Loading...
HomeMy WebLinkAboutAgenda Packets - 2007/04/09 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 9, 2007 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 and sign in on the sign-in sheet located on the podium. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05pm Public Hearing to Consider the Preliminary Plat for a Major Subdivision of the Property Located at 8360 Long Lake Road. B. 7:10pm Public Hearing to Consider Second Reading of Ordinance 787, Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to Define Health and Beauty Services. ROLL CALL VOTE C. 7:15pm Public Hearing to Consider the Introduction and First Reading of Ordinance 788, an Amendment to the Mounds View Zoning Code: Amend Chapter 1102 to Define a Neighborhood Motor Fuel Station and Amend Chapter 1113 to Allow a Neighborhood Motor Fuel Station as a Conditional Use in a B-2 District. D. 7:20pm Public Hearing to Consider a Minor Subdivision and Conditional Use Permit for the Property Located at 2280 County Road I, “The Station”. E. Resolution 7061 Approving an Abatement of Nuisance Code Violations Associated with the Property Located at 5440 Jackson Drive F. Resolution 7043 Approving an Outdoor Consumption Endorsement for Moe’s Located at 2400 County Highway 10 in Mounds View. (Postponed from March 26, 2007, City Council Meeting) G. Resolution 7047, Approving an Off Sale 3.2 Percent Malt Liquor License for Aldi’s Located at 2537 County Highway 10 in Mounds View. (Postponed from the March 26, 2007, City Council Meeting) H. Resolution 7056, Approving the 2006 – 2007 Labor Agreement with the Public Works Collective Bargaining Unit I. Resolution 7060 to Approve an On-Premises Sign Permit for the Mermaid at 2200 County Road 10 Mounds View City Council Meeting Agenda April 9. 2007 Page 2 7. COUNCIL BUSINESS (Continued) J. Resolution 7063 Awarding a Construction Contract for the Oakwood Park Improvement Project – Phase 1 K. Resolution 7064 Approving Change Order No. 37 for the City Hall Rehabilitation Project 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, April 23, 2007 at 7:05 pm to Consider an Interim Use Permit (IUP) Application for a Billboard on Outlot A, Sysco Second Addition C. Authorizing Insurance Policies for the Year January 1, 2007 through December 31, 2007 D. Resolution 7065 Authorize the Preparation of a Preliminary Feasibility Report and Consultant Selection for the 2007 Seal Coat Project E. Set a Public Hearing for Monday, April 23, 2007 at 7:10 pm to Consider the Second Reading of Ordinance 788 Approving Amendments to Chapters 1102 & 1113 of the Mounds View Zoning Code to Define Neighborhood Motor Fuel Station and Allow a Neighborhood Motor Fuel Station as a Conditional Use in a B-2 Zoning District. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, May 7, 2007 @7:00 p.m. Town Hall Meeting: Saturday, April 14, 2007 @ 9:00 am to 12:00 noon Next Council Meeting: Monday, April 23, 2007 @7:00 p.m. Item No: 7A Meeting Date: April 9, 2007 Type of Business: Public Hearing City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Preliminary Plat for a proposed Major Subdivision at 8360 Long Lake Road; Planning Case MA2007-001 Introduction: Charlene Moschkau has submitted an application for a major subdivision of 8360 Long Lake Road. This parcel is towards the northern end of Long Lake Road, across from Ardan Park. The proposed 1.55 acre subdivision would create 3 buildable lots from the existing one lot. Char Moschkau has been designated the personal representative of the deceased landowner and now controls the property. Even though 8360 Long Lake Road is less than two acres in size, this is a major subdivision due to the fact that more than one additional lot is being created Discussion: In July 2006, a different applicant who had a purchase agreement with Char Moschkau for the property went through the subdivision process, with the final plat approved by City Council in August 2006. As a condition of the approval, the applicant was given 120 days after the date of approval to complete the process by recording the documents with Ramsey County and paying the park dedication fee to the City. The applicant did not follow through, thus the approval was voided in December 2006. The property owner has now chosen to complete the subdivision herself. The area identified as 8360 Long Lake Road is currently zoned R-1, Single Family Residential. The proposed subdivision would be consistent with the existing zoning of the property. All of the lots shown on the preliminary plat satisfy the minimum requirements of 75 feet lot width and 11,000 square foot lot area. This proposal plans to keep the existing home, which means the three lots will slightly differ in size, but all will far exceed the minimum lot size requirements. The new lot line between lots 2 and 3 will have a slight jog in it due to the requirement of lots being at least 75 feet wide and the house needing a 10 foot side setback. Even with the jog in the property line, Lot 3 will still have a 75 foot width at the front and back of the lot since the south property line slopes slightly to the southwest. Comprehensive Plan: The Comprehensive Plan Future Land Use Map designates 8360 Long Lake Road and the surrounding area as single family detached housing. The proposed subdivision would be consistent with that designation and consistent with the residential goals and policies as articulated in the Land Use section of the Comprehensive Plan. The proposal would also be consistent with specific housing goals and policies articulated in the Comp Plan. 8360 Long Lake Road Subdivision Staff Report - Page 2 Local Water Management Plan: Also known as the City’s Surface Water Management Plan, this planning document guides the City in regards to drainage and stormwater management. The project is located in the Judicial Ditch No. 1 minor watershed, AA-1 and AA-5 sub- watersheds. The boundary between these two sub-watersheds appears to run approximately through the middle of this lot. The minimum recommended building elevation for the AA-1 sub- watershed is set at 905.4 feet and AA-5 is 904.0 feet. Easements: The City’s Subdivision Code requires that plats dedicate perimeter drainage and utility easements for each lot in the subdivision. This plat does dedicate the necessary perimeter easements. There is a 45 foot drainage and utility easement along the west property line that would remain. There are no wetlands associated with this property. Streets: The three new lots will have access onto Long Lake Road, which is a county owned road. This street is adequate to handle the small amount of added traffic that two additional homes would create. Any work to the boulevard would require a permit from the county, and any alterations to the existing sidewalk would require a permit from the city. Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land is subject to a park dedication fee. The dedication imposed is intended to mitigate public costs to the parks system associated with land development. The fee shall be reasonable and based on the extent of the development. In this case, the fee should be equal to 10% of the market value of the land. To establish the market value, staff uses Ramsey County assessed values as the basis for dedication computation. Since there is already one existing house on the property, the park dedication fee will be based on 2/3 of the land value. The 2007 Ramsey County total land value is $159,600 (2/3 = $106,400). The dedication amount then would be $10,640. This amount has been communicated to the applicant. Utilities: All utilities on the site would need to be installed underground, per Section 1203.10. Water and sanitary sewer lines are easily accessible. Traffic: The amount of daily vehicle trips on the proposed road will be minimal since only two additional housing units are proposed. There is currently one house on the property. On average, single-family homes generate about 10 vehicle trips per day, thus one could expect an additional 20 movements along Long Lake Road or as a result of this subdivision. Vegetation: The 1.55 acre site is mostly tree covered. The City Forester visited the site last summer and determined that there are four or five large Red Oak trees near the current house that would be worth making an effort to save when new homes are built. Staff recommends that upon each lot’s completion (after the house has been constructed) the yard areas shall be sodded and a minimum of two trees shall be in the front yard – whether they are existing trees or new ones planted if the existing trees must be removed. The new tree species shall be from a list provided by the City Forester. Wetlands: The National Wetlands Inventory Map and the City’s official Wetland Zoning Map do not identify a wetland within the property boundary. Since the property is over one acre in size, the applicant will need to apply for a general stormwater permit from the MPCA, and contact Rice Creek Watershed District to find out if they will require a permit also. 8360 Long Lake Road Subdivision Staff Report - Page 3 Public Input: Staff mailed public hearing notices to property owners within 350 feet of the project area for this public hearing, and also mailed letters prior to the March 21st Planning Commission meeting. No feedback has been received. Planning Commission Action: On March 21, 2007 the Planning Commission recommended approval of the preliminary plat for the subdivision of 8360 Long Lake Road. Vote was 5-0 (Lang & Miller absent). Recommendation: Review the plans, discuss the proposed preliminary plat, and hold the public hearing. Staff review revealed no deficiencies at this time and thus Resolution 7058 recommending approval of the preliminary plat has been drafted for your action if the Council so desires. Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Preliminary Plat 3. Zoning Map 4. Aerial View 5. Comp Plan Future Land Use Map 6. Photographic Documentation 7. Planning Commission Resolution 862-07 8. Resolution 7058 Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View Proposed 3 lots – approx. Long Lake Road Ardan Park & Compost Site Photographic Documentation View of existing house– house is placed approximately in the middle of the 250 foot wide lot Current house View of south half of 8360 Long Lake Road Existing house View of north half of 8360 Long Lake Road MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 862-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A PRELIMINARY PLAT FOR THE SUBDIVISION OF 8360 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MA2007-001 WHEREAS, Charlene Moschkau has requested approval of a preliminary plat for the major subdivision of 8360 Long Lake Road, legally-described as follows: Lot 1, Block 1, Charles Hermann Addition WHEREAS, The above-described land is zoned R-1, Single-Family Residential and are designated as Single-Family Detached on the Comprehensive Plan; and, WHEREAS, Charlene Moschkau has submitted a Preliminary Plat for the major subdivision which creates 3 buildable lots; and, WHEREAS, the community development and public works staff have reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of 2/3 of the assessed value of the land area, which been determined to be $10,640.00; and, WHEREAS, the proposed subdivision is not within a designated wetland area; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Planning Application 3. Preliminary Plat 4. Zoning Map 5. Aerial View 6. Site Plan Resolution 862-07 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary Plat submitted by Charlene Moschkau subject to the following conditions: 1. The applicant shall arrange to have an acceptable Title Commitment provided to the City Attorney for review prior to the final approval of the subdivision by the City Council. 2. The applicant shall pay a park dedication fee in the recommended amount of $10,640. 3. The applicant shall take all steps to save any trees possible during the construction and shall make arrangements to have a minimum of two trees in each front yard upon project completion and sod all yard areas. 4. The applicant shall obtain permits, if required, from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 5. All utilities within the development area and to the individual home sites shall be located underground. 6. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. BE IT FURTHER 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 21st day of March, 2007. __________________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson Community Development Director (SEAL) RESOLUTION NO. 7058 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE SUBDIVISION OF 8360 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MA2006-002 WHEREAS, Charlene Moschkau, has applied for a major subdivision for a single family residential subdivision of 8360 Long Lake Road; and, WHEREAS, the preliminary plat date-stamped March 14, 2007 proposes a three lot subdivision, with all lots fronting Long Lake Road; and, WHEREAS, the subject parcel is legally described as follows: Lot 1, Block 1, Charles Hermann Addition, Ramsey County, Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential and the adopted Comprehensive Plan designates the parcel for low-density residential development; and, WHEREAS, the proposed preliminary plat satisfies the minimum subdivision requirements as identified in Chapters 1100 and 1200 of the Mounds View Municipal Code; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Staff Report 2. Planning Application 3. Preliminary Plat 4. Zoning Map 5. Aerial View 6. Photographic Documentation 7. Planning Commission Resolution 862-07 WHEREAS, In accordance with Section 1204.04, Subd. 4 of the Mounds View Municipal Code, all subdivisions of land are subject to park dedication fee requirements; and, WHEREAS, the City Council held a duly noticed public hearing regarding this preliminary plat on Monday, April 9, 2007. WHEREAS, the Planning Commission supported the request by adopting Resolution 862-07, which recommends approval of the major subdivision; and Resolution 7058 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the preliminary plat for the major subdivision of 8360 Long Lake Road, subject to the following conditions: 1. The applicant shall arrange to have an acceptable title commitment provided to the City Attorney for review prior to the final plat approval by the City Council. 2. The applicant shall pay a park dedication fee in the amount of $10,640.00. 3. The applicant shall take all steps to save any significant trees possible during the construction and shall make arrangements to have a minimum of two trees located in each front yard upon project completion and sod all yard areas. 4. The applicant shall obtain permits, if required, from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 5. All utilities within the development area and to the individual home sites shall be located underground. 6. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. Adopted this 9th day of April, 2007 _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 07B Meeting Date: March 26, 2007 Type of Business: PH & CB City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Second Reading and Adoption of Ordinance 787, an Ordinance Amending Chapter 1102 of the Mounds View Zoning Code to Define Health and Beauty Services Background Staff received a phone call from a Kari Murlowski, who expressed a desire to operate an alternative wellness business at Mounds View Square. Some of the therapies she would conduct include Healing Touch and Aromatherapy. The techniques, according to Ms. Murlowski, require that her clients are fully clothed. Ms Murlowski is not a massage therapist and has no training in massage therapy. Her training is in Health Healing, Aromatherapy, and Raindrop Therapy at the Center for Aromatherapy Research Education (CARE). Alternative Wellness Centers are not regulated by the State, and are not currently covered under the City Code in business licensing or zoning. Since this type of business is not State regulated, Staff was directed by City Council to see what other cities are doing to regulate this type of business and to ask the League of Minnesota Cities for information and guidance on the issue. Staff received responses from the cities of Minneapolis, St. Paul, Coon Rapids, Blaine, Arden Hills, Roseville, and the League of Minnesota Cities. Unfortunately, these cities had no information, ordinances or anything in their code regulating this type of business. Staff also spoke to the League, and they also had no information relating to this type of business or anything relating to Alternative Wellness in general. Since there was no information available, Staff researched the Mounds View City Code pertaining to Zoning. Mounds View Square is in the B-4 Zoning District. Permitted uses in this district include Health and Beauty Services. An argument could be made that Alternative Wellness could be allowed in our City Zoning Code under Health and Beauty Services. However, Health and Beauty Services are not defined in our City Code. Staff spoke with the City Attorney, and it was the City Attorney’s recommendation that we define Health and Beauty Services in our Zoning Code to address Alternative Wellness. The City Council concurred and directed staff to prepare a definition for Health and Beauty Services. The following definition was prepared: “Health and Beauty Services: Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, Spa Treatments (such as facials, body wrap treatments, and chemical peels) and Alternative Wellness services (including such activities as aromatherapy, acupuncture and hypnosis), excluding therapeutic massage or other businesses otherwise defined or regulated by this Code.” After having the City Attorney review the proposed definition, staff presented it to the Mounds View Planning Commission on March 5, 2007 and the Planning Commission approved of the definition. (Their resolution is attached for Council reference.) Ord 787 Report April 9, 2007 Page 2 Discussion Staff presented the First Reading of this Ordinance at the March 26, 2007. At the First reading presentation, minor changes were made to the Health and Beauty definition per City Council direction. Attached is the revised Ordinance 787, to be considered for a Second Reading and Adoption. This Second Reading requires a Public Hearing, and notice of public hearing was published in the Mounds View/New Brighton bulletin. If adopted, this Ordinance will be published in the Mounds View/New Brighton Bulletin, and will take effect 30 days from date of publication. Recommendation Open the public hearing and consider all testimony from residents and other interested parties. Barring any reason to act otherwise, staff recommends Council approval of the second reading and adoption of Ordinance 787, which defines Health and Beauty Services under Chapter 1102 of the Mounds View Zoning Code. (Adoption occurs by roll call vote.) Respectfully submitted, Desaree Crane MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 860-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “HEALTH AND BEAUTY” USES WHEREAS, the City Council has directed that a definition be added to the Zoning Code to define “Health and Beauty” uses; and, WHEREAS, City staff, working in consultation with the City Attorney, has prepared a definition to be added to Chapter 1102 of the Mounds View Zoning Code, to read as follows: “Health and Beauty Services: Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, Spa Treatments (such as Facials, Body Wrap Treatments, and Chemical Peels) and Alternative Wellness services (including such activities as Aromatherapy, Acupuncture and Hypnosis) and the like, excluding therapeutic massage or other businesses otherwise defined or regulated by this Code.” WHEREAS, amending the Zoning Code to incorporate such a definition will serve to clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1102 of the Mounds View Zoning Code by incorporating the definition for Health and Beauty uses as defined herein. 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 7th day of March, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) ORDINANCE NO. 787 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AN AMENDMENT TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “HEALTH AND BEAUTY” USES THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Planning Commission, has hereby determined that Chapter 1102 of the Mounds View Zoning Code be amended by adding a definition for Health and Beauty Services as follows: “Health and Beauty Services: Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, spa treatments (such as facials, body wrap treatments, and chemical peels) and alternative wellness services (including such activities as aromatherapy, acupuncture and hypnosis), excluding therapeutic massage or other businesses otherwise defined or regulated by this Code.” SECTION 2. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 26th day of March, 2007. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 9th day of April, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No: 7C Meeting Date: April 9, 2007 Type of Business: Public Hearing City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Introduction and First Reading of Ordinance 788, Approving Amendments to the Mounds View Zoning Code: Chapter 1102 Amendment to Define “Neighborhood Motor Fuel Station” and Chapter 1113 Amendment to allow a “Neighborhood Motor Fuel Station” as a conditional use in a B-2 District. After discussion at the March 7th Planning Commission meeting, Staff worked on a solution to allow The Station, at 2280 County Road I, to become a conforming use without having to rezone their property or do a comprehensive plan amendment. The Planning Commission indicated that they were supportive of The Station’s desire to become conforming and add two additional fuel pumps, but were hesitant to change the property to a higher intensity designation because of what that could be opening this site up to in the future if the owners were to sell the property. Currently the zoning code only has one definition of a motor fuel station, regardless of size. The Planning Commission felt that The Station could be defined as a “neighborhood gas station” and allowed to operate in less than a B-3 zoning district. Staff discussed this proposal at the March 21st Planning Commission meeting, and the Commission indicated they were supportive of this proposal and wanted to move forward with it. Staff is proposing that the Mounds View Zoning Code be amended to define a “Neighborhood Motor Fuel Station” and to allow a smaller gas station in a B-2 zoning district as a conditional use. Staff has drafted a definition for a Neighborhood Motor Fuel Station and the proposed addition to the B-2 zoning code, Chapter 1113, allowing a Neighborhood Motor Fuel Station to be allowed as a conditional use. The City Attorney has reviewed this proposal and indicates this is a satisfactory option rather than rezoning and amending the Comp Plan to a higher intensity use. Staff presented this to the Planning Commission on April 4, 2007, and they unanimously (7-0) approved these amendments. Attached is the Planning Commission Resolution authorizing staff to present this definition for consideration to the City Council. Recommendation: Staff recommends the City Council review the proposed amendments. This was approved by the Planning Commission, and also supported by the City Attorney. Staff will be presenting the Second Reading of Ordinance 788 at the April 23, 2007 City Council meeting. The Public Hearing is scheduled for Monday, April 23, 2007 at 7:10pm. Respectfully submitted by, Heidi Heller Planning Associate Zoning Code Amendment Report Page 2 PROPOSED ADDITIONAL LANGUAGE TO BE ADDED TO THE ZONING CODE FOR A NEIGHBORHOOD MOTOR FUEL STATION Proposed addition to Definitions, Chapter 1102: NEIGHBORHOOD MOTOR FUEL STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps. Proposed addition to B-2 District, Chapter 1113 Chapter 1113.04: Conditional Uses: Subd. 8. Neighborhood Motor Fuel Station; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. There shall be a maximum of four motor fuel dispensing pumps on the site. c. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. e. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title Zoning Code Amendment Report Page 3 j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code 1 . p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. 1 See Chapter 1008 of this Code. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 863-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “NEIGHBORHOOD MOTOR FUEL STATION” AND CHAPTER 1113 TO ADD A NEIGHBORHOOD MOTOR FUEL STATION AS A CONDITIONAL USE IN A B-2 ZONING DISTRICT WHEREAS, the Planning Commission has recommended that a definition be added to the Zoning Code to define the use of “Neighborhood Motor Fuel Station”, and to allow a Neighborhood Motor Fuel Station as a conditional use in a B-2 zoning district, WHEREAS, City staff, working in consultation with the City Attorney, has prepared a definition to be added to Chapter 1102 of the Mounds View Zoning Code, to read as follows: “NEIGHBORHOOD MOTOR FUEL STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps.” WHEREAS, amending the Zoning Code to incorporate such a definition will serve to distinguish the zoning requirements for motor fuel stations; and, WHEREAS, the Mounds View Planning Commission recommends the following conditional use be added to Chapter 1113 of the Mounds View Zoning Code to read as follows: See Attachment A WHEREAS, the Mounds View Planning Commission concurs that these amendments to the City Code are warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1102 of the Mounds View Zoning Code by incorporating the definition for a Neighborhood Motor Fuel Station as defined herein. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1113 of the Mounds View Zoning Code to incorporate a Neighborhood Motor Fuel Station as a conditional use. Resolution 863-07 Page 2 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 4th day of April, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) Resolution 863-07 Page 3 ATTACHMENT A Chapter 1113.04: Conditional Uses: Subd. 8. Neighborhood Motor Fuel Station; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. d. There shall be a maximum of four motor fuel dispensing pumps on the site. e. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. e. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. Resolution 863-07 Page 4 m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code 2 . p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. 2 See Chapter 1008 of this Code. ORDINANCE NO. 788 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AMENDMENTS TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “NEIGHBORHOOD MOTOR FUEL STATION” AND CHAPTER 1113 TO ADD A NEIGHBORHOOD MOTOR FUEL STATION AS A CONDITIONAL USE IN A B-2 ZONING DISTRICT THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Planning Commission, has hereby determined that Chapter 1102 of the Mounds View Zoning Code be amended by defining a Neighborhood Motor Fuel Station as follows: “NEIGHBORHOOD MOTOR FUEL STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps.” SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Planning Commission, has hereby determined that Chapter 1113 of the Mounds View Zoning Code be amended by adding a Neighborhood Motor Fuel Station as a conditional use in a B-2 zoning district as follows: Chapter 1113.04: Conditional Uses: Subd. 8. Neighborhood Motor Fuel Station; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. f. There shall be a maximum of four motor fuel dispensing pumps on the site. g. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Ordinance 788 Page 2 e. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code 3 . p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. 3 See Chapter 1008 of this Code. Ordinance 788 Page 3 r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 9th day of April, 2007. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 23rd day of April, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 7D Meeting Date: April 9, 2007 Type of Business: Public Hearing City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of Resolution 7036, a Minor Subdivision and Conditional Use Permit for the Property located at 2280 County Rd I: Planning Cases: MI2007-001 and CU2007-002 Introduction: The applicant, Moundsview Fina, LTD, represented by owners Leon Theis and Tom Manke, own the property and gas station at 2280 County Road I, commonly known as “The Station.” There are two planning requests to bring the current gas station into conformance with the City Code: a minor subdivision to combine adjacent properties with 2280 County Road I, and a Conditional Use Permit to allow a gas station in a B-2 district. Background: The Station was built in 1959 as “Gulf” and currently exists as a legal nonconforming use. The property owners would like to add two additional fuel pumps to the site and expand the current canopy to cover both sets of pumps. By doing this, the nonconforming use would be expanded. The City Code allows the existing nonconformance to continue, but not be expanded upon. This application involves planning requests, which if approved, would bring the gas station into total code compliance and allow them to add the additional fuel pumps. In 1996, the owners requested a variance to install two canopies over the four existing fuel pumps. Both variance requests were denied, as they constituted an enlargement of a nonconforming use. Subsequent to the variance denial, the owners requested and the Council approved an amendment to the City Code which excluded canopies from the enlargement restrictions, thus enabling the owners to install the canopy as desired. During the time of canopy construction, two of the original four pumps were removed. In 2004, the applicants wanted to reinstall the two fuel pumps and applied for a conditional use permit as the first step toward making the fuel station a conforming use. The CUP was denied due to not meeting the minimum CUP requirements for a gas station and the nonconforming status. Currently The Station is located on a 9,562 square foot lot (134.67’ x 71’) and there is no record of a Conditional Use Permit. In order for a gas station to be a conforming use, it must meet the following requirements: a minimum lot size of 22,500 square feet with lot dimensions of at least 130’ x 150’ and a conditional use permit to allow a gas station. The Station owners have signed a purchase agreement to buy neighboring property to the south which would bring their lot size to 24,395 square feet with dimensions of approximately 134’ x 187’. The Station Staff Report April 9, 2007 Page 2 Minor Subdivision Discussion: The Station currently owns one 9,562 square foot parcel ( 0.22 acres) at the northeast corner of the site, and the neighboring Alanon Society’s property is made up of four small parcels surrounding The Station. This subdivision action would create two parcels, rather than five (see diagrams below). The Station owners have a purchase agreement with the Alanon Society to purchase an additional 14,833 square feet to be added to their property in order to meet the minimum lot size requirements for a gas station. A minor subdivision of this lot would be consistent with the Zoning Code, subdivision regulations and the Comprehensive Plan. The resulting area of the proposed parcels is as follows: Parcel Proposed Use Area (Sq Ft / Acres) A The Station 24,395 / 0.56 B Remainder of New Brighton Alanon property 15,195 / 0.35 The Station Existing parcel conditions – the Alano Society owns the 4 small parcels surrounding The Station. The lines are indicating that all the parcels are linked together for county tax purposes, creating 1 tax parcel. The Station Staff Report April 9, 2007 Page 3 garage New Parcel B New Parcel A Proposed conditions – the new north-south line dividing the properties jogs over because there is a garage in the southwest corner that will remain. Zoning Requirements The new lot to be created for The Station (Parcel A) with this subdivision/lot combination would exceed the minimum 22,500 square foot area and 130’ x 150’ lot size dimension requirements for a gas station, which is the goal of the applicants. Park Dedication Requirements Every subdivision of land is subject to park dedication requirements. The City Code in Chapter 1202 indicates that up to 10 percent of the land value be dedicated to the City to help offset future park impacts associated with the development of land. This subdivision will not result in any additional housing units, however there would be an intensification of the usage with the additional fuel pumps. A park dedication fee may be appropriate in this case. The City Council will need to make this determination. Easements With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lot. Easements should be taken around the periphery of Parcels A and B. Because easements can not be dedicated on Certificates of Survey or registered land surveys, dedication is accomplished by a separate document recorded at the same time the new deeds are recorded. The Certificate of Survey shows the location of these easements and bears text stating that the property is subject to the easements. The resolution states that they will be recorded with Ramsey County by a separate document. Either staff or the City Attorney will prepare these documents with descriptions provided by the applicant’s surveyor. The Station Staff Report April 9, 2007 Page 4 Technical Issues The Certificate of Survey and Title Commitment have been sent to the City Attorney’s office for review. The City’s Public Works Department has reviewed the site plans and does not have any issues with what is proposed. They indicated that any driveway access changes could be made when the street reconstruction project happens in this area. Staff has also sent the site plans to Ramsey County Public Works due to The Station being located on County Road I. There has been no response from Ramsey County Public Works. Conditional Use Permit Discussion: Section 1113.04 of the amended Zoning Code would conditionally allow Neighborhood Motor Fuel Stations in B-2 districts. The applicant would like to add two additional fuel pumps, and is applying for a conditional use permit in order to bring the business into compliance and be allowed to expand. CUP Considerations: With every Conditional Use Permit application, Chapter 1125 of the Zoning Code 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, traffic, adequate utilities and access roads and the demonstrated need for such a use. Each of these potential adverse effects is reviewed and addressed on the following page. Relationship with the Comprehensive Plan: The Comprehensive Plan encourages the expansion of existing businesses and introduction of new businesses within Mounds View when compatible with surrounding uses. The Station is surrounded by a variety of zoning designations and land uses, which include single family residential, high density residential, a church, office space, and a neighborhood grocery store. If the requested zoning code amendment is approved, this CUP could be in line with the Comp Plan “neighborhood commercial” land use designation. The Geographical Area Involved: This business is located on County Road I, where it has operated as a gas station for almost 50 years. County Road I is the City’s only other commercial corridor aside from County Road 10. Depreciation: The Station has been a neighborhood gas station in Mounds View for many years. The owners are happy doing business in Mounds View and would like to remain here and improve the business and property. It is unlikely that The Station is depreciating the area in which it is located and it is unlikely that its continued existence would further depreciate the area. Approving a conditional use permit will not change the current use of the property, nor should it change the neighborhood property values. The Station Staff Report April 9, 2007 Page 5 The Character of the Surrounding Area: This area of the City has a variety of housing types, a church, and a few small neighborhood businesses. The Station is located on County Road I, which is a busy 4-lane road running through the city and is near Pinewood Elementary and the I-35W connections. The character of this area would not change with the approval of this CUP. Traffic: There is some traffic around The Station, particularly during the weekday rush hours, due to County Road I being a main thoroughfare of the City and the close proximity to I-35W. The Station does produce customer traffic, but it has not been a problem from a public safety standpoint. The traffic in the area would likely not change with this CUP. Adequate utilities and access roads are available: The water and sewer lines that currently serve the property have adequate capacity to provide for this business. The Station is located on a corner and has ample access on to both streets, particularly onto Adams where there is no curbing and the entire parking lot blends into the street. The public works department has reviewed the proposed plans and has no issues. They stated that at the time of a street reconstruction project for Adams Street, the lack of designated access drives into this site could be addressed. The Demonstrated Need for Such a Use: The owners of The Station want to improve their business and must bring the property into compliance in order to do that. The City of Mounds View supports our existing businesses and wants them to remain in our community and prosper. Public Feedback Staff mailed notices regarding this planning case to all property owners within 350 feet of 2280 County Road I informing them of the proposed actions and the Planning Commission meeting date. A public hearing notice was mailed to the same property owners for this public hearing. No comments have been received. Deadline for Action: This application was accepted on February 14, 2007 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 April 15, 2007. Planning Commission Action: On Wednesday, April 4, 2007, the Planning Commission voted unanimously 7-0 to approve the minor subdivision and conditional use permit for The Station. The Station Staff Report April 9, 2007 Page 6 Recommendation Staff has drafted one resolution for both the Conditional Use Permit and Minor Subdivision requests. The City Council may take one of the following actions: 1. Approve both planning actions as requested. Resolution 7036 is attached for your consideration if you should choose this option. 2. Deny the requests. To consider this option, the Council will need to direct staff to prepare a resolution with findings of fact to support the denial recommendation. 3. Table action on the request. This option would be appropriate if the City Council should need additional information or more input before a decision can be made. The 60-day deadline is April 15, 2007. Respectfully Submitted By, ______________________ Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Comprehensive Plan Land Use Map 4. Aerial Map 5. Photographic Documentation 6. Certificate of Survey 7. Existing & Proposed Conditions Site Plans 8. Planning Commission Resolution 861-07 9. Resolution 7036 ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential * Properties not indicated with a designation are zoned R-1, Single Family Residential Silverview Plaza County Road I Comprehensive Plan Land Use Map Pinewood Elementary City Hall COUNTY ROAD H2 N Aerial View County Road I Fedor’s Multi-family housing Multi-family housing Cross of Glory Church Photo Documentation Owners plan to remove this portion of the building MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 861-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION AND A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 2280 COUNTY ROAD I, PLANNING CASE NOS. MI2007-001 AND CU2007-002 WHEREAS, Moundsview Fina, LTD., represented by Leon Theis and Thomas Manke, property owners of 2280 County Road I, have requested a Minor Subdivision and a Conditional Use Permit to allow a Motor Fuel Station; and, WHEREAS, the subject properties are legally described as follows: Lot 1, Block 4, Spring Lake Park Highlands, except the west 54 feet thereof, and also except the south 16 feet thereof, Ramsey County, Minnesota and, The West 54 feet of Lot 1, Block 4, Spring Lake Park Highlands, The South 16 feet of Lot 1, Block 4, Spring Lake Park Highlands, except the West 54 feet thereof, Lot 2, Block 4, Spring Lake Park Highlands, The East 30 feet of the North half of Lot 4, Block 4, Spring Lake Park Highlands, Ramsey County, Minnesota WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Aerial Map 4. Comprehensive Plan Future Land Use Map 5. Photographic Documentation 6. Certificate of Survey 7. Existing & Proposed Conditions Site Plans WHEREAS, the Planning Commission held a public meeting regarding this request on Wednesday, March 7, 2007; and, WHEREAS, according to Section 1125 of the Mounds View Zoning Code, the Planning Commission is to consider the possible adverse effects of the proposed minor subdivision and conditional use permit, and shall make a finding of fact related to its review of the requests. Resolution 861-07 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings of fact regarding the minor subdivision and conditional use permit requests as required by the Mounds View Zoning Code: 1. A Certificate of Survey and Title Commitment have been submitted to the City, to be reviewed by the City Attorney prior to approval of the subdivision by the City Council. 2. The proposed subdivision and lot combination will increase the property size of 2280 County Road I from 9,562 square feet and lot dimensions of 134’ x 71’, to 24,395 square feet with lot dimensions of approximately 134’ x 187’, which would then exceed the minimum square foot and lot dimension requirements for a gas station. 3. The requests for a subdivision and conditional use permit should not negatively impact or depreciate the adjacent properties due to the use of the property not changing. 4. The Property currently has 17 parking spaces shown on the proposed conditions site plan. The site plan should be updated to show a total of 18 parking spaces as required for The Station. 5. The applicant has demonstrated a need for the minor subdivision and conditional use permit, in order to bring the property into full compliance with the City Code. 6. There do not appear to be any adverse effects associated with the proposed minor subdivision and conditional use permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends approval of the minor subdivision of 2280 County Road I, subject to the following conditions: 1. The applicant shall arrange to have the deeds prepared and recorded with Ramsey County within 60 days of City Council approval, or this approval shall be considered null and void. Extensions may be granted at the discretion of the City in the case of extraordinary unanticipated delays out of the applicant’s control. Proof of recordation shall be provided to the City of Mounds View within 10 days of recordation. 2. The applicant shall execute new drainage and utility easement documents over Parcels A and B. Resolution 861-07 Page 3 NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings of fact, the Mounds View Planning Commission recommends approval of the conditional use permit for the motor fuel station, subject to the following condition: 1. Successful recording of subdivision documents with Ramsey County. The conditional use permit shall be considered null and void if not acted on within one year. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4th day of April, 2007. ________________________________________ Gary Stevenson, Chairperson Attest: ________________________________________ James Ericson, Community Development Director (Seal) RESOLUTION NO. 7036 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A MINOR SUBDIVISION AND A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 2280 COUNTY ROAD I, PLANNING CASE NOS. MI2007-001 AND CU2007-002 WHEREAS, Moundsview Fina, LTD., represented by Leon Theis and Thomas Manke, property owners of 2280 County Road I, have requested a Minor Subdivision and a Conditional Use Permit to allow a Motor Fuel Station; and, WHEREAS, the subject properties are legally described as follows: Lot 1, Block 4, Spring Lake Park Highlands, except the west 54 feet thereof, and also except the south 16 feet thereof, Ramsey County, Minnesota and, The West 54 feet of Lot 1, Block 4, Spring Lake Park Highlands, The South 16 feet of Lot 1, Block 4, Spring Lake Park Highlands, except the West 54 feet thereof, Lot 2, Block 4, Spring Lake Park Highlands, The East 30 feet of the North half of Lot 4, Block 4, Spring Lake Park Highlands, Ramsey County, Minnesota WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Aerial Map 4. Comprehensive Plan Future Land Use Map 5. Photographic Documentation 6. Certificate of Survey 7. Existing & Proposed Conditions Site Plans WHEREAS, the Planning Commission heard the case regarding this minor subdivision and conditional use permit request on Wednesday, April 4, 2007 and recommended approval of the Minor Subdivision and Conditional Use Permit to the City Council as outlined in their Resolution 861-07; and, WHEREAS, the City Council held a public meeting regarding this request on Monday, April 9, 2007; and, Resolution 7036 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council makes the following findings of fact regarding the minor subdivision and conditional use permit requests for as required by the Mounds View Zoning Code: 1. A Certificate of Survey and Title Commitment have been submitted to the City and reviewed by the City Attorney, and found to be acceptable. 2. The proposed subdivision and lot combination will increase the property size of 2280 County Road I from 9,562 square feet and lot dimensions of 134’ x 71’, to 24,395 square feet with lot dimensions of approximately 134’ x 187’, which would then exceed the minimum square foot and lot dimension requirements for a gas station. 3. The requests for a subdivision and conditional use permit should not negatively impact or depreciate the adjacent properties due to the use of the property not changing. 4. The Property currently has 17 parking spaces shown on the proposed conditions site plan. The site plan should be updated to show a total of 18 parking spaces as required for The Station. 5. The applicant has demonstrated a need for the minor subdivision and conditional use permit, in order to bring the property into full compliance with the City Code. 6. There do not appear to be any adverse effects associated with the proposed minor subdivision and conditional use permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City Council approves the minor subdivision of 2280 County Road I, subject to the following conditions: 1. The applicant shall arrange to have the deeds prepared and recorded with Ramsey County within 60 days of City Council approval, or this approval shall be considered null and void. Extensions may be granted at the discretion of the City in the case of extraordinary unanticipated delays out of the applicant’s control. Proof of recordation shall be provided to the City of Mounds View within 10 days of recordation. 2. The applicant shall record the new drainage and utility easement documents over Parcels A and B. 3. The applicant shall arrange to either amend the current Party Wall Agreement in order to describe the location of the wall on Parcel B, and that the owners of Parcel A join in the agreement; or release the current agreement and a new agreement be entered into by the owners of Parcels A and the owners of Parcel B which identifies the location of the party wall as it relates to the newly configured lots. The applicant shall have this agreement recorded with Ramsey County. Resolution 7036 Page 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, based upon the above findings of fact, the Mounds View City Council approves the conditional use permit for the motor fuel station, subject to the following condition: 1. Successful recording of subdivision documents with Ramsey County. The conditional use permit shall be considered null and void if not acted on within one year. Adopted this 9th day of April, 2007. ________________________________________ Rob Marty, Mayor Attest: ________________________________________ Kurt Ulrich, City Clerk/Administrator (Seal) RESOLUTION 7061 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING ABATEMENT OF NUISANCE CODE VIOLATIONS AT 5440 JACKSON DR, MOUNDS VIEW, MINNESOTA, 55112. WHEREAS, Michael R Courtney is the owner of property located at 5440 Jackson Dr, zoned R-1, Single Family Residential, legally described as follows: SPRING LAKE PARK HIGHLANDS S 50 FT OF LOT 14 AND EX S 75 FT LOT 13 BLK 3 WHEREAS, March 7, 2007, staff inspected the property located at 5440 Jackson Dr in response to information received regarding junk vehicles parked in the yard, inoperable/unusable equipment and rusting metal outside in the yard. WHEREAS, a notice of violation was issued to Michael R Courtney March 7, 2007 and staff requested corrective actions completed to bring the property into compliance with Sections 607.07 Subd. 2a and 607.03 Subd. 2c (1) of the Nuisance Code by April 4, 2007; WHEREAS, staff performed several follow up inspections of the property located at 5440 Jackson Dr and found that corrective actions had not been completed; and WHEREAS, in a letter dated March 20, 2007, staff notified Michael R Courtney of its intent to appear before the Mounds View City Council on April 9, 2007 to request authorization to abate violations cited in the Notice of Violation dated March 7, 2007; and WHEREAS Michael R Courtney is responsible for maintaining Nuisance Code violations on the exterior of the above-said property that include, but are not limited to: 1. Inoperable and unusable equipment. 2. Rusting metal and debris. 3. Junk and debris. 4. Rusted beverage machine that is out of service. 5. Vehicles parked in the front yard off an improved surface. 6. Vehicles parked in the rear yard off an improved surface. 7. Junk and/or inoperable vehicles parked in the rear yard. WHEREAS, the City Council finds that the Nuisance Code violations at 5440 Jackson Dr constitute a Public Nuisance under Section 607.03 Subd. 3c and 607.06 Subd. 2c (1) and 607.06 and the City may abate and assess the costs of said abatement against the property pursuant to Minn. Stat. 429.101; and WHEREAS, the City has complied with the notification requirement for Nuisance Code abatement as stated in Section 607.09, Subd. 5b. of the Mounds View Municipal Code; and WHEREAS, Michael R Courtney, property owner of 5440 Jackson Dr, will be personally liable to the City for the costs of such abatement, including administrative costs pursuant to Resolution No. 7061 Page 2 Section 607.09, Subd. 7 of the Mounds View Municipal Code; and WHEREAS, if the property owner fails to pay the cost, after being duly notified, of the abatement of Nuisance Code violations at 5440 Jackson Dr within 30 days after the date of the invoice, the City may certify the unpaid costs against the property pursuant to Section 607.09, Subd. 8 of the Mounds View Municipal Code. NOW THEREFORE, BE IT RESOLVED THAT: The City will abate violations of Chapter 607 of the City Code no sooner than 5 calendar days and no later than 10 calendar days as follows. 1. The City Council authorizes City staff to complete any actions necessary to achieve compliance with the City Code with respect to exterior violations of Section 607.03 Subd 3c and 607.07 Subd. 2c (1) 2. City staff will complete an inventory of any items removed from the exterior premises, ascertaining with reasonable certainty which items may be of relative value and placing said items into storage at a secure location, which will be available to Michael R Courtney upon payment of costs associated with their removal and storage. 3. Michael R Courtney shall be personally liable to the City for the costs of abatement, including administrative costs and reasonable storage costs. 4. Any unpaid portion of the abatement costs after 30 days of the date on the invoice may be certified as special assessments against the property upon a duly called hearing and pursuant to Section 607.09, Subd. 8 of the Mounds View Municipal Code. Adopted this 9th day of April, 2007 ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk/Administrator Item No: 7E Meeting Date: 04-09-07 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jeremiah Anderson, Housing/Code Enforcement Inspector Item Title/Subject: Abatement of Nuisance Code violations at 5440 Jackson Dr Date of Report: April 5, 2007 Introduction: On March 7, 2007 staff responded to a report of junk vehicles in the yard and junk and debris outside 5440 Jackson Drive. Staff observed numerous items in violation of the City Nuisance code and issued a notice of violation dated March 7, 2007 which required corrective actions completed no later than April 4th 2007. Given the repeated history of non compliance, slow compliance, and repeated violations of a similar nature staff is requesting City Council consideration of Resolution 7061, which would authorize an abatement of Nuisance Code violations present at 5440 Jackson Dr. Background: The property located at 5440 Jackson drive is no stranger to code enforcement activities; the property owner, Michael Courtney, has received numerous compliance orders dating back to April of 1995 for vehicles parked outdoors in violation of the City Nuisance Code. While Mr. Courtney has remained cordial in his conversations with City staff over the years, his slow response to corrective orders and the repeated code violations of a similar nature has created a need for repeated inspections, follow up inspections, telephone calls, and other enforcement activities; all of which are a drain on City resources. In the beginning, the lack of a clearly defined driveway and the fact that the property did not have a garage combined with Mr. Courtney’s auto salvage and repair activities were the foundation for repeated code violations. In an attempt to reach resolution of this matter Mr. Courtney signed an agreement with the City in 1995 whereas vehicles would no longer be parked on the existing dirt driveway in front of the home, rather, a gravel driveway would be installed to service a detached accessory building, which would be constructed at a future date, in the rear yard. Mr. Courtney did install a gravel driveway in the summer of 1995, however, the parking of vehicles on the front and rear yard persisted. Furthermore, many of these vehicles displayed expired license, were in a state of disassembly, or were inoperable; in other words, vehicles continued to remain parked outdoors at 5440 Jackson Drive in violation of the City Nuisance Code. Mr. Courtney did eventually construct a garage in the rear yard of his property, yet the exterior siding on the garage was not completed for nearly three years. Following the past Staff Report Resolution 7061 Page 2 of 2 pattern of slow compliance with code requirements and after repeated follow up inspections the conditions outside 5440 Jackson Dr continue to violation Nuisance Code Requirements. This continues despite the issuance of three court citations and more than 20 code violation cases opened. Rather than summarize years of code compliance activity in a brief report, staff has attached copies of various correspondence and code compliance notices over the past 13 years for Council review. Discussion: Section 607.09 Subdivision 5 of the Nuisance Code provides the City the opportunity to reach compliance by abating (correcting) items in violation of the requirements contained within Chapter 607. In non emergency cases where no immediate threat to the public health and safety exists the City code requires that staff obtain City Council authorization prior to abatement of violations and notify the property owner of their opportunity to be heard before the council, provided however, that at least 10 days notice is provided. Staff has satisfied these and other applicable requirements of Chapter 607 of the City Code. Mr. Courtney was notified in writing of staff’s intent to seek City Council authorization to abate conditions. Recommendations: Staff recommends consideration and approval of Resolution 7061 authorizing abatement of nuisance code violations at 5440 Jackson Drive. This abatement would occur no sooner than 5 calendar days and within 10 calendar days. Respectfully submitted, Jeremiah Anderson Housing/Code Enforcement Inspector Attachments Item No. 07F Type of Business: CB Meeting Date: April 9, 2007 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7043, a Resolution Approving an Outdoor Liquor Consumption Endorsement for Moe’s Located at 2400 County Highway 10 in Mounds View (Postponed from the March 26, 2007, City Council Meeting) Background Moe’s, located at 2400 County Highway 10, has submitted an application for an Outdoor Liquor Consumption Endorsement renewal for 2007. In accordance with Ordinance 771, a special endorsement may be issued to the holder of a regular on- sale liquor or wine license to allow sales and consumption of liquor or wine outdoors when the outside service is immediately adjacent to and contiguous with the licensed premises. This special endorsement renewal will need to be issued by the City Council to the licensee by resolution after a public hearing on the special endorsement is held. Moe’s currently has an On-sale Intoxicating Liquor License on file with the City and the State of Minnesota Alcohol and Gambling Enforcement. Moe’s is currently scheduling an outdoor event on the deck and pavement next to deck in early June. Attached is a diagram of the layout for your reference. A public hearing notice was published in the Mounds View/New Brighton Bulletin and notices were sent by first class mail to residences within a 350 feet radius of the establishment. Discussion On March 26, 2007, the City Council opened the public hearing for public comment. One resident was concerned about the noise coming from the establishment at a recent St. Patrick’s Day Party, which was sponsored by the establishment. The City Council did express concern about the noise and wanted to discuss the Outdoor Consumption Endorsement further, and requested that a representative from Moe’s be present at this Council Meeting. Staff contacted Moe’s management and a representative will be present at the meeting to answer any questions. Moe’s Report April 9, 2007 Page 2 Staff would like to point out that there are no guidelines for outdoor “events” associated with a licensed facility; the City’s position has been as long as an event does not reduce the number of required parking stalls and is conducted in compliance with nuisance codes, an event may take place. The Council may want to consider explicit regulations regarding outdoor events, such as hours of activity, amplified noise limits, etc. The Code pertaining to outdoor consumption reads as follows: Subd. 8. Outdoor Consumption Endorsement. A special endorsement may be issued by the City to the holder of a regular on-sale liquor or on- sale wine license to allow sales and consumption of liquor or wine outdoors when the outside service area is immediately adjacent to and contiguous with the licensed premises. The licensee shall make application for the special endorsement to the City and provide site plans which illustrate the proposed outdoor service area. The special endorsement may be issued by the City Council to the licensee by resolution after a public hearing on the special endorsement is held. The designated outside service area shall not reduce the number of off-street parking spaces which would be required if the licensed premises together with the outside service area were to be newly constructed in conformity with the City’s zoning code. The City may also require improvements to the outside service area prior to issuing the special endorsement, including but not limited to, safety barriers or other enclosures to be placed around the perimeter of the outside service area in order to protect patrons from any hazards, including vehicular traffic. Recommendation: Staff recommends approval of Resolution 7043, a resolution approving the renewal of Moe’s outdoor sales and consumption endorsement. Moe’s is presently authorized to sell and serve alcohol on their deck and they need this endorsement in order to continue to sell. Staff recommends that Moe’s provide the City with a mitigation plan for the outdoor event scheduled for June addressing the time that music will be played, whether it is amplified or not, and what actions it will take to ensure compliance with the City’s noise control regulations. Respectfully submitted, Desaree Crane RESOLUTION 7043 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN OUTDOOR LIQUOR CONSUMPTION ENDORSEMENT AT MOE’S, LOCATED AT 2400 COUNTY HIGHWAY 10 WHEREAS, Moe’s has a current On-Sale Intoxicating Liquor License on file with the City and the Minnesota Alcohol and Gambling Enforcement; and WHEREAS, Moe’s is requesting a renewal of their endorsement which allows them to sell and serve intoxicating liquor outdoors; and WHEREAS, Ordinance 771 states that the licensee must make application for the special endorsement to the City and provide site plans which illustrate the proposed outdoor service area; and WHEREAS, all necessary applications, plans and fees for the establishment located at 2400 County Highway 10 have been submitted; and WHEREAS, staff has reviewed the application and plans for the outdoor liquor consumption endorsement; and WHEREAS, staff recommends approval of Moe’s Outdoor Liquor Consumption Endorsement. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Outdoor Liquor Consumption Endorsement for Moe’s, located at 2400 County Highway 10 for 2007, subject to the following requirement:. The Applicant shall submit an outdoor special event mitigation plan for the event scheduled in June of 2007 to address the time that music will be played, whether or not it is amplified, and what actions it will take to ensure compliance with the City’s noise control regulations. NOW, BE IT FURTHER RESOLVED, that this Outdoor Liquor Endorsement for Moe’s will expire on June 30, 2008. Adopted this 9th day of April, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 7G Type of Business: CB Meeting Date: April 9, 2007 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Consider Resolution 7047, Approving an Off-Sale 3.2 Malt Liquor License for Aldi Foods located at 2537 County Highway 10 (Postponed from the March 26, 2007 Council Mtg) Introduction: Aldi Foods will be opening their store on May 1, 2007 at Mounds View Square. Aldi has applied for an Off-Sale 3.2% Malt Liquor License to sell wine coolers along with their food and other general items. City Code Chapter 503 establishes the process and conditions by which such applications are reviewed and considered, and all such applications shall be reviewed and approved by the Mounds View City Council. Section 503.04 Subd 2(d) also requires that no license shall be issued to a facility located within 500 feet of any church or school. Police Inquiry and Investigations The report from the Minnesota Bureau of Criminal Apprehension for Aldi Foods has not yet been received. The license would be approved pending a satisfactory report. Utility Billing Inquiry (City of Mounds View) No outstanding utility bills. Fire Inspection (City of Mounds View Fire Marshal) Aldi Foods has submitted building permit applications. When construction is complete, occupancy may not occur until a successful final inspection has occurred and certificate of occupancy issued. Chapter 503 Setback Requirement As stated in the introduction, the Code indicates that no off-sale licensed premises shall be within 500 feet of a school or a church. This is important because directly across the Long Lake Road from Mounds View Square is Sunrise United Methodist Church. The Code does not, however, instruct staff as to how such a measurement should be taken. The City Council raised the issue of whether this establishment complies with Chapter 503 and decided to postpone action to allow staff an opportunity to make a determination. After the meeting on March 26, 2007, the following measurements were taken: Property line to property line: 75 feet Building to building: 255 feet Front door to front door: 480 feet (as the crow flies) Front door to front door: 545 feet (as the crow walks) Aldi Report April 9, 2007 Page 2 Since the City Code is not clear on measurement, it is left up to the discretion of the City Council as to whether it believes the premises complies with the Code requirement. In situations like this--the absence of explicit instructions or policy direction--one typically looks to how the rule or requirement was interpreted or applied in the past. In this case, there is a good example for comparison. Big Top Liquor (formerly Budget Liquor) is a tenant at Mounds View Square, and it does not satisfy the 500 foot setback if measured building to building or property line to property line. Because the liquor store was permitted, one can surmise that the measurement must have been conducted leaseable space to leaseable space or front door to front door. (The Church predates Mounds View Square by 20 years.) Staff then asked a sampling of communities how they treat properties with liquor licenses. The following table represents our findings: Arden Hills 500 feet, measured property line to property line Champlin 300 feet, measured from partitioning wall of leaseable space to partitioning wall of leaseable space. Chanhassen No separation required between such uses. Fridley 400 feet, measured in a straight line from the nearest point of building to building Golden Valley 300 feet from any elementary or secondary school structure or within 100 feet of any church structure. Ham Lake Excepting off-sale of beer, no license shall be granted for any place that is not a reasonable distance from any school or church. In evaluating what constitutes a reasonable distance, the City Council shall take into account such factors as the effect of intervening land uses, topography or structures between the proposed location of the licensee and a school or church; anticipated traffic patterns and volumes, additional functions to be provided by this proposed licensee and the need for such functions in the community; and such other factors as the Council deems appropriate. Mound No separation requirement between such uses Mounds View 500 feet…? New Brighton 400 feet, as measured from property line to property line, with a clause that allows the Council to increase or decrease the spacing at its sole discretion, similar to Ham Lake. Savage Requires a Conditional Use Permit if located closer than 500 feet to any existing school, church, day care facility, or residential use. Such distance shall be measured from the nearest property line of the school, church, day care facility, or residential area to the main entrance of the liquor establishment. Woodbury 500 feet, lot line to lot line Aldi Report April 9, 2007 Page 3 Applying the standards above in our situation, the Aldi license would be granted in seven out of the ten cities surveyed. Two of the ten cities (Chanhassen & Mound) require no separation while two additional cities (Ham Lake & New Brighton) provide for broad discretion based on what seems reasonable to the City Council. What Does Aldi Sell? Staff contacted Aldi representatives and asked for additional information which may assist the City Council in making their decision. There are eighteen Aldi stores in Minnesota, 13 or 14 of which have the authority to sell 3.2% alcohol off-sale. We inquired as to the average percent of Aldi gross revenues attributable to alcohol sales in Minnesota. Aldi responded that alcohol sales comprise, on average, about one third of one percent of total store sales. They also respond that in the stores licensed to sell off-sale, the only alcoholic beverages they carry and offer for sale are wine coolers. This would be the case here in Mounds View as well. Legal Opinion The City Attorney indicates that the absence of clear measurement instructions places a certain level of discretion with the City Council, and given that an off-sale liquor license has already been issued at this property (Big Top Liquor), one can conclude that past practice would seem to indicate that the measurement was NOT conducted property line to property line or building to building, thus supporting (for example) a front door to front door measurement. Recommendation Based upon the community survey information, past practice and the opinion from the City Attorney, staff recommends approval of Resolution 7047, a resolution approving an Off- Sale 3.2 Percent Malt Liquor License for Aldi Foods. Staff would further recommend that the Council make a determination as to whether an amendment to Chapters 502 and 503 would be in order to clarify the licensing provisions regarding setbacks and measurement procedures. Respectfully Submitted, Desaree Crane RESOLUTION 7047 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR ALDI FOODS, LOCATED AT 2537 COUNTY HIGHWAY 10 WHEREAS, the Applicant, Aldi Foods, located at 2537 County Highway 10, has applied for an Off-Sale 3.2 Percent Malt Liquor License for its facility at Mounds View Square; and, WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and, WHEREAS, Chapter 503 of the Mounds View Municipal Code establishes the process and conditions by which such licenses are reviewed and considered. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the application for an Off-Sale 3.2 Percent Malt Liquor License for Aldi Foods at 2537 County Highway 10: 1. The subject property (Mounds View Square) is zoned B-4, Regional Business 2. Off-Sale Liquor sales is a permitted use within the B-4 zoning district 3. The Applicant has submitted the proper application materials and fees 4. The licensed premises reasonably satisfies the 500 foot separation requirement from churches and schools 5. The application has been submitted to the Minnesota Bureau of Criminal Apprehension (BCA) for investigation and review NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council, based on the above findings of fact, hereby approves the application for an Off-Sale 3.2 Percent Malt Liquor License for Aldi Foods at 2537 County Highway 10 subject to: 1. Satisfactory report from the Mounds View Fire Marshal 2. Final building permit inspection approval and certificate of occupancy issuance 3. Satisfactory background check conducted by the MN BCA. Adopted this 9th day of April, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 07H Meeting Date: April 2, 2007 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 7056, Approving the 2006 – 2007 Labor Agreement with the Public Works Collective Bargaining Unit Background: The Public Works membership proposed the revised contract provisions at a meeting on March 30, 2007. The contract items are consistent with the Human Resources Committee’s offer, with the exception of the effective date of January 1, 2006 in regard to item 3 below. The Human Resources Committee had agreed to offer an effective date of January 1, 2007. Staff is in the process of calculating the dollar cost of that change and will present that information to the Council on Monday for discussion in executive session. The Public Works contract is the last of the City’s four contracts to be settled for 2006- 2007. Discussion: 1. ARTICLE 27: W ages (same as other City contracts) January 1, 2006: 3% increase January 1, 2007: 3% increase 2. ARTICLE 20: Insurance (same as other City contracts) 2006 Employer Contribution: $685.20 2007 Employer Contribution: $732.20 3. ADD ARTICLE 7.5: Work Schedule Effective January 1, 2006, employees who are called to work prior to the starting time of the shift regularly assigned, due to, but not limited to, performing snow and ice control operations, or due to utility emergencies, weather emergencies, or a cargo spill that creates a hazard, shall be compensated at a preshift premium of $7.00 per hour for the preshift hours worked not to exceed $21.00 per event. When an employee qualifies for both overtime/comp time and preshift premium on the same shift, each hour of preshift pay earned will be eliminated for each hour of overtime/comp time earned.. 4. ARTICLE 23. STANDBY DUTY (adds additional hour of overtime for this duty) 23.1 Effective January 1, 2006, EMPLOYEES assigned standby duty for a seven (7) day period shall be compensated at the rate of ten (10) hours of overtime (1 hour per weekday and 2 ½ hour for Saturday and Sunday) . For each holiday that falls within the seven (7) day period, an additional two hours at overtime rates shall be paid. Such standby pay shall be in addition to other compensation the EMPLOYEE is entitled to under this AGREEMENT including call back pay should the EMPLOYEE be required to return to the City to perform emergency work. 5. ARTICLE 9: Vacation (same as other City contracts) The City proposes five weeks vacation at 205 years of service. 6. ARTICLE 22: Clothing The City will add language in the Labor Contract that new employees will receive reimbursement for the purchase of coveralls up to $100.00 7. Clothing Allowance (2006 and 2007 combined rates) ARTICLE 18.2: Safety Glasses: $260.00 (2006 and 2007), currently $255.00 ARTICLE 22.1: Outdoor Clothing: $96.00 (2006 and 2007), currently $90.00 ARTICLE 22.2: Boots: $245.00 (2006 and 2007), currently $225.00 8. Shop Privileges There will be no use of the Public Works Facility for washing personal vehicles allowed. Many cities have the same policy due to liability issues. 9. Article Revisions The City will make the appropriate house-keeping corrections as stated in Appendix A, attached. 10. Holidays City proposes that the Holiday will remain as stated in the Mounds View Personnel Manual. Recommendation: It is recommended that the City Council approve the attached Resolution 7056, Approving the 2006 – 2007 Labor Agreement with the Public Works Collective Bargaining Unit. If, in the executive session discussion, the Council disagrees with this proposal, this item would be removed from the agenda to provide for additional negotiation with the Collective Bargaining Unit. RESOLUTION 7056 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution 7056, Approving the 2006 – 2007 Labor Agreement with the Public Works Collective Bargaining Unit WHEREAS, the City Council does hereby ratify the 2006 – 2007 Labor Agreement with the Public Works Collective Bargaining Unit, with the following revisions to be made: 1. ARTICLE 27: W ages (same as other City contracts) January 1, 2006: 3% increase January 1, 2007: 3% increase 2. ARTICLE 20: Insurance (same as other City contracts) 2006 Employer Contribution: $685.20 2007 Employer Contribution: $732.20 4. ADD ARTICLE 7.5: Work Schedule Effective January 1, 2006, employees who are called to work prior to the starting time of the shift regularly assigned, due to, but not limited to, performing snow and ice control operations, or due to utility emergencies, weather emergencies, or a cargo spill that creates a hazard, shall be compensated at a preshift premium of $7.00 per hour for the preshift hours worked not to exceed $21.00 per event. When an employee qualifies for both overtime/comp time and preshift premium on the same shift, each hour of preshift pay earned will be eliminated for each hour of overtime/comp time earned.. 4. ARTICLE 23. STANDBY DUTY (adds additional hour of overtime for this duty) 23.1 Effective January 1, 2006, EMPLOYEES assigned standby duty for a seven (7) day period shall be compensated at the rate of ten (10) hours of overtime (1 hour per weekday and 2 ½ hour for Saturday and Sunday) . For each holiday that falls within the seven (7) day period, an additional two hours at overtime rates shall be paid. Such standby pay shall be in addition to other compensation the EMPLOYEE is entitled to under this AGREEMENT including call back pay should the EMPLOYEE be required to return to the City to perform emergency work. 5. ARTICLE 9: Vacation (same as other City contracts) The City proposes five weeks vacation at 205 years of service. Resolution 7056 August 28, 2006 Page 2 6. ARTICLE 22: Clothing The City will add language in the Labor Contract that new employees will receive reimbursement for the purchase of coveralls up to $100.00 8. Clothing Allowance (2006 and 2007 combined rates) ARTICLE 18.2: Safety Glasses: $260.00 (2006 and 2007), currently $255.00 ARTICLE 22.1: Outdoor Clothing: $96.00 (2006 and 2007), currently $90.00 ARTICLE 22.2: Boots: $245.00 (2006 and 2007), currently $225.00 8. Shop Privileges There will be no use of the Public Works Facility for washing personal vehicles allowed. Many cities have the same policy due to liability issues. 9. Article Revisions The City will make the appropriate house-keeping corrections as stated in Appendix A, attached. 10. Holidays City proposes that the Holiday will remain as stated in the Mounds View Personnel Manual. WHEREAS, the City Council has traditionally awarded the same cost of living increase and health insurance contribution to all employee groups in order to maintain internal equity. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify the Public Works Collective Bargaining Unit agreement effective for two years from January 1, 2006 until the 31st day of December 2007. Adopted this 9th day of April, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 7I Meeting Date: April 9, 2007 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Resolution 7060 Approving Issuance of an On- Premises Sign Permit Request for the Mermaid Located at 2200 County Road 10 Introduction: As discussed at the April 2, 2007 Council worksession meeting, Charlie Hall, owner of the Mermaid Entertainment and Event Center located at 2200 County Road 10, has submitted a letter requesting approval for the issuance of an on-premises sign to replace their existing sign, which was damaged last year after a lightning strike. Discussion: Mr. Hall had explored repairing the sign however it has been determined that the technology is outdated and that parts are no longer available through the manufacturer or vendor. It had been expressed to Mr. Hall in a letter dated March 9, 2007 that a sign moratorium had been adopted which prohibits new electronic changing message signs. While the moratorium does allow damaged signs to be replaced, the caveat is that the sign may only be replaced to the same condition and method of construction and operation that existed prior to the damage. Mr. Hall is urging the City Council to make an exception to the ordinance to allow them or the future owner to replace the existing, damaged sign using current technology (as the old technology cannot be replicated) without changing the sign’s functionally capabilities. To approve the issuance of an on-premises electronic sign, the City Council must find that either extenuating circumstances warrant approval or that the sign replacement would fall outside the intended provisions of the moratorium. Based on the information received at the worksession, it appears as though the requested sign replacement for the Mermaid Entertainment and Event Center would be outside of the intended scope of the moratorium adopted on February 12, 2007. Recommendation: Staff has prepared Resolution 6070, a resolution approving an on-premises sign replacement for the Mermaid Entertainment and Convention Center located at 2200 County Road 10 with stipulations. Mermaid Sign Request April 9, 2007 Page 2 The conditions of permit approval are as follows: 1. No off-site advertising shall be allowed on the proposed sign. Advertisements shall be limited to activities, services or products available ON-PREMISES. This restriction shall not apply for non-profit activity, community events or other civic-related notices. 2. The intensity of the light emanating from the sign shall not annoy, disturb, distract or otherwise pose a hazard to motorists, aircraft and/or pedestrians. Owner agrees to adjust intensity if requested by the City. 3. The owner acknowledges that the City has adopted a moratorium on new electronic message signs and affirms that the replacement sign’s capabilities will remain unchanged as a result of its replacement. 4. The sign shall not flash, strobe or mimic traffic control lights. Live video feeds or video clips shall not be displayed on the sign. 5. The owner agrees to remove or modify any content deemed a violation of City Code. 6. A Building Permit is required for the sign replacement. Respectfully submitted, ________________________ James Ericson Community Development Director RESOLUTION 7060 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE ISSUANCE OF AN ON-PREMISES SIGN PERMIT FOR THE MERMAID ENTERTAINMENT AND CONVENTION CENTER LOCATED AT 2200 COUNTY ROAD 10 WHEREAS, the City Council adopted a moratorium on February 12, 2007 restricting the erection of new electronic or changing message signs to provide the City with an opportunity to study and assess new technologies as it relates to public safety and visual blight; and, WHEREAS, the moratorium does not prohibit the maintenance, repair or replacement of existing electronic or changing message signs so long as the sign is maintained, repaired or replaced in the same manner and operation as before; and, WHEREAS, the owner of the Mermaid Entertainment and Convention Center (the “Mermaid”) located at 2200 County Road 10 has requested permission to replace its electronic sign which was damaged in a storm in 2006; and, WHEREAS, the owner attempted to have the sign repaired and discovered that replacement parts were no longer being produced and, as a result, requested permission for the replacement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that it finds that the requested sign permit for the replacement of the Mermaid’s electronic changing message sign falls outside of the scope of the provisions of the adopted moratorium, so long as the following conditions are satisfied: 1. No off-site advertising shall be allowed on the proposed sign. Advertisements shall be limited to activities, services or products available ON-PREMISES. This restriction shall not apply for non-profit activity, community events or other civic- related notices. 2. The intensity of the light emanating from the sign shall not annoy, disturb, distract or otherwise pose a hazard to motorists, aircraft and/or pedestrians. Owner agrees to adjust intensity if requested by the City. 3. The owner acknowledges that the City has adopted a moratorium on new electronic message signs and affirms that the replacement sign’s capabilities will remain unchanged as a result of its replacement. Resolution 7060 Page 2 4. The sign shall not flash, strobe or mimic traffic control lights. Live video feeds or video clips shall not be displayed on the sign. 5. The owner agrees to remove or modify any content deemed a violation of City Code. 6. A Building Permit is required for the sign replacement. 7. The size of the sign face shall not increase beyond the presently existing sign area. NOW, THEREFORE, BE IT FINALLY RESOLVED by the City Council of the City of Mounds View that it authorizes approval of a building permit for a new electronic, changing message sign for the Mermaid at 2200 County Road 10. Adopted this 9th day of April 2007. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) Item No. 7J Meeting Date: April 9, 2007 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7063 Awarding a Construction Contract for the Oakwood Park Improvement Project – Phase 1 Background: On April 24, 2006, the City Council approved Resolution 7053 holding the Public Improvement Hearing, ordering the project, approving plans and specifications, authorizing the advertisement for bids, and setting a bid date for the Oakwood Park Improvement Project – Phase 1. Phase 1 includes the creation of a level field area at the southeast corner of Hillview Road and Quincy Street. Activities associated with phase 1 include removal of the current baseball field (including ag-lime infield and fencing), re- grading of the site, installation of an irrigation system, and re-establishment of turf. A chain-link fence is planned to be constructed near and parallel to the north and west property lines. The installation of this fence is proposed to be included in a separate contract – to be installed after the initial grading and restoration of the site. The other proposed upgrades to Oakwood Park include: Phase 2 – Playground Installation Phase 3 – Disc Golf Course Installation Discussion: NOTE: Bids were not be received before this report was due. Bid Data will be presented at the April 9, 2007 City Council Meeting. Bids for the Oakwood Park Improvement Project – Phase 1 were received at 10:00 a.m. on Monday, April 9, 2007 at City Hall. A list of the bids received is attached for City Council’s review. Bid Review - A total of XXX (X) bids were received for this project. A complete bid summary is as follows: Bidder’s Name Base Bid XXXXXXXX XXXXX, XXX. $XX,XXX.XX XXXXXXXX XXXXX, XXX. $XX,XXX.XX XXXXXXXX XXXXX, XXX. $XX,XXX.XX XXXXXXXX XXXXX, XXX. $XX,XXX.XX XXXXXXXX XXXXX, XXX. $XX,XXX.XX XXXXX XXXXX, XXXXXXX submitted the apparent low bid in the amount of $XX,XXX.XX. This amount compares to the engineer’s estimate of $54,000.00. All costs for this project will be financed via funds derived from the City’s Park Dedication Fund (Account: 251-4470-7050-084). Recommendation: It is recommended the Council adopt the attached resolution awarding the construction contract for the Oakwood Park Improvement Project – Phase 1. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7063 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING THE CONSTRUCTION CONTRACT FOR THE OAKWOOD PARK IMPROVEMENT PROJECT – PHASE 1 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT WHEREAS, pursuant to Resolution No. 7053 adopted by the City Council on March 26, 2007, sealed bids were received on April 9, 2007, at 10:00 a.m. for the Oakwood Park Improvement Project – Phase 1; and WHEREAS, the low responsive bid was received from XXXXXX XXXXXXX, XXXXXXXXXXXX with a Base Bid $XX,XXX.XX for the Oakwood Park Improvement Project – Phase 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That the Base Bid of XXXXX XXXX, XXXXXXX in the amount of $XX,XXX.XX for the Oakwood Park Improvement Project – Phase 1 is the lowest responsive bid. 2. That a contract to perform said work is awarded to XXXXX XXXXXXXX XXXXXXX and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder. 3. The Public Works Department is authorized and directed to return the deposit made for said bids, except the deposit of the successful bidder, which shall be retained until a contract has been signed. Adopted this 9th day of April 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No. 8D Meeting Date: April 9, 2007 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7065 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the 2007 Seal Coat Project Background: Seal Coating is a common preventative maintenance activity in Minnesota performed by most cities, counties, and rural Mn/DOT districts. It involves spraying asphalt cement on the surface of an existing pavement followed by the application of a cover aggregate. The asphalt cement is usually emulsified (suspended in water) to allow for it to be applied without the addition of extreme heat. The cover aggregate is normally either naturally occurring gravel or crushed aggregate such as granite, quartzite or traprock (basalt). The primary reason to seal coat an asphalt pavement is to protect the pavement from the deteriorating effects of sun and water. When an asphalt pavement is exposed to sun, wind and water, the asphalt hardens, or oxidizes. This causes the pavement to become more brittle. As a result, the pavement will crack because it is unable to bend and flex when exposed to traffic and temperature changes. A seal coat combats this situation by providing a waterproof membrane which not only slows down the oxidation process but also helps the pavement to shed water, preventing it from entering the base material. The secondary benefit of seal coating is an increase in the surface friction it provides. This is accomplished by the additional texture the cover aggregate adds to the pavement. With time, traffic begins to wear the fine material from the asphalt pavement surface. This results in a condition referred to as raveling. When enough of the fine material is worn off the pavement surface, traffic is driving mostly on the course aggregate. As these aggregate particles begin to become smooth and polished, the roadway may become slippery, making it difficult to stop quickly. A seal coat increases the pavement texture and increases the surface friction properties. In most cases, seal coating is done on roadways with low to moderate traffic volumes (up to several thousand vehicles per day). This is due to the increased chance of windshield damage to vehicles during and immediately after construction as traffic volume and speed limits increase. Roadways to be seal coated should also be in relatively good condition. This means that there should be little, if any, load related distress such as alligator cracking, rutting and potholes. If these conditions exist, the road should not be sealed unless it is repaired first. Discussion: Preliminary Report - The first step in a public improvement process is the preparation of a preliminary engineering report. It is recommended that the preliminary report be ordered at this time to determine the need and feasibility, both physical and economic, of providing the necessary public improvements. Consultant Selection – There are several engineering consultants within the City’s “consultant pool” from whom services could be obtained. Staff recommends that the Council retain the services of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. The adopted 2007 budget has $180,000.00 allotted for this project in the construction account of the Street Improvement Fund (account 285-4470-7050). The budget also has $50,000.00 allotted in the Park Dedication Fund for improvements to the Silver View Park parking lot. The main part of these improvements will include seal coating the parking lot. Recommendation: It is recommended the City Council adopt a resolution authorizing the preparation of a preliminary feasibility report and the selection of a consultant for the 2007 Seal Coat Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7065 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PREPARATION OF A PRELIMINARY FEASIBILITY REPORT AND CONSULTANT SELECTION FOR THE 2007 SEAL COAT PROJECT WHEREAS, seal coating is a common preventative maintenance activity in Minnesota performed by most cities, counties, and rural Mn/DOT districts; and WHEREAS, the primary reason to seal coat an asphalt pavement is to protect the pavement from the deteriorating effects of sun and water; and WHEREAS, the first step in a public improvement process is the preparation of a preliminary engineering report; and WHEREAS, there are several engineering consultants within the City’s “consultant pool” from whom services could be obtained; and WHEREAS, Staff recommends that the Council retain the services the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council; and WHEREAS, the adopted 2007 budget has $180,000.00 allotted for this project in the construction account of the Street Improvement Fund (account 285-4470-7050) and $50,000.00 allotted in the Park Dedication Fund for parking lot improvements for the Silver View Park parking lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. It is hereby authorized that the preliminary report for the 2007 Seal Coat Project be prepared. Said preliminary report shall include an analysis as to whether the proposed improvements are necessary, cost effective, and feasible. 2. The services of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) shall be retained to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. Adopted this 9th day of April 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 March 12, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:06 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 12, 2007 City Council Agenda 22 23 MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 12, 2007 City Council 24 Agenda as Amended. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 William Werner of 2765 Sherwood Road asked how long Council expected this meeting to last 31 tonight. 32 33 Mayor Marty said his goal would be to adjourn by 9:30 p.m. 34 35 David Jahnke of 8428 Eastwood Road said he watched the last couple of meetings and he is 36 concerned that anyone can come and talk as long as they want and asked if that is true. 37 38 Mayor Marty indicated that if Council is discussing something and there is someone from the 39 audience that wants to speak about the item they can. He then said that Council will determine 40 how the meeting is moving along and determine the amount of time allowed. 41 42 Mr. Jahnke said that a resident had commented that Medtronic was a burden to this community 43 and he would like to ask the Finance Director how Medtronic is a burden. 44 45 Mounds View City Council March 12, 2007 Regular Meeting Page 2 Mayor M arty explained that it will not be a tax benefit until the year 2033. 1 2 Finance Director Beer indicated that the City does collect taxes on it now and did not when it 3 was a golf course and it is yet to be determined whether the costs will outweigh the benefit. He 4 further said that there is a $13,000,000 tax value to the property now. 5 6 Mr. Jahnke asked why people keep bringing Medtronic up 7 8 Council Member Stigney said that with Medtronic there is a zero percent tax levy and that is a 9 direct benefit. 10 11 Jackie Ensminger of 7954 Long Lake Road said that she takes issue with the night of the work 12 session when Chief Sommer requested the police cars to be painted black and white and she 13 thinks it is shameful that he was dismissed and she feels that they should be given what they 14 want and a Chief of Police should not have to go through what he went through and Council 15 should take care of the police officers if nothing else than for morale. 16 17 Mayor Marty agreed and said that for $700 per car it would be worthwhile. 18 19 Michael Herbst of 2216 Kingsford Lane wanted to discuss the Code violations in the 20 manufactured home park because they will not do anything for the residents. He then said that 21 they want two exits to allow for emergency access to the park. He also provided Council with 22 information on how his home is settling and sinking and the issues that is causing. 23 24 Mayor Marty indicated that he and Staff will make arrangements to come out and look at the 25 situation. 26 27 6. SPECIAL ORDER OF BUISNESS 28 29 None. 30 31 7. COUNCIL BUSINESS 32 33 A. Public Hearing, Consider Resolution 7021, Authorizing a Transfer of an on 34 Sale Intoxicating Liquor License from Moundsvista, Inc., d/b/a The 35 Mermaid, to Mounds View Bowling, Inc., d/b/a Mermaid Lanes, located at 36 2200 County Highway 10 37 38 Ms. Crane explained that Section 502.08 of the City Code requires that a public hearing be held 39 prior to issuing any intoxicating liquor license. The City of Mounds View issued an on-sale 40 intoxicating liquor license for The Mermaid on June 30, 2006. The Mermaid will change 41 ownership from Dan Hall (Moundsvista, Inc.) to a Michael and Matthew Anderson (Mounds 42 View Bowling, Inc.) on or about April 12, 2007. 43 44 Mounds View City Council March 12, 2007 Regular Meeting Page 3 Ms. Crane explained that Mounds View Bowling, Inc., has submitted the City liquor license 1 application materials (to include the application to stay open until 2am per Ordinance 717), and 2 the applicable fees. The notice of this public hearing was sent out to residences within a 350 foot 3 radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton 4 Bulletin. Staff recommends approval pending the payment of the utility bill and a satisfactory 5 report from the Minnesota Department of Criminal Apprehension. The establishment will have 6 another fire inspection when the building ownership is finalized. 7 8 Hearing no public comment, Mayor Marty closed the public hearing. 9 10 Council Member Flaherty asked if there were any other items for consideration before approval 11 not listed by Staff. 12 13 Ms. Crane explained that approval will not be issued until the items listed as contingencies are 14 provided. 15 16 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7021, 17 Authorizing a Transfer of an on Sale Intoxicating Liquor License from Moundsvista, Inc., d/b/a 18 The Mermaid, to Mounds View Bowling, Inc., d/b/a Mermaid Lanes, located at 2200 County 19 Highway 10. 20 21 Ayes – 5 Nays – 0 Motion carried. 22 23 B. Resolution 7030, Authorizing the Exterior Property Abatement at 2263 24 County Road H2 25 26 Housing Inspector Anderson provided an overview of the exterior code issues at 2263 County 27 Road H2. 28 29 Staff explained that on February 23, 2006 and in April of 2005 they were notified for the exact 30 same issue but they have not been able to take care of the cleanup this time. 31 32 Council Member Mueller asked how long this would take and what the estimate of costs would 33 be. 34 35 Mr. Anderson explained that the City has a contract with a towing company to handle the 36 vehicles on the property and provided an estimate of the number of yards of debris to be 37 removed. 38 39 Council Member Stigney asked if everything is in line legally so that the City does not get sued. 40 41 Mr. Anderson explained that, based upon the recommendation of the City Attorney, Staff feels 42 that the legal requirements are being met. 43 44 Council Member Flaherty asked whether the property owner is aware of what is going on. 45 Mounds View City Council March 12, 2007 Regular Meeting Page 4 1 Mr. Anderson indicated that based on previous history with this property owner he is confident 2 that they are aware of the ramifications of this action. 3 4 Council Member Flaherty said he would like Staff to make personal contact with the property 5 owner to ensure that they are aware. 6 7 Mayor Marty indicated that this is the third year in a row so it appears to be habitual and this 8 takes up Staff time. He then asked if there is anything else the City can do to prevent the issue 9 from continuing to happen. 10 11 Mr. Anderson indicated that Staff is working on some options for a graduated fee schedule that 12 will be brought to Council for consideration. 13 14 Council Member Stigney asked when official notification is given to the property owner. 15 16 Mr. Anderson indicated that he will drive out to the home and try to make direct contact and then 17 mail them a letter informing them. 18 19 Council Member Stigney would like to know how many days until the City abates the nuisance 20 and he would like to give the property owner a certain number of days to abate the issue before 21 the City does it. 22 23 Mr. Anderson said that if the resident makes contact with Staff and presents a reasonable plan of 24 action to abate the issues at the property then Staff would be willing to work with them on that. 25 26 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7030, 27 Authorizing the Exterior Property Abatement at 2263 County Road H2 as Amended. 28 29 Council Member Mueller asked if it seems that someone is living at the home or does it appear 30 that they are not living there or are on vacation. 31 32 Mr. Anderson explained that they leave a notice on the door and the next day when driving by the 33 notice is gone. 34 35 Council Member Flaherty suggested no sooner than five calendar days and not later than 10 days 36 to allow the City time to contact the resident. 37 38 The Motion and Second agreed to the amendment. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 C. Resolution 7038, A Resolution Approving the Purchase of a Mobile 43 Command and Communication Vehicle for the SBM Fire Department 44 45 Mounds View City Council March 12, 2007 Regular Meeting Page 5 Fire Chief Zikmund addressed Council and explained the Fire Department’s request for a Mobile 1 Command and Communication Vehicle for the Fire Department. 2 3 Chief Zikmund explained that they had visited the manufacturer’s site and feel confident that the 4 vehicle will meet the needs of the Fire Department. 5 6 Council Member Mueller asked what the primary function of a Chemical Assessment Team is. 7 8 Chief Zikmund explained that the command and communication van is a tool that will be used by 9 whomever is in charge of the emergency scene be it police or fire. 10 11 MOTION/SECOND: Mueller/Marty. To Waive the Reading and Approve Resolution 7038, A 12 Resolution Approving the Purchase of a Mobile Command and Communication Vehicle for the 13 SBM Fire Department. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 D. Resolution 7039, a Resolution Approving the SBM Fire Department, in 18 Cooperation with the Coon Rapids and Fridley Fire Departments in 19 Submitting a Proposal to the State of Minnesota Department of Public Safety 20 to Continue in the Role as one of the Chemical Assessment Teams 21 22 Fire Chief Zikmund explained that the SBM Fire Department would like to remain one of the 23 Chemical Assessment Teams and would like authority to work with the cities of Coon Rapids 24 and Fridley to submit a proposal to the State of Minnesota to continue this role. 25 26 Fire Chief Zikmund provided an explanation of the types of equipment on the chemical 27 assessment truck and explained that the truck is rotated with Coon Rapids and SBM. 28 29 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7039, a 30 Resolution Approving the SBM Fire Department, in Cooperation with the Coon Rapids and 31 Fridley Fire Departments in Submitting a Proposal to the State of Minnesota Department of 32 Public Safety to Continue in the Role as one of the Chemical Assessment Teams. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 Fire Chief Zikmund indicated that the two new engines were delivered and one will be at the 37 town hall meeting on the 14th. 38 39 E. Resolution 7029, Wetland Alteration Permit Associated with the Proposed 40 Longview Estates Subdivision 41 42 Community Development Director Ericson explained that the property owner is before Council 43 for a wetland alteration permit to allow for the tree removal that occurred. He then explained that 44 Mounds View City Council March 12, 2007 Regular Meeting Page 6 this is an after the fact permit request due to the fact that Staff did not communicate to Mr. 1 Harstad that he needed such a permit. 2 3 Director Ericson read from the Code listing what constitutes the requirement to obtain a wetland 4 alteration permit. 5 6 Director Ericson indicated that in working with Rice Creek and the City’s Staff the criteria were 7 reviewed as listed in the Staff report and all appear to be satisfied and Staff finds no basis to deny 8 this tree removal permit. 9 10 Director Ericson explained that any other planned work would need another alteration permit to 11 be reviewed by Council. 12 13 Dave Tillman of 5166 Longview Drive addressed Council and said that they realize that this will 14 occur and it states that nothing else shall occur. He then provided a picture taken two hours ago 15 of fill that was dumped after the trees were removed. 16 17 Director Ericson said that there is new dirt on the site after the trees were removed. 18 19 Reed Hiltman of Longview Drive said that he is irritated with the process and thinks that the City 20 should be more proactive rather than reactive to ensure that other developers do not do the same 21 thing and ask for a permit after the fact. 22 23 Director Ericson said that Staff is working with the City Attorney on Chapter 1010 of the City’s 24 Code to clarify some of the language in it concerning enforcement to ensure the City is in a better 25 position to follow up on willful disregard in the future. 26 27 Director Ericson indicated that Staff can attempt to ascertain where the fill came from and will 28 ask Rice Creek to follow up if there is no permit from Rice Creek. Staff would need to consult 29 with the City Attorney to determine what type of recourse is available. 30 31 Martin Harstad of 2191 Silver Lake Road explained that they have not placed any fill on the 32 property and have not done any grading. They did grind stumps outside of the wetland but not 33 within it and only removed trees. He then said that if someone did place fill then he would 34 request that they be prosecuted because no one has been given authorization to place fill. He 35 further said that no one that he is associated with has dumped any fill on this site. 36 37 Council Member Mueller asked whether the originally submitted tree removal plan was 38 followed. 39 40 Mr. Harstad said he requested that the dead trees that were blown down in addition to the trees 41 listed for removal be taken. He further explained that the storm that happened devastated the site 42 and he requested that the dead fall be removed 43 44 Mounds View City Council March 12, 2007 Regular Meeting Page 7 Council Member Flaherty asked whether a wetland alteration permit was required for Red Oak 1 Estates. 2 3 Mr. Harstad indicated that the judge did not require it. 4 5 Council Member Flaherty explained that the permit states that no fill shall be brought onto the 6 site. He then said that the permit requested will allow only for tree removal from the Longview 7 tract of land and nothing else is permitted. He further asked if that includes removal of stumps. 8 9 Mr. Harstad said that is controlled by the local governing unit and that would be Rice Creek. He 10 then said that trees can be removed in the winter but you must leave the stump. He further said 11 that if you look at the site you will see stumps in the wetland area and the stumps outside of the 12 wetland were ground. 13 14 Mayor Marty said he feels a little uneasy about the language concerning increasing flow and he is 15 concerned about removing cottonwoods because a mature cottonwood can take upwards of 500 16 gallons of water per day. He then said that even though they are scrub trees they are useful and 17 he is concerned for the future and removing the water vacuums may create some impact to the 18 water table in the low lying areas. 19 20 Director Ericson said that he asked Rice Creek Watershed District that question and then said 21 that he has a response from them by email. He further said that larger trees do absorb a certain 22 quantity of water but he does not feel that they will impact flood storage or water to be contained 23 in a certain area. 24 25 Mr. Harstad explained that there are inlets to the property but there is also an outlet and the 26 wetland will not change a whole lot because it is usually at capacity due to the inlets. 27 28 Council Member Flaherty said that he would like Council to consider in the future that there was 29 only 48 hours between when the notification was made to the City and the commencing of the 30 work. 31 32 Mr. Harstad apologized for that but said that this project has been a long process and there have 33 been numerous meetings and said that he feels it was made clear that he wanted to develop his 34 property. He then said that the delineation flags were out and he did call the City and the 35 watershed district and the chair of the watershed and then he proceeded. 36 37 Pete Severson of 5172 Longview Drive said that he just heard a Council Member speaking for 38 him and he would prefer that does not happen. He then said that he does not have a very good 39 neighbor in regards to protecting the earth and providing habitat for the animals. He further said 40 that it was a surprise when the big trees started coming down. 41 42 Mr. Severson said he would like to know how the City handles landowners who ignore the rules 43 and landowners who ignore the process. He then asked if the City feels that this developer really 44 did not know the rules. He further said that this should have been handled differently. 45 Mounds View City Council March 12, 2007 Regular Meeting Page 8 1 Mayor Marty indicated that the entire area is not considered wetland and the City cannot deny a 2 property owner the use of his or her property unless the City wants to pay them for it. 3 4 Jacob Sheck of 5168 Longview Drive asked that Mr. Ericson or the Council help in letting 5 residents know ahead of time because of his son’s respiration situation and to have information 6 ahead of time to be able to plan would be nice. 7 8 Mayor Marty indicated he has been out at the site with Staff and what they want to do after the 9 plans are brought is to have a landscaping plan to go along with the development. 10 11 Mr. Harstad indicated that they have the plans completed at this time. He then said that they 12 approached Rice Creek Watershed and asked if they could open their old permit and noted they 13 are requesting less wetland fill under this plan and will have 8 lots instead of 11 and will leave 14 the trees along Silver Lake Road. He further said they will submit plans within the next few 15 weeks. 16 17 Ann Tillman of Longview Drive said she had a question about the City clearly communicating 18 that a permit was required. She then asked if it is the City’s responsibility to notify or is it the 19 property owner’s responsibility to obtain the proper permits. 20 21 Mayor Marty indicated that there had been some miscommunication or misunderstanding when 22 Mr. Harstad built Red Oak Estates there was a court order and the City said they are your trees 23 and then this property was discussed and there were some communication issues with the project. 24 25 MOTION/SECOND: Hull/Stigney. To Waive the Reading and Approve Resolution 7029, 26 Wetland Alteration Permit Associated with the Proposed Longview Estates Subdivision. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 F. Resolution 7033, Adopting a City Vision and Mission Statement, Goals 31 Program, Values Statement, and Rules of Conduct as Amended to be a Draft 32 33 City Administrator Ulrich explained that City leadership and Council met and discussed City 34 Vision and Mission Statements and recommended approval of the documents. He then read the 35 vision statement and goals for the City. 36 37 Mayor Marty asked if Council could get copies of these documents for the Council Chambers. 38 39 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7033, 40 Adopting a City Vision and Mission Statement, Goals Program, Values Statement, and Rules of 41 Conduct as Amended to be a Draft. 42 43 Council Member Stigney said he does not recall the Rules of Conduct being discussed. He then 44 said that he has an exception to the criticizing comment in the Rules of Conduct. 45 Mounds View City Council March 12, 2007 Regular Meeting Page 9 1 William Werner of 2765 Sherwood Road said that this seems like Council is trying to sneak 2 something in and then ask people what they think of it. He then asked if Council approves of this 3 Resolution. 4 5 Mayor Marty indicated that the Council goals carried the most weight. 6 7 City Administrator Ulrich said that in the past Council has asked residents about the goals at the 8 town hall meeting if Council is interested. 9 10 Mayor Marty amended the Resolution to be a draft to be approved after the town hall meeting. 11 12 The Motion and Second agreed. 13 14 Council Member Mueller asked that the draft be posted on the website for resident review. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 G. Resolution 7028, Adopting a Calendar for the Preparation of the 2008 19 Budget 20 21 Finance Director Beer explained that this would approve a budget calendar noting that by the 22 June 4, 2007 meeting Staff would like to have Council budget goals. He then said that Council 23 must adopt its preliminary budget and levy in September. 24 25 Mayor Marty said that his calendar in the folder only goes to June but the September 15, 2007 is 26 a work session. 27 28 Finance Director Beer explained that would give Council and option for a special work session to 29 discuss budget. 30 31 Council discovered that the calendar dates do not match the Resolution. Staff will review it and 32 bring it back at the next meeting. 33 34 MOTION/SECOND: Marty/Mueller. To Move Approval of the Resolution to the Next Meeting 35 Under the Consent Agenda. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 H. Resolution 7032, Step Increases for Officer Nicholas Erickson and Officer 40 Ben Zender 41 42 Mayor Marty read Resolution 7032. 43 44 Mounds View City Council March 12, 2007 Regular Meeting Page 10 MOTION/SECOND: Marty/Mueller. To Approve Resolution 7032, Step Increases for Officer 1 Nicholas Erickson and Officer Ben Zender. 2 3 Council Member Mueller indicated she met Officer Erickson on a snowy evening recently and he 4 conducted himself very professionally and was very helpful. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 I. Resolution 7045, Establishing the Streets and Utility Reconstruction Task 9 Force 10 11 City Administrator Ulrich explained that Staff is recommending a Task Force to discuss and 12 meet as a Council and invite interested residents to attend to discuss street and utility 13 reconstruction throughout the City. 14 15 Mayor Marty suggested changing the time from 5:30 p.m. to 7:00 p.m. 16 17 Council Member Stigney would like to set a date for completion rather than saying end of 18 summer. 19 20 Council agreed to August 31, 2007. The first meeting of the Task Force will be April 16, 2007. 21 22 Tom Winiciki of Sherwood Road asked if they would be notified of when the meetings will be. 23 24 City Administrator Ulrich indicated that he would take the name and notify them. 25 26 Council asked Staff to put the dates on the website. 27 28 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7045, 29 Establishing the Streets and Utility Reconstruction Task Force. 30 31 Ayes -5 Nays – 0 Motion carried. 32 33 8. CONSENT AGENDA 34 35 A. Licenses for Approval 36 B. Schedule a Public Hearing for Monday, March 26, 2007, at7:10 p.m. to 37 Consider Resolution 7043, Approving an Outdoor Liquor Consumption 38 Endorsement for Moe’s Located at 2400 County Highway 10 for June 8- 10, 39 2007 40 C. Resolution 7034, Authorizing the Purchase of Employee Gift Certificates for 41 the May 4, 2007 Employee Appreciation Day 42 D. Resolution 7035, Authorizing Additional Expenditures to Cities Digital for 43 Services Rendered 44 Mounds View City Council March 12, 2007 Regular Meeting Page 11 E. Resolution 7037, a Resolution Approving a Restaurant and Bowling License 1 Transfer for Mermaid Lanes Located at 2200 County Highway 10 2 F. Resolution 7041, Approving Purchase of a Replacement White Marked Squad 3 Car 4 G. Resolution 7040 Transfer of Restaurant License from Nath Minnesota 5 Franchise Group, Inc., to Duke & King Acquisition Corp for the Burger King 6 Restaurant Located at 2651 County Road I 7 H. Resolution 7044, Approving a Restaurant License for Little Caesar’s Pizza 8 Located at 2581 County Highway 10 9 I. Resolution 7042, Approving Out of State Travel and Conference Attendance 10 J. Resolution 7046 Approving Robin Marion to the Police Civil Service 11 Commission 12 13 Council Member Flaherty requested to remove Item D. 14 15 Council Member Mueller requested to remove Item G. 16 17 Mayor Marty pulled item F. 18 19 MOTION/SECOND: Mueller/Flaherty. To Approve Consent Agenda Items A, B,C, E, H, I, and 20 J as Presented. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 D. Resolution 7035 Authorizing Additional Expenditures to Cities Digital for 25 Services Rendered 26 27 Council Member Flaherty said he pulled this due to the 25% over the original bid and it seems to 28 him that the bid was approved and the 25% seems excessive because quotes are usually within 29 5% to 10% of the amount quoted. 30 31 Mayor Marty said that one thing that flagged this for him was files containing large format 32 documents and color images was more than was estimated. He then asked if the quote would be 33 adequate for next year. 34 35 Community Development Director Ericson explained that there were a lot of large scale 36 drawings and special planning case files. He then said that they were not pleased with the 37 increase but in year two scanning would be microfilm and rolls and microfiche all of which are 38 standard size and quality so there should not be any surprises moving forward. 39 40 Council Member Flaherty asked if there is anything the City can do to bring costs back in line 41 with the estimate. 42 43 Finance Director Beer indicated that there are some finance items that do not need to be scanned 44 and that would reduce the amount for 2008. 45 Mounds View City Council March 12, 2007 Regular Meeting Page 12 1 Director Ericson said that maybe Staff could have done some of the prep work and will do so 2 moving forward to realize any savings possible. 3 4 Mayor Marty said that this scanning needs to get done to ensure that there are good records 5 available. 6 7 Council Member Flaherty agreed but said that this expenditure was not budgeted for to this 8 extent. 9 10 MOTION/SECOND: Flaherty/Mueller. To Deny Resolution 7035, Authorizing Additional 11 Expenditures to Cities Digital for Services Rendered. 12 13 Council Member Mueller said that the company hired to do this is professional and should have 14 known what they were getting into and their estimate should have been within 5% of their 15 estimate and to come back with this high of an overage is unacceptable. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 Director Ericson asked if Staff can resubmit an additional request for $1,000 for the scanning of 20 Minutes and Resolutions for 2007. He then asked whether the overage should be moved to 2008. 21 22 Council Member Mueller wants to have the company bring back an invoice more in line with the 23 estimate. 24 25 F. Resolution 7041, Approving Purchase of a Replacement White Marked 26 Squad Car 27 28 Mayor Marty indicated that he would like to approve the black and white squad cars and would 29 amend the Resolution from replacement white squad car to black and white as requested by the 30 Police Department. 31 32 MOTION/SECOND: Marty/Flaherty. To Approve Resolution 7041, Approving Purchase of a 33 Replacement White Marked Squad Car as amended to a Black and White Squad Car. 34 35 Council Member Mueller said that she took an unofficial poll and spoke with three officers and 36 she wanted to know if they felt it was important for safety purposes to have black and white cars. 37 All three officers said they thought it would be nice and that it is trendy now but they have such 38 nice lighting systems in the cars now so that visibility in a white car is not a safety issue. She 39 further said that there are other uses for forfeiture funds that could better benefit the City. 40 41 Council Member Stigney said that this was discussed at the work session and a national 42 ophthalmologist said this would be a step backward because they are not more visible. He then 43 said that he has seen nothing to change his mind that this is necessary. 44 45 Mounds View City Council March 12, 2007 Regular Meeting Page 13 David Jahnke asked if the Chief asked for this. 1 2 Council indicated that he did. 3 4 Mayor Marty indicated that the Chief said that this was a request from the department. 5 6 Council Member Flaherty said he appreciated the residents’ comments but he did not get the 7 impression that this would mean a lot to the department to have this done. He then said that if 8 this is something that the police force feels strongly about then he would agree that this should be 9 done for them but he has not gotten that impression. He further said that he would invite the 10 Chief to come back and discuss this further. 11 12 Mayor Marty asked that Chief Sommer report back to the Council on the importance of this issue 13 for the Department. 14 15 Ayes – 1 (Marty) Nays – 4 Motion failed. 16 17 MOTION/SECOND: Stigney/Hull. To Approve Resolution 7041, Approving Purchase of a 18 Replacement White Marked Squad Car. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 H. Resolution 7044, Approving a Restaurant License for Little Caesar’s Pizza 23 Located at 2581 County Highway 10 24 25 Council Member Mueller asked if there was going to be any change in the way that the business 26 will be run that may require other conditions before the transfer is complete such as a fire 27 inspection. 28 29 City Administrator Ulrich indicated that all Code requirements will be met before the transfer 30 goes through. 31 32 MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 7044, Approving a Restaurant 33 License for Little Caesar’s Pizza Located at 2581 County Highway 10. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 9. JUST AND CORRECT CLAIMS 38 39 Council Member Flaherty asked about the expenditure for the warming house and asked how 40 many more payments there will be. 41 42 Council Member Flaherty asked what the tabs on Page 7 were for. 43 44 Finance Director Beer indicated that it was for two vehicles. 45 Mounds View City Council March 12, 2007 Regular Meeting Page 14 1 Council Member Flaherty asked for clarification on the costs for transferring the radio. 2 3 City Administrator Ulrich indicated that Staff will look into it. 4 5 Council Member Flaherty asked for clarification on Page 7. 6 7 Finance Director Beer explained that some phones have more minutes. 8 9 MOTION/SECOND: Mueller/Stigney. To Approve Just and Correct Claims as Presented. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 10. APPROVAL OF MINUTES 14 15 A. February 12, 2007, City Council Minutes 16 17 Mayor Marty indicated he brought his corrections to City Hall. 18 19 Council Member Stigney: On Page 3, Randy’s last name should be added. On Page 7, Line 34 20 use was not as. On Page 10, Line 16 Rick XXX of Red Oak Drive his name is in Planning 21 Commission Minutes. On Page 12, Line 29 change the order of 167 to 166. 22 23 Council Member Mueller: On Page 11, change Mr. Kosel. Correct the spelling throughout the 24 document. 25 26 Mayor Marty: On Page 12, Line 16 should be Mr. Casing (spelling) not Mr. Kosel. 27 28 MOTION/SECOND: Stigney/Marty. To Approve the February 12, 2007, City Council Minutes 29 as Amended. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 11. REPORTS 34 35 A. Reports of Mayor and Council 36 37 Mayor Marty reported that he and Mr. Ulrich met with the Mayor and City Administrator of 38 Arden Halls concerning the TCAAP development and County Road H. He then said that they 39 wanted to know that the City was on board with them. 40 41 Mayor Marty commented that there is a good chance that fixing this road may come sooner rather 42 than later. 43 44 Mounds View City Council March 12, 2007 Regular Meeting Page 15 Council Member Flaherty indicated that he and Council Member Hull and Staff went down to the 1 Capitol asking for funding for the sound wall. He then said that the new Random Park Building 2 was dedicated and he thanked those that attended. 3 4 Council Member Mueller indicated that yesterday Pack 167 celebrated its Blue and Gold banquet 5 and graduated seven youth. 6 7 Council Member Hull indicated he talked to the Mayor of Shoreview about Community Centers 8 and theirs is subsidized through the General Fund in varying amounts year to year. 9 10 Council Member Stigney said he attended Little Caesar’s pizza sampler day and they are opening 11 for business beginning tomorrow. 12 13 B. Reports of Staff 14 15 City Administrator Ulrich noted that Staff met with legal staff, Medtronic and Clear Channel 16 and they would like to wrap up the billboard issue as soon as possible. 17 18 Finance Director Beer indicated that he and Mr. Ulrich met with Roseville and Ricochet 19 Communications and they are interested in getting up and running again pending some financial 20 arrangements to be made. 21 22 C. Reports of City Attorney 23 24 None. 25 26 12. Next Council Work Session: Monday, April 2, 2007, at 7 p.m. 27 Next Council Meeting: Monday, March 26, 2007 at 7 p.m. 28 29 13. ADJOURNMENT 30 31 The meeting was adjourned at 10:12 p.m. 32 33 Transcribed by: 34 35 Joan Lenzmeier, Recording Secretary 36 TimeSaver Off Site Secretarial, Inc. 37