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HomeMy WebLinkAboutAgenda Packets - 2005/08/08CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, August 8, 2005 7:00 p.m. (Revised as of 3:30pm August 8, 2005) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Senator Don Betzold and Representative Connie Bernardy would like to speak to the City Council. 7. JUST AND CORRECT CLAIMS 8. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing and Resolution 6593 Approving the Development Agreement to Provide $250,000 in Tax Increment Financing (TIF) Assistance to SYSCO Food Services of Minnesota to facilitate Expansion of the Business located at 2400 County Road J in Mounds View. B. Review Proposed 2006 City Budget/Preliminary Levy C. Resolution 6585 Approving a Severance Package for Regular Full-time Golf Course Employees D. Resolution 6595 Approving the 2005 Festival in the Park Contract E. Resolution 6596 Step Increase for Sergeant Mike Kampa, Mounds View Police Department F. Resolution 6597 Approving a Gasoline and Tobacco License for Mounds View BP, Inc. located at 2155 Highway 10. G. Resolution 6589 Approving a Minor Subdivision of 2812 Sherwood Road and 8084 Fairchild Avenue H. Resolution 6599 Approving a Charitable Gambling Permit to Conduct Excluded Bingo for the 2005 Festival in the Park in Mounds View. 9. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:05 pm, Monday, August 22, 2005 to Consider the PUD Amendment for SYSCO Minnesota to Expand Their Facility C. Set a Public Hearing for 7:10 pm, Monday, August 22, 2005 to Consider the Comprehensive Plan Amendment for the SYSCO Minnesota Facility Expansion D. Set a Public Hearing for 7:15 pm, Monday, August 22, 2005 to Consider the General Concept Plan of the Medtronic PUD E. Resolution 6598 Accepting and Approving the Donation and Distribution of Bethlehem Baptist Church Community Donation F. Set a Public Hearing for 7:20pm, Monday, August 22, 2005 to Consider Resolution 6594, A Resolution Approving the Removal of Certain Parcels from the EDA’s Tax Increment Financing District No. 3 and Approving the Tax Increment Financing Plan Establishing Tax Increment Finance (TIF) District No. 5, a Special-Legislation Economic Development District, within the Redevelopment Project Area. City Council Agenda August 8, 2005 Page 2 G. Set a Public Hearing for 7:25, Monday, August 22, 2005 to Consider Resolution 6600 a Transfer of Ownership of an On-Sale Intoxicating Liquor License for Jake’s Sports Café located at 2400 Highway 10. Transfer of Ownership is from Mounds View Jake’s Inc., to Stuart Thomas. H. Set a Special Work Session for Monday, August 15, 2005 at 7pm to discuss the City Budget. I. Set an Executive Session immediately after the August 22, 2005, City Council Meeting to discuss the City Administrator Annual Performance Review. 10. APPROVAL OF MINUTES A. Minutes for July 11 and July 25, 2005 will be approved at the next City Council Meeting. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: (Special) August 15, 2005 @7pm Next Council Meeting: August 22, 2005 @7pm Item No. 8C Meeting Date: August 8, 2005 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 6585 Approving a Severance Package for Regular Full-time Golf Course Employees Background: This item was previously reviewed by the City Council at the July 5, 2005 work session. The consensus of the Council at that time was to allow payout of vacation and sick leave in accordance with current policy and to allow accumulated flextime to be paid out over time to each employee. There was no consensus reached on whether there should be additional severance pay (e.g., one week per year of service) based on a lay-off situation. Currently, the City has no special severance pay provisions for economic lay-off situations and, as discussed by the Council, past practice (e.g., past Park and Recreation lay-offs) does not support such action. The golf course has three full-time employees who would be impacted by the sale and closure of the golf course; the Golf Course Manager, the Clubhouse Manager/Golf Instructor, and the Grounds/Equipment Manager. Discussion: All of the full-time golf course employees are non-union and therefore covered by the City Personnel Manual in regard to severance. According to Section 4.35 of the Mounds View Personnel Manual: SEPARATION COMPENSATION Vacation An employee will be compensated for accrued vacation and compensatory time upon separation. Sick Leave Severance Severance pay shall be granted to employees who leave in good standing in the amount of fifty percent (50%) of unused sick leave to employees who have completed two years of service. Maximum accumulation of sick leave is 120 days. Additional banked sick leave hours will not be computed in severance pay. The spouse or family of an employee is eligible for severance benefits, if the following conditions are met: • Employee worked for the City for two years prior to the termination of employment; and; • The employee died while an employee of the City. Employees who have completed ten years of service and retire may elect, in lieu of severance pay, to have the employer use sixty-five percent (65%) of the employee’s accrued and unused sick leave for the retiree ’s group health, dental and life insurance premiums for as long as the funds are available up to the retiree’s 65th birthday. Severance benefits will be paid at the employee’s regular rate of pay on the last date as an employee. According to the Mounds View Personnel Manual Section 4.15 in regard to Layoff it states: Order of Layoff It is recognized that reductions in force may not impact all departments or divisions to the same extent. Therefore, it may be necessary to transfer employees from one department or division to another. When all other factors are equal, longevity shall be the determining criterion for layoffs of employees in their respective classifications. Reductions in grade, i.e., demotions may be made in conjunction with layoffs. Past performance and longevity shall be considered in the event of a reduction in grade instead of a layoff. An employee being demoted must be qualified for the position in which the employee will be employed. No regular employee shall be laid off or reduced in grade while another provisional appointment or probationary appointment or an appointment to a temporary position exists in the same classification. Notice of Layoff The City Administrator shall give written Notice of a Layoff to a regular or probationary employee at least 14 calendar days before the effective date of the Layoff. A copy of the notice shall be provided to the Human Resource Representative. This policy only applies to regular part-time and full-time employees. Written Notice of Layoff may be given to provisional or temporary employees at any time prior to the effective date of Layoff. None of the Golf Course employees were interested in the position in the Sewer and Water Division that is now being hired. The Council may consider granting employees an additional severance of one week’s pay per year of service due to economic lay-off. Employees will have completed three, nine, and three years of employment respectively by the end of 2005. This type of severance pay is common in organizations and, if approved for the golf course employees, it is recommended that it be written into general City policy for economic or budgetary layoff situations with appropriate guidelines. Recommendation: It is recommended that the City Council adopt the attached Resolution 6585 approving a severance package for regular full-time Golf Course employees. In addition to the standard severance pay as provided in the Personnel Manual that includes vacation and sick leave, the resolution provides for a termination date that would account for the employee’s balance of flextime hours. Additionally, a severance benefit of one weeks pay per year of service is included. RESOLUTION NO. 6585 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A SEVERANCE PACKAGE FOR REGULAR FULL-TIME GOLF COURSE EMPLOYEES WHEREAS, the City Council anticipates closing of the municipal golf course known as The Bridges of Mounds View Golf Course at the end of the 2005 season; and WHEREAS, the golf course has three full-time employees who would be impacted by the sale and closure of the golf course; the Golf Course Manager, the Clubhouse Manager/Golf Instructor, and the Grounds/Equipment Manager; and WHEREAS, it is the intention of the City to provide a severance package to these employees that is consistent with existing City policy and past practice in regard to layoffs, and recognizes the efforts of the golf course employees; and. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council hereby affirms that all regular full-time golf course employees will be subject to all severance benefits as provided in the City’s Personnel Policy and subject to the terms and conditions therein, FURTHER BE IT RESOLVED, that the termination date of each golf course employee will be established within the Notice of Layoff to account for the individual employee’s flextime balance and, further, each employee shall be given an additional severance payment of one week’s pay for each complete year of service. Adopted this 8th day of August, 2005. _________________________________ Rob Marty, Mayor ATTEST: _________________________________ Kurt Ulrich, City Administrator (seal) FESTIVAL AGREEMENT THIS AGREEMENT is entered into this 8th day of August, 2005, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, community center and the Bridges Golf Course (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “6th Annual Community Golf Tournament” (the “Tournament”), to be held on August 20, 2005; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on August 21, 2005; and WHEREAS, pursuant to Minnesota Statutes, Sections 47115-.191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Tournament and Festival; and WHEREAS, the City is willing to support the Tournament and Festival, as set fort in this Agreement; and WHEREAS, the Corporation is willing to undertake the Tournament and Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Tournament and Festival. The Corporation will sponsor and coordinate all aspects of the Tournament and Festival. 2. Time and Performance. This Agreement will begin as of August 20, 2005, and will terminate as of August 22, 2005 (the “Termination Date”). 3. City Contribution. In support of the community-based Tournament and Festival, the City will provide a contribution of up to $4000.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing city staff assistance to the Tournament and Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. Then up to $4000.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The city will provide the assistance of City equipment to assist the Corporation as set fort on Exhibit B, which is incorporated herein by reference. The city will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Clerk- Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the past three years prior to execution of this Agreement and a financial report including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator Corporation: 8120 Red Oak Court Mounds View, MN 55112-5843 ATTN: Sherry Gunn or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: Clerk-Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $32/hr $1,280.00 3 seasonal workers X 12 hrs @ approx. $10.hr $ 360.00 2. Police: 2 officers X 8 hrs @ approx. $55/hr $ 880.00 $2,520.00 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: 550 truck 409 truck tandem trailer front end loader 104 truck Jacobsen City Honda generator 469 truck 1 ton truck post pounder L8000 dump truck Hoses Extension cords Water shut off keys 2. Fire Dept: Fire truck 3. The Bridges: 4 golf cart Item No: 08D Meeting Date: August 8, 2005 Type of Business: CB City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Administrative Assistant Item Title/Subject: Resolution 6595 Approving the 2005 Festival in the Park Contract Discussion: On the August 1, 2005 Work Session the City Council discussed and reviewed the Festival in the Park of Mounds View contract. Attached for your approval is the Festival in the Park of Mounds View Contract. Recommendation: Adopt Resolution 6595 authorizing the Mayor and Clerk-Administrator to execute the 2005 Festival Agreement with the Festival in the Park of Mounds View. Respectfully submitted, Desaree M. Crane Administrative Assistant to Administration RESOLUTION 6595 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE 2005 FESTIVAL IN THE PARK EVENT WHEREAS, the City of Mounds View desires to co-sponsor an annual community event entitled “Mounds View Festival in the Park” to be held on August 20, 2005 and August 21, 2005; and WHEREAS, the 2005 Festival Agreement, attached as Exhibit A, has been reviewed by the City Council, and has been reviewed and approved for execution by the Festival in the Park of Mounds View, the non-profit organization in charge of the Festival. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its execution by the Mayor and City Clerk/Administrator. Adopted this 8th day of August, 2005. ______________________________ Rob Marty, Mayor ATTEST: ______________________________ Kurt Ulrich, City Administrator (seal) Item No: 08E Meeting Date: August 8, 2005 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Resolution 6596 Approving a Step Increase for Sergeant Mike Kampa of the Mounds View Police Department Background: Sergeant Mike Kampa is a current employee with the City of Mounds View. His supervisor has reviewed his performances as it relates to his responsibilities outlined in the job description. Discussion: It was determined that Sergeant Kampa has more than satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the Personnel Manual and Labor Agreements. Respectfully Submitted, Desaree Crane RESOLUTION 6596 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has more than satisfactorily performed in the capacity of his position documented in his performance review on file. WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Sergeant Mike Kampa Police Sergeant Date of Current Position: Feb 2, 2004 Step 4: $31.93/hr Step 5: $33.61/hr August 2, 2005 Adopted this 8th day of August, 2005. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No. 08F Type of Business:CB Meeting Date: August 8, 2005 Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Consideration of Resolution 6597 Approving a Gasoline and Tobacco License for Mounds View BP, Inc. located at 2155 Highway 10 Elias B.D. Saman and his business/corporation Mounds View BP, Inc., request a Gasoline and Tobacco License for 2155 Highway 10. Oasis Market #355 is the current business, which is owned by Twin Cities Stores Inc. Twin Cities Stores, Inc., will be transferring ownership to Elias B.D. Saman upon approval of this resolution. The appropriate application materials, fee and proof of workers compensation insurance have been submitted. A fire inspection was done and some minor code violations were noted. The new owner of these licenses is to correct these violations 30 days after transfer of ownership. In addition, Twin Cities Stores, Inc. (Oasis Market #355), has submitted to Utility Billing a request for a final water meter reading and final bill. The licensing period will be August 9, 2005- June 30, 2006. Recommendation: Staff recommends approval of Resolution 6597 Approving a Gasoline and Tobacco License for Mounds View BP, Inc. located at 2155 Highway 10. Respectfully Submitted, Desaree Crane RESOLUTION 6597 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving a Gasoline and Tobacco License for Mounds View BP, Inc., located at 2155 Highway 10 WHEREAS, Elias B.D. Saman (Mounds View BP, Inc.), recently submitted an application for a gasoline and tobacco license located at 2155 Highway 10 ; and WHEREAS, the licensing period would be August 9, 2005- June 30, 2006; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a gasoline and tobacco license for Mounds View BP, Inc., located at 2155 Highway 10. Adopted this 8th day of August, 2005. ___________________________________ Rob Marty, Mayor ATTEST: ___________________________________ Kurt Ulrich, City Administrator (seal) Item No: 8G Meeting Date: August 8, 2005 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Consideration of a Minor Subdivision of 2812 Sherwood Drive and 8084 Fairchild Avenue; Planning Case MI2005-004 Introduction: Marlan and Judy Arndt, owners of 8084 Fairchild Avenue and applicants for this request, are proposing a minor subdivision of two lots to create a third lot fronting Fairchild Avenue. The Fairchild lot would be split in half horizontally with land from 2812 Sherwood added to the south lot to provide additional depth. There is an existing house, garage and shed on the Fairchild lot that would need to be removed as part of the subdivision process. Minor subdivisions are those divisions of land less than two acres in size in which only one additional lot is created. Minor subdivisions do not require a public hearing and in contrast to a major subdivision, a Certificate of Survey rather than a plat is all that is needed to record the change with Ramsey County. Discussion: The property at 8084 Fairchild Avenue is presently 25,700 square feet, or 0.59 acres. The lot is zoned R-1, Single Family Residential and is designated as low-density residential on the Comprehensive Plan’s Future Land Use Map. A minor subdivision of this lot would be consistent with both the Zoning and Comp Plan. The existing Fairchild Avenue lot has 171 feet of frontage on Fairchild Avenue, 21 more feet than the minimum necessary to accommodate a subdivision. Each proposed lot would be 85.5 feet wide. The Certificate of Survey included with this report indicates that the south lot to be created would also have joined to it the south 85.5 feet from the Sherwood Road lot. The resulting square footages, after the subdivision, are as follows: North ½ of 8084 Fairchild (Tract A): 12,828 square feet (0.29 acres) South ½ of 8084 Fairchild: (Tract B): 19,243 square feet (0.44 acres) 2812 Sherwood Road (Tract C): 13,502 square feet (0.31 acres) Zoning Requirements The subject properties are zoned R-1, Single Family Residential. The minimum lot size for an interior (a lot which is not on a corner), single-family lot is 11,000 square feet. As proposed, Tracts A, B and C would all have an area in excess of 11,000 square feet. The minimum lot width for interior lots is 75 feet—at 85.5 feet, the two new lots exceed this width. Arndt Subd. Report August 8, 2005 Page 2 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. The Fairchild property is valued at $4.42 per square foot. Two new homes will be constructed as a result of this subdivision, yet one of the homes replaces an existing home and thus should not be subject to the dedication. The land value of the smaller of the two lots to be created (Tract A) would be $56,700. Ten percent of that value--$5,670--would represent the maximum park dedication fee. On minor subdivisions such as this, the Council has assessed a 5% park dedication fee, as can be seen on the Park Dedication Fee Summary exhibit attached to this report. If the Council supports a 5% dedication, that fee would be $2,835. A five percent fee would be consistent with previous subdivisions and reasonable given the additional impact to the City’s park system. Easements With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lot. The Certificate of Survey provided by the applicants indicates the presence of two existing utility easements and an easement along the front of Fairchild Avenue for right of way purposes. The two new lots fronting Fairchild Avenue will need to provide five-foot side yard and 10 foot front and rear yard utility easements. Staff will prepare these documents with descriptions provided by the applicant’s surveyor. One of the existing easements will need to be vacated—the five-foot strip that runs along the east five feet of the south 85.5 feet of 8084 Fairchild Avenue. Vacation of easements is accomplished by ordinance. That ordinance would be prepared subject to the Council’s approval of the subdivision. Technical Issues The Certificate of Plat and Survey provided by the applicants has been reviewed by the City Attorney and found to include some measurement discrepancies. To ensure the certificate of survey will be recordable, staff forwarded the certificate of survey to the Ramsey County surveyor’s office for their review and approval. The City’s approval will be contingent upon the County’s acceptance. With subdivisions of land, the City requires that title commitments be prepared for the affected lots to ensure all persons and parties having an interest in the properties are represented on the transfer documentation. The applicants have provided a Title commitment for the Sherwood Road parcel however a commitment will also need to be provided for the parcel on Fairchild Avenue. Planning Commission Action The Planning Commission reviewed this request at their meeting on July 20, 2005 and found that the request satisfies all zoning and subdivision requirements. The Commission considered the fact that there is a house on the site presently and suggested the existing home and associated outbuildings could remain until the new home was constructed, or for one year, whichever occurs first. Their recommendation of approval is attached for the Council’s reference. Arndt Subd. Report August 8, 2005 Page 3 Public Notice: Minor subdivisions of land do not require a public hearing or public notice. However, Staff does make an attempt to inform residents that would be immediately affected by a new home to promote communication and awareness. For this request, staff sent notices to neighbors letting them know about the subdivision and inviting them to attend the Council’s meeting on August 8. We have not received any feedback in response to the notices. Recommendation: Staff and the Planning Commission recommend that the Mounds View City Council approve Resolution 6589, a resolution approving a minor subdivision of 8084 Fairchild Avenue and 2812 Sherwood Road, with conditions. Respectfully submitted, Jim Ericson Community Development Director Attachments: 1. Application 2. Zoning Map 3. Photographic Documentation 4. Certificate of Survey 5. Aerial Map 6. Planning Commission Resolution 803-05 7. Park Dedication Fee Summary & Regulations 8. Resolution 6598 Zoning Map Aerial Image Photographic Documentation Certificate of Survey – Proposed Lots MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 803-05 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION OF 8084 FAIRCHILD AVENUE AND 2812 SHERWOOD ROAD; MOUNDS VIEW PLANNING CASE NO. MI2005-004 WHEREAS, applicants Marlan and Judy Arndt have requested approval of a minor subdivision of 8084 Fairchild Avenue and 2812 Sherwood Road, property zoned R-1, Single Family Residential, legally-described as follows: The South 170.99 Feet of the East 150.00 Feet and The East 75.00 Feet of the West 150 Feet of the East 300 Feet of Lot 64, Auditor’s Subdivision No. 89 Ramsey County, Minnesota WHEREAS, the applicants propose to create two 85.5 foot lots fronting Fairchild Avenue and divide the rear 85.5 feet from the Sherwood Road parcel and combine it with the south half of the Fairchild parcel; and, WHEREAS, the applicants have submitted a Certificate of Survey for the proposed minor subdivision indicating the new lots as Tract A and Tract B and the remainder lot of Tract C; and, WHEREAS, the Planning Commission has reviewed the applicants’ request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the Planning Commission finds that the applicants’ request for a minor subdivision is in conformance with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision of 8084 Fairchild Road and 2812 Sherwood Road and subsequent easement vacation, subject to the following conditions: 1. The Applicants shall arrange to have a Title Commitment prepared and submitted for the Fairchild Avenue parcel for the City Attorney’s review prior to the approval of the subdivision by the City Council. Resolution 803-05 Page 2 2. The Applicants shall arrange to have the Certificate of Survey corrected and resubmitted to reflect accurate measurements and dimensions. 3. The Applicants shall arrange to pay the appropriate park dedication fee as determined by the Mounds View City Council prior to the City sealing the new deeds. 4. The Applicants shall arrange to record new property deeds with Ramsey County within 60 days of Council approval and provide the City with proof of recordation. Failure to do shall cause the approval to become null and void unless, in the opinion of the Community Development Director, delay is beyond the control of the Applicants. 5. The Applicants shall execute new drainage and utility easement documents over the two lots fronting Fairchild Avenue 6. The Applicants shall arrange to have a legal description drafted over the remnant easement area to be vacated over Tract B. 7. The Applicants shall arrange to have the existing home and accessory structures removed from the Fairchild Avenue lot and the rear 85.5 feet from the Sherwood Road parcel. Any accessory structures intended to remain shall conform to all setback and zoning requirements. 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 20th day of July, 2005. __________________________________________ Gary Stevenson, Chairperson ATTEST: ______________________________________ James Ericson Community Development Director (SEAL) City of Mounds View Park Dedication Fee Summary (Ordinary “Lot Splits” Highlighted) 2000 – 2005 Year Applicant Project Description Land Valuation / Land Area Dedication Amount 2005 Marlan & Judy Arndt Minor Subdivision 2 lots into 3 lots $ 4.42 per sq foot 12,828 sq feet $ 5,670 (1) 2005 Medtronic Major Subdivision Corp office campus $120,139 per acre 72 acres $865,000 (2) 2005 Integra Homes Minor Subdivision Split one lot into two $2.34 per sq foot 36,611 sq feet $8,582 (3) 2004 Hidden Hollow Major Subdivision Six lots into 17 lots $1.00 per sq. foot 407,674 sq. feet $40,764 (10 %) 2003 Duane Waldoch Minor Subdivision Split one lot into two $ 1.21 per sq. foot 12,690 sq. feet $1,536 (5 %) 2003 Wendy Pedginski Minor Subdivision Split one lot into two $ 1.74 per sq. foot 13,726 sq. feet $1,194 (5 %) 2003 Tony Hoffman Minor Subdivision 2 lots into 3 lots $ 1.91 per sq. foot 15,975 sq. feet $1,526 (5 %) 2003 George Grone Minor Subdivision Split one lot into two $1.49 per sq. foot 37,125 sq. feet $2,763 (5 %) 2002 Cedar Management Major Subdivision Lot Combination $1.77 per sq. foot 81,457 sq. feet $14,390 (4) 2001 Diehl Subdivision Minor Subdivision Split one lot into two $0.77 per sq. foot 30,474 sq. feet $2,346 (10 %) 2001 Hamilton Creek Major Subdivision Three lots into six $0.79 per sq. foot 84,202 sq. feet $5,590 (10 %) 2001 Redfield Subdivision Minor Subdivision Split one lot into two $0.87 per sq. foot 18,236 sq. feet $794.00 (5 %) 2001 Mermaid Major Subdivision Lot Combination $2.25 per sq. foot 409,435 sq. feet $92,306.00 (10 %) 2000 Cary Lot Split Minor Subdivision Split one lot into two $0.97 per sq. foot 14,202 sq. foot $689.00 (5 %) 2000 RTM Management Minor Subdivision Two lots into three $1.23 per sq. foot 11,920 sq. feet $723.00 (5 %) (1) Proposed dedication fee based on 10% of Assessed land value (2) Dedication based on 10% of land sale amount (3) 10% Dedication deferred until parcel included in larger development (4) Applicants chose not to move forward with the combination due to the park dedication fee Ordinance 745 – Park Dedication Fees Summary Ordinance 745 amended Chapter 1204 of the Mounds View Municipal Code pertaining to Park Dedications associated with subdivisions of land. The amendments clarify the requirements, address recent changes to Minnesota statutes and allow for some flexibility regarding the dedication fee imposed. While the maximum dedication allowed by the Code would be ten percent of the land or its equivalent cash value, the amendment would necessitate that the fee imposed as a result of a subdivision be comparatively reasonable and based in part on the intensity or further intensification resulting from the development. Finally, the amendment provides for a process by which the subdivider of land may appeal the imposition of the dedication fee to the district court consistent with Minnesota Statutes. Up to ten percent (10%) of the land of the proposed subdivision or its equivalent in cash based on the fair market value shall constitute a reasonable portion for dedication purposes under this Section. The exact portion of land or its equivalent amount in cash shall be established by the Municipality based on the following factors: • Type of the proposed subdivision land use: residential, industrial or commercial; • The need for open space generated by the proposed subdivision; • Existence of land dedicated for public use within the proposed subdivision, excluding areas reserved as storm water holding ponds; • Fair market value of the land; • Other relevant factors unique to a particular subdivision supporting the need for dedication of lands for public use. If an equivalent amount in cash from the subdivider for part or the entire portion required to be dedicated is to be paid by the subdivider, such amount is due no later that at the time of final approval of the proposed subdivision. Appeal Process Pursuant to Minnesota Statutes sections 462.358 and 462.361 a subdivider may appeal the imposition of dedication fee to the district court within 60 days of the approval of the subdivision application. The subdivider must give written notice to the Municipality regarding a proposed fee dispute prior to the final decision on the proposed subdivision. Upon receiving the notice, the Municipality shall place the disputed fee amount in an escrow and shall continue processing the subdivision application as if the fee had been paid. The Municipality will not condition the approval of any proposed subdivision on the subdivider’s waiver of the right to challenge the dedication fee. If the subdivider fails to appeal the dedication fee within 60 days of the subdivision approval, or if the subdivider does not prevail on the appeal, the funds paid into escrow will be transferred to the Municipality. RESOLUTION NO. 6589 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A MINOR SUBDIVISION OF 8084 FAIRCHILD AVENUE AND 2812 SHERWOOD ROAD; MOUNDS VIEW PLANNING CASE NO. MI2005-004 WHEREAS, applicants Marlan and Judy Arndt have requested approval of a minor subdivision of 8084 Fairchild Avenue and 2812 Sherwood Road, property zoned R-1, Single Family Residential, legally-described as follows: The South 170.99 Feet of the East 150.00 Feet and The East 75.00 Feet of the West 150 Feet of the East 300 Feet of Lot 64, Auditor’s Subdivision No. 89 Ramsey County, Minnesota WHEREAS, the applicants propose to create two 85.5 foot lots fronting Fairchild Avenue and divide the rear 85.5 feet from the Sherwood Road parcel and combine it with the south half of the Fairchild parcel; and, WHEREAS, the applicants have submitted a Certificate of Survey for the proposed minor subdivision indicating the new lots as Tract A and Tract B and the remainder lot of Tract C; and, WHEREAS, the City Council has reviewed the applicants’ request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the City Council finds that the applicants’ request for a minor subdivision is in conformance with the Comprehensive Plan; and, WHEREAS, the Mounds View Planning Commission has recommended approval of the request finding that the proposal is consistent with the Zoning Code, Subdivision regulations and the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the minor subdivision of 8084 Fairchild Road and 2812 Sherwood Road and subsequent easement vacation, subject to the following conditions: 1. The Applicants shall arrange to prepare and provide a title commitment for the Fairchild Avenue parcel for the City Attorney’s review. 2. Ramsey County shall review the certificate of survey and make whatever revisions as may be required to effectuate the subdivision. Resolution 6589 Page 2 3. The Applicants shall arrange to pay the appropriate park dedication fee of $2,835 as determined by the Mounds View City Council prior to the City approving the new deeds. 4. The Applicants shall arrange to record new property deeds with Ramsey County within 60 days of Council approval and provide the City with proof of recordation. Failure to do shall cause the approval to become null and void unless, in the opinion of the Community Development Director, delay is beyond the control of the Applicants. 5. The Applicants shall execute new drainage and utility easement documents over the two lots fronting Fairchild Avenue 6. The Applicants shall arrange to have a legal description drafted over the remnant easement area to be vacated over Tract B. 7. The Applicants shall arrange to have the existing home and accessory structures removed from the Fairchild Avenue lot and the rear 85.5 feet from the Sherwood Road parcel within one year of City Council approval. Any accessory structures intended to remain shall conform to all setback and zoning requirements. 8. The Applicants shall arrange to have the existing gravel driveway on 2808 Sherwood Road shifted to the north to maintain a five-foot setback from Tract A. The applicants shall restore any disturbed areas with seed or sod or other appropriate landscaping. Adopted this 8th day of August, 2005. __________________________________________ Rob Marty, Mayor ATTEST: ______________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 08H Meeting Date: August 8, 2005 Type of Business: CB City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Administrative Assistant Item Title/Subject: Resolution 6599 Approving a Charitable Gambling Permit to Conduct Excluded Bingo for the 2005 Festival in the Park in Mounds View Discussion: The Festival in the park is fast approaching and the organization has requested a permit to conduct Charitable Gambling for conduct Excluded Bingo. The Excluded Bingo will commence on August 21, 2005. However, Staff has not received an application. Staff was told by the Festival in the Park point of contact (Councilmember Sherry Gunn) that the committee is trying to get a hold of the person responsible for submitting this permit. Attached is Resolution 6599 Approving the Charitable Gambling Permit. If the Application is not received prior to this meeting, then this item will be pulled from the Agenda. Recommendation: Adopt Resolution 6599 Approving a Charitable Gambling Application for the 2005 Festival in the Park if the Charitable Gambling Application is received prior to the start of this City Council Meeting. Respectfully submitted, Desaree M. Crane RESOLUTION 6599 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving a Charitable Gambling Application For the 2005 Festival in the Park WHEREAS, the Festival in the Park has submitted an application to conduct charitable gambling (excluded bingo) on August 21, 2005; and WHEREAS, the Mounds View City Council and residents recognize the value of the Festival in the Park. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve Resolution 6599 Approving a Charitable Gambling Application for the 2005 Festival in the Park. Adopted this 8th day of August, 2005. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 09A Meeting Date: August 8, 2005 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, 2005. 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 2004. Those companies renewing their license were licensed, at a minimum, in the year 2004. The type of license they are applying for follows the company name. Central Roofing Company General (Commercial) New Copeland Building Corporation General (Commercial) New Dependable Indoor Air Quality, Inc. HVAC Renewal Marsh Heating & Air Conditioning HVAC New Staff Recommendation: Approve license applications as requested. Item No: 9E Meeting Date: 08/08/05 Type of Business: CA City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 6598 Accepting and Approving the Distribution of Bethlehem Baptist Church Community Donation Background: As part of its commitment to the community of Mounds View, the Bethlehem Baptist Church Council of Elders passed a Resolution that creates a “Mounds View Service Project” with the intention of providing $25,000 per year in funds to help meet community needs as identified by the City and the Church. The Church donates the contributions twice annually in the amount of $12,500. At the August 1st Council work session, the Church recommended to the Council the following distribution of funds: Park and Recreation Groveland Park Building Project $7,500 YMCA “Y Partners” Program $2,500 Festival in the Park $2,500 These recommendations were based upon discussions with City staff, the YMCA, and Festival representatives. The Council consensus was that these projects were good places to put the funding. Discussion: It is recommended that the Council pass a resolution accepting the donation and the proposed distribution of funds to these projects. Once the funds are received they will be distributed to these entities through the City. A committee consisting of Church members and City representatives is to be established by 2006. This Committee would make recommendations to the Council in the future regarding the use of the donated funds. Recommendation: It is recommended that the Council pass the attached Resolution 6598 accepting the donation and the proposed distribution of funds from Bethlehem Baptist Church. RESOLUTION NO. 6598 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING AND APPROVING THE DISTRIBUTION OF BETHLEHEM BAPTIST CHURCH COMMUNITY DONATION WHEREAS, Bethlehem Baptist Church has established a North Campus in the City of Mounds View, and WHEREAS, Bethlehem Baptist Church desires to assist the community in meeting its community needs and has established a “Mounds View Community Service Project Fund” with the intent of annually donating $25,000 toward community projects, and WHEREAS, Bethlehem Baptist Church has offered $12,500 in funds as a semi- annual installment toward this commitment, and WHEREAS, the distribution of this donation has been discussed with City staff, the YMCA, a Festival in the Park representative, and the City Council, and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View gratefully acknowledges the donation of $12,500 from Bethlehem Baptist Church and agrees to distribute the money, upon receipt, as follows: Park and Recreation Groveland Park Building Project $7,500 YMCA “Y Partners” Program $2,500 Festival in the Park $2,500 Adopted this 8th day of August, 2005. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (seal)