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HomeMy WebLinkAboutAgenda Packets - 2007/09/24cc NAME ADDRESS oqq Pu "Cr SAQv Re A V fi A/A (n 6 R,x 0, f Lavid-n r -le e- Yui a33, r 71-;L CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 24, 2007 7:00 p.m. (REVISED AS OF SEPTEMBER 24, 2007 @ 2PM) 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 A. Follow-up on Request for Funding for the 2008 Care-a-Van (Senior Community Services (SCS) Ron Bloch) B. Xcel Energy Gas Main Permit Update 7. COUNCIL BUSINESS A. Continued Public Hearing, Second Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment to Chapter 12 of the Mounds View City Charter. (Roll Call Vote) B. Resolution 7158, a Resolution Establishing the Process for Determining the Sufficiency of Petitions Pursuant To City Charter C. Resolution 7157 Approving Severance Package for Kurt Ulrich, Mounds View City Administrator. D. Resolution 7159 Approving a Final Plat for the Abiding Savior Major Subdivision E. Resolution 7163 Approving the Printing and Distribution of the Summary Report Document and Setting a Public Hearing Date for the Street and Utility Improvement Program F. Resolution 7161, Resolution Authorizing a Therapeutic Massage License for Xiuju Li, doing business as Jian Kang Massage, LLC, located at 2552 County Road 10 in Mounds View. 7. COUNCIL BUSINESS – Continued G. Resolution 7165, Resolution Approving a One Day Gambling Permit for Friends of St. Paul to Sponsor a Raffle for the Patrick Holmes Benefit scheduled for October 4, 2007 at the Mounds View Community Center. 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, October 8, 2007 at 7:05 pm to Consider Assessments for Delinquent Utility Bills. C. Set a Public Hearing for Monday, October 8, 2007 at 7:10 pm to Consider Assessments for Diseased Trees. D. Set a Public Hearing for Monday, October 8, 2007 at 7:15 pm to Consider Assessments for Abated Properties. E. Set a Public Hearing for Monday, October 8, 2007 at 7:20 pm to Consider Assessments for Hidden Hollow South. F. Resolution 7162, a Resolution Authorizing a Residential Kennel License located at 2757 Sherwood Road for Jason and Rebekah Brandvold. G. Resolution 7160 Approving Agreement with Medtronic Relating to Pond Maintenance H. Resolution 7164 Approving a Lease Agreement Amendment with Verizon Wireless for the Installation of a Generator at the Water Tower Site 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Review October 1, 2007 Worksession Agenda 2. Minnesota Smoke Free Law – Freedom to Breathe Act C. Reports of City Attorney 12. Next Council Work Session: Monday, October 1, 2007 at 7pm Next Council Meeting: Monday, October 8, 2007 at 7pm CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 24, 2007 7:00 p.m. (REVISED AS OF SEPTEMBER 24, 2007 @ 2PM) 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 A. Follow-up on Request for Funding for the 2008 Care-a-Van (Senior Community Services (SCS) Ron Bloch) B. Xcel Energy Gas Main Permit Update 7. COUNCIL BUSINESS A. Continued Public Hearing, Second Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment to Chapter 12 of the Mounds View City Charter. (Roll Call Vote) B. Resolution 7158, a Resolution Establishing the Process for Determining the Sufficiency of Petitions Pursuant To City Charter C. Resolution 7157 Approving Severance Package for Kurt Ulrich, Mounds View City Administrator. D. Resolution 7159 Approving a Final Plat for the Abiding Savior Major Subdivision E. Resolution 7163 Approving the Printing and Distribution of the Summary Report Document and Setting a Public Hearing Date for the Street and Utility Improvement Program F. Resolution 7161, Resolution Authorizing a Therapeutic Massage License for Xiuju Li, doing business as Jian Kang Massage, LLC, located at 2552 County Road 10 in Mounds View. G. Resolution 7165, Resolution Approving a One Day Gambling Permit for Friends of St. Paul to Sponsor a Raffle for the Patrick Holmes Benefit scheduled for October 4, 2007 at the Mounds View Community Center. 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, October 8, 2007 at 7:05 pm to Consider Assessments for Delinquent Utility Bills. C. Set a Public Hearing for Monday, October 8, 2007 at 7:10 pm to Consider Assessments for Diseased Trees. D. Set a Public Hearing for Monday, October 8, 2007 at 7:15 pm to Consider Assessments for Abated Properties. E. Set a Public Hearing for Monday, October 8, 2007 at 7:20 pm to Consider Assessments for Hidden Hollow South. F. Resolution 7162, a Resolution Authorizing a Residential Kennel License located at 2757 Sherwood Road for Jason and Rebekah Brandvold. G. Resolution 7160 Approving Agreement with Medtronic Relating to Pond Maintenance H. Resolution 7164 Approving a Lease Agreement Amendment with Verizon Wireless for the Installation of a Generator at the Water Tower Site City Council Agenda September 24, 2007 Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Review October 1, 2007 Worksession Agenda 2. Minnesota Smoke Free Law – Freedom to Breathe Act C. Reports of City Attorney 12. Next Council Work Session: Monday, October 1, 2007 at 7pm Next Council Meeting: Monday, October 8, 2007 at 7pm Item No: 7A Meeting Date: September 24, 2007 Type of Business: CB 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 for Second Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment to Chapter 12, Section 12.01 of the City Charter Attached is Ordinance 799, an Ordinance Amending Chapter 12, Section 12.01 of the Mounds View City Charter. The intent of the Charter Commission with this amendment is to clarify language in the City Charter relating to Official Publication. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. This second reading was originally scheduled for a public hearing on September 10, 2007, but due to the absence of one Council Member the City postponed the public hearing to the September 24th meeting. The first reading of this Ordinance was approved at the August 27, 2007, City Council Meeting. Recommendation: Staff recommends the City Council open the public hearing for public comment and approve Ordinance 799. This is a roll call vote. Respectfully submitted, Desaree Crane ORDINANCE NO. 799 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 12.01 OF THE CITY CHARTER 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 Charter Commission, has hereby determined that Section 12.01, of the City Charter be amended by the addition of the bold and underlined language and by the deletion of the bold and stricken language as follows: CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in which shall be published ordinances and , other matters required by law andor this Charter to be so published, as well as suchand any other matters as the Council may deem itis in the public interest to have published in this manner. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 27th day of August, 2007. Read and passed by the City Council of the City of Mounds View on this 24th day of September, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Jim Ericson, Interim City Administrator (SEAL) Item No: 7B Meeting Date: 09-24-07 Type of Business: CB Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Interim City Administrator Item Title/Subject: Discuss Resolution 7158 Establishing the Process for Determining the Sufficiency of Petition Pursuant to City Charter Background With the adoption of Ordinance 790 by the City Council on July 23, 2007, the following language was added to the Charter: “Consistent with the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by ordinance or resolution, the definition of a frivolous petition.” At that meeting, the City Attorney provided a draft of a resolution (attached) that would be adopted by the Council in order to provide a definition of a “frivolous” petition. The resolution was reviewed in greater detail at the City Council’s August 6 worksession. Discussion Based upon discussion that occurred at Council meeting on July 23 and August 6, the following characteristics were reviewed and considered by the City Council to define such frivolous petitions: • The apparent number of signatures must match the number of signatures required to have a valid petition. • All signatures used to calculate the necessary number of signatures must be original signatures (i.e. not photo copies). • All signature pages used in the calculation are in the proper form with the petition language clearly stated on each page. • The required information regarding the sponsoring committee members must be present. • That at least eighty percent of the required signatures must be legitimate on their face or upon validation. The final characteristic was discussed at length during the August 6 worksession and relates to those signatures deemed not legitimate either on their face (e.g., cartoon characters, non- living persons, children) or after validation. Based on this final characteristic, a petition could appear valid at first glance and proceed to the sufficiency stage, but if twenty percent (or more) of the signatures are found to be invalid or non-legitimate, the petition would be deemed frivolous rather than insufficient. Frivolous Petition Report September 26, 2007 Page 2 Recommendation It is recommended that the City Council review Resolution 7158 which outlines the criteria and characteristics constituting a frivolous petition. Additional criteria or characteristics may be added to the resolution as deemed necessary. ________________________ Jim Ericson Interim City Administrator Attachments: 1. Resolution 7158 RESOLUTION NO. 7158 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE PROCESS FOR DETERMINING THE SUFFICIENCY OF PETITIONS PURSUANT TO CITY CHARTER WHEREAS, Section 5.02 of the Mounds View City Charter provides the City Council with the authority to prescribe by ordinance or resolution the definition of a frivolous petition; and WHEREAS, Section 12.12 of the Mounds View City Charter provides that “the Council shall by ordinance, resolution, or other appropriate action make such regulations as may be necessary to carry out and make effective the provisions of . . . [the] Charter;” and WHEREAS, the City Council desires to establish a procedure for review of petitions filed pursuant to the Mounds View City Charter as well as to define petitions that are deemed to be frivolous; and WHEREAS, the City Council desires to provide City staff and the citizens of the City of Mounds View with adequate guidance as to the review process to be undertaken by City staff and the City Council in order for the City Council to determine the sufficiency of petitions filed pursuant to the Mounds View City Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the recitals set forth above are hereby incorporated into and hereby made part of this Resolution as if fully set forth herein; and BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby establishes that the following materials are to be utilized in the review and determination of the sufficiency of petitions submitted pursuant to the Mounds View City Charter: 1. Mounds View City Charter; 2. Minnesota Statutes; 3. Minnesota Rules; 4. Judicial interpretations of federal, state and local laws, rules and regulations; 5. Attorney General interpretations; 6. State agency, etc. interpretations; and Resolution 7158 Page 2 BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby establishes that any petitions submitted pursuant to the Mounds View City Charter shall be reviewed consistent with all federal, state and local laws, rules, regulations and judicial interpretations thereof, in order for the City Council to determine the sufficiency of such petition consistent with the Mounds View City Charter; and BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby finds that petitions deemed to be frivolous pursuant to the Mounds View City Charter may include, but not be limited to, the following characteristics: 1. The apparent number of signatures must match the number of signatures required to have a valid petition; 2. All signatures used to calculate the necessary number of signatures must be original signatures; 3. All signature pages used in the calculation are in the proper form with the petition language clearly stated on each page; 4. The required information regarding the sponsoring committee members must be present; 5. At least eighty percent of the required signatures must be legitimate on their face or upon validation; and, BE IT FURTHER RESOLVED, the City Council of the City of Mounds View hereby establishes that all petitions submitted pursuant to the Mounds View City Charter shall be reviewed consistent with this Resolution, the Mounds View City Charter and all applicable federal, state and local laws, rules, regulations and judicial interpretations thereof; and NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City of Mounds View that City staff is authorized to take all steps necessary and convenient in order to carry out the intent of this Resolution. Adopted by the City Council of the City of Mounds View this 24th day of September, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Jim Ericson, Interim City Clerk / Administrator (SEAL) Item No. 07C Type of Business: CB Meeting Date: September 24, 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 7157 Authorizing Severance Package for Kurt Ulrich, Mounds View City Administrator Background Kurt Ulrich has resigned from the Mounds View Administration Department effective September 13, 2007. Attached is Resolution 7157, which authorizes severance payment to Kurt Ulrich in accordance with the Mounds View Personnel Manual and employment agreement (employment agreement attached). Resolution 7157 provides a payout of Mr. Ulrich’s vacation hours. In accordance with the Mounds View Personnel Manual, Mr. Ulrich is eligible for a payout of $9,596.43 for his accrued vacation hours. (197.62 vacation hours times his hourly rate of $48.56). Resolution 7157 also provides for a payout of Mr. Ulrich’s sick time. In accordance with the Mounds View Personnel Manual, Mr. Ulrich is authorized a sick time payout totaling $7,015.95. This is calculated as 288.96 accrued/banked sick hours times 50% times his hourly rate of $48.56. Recommendation Staff recommends severance payment for Kurt Ulrich in accordance with the City’s Personnel Manual and employment agreement. Respectfully submitted, Desaree Crane RESOLUTION NO. 7157 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR KURT ULRICH WHEREAS, Kurt Ulrich has resigned from the Mounds View Administration Department effective September 13, 2007; and WHEREAS, the balance of accrued and unused vacation time is 197.62 hours as of payroll period ending September 21, 2007; and WHEREAS, the balance of accrued and unused sick leave time is 288.96 hours as of payroll period ending September 21, 2007; and WHEREAS, Kurt Ulrich’s current rate of pay of $48.56 per hour; and WHEREAS, the maximum payout of vacation time will be 197.62 hours x $48.56 = $9,596.43; and WHEREAS, the maximum potential payout of sick time will be 288.96 hours x 50% x $48.56 = $7,015.95. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approve a one-time payout of vacation time in an amount not to exceed $9,596.43 and payout of sick time not to exceed $7,015.95. Adopted this 24th day of September, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Jim Ericson, Interim City Administrator (seal) Item No: 7D Meeting Date: September 24, 2007 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Resolution 7159, Consideration of the Final Plat for the Abiding Savior Major Subdivision of 8184 Eastwood Road and 8211 Red Oak Drive; Planning Case MA2007-002 Introduction: Abiding Savior Lutheran Church (the “Church”) is the owner of 8184 Eastwood Road, a 50,965 square foot residential parcel improved with a one-story home and attached single- stall garage. The parcel is adjacent to the Church’s 6.31 acre tract of land addressed at 8211 Red Oak Drive. The Church has submitted a major subdivision application to split the home and 16,025 square feet of the Eastwood Road parcel, attaching the remaining 34,940 square feet to the larger Church property located at 8211 Red Oak Drive. As a result of the proposed subdivision, the total acreage of the Red Oak Drive parcel would increase from 6.31 acres to 7.12 acres. The Church has previously expressed a desire to develop a senior residential facility on the property, however the requested subdivision does nothing to further this goal. (A subsequent major subdivision would be required, among other planning actions, to proceed with such a development.) The Church intends to sell the home on Eastwood Road upon approval of the requested subdivision. The Church has submitted a preliminary plat and final plat which illustrates the proposed subdivision of 8184 Eastwood Road and has submitted the necessary title commitment which has been forwarded to the City Attorney for review. Previously: In December of last year, the Church requested approval of a minor subdivision of the property located at 8184 Eastwood Road. The City Council ultimately denied the request finding that the proposal could not be considered a minor subdivision due to the acreage involved. The Council’s resolution of denial was approved on February 12, 2007. Preliminary Plat The City Council held a duly noticed public hearing for the Abiding Savior Preliminary Plat at their meeting on August 13, 2007. Discussion regarding the preliminary plat extended over to the next Council meeting on August 27, 2007, at which time the Council granted approval of the requested preliminary plat. Property owners within 350 feet of the subject parcels were informed of the public hearing and many residents attended both meetings. Abiding Savior Report Sep 24, 2007 Page 2 Discussion: A major subdivision is a division of land involving more than two acres of land area or one that creates more than two lots. In this case, the affected area totals approximately 7.49 acres and involves two parcels—8211 Red Oak Drive and 8184 Eastwood Road. Major subdivisions are accomplished by a plat, usually a two-step process by which a preliminary plat is considered followed afterward by a final plat. Major subdivisions require a public hearing at the preliminary plat stage. No public hearing was scheduled for this final plat consideration. Both Abiding Savior parcels are zoned R-1, Single Family Residential. The Comprehensive Plan designates the Eastwood Road parcel as Single-Family Detached while the Red Oak Drive parcel is designated Institutional, in recognition of the existing Church facility. The land added to the Red Oak Drive parcel would not be able to be built upon by the Church except through approval of a Comprehensive Plan amendment unless such activity were expressly permitted in an R-1 district. Subdivision Requirements The minimum lot area required for a single family home is 11,000 square feet and the minimum lot width is 75 feet. The Eastwood Road parcel, identified as Lot 2 on the submitted plat, would have a remaining area of 16,025 square feet and front width of 90.54 feet, both of which would exceed the City’s minimum requirements. The minimum area required for a non- residential use (such as a church) in a residential district is one acre. Park Dedication Requirements. All subdivisions of land are subject to park dedication fee requirements. For subdivisions which have no impact upon the park system (such as a lot line adjustment) the City Council has the discretion to waive dedication fees. In this case, the extent of the potential impact is not readily known, a fact the Council could take into consideration as it determines the appropriate dedication fee for this subdivision. The following table illustrates potential dedications amounts. Description 5% 10% Option 1 Dedication applied to all acreage (7.48 acres) at a rate of $2.48 per square foot (2007 county value) $40,403 $80,806 Option 2 Dedication applied to just Eastwood Road lot (1.17 acres) $ 5,970 $11,940 Option 3 Dedication applied to only subdivided portion of Eastwood lot (0.80 acres) $ 4,328 $ 8,655 Option 4 Dedication applied only to remainder of Eastwood Road lot (0.37 acres) $ 1,987 $ 3,974 Option 5 No Dedication at this time $ 0 $ 0 At the August 27 meeting, the City Council determined that a park dedication fee was applicable for this subdivision and incorporated the $3,974 fee into the resolution of reliminary plat approval. That same provision is repeated in the final plat resolution. Abiding Savior Report Sep 24, 2007 Page 3 Easements & Utilities With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lots. The final plat includes all required easement areas—ten feet fronting Red Oak Drive, Ardan Avenue and Eastwood Road, and five feet for all internal lot lines. The Eastwood Road parcel shows a ten-foot rear easement as is required. No changes are proposed to the utilities within this platted area. At the August 13 and August 27th meetings, a question was raised about an overhead powerline that transects the back yard of 8184 Eastwood Road. The requested subdivision will not impact or otherwise compromise the integrity of this power line and there is no compelling reason to relocate the utility poles and power lines, absent development activity. Staff has contacted Xcel regarding the overhead lines and they have confirmed they are comfortable leaving the lines where they are and that Xcel further stated that the plat will in no way compromise service to surrounding utility customers. The Church drafted a letter which was delivered to the property owner at 8180 Eastwood Road confirming the Church’s commitment to relocate the utilities at their own expense at such future date as necessary. Planning Commission Action The Planning Commission held a public hearing on this request on July 25, 2007 and took action that same meeting by approving Resolution 871-07, a resolution which recommended approval of the requested preliminary plat for the Abiding Savior major subdivision. Deadline for Action This application was accepted on June 27, 2007 and in accordance with MN Statute 15.99, a decision will need to be made within 120 days of application acceptance. The deadline for action for this request is October 25, 2007. (Planning applications have a 60-day window for approval while Minnesota Statutes allow 120 days for subdivision requests.) Recommendation: Consistent with previously approved Resolution 7129, staff and the Planning Commission recommend approval of Resolution 7159, a resolution approving the final plat of the Abiding Savior Major Subdivision with conditions as stipulated therein. _____________________________________ James Ericson Community Development Director Attachments. 1. Zoning Map 2. Aerial Map 3. Final Plat (Separate Attachment) 4. Resolution 7159 Zoning Map Abiding Savior Church Aerial Map 8184 Eastwood Road 8211 Red Oak Drive Church Building RESOLUTION 7159 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE FINAL PLAT FOR THE ABIDING SAVIOR MAJOR SUBDIVISION; MOUNDS VIEW PLANNING CASE NO. MA07-002 WHEREAS, property owner Abiding Savior Lutheran Church, located at 8211 Red Oak Drive, (the Applicant) has requested approval of a major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive, property zoned R-1, Single Family Residential; and, WHEREAS, the Applicant proposes to plat the combined 7.48 acres of land, reconfiguring the two lots by removing 34,900 square feet from the Eastwood Road parcel (Lot 2) and adding the 34,900 square feet to the Red Oak Drive parcel (Lot 1); and, WHEREAS, the Planning Commission has reviewed the Applicant’s request for a major subdivision and has determined that the requested subdivision is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and, WHEREAS, the City Council held a duly noticed public hearing regarding this request on August 13, 2007; and, WHEREAS, the City Council adopted Resolution 7129 on August 27, 2007 approving the preliminary plat for the Abiding Savior Major Subdivision; and, .WHEREAS, the City Attorney has reviewed the submitted final plat and title documentation and has determined that all issues appear to be satisfied and that the final plat is in conformance with the approved preliminary plat. NOW , THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the final plat of the Abiding Savior major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive subject to the following: 1. The Applicant shall submit a park dedication fee in the amount of $3,974 prior to the City signing off on the plat. 2. The Applicant shall, within one hundred twenty (120) days, record the Plat with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Resolution 7159 Page 2 3. In the event the plat is not recordable as approved or the Applicant fails to record within the time prescribed herein, the Council may re-approve the final plat upon the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty (120) days. 4. The Applicant shall be responsible for all costs incurred by the City in the processing of this subdivision, including review of the preliminary and final plat by the City Attorney, city consultants, or other costs of a similar nature. Adopted this 24th day of September, 2007. ________________________________ Rob Marty, Mayor ATTEST: ____________________________ Jim Ericson Interim City Clerk/Administrator (SEAL) Item No: 07G Meeting Date: September 24, 2007 Type of Business: CB 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 7165 Approving a One-Day Charitable Gambling Permit for Friends of St. Paul to Sponsor a Raffle for the Patrick Holmes Benefit Scheduled for October 4, 2007 at the Mounds View Community Center Background On August 1, 2007, Patrick Holmes, a Mounds View Resident lost his life in the I-35W Bridge Collapse. A benefit for Patrick Holmes is scheduled for Thursday, October 4th at the Mounds View Community Center. This benefit will consist of a Spaghetti Dinner, Silent Auctions and a Raffle. Proceeds from this benefit will go directly to the Holmes Family here in Mounds View. Discussion It came to the attention of Staff this morning that this benefit is conducting a raffle without an authorized gambling permit. Staff spoke to the organizer of this event, Mr. John Munich, and indicated to him that he needed a gambling permit to include City Council authorization to conduct this raffle. Unfortunately, Mr. Munich did not know that a gambling permit was required. Since the organizers of this benefit are not a 501(c) (3) non-profit organization, the organizers had to find someone to run the raffle. They were able to get a sponsor to run the raffle, Friends of St. Paul Baseball. Friends of St. Paul Baseball is a non-profit, 501 (c)(3) organization (non-profit status attached) are dedicated to enhancing the opportunity for participation in the game of baseball within the City of St. Paul by raising funds to update and enhance existing baseball fields, make capital improvements and build additional baseball facilities if warranted. Baseball was Patrick Holmes passion and was active participant in youth sports to include coaching youth baseball. Therefore, having the Friends of St. Paul Baseball sponsor this raffle is very fitting. All proceeds to this raffle will go directly to the Holmes Family, who are current residents of Mounds View. In accordance with Mounds View City Code 502.13 subd. 2 (c), a licensed organization conducting lawful gambling within the City shall expend seventy five percent (75%) of its expenditures for lawful purposes conducted or located within the City's trade area. The City's "trade area" is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. Since this event will be at the Mounds View Community Center and is directly benefiting a family in Mounds View, Staff feels that this raffle is within parameters of the City Code. This organization also has 30 active members, which also meets the requirement of the City Code. Friends of St. Paul Baseball will be managing and running this raffle. Recommendation Staff recommends approving Friends of St. Paul Baseball for a One-Day Charitable Gambling Permit (Raffle) on October 4, 2007 at the Mounds View Community Center. Friends of St. Paul Baseball will be submitting the application and this resolution to the Minnesota State Gambling Board in person this week. Respectfully submitted, Desaree M. Crane RESOLUTION NO. 7165 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A ONE-DAY CHARITABLE GAMBLING PERMIT FOR FRIENDS OF ST. PAUL BASEBALL TO CONDUCT A RAFFLE FOR THE PATRICK HOLMES BENEFIT SCHEDULED FOR OCTOBER 4, 2007 AT THE MOUNDS VIEW COMMUNITY CENTER WHEREAS, the Friends of St. Paul Baseball has requested that the Council allow them to conduct charitable gambling (raffle) at the Mounds View Community Center on October 4, 2007, for the Patrick Holmes Benefit; and WHEREAS, the Gambling Control Board requires that the local unit of government (city of county) pass a resolution specifically approving or denying requests to conduct charitable gambling; and WHEREAS, the Friends of St. Paul Baseball is in compliance with all requirements of the Mounds View Municipal Code with regard to charitable gambling regulations. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby authorize Friends of St. Paul Baseball to conduct charitable gambling (raffle) at Mounds View Community Center on October 4, 2007, for the Patrick Holmes Benefit. Adopted this 24th day of September, 2007. ______________________________ Rob Marty, Mayor ATTEST: _______________________________ Jim Ericson, Interim City Administrator (seal) Item No: 08A Meeting Date: September 24, 2007 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2007. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2006. Those companies renewing their license were licensed, at a minimum, in the year 2006. The type of license they are applying for follows the company name. Anderson Heating & Air Conditioning HVAC Renewal CB Heating & Air Conditioning, LLC HVAC New Staff Recommendation: Approve license applications as requested. Item No. 08F Type of Business: CA Meeting Date: September 24, 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 7162 Authorizing a Residential Kennel License located at 2757 Sherwood Road for Jason and Rebekah Brandvold Background Mr. and Mrs. Brandvold currently own two dogs (Terrier and a Sheppard Mix) at their residence located at 2757 Sherwood Road in Mounds View. Both dogs are licensed with the City in accordance with the Mounds View City Code and the property is currently fenced. Mr. and Mrs. Brandvold are seriously considering purchasing another puppy, a Corgi breed, and are requesting a Residential Kennel License prior to purchasing the new dog. According to Section 701.04, subd. 8, it states: a. Licensing requirements: The owner of a proposed dog kennel shall submit a license application and present a petition to the Clerk/Administrator signed by more than fifty percent (50%) of all registered landowners or those occupying land within five hundred feet (500’) of the proposed kennel who agree to the establishment of the kennel. The petition shall contain, among other items of information, the number and species of dogs intended to be kept on the premises, whether the yard or kennel area is or will be fenced and whether the dogs would be raised for breeding purposes. Upon the receipt of the petition and license application, the Clerk/Administrator shall present the petition and application to the City Council for their consideration. (Ord. 696, 4-22-02; Ord. 774, 8-14-06) Discussion In the past, a Conditional Use Permit approval and a Public Hearing before the City Council was required for a Residential Kennel License. This requirement was changed when Ordinance 774 was passed on August 14, 2006, by the City Council. Residents who wish to request a Residential Kennel License are now required to submit a petition signed by more than fifty percent (50%) of all registered landowners or those occupying the land within five hundred feet (500’) who agree to the establishment of the kennel and present the petition and application for City Council approval. There is no longer a requirement for a resident to go through the Conditional Use Permit and Public Hearing process. Attached are the application materials and petition signed by residents (petition received on September 14, 2007) within a 500 feet radius of 2757 Sherwood Road. Mr. and Mrs. Brandvold’s petition was verified by staff, and they meet the requirements of the City Code. The petition does contain more than 50% of all registered landowners and land occupants. Staff also requested a police report on the property, and there was only one incident in 2004 with a barking dog (police report attached). All applicable fees have been paid for this license. As stated previously, the property is fenced. Mr. and Mrs. Brandvold will not be using these dogs for breeding purposes. Recommendation Staff recommends approval of Resolution 7162, approving a Residential Kennel License located at 2757 Sherwood Road for Jason and Rebekah Brandvold. Respectfully submitted, Desaree Crane RESOLUTION NO. 7162 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A RESIDENTIAL KENNEL LICENSE LOCATED AT 2757 SHERWOOD ROAD FOR JASON AND REBEKAH BRANDVOLD WHEREAS, Jason and Rebekah Brandvold have applied for a Residential Kennel license located at their residence, 2757 Sherwood Road; and WHEREAS, the appropriate paperwork, petition and fees have been submitted to the City; and WHEREAS, the petition does contain signatures of more than 50% of all registered landowners or those occupying the land within five hundred feet (500’) of 2757 Sherwood Road; and WHEREAS, this license will expire on June 30, 2008. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does grant a residential kennel license to Jason and Rebekah Brandvold located at 2757 Sherwood Road; and NOW, THEREFORE, BE IT FURTHER RESOLVED that this licenses will expire June 30, 2008. Adopted this 24th day of September, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Jim Ericson, Interim City Administrator (SEAL) Item No: 8G Meeting Date: September 24, 2007 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Authorizing the Execution of an Amended and Restated Easement Agreement Between the City of Mounds View and Medtronic, Inc. Introduction: At the September 10, 2007 City Council meeting, City Administrator Kurt Ulrich forwarded a request to the Council from Medtronic relating to their use of the holding pond on City-owned property adjacent to their Mounds View Medtronic CRDM facility. Discussion: Medtronic expressed a desire to install an aerator and fountain apparatus within the pond to promote water clarity and circulation for aesthetic purposes. (Refer to the letter from Jim Driessen.) The City Council expressed support of the proposal so long as it was explicitly understood that the City was not liable for the maintenance of the aerator. The City Attorney prepared an Amended and Restated Easement Agreement (attached) addressing costs, liability and maintenance. Recommendation: Approve Resolution 7160 Authorizing the Execution of the Amended and Restated Easement Agreement Between the City of Mounds View and Medtronic, Inc. to permit the installation and operation of a pond aerator and water fountain. Respectfully submitted, ________________________ James Ericson Interim City Clerk / Administrator 321061v1 SJR MU205-30 RESOLUTION NO. 7160 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED EASEMENT AGREEMENT BETWEEN THE CITY OF MOUNDS VIEW AND MEDTRONIC, INC. WHEREAS, the City of Mounds View (“City”) entered into an Easement Agreement (“Easement”) dated January 29, 2006, pursuant to the City’s authorizing Resolution No. 6725, dated January 23, 2006, with Medtronic, Inc. (“Medtronic”); and WHEREAS, such original Easement was adopted to permit Medtronic’s fire access road and pedestrian trail to cross City-owned land commonly known as the Triangle Parcel pursuant to various agreements between the City and Medtronic; and WHEREAS, Medtronic and the City desire to amend and restate such Easement Agreement to permit Medtronic to install an aeration fountain in a holding pond located on the Triangle Parcel. NOW THEREFORE, BE IT RESOLVED, that the City Council authorizes the execution of an Amended and Restated Easement Agreement between the City and Medtronic to allow the construction, use and maintenance of an aeration fountain in the holding pond located on the Triangle Parcel subject to all the terms and conditions of this Resolution and the Amended and Restated Easement Agreement set forth in Exhibit A and incorporated herein by reference. Adopted this 24th day of September, 2007. ___________________________________ Rob Marty, Mayor ATTEST: ___________________________________ Jim Ericson, Interim Clerk-City Administrator (SEAL) 273913v3 SJR MU205-30 1 AMENDED AND RESTATED EASEMENT AGREEMENT THIS AMENDED AND RESTATED EASEMENT AGREEMENT (the "Agreement") is made as of September __, 2007, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and MEDTRONIC, INC., a Minnesota corporation ("Medtronic"). RECITALS A. The City is the owner of property legally described on the attached Exhibit A (the "Triangle Parcel"). B. Medtronic is the owner of property legally described on the attached Exhibit B (the “Medtronic Property”). C. Pursuant to the terms of that certain Purchase Agreement and Contract for Development dated as of August 31, 2005 (the “Development Agreement”), Medtronic is required to construct and maintain a fire road (the “Fire Road”) to serve as access to the Medtronic Property for emergency vehicles. D. Medtronic desires to use a portion of the Triangle Parcel and the City desires to grant Medtronic the right to use a portion of the Triangle Parcel for the construction of the Fire Road, as depicted on the attached Exhibit C and the maintenance thereof. E. Medtronic desires to use a portion of the Triangle Parcel and the City desires to grant Medtronic the right to use a portion of the Triangle Parcel for the construction of an aeration fountain (the "Fountain") in the holding pond (the "Holding Pond") as depicted on the attached Exhibit C and the maintenance thereof. F. Pursuant to the Development Agreement, the City has assigned to Medtronic certain lease agreements (the “Leases”) for various billboards that are located on the Medtronic Property (the “Billboards”). 273913v3 SJR MU205-30 2 G. Pursuant to the Development Agreement and the Leases, the rent received from by Medtronic has been assigned to the City. H. Medtronic desires to have, and the City desires to grant, access across a portion of the Triangle Parcel so that the Billboards may be maintained according to the terms and conditions of the Leases. I. Pursuant to the terms of the Development Agreement, the City desires to grant access rights to Medtronic so that Medtronic can connect their trail system to that of the City. J. Pursuant to this Agreement, the City desires to grant access rights to Medtronic so that Medtronic can construct and maintain the Fountain. K. The City desires to grant to Medtronic the easements contemplated herein, according to the terms and conditions contained herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Medtronic agree as follows: 1. Recitals. The recitals set forth above are incorporated into this Agreement by reference. 2. Grant, Construction, Maintenance and Use of the Fire Road Easement. The City hereby grants, bargains, sells and conveys to the present and any future owner of the Medtronic Property, its employees, invitees, agents, tenants and guests, a perpetual easement for the purpose of constructing, maintaining and using the Fire Road, as depicted on Exhibit C, for ingress and egress of vehicular and pedestrian traffic (the “Fire Road Easement”). Medtronic shall construct the Fire Road and shall be solely responsible for all maintenance and repair of the Fire Road, including removal of snow and ice. The City shall have no responsibility for the maintenance or repair of the Fire Road. 3. Construction, Maintenance and Use of the Fountain. The City hereby grants, bargains, sells and conveys to the present and any future owner of the Medtronic Property, its employees, invitees, agents, tenants and guests, a perpetual easement for the purpose of constructing, maintaining and using the Fountain located in the Holding Pond, as depicted on Exhibit C (the “Fountain and Holding Pond Easement”). Medtronic shall construct the Fountain and shall be solely responsible for all maintenance and repair of the Fountain. The City shall have no responsibility for the maintenance or repair of the Fountain. 4. Grant of Billboard Access Easement. The City hereby grants, bargains, sells and conveys to the present and any future owner of the Medtronic Property, its employees, invitees, agents, tenants and guests, a perpetual easement for the purpose of ingress and egress of vehicular and pedestrian traffic, extending over, upon and across the Triangle Parcel for the purposes of accessing the Billboards as required by the Leases (the “Billboard Access Easement”). 273913v3 SJR MU205-30 3 5. Grant of Trails Easement. The City hereby grants, bargains, sells and conveys to the present and any future owner of the Medtronic Property, its employees, invitees, agents, tenants and guests, a perpetual easement for the purpose of ingress and egress of pedestrian traffic, extending over, upon and across the Triangle Parcel for the purposes of accessing any trail system that exists now, or in the future, on the Triangle Parcel as contemplated in the Development Agreement (the “Trail Access Easement”). 6. Indemnification. Medtronic shall at all times indemnify and hold harmless the City from any and all claims for damages, including costs and attorney fees, arising from or by reason of the Fire Road Easement, the Fountain and Holding Pond Easement, the Billboard Access Easement, the Trail Access Easement, the design, construction, maintenance and use of the Fire Road, the Fountain and Holding Pond, and/or Medtronic’s access to the Billboards. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Section 466.04. 7. Covenants Running with the Land; Successors and Assigns. The terms of this Agreement shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. This Agreement is not intended to supersede, modify, amend or otherwise change the provisions of any prior instrument affecting the land. [Remainder of page left intentionally blank. Signature pages to follow] 273913v3 SJR MU205-30 4 IN WITNESS WHEREOF, Medtronic and the City have executed this Amended and Restated Easement Agreement as of this ___ day of September, 2007. CITY OF MOUNDS VIEW, a Minnesota municipal corporation By: ____________________________________ Its: ____________________________________ By: ____________________________________ Its: ____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this ________ day of September, 2007, before me, a notary public within and for ________ County, personally appeared Rob Marty and Jim Ericson, to me personally known who by me duly sworn, did say that they are the Mayor and Interim City Clerk-Administrator of the City of Mounds View, Minnesota (the "City") named in the foregoing instrument; that said instrument was signed on behalf of said City pursuant to a resolution of its governing body; and said Rob Marty and Jim Ericson acknowledged said instrument to be the free act and deed of said City. __________________________________ Notary Public 273913v3 SJR MU205-30 5 MEDTRONIC, Inc., a Minnesota corporation By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) On this ________ day of September, 2007, before me, a notary public within and for ___________ County, personally appeared ____________________ , to me personally known who by me duly sworn, did say that ___ is the ______________________ of Medtronic, Inc., a Minnesota corporation for and on behalf of said corporation . ____________________________________ Notary Public DRAFTED BY: Kennedy &Graven, Chartered (SJR) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 273913v3 SJR MU205-30 A-1 EXHIBIT A (Legal Description of Triangle Parcel) That part of Outlot A, SYSCO, Ramsey County, Minnesota, which lies easterly of the following described line: Beginning at a point on the east line of said Outlot A, said point also being the most westerly corner of Outlot A, NORTH STAR INDUSTRIAL PARK 2nd ADDITION, Ramsey County, Minnesota; thence southwesterly to the intersection with the southerly line of said Outlot A, SYSCO, and the northerly right of way line of U.S. Highway No. 10 and said line there terminating. 273913v3 SJR MU205-30 B-1 EXHIBIT B (Legal Description of the Medtronic Property) Lots 1-5 and Outlot A, Medtronic CRM Ramsey County, Minnesota 273913v3 SJR MU205-30 C-1 EXHIBIT C (Depiction of the Fire Road and Holding Pond)