided for review. . Paul -iarrington, City lanner RECOMMENDATION: Staff awaits Council direction in this matter. NOV 04 '93 16 14 HOLMES & GRAVEN P.2 HOLMES & GRAVEN CHARTERED Atforosys at LAW JOHN M.LEFIPRE..it. 470 PWWbury Center,Mlnaeepells,Mlaaetots 33403 RON>t=T J.Luvt)ALL ROBERT A.ALSOP (613)337.4900 Luau 1C.MoULT RONALD H.RAM f2Aipsw L.P RTWOOD STHtPtwt J.BIOSUL Baa to ne(612)337-9310 JAMES M.STROMMZN JOHN L DEAN JAMESJ.THOMSON..1R. N7ARY G•DoROGIR LARRY M.WERTHEI! STEFANIE N.GALET BONNIE C.Wks COMM A.REM GARY P.`iYIRTEA IA=S.Somas WRITER'S DIRECT DIAL DAVID L GRAVEN(HOR.i49I) DAw'SOJ.KENNEDY 337-9209 JOHN .LAmON o!COMMWELLINGTON H.LAS RORIERT C.CAWON CHARLES L.1,EPEVER£ RORER?L DAMSON Roma r.LONG November 4, 1993 Paul Harrington City Planner City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Engberg CUP Matter Dear Paul: Mr. Engberg's attorney informs me that he will deliver to me either late today or early tomorrow at least two affidavits stating that the work on the garage was done prior to the August, 1988 revision of the zoning ordinance. He has provided me with a handwritten statement from a person who did carpentry work on the garage in the spring of 1987. I am enclosing that statement with this letter. I have informed Mr. Engberg's attorney that the statement needs to be in an affidavit format. It is my opinion that the garage on the Engberg property is a lawful nonconforming use if it was constructed before August, 1988. Even though the work was done without a building permit, the Minnesota Court of Appeals has ruled that violation. of ordinances unrelating to land use do not render nonconforming uses unlawful. In Hooper v. City of.St. Paul, 353 N.W.2d 138 (Minn. 1984), a copy of which I am enclosing with this letter, the court ruled that the building code is not a land use ordinance and therefore violation of-the building code does not affect-lawful_ nonconforming use status. The city's remedies for such a violation are the remedies that are available under the building code itself. If you have any questions concerning this matter, please feel free to contact me. ei. e . Thomson JT:jes Enclosure cc: Samantha Orduno (w/enclosure) JJT61096 247125-16 NOV 04 '93 16:15 HOLMES & GRAVEN P.3 AHLQUIST LAW OFFICE A Professional Association 218 Roseridge Office Building 1611 West County Road B • `-rg ( Roseville,MN 55113-4054 November 1, X993 `�� I �Q� K - -)7 Tl�lephone:(612)636-4266 Mr. James J. Thomson ' /993 Facsimile; (612) 636-4259 Holmes & Graven 470 Pillsbury Center Minneapolis, MN 55402 FAX: (612) 337-9310 Re: Your Client --City WI Client - John and Rhonda Engberg Our Ref: 922348-920001 Dear Thomson: Forwarded herewith is a very brief statement from Mr. Rick Zabaske, which I believe satisfies the City's request for verification that the Engberg's garage - accessory building was constructed prior to the August 1988 revision of the subject zoning ordinance. Please advise as to whether further elaboration or certification of same shall be necessary. Thank you for your attention to this matter. Please advise as to the City's position. Sincerely, sk • Cl :e C. Ahlquist A tarney at Law cc: John and Rhonda Engberg MOL.NDSVIEW PLUG P.4 ' NOV 04 '93 16:15 HOLMES & GRAVEN P0; • • • io To t r-/o rt,t / fi' eLi ��-� CO ti /2. 1c sic c LA) t'Z tt-L s> cr�� =' Ur- �? s L iJt ) CP'1.4c 1..)7" ...y . 14 'U( L�. t> i 7. • = `� S - o 12_(1 NOV 04 '93 16:15 HOLMES & GRAVEN C + 138 Minn. 353 NORTH WESTERN REPORTER, 2d SERIES (e) The age, and the physical and em, _. udy, she must obtain a masters degree ti•nal condition of the spouse seeki w 'ch will require two years of gradua m:'ntenance; stu. , Although Barbara was gran -. ; ( The ability of the spouse• orn physi..: custody of the parties' two y• • g who.. maintenance is sought to me t his daugh : -, both are enrolled in scho and n_-•: while meeting those of the pouse will be : their father's care hal' of the seeki maintenance; and time. He e, although it is I g that (g) _ e contribution of each .: y in Barbara r-« ive maintenance ile she is the • uisition, preservation, deprecia- working on h. advanced de: ee and seek- tion;or-appreciation--in-the--.. bunt or ingemploymen . nothingin -e condition or- -- - value of e marital propert , as well as circumstances o the child•=n suggests that the con• ution of a spous as a home- it is appropriate f. Bar to delay for an maker, extended period t co• pletion of her edu- Minn.Stat. § 18.552 (1982). cation and her en• nto the work force. (21 Each ase must be decided on its In view of the Len+ of the parties' mar- own facts an• no single :tatutory factor nage(about five y Barbara's relative- own : for determinin•• the or amount of ly young age an ge, y sound health, M, maintenance is •'-pos. ' e. E�dandson v and the fact th a . ' urn of two years :, Eriandson, 318 , .W. , 36,38(Minn.1982), of study is re aired for n advanced da gree,we cone de that an a • d of maiate- g ; (3) We affirm th trial court's $1,000 nance for a period of five ears affords monthly mainte•- . award. Following Barbara a le time to comple - her studies f ' the parties' dissol on, Barbara's income and to a • ire suitable emplo merit. Un- will drop to $7,300 .•r year—$5,600 inter- der the a sting circumstances ;• award of ', est income from ' sting the cash settle- mainten: .ce for a period Longe than five ' merit she will - -i - and $1,700 income years is n abuse of discretion. -' cording- ; ., from a family t. at. Even with the $800 ly, we remand to the trial court ith di,ri per month chilisup. rt award, Barbara rectio.a to reduce the duration of = main- • will need an ad 'tions 18,100 to meet her award from ten years five annual living xpenses of $30,000. Bar- _ 's ' bars lacks s ►cient pro - y and is other- ye -Al f. wise Curren unable • adequately sup. ( Attorneys' fees are awarded to ei- port herself. Richard, o, the other hand, the Party. has a mon ly net incom of $5,000 and ffirmed in part, reversed,in part, an; monthly li ng expenses 'f $2,500. The manded. r.1 court pro.-rly found that tit was able to provide :intenance to- : bars.- The iIIITcourt's a and of$1,000 per , onth was wellONw18ElSr$TEM Within - courts discretion. [4] • lthough we affirm .• amount of . the m•; thly maintenance aw: d, the 10- year d. .tion of the award has •o relation- Man HOOPER, et al., Appellants. .d.V7. :i ship • either the underlying ba is for the v. j swat of maintenance or the Y fora tele- . The CITY OF ST. ,PAUL and the City van to its duration.. The propri ty of an Council Thereof, Respondents, ! ti aw:- • of maintenance to provide or Bar- ba•:'s reasonable needs while she obtains No, C8-83-987. e .loyment skills and enters the labor • .lr m ket is beyond dispute. Otis v. 0 -• 299 Supreme Court of Minnesota. ,1 W.2d 114 (Miars.1980), Barbara is a :32- Aug. 24, 1984. y ar-old college graduate who is caps, a of ployment. In order to pursue a ca ear Fee owners and contract vendee in social work, her undergraduate fie'. of brought suit for declaratory iudgmar.t that �� —view OV 04 '93 16 16 HOMES & GRAVEN WE 1 HOOPER v. CITY OF ST. PAUL Minn. 139 masters degree Cue ns 353 x.Wsd las Nam. 19a4l use of each of two structures as single- entitled owner to lawful conforming use 1 era of graduate family dwelling constituted valid noncon- status under zoning code. k was granted forming use under zoning code. The Dis- ;,rties' two young trict Cour, RamseyCount 5- Zoning and Planning08;,27108;,271t ad in school and y, E. Thomas :are half of the Brennan, J., declared that use of premises In context of land use planning,lawful is fitting that for any purpose other than occupancy by ' refers only to those uses which comply ice she is single family was unlawful, and plaintiffs with existing zoning status. ace while and seek- appealed. The Supreme Court, Coyne, J., 6. Zoning and Planning X271 the condition or dualeld that continuous use of property as Violations_of-ordinances--unrelated to n suggests thaty residence for approximately . use land use planning do not render the type of to delay for alt five years prior to change in zoning classifi- .ion of her dtr cation from duplex to single-family resi- `tnlawfuI. she work force. deuce entitled owner to lawful conforming Syllabus by the Court use status under zoning code.ne parties' mar- 1. Continuous use of property as dual ,'hara's relative- Reversed. sound health, family residence for approximately five m of two years years prior to change in zoning classifies- n advancede- I. Zoni tion from duplex to single family residence ng and Planning aD323 entitled property owner to lawful conform- sward of mainte- Uses lawfully existing at time of ad- ing use status under provision of St. Paul 'e years affords verse zoning change may continue to exist Zoning Code, ,lete hes studies until they are removed or otherwise discon- ployment. Un- tinned. 2. In the context of land use plan- :es an award of ning, lawful use refersonly to those uses anger than five 2. Zoning and Planning x414 which comply with the existing zoning ata- .ion. According- Residential zoning ordinance may con- mss' court with dr stitutionally prohibit creation of uses whichion of the main- are nonconforming, but existing noncon- Kenneth E. T4lsen, St. Paul, for appel- years to five forming uses must either be remain or be eliminated by use of eminent lo ents. +warded to nei- domain. Edward Starr, Jerome Segal, St. Paul, for respondents. 3. Zoning and Planning e'323 fed in part, and Statement in general provisions of zon- Heard, considered, and decided by the • ing code that"It is the intent of the code to court en bang permit legal nonconforming ' * uses ex- COYNE,Justice. fisting on the effective date of this code or - amendment thereto, to continue until they Plaintiffs David and Mary Brewer,as fee • are removed but not to encourage their Owners, and Hooper, as contract survival" creates presumption that use is vendee,instituted this action for a declarer • legally nonconforming use if it is demon- rosy judgment that the use of each of two iypellants, strafed by clear and convincing evidence structures situated on property commonly either that use was established pursuant to known as 387 Pelham Boulevard in St.Paul find the Citybuilding permits issued by city or that use as a single family dwelling constitutes a pondanta, had been in existence continuously for at valid nonconforming use under the Saint least 20 years prior to effective date of Paul Zoning Code. They appeal from the rezoning. judgment of the Ramsey County District nesota. Court declaring that use of the premises 4. Zoning and Planning'a 323 , for any purpose other than occupancy by a Continuous use of property as dual single family is unlawful. We reverse° family residence for approximately five The property in question is a large,irreg- ,.t.ract Vendee years prior to change in zoning classifies- ulariy shaped lot on which two separate 'judgment that tion from duplex to sin►le-fanu'ly rouieldnoe G ctu�•es—a main house and carriage ' OV 04 '93 16:17 HOLMES & GRAVEN P.7 7, 1 140 Minn. 353 NORTH WESTERN REPORTER, 2d SERIES f house—are situated. I;n 1918 Edward ing use status and reversed the administra- Brewer, plaintiff David Brewer's father tor's ruling. The board's determination 1 I and a well-known local artist, moved the was affirmed by the St. Paul City Council former darnkeeper's house from the bank and ultimately by the district court. of the Mississippi River to the property and (1,21 It is a fundamental principle of placed it on a foundation he had construct- the law of real property that uses lawfully ed. Brewer then had a carriage house existing at the time of an adverse zoning built Although Brewer had secured a per change may continue to exist until they are mit for the construction of the foundation removed or otherwise discontinued. &A E. of the main house, it appears that he built McQtullia,Municipal Corporations, § 26.- the carriage house without a building per- 180(3d ed. 1976). As we held in County of mit. A 1922 assessor's card is, however, Freeborn v. Claussen, 295 Minn. 96, 99, attached to the foundation permit. The 208 N.W.2d 323,325(1972), la] residential assessor's card variously identifies the car zoning ordinance may constitutionally pro- . riage house as a single dwelling/studio hibit the creation of uses which are noncon- with stone and s "studio-apt-&-gar." forming,but existin nonconforming-uses— , . ser, . Until Edward Brewer's death in 1971,the must either be permitted to remain or be carriage house had served primarily as the eliminated by use of eminent domain", cit. artist's studio. The apartment had been ing Hawkins v. Talbot, 248 Minn. 549, 80 used as living quarters only during a pen- N.W.2d 868 (1957). t od in the 1920's when workmen used it as (3] In keeping with this principle, the part time housing and,again, from 1989 to St. Paul Zoning Code includes this state- 1941 when David Brewer resided there ment in its general provisions: "It is the while attending college. intent of this code to permit legal noncom,. In 1969 a fire caused severe internal forming ' ' ' uses existing on the effec- damage to the carriage house, Restoration tive date of this code or amendment there- work, accomplished without a building per- to, to continue until they are removed but ' mit, was completed about the time of Ed- not to encourage their survival." St. Paul f Iward Brewer's death. David Brewer pur- Zoning Code§ 62.102,subd. 1 (1981). This chased the property in 1911. and from that section also creates a presumption that a time forward the carriage house has served use is a legally nonconforming use if it is as the residence of a succession of tenants. demonstrated by clear and convincing evi- The carriage house was further improved dente either that the use was established . 4} pursuant to a 1975 building permit author pursuant to building permits issued by the I.t fixing the alteration of "existing servant's city or that the use had been in existence '' .,, quarters.�� continuously for at least 20 years prior to On December 13, 1976, the zoning class'- the effective date of rezoning. fication of the property was changed from The district court construed this provi- duplex to R-3 single family residence. In sion to preclude the continuance of any 1981 Brewer applied for a certificate of nonconforming use except a use which ei- legal nonconforming use for the carriage titer had been established pursuant to a house. In the application he affirmed that building permit or had existed for 20 years. i i. : existence more than 20 years. The zoning casts grave doubt on the validity of the i administrator approved the application. zoning code because it fails to honor the One of Brewer's neighbors requested re- constitutional protection afforded existing view of the administrator's decision pursu- uses. County of Freeborn v Claussen, ant to St.Paul Zoning Code§ 64203(1981), supra. Moreover, reference to other sec- .[. and a public hearing was held. The board tions of the zoning code confirms that of zoning appeals concluded that the prop= § 62.102, subd. 1, simply creates a pre- "'` erty was not entitled to lawful nonconform- sumption that certain nonconforming uses I t 1 • MEYER v, ILLINOIS FARMERS INS. GROUP Minn. 141 CM.u 353 N.W2d 141 (Mbu*.App. 1984) i E } r are lawful without prohibiting the continu- the City argues, its use as a residence was .Flt 1' ante of other existing uses. unlawful both before and after the zoning ! i change.St. Paul Zoning Code § 62.102, subd. 5, deals with nonconforming uses and e claus 8, which was added to subdivision 5 ' E5,6l The general rule that only exist- ' 1980, refers specifically to existing two- ins lawful uses are entitled to due process family use; residentialprotection as nonconforming uses is direct- ed primarily to the protection of uses estab- 1 ' tures and land If a lawful use of a lished in compliance with then existing son structure, or of structure and land ing classifications. County of Freeborn V. cicz -295 Mu' � . ,-�99, zos�u.w.2a mbinati coon, exists at the effective date 823, 825 (1972). Violations of ordinances 1 f of adoption or amendment to this code, unrelated to land `i use planning do not ran- • that would-not be allowed in the district ; ,; I under the terms of this code, the lawful der the type of use unlawful. See Carroll use may;be continued so long as it.re- N Y03 Il1.App19 984, 59 I11.Dec. mains otherwise lawful, subject to the 1 lectrnen of n a,E.2d 1844 (1982); Board of Se- ainsin g provisions: Wrentham Monson, 855 '1 ! • . . + Mass. 715, 247 N.E.2d 364 (1969), If the ; i (8) In any It-1, R-2, R.g, and R-4 Dig- reconstructed carriage house fails in some respect to meet the requirements of the I trict, an existing two-family residential building code, the City must seek its reme- use shall not be nonconforming as to the• dy in the enforcement provision of the a use of structure and land, and may be enlarged, extended, reconstructed or al- building code. The City's remedy does not lie in denying the owners the right to - ' tered provided the minimum yard set- g COa back requirements of the district in time the existing two-family residential which it is located are met and that the use of the property, a use permitted under • maximum percentage of the lot occupied eO�g code in effect when the use was by the main building does not exceed esstt abblished. that allowed. Reversed. (emphasis added). (4] It is undisputed that the carriage o Srirwptpesritlu house has been rented and used.continu- ously as one of two separate residences on , the property since 1971. It is also undis- puted that until 1976, when the property � was rezoned to R-3 single family resider- . `i• tial, this two-family use conformed with its ,t duplex zoning.classification. According to Patricia MEYER, Appellant, •the provisions of § 62.102, subd. 5(8), the V. continued use of the carriage house as a ILLINOIS FARMERS INSURANCE second residence on the property is a con- GROUP and Harvey Meyer, . forming use which may be reconstructed or Respondent altered to the same extent as any other conforming use rather than a disfavored No. C1-434-0274. ononconforming use whose survival is dis- Court of Appeals of Minnesota. yr couraged. The Coy contends, however, Aug. 21, 1984. that the use of thi carriage house as a residence was neveir lawfully established because the Brewers did not obtain build- Action was commenced by woman in- ing permits for either the original construe- jured in one-car collision while a passenger tion or the post-fire reconstruction. Hence, in family car seeking underinsurance bene• I 1 . .•' Agenda Section: 8.c Jas REQUEST FOR COUNCIL CONSIDERATION Report Number. 93-680C 'STAFF REPORT Report Date: 11-5-93 Council Action: O Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 C Public Hearings G Consent Agenda O Council Business Item Description: Consideration of Variance and Site Plan Approval (Parking) , Robert's Off 10, Planning Case No.636-93, Resolution No. 4443 Administrator's Review/Recommendation: ' - No comments to supplement this report U - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) UMMARY; As directed by the Council at their November 1, 1993 Work Session, Staff has prepared the attached resolution for consideration regarding the request for parking expansion at Robert's Off 10, 2400 County Road H2. For Review: The request, if approved, would allow the scaling down of a City required berm along the West property line (Edgewood Drive) and approve the addition of impervious surface (parking area) . The request also included a variance for the placement of parking area at a zero side yard setback. The variance has been reviewed according to Mounds View Municipal Code requirements and approved by the Mounds View Planning Commission. The berm in question was required by an action of a previous Council in response to adjacent property owners concerns relating to screening of the parking area. The applicant would like to reduce the berm by approximately 1/3 to 1/2 in height. and relocate it closer to the Edgewood Drive right-of- way. Due to the previous Council action, any alteration of the berm is subject to City Council review and approval. Please note that the attached resolution includes a number of conditions which were agreed to by the Council. In particular, requirements that 1) the applicant enter into a hold harmless agreement with the City to address concernswithsnow- removal from the site -and adjacent streets as well as - utility maintenance. 2) the re-configured berm be landscaped according to City Forester recommendations outlined in his memo dated October 26, 1993. And 3) the applicant install and maintain a rate control structure, as recommended by the Mounds View Consulting Engineer, to ensure that no increase in the rate of stormwater discharge from the site takes place. If you have any questions regarding this item, please do not hesitate to give me a call. P arrington, Cit/'lanner RECOMMENDATION: Adopt Resolution No. 4443 approving on site parking expansion for Robert's Off 10, 2400 County Road H2 . RESOLUTION NO. 4443 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE EXPANSION AND ALTERATION OF THE ON-SITE PARKING FACILITIES AT ROBERT'S OFF 10, 2400 COUNTY ROAD H2 , PLANNING CASE NO. 363-93 WHEREAS, the Mounds View City Council has reviewed the request of Robert' s Off 10 for approval to allow an expansion of the on-site parking facilities at 2400 County Road H2 ; and WHEREAS, the City Council has reviewed the site plan provided by the applicant dated July 21, 1992 , revised September 18, 1993 , October 20, 1993 and October 23 , 1993 ; and WHEREAS, the applicants property is subject to parking requirements set forth in Chapter 40 of the Mounds View Municipal Code; and WHEREAS, the applicants request would allow the alteration of a previously approved berm required for screening purposes; and WHEREAS, the request would allow the property owner to maximize the on-site parking on the property. NOW, THEREFORE, ' BE IT RESOLVED that the Mounds View City Council approves the request of Robert's Off 10 for the expansion and alteration of the on-site parking facilities at 2400 County Road H2 contingent upon the following: 1) The applicant shall enter into a hold harmless agreement with the City to address concerns with snow removal and utility maintenance. 2)- Landscaping- on the site shall be provided as shown on the Site Plan dated July 21, 1992 and revised September 18, 1993 , October 20, 1993 and October 23 , 1993 , and according to the recommendations of the City Forester as outlined in his memo dated October 26, 1993 . A cash surety in an amount acceptable to the City Forester shall be provided to ensure plantings are completed according to the aforementioned Plan. Resolution No. 4443 Page two 3) The applicant shall install and maintain a rate control structure, as recommended by the Mounds View Consulting Engineer, to ensure that no increase in the rate of stormwater discharge from the site takes place. Adopted this 8th day of November, 1993 . ATTEST: Mayor (SEAL) City Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 370-93 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A REDUCTION IN THE REQUIRED SIDE YARD SETBACK FOR PARKING PURPOSES AT 2400 COUNTY ROAD H2, PLANNING CASE NO. 363-93 WHEREAS, the Mounds View Planning Commission has reviewed therequestof Robert's Off 10 for a variance to allow a reduction in the required side yard setback for parking purposes at 2400 County Road H2; and WHEREAS, the applicant's property is subject to parking requirements set forth in Chapter 40 of the Mounds View Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the Planning Commission has considered the hardship which exists on the entire neighborhood as a whole; and WHEREAS, the literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code; and WHEREAS, the special conditions of the property do not result from the actions of the applicant; and WHEREAS, granting the variance would not confer special privileges on the applicant that are not enjoyed by other property owners in the same district; and WHEREAS, the variance requested is the minimum necessary to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission approves the request of Robert's Off 10 for a reduction in the required side yard setback for parking purposes at 2400 County Road H2 subject to the following conditions: 1). A rate control structure, as recommended by the Mounds View Consulting Engineer, shall be installed to maintain existing discharge rates on the site. m. Resolution No. 370-93 Page Two 2) The property owner shall not plow any part of the parking lot to the East boulevard (Greenfield Avenue) . 3) The property owner shall enter into a hold harmless agreement with the City. 4) A six foot high, board-on-board fence shall be constructed and maintained by the property owner along the entire length of the southern-most property line. Adopted this 3rd day of November, 1993 . ATTEST: Chairman (SEAL) Planner Agenda Section: 9•A REQUEST FOR COUNCIL CONSIDERATION Report Number. 93-681C MR-CS Report Date: 11-5-93 STAFF REPORT Council Action: EA' Council Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 0 Public Hearings G Consent Agenda C Council Business Item Description: Consideration of Resolution No. 4445 Approving the Master Plan for the Golf Course Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanatiop/Summary (attach supplement sheets as necessary.) SUMMARY; The Golf Course Task Force has finalized the plans for the design of the proposed golf course and the architect has prepared the Master Plan which details the T's, greens, fairways, bunkers and other design elements. The Master Plan will serve as the framework from which the course will be constructed. Paul Miller, the project architect from Williams/Gill and Associates, will be present Monday night to present the Master Plan to the Council. Approval of the Master Plan will signify another step in the direction toward comp - - 'on of a nine hole Executive golf course in Mounds View. • 63144-, a(--uttf-u-49-- Saman - a Ordu • , City Administrator RECOMMENDATION: Motion to waive the reading and approve Resolution No. 4445 Approving the Master Plan of the proposed golf course as submitted by Williams/Gil __ and Associates on November 8, 1993 . RESOLUTION NO. 4445 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE MASTER PLAN FOR THE PROPOSED MOUNDS VIEW GOLF COURSE WHEREAS, the Golf Course Task Force was directed by the City Council to develop the design for a nine hole executive golf course and driving range within the City of Mounds View; and WHEREAS, the Golf Course Task Force has been working with representatives from Williams/Gil and Associates to determine the best possible design for the proposed course; and WHEREAS, over the past 18 months, the Task Force has reviewed several concept plans, preliminary plans and two draft Master Plans to develop a challenging, exciting and economically successfully golf course; and WHEREAS, the Golf Course Task Force has finalized the Master Plan for the course and has concluded from its deliberations and consultations with the architect and representatives from Effective Golf Course Systems that the Master Plan presented to the City Council on November 8, 1993 represents a golf course and driving range design that has all the elements of a successful economic, recreational, and social venture. THEREFORE, BE IT RESOLVED THAT, the City Council in and for the City of Mounds View does hereby approve the Golf Course Master Plan as submitted by the Golf Course Task Force and Williams/Gil and Associates on November 8, 1993 . Adopted this 8th day of November, 1993 . ATTEST: Mayor (SEAL) City Administrator • Agenda Section: 9.13 REQUEST FOR COUNCIL CONSIDERATION Report Number.93-682C Report Date: 11-5-93 • STAFF REPORT Council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 0 Public Hearings ❑ Consent Agenda Council Business Item Description: Consideration of Resolution No. 4446 Relating to the Financing of a Muni_cipa]_ Golf Course Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The attached Resolution outlines the conditions by which the City may utilize proceeds from Tax Increment Financing District No. 2 . in a short term loan to fund the purchase of Lot 16, Block 2 of Blaine's Northstar Industrial Park. Purchase of the Lot is an integral part of the-development of the proposed golf course and practice range. The Resolution defines the permitted uses of funds which were established when the District was created. Using the funds for clearly defined recreational purposes, such as the development of the golf course, is consistent with the intended purposes of the District. The Resolution also provides authorization to proceed with the purchase of the land at a purchase price of $204, 504.90. The money used to purchase the land will then be .reimbursed to the TIF District No. 2 fund from the proceeds of the proposed Revenue Bond Sale slated to take place next month. The reimbursement will be made after the construction bids are awarded for the construction of the golf course and driving range. It must be noted that should the bids come in higher than anticipated, the proceeds to be, reimbursed to the TIF District No. 2 fund will be decreased by the amount-that.. the--bids- are over the estimated construction expenses. _ The City does not anticipate that this will occur as the project architect has a long history of bringing projects in at or under budget and the construction costs have been discussed, revised and reviewed by several professional sources prior to finalization. The Task Force is confident that the pr. . - t bids will be within the estimated costs. 0-eneV Sam , City ,. tha Ordu o Adminis ator RECOMMENDATION: Motion to Waive the Reading and Approve Resolution Nu. 4446 Relating to the Financing of A Municipal Golf Course of the City EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, MINNESOTA Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Mounds View, Minnesota, was duly held in the Mounds View City Hall on November 8, 1993, commencing at 7 :ao P.M: ,—C.T. The following Councilmembers were present: and the following were absent: *** *** *** During said meeting introduced the following Resolution, the reading of which was dispensed with by unanimous consent of the Council, and moved its adoption: RESOLUTION NO. 4446 RESOLUTION RELATING TO THE FINANCING OF A MUNICIPAL GOLF COURSE OF THE CITY BE IT RESOLVED by the City Council (the "Council" )-of the City - - - - 0 " " 1 . Recitals . It is hereby determined: (a) Pursuant to Minnesota Statutes, Sections 471. 15 to 471. 19 , the City owns and operates various public recreational facilities and, after studying the feasibility thereof, has determined to acquire, develop, equip, furnish, operate, and maintain a certain 9-hole municipal golf course, including a driving range, clubhouse, and related facilities (collectively, the "Golf Course" ) , and the costs of completing and financing the Golf Course and currently estimated at approximately $3,090,000 . 1 (b) The City is authorized pursuant to Minnesota Statutes, Section 471. 191, to acquire and complete the Golf Course and to finance the same through the issuance of the City's gross revenue golf course bonds (the "Bonds" ) , and the Council hereby finds that it is necessary and expedient to the sound financial management of the City that the City do so. (c) The City has heretofore established its Development District No. 2 (as amended, the "Development District" ) which includes the property to be developed as the Golf Course, has adopted the Development Program for the Development District (as amended, the "Development Program" ) and has established and modified a Tax Increment Financing District and Plan No. 1 within the Development District (ccl-leetively, the "Tax Incremennt District" ) . The Development Plan contemplates the use of tax increments to assist with land acquisition and in the financing and construction of various facilities and improvement, including recreational facilities, to complement development of the City, is a stated objective of the Development Program and, by reference and incorporation, of the Tax Increment District. (d) In connection with the completion of the Golf Course, the City anticipates acquiring various properties, including Lot 16 in Blain's North Star Industrial Park Addition ( "Lot 16 " ) at an estimated purchase price of approximately $204,500 . It will be advantageous for the City to' acquire Lot 16 in advance of the actual sale of the Bonds, which is currently anticipated to occur in December 1993 for closing in January of 1994 . 2 . Authorization. The Council hereby authorizes the officers of the City to complete the acquisition of Lot 16 and, as a temporary loan to be repaid from the proceeds of the Bonds, to utilize available tax increments within the tax increment account for the Tax Increment District in order to complete said acquisition and purchase. The Council hereby finds that said use of such tax increments is consistent with an in furtherance of the Development Program and within budgetary parameters heretofore approved and adopted by the Council with respect to the financingo - - . .- . ."- . It is further found by the Council that the completion of the Golf Course will be in furtherance of the goals and objectives of the Development Program, will complete and provide needed recreational facilities with respect to other activities and improvement undertaken within and fore the benefits of the Development District, and will assist in providing needed amenities for the further development and redevelopment of the City and Development District. Adopted on November 8, 1993, by the Mounds View City Council. 2 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: Whereupon said resolution was declared duly passed and adopted. 3 City Clerk-Administrator's Certificate I, the undersigned, being the duly qualified and acting City Clerk-Administrator of the City of Mounds View, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full,-true-and-complete-transcript-therefrom insofar as the same relates to the financing of a municipal golf course of the City. WITNESS my hand as such City Clerk-Administrator and the official seal of the City this day of , 1993 City Clerk-Administrator (SEAL) 4 Agenda Section: 9.0 J2NEs REQUEST FOR COUNCIL CONSIDERATION Report Number. 93-683C ,,STAFF REPORT Report Date: 11-5-93 council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 0 Public Hearings ❑ Consent Agenda R7 Council Business Item Description: Consideration of Resolution No. 4447 Establishing Procedures to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The attached Resolution outlining the procedures by which the City will comply with the recently revised IRS Regulations relating to "Reimbursement Bonds". The Resolution sets up a program and adopts a form of official intent declaration which can be used for any project. Once the Resolution is adopted, the form of declaration for the golf course project can be completed and executed within 60 days of the authorized expenditure. The Resolution will provide the legal mechanism by which the City may reimburse the TIF District No. 2 fund from the proceeds of the Revenue Bonds for the purchase of Lot 16, Block 2, Northstar Industrial Park. The attached resolution was prepared by the City's Bond Counsel, Jim O'Meara and meets all federal and state requirements for the stated purpose. Sama ha Ordu,o, Cit Administr or RECOMMENDATION: Motion to Waive the Reading and Approve Resolution No. 4447 Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code RESOLUTION NO. 4447 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Mounds View, Minnesota (the "City") , as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1. 150-2 (as the same may be amended or supplemented, the "Regulations") , dealing with "reimbursement bond" proceeds, being proceeds of-the-City's bonds-used-to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the city make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment) . (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to- the-date -of such payments. 2 . Official Intent Declaration. e *egu a , • - • _ in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Clerk-Administrator or City Finance Director to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. RESOLUTION NO. 4447 PAGE TWO OF TWO (b) Each Declaration shall (1) contain a reasonably accurate description of the "project" , as defined in the Regulations (which may include the property or program to be financed, as applicable) , to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect to issue reimbursement bonds to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council sh Ilse advised-from–t me to–time–on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made declarations. 3 . Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4 . Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions) , and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this 8th day of November, 1993 . ATTEST: Mayor - (SEAL: City Administrator EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting City of the City of Mounds View, Minnesota (the "City") , pursuant to and for purposes of compliance with Treasury Regulations, Section 1. 150-2 (the "Regulations") , under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Mounds View City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2 . This Declaration relates to the—following projec property-car program (the "Project") and the costs thereof to be financed. 3 . The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the City after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ is the maximum principal amount of the Bonds which will be issued to finance the Project. 4 . Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1. 150-2 (d) (3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. IN WITNESS WHEREOF, the undersigned has executed this Declaration on behalf of the City this day of 1993 . City City of Mounds View, Minnesota CERTIFICATION The undersigned, being the duly qualified and acting City Clerk- Administrator of the City of Mounds View, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting of the Council held on , 1993 . Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly held. Councilmember moved the adoption of the Resolution, which motion was seconded by Councilmember A vote being taken on the ration, the f-orlowing members of—the Council voted in favor of the motion to adopt the Resolution. and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Clerk-Administrator of the City of Mounds View, Minnesota, this day of 1993 . City Clerk-Administrator City of Mounds View, Minnesota REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 9.E JaLOS Report Number. 93-685C Report Date: 11-5-93 STAFF REPORT �� council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE November 8, 1993 0 Public Hearings ❑ Consent Agenda ❑ Council Business Item Description: Introduction and Consideration of Ordinance No. 531 Amending Chapter 70 "Municipal Water System" of the Mounds View Municipal Code Administrator's Review/Recommendation: - No comments to supplement this report / - Comments attached. Explanatiop/Summary (attach supplement sheets as necessary.r UMMARY; Following discussion at the City Council Work Session of November 1, 1993, Staff has prepared the attached Ordinance amendment for consideration by the Council. The consideration of this Ordinance is in response to residents' comments regarding the necessity for twice a year -testing for private wells. Currently, Chapter 70 of the Municipal Code (which governs the municipal water system and residential wells) allows existing buildings on properties which are not adjacent to municipal water mains to utilize on-site wells for water service. However, Chapter 70 does require that the properties which do utilize on-site wells submit certified test results to the City indicating levels of coliform and nitrate nitrogen. These test results are required twice per year (October and April) . The City originally adopted the testing requirement in the general interest of health, safety and welfare of all residents within the City. Currently, the City has a record of six (6) properties which utilize wells and are subject to the testing requirements. Both the Ramsey County Department of Health and the Minnesota Department of Public Health feel that testing once per year is adequate to monitor the water quality of wells. The proposed Ordinance would amend Chapter 70 to only require testing one time per year. That testing would take place in April of each year. ,._ �' 7 Cit B'l Paul Harrington, y anner RECOMMENDATION: Motion to waive the reading and formally introduce Ordinance No. 531 amending Chapter 70 of the Mounds View Municipal Code. ORDINANCE NO. 531 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF MOUNDS VIEW BY AMENDING CHAPTER 70 ENTITLED "MUNICIPAL WATER SYSTEM" The Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 70. 01 (B) , Subdivision (2) is amended as follows: "Testing Required. The owner of any property exempted under 70. 01 (B) , Subdivision (1) , shall be required to submit copies of certified test results to the City showing the well serving the property to have coliform organisms (mpn) of less than 1. 1 per 100 ml and to have less than 0. 01 mg/liter of nitrate nitrogen. Tcsting shall be required twice each year, once during April and once during October street. Testing shall be required in April of each calendar year. Read by the City Council of the City of Mounds View on November 8, 1993 . Read and passed by the City Council of the City of Mounds View this day of November, 1993 . ATTEST: MAYOR (SEAL) ADMINISTRATOR APPROVED AS TO FORM: CITY ATTORNEY