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CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, April 26, 2004
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn
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. Resolution of Commendation for the Joint Efforts of the Mounds View PD, New Brighton
PD, and the Spring Lake Park Fire Department in Response to a Fire at 5045 Sunnyside
Road in Mounds View.
B. Presentation by Bullard (manufacturer of life saving device) that assisted the Spring Lake
Fire Department with the Fire located at 5045 Sunnyside Road. (5-7 minute presentation
preceded by a Medal and Commendation Ceremony). –no report
7. JUST AND CORRECT CLAIMS
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, May 10, 2004 at 7:20 PM to Consider Ordinance
736, an Ordinance Amending the Mounds View City Charter.
C. Set a Public Hearing for Monday, May 10, 2004 at 7:25 PM to Consider the “Hidden
Hollow” Preliminary Plat
D. Resolution 6229 appointing Robin Marion to the part time position of Public Service
Officer.
E. Resolution 6233 Authorizing the expenditure of Park Dedication Funds for the
Lakeside Lions Park Fishing Pier.
F. Cancel Public Hearing at 7:05 for Introduction of Ordinance 733, an Ordinance
Amending the Zoning Code Relating to Outdoor Temporary Sales at 7:05pm and
reschedule the Public Hearing for 7:05pm on May 10, 2004.
G. Cancel Public Hearing at 7:10pm to Consider Resolution 6225, Approving the Off-
Sale Intoxicating Liquor License for Sid’s Discount Liquors located at 2577 West
Highway 10 and reschedule the Public Hearing for 7:10pm on May 10, 2004.
H. Cancel Public Hearing at 7:15pm for Introduction of Ordinance 735, an Ordinance
Amending the Zoning Code Relating to Temporary Tents and Membrane Structures
in Commercial/Industrial Districts and reschedule the Public Hearing for May 10,
2004 at 7:15pm.
City Council Meeting
April 26, 2004
Page 2
9. COUNCIL BUSINESS
A. First Reading and Introduction of Ordinance 733, an Ordinance Amending the Zoning
Code Relating to Outdoor Temporary Sales.
B. First Reading and Introduction of Ordinance 735, an Ordinance Amending the Zoning
Code Relating to Temporary Tents and Membrane Structures in Commerical/Industrial
Districts.
C. Resolution 6227 Approving a Planned Unit Development Amendment to Add “Religious
Institution” to the Permitted Uses for Building N
D. Second Reading and Adoption of Ordinance 734, an Ordinance Amending Chapter 513
Pertaining to Adult Oriented Businesses (ROLL CALL VOTE)
E. Resolution 6232 Setting an Assessment Hearing Date of May 24, 2004, Authorizing the
Advertisement for the Hearing, Declaring Cost to be Assessed, and Ordering the
Preparation of Proposed Assessment for the 2003 Street Improvement Project.
F. Resolution 6231 Step Increase for David Parker.
G. Resolution 6230 Amending the 2003 Budgets for the General Fund and Police Special
Revenue Funds.
H. First Reading and Introduction of Ordinance 736, Ordinance Amending the City Charter
Section 4.02, Filing for Office.
I. Community Survey
10. APPROVAL OF MINUTES
A. City Council Minutes April 12, 2004.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
(1) Review Calendar of Future Meetings
(2) Finance Department Quarterly Report
(3) Police Department Quarterly Report
(4) Ramsey County League of Local Governments Seminar in “Finance 101”
C. Reports of City Attorney
12. Next Council Work Session: Monday, May 3, 2004
Next Council Meeting: Monday, May 10, 2004
RESOLUTION NO. 6234
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF COMMENDATION
FOR THE JOINT EFFORTS OF RESPONDING TO A FIRE AT 5045 SUNNYSIDE ROAD
IN MOUNDS VIEW
WHEREAS, on Tuesday morning March 22, 2004 the Mounds View Police Department, the New
Brighton Police Department and the Spring Lake Park Fire Department all responded to a reported
structure fire at 5045 Sunnyside Road in Mounds View and;
WHEREAS, reports of a child trapped were received by communications and forwarded to
responding first responders and;
WHEREAS, New Brighton Police Officers Sgt. Kaiser, Officer Emerson, Officer Hamdorf and
Public Safety Officer Pellegrin and Mounds View Police Officers Sgt. Johnson, and Officer Menard
attempted to rescue trapped occupants and could not do so because of lethal smoke environment and;
WHEREAS, Captain Ken Martin and Firefighter Chris Lueck, are both members of the Spring
Lake Park – Blaine – Mounds View Fire Department and both residents of the City of Spring Lake Park
and;
WHEREAS, Captain Martin and Firefighter Lueck donned their personal protective gear, obtained
a thermal imaging camera and entered the burning structure without a charged hose line as time was of
the essence in locating and rescuing the trapped occupant and;
WHEREAS, using their training, equipment, courage and professional approach did place their
own lives in considerable risk and jeopardy and;
WHEREAS, Captain Martin and Firefighter Lueck successfully located and rescued nine year old
Tony Cooper who was found prone and unconscious on the floor and would have perished within
seconds without their heroic actions now;
THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby recognized
the efforts of the team of first responders to include Captain Martin and Firefighter Lueck of the Fire
Department, Officers Emerson, Sgt. Kaiser, Officer Hamdorf, and Public Safety Officer Pellegrin of the
New Brighton Police Department and Officer Menard and Sgt. Johnson of the Mounds View Police
department who all worked together to help save the life of the resident trapped in the burning structure
Adopted this 23rd day of February, 2004.
ATTEST:
Mayor Jerry Linke
Councilmember Quick Councilmember Stigney
Councilmember Gunn Councilmember Marty
City Administrator Ulrich
Item No: 08A
Meeting Date: April 26, 2004
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, 2004. 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 2003. Those companies renewing their license were licensed, at a
minimum, in the year 2003. The type of license they are applying for follows the
company name.
AirCorps, LLC – HVAC - New
Alpine Asphalt, Inc. – Asphalt – New
Drobnick’s Tree Service – Tree Trimming/Removal – Renewal
Market Mechanical – HVAC - New
Sela Roofing & Remodeling – General (Commercial) – New
Staff Recommendation: Approve license applications as requested.
Respectfully submitted,
Barbara Benesch
Item No: _8D__
Meeting Date: April 26, 2004
Type of Business: CA
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Chief of Police, Mike Sommer
Item Title/Subject: Approval to Hire Robin Marion as Public
Service Officer
Introduction:
The City Council has approved the hiring of a part time Public Service Officer to fill the
current opening. The Police Chief met with the Police Civil Service Commission
concerning the procedures for filling the position. The Civil Service Commission has
certified the top three candidates for the position as:
1. Robin Marion
2. Corey Williams
3. Russell Sasaoka
The top candidate for the position is Robin Marion. Chief Sommer has meet with Mr.
Marion, a resident of Mounds View, and recommends he be hired to the position pending
a successful background investigation.
Recommendation:
Staff seeks council approval to proceed with appointing Robin Marion to the part time
position of Public Service Officer at the step one rate of pay for the position.
Respectfully submitted,
Mike Sommer, Chief of Police
RESOLUTION NO. 6229
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPOINTING ROBIN MARION TO THE
POSITION OF POLICE PUBLIC SERVICE OFFICER
WHEREAS, a current opening exists for the part time position of Public Service
Officer in the Police Department, and the City Council has approved filling the position,
and;
WHEREAS, the Police Civil Service commission certified the top three
candidates on the current eligibility list for the position, and the top candidate is Robin
Marion, and;
WHEREAS, the Chief of Police has met with Mr. Marion and recommends he be
appointed to the part-time position of Public Service Officer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows: that the Mounds View City
Council does hereby appoint Robin Marion to the position of Public Service Officer at
the step one rate of pay for the position.
Adopted this 26th day of April 2004.
______________________________
Jerry Linke, Mayor
(ATTEST)
_______________________________
Kurt Ulrich
City Clerk/Administrator
(SEAL)
Item No. 8E
Meeting Date: April 26, 2004
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 6233 Authorizing the Expenditure of
Park Dedication Funds for the Lakeside Lions Park
Fishing Pier
Background:
The Department of Natural Resources (DNR) has a program entitled, “Fishing in
the Neighborhood” (FIN). As part of this program, the DNR has dedicated a grant
to the Lakeside Lions Park for constructing a floating fishing pier. The pier would
be 104 feet in length and have a “T” section on the end. The total estimated cost
of the pier is $22,200. The DNR Grant is for $12,200. The remaining $10,000 will
need to be raised from several other sources, some of which may include: Spring
Lake Park Lions, Fridley Lions, and donations.
The DNR will also be stocking the lake this spring with large mouth bass and
black crappies.
Discussion:
The Mounds View Parks and Recreation Commission is in support of this project.
In October 2003, the estimated amount needing to be raised for construction of
the fishing pier was $12,000 (the total estimated cost of $22,200 minus the DNR
grant of $12,200). At their October 23, 2003 meeting, the Mounds View Parks
and Recreation Commissioners made a motion to recommend the expenditure of
$6,000 to be derived from the City’s Park Dedication Fund to help finance the
fishing pier. This motion passed unanimously: however, it was never acted upon.
As of this date additional contributions have been made. A breakdown of the
donations and grants for the fishing pier at Lakeside follows:
Minnesota DNR: $12,200.00
Spring Lake Park Lions: $ 6,000.00
Mounds View Lions: $ 2,000.00
Spring Lake Park Hockey: $ 1,000.00
Fridley VFW: $ 100.00
Total: $21,300.00
The total cost of the project is $22,200.00. There is a shortage of $900.00 yet to
be raised. Installation is tentatively scheduled for mid July.
Staff, along with the Mounds View Parks and Recreation Commissioners is
recommending the remaining amount of $900 be derived from the City’s Park
Dedication Fund.
The City would also need to submit a letter stating that we are in favor of adding
the fishing pier at Lakeside Lions Park and that this amenity will be owned and
operated per the Lakeside Lions Park Joint Ownership Agreement between the
cities of Mounds View and Spring Lake Park.
Recommendation:
Staff, along with the Mounds View Parks and Recreation Commissioners,
recommends that the City Council authorize the expenditure of Park Dedication
Funds in the amount of $900 for the Lakeside Lions Park Fishing Pier.
Staff also recommends that the City Council authorize the submittal of a letter
stating that we are in favor of adding the fishing pier at Lakeside Lions Park and
that this amenity will be owned and operated per the Lakeside Lions Park Joint
Ownership Agreement between the cities of Mounds View and Spring Lake Park.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6233
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING THE EXPENDITURE OF PARK DEDICATION FUNDS AND
SUBMITTAL OF A LETTER OF AGREEMENT WITH THE CITY OF SPRING
LAKE PARK FOR THE LAKESIDE LIONS PARK FISHING PIER
WHEREAS, the Department of Natural Resources (DNR) has a program
entitled, “Fishing in the Neighborhood” (FIN). As part of this program, the DNR
has dedicated a grant to the Lakeside Lions Park for constructing a floating
fishing pier; and
WHEREAS, the Mounds View Parks and Recreation Commission is in
support of this project and made a motion to recommend the expenditure of
$6,000 to be derived from the City’s Park Dedication Fund to help finance the
fishing pier; and
WHEREAS, there is a shortage of $900.00 yet to be raised; and
WHEREAS, the City Charter, Section 7.08 gives the City Council authority
to amend the budget by resolution; and
WHEREAS, the City would also need to submit a letter stating that that
this amenity will be owned and operated per the Lakeside Lions Park Joint
Ownership Agreement between the cities of Mounds View and Spring Lake Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The expenditure of funds from the Park Dedication Fund to help finance
the construction of a fishing pier at the Lakeside Lions Park is hereby
authorized.
2. The funds will be derived from the City’s Park Dedication Fund,
Construction Account (Account 285-4470-7050), and will be issued to the
City of Spring lake Park.
3. The amount of said funds will not exceed nine hundred dollars ($900.00).
4. The submittal of a letter stating that the City is in favor of adding the
fishing pier at Lakeside Lions Park and that this amenity will be owned and
operated per the Lakeside Lions Park Joint Ownership Agreement
between the cities of Mounds View and Spring Lake is hereby authorized.
5. The Construction Account of the Park Dedication Fund of the 2004 Budget
is amended to reflect said expenditure.
Adopted this 26th day of April 2004.
____________________________________
Jerry Linke, Mayor
ATTEST:
____________________________________
Kurt Ulrich, City Administrator
(SEAL)
Item No: 08G
Meeting Date: April 26, 2004
Type of Business: Council Agenda
Administrator Review: _________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Administrative Assistant
Item Title/Subject: Cancel Public Hearing at 7:10pm tonight to Consider
Resolution 6225, Approving the Off-Sale Intoxicating
License for Sid’s Discount Liquors located at 2577
West Highway 10 and reschedule the Public Hearing
for 7:10 on May 10, 2004
Section 502.08 of the Mounds View City Code requires that a public hearing be held
for new and transfer liquor license applications after published notice in the official
newspaper at least 10 days in advance of the hearing. Applebaum Companies, LLC
is intending to open a liquor store at 2577 West Highway 10, doing business as Sid’s
Discount Liquors. Sid’s Discount Liquors will be taking the place of Budget Liquors
located at the same address. The proper application materials, fee and proof of
insurance have been submitted, however the proper background checks have not
come back. In addition, the Public Hearing Notice could not be submitted in time for
the required 10 day notice.
Recommendation:
Staff recommends rescheduling the Public Hearing for May 10, 2004, at 7:10pm.
Respectfully Submitted,
Desaree Crane
Item No: 9A
Meeting Date: April 26, 2004
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kristin Prososki, Planning Associate
Item Title/Subject: First Reading and Introduction of Ordinance 733, an
Ordinance Amending the Zoning Code Relating to
Temporary Outdoor Sales; Special Planning Case
SP-113-02
Introduction:
Chapter 504 of the Municipal Code requires that peddlers, solicitors and transient
merchants obtain a permit before conducting sales. The Zoning Code (Title 1100),
however, requires a conditional use permit for outdoor sales in a B-3, Highway Business
District, and B-4, Regional Business District. Past practice has been to issue permits for
temporary sales, which is in violation of the Zoning Code. According to Code, a
conditional use permit should be obtained for any type of outdoor sales.
Discussion:
This item was brought before the Council at the Monday, April 5, 2004 work session. At
that time, two specific concerns/suggestions were raised. One suggestion was to add a
stipulation that the applicant must have the written approval from the owner of the
property where the sale is to be conducted. Staff added this requirement to Ordinance
733. The other concern was regarding a State rule that allows a farmer to sell his/her
products without obtaining a permit. The City Attorney and Staff researched the rule and
found that Article 13, Section 7 of the Minnesota Constitution states the following:
“NO LICENSE REQUIRED TO PEDDLE. Any person may sell or peddle the
products of the farm or garden occupied and cultivated by him without obtaining
a license therefor.”
Staff added language that addresses this portion of the Minnesota Constitution and notes
that it provides an exception to the permit requirement.
In addition to the comments from the Council, Staff and the Planning Commission
recommend that temporary outdoor sales be allowed as a permitted accessory use in a
B-1, Neighborhood Business District. Due to the way that accessory uses are structured
in the code, this would allow temporary outdoor sales as a permitted accessory use in all
commercial zoning districts. Staff and the Planning Commission recommend allowing
temporary outdoor sales to occur for up to ten (10) days in any commercial district. The
temporary sale could occur up to three (3) times per year and each permit period must be
separated by a minimum of thirty (30) days. Applicants would be required to obtain a
permit from the City and meet the following conditions: the sales area must be grassed or
surfaced to control dust, the sale cannot take up parking space and lighting must be
hooded and directed away from the public right of way and neighboring residences. In
addition, the ordinance limits the hours of operation to 7:00 AM to 10:00 PM. This
revision would provide consistency throughout the code and would allow short-term sales
to be conducted without the conditional use process.
Temporary Outdoor Sales Report
April 26, 2004
Page 2
Recommendation:
Review Ordinance 733 and discuss any necessary changes. Staff and the Planning
Commission recommend approval of the first reading and introduction of Ordinance 733.
If any changes are necessary, they will be made prior to the second reading, which is
scheduled for Monday, May 10, 2004.
Respectfully submitted,
Kristin Prososki
Planning Associate
Attachments:
1. Planning Commission Resolution 751-04
2. Ordinance 733
Temporary Outdoor Sales Report
April 26, 2004
Page 3
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 751-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CITY CODE AMENDMENT TO
SECTION 1112.03, SECTION 1114.04, SUBD. 5 AND SECTION 1115.04, SUBD. 2
REGARDING TEMPORARY OUTDOOR SALES.
WHEREAS, a conflict exists in the Zoning Code regarding requirements for temporary
outdoor sales whereby Section 504 of the Mounds View Municipal Code requires only an
administrative permit for temporary sales, but Sections 1114 and 1115 require a conditional use
permit; and,
WHEREAS, consistency in the Code is crucial to proper code enforcement; and,
WHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
a. Section 1112.03, 1114.04 and 1115.04 of the City Code
b. Proposed Ordinance
c. Staff Report
WHEREAS, the Mounds View Planning Commission finds that the proposed
amendment satisfies the spirit and intent of Chapters 1100 of the Zoning Code; and,
WHEREAS, the Mounds View Planning Commission finds that the proposed amendment is not in conflict with the Mounds View Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of an amendment to Sections 1112.03, 1114.04 and 1115.04
of the City Code as depicted in the attached proposed Ordinance.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council prior to approval of the minutes.
Adopted this 4th day of February, 2004.
__________________________________________
Gary Stevenson, Chairperson
ATTEST:
__________________________________________
James Ericson, Community Development Director
(SEAL)
Temporary Outdoor Sales Report
April 26, 2004
Page 4
ORDINANCE NO. 733
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 1112.03, SECTION 1114.04, SUBD. 5 AND
SECTION 1115.04, SUBD. 2 OF THE MOUNDS VIEW CITY CODE PERTAINING TO
OUTDOOR SALES.
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: Section 1112.03 of the Mounds View Zoning Code is hereby amended by
inserting the following underlined text, to read as follows:
1112.03: ACCESSORY USES: The following are permitted accessory uses in a B-1
District:
Subd. 5. Temporary open or outdoor services, sales and rental as an accessory use and
including sales in or from motorized vehicles, trailers or wagons, subject to the
following:
a. The activity shall not continue for a period greater than 10 consecutive days or for
more than three (3) ten (10) day periods per year. Permit periods must be
separated by a minimum of thirty (30) days.
b. Notwithstanding Article 13, Section 7 of the Minnesota Constitution, a permit
issued by the City shall be obtained prior to commencing the activity.
c. A permit will not be issued without the written consent of the property owner.
d. The sales area shall be grassed or surfaced to control dust.
e. The activity shall not take up parking space as required for conformity of this
Title.
f. All lighting shall be hooded and so directed that the light source shall not be visible
from the public right of way or from neighboring residences and shall be in
compliance with sections 1103.08 and 1103.09 of this Title.
SECTION 2: Section 1114.04 of the Mounds View Zoning Code is hereby amended by
inserting the following underlined text, to read as follows:
1114.04 CONDITIONAL USES: The following are conditional uses in a B-3 District:
Subd. 5. Open or outdoor services, sales and rental as a principal or accessory use and including
sales in or from motorized vehicles, trailers or wagons for a period greater than 10 days;
SECTION 3: Section 1115.04 of the Mounds View Zoning Code is hereby amended by
inserting the following underlined text, to read as follows:
Temporary Outdoor Sales Report
April 26, 2004
Page 5
1115.04 CONDITIONAL USES: The following are conditional uses in a B-4 District:
Subd. 5. Open or outdoor service, sale and rental as an accessory use and including sales in or
from motorized vehicles, trailers or wagons for a period greater than 10 days;
SECTION 4: This Ordinance becomes effective thirty (30) days after its publication in
the official City newspaper.
Read by the City Council of the City of Mounds View on this 26th day of April, 2004.
Read and passed by the City Council of the City of Mounds View this 10th day of May,
2004.
Jerry Linke, Mayor
ATTEST:
________________________________
Kurt Ulrich, Clerk / Administrator
(SEAL)
APPROVED AS TO FORM:
_________________________
City Attorney
Item No: 9B
Meeting Date: April 26, 2004
Type of Business: CB
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and Mounds View City Council
From: James Ericson, Community Development Director
Item Title/Subject: First Reading and Introduction of Ordinance 735, an
Ordinance Amending the Zoning Code Relating to
temporary Tents and Membrane Structures in
Commercial and Industrial Zoning Districts
Introduction:
The Mounds View Zoning Code does not currently address the issue of temporary tents and
membrane structures in commercial and industrial districts. In order to address this
deficiency, the Planning Commission held multiple meetings on the issue and on February 4,
2004, the Commission approved Resolution 752-04, a resolution recommending an
amendment to the Zoning Code by adding “Temporary Outdoor Tents and Membrane
Structures” as a permitted “Interim Use” in commercial and industrial districts.
Discussion:
To reach their decision, the Planning Commission reviewed Mounds View’s City Code, the
Fire code and the Building Code; it reviewed Mounds View’s parking requirements as well as
requirements from other communities and considered design and location issues. The
Commission was presented with a number of options, which included the following:
1. Should temporary tents and membrane structures be allowed in commercial use
districts?
2. If so, should they be allowed by right? Should they require a permit?
3. Should such a structure be allowed only with an Interim Use Permit (IUP) or a Conditional
Use Permit (CUP)?
The Planning Commission felt that such structures could be allowed under certain
circumstances such as with an IUP or CUP. In this case, an IUP would seem more
appropriate since, as the title implies, the approval would be for a specific period of time; as
opposed to a CUP which would run with the land forever until formally revoked or terminated.
An Interim Use Permit, like a CUP, may have conditions attached to it. The Planning
Commission agreed that the following conditions would be suitable:
a. The tent or membrane structure would need to comply with all provisions of the
Fire Code and receive an annual fire permit issued by the Fire Marshal.
b. Adequate parking to accommodate the occupancy would need to be provided at a
ratio of one parking space per 40 feet of tent area. (The City Council may waive
the parking requirement if it is shown the site has sufficient existing parking
capacity.)
Commercial Tents Report
April 26, 2004
Page 2
c. The structure may not be located in or on a parking lot displacing parking stalls
unless it is shown an adequate amount of parking remained.
d. A Zoning Permit would be required annually, the duration of which cannot exceed
180 days.
e. The membrane or cover shall be constructed of a durable reinforced material to
withstand wind and snowloads.
f. The structure shall be anchored to the ground.
g. The tent or membrane structure shall be maintained in a good condition.
Deficiencies shall be corrected as soon as practicable.
h. The IUP can be reviewed at any time by the City if problems arise which would
necessitate revision or termination of the IUP.
i. The IUP would become null and void if the property owner fails to comply with the
provisions of the permit or if the structure is removed for more than a one-year
period, or if the property undergoes a change of ownership.
The Planning Commission also debated the appropriate duration of an IUP for a tent or
membrane structure. The outcome of this was that each tent or membrane structure could
warrant different durations depending upon different site-specific circumstances. The
Mermaid’s tent, for example, could be approved for an initial five-year period with five-year
extensions, while another commercial tent might justify a one -year approval with subsequent
two-year extensions. Differences may hinge on available parking, proximity to residential
districts and the nature of the proposed use.
The issue of “allowable size” was brought up at the City Council’s worksession on April 5,
2004. Staff has considered this and recommends that there should be a maximum area
allowed (5,000 square feet) as well as a maximum area not to exceed a certain percentage
(10%) of the building area. For sake of reference, the Mermaid’s tent is 4,200 square feet
and represents about 7% of the total building area.
Recommendation:
Review and consider the introduction and first reading of Ordinance 735. If any changes are
required to the ordinance, they will be made prior to second reading.
_____________________________________
James Ericson
Community Development Director
City of Mounds View
ORDINANCE 735
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW ZONING CODE TO PERMIT
TEMPORARY TENTS AND MEMBRANE STRUCTURES IN COMMERCIAL &
INDUSTRIAL ZONING DISTRICTS, WITH AN INTERIM USE PERMIT
The City Council of the City of Mounds View does hereby ordain:
SECTION 1. Chapter 1112 of the Mounds View Zoning Code has been amended with
additions underlined and deletions stricken:
CHAPTER 1112 B-1, NEIGHBORHOOD BUSINESS DISTRICT SECTION: 1112.01: Purpose 1112.02: Permitted Uses 1112.03: Accessory Uses 1112.04: Conditional Uses 1112.05: Interim Uses
1112.05: INTERIM USES: The following are interim uses in a B-1 District requiring
an Interim Use Permit. An interim use permit must be obtained in accordance with
procedures identical in form and substance to the conditional use permit procedures
found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim
Use Permits may be approved for a determined or undetermined period of time at the
sole discretion of the City Council.
Subd. 1. Temporary Tents and/or Membrane Structures, under the following
conditions:
a. The tent or membrane structure shall comply with all provisions of the Fire
Code and receive an annual fire permit issued by the Fire Marshal.
b. The property owner shall annually apply for a Zoning Permit, the duration of
which cannot exceed 180 days.
c. Adequate parking to accommodate the occupancy shall be provided at a
ratio of one parking space per 40 square feet of tent area. (The City Council
may waive the parking requirement if it can be shown that the site has sufficient
existing parking capacity.)
d. The structure may not be located in or on a parking lot displacing parking
stalls, unless it can be shown that an adequate amount of parking remains.
e. The tent or membrane structure shall be subject to same building setbacks
as the principal building on the lot. No tent or membrane structure shall be
allowed instead of or without a principal building.
f. The tent or membrane structure shall be limited in size to 5,000 square feet
or 10 percent of the principal buildings’ square footage, whichever is less.
g. The membrane or cover shall be constructed of a durable reinforced material
to withstand wind and snowloads.
h. The structure shall be anchored to the ground.
i. The tent or membrane structure shall be maintained in a good condition.
Deficiencies shall be corrected as soon as practicable.
j. The IUP can be reviewed at any time by the City if problems arise which
would necessitate revision or termination of the IUP.
k. The IUP would become null and void if the property owner fails to comply
with the provisions of the permit or if the structure is removed for more than a
one-year period, or if the property undergoes a change of ownership.
l. Exceptions:
(1) Tents or Membrane structures erected for periods that do not exceed
one week shall not require an interim use permit, however a zoning
permit and fire permit are required regardless of the time frame.
(2) To eliminate duplication of review, when a use (e.g., outdoor sales or
storage) would otherwise require a conditional use permit, an interim use
permit shall not be required if a tent or membrane structure is involved
and is addressed as part of the CUP.
SECTION 2. Chapter 1113 of the Mounds View Zoning Code has been amended with
additions underlined and deletions stricken:
CHAPTER 1113 B-2, LIMITED BUSINESS DISTRICT SECTION: 1113.01: Purpose 1113.02: Permitted Uses 1113.03: Accessory Uses 1113.04: Conditional Uses 1113.05: Interim Uses
1113.05: INTERIM USES: The following are interim uses in a B-2 District requiring
an Interim Use Permit. An interim use permit must be obtained in accordance with
procedures identical in form and substance to the conditional use permit procedures
found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim
Use Permits may be approved for a determined or undetermined period of time at the
sole discretion of the City Council.
Subd. 1. All permitted interim uses as allowed in a B-1 District.
SECTION 3. Chapter 1114 of the Mounds View Zoning Code has been amended with
additions underlined and deletions stricken:
CHAPTER 1114 B-3, HIGHWAY BUSINESS DISTRICT
SECTION:
1114.01: Purpose
1114.02: Permitted Uses
1114.03: Accessory Uses
1114.04: Conditional Uses 1114.05: Interim Uses
1114.05: INTERIM USES: The following are interim uses in a B-3 District requiring
an Interim Use Permit. An interim use permit must be obtained in accordance with
procedures identical in form and substance to the conditional use permit procedures
found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim
Use Permits may be approved for a determined or undetermined period of time at the
sole discretion of the City Council.
Subd. 1. All permitted interim uses as allowed in a B-2 District.
SECTION 4. Chapter 1115 of the Mounds View Zoning Code has been amended with
additions underlined and deletions stricken:
CHAPTER 1115 B-4, REGIONAL BUSINESS DISTRICT
SECTION:
1115.01: Purpose
1115.02: Permitted Uses
1115.03: Accessory Uses
1115.04: Conditional Uses 1115.05: Interim Uses
1115.05: INTERIM USES: The following are interim uses in a B-4 District requiring
an Interim Use Permit. An interim use permit must be obtained in accordance with
procedures identical in form and substance to the conditional use permit procedures
found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim
Use Permits may be approved for a determined or undetermined period of time at the
sole discretion of the City Council.
Subd. 1. All permitted interim uses as allowed in a B-3 District.
SECTION 5. Chapter 1114 of the Mounds View Zoning Code has been amended with
additions underlined and deletions stricken:
CHAPTER 1116 I-1, INDUSTRIAL DISTRICT
SECTION:
1116.01: Purpose
1116.02: Permitted Uses
1116.03: Accessory Uses
1116.04: Conditional Uses
1116.05: Compliance with Other Provisions 1116.06: Interim Uses
1116.06: INTERIM USES: The following are interim uses in an I-1 District requiring
an Interim Use Permit. An interim use permit must be obtained in accordance with
procedures identical in form and substance to the conditional use permit procedures
found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim
Use Permits may be approved for a determined or undetermined period of time at the
sole discretion of the City Council.
Subd. 1. All permitted interim uses as allowed in a B-4 District.
SECTION 6. This ordinance shall take effect thirty (30) days after the date of its
publication in the official City newspaper.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View on
this 26th day of April, 2004.
PUBLIC HEARING, SECOND READING and ADOPTION by the City Council of the City of
Mounds View this 10th day of May, 2004.
Jerry Linke, Mayor
ATTEST:
__________________________
Kurt Ulrich, City Clerk / Administrator
(SEAL)
Approved as to form:
______________________
Mounds View City Attorney
Item No: 9C
Meeting Date: April 26, 2004
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: Review Proposed PUD Amendment Regarding “Building N”
in Mounds View Business Park Located at
5145 – 5151 Program Avenue
Background:
Bethlehem Baptist Church is requesting an amendment to the “Building N” Planned Unit
Development (PUD) to add religious institution as a permitted use. Bethlehem Baptist
Church (BBC) has a signed purchase agreement with Michael Investments, the current
owner of “Building N”. The site is nearly seven acres and the existing building is 69,167
square feet. The site is within a larger PUD designated for office/flex use, with possible uses
being office, laboratory, production, high tech assembly and storage.
The City Council held a public hearing and reviewed this request at the April 12th meeting,
directing staff to prepare a resolution of approval and to continue working with the church to
better clarify its proposed contributions to the community of Mounds View. Staff met with
church representatives on April 15th in an effort to address the Council’s desire for more
information and on April 21st, we received amended documents from BBC as to their
proposed plans. These documents are attached to this report for Council review and
consideration, along with the original resolution and a new resolution that would approve the
PUD amendment.
Discussion:
A number of issues were discussed at the April 12th meeting relating to this request that were
addressed in Staff’s original report to Council, much of which is summarized in this report to
the Council. Certain points such as zoning are highlighted in response to specific questions
or comments from the April 12th meeting.
Zoning. Religious institutions are not presently allowed on the property known as Building
N, or anywhere else in this Planned Unit Development. The City Council’s intention when it
created the district was to foster growth of office and industrial uses. While the City Council
certainly has the discretion to amend the allowed uses on this site, it is under no obligation to
do so. While it may be true that the church would cause little if any adverse impact upon this
area and it may also be true that the conditions identified for churches in residential districts
are satisfied here, these factors do not obligate an amendment. With any zoning case
brought forward for consideration, the burden rests with the applicant to show compelling
reason and justification to warrant the change. If the Council feels BBC has met this
standard, the amendment can be approved. If the Council feels the zoning and permitted
uses should remain unaltered, the amendment should be denied.
PUD Amendment Report
Building N
April 26, 2004
Page 2
Comprehensive Plan. In addition to the significant discussion surrounding the “zoning” of the
Building N property, there remains the issue of the Comprehensive Plan. Comprehensive
Plans are guiding documents that provide the framework for land use and development in a
city. The land use designation for the Building N site is “Light Industrial” which is defined as
follows:
“Land used primarily in the manufacture, processing, fabrication, assembly,
packaging, incidental storage, sales, and distribution of predominantly previously
prepared materials, finished products or parts. Light industrial uses would
typically have all processing within buildings, require limited exterior storage,
generate limited amounts of truck traffic, and be free of hazardous or
objectionable elements such as noise, odor, dust, smoke, glare or other
pollutants. Examples include greenhouses, food and drink processing plants and
storage, light manufacturing and assembly, small machine and tool and die
shops, flex industrial centers, mini-warehouses, and research and development
facilities.”
Churches, along with educational uses, governmental activities, hospitals and others, are
included with the “Institutional” designation.
Service Fund. BBC has approved an annual $25,000 Mounds View Service Project Fund as
a means to formalize its commitment to the Mounds View community. The fund would be
used to support projects or activities consistent with BBC’s mission and values. BBC
proposes a joint committee to oversee the fund consisting of an equal number of city and
church representatives. This committee would determine what projects or activities would be
funded, and in the event that a consensus could not be reached, BBC indicates that a
default project or activity could be identified for funding. BBC has been in contact with the
YMCA, the school district and other service organizations in the community and is preparing
a list of “needs” that others have identified, however because the church does not yet have a
full understanding of these needs, they propose that the City simply identify items noted in
the Park Needs Analysis report for funding. BBC also proposes to increase their contribution
to this fund by 2% each year such that in ten years the annual balance would grow to
$30,000. It should be noted that the church reserves the right to make contributory
adjustments to this fund if community or church circumstances change significantly. This
means the fund could be increased or decreased at their discretion.
Economic Development Donation. As discussed at the April 12th meeting, BBC remains
committed to providing the City with a $5,000 “gift” in recognition of the administrative fees
that would be lost if the church bought the building. It would be the church’s desire to have
those dollars expended to support economic development activity in the City, and to that
end, staff suggested that the dollars be placed in the EDA fund. Similar to the Service
Project Fund, BBC would increase this amount by 2% each year. While it is our
understanding that the Service Project Fund would be maintained in perpetuity, the
Economic Development contribution would terminate in the year 2014.
PUD Amendment Report
Building N
April 26, 2004
Page 3
Revenue Implications. Without question, the financial impact to the City would be substantial
if the amendment were to be approved, however the lost tax revenues alone should not be
the determining factor in the Council’s decision. To help address the revenue issue, BBC
has generously offered to create the Service Project Fund and provide the City with the
$5,000 Economic Development donation. Because this issue has generated so much
discussion, it may be beneficial to summarize the tax consequences of the amendment.
Currently the City receives $30,391 in tax revenue from the Building N property. If the City
“decertified” this parcel so that it would no longer be within the TIF district, the City’s portion
of the taxes paid would decrease to about $26,000. If BBC’s request for the PUD
amendment is approved, the tax revenues would drop to zero, as religious institutions are
tax-exempt.
Recommendation:
As directed by the Council’s motion on April 12, 2004, a second version of Resolution 6227 has
been drafted which, if adopted, approves the PUD amendment requested by Bethlehem Baptist
Church. As was also directed, staff met with BBC representatives and revised documents have
been prepared in response. The options then are as follows:
Option 1. Approve the PUD amendment request. Resolution 6227 (Version A) is attached if
Council chooses this action.
Option 2. Deny the PUD amendment request. Resolution 6227 (Version B) is attached and
remains unchanged from what was presented at the April 12th meeting. As the Council is aware,
the City is under no obligation to amend the PUD and denial can be based solely on the fact that
the proposed use is inconsistent with the planned office/industrial build out for this area.
Option 3. Table action on this request if additional information is needed
Respectfully submitted,
Jim Ericson
Community Development Director
Attachments:
1. Zoning Map
2. “Building N” Site Plan
3. BBC Memo, dated April 20, 2004
4. Resolution of the BBC Council of Elders (with attachments)
5. Resolution 6227 (both versions)
Zoning Map
Building
N
RESOLUTION NO. 6227
(Version A)
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN AMENDMENT TO THE MOUNDS VIEW BUSINESS
PARK EAST PUD TO ADD “RELIGIOUS INSTITUTION” AS AN ALLOWED USE ON
LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK EAST 2ND ADDITION;
MOUNDS VIEW PLANNING CASE PA2004-001
WHEREAS, Bethlehem Baptist Church has applied for a planned unit development (PUD)
amendment to add “religious institution” as a permitted use on land located west and north of
Program Avenue, south of Woodale Drive and east of Highway 10; and,
WHEREAS, the subject parcel is legally described as follows:
Lot 1, Block 1, Mounds View Business Park 2nd Addition
Ramsey County, State of Minnesota
WHEREAS, the Mounds View City Council approved the Mounds View Business Park East
Planned Unit Development (PUD) on October 24, 1994; and,
WHEREAS, the lot located at 5145 Program Avenue was approved by the Council for a
office/industrial/flex use; and,
WHEREAS, the City Council has reviewed this request and has examined the potential
adverse effects that could result from such an amendment; and,
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
1. Zoning Map
2. Planning Application
3. Site Plan and Proposed BBC Buildout
4. BBC Memo and Resolution adopted by Church of Elders
5. Planning Commission Resolution 753-04
6. Staff Report
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council hereby makes
the following finding of fact related to the requested planned unit development amendment:
Resolution 6227(a)
Page 2
1. Religious institutions offer and provide many tangible and intangible services to
communities.
2. The proposed use would satisfy all zoning and parking requirements if the
requirements were the same or similar to what is required in a residential district.
3. The proposed use would not appear to cause any adverse impacts to surrounding uses
or the neighborhood.
4. The Planning Commission has recommended approval of the PUD amendment.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City
Council, based upon the above findings of fact, public testimony its review of the documentation
presented, does hereby approve the requested planned unit development amendment for Building
N in Mounds View Business Park.
Adopted this 26th day of April, 2004
_________________________________________
Jerry Linke, Mayor
Attest:
_________________________________________
Kurt Ulrich, City Clerk/Administrator
(Seal)
RESOLUTION NO. 6227
(Version B)
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING AN AMENDMENT TO THE MOUNDS VIEW BUSINESS
PARK EAST PUD TO ADD “RELIGIOUS INSTITUTION” AS AN ALLOWED USE ON
LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK EAST 2ND ADDITION;
MOUNDS VIEW PLANNING CASE PA2004-001
WHEREAS, Bethlehem Baptist Church has applied for a planned unit development
amendment to add “religious institution” as a permitted use on land located west and north of
Program Avenue, south of Woodale Drive and east of Highway 10; and,
WHEREAS, the subject parcel is zoned PUD and is legally described as follows:
Lot 1, Block 1, Mounds View Business Park 2nd Addition
Ramsey County, State of Minnesota
WHEREAS, the Mounds View City Council approved the Mounds View Business Park East
Planned Unit Development (PUD) on October 24, 1994; and,
WHEREAS, the lot located at 5145 Program Avenue was approved by the Council for a
office/industrial/flex use; and,
WHEREAS, the Comprehensive Plan guides the site for Light Industrial use,
WHEREAS, the City Council has reviewed this request and has examined the potential
adverse effects that could result from such an amendment; and,
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
1. Zoning Map
2. Planning Application
3. Site Plan and Proposed BBC Buildout
4. BBC Memo and Resolution adopted by Church of Elders
5. Planning Commission Resolution 753-04
6. Staff Report
Resolution 6227(b)
Page 2
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council hereby makes
the following finding of fact related to the requested planned unit development amendment:
1. The lot in question, 5145 Program Avenue, is zoned Planned Unit Development
(PUD) and the allowed use for the site is office/flex.
2. The proposed use (religious institution) would be in conflict with the Comprehensive
Plan, which designates the site as “Light Industrial”.
3. The property is bordered by industrial/office uses. The proposed use is inconsistent
with surrounding uses.
4. The City Council created the PUD in 1994 to foster the growth and development of
industrial and office uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council,
based upon the above findings of fact, public testimony and its review of the documentation
presented, does hereby deny the proposed planned unit development amendment for Building N in
Mounds View Business Park.
Adopted this 26th day of April, 2004
_________________________________________
Jerry Linke, Mayor
Attest:
_________________________________________
Kurt Ulrich, City Clerk/Administrator
(Seal)
Page 1
Item No: 9D
Meeting Date: April 26, 2004
Type of Business: Business
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and Mounds View City Council
From: James Ericson, Community Development Director
Item Title/Subject: Second Reading and Adoption of Ordinance 734, an
Ordinance Amending Chapter 513 of the Mounds View
Municipal Code Pertaining to Adult Uses
Introduction:
As the Council will recall, the City Attorney was directed to review Mounds View’s adult use
ordinance after staff identified a discrepancy in the Code relating to adult use setbacks. The
Council adopted Ordinance 730 on January 26, 2004 to allow time to accomplish this review.
Kennedy & Graven’s review is complete and is attached for the Council’s consideration.
Discussion:
Kennedy & Graven has reviewed Chapter 513 of the City Code and recommend adoption of
an ordinance to implement minor changes. The Council reviewed these changes at
meetings on April 5 and April 12, and at the April 12th meeting, the Council made one
additional change with regard to the annual license fee. Originally established at $500, the
attorneys recommended the City Council consider increasing that fee and the Council
determined $5,000 was justified.
In addition to the fee change, staff has drafted a summary of the ordinance which now
appears as the first page, to be published as a substitute to the whole ordinance, consistent
with the Mounds View City Charter. No other changes have been made since the April 12th
first reading.
Recommendation:
Hold the second reading and adopt Ordinance 734, an ordinance amending Chapter 513 of
the Mounds View Municipal Code relating to adult uses.
_____________________________________
James Ericson
Community Development Director
City of Mounds View
Attachments:
1. Ordinance 734
Page 2
ORDINANCE 734
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 513 OF TITLE 500, BUSINESS,
SPECIFICALLY RELATING TO ADULT ESTABLISHMENTS
The Council of the City of Mounds View does hereby ordain:
SECTION 1: This section shall represent a summary of Ordinance 734, adopted by the
Mounds View City Council on April 26, 2004, and shall be published along with the ordinance
title in lieu of the whole ordinance, as permitted by Mounds View City Charter Section 3.07:
SUMMARY
Ordinance 734 adopts amendments to Chapter 513 of the Mounds View City Code
relating to adult uses, the nature of such changes considered to be minor and
inconsequential to the overall intent and purpose of the City’s adult use regulations. The
changes can be summarized as follows:
• Additional findings relating to the effects of adult businesses have been included;
• A "Purpose" section was added to bolster the argument that the ordinance is
content-neutral, not content-based;
• Definition section clarified with regard to minors;
• Districts in which adult establishments are permitted have been identified but not
changed;
• Parks identified as a an additional location such a business needs to be set back
from;
• Requirement that dancers provide the name, home address, telephone number, etc.
eliminated;
• Information required only from directors and officers of corporate applicants rather
than persons holding more than 5% of the stock of the company;
• License fee increased to more adequately reflect the cost related to processing of
Adult use applications and the ongoing work associated with such businesses.
Ordinance 734 in its entirety is available for public viewing at Mounds View City Hall and on
the City’s website at http://www.ci.mounds-view.mn.us/ords/734.pdf.
Page 3
SECTION 2. Chapter 513 of the Mounds View City Code pertaining to “Adult
Establishments” is hereby amended with the proposed additions underlined and deletions
stricken:
513.01 Subd. 1. FINDINGS AND PURPOSE: Studies conducted by the Minnesota
attorney general, the American Planning Association and cities such as St. Paul;
Indianapolis; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los
Angeles, California; Seattle, Washington; St. Croix County, Wisconsin; have studied the
impacts that adult establishments have in those communities. These studies have
concluded that adult establishments have adverse impact on the surrounding
neighborhoods. Those impacts include increased crime rates, lower property values,
increased transiency, neighborhood blight and potential health risks. Based on these
studies and findings, the city council concludes:
a. Adult establishments have adverse secondary impacts of the types set forth
above.
b. The adverse impacts caused by adult establishments tend to diminish if adult
establishments are governed by locational requirements, licensing requirements and
health requirements.
c. It is not the intent of the city council to prohibit adult establishments from having
a reasonable opportunity to locate in the city.
d. Minnesota Statutes, Section 462.357, allows the city to adopt regulations to
promote the public health, safety, morals and general welfare.
e. The public health, safety, morals and general welfare will be promoted by the city
adopting regulations governing adult establishments.
f. Adult establishments can contribute to an increase in criminal activity in the area
in which such businesses are located, taxing city crime-prevention programs and
law enforcement services.
g. Adult establishments can be used as fronts for prostitution and other criminal
activity. The experience of other cities indicates that the proper management and
operation of such businesses can, however, minimize this risk, provided the owners
and operators of such facilities are regulated by licensing or other procedures.
h. Adult establishments can increase the risk of exposure to communicable
diseases including but not limited to Acquired Immune Deficiency Syndrome (AIDS)
for which currently there is no cure. Experiences of other cities indicate that such
businesses can facilitate the spread of communicable diseases by virtue of the
design and use of the premises, thereby endangering not only the patrons of such
establishments but also the general public.
i. Adult establishments can cause or contribute to public health problems by the
presence of live adult entertainment in conjunction with food and/or drink on the
same premises.
Page 4
j. The risk of criminal activity and/or public health problems can be minimized
through a licensing and regulatory scheme as prescribed herein.
Subd. 2. PURPOSE: It is the purpose of this Ordinance to regulate Adult
Establishments to promote the health, safety, morals, and general welfare of the citizens of
the City and to establish reasonable and uniform regulations to:
a. Prevent additional criminal activity within the City;
b. Prevent deterioration of neighborhoods and its consequent adverse effect on
real estate values of properties within the neighborhood;
c. Locate adult establishments away from residential areas, schools, churches,
libraries, parks and playgrounds; and
d. Prevent concentration of Adult Establishments within certain areas of the City.
Subd. 3. CONTENT-NEUTRAL REGULATION: The provisions of this
Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including adult oriented materials. Similarly, it is
neither the intent nor effect of this Ordinance to restrict or deny access by adults to adult-
oriented materials protected by the First Amendment or to deny access by distributors and
exhibitors of adult-oriented entertainment to their intended market.
513.02 DEFINITIONS:
Subd. 1. The following terms have the meanings given them below.
Subd. 2. Adult Establishment. A business engaged in any of the following activities or
which utilizes any of the following business procedures or practices:
a. A business that is conducted exclusively for the patronage of adults and as to
which minors are specifically excluded from patronage, either by operation of law or
by the owners of such business, except any business licensed under Chapters 501,
502, 503, and 514 of the Mounds View City Code;
b. a. Any business that has (1) at least 30% of its inventory, stock and trade or
publicly displayed merchandise, or (2) at least 30% of the floor area of the business
(not including storerooms, stock areas, bathrooms, basements or any portion of the
business not open to the public) devoted to items, merchandise or other materials
distinguished or characterized by an emphasis on material depicting, exposing,
describing, discussing or relating to specified sexual activities or specified
anatomical areas; or
c. b. Any adult use as defined in subdivision 3 of this section.
Page 5
Subd. 3. Adult Use. An adult use is any of the activities and businesses described below:
a. Adult Body Painting Studio: An establishment or business that which provides the
service of applying paint or other substance, whether transparent or non-
transparent, to the body of a patron when such person is nude.
b. Adult Bookstore: An establishment or business used for the barter, rental or sale
of items consisting of printed matter, pictures, slides, records, audio tape,
videotape, or motion picture film if such business is not open to the public generally
but only to one or more classes of the public, excluding any minor by reason of age,
or if (1) at least 30% of the inventory, stock and trade or publicly displayed
merchandise or (2) at least 30% of the floor area of the business (not including
storerooms, stock areas, bathrooms, basements or any portion of the business not
open to the public) is devoted to items, merchandise or other material distinguished
or characterized by an emphasis on the depiction or description of "specified sexual
activities" or " specified anatomical areas."
c. Adult Cabaret: A business or establishment that provides dancing or other live
entertainment to patrons if the dancing and live entertainment is distinguished or
characterized by an emphasis on the presentation, display, depiction of matter that
seeks to evoke, arouse or excite the patrons' sexual or erotic feelings or desire.
d. Adult Companionship Establishment: A business or establishment that excludes
minors by reason of age, and which provides the service of engaging in or listening
to conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas."
e. Adult Conversation/Rap Parlor: A business or establishment that excludes minors
by reason of age, and which provides the services of engaging in or listening to
conversation, talk, or discussion, if such service is distinguished or characterized by
an emphasis on "specified sexual activities" or "specified anatomical areas."
f. Adult Health/Sport Club: A health/sport club that which excludes minors by reason
of age, if such club is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
g. Adult Hotel or Motel: A hotel or motel from which minors are specifically excluded
from patronage and where that presents material is presented which is
distinguished or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas."
h. Adult Massage Parlor, Health Club: A massage parlor or health club which
restricts minors by reason of age, and which that provides the services of massage,
if such service is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
i. Adult Mini-Motion Picture Theater: A business or establishment with a capacity for
less than 50 persons used for presenting material if such material is distinguished or
characterized by an emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
Page 6
j. Adult Modeling Studio: A business or establishment that provides customers figure
models who are so provided with the intent of providing sexual stimulation or sexual
gratification to such customers and who engage in "specified sexual activities" or
display "specified anatomical areas" while being observed, painted, painted upon,
sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.
k. Adult Motion Picture Arcade: Any place to which the public is permitted or invited
where coin or slug-operated or electronically, electrically or mechanically controlled
or operated still or motion picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized by
an emphasis on depicting or describing "specified sexual activities" or "specified
anatomical areas."
1. Adult Motion Picture Theater: A motion picture theater with a capacity of 50 or
more persons used for presenting material if such theater that as a prevailing
practice excludes minors by reason of age or if such presents material is
distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
m. Adult Novelty Business: A business which that has (1) at least 30% of its
inventory, stock and trade or publicly displayed merchandise, or (2) at least 30% of
the floor area of the business (not including, storerooms, stock areas, bathrooms,
basement or any portion of the business not open to the public) devoted to items,
merchandise or other material or devices which stimulate human genitals or devices
which are designed for sexual stimulation.
n. Adult Sauna: A sauna that which excludes minors by reason of age, and which
provides a steam bath or heat bathing room used for the purpose of bathing,
relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing
agent, if the service provided by the sauna is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
o. Adult Steam Room/Bathhouse Facility: A building or portion of a building used for
providing a steam bath or heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent if such building or portion of a building restricts minors by reason of
age and if the service provided by the steam room/bathhouse facility is
distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
Subd. 4. Nude or Specified Anatomical Areas:
a. Less than completely and opaquely covered human genitals, pubic region,
buttock, anus, or female breast(s) below a point immediately above the top of the
areola; and
b. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
Page 7
Subd. 5. Specified Sexual Activities.
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually-oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
b. Clearly depicted human genitals in the state of sexual stimulation, arousal or
tumescence; or
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
d. Fondling or touching of nude human genitals, pubic region, buttocks, or female
breast(s); or
e. Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes, and who are engaged in activities
involving the flagellation, torture, fettering, binding or other physical restraint of any
such persons; or
f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal
by a human being; or
g. Human excretion, urination, menstruation, vaginal or anal irrigation.
513.03 LOCATION:
Subd. 1. Permitted Use. Adult establishments are permitted uses in the B-2 Limited
Business District, the B-3 Highway Business District, the B-4 Regional Business District,
the I-1 Industrial District, and the Planned Unit Development District.
Subd. 2. Restrictions on Location. No adult establishment may be located within
500 feet of a residential zoning district, public facilities zoning district, a school, a church, a
library, a park, or a commercial day care center or within 500 feet of another adult
establishment. Distances shall be measured from the nearest point of the building where
the adult establishment is located to the nearest boundary of the residential zoning district
or of the property containing a park, school, church, library, commercial day care center or
other adult establishment.
513.04 HOURS OF OPERATION: No adult establishment may be open to
the public between the hours of 1:00 a.m. and 10:00 a.m.
Page 8
513.05 ADDITIONAL CONDITIONS FOR ADULT CABARETS: The following
additional conditions apply to adult cabarets:
a. No owner, operator or manager of an adult cabaret shall permit or allow any
dancer or other live entertainer to perform nude.
b. No dancer, live entertainer, performer, patron or any other person shall be nude
in an adult cabaret.
c. The owner, operator or manager of an adult cabaret shall provide the following
information to the city concerning any persons who dance or perform live
entertainment at the adult cabaret: The person's name, home address, home
telephone number, date of birth and any aliases.
d. c. No dancer, live entertainer or performer shall be under 18 years old.
e. d. All dancing or live entertainment shall occur on a platform intended for that
purpose and which is raised at least two feet from the level of the floor.
f. e. No dancer or performer shall perform any dance or live entertainment closer
than six (6) 10 feet to any patron.
g. f. No dancer or performer shall fondle or caress any patron and no patron shall
fondle or caress any dancer or performer.
h. g. No patron shall pay or give any gratuity to any dancer or performer.
i. h. No dancer or performer shall solicit any pay or gratuity from any patron.
513.06 LICENSE REQUIRED.
Subd. 1. No person shall own or operate an adult establishment without having first
secured a license as provided for in this subsection.
Subd. 2. Application: The application for an adult establishment license shall be submitted
on a form provided by the City and shall include:
a. If the applicant is an individual, the name, residence, phone number, and
birthdate of the applicant. If the applicant is a partnership, the name, residence,
phone number, and birthdate of each general and limited partner. If the applicant is
a corporation, the names, residences, phone numbers, and birthdates of all officers
and directors those persons holding more than five (5) percent of the issued and
outstanding stock of the corporation.
b. The name, address, phone number, and birthdate of the operator and manager
of such operation, if different from the owners.
c. The address and legal description of the premises where the adult establishment
is to be located.
Page 9
d. A statement detailing any gross misdemeanor or felony convictions relating to sex
offenses, obscenity or the operation of an adult establishment or adult business by
the applicant, operator or manager and whether or not the applicant, operator or
manager has ever applied for or held a license to operate a similar type of business
in other communities. In the case of a corporation, a statement detailing any felony
convictions by the owners of more than five (5) percent of the issued and
outstanding stock of the officers and directors of the corporation, and whether or not
those owners officers or directors have ever applied for or held a license to operate
a similar type of business in other communities.
e. The activities and types of business to be conducted.
f. The hours of operation.
g. The provisions made to restrict access by minors.
h. A building plan of the premises detailing all internal operations and activities.
Subd. 3. License Fee:
a. The annual license fee is $500.00 $2,500.
b. Each application for a license shall be submitted to the Clerk-Administrator and
payment made to the City. Each application for a license shall be accompanied by
payment in full of the required license fee. Upon rejection of any application for a
license, the City shall refund the license fee.
c. All licenses shall expire on the last day of June in each year. Each license shall
be issued for a period of one (1) year, except that if a portion of the license year has
elapsed when the application is made, a license may be issued for the remainder of
the year for a pro rated fee. In computing such fee, any unexpired fraction of a
month shall be counted as one (1) month.
d. No part of the fee paid by any license shall be refunded, except that a pro rata
portion of the fee shall be refunded in the following instances upon application to the
Clerk-Administrator within 30 days from the happening of the event, provided that
such event occurs more than 30 days before the expiration of the license:
(1) Destruction or damage of the licensed premises by fire or other
catastrophe.
(2) The licensee's illness.
(3) The licensee's death.
(4) A change in the legal status making it unlawful for the licensed business
to continue.
Page 10
e. Each application shall contain a provision on the application in bold print
indicating that any withholding of information or the providing of false or misleading
information will be grounds for denial or revocation of a license. Any changes in the
information provided on the application or provided during the investigation shall be
brought to the attention of the City Council by the application or licensee. If said
changes take place during the investigation, said data shall be provided to the
Police Chief in writing and they shall report the changes to the City Council. Failure
to report said changes by the applicant(s) or the licensee may result in a denial or
revocation of a license.
Subd. 4. Investigative Fee: The investigative fee for an adult establishment license shall be
determined as follows:
a. Upon applying for the license, the applicant shall pay $500.00 per person
identified on the application as an owner, operator or manager.
b. If it appears that the investigative costs will exceed $500.00, the Clerk-
Administrator shall notify the applicant and give the applicant an estimate of costs.
The applicant shall either make an additional deposit equal to the difference
between $500.00 and the total estimate, or shall withdraw the application. If the
additional deposit is not paid within 14 days, the application shall be deemed
withdrawn.
c. If the costs of administration, issuance and investigation are less than the
deposit, the balance shall be refunded upon the issuance or denial of the license.
No license shall be issued until the applicant has paid the entire cost of
administration, issuance and investigation
Subd. 5. Granting of License:
a. The Police Chief or such other designated person shall complete the investigation
within 30 days after the Clerk-Administrator receives a complete application and all
license and investigative fees.
b. If the application is for a renewal, the applicant shall be allowed to continue
business until the Council has determined to renew or refuse to renew a license.
c. If, after such investigation, it appears that the applicant and the place proposed
for the business are eligible for a license under the criteria set forth in this
subsection, then the license shall be issued by the City Council within 30 days after
the investigation is completed. Otherwise the license shall be denied.
d. Each license shall be issued to the applicant only and shall not be transferable to
another holder. Each license shall be issued only for the premises described in the
application. No license may be transferred to another premise without the approval
of the City Council. If the licensee is a partnership or a corporation, a change in the
identity of any of the principals of the partnership or corporation shall be deemed a
transfer of the license. All adult establishments existing at the time of the adoption
of this subsection shall be required to obtain an annual license.
Page 11
Subd. 6. Persons Ineligible for License: No license shall be granted to or held by any
person:
a. Under twenty-one (21) years of age.
b. Who is overdue or whose spouse is overdue in payments to the City, county or
state of taxes, fees, fines or penalties assessed against them or imposed upon
them;
c. Who has been convicted or whose spouse has been convicted of a gross
misdemeanor or felony, if such conviction or of violating any law of this state or local
ordinance relates ing to sex offenses, obscenity offenses or adult establishments;
d. Who is not the proprietor of the establishment for which the license is to be
issued;
e. Who has been denied a license by the City or any other Minnesota municipal
corporation to operate an adult establishment, or such license has been suspended
or revoked within the preceding twelve (12) months;
e. Who is residing with a person who has been denied a license by the City or
any other Minnesota municipal corporation to operate an adult establishment, or
residing, with a person whose license to operate an adult establishment has
been suspended or revoked within the preceding twelve (12) months;
f. Who has not paid the license and investigative fees required by this
subsection.
Subd. 7. Places Ineligible for License: No license shall be granted to:
a. No license shall be granted for adult establishments on for any premises where
the applicant or any of its officers, agents or employees has been convicted of a
violation of this subsection, or where any license hereunder has been revoked for
cause, until one (1) year has elapsed after such conviction or revocation.
a. b. No license shall be granted for a Any adult establishment which is not in full
compliance with the City Code, the City's zoning ordinance, the Building Code, the
Fire Code, the City's Health Regulations and all provisions of state and federal law.
b. Any establishment that holds an intoxicating liquor, beer or wine license.
Subd. 8. Conditions of License:
a. Every license shall be granted subject to the following conditions and all other
provisions of this subsection, and of any applicable sections of the City Code,
the City's zoning ordinance, the Building Code, the Fire Code, the City's Health
Regulations and all provisions of state and federal law.
b. All licensed premises shall have the license posted in a conspicuous place at
all times.
Page 12
c. No minor shall be permitted on the licensed premises.
d. Any designated inspection officer of the City shall have the right to enter,
inspect, and search the premises of a licensee during business hours.
e. Every licensee shall be responsible for the conduct of licensee's place of
business and shall maintain conditions of order.
f. No adult goods or material services shall be offered, sold, transferred,
conveyed, given, displayed, or bartered to any minor.
g. No merchandise or pictures of the products or entertainment sold or conducted
on the premises may be displayed in the window areas or in any area where they
can be viewed from a sidewalk in front of the building.
h. The window areas may not be covered or made opaque in any way. No sign may
be placed in any window. A one square foot sign may be placed on the door of the
business to state the hours of operation and that admittance is to adults only.
Subd. 9. Penalty:
a. Any person violating any provision of this section Chapter is guilty of a
misdemeanor and upon conviction shall be punished not more than the maximum
penalty for a misdemeanor as prescribed by state law.
b. Any violation of this section Chapter shall be a basis for the suspension or
revocation of any license granted hereunder. In the event that the City Council
proposes to revoke or suspend the license, the licensee shall be notified in writing of
the basis for such proposed revocation or suspension. The Council shall hold a
hearing for the purpose of determining whether to revoke or suspend the license,
which hearing shall be within thirty (30) days of the date of the notice.
c. The City Council shall determine whether to suspend or revoke a license within
thirty (30) days after the close of the hearing or within sixty (60) days of the date of
the notice, whichever is sooner, and shall notify the licensee of its decision within
that period. The licensee may continue to operate until the City Council makes its
final decision whether to suspend or revoke the license.
Subd. 10. Right of Appeal:
a. In the event that the Council determines to suspend, or revoke a license, such
suspension or revocation shall not be effective until fifteen (15) days after
notification of the decision to the licensee. If, within that fifteen (15) days, the
licensee files and serves an action in state or federal court challenging the Council's
action, then the suspension or revocation shall be stayed until the conclusion of
such action.
b. If the City Council determines not to renew a license, the licensee may continue
its business for fifteen (15) days after receiving notice of such non-renewal. If the
licensee files and serves an action in state or federal court within that fifteen (15)
days for the purpose of determining whether the City acted properly, the licensee
may continue in business until the conclusion of the action.
Page 13
c. If the City Council decides not to grant a license to an applicant, then the
applicant may commence an action in state or federal court within fifteen (15) days
for the purpose of determining whether the City acted properly. The applicant shall
not commence doing business unless the action is concluded in its favor. (Ord. 574,
5-13-96)
SECTION 3. This ordinance shall take effect thirty (30) days after the date of its
publication in the official City newspaper.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View on
this 12th day of April, 2004.
SECOND READING and ADOPTION by the City Council of the City of Mounds View this
26th day of April, 2004.
Jerry Linke, Mayor
ATTEST:
__________________________
Kurt Ulrich, City Clerk / Administrator
Approved as to form:
______________________
Mounds View City Attorney
(SEAL)
Item No. 9E
Meeting Date: April 26, 2004
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: 2003 Street Improvement Project
Resolution No. 6232
Set Assessment Hearing Date of May 24, 2004
Authorize the Advertisement for the Hearing
Declare Cost to be Assessed
Order Preparation of Proposed Assessment
Background
On October 13, 2003, the City Council approved Resolution No. 6109 authorizing the
preparation of plans and specifications for this project.
On January 26, 2004, City Council adopted Resolution No. 6166 approving the
feasibility report and setting a Public Improvement Hearing date of February 23, 2004
for the 2003 Street Improvement Project – Phase I.
On February 23, 2004, City Council adopted Resolution No. 6185 holding a Public
Improvement Hearing and Ordering the 2003 Street Improvement Project.
On March 22, 2004, City Council approved the plans and specifications, authorized to
advertise for bids, established a Bid Date of April 22, 2004, approved and authorized
the execution of a Joint Powers Agreement with the City of Spring Lake Park, and
authorized the acquisition of easements (if necessary) for the 2003 Street Improvement
Project.
Discussion
Bidding Issues
Bids for this project were received on April 22, 2004. The apparent low bid was in the
amount of $1,574,804.21 this compares to the engineer’s estimate of $1,726,000 (8.8%
decrease in price). The apparent low bid for Bid Alternate No. 1 (Groveland Sidewalk)
was $40,234.05 and apparent low bid for Bid Alternate No. 2 (Lakeside Parking Lot)
was $99,965.25. Both are both below the engineer’s estimate of $41,900 and $104,750
respectively. A full bid summary will be submitted on May 24, 2004.
Sidewalk on Groveland Road
This item was included as Bids Alternate No 1. On May 24, 2004 the City Council will
need to decide whether to include it with the project. The assessments notices will
reflect the inclusion of this bid alternate (Council can reduce assessment amounts, but
can never raise them).
Lakeside Lions Park – Parking Lot
The Lakeside Lions Park Parking Lot was included as Bid Alternate No. 2. The final
design was to construct it four feet wider than Option No. 4 and stripe it like Option No.
3. The Lion’s Fund will finance $15,000 of the parking lot upgrade. The remainder will
be split equally between the cities of Spring Lake Park and Mounds View.
On May 24, 2004 the City Council will need to decide whether to include it with the 2003
Street Improvement Project. If the parking lot is included, the Joint Powers Agreement
with the City of Spring Lake Park that was approved on March 22, 2004 for a portion of
Hillview Road from Pleasant View Drive to Spring Lake Road will need to be revised to
include the installation of this parking lot.
Silver Lake Woods Condominiums – Dedication of Private Streets
The private streets of the Silver Lake Woods Condominium Association were originally
included in the plans for the 2003 Street Improvement Project. However, an agreement
could not be reached with the Association by April 15, 2004. The Association wanted to
have the City assess each individual property owner as opposed to assessing the
Homeowners Association. This created several legal issues that need to be resolved.
As a result, the private streets were removed from this project. The City’s legal counsel
will continue to work with the Silver Lake Woods Homeowners Association to resolve
these issues. These private streets could potentially be included in the 2005 Street
Improvement Project.
Declaring Cost to be Assessed
As per State Statute Chapter 429.061, at any time after the expense have been or will
be incurred, the City shall calculate said expense under the direction of the City Council
when making an improvement. Furthermore, the City Council shall determine, by
resolution, the amount of the total expense the municipality will pay, not including the
amount it will pay as the owner of property in the project area, and the amount to be
assessed.
Ordering Preparation of Proposed Assessment
The City, with the assistance of the consulting engineer, is required to calculate the
proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and shall file a copy of such proposed assessment at City
Hall for public inspection. This action must be directed by the City Council.
Setting an Assessment Hearing Date – A May 24, 2004, 7:00 p.m. assessment
hearing date will provide ample time to prepare an assessment role, publish an
advertisement for the assessment hearing, and provide the required mailing to notify
property owners which might be affected, as per state statute.
Advertise for Bids – As per state statute, the City shall publish notification in the
newspaper at least once and shall mail notification to the owner of each parcel
described in the assessment role. The owners are defined as those shown to be such
on the records of the County Auditor. Such publication and mailing shall be sent no less
than two weeks prior to such a meeting of the City Council. Given this, Staff seeks
authorization to advertise for the assessment hearing.
What’s Next – The following is a tentative schedule for this project:
May 5, 2004 Send Assessment hearing notices
May 24, 2004 Hold assessment hearing / Award contract
June 3, 2004 Hold neighborhood pre-construction meeting
June 7, 2004 Start project
Recommendation:
It is recommended the City Council approve a resolution setting an assessment hearing
date of May 24, 2004, authorizing the advertisement for the assessment hearing,
declaring cost to be assessed, and ordering the preparation of the proposed
assessment for the 2003 Street Improvement Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6232
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
SETTING AN ASSESSMENT HEARING DATE OF MAY 24, 2004, AUTHORIZING
THE ADVERTISEMENT FOR THE ASSESSMENT HEARING, DECLARING COST TO
BE ASSESSED, AND ORDERING THE PREPARATION OF THE PROPOSED
ASSESSMENT FOR THE 2003 STREET IMPROVEMENT PROJECT
WHEREAS, On March 22, 2004, City Council approved the plans and
specifications, authorized to advertise for bids, established a Bid Date of April 22, 2004,
approved and authorized the execution of a Joint Powers Agreement with the City of
Spring Lake Park, and authorized the acquisition of easements (if necessary) for the
2003 Street Improvement Project; and
WHEREAS, bids for this project were received on April 22, 2004; and
WHEREAS, as per State Statute Chapter 429.061, at any time after the expense
have been or will be incurred, the City shall calculate said expense under the direction
of the City Council when making an improvement. Furthermore, the City Council shall
determine, by resolution, the amount of the total expense the municipality will pay, not
including the amount it will pay as the owner of property in the project area, and the
amount to be assessed, and
WHEREAS, the City, with the assistance of the consulting engineer, is required
to calculate the proper amount to be specially assessed for such improvement against
every assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and shall file a copy of such proposed assessment
at City Hall for public inspection.
WHEREAS, May 24, 2004, 7:00 p.m. assessment hearing date will provide
ample time to prepare an assessment role, publish an advertisement for the
assessment hearing, and provide the required mailing to notify property owners which
might be affected, as per state statute; and
WHEREAS, per state statute, the City shall publish notification in the newspaper
at least once and shall mail notification to the owner of each parcel described in the
assessment role. The owners are defined as those shown to be such on the records of
the County Auditor. Such publication and mailing shall be sent no less than two weeks
prior to such a meeting of the City Council; and
WHEREAS, a feasibility report has been completed and estimated costs have
been determined for the 2003 Street Improvement Project; and
WHEREAS, the estimated cost for such improvements based on the feasibility
report, excluding bid alternate No. 2 (Lakeside Parking Lot ), amounts to $2,431,600.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. That a date to hold the assessment hearing for the 2003 Street
Improvement Project is hereby established as May 24, 2004 at 7:00 p.m.
2. That Staff is hereby directed to cause to be published at least once in the
New Brighton Bulletin, notification of said hearing. Such publication shall
be published no less than two weeks prior to such a meeting of the City
Council, as required by law.
3. That Staff is hereby directed to mail notification to the owner of each
parcel described in the assessment role. The owners are defined as those
shown to be such on the records of the County Auditor. Such publication
and mailing shall be sent no less than two weeks prior to such a meeting
of the City Council, as required by law.
4. The estimated portion of the cost of such improvement to be paid by the
City based on the feasibility report is hereby declared to be $1,382,401.61
and the portion of the cost to be assessed against benefited property
owners is declared to be $614,048.39.
5. Assessments shall be payable in equal annual installments extending over
a period of ten (10) years, the first of the installments to be payable on or
before the first Monday in January, 2005, and shall bear interest at the
rate of 5.0 percent per annum from the date of the adoption of the
assessment resolution.
6. The City, with the assistance of the consulting engineer, shall forthwith
calculate the proper amount to be specially assessed for such
improvement against every assessable lot, piece or parcel of land within
the district affected, without regard to cash valuation, as provided by law,
and shall file a copy of such proposed assessment at City Hall for public
inspection.
Adopted this 26th day of April 2004.
______________________________
Jerry Linke, Mayor
ATTEST:
_______________________________
Kurt Ulrich
City Administrator
(SEAL)
Item No: 08D
Meeting Date: April 26, 2004
Type of Business: CA
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Administrative Assistant
Item Title/Subject: Approval of Step Increase(s) and Wage Increase(s) for City
Employees
Background:
David Parker is a current employee with the City of Mounds View. David Parker’s
supervisor reviewed his performance as it relates to his responsibilities outlined in the
job description.
Discussion:
It was determined that David Parker has more than satisfactorily performed in the
capacity of his positions, and therefore a wage adjustment is consistent with the City’s
Personnel Policy.
Respectfully Submitted,
Desaree Crane
Administrative Assistant
RESOLUTION 6231
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING STEP ADJUSTMENTS
WHEREAS, the following below are regular full-time employee(s) who are
currently working for the City of Mounds View; and
WHEREAS, his/her supervisor(s) reviewed his/her performance as it relates to
the responsibilities outlined in the job description; and
WHEREAS, his/her supervisor(s) determined that the following employee(s)
below have more than satisfactorily performed in the capacity of his/her position(s)
documented in his/her performance review(s) on file; and
WHEREAS, a wage adjustment is consistent with the City’s personnel policy.
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
David Parker Golf Course
Equipment Mgr
4/13/02 (Date of Hire)
5/20/02 (Date Appt Current
Position)
Step 3
($18.72 per hr)
Step 4
(19.76 per hr)
May 20, 2004
Adopted this 10th day of May, 2004.
__________________________________
Jerry Linke, Mayor
ATTEST:
__________________________________
Kurt Ulrich, City Administrator
(seal)
Item No. 9G
Meeting Date: April 26, 2004
Type of Business: Council Business
Administrator Review: _____ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution 6230 Amending the 2003 Budget for the
General Fund and Police Special Revenue Funds
Several events happened during 2003, which received City Council approval, but
the action at the time overlooked the need to amend the budget. This resolution
corrects those omissions.
Elections:
In 2001, the City entered into an agreement with Ramsey County under which the
County purchased new election equipment and supplied it to the City. The City
was to make installment payments over the years 2002 through 2006. Last fall,
staff suggested that the City pay off the remaining installments in order to ease
budget considerations in 2004 through 2006 while using up a surplus in 2003.
By consensus, the City Council approved this and the payment of $21,914.27 was
made to Ramsey County. The attached resolution increases the Elections budget
by $5,000 to balance the department budget. Other department accounts were
under spent so that the full amount isn’t needed. The appropriation for the
General Fund contingency account is reduced by $5,000 to leave the total budget
unchanged.
Fire Department:
In October 2002, the City Council passed Resolution 5880 approving the purchase
of a mini-pumper by the Spring Lake Park – Blaine – Mounds View Fire
Department. The City of Blaine financed the purchase with the agreement that the
City of Mounds View wouldn’t need to make payments before 2004.
Blaine sold certificates of indebtedness during 2003 for various pieces of
equipment, including the pumper. Setting up the liability for Mounds View’s share
of the certificates requires a transaction to record expenditure for the purchase
and revenue for the sale of the certificates.
The attached resolution increases the Fire budget by $11,281 to balance the
department budget and increases budgeted revenues for bond proceeds by the
same amount.
Transfers to other funds:
On April 12, 2004, the City Council passed Resolution 6215 approving transfers
between funds for the year 2003. This provided transfers from the General Fund
to various other funds totaling $1,638,745 compared to the original $175,000 in the
adopted 2003 budget.
The attached resolution increases the appropriation for General Fund transfers to
other funds by $1,463,745 to bring the budget into line with Resolution 6215.
There is no offsetting increase in budgeted revenues since this action was
intended to reduce the year-end balance of the General Fund.
Police Grants Special Revenue Fund:
The Juvenile Accountability Incentive Block Grant is recorded in this fund.
However, it was discovered that in 2002, the wages and benefits for time that
Police Officers devoted to this program was incorrectly recorded in the Police
Department in the General Fund.
This was corrected by recording wage expense in the Grant fund in 2003 with an
offsetting credit in the Police Department in the General Fund. That overspent the
appropriation in the Grant Fund. The attached resolution raises the personal
services appropriation by $4,000.
On February 10, 2003, the City Council passed Resolution 5948 approving the
purchase of computers and voice recognition software with LLEBG funds. This
expenditure of $8,000 exceeded the nominal amounts that had been included in
the adopted budget.
The attached resolution raises the capital outlay appropriation by $4,000. There is
no offsetting amendment to the budgeted revenues since most of the grants were
received in 2001 or 2002.
Police Forfeiture Special Revenue Fund:
On September 8, 2003, the City Council passed Resolution 6099 approving the
purchase of a power point projector with a donation from the Lions Club. This
expenditure of $1,800 put the total expenditures of the fund over the amounts that
had been included in the adopted budget.
The attached resolution raises the capital outlay appropriation by $1,800 with an
offsetting increase in the revenues appropriation for donations.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 6230
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AMENDING THE 2003 BUDGET FOR THE GENERAL FUND AND
POLICE SPECIAL REVENUE FUNDS
WHEREAS, the City Council passed Resolutions 5899 and 5900 on December 9,
2002 adopting budgets for the year 2003; and
WHEREAS, the City Council at various times during 2003 approved actions that
were in the best interest of the City, but that required expenditures that were in excess of
the amounts in the adopted budget.
NOW THEREFORE, BE IT RESOLVED, that the City Council adopts the following
amendments to the 2003 Budget:
General Fund Revenues:
Bond Proceeds Increase $11,281
General Fund Expenditures:
Elections Department Capital outlay Increase $5,000
Fire Department Capital outlay Increase $11,281
Contingency Account Decrease $5,000
Transfers to other funds Increase $1,463,745
Police Grants Special Revenue Fund:
Expenditures Personal services Increase $4,000
Expenditures Capital outlay Increase $4,000
Police Forfeitures Special Revenue Fund:
Revenues Donations Increase $1,800
Expenditures Capital outlay Increase $1,800
Adopted this 26th day of April 2004.
ATTEST:
Jerry Linke, Mayor
(SEAL)
Kurt Ulrich, City Administrator
Item No: 9H
Meeting Date: April 26, 2004
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Clerk/Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 736, an
Ordinance Amending Mounds View City Charter
Section 4.02, “Filing for Office”
Introduction:
On February 12, 2004, the Mounds View Charter Commission adopted Resolution 2004-
01 (attached) which put forward suggested amendments to the Charter in Section 4.02
relating to “Filing for Office”.
Discussion:
The intent of the Charter Commission with this resolution is to clarify language in the charter
relating to the period in which individuals may file for office. While the amendment does not
change the period as currently identified, it does articulate that Minnesota Statutes shall
prevail if the filing period should however change in the future.
Staff and the Mounds View City Attorney have reviewed this amendment and feel the
changes are preferable over the current language and support the adoption of the ordinance.
Consistent with state law, the ordinance would go into effect 90 days after unanimously
being adopted by the City Council. The ordinance requires a public hearing which has been
scheduled for May 10, 2004 at 7:20 pm.
Recommendation:
Staff recommends the City Council introduce and accept the first reading of Ordinance 736.
Respectfully submitted,
________________________
Kurt Ulrich, City Clerk/Administrator
763-717-4001
Attachments:
1. Charter Commission resolution 2004-01
2. Ordinance 736
ORDINANCE NO. 736
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER
BY AMENDING SECTION 4.02 OF THE CHARTER RELATING TO
“FILING FOR OFFICE”
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 4.02, Subdivision 1 of the Charter of the City of Mounds View relating to “Filing
for Office” be amended by the addition of the bold and double-underlined language and
by the deletion of the bold and stricken language as follows:
Section 4.02. Filing for Office.
Subdivision 1. Filing for Office. Pursuant to Minnesota Statute 205.13, as
amended, no No earlier than seventy days nor later than fifty-six days before
any municipal election, any resident of the City qualified under state law for
elective office may, by filing an affidavit and by paying a filing fee to the Clerk-
Administrator in an amount as set by ordinance, have their name placed on the
municipal election ballot. Amendments to Minnesota Statute 205.13 shall
take precedence over this subdivision.
SECTION 2. This ordinance takes effect 90 days after its publication in the official City
newspaper.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View
this 26th day of April, 2004.
PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the
City of Mounds View this 10th day of May, 2004.
__________________________________
Jerry Linke, Mayor
ATTEST:
__________________________________
Kurt Ulrich, City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________
Scott Riggs, City Attorney
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 12, 2004 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16
17
4. APPROVAL OF AGENDA 18
19
A. Monday, April 12, 2004 City Council Agenda. 20
21
Mayor Linke requested that Item 9G be placed at the end of Council Business because he would 22
be leaving chambers for the discussion. 23
24
MOTION/SECOND: Marty/Gunn. To Approve the Monday, April 12, 2004 Agenda as 25
Amended. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
5. PUBLIC INPUT 30
31
William Werner of 2765 Sherwood Road asked whether just and correct claims were for 32
expenditures that are already committed. 33
34
Mayor Linke indicated that was correct. 35
36
Mr. Werner asked who determines that each expenditure is necessary or justified. 37
38
Mayor Linke indicated the administrator is the authority by the Charter and claims flow through 39
the department heads and finance department. 40
41
6. SPECIAL ORDER OF BUSINESS 42
43
A. Resolution of the Mounds View Independent School District, City of Arden 44
Hills, City of Mounds View, City of New Brighton, City of North Oaks, City 45
Mounds View City Council April 12, 2004
Regular Meeting Page 2
of Roseville, City of Shoreview, and City of Vadnais Heights Jointly 1
Committed to Individual, Joint, Constructive, and Peaceful Responses to 2
These Acts of Terrorism and Racism in our Communities. 3
4
Community Development Director Ericson indicated this Resolution mirrors the one previously 5
approved by Council and the other cities listed. 6
7
Mayor Linke read the Resolution. 8
9
MOTION/SECOND: Linke/Marty. To Approve the Resolution of the Mounds View 10
Independent School District, City of Arden Hills, City of Mounds View, City of New Brighton, 11
City of North Oaks, City of Roseville, City of Shoreview, and City of Vadnais Heights Jointly 12
Committed to Individual, Joint, Constructive, and Peaceful Responses to These Acts of 13
Terrorism and Racism in our Communities. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
7. JUST AND CORRECT CLAIMS 18
19
A. Just and Correct Claims 20
21
Council Member Marty indicated he had asked Finance Director Hansen to provide information 22
on a couple of items. He then asked for clarification on the wiper motor for $86.69 and then a 23
partial return. 24
25
Public Works Director Lee indicated the return amount is for the core fee for the old motor. 26
27
Council Member Marty commented that since the City went with one exterminator the bills seem 28
to be lower. 29
30
Council Member Marty asked for information on the sewer service repair on Quincy Street. 31
32
Public Works Director Lee explained that there was a major sewer break at that location and they 33
had to call for help with correcting it. 34
35
Council Member Marty asked whether the gas detector was for the water department. 36
37
Public Works Director Lee indicated the City purchased two gas detectors that were budgeted for 38
2004 and they are used when going into a confined space to check what gases are in there. 39
40
Council Member Stigney asked if there were other gas detectors. 41
42
Public Works Director Lee indicated that these two replace the two that were about 10 years old. 43
44
Mounds View City Council April 12, 2004
Regular Meeting Page 3
Council Member Marty asked whether the City would be reimbursed for expenses for the 1
Waldoch minor subdivision and Building N matters. 2
3
Community Development Director Ericson indicated that it has been past practice to seek 4
reimbursement when there are any expenses involved for the City. 5
6
Mayor Linke commented that the City had to pay $4,000 to the state for a community water 7
connection fee. He further commented that it is an unfunded mandate by the legislature that the 8
City has to pay for. 9
10
MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 11
12
Ayes – 5 Nays – 0 Motion carried. 13
14
8. CONSENT AGENDA 15
16
A. Licenses for Approval 17
B. Set a Public Hearing for 7:05 p.m., Monday, April 26, 2004, to Consider the 18
First Reading and Introduction of Ordinance 733, an Ordinance Amending 19
the Zoning Code Relating to Outdoor Temporary Sales 20
C. Resolution 6221 Authorizing the Purchase of a Stalker Radar Unit Utilizing 21
Safe and Sober Grant Funds and Forfeiture Funds 22
D. Set a Public Hearing for 7:10 p.m., Monday, April 26, 20004 to Consider 23
Resolution 6225 Approving an Off-Sale Intoxicating Liquor License for Sid’s 24
Discount Liquors Located at 2577 West Highway 10 25
E. Resolution 6222 Approving of the Acquisition of Tax Forfeited Property on 26
County Road H2 in Mounds View (Lot 36, Knollwood Park) from Ramsey 27
county 28
F. Resolution No. 6223 Authorizing the Preparation of a Preliminary Feasibility 29
Report and Consultant Selection for the Hidden Hollow Street and Utility 30
Installation Project 31
G. Resolution No. 6224 Approving the Purchase of Items Associated with the 32
2004 Parks Improvement Project 33
H. Set a Public Hearing for 7:15 p.m., Monday, April 26, 2004, to Consider the 34
First Reading and Introduction of Ordinance 735, an Ordinance Amending 35
the Zoning Code Relating to Temporary Tents and Membrane Structures in 36
Commercial/Industrial Districts 37
I. Resolution No. 6220 Approving the Contract for Golf Professional Services 38
39
Council Member Marty requested that item 8F be removed for discussion. 40
41
Council Member Gunn requested that item 8D be removed for discussion. 42
43
MOTION/SECOND: Quick/Stigney. To Approve Consent Agenda Items A, B, C, E, G, H, and 44
I as Presented. 45
Mounds View City Council April 12, 2004
Regular Meeting Page 4
1
Ayes – 5 Nays – 0 Motion carried. 2
3
D. Set a Public Hearing for 7:10 p.m., Monday, April 26, 2004 to Consider 4
Resolution 6225 Approving an Off Sale Intoxicating Liquor License for Sid’s 5
Discount Liquors 6
7
Council Member Gunn asked whether the background investigations have been completed. 8
9
Community Development Director Ericson indicated that the background investigation is in 10
process and will be completed by the time of the public hearing. 11
12
MOTION/SECOND: Gunn/Quick. To Approve Consent Agenda Item D as Presented. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
F. Resolution 6223 Authorizing the Preparation of a Preliminary Feasibility 17
Report and Consultant Selection for the Hidden Hollow Street and Utility 18
Installation Project 19
20
Council Member Marty indicated that at the time that this Staff report was given to Council the 21
developer had not executed a petition for public improvement and he does not feel that Council 22
should take any further action until they have. 23
24
Community Development Director Ericson indicated the petition and waiver of assessment has 25
been drafted and reviewed by the City Attorney and the development team and there appear to be 26
no issues with it. He further commented that the developer has every intention of moving 27
forward and will be responsible for all fees associated with this. 28
29
Council Member Marty said he feels this is premature and he would prefer to have the executed 30
petition before Council acts. 31
32
Council Member Stigney pointed out that the approval is contingent upon Procraft submitting the 33
executed petition for public improvement. 34
35
City Attorney Riggs indicated that he feels it would be appropriate to act on the Resolution 36
because there is a contingency written in to it. 37
38
MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items as Presented. 39
40
Ayes – 5 Nays – 0 Motion carried. 41
42
Mounds View City Council April 12, 2004
Regular Meeting Page 5
9. COUNCIL BUSINESS 1
2
A. Public Hearing for a PUD Amendment Request to Add Religious Institution 3
as a Permitted Use on the Building N Parcel. 4
5
Mayor Linke opened the public hearing at 7:21 p.m. 6
7
Planner Prososki indicated that Bethlehem Baptist Church has requested an amendment to allow 8
a church in Building N. She then indicated that Staff did further research into the tax base and 9
TIF district concerns and found that the City will lose $5,224 in administrative fees, $981.00 10
which is the City’s share of the tax base, and $24,186 which is the difference between the base 11
tax and the designated base for a total of $30,391 per year using today’s figures. 12
13
Planner Prososki indicated that the Church’s elders have approved a $25,000 annual service 14
project fund that the City and the Church would work together to agree how the funds are used 15
and they are considering paying the $5,224 in administrative fees. In addition to those concerns, 16
there were concerns that the Church and the City may not find items that they agree upon so the 17
Church drafted a list of examples of things they are willing to fund. 18
19
Planner Prososki indicated that the Church put together information in response to the loss of 20
jobs and weekday traffic. She then indicated the City received five letters in support of the 21
Church after the packets went out and those were placed in Council mailboxes. She further 22
indicated that there were comments from in and around the business park in opposition because 23
they felt it would be more beneficial to have businesses with employees to benefit their 24
businesses. 25
26
Planner Prososki indicated that the Planning Commission recommended approval from a land 27
use perspective. 28
29
Theresa Cermak from the Mounds View McDonalds indicated that McDonalds would be very 30
happy to see the Church come to Mounds View as it would be great for their business and they 31
feel the Church would be an asset to the community. 32
33
Jane Richter indicated that she and her husband Dennis have been in Mounds View for 27 years 34
and she has taught at Pinewood and Edgewood for 30 years and they have been members of 35
Bethlehem Baptist Church for 20 years. She then said that she and her husband are committed to 36
this community and would like to see Bethlehem come. 37
38
Ms. Richter indicated that she knows residents are fiscally conservative and she is glad the 39
Council is considering the financial aspect of this but there are so many things that the Church 40
can do for the community. 41
42
Ms. Richter indicated that the Church will reach out to the community and provide caring 43
supportive adults to help kids. She further indicated that Bethlehem has been very involved in 44
Mounds View City Council April 12, 2004
Regular Meeting Page 6
its current location providing numerous outreach programs to assist adults and kids and they will 1
do that in Mounds View. 2
3
Ms. Richter indicated that she feels the long term social impact will improve the financial picture 4
as well. 5
6
John Copas from Abbey Carpet indicated he spoke with Dan from the Mermaid and the 7
Boyscouts and Three Season Porch and they are all in favor of having the Church approved. He 8
then said he has to agree with Ms. Richter because he is very involved with North Heights 9
Lutheran and St. Andrew Lutheran Church and he sees all the benefits the churches can give. He 10
further commented that he has an employee who goes to Bethlehem and they have wonderful 11
programs that are more important to the community than the money value. 12
13
Mr. Lawson from the Baptist Conference provided information on the Church and said he feels 14
this Church could really benefit the Community with its outreach programs and donations to 15
various community organizations. 16
17
Mr. Lawson said that in the bigger picture of government churches have been a tax free facility 18
use and that has been a privilege of religious organizations but they have no intention of 19
muscling in on that and are willing to pay for services but, there is a purpose and it is because the 20
church creates a positive impact to those communities that they are in. 21
22
Kenny Stokes, Pastor at Bethlehem Baptist asked Council to consider the broader good that the 23
Church can do for the community and not merely the economic good. 24
25
Mr. Stokes said that he feels that the proposal to establish a second congregation in Mounds 26
View would benefit the community spiritually and socially. He then said that Mounds View is 27
under serviced as far as churches go because Ramsey County has one church for every 980 28
persons and Mounds View has 50% fewer churches. 29
30
Mr. Stokes commented that the social benefit and spiritual benefits should outweigh the 31
economic considerations. He then reminded Council that the anniversary of Columbine is 32
coming up and Columbine was an affluent community. He further commented that the Church 33
actively seeks ways to assist people in the community they are in and would do that in this 34
community. 35
36
Paul Settman commented that the strength of a City is its moral fabric and bringing this Church 37
to the City would improve its moral fabric. He then said that Bethlehem is a church that is 38
involved with its community and it actively seeks to find ways to help. 39
40
Mr. Settman indicated he was told one of the policeman went to the middle school on a parent 41
teacher get together to show things that are found in school. He then said that the parents were 42
shocked but it is a fact of life whether you are in the city or the suburbs. He further commented 43
that he strongly supports Bethlehem coming to Mounds View and he believes that the Church 44
can help the City and the schools deal with the issues facing them. 45
Mounds View City Council April 12, 2004
Regular Meeting Page 7
1
Mr. Settman indicated that he is a businessman and he believes it would be a good business 2
move to have Bethlehem come to the City. 3
4
Mayor Linke indicated he had worked with Mr. Settman on a building in Monticello in the past. 5
6
John Grahno indicated he lives in New Brighton and has children at Irondale High School. He 7
then read a top 10 list of economic reasons to have Bethlehem come to the City. Those include 8
250,000 visits to the downtown facility last week, a $5.6 million dollar investment in an 9
unfinished under utilized building and another $2.5 million for future improvements; Wednesday 10
evening meal and the building would not have a kitchen in the beginning so the meal would need 11
to be catered by local establishments; weddings; $20,000 to $25,000 in building permit fees; the 12
$25,000 project service fund every year; and the TIF administration fee. He further commented 13
that they are willing to negotiate because they feel that God has called them to this place and they 14
want to be a partner with the City in the community. 15
16
Mr. Grahno indicated he feels this is a win win for the City because, if they fail, the City gets all 17
the improvements to a building that someone else could come into and the Church has brought it 18
back onto the tax roles earlier than it would have been. 19
20
Mayor Linke asked if there is a north campus now. 21
22
Mr. Grahno indicated that 800 to 1,000 members are meeting at Northwestern College. 23
24
Council Member Quick asked where the parishioners come from. 25
26
Mr. Grahno indicated that they are spread out but a large number come from the 35W/610 and 27
that is almost the epicenter. 28
29
Jackie Madsen indicated she has lived in the City for 24 years and there has not been a lot of 30
outreach from the local churches. She then said that based on information received from 31
Bethlehem that they are very involved in the community and this community needs a Church that 32
ministers to the Community the way that Bethlehem does. She further commented that she has 33
seen business growth in Mounds View and now it is time to welcome a new place of worship. 34
35
Greg Sole, an attorney and member of the Church, addressed Council and asked them to consider 36
the request from purely a planning standpoint not an economic one. He then commented that the 37
Church is tax exempt but has offered payments for services and a fund to use for programs within 38
the City but does not want to sign a contract as that would jeopardize future churches and their 39
tax exempt status. 40
41
Mr. Sole suggested that the Planning Commission reports and findings have all been positive 42
based on zoning and land use perspectives and he asked Council to consider the zoning and not 43
the economics of their request. 44
45
Mounds View City Council April 12, 2004
Regular Meeting Page 8
Mayor Linke indicated the reason things changed is because Council asked various questions of 1
Staff in terms of the economic impact to the City should the Church come in. He then said that, 2
as elected officials, it is Council responsibility to consider all aspects of any request. 3
4
Planner Prososki clarified that Staff does not feel that the Church would have a negative impact 5
on the surrounding uses but it is dissimilar to the surrounding uses and it is slated for light 6
industrial on the Comprehensive Plan. 7
8
Mr. Sole commented that the Church meets all the requirements of the CUP analysis and the 9
planning facts find no adverse impacts. 10
11
Mr. Sole asked where, in a residential district, the City would put the number of vehicles and the 12
size building that this Church requires. 13
14
Mayor Linke indicated the Comprehensive Plan dictates everything the City does. 15
16
City Attorney Riggs indicated the Comprehensive Plan supersedes the zoning in the City by state 17
law. 18
19
Steve Chirhart indicated that he is a real estate broker and one of several that has been searching 20
for a site for the Church but it has been difficult to find a six acre parcel for the Church. He then 21
said that this site is light industrial but the market for industrial is a very difficult market due to 22
outsourcing and he feels the Church is a good use for this building because it is likely that the 23
City could not find an industrial use for the property. 24
25
Tim Johnson, an Elder at Bethlehem from New Brighton indicated he has five children in 26
Irondale and he is a business owner. He then said that if he were faced with this he would argue 27
for the Church because the Church is a good neighbor reducing crime and doing outreach with 28
adults and children in the area. It also makes better people and stronger families for him to hire 29
as employees. He further commented that the two properties immediately adjacent to this site are 30
in support of the Church. 31
32
Dan Holst commented that one of the under riding values of the Church is that proximity implies 33
accountability to the neighborhood and they weigh that heavily. He then said that he moved his 34
family from the country to the City to be a part of urban ministry and they will look to move to 35
Mounds View if the Church is approved along with others who want to be in the Community 36
because of the strong Church community. 37
38
Sam Crabtree clarified that the Church offered the $25,000 project fund when the tax loss was 39
thought to be $5,000 and they are willing to renegotiate the project fund amount but want to stay 40
out of the entanglement issue with taxing churches. 41
42
Mayor Linke closed the public hearing at 8:12 p.m. 43
44
Mounds View City Council April 12, 2004
Regular Meeting Page 9
MOTION/SECOND: Gunn/Quick. To Approve the PUD Amendment and Direct Staff to Draft 1
a Resolution of Approval for the Next Council Meeting and to Direct Staff to Negotiate the 2
Financials with the Church Officials and Determine the Use for the Remainder of the Building as 3
Well as Details of how the Church will Serve the Community. 4
5
Ayes – 4 Nays – 1(Stigney) Motion carried. 6
7
Mayor Linke commented he was leaning toward no when the meeting began but is impressed 8
with how the Church presented the intangible items that they can do for the betterment of the 9
community. 10
11
B. Public Hearing, Second Reading and Adoption of Ordinance 732, an 12
Ordinance Authorizing the Transfer of Real Property from the City of 13
Mounds View to the Mounds View Economic Development Authority. 14
15
Mayor Linke opened the public hearing at 8:15 p.m. 16
17
Council Member Marty indicated he would like to be sure that the City’s costs are built into the 18
sale. 19
20
Community Development Director Ericson indicated that the City’s costs would be recovered 21
and commented that this transaction has a $1.00 cost associated with it. 22
23
City Attorney Riggs indicated that the EDA previously approved the acquisition of Lot 36 so that 24
can be removed from the Ordinance. 25
26
MOTION/SECOND: Marty/Gunn. To Waive the Reading, Approve the Second Reading and 27
Adoption of Ordinance 732, an Ordinance Authorizing the Transfer of Real Property from the 28
City of Mounds View to the Mounds View Economic Development Authority as Amended. 29
30
ROLL CALL: Linke/Gunn/Stigney/Marty/Quick. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
Mayor Linke closed the public hearing at 8:18 p.m. 35
36
C. Resolution 6219 Approval of a Bobcat Skidsteer 37
38
Golf Course Manager Berg appeared before Council with a Resolution asking Council to 39
consider a bobcat for the golf course as it would be a labor saving piece of equipment and could 40
eliminate work injury. She then indicated she has received an offer for the Kubota tractor of 41
$10,600 and that would leave $12,936 for the bobcat. 42
43
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6219, a 44
Resolution Approving the Purchase of a Bobcat Skidsteer. 45
Mounds View City Council April 12, 2004
Regular Meeting Page 10
1
Council Member Stigney indicated that the golf course has not had a skidsteer and he wonders 2
why one is essential now. 3
4
Golf Course Manager Berg indicated that the golf course has borrowed the bobcat from public 5
works but it is not always available. She then said that the skidsteer is able to do a lot of tasks 6
that are now done manually. 7
8
Council Member Stigney asked who is buying the tractor. 9
10
Golf Course Manager Berg indicated that the White Bear Yacht Club is interested in purchasing 11
it. 12
13
Council Member Stigney commented that the golf course is running at a deficit and has since it 14
started and has never used this equipment so he feels Staff should look at ways of curtailing 15
expenses rather than spending money. 16
17
Golf Course Manager Berg indicated she believes the labor to be saved justifies the cost. 18
19
Council Member Stigney asked if Staff has done an analysis. 20
21
Golf Course Manager Berg indicated she has not done an hour per hour analysis of cost savings. 22
23
Council Member Marty indicated he discussed this with Public Works Director Lee and Golf 24
Course Manager Berg and they both feel that the bobcat would be more beneficial than two 25
tractors. He then commented he was told that the Staff at the golf course has to move 7 tons of 26
fertilizer by hand and he thinks this bobcat could help reduce the chance of workers 27
compensation claims due to injury. 28
29
Council Member Stigney commented that the tractor was purchased in 1998 and they would have 30
had the option of a bobcat at that time but said it was prudent to purchase a new tractor. 31
32
Golf Course Manager Berg indicated that if there were not so many implements for the tractor 33
she would recommend selling it but it would be more expensive to buy implements. 34
35
Council Member Quick commented that he is aware of how valuable these machines are in the 36
construction business. 37
38
Ayes – 4 Nays – 1(Stigney) Motion carried. 39
40
D. Resolution 6215 Approving Transfers Between Funds for the Year 2003. 41
42
MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6215, a 43
Resolution Approving Transfers Between Funds for the Year 2003. 44
45
Mounds View City Council April 12, 2004
Regular Meeting Page 11
Council Member Gunn commented that this brings the amount down to the limit of what the 1
auditor will approve. 2
3
Finance Director Hansen indicated the Office of the State Auditor recommends a 30% to 50% of 4
next year’s budget and this would leave just above 50%. 5
6
Council Member Marty commented that there is a transfer of $148,795 from TIF to the general 7
fund and then transferring from the Community Fund to TIF District One. 8
9
Finance Director Hansen indicated that in working with the auditor it was determined that he 10
made a mistake in the December tax settlement allocated to TIF District One and this is a 11
correction for that having a ripple effect through four funds. 12
13
Council Member Quick asked why the City needs to have 50% of the annual budget in the 14
general fund. 15
16
Finance Director Hansen indicated that 80% of the general fund revenues for the year come in 17
the form of property tax settlement and payment of aids from Minnesota and that is received in 18
July and December so the City needs a bank balance to work through July. 19
20
Council Member Quick asked what happens if the City does not have that money. 21
22
Finance Director Hansen indicated the City would have to utilize short-term borrowing and that 23
is expensive and not looked upon very highly in the financial market. 24
25
Council Member Stigney asked if the City could get by with 30% in reserves. 26
27
Finance Director Hansen indicated that the May/June cycle would have a deficit if the City went 28
with a 30% fund balance. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
E. Resolution 6216 Approving Inter-Fund Loans for the Year 2003 and Setting 33
an Interest Rate on Inter-Fund Loans for the Year 2004. 34
35
Council Member Marty asked whether SEH ever straightened out the MSA allotment. 36
37
Finance Director Hansen indicated he had explained to Council Member Marty that he has never 38
been satisfied that SEH straightened out the account with the state of Minnesota and has never 39
received information from SEH as to whether anything was missed. He then said that an MSA 40
account should not run a deficit and this one has for the last two years. 41
42
MOTION/SECOND: Marty/Gunn. To Direct Staff to Contact SEH For the Facts and Figures 43
for An Analysis. 44
45
Mounds View City Council April 12, 2004
Regular Meeting Page 12
Ayes – 5 Nays – 0 Motion carried. 1
2
Council Member Stigney commented that it looks like the golf course is switching the loans to 3
the community fund and he wanted to point out there is another loan to the golf course and he 4
hopes the Staff is looking at alternatives to this ongoing debt. 5
6
Mayor Linke clarified that there is an additional $300,000 to the loans that were already issued to 7
the golf course for a total of $1.3 million. 8
9
F. Consideration of Charter Commission Recommendation to Amend Section 10
4.02 Filing for Office. 11
12
Community Development Director Ericson indicated he attended the Charter Commission 13
meeting last week and the Charter Commission is recommending that Council consider 14
Resolution 2004-0` recommending certain language changes to Section 4.02. He then said that 15
the Charter Commission would be happy to look into the fees if Council directs them to do so. 16
17
Council Member Quick asked for a recess. 18
19
Council recessed at 8:37 p.m. 20
21
Council reconvened at 8:46 p.m. 22
23
MOTION/SECOND: Marty/Stigney. To Approve the Language as Presented and Direct Staff to 24
Bring Forward an Ordinance for Consideration. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
Mayor Linke read language that he is proposing be added concerning the filing fees. 29
30
Council Member Stigney said he thinks the City should follow state statute and that is $5.00. He 31
then said that he does not want to limit the people that can run. 32
33
Mayor Linke commented that the $20.00 was a misunderstanding by the former Clerk 34
Administrator in talking to someone at the County that has nothing to do with the filing fee. 35
36
Council Member Quick indicated that the reason the fee was increased was to keep frivolous 37
people from running and he does not feel that $25.00 is out of line. 38
39
Johnathon Thomas, Chair of the Charter Commission thanked Council for getting this underway 40
and asked them to look into the other issues brought forward by the Charter Commission. 41
42
MOTION/SECOND: Linke/Quick. To Suggest that the Charter Commission Review the 43
Section on Filing Fees. 44
45
Mounds View City Council April 12, 2004
Regular Meeting Page 13
Ayes – 5 Nays – 0 Motion carried. 1
2
Mayor Linke indicated that Staff is looking back on the other issues and, if unable to find them, 3
will ask the Commission to bring them back for action. 4
5
G. Consideration of Request from Innovative Images Marketing and 6
Management LLC for a Settlement Conference. 7
8
Mayor Linke turned the meeting over to Acting Mayor Marty and then left Council Chambers. 9
10
Council Member Marty indicated the City Attorney provided a report on the matter and he felt 11
the report had a lot of valid points. 12
13
City Attorney Riggs offered to answer questions but said his recommendation is that he thinks if 14
it is going to move forward it is wise to consider this and get some appropriate guidance from the 15
Attorney General. 16
17
Council Member Stigney asked what it meant when the Attorney said “if this is to go forward.” 18
19
City Attorney Riggs indicated that before even dealing with the merits this is a situation that 20
there are previous Attorney General opinions. He then said that it is not a bad idea to have the 21
opinion of the Attorney General behind Council one way or another because if there is truly a 22
conflict it is a situation that Council cannot deal with it. He further commented that this is in 23
such a gray area it would be appropriate to seek an opinion. 24
25
Council Member Gunn asked whether part of the problem is that Mr. Linke claims that the 26
contract is still in existence and he as Vice President of this company then there is a conflict with 27
him being Mayor and the City having a contract with him. 28
29
Council Member Quick commented that the City terminated the contract. 30
31
There was consent to ask for an Attorney General’s opinion. 32
33
MOTION/SECOND: Gunn/Marty. To Direct Staff to Send this Item Out to the Attorney 34
General for an Opinion. 35
36
Council Member Stigney asked for clarification. 37
38
City Attorney Riggs indicated the City would be requesting an opinion based on the questions set 39
forth in the report and the question of if and can the Council settle this issue with a sitting 40
Council Member. 41
42
Ayes – 4 Nays – 0 Motion carried. 43
44
Mounds View City Council April 12, 2004
Regular Meeting Page 14
H. Resolution 6226 Authorizing the Hire of Charles Preisler to the Position of 1
Intern in the Community Development Department. 2
3
MOTION/SECOND: Quick/Gunn. To Approve Resolution 6226, a Resolution Authorizing the 4
Hire of Charles Preisler to the Position of Intern in the Community Development Department. 5
6
Council Member Stigney asked that Resolution 6226 be read. 7
8
Mayor Linke read Resolution 6226. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
I. Resolution 6228 Authorizing the Adoption of the Vantagecare Retirement 13
Health Savings Program. 14
15
Finance Director Hansen reviewed with Council the Vantagecare Retirement Health Savings 16
Program. 17
18
Council Member Marty indicated that he did not think that matching contributions on behalf of 19
the City is a good idea. 20
21
Finance Director Hansen indicated that Council can control what is agreed to with the personnel 22
policy and labor contracts but there are various things available under the plan. 23
24
Council Member Gunn asked whether there is a cap on how much employees can put in and 25
when they draw it out and what happens if the employee is terminated or quits. 26
27
Finance Director Hansen indicated that the money goes with them but they cannot contribute any 28
more to it unless they go to an employer that has the same program and they cannot use the 29
money until retirement. 30
31
Council Member Stigney commented that he is surprised that Staff has brought a Resolution at 32
this point in time because he thought Staff was going to weigh this with health reimbursement 33
plans and there are other options out there. 34
35
Finance Director Hansen indicated this plan is fairly simple and straightforward and health 36
reimbursement is much more complicated and he has not had time to delve into it. 37
38
Council Member Stigney indicated that he would like the City to conduct further research in to 39
the programs available before approving this. 40
41
Finance Director Hansen indicated that going forward with this would not preclude the City from 42
doing a health reimbursement plan because this plan is for after an employee retires. 43
44
Mounds View City Council April 12, 2004
Regular Meeting Page 15
Finance Director Hansen indicated that this Resolution formalizes the agreement to have ICMA 1
administrate the plan but no one would be able to contribute to it until Council approves it 2
through the personnel manual and labor contracts. 3
4
Council Member Quick asked whether this would affect the contract negotiations in any way. 5
6
City Administrator Ulrich indicated it allows other options to include with the contract when 7
talking about sick leave severance with some unions. He then said that this could be an option to 8
sick leave severance payments. 9
10
Council Member Stigney asked what this compares to. 11
12
Finance Director Hansen indicated the only other plan available is through the state of Minnesota 13
but that plan is much more restrictive as an entire group of employees would be required to 14
contribute and this plan allows for individuals to make their own choice. 15
16
Council Member Stigney asked what other cities already use this plan. He then indicated he 17
would like to know who is using this. 18
19
Finance Director Hansen agreed to obtain the information for Council. 20
21
MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6228, a 22
Resolution Authorizing the Adoption of the Vantagecare Retirement Health Savings Program. 23
24
Ayes – 4 Nays - 0 Motion carried. 25
26
Council Member Stigney abstained from voting. 27
28
J. First Reading and Introduction of Ordinance 734, an Ordinance Amending 29
Chapter 513 Pertaining to Adult Oriented Businesses. 30
31
Community Development Director Ericson indicated that the only change made from the work 32
session was a change in the fee from $500 to $2,500 as recommended by Kennedy and Graven 33
that the City’s fee may be too low. 34
35
Council Member Stigney asked why the fee is restricted to $2,500. 36
37
Director Ericson commented that the higher the fee the more apt it is to be challenged and the fee 38
needs to be reasonable. 39
40
Council Member Stigney asked if the $2,500 is the most practical that the City should be 41
charging at this time. 42
43
Director Ericson said he feels this is a fee that the City can justify at this time. 44
45
Mounds View City Council April 12, 2004
Regular Meeting Page 16
Council Member Quick commented that the fee could be adjusted annually if a business in town 1
is utilizing resources and the fee is not high enough. 2
3
Council Member Stigney asked what the average cost was. 4
5
Director Ericson indicated that one City had a fee of $50.00 a few had no fee, the median was 6
$5,000 and the high end was $10,000. 7
8
Council Member Stigney commented that he thinks the fee should be $5000. 9
10
Mayor Linke indicated he supports the Staff recommendation. 11
12
Council Member Stigney asked whether Staff could justify $3,500. 13
14
Director Ericson indicated it would be his recommendation to start out on the lower end and if 15
the City gets a business that involves a significant outlay of city services adjust the fee at that 16
time. 17
18
MOTION/SECOND: Stigney/Quick. To Waive the Reading, Introduce the First Reading and 19
Approve Ordinance 734, an Ordinance Amending Chapter 513 Pertaining to Adult Oriented 20
Businesses with an Amended Fee of $5,000. 21
22
Council Member Gunn indicated she is not opposed to the $5,000 but is not opposed to the 23
$2,500 either. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
10. APPROVAL OF MINUTES 28
29
A. City Council Minutes March 22, 2004 30
31
Council Member Marty requested the following changes: On Page 5, Line 36 insert “a” before 32
part time. On Page 7, Line 8 insert the word “more”. 33
34
MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes for March 22, 2004 35
as Amended. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
B. Special City Council Meeting, March 29, 2004 40
41
Council Member Marty requested the following change: On Line 41: The month of May needs 42
to be capitalized. 43
44
Mounds View City Council April 12, 2004
Regular Meeting Page 17
MOTION/SECOND: Marty/Gunn. To Approve the Special City Council Meeting Minutes of 1
March 29, 2004 as Amended. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
C. Executive Session Minutes, March 29, 2004 6
7
MOTION/SECOND: Marty/Stigney. To Approve the Executive Session Minutes of March 29, 8
2004 as Presented. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
11. REPORTS 13
14
A. Reports of Mayor and Council. 15
16
Council Member Marty indicated he had residents asking him about garbage pick up and Public 17
Works Director Lee informed him that it would be before Council at the next work session for 18
discussion. 19
20
Council Member Marty indicated the Festival in the Park golf tournament is scheduled for 21
Saturday, August 14, 2004 at the Bridges Golf Course. 22
23
Council Member Gunn wished the Irondale Drumline and Color Guard good luck in San Diego, 24
California at the WGI World Competition. 25
26
B. Staff 27
1. Golf Course Quarterly Report 28
29
Golf Course Manager Berg reviewed her report with Council indicating that their biggest priority 30
is to get the golf course operating in the black. 31
32
Mayor Linke asked for a breakdown of golf course costs and debt service amounts. 33
34
Golf Course Manager Berg indicated she would provide that information. 35
36
Golf Course Manager Berg indicated that the City Inspector found some code issues with the 37
electrical and those items have been corrected. She then said that the electrician found that the 38
main wire coming in was very hot to the touch and was incorrectly installed and becoming 39
brittle. 40
41
Golf Course Manager Berg indicated that the food court has been moved to the club house to 42
make it more accessible to golfers. 43
44
Golf Course Manager Berg reviewed the marketing the course intends to do this season. 45
Mounds View City Council April 12, 2004
Regular Meeting Page 18
1
Council Member Marty asked if Staff has contacted Rice Creek about the wetlands to see if their 2
original offer is still on the table. 3
4
Golf Course Manager Berg indicated she would look in some of the files for information at the 5
golf course to find the specifics and that is a priority on her list of things to look at. 6
7
Council Member Marty commented that at the very least, the City could get some mitigation 8
points if they can control more water. 9
10
Golf Course Manager Berg indicated that the new golf course is opening its putting course May 11
1, 2004 and the driving range if it is ready. She then said that the 9 hole course is opening June 12
15, 2004 and they have not begun seeding on the second 9 holes but anticipate an October 13
opening. She further commented that the fee for 9 holes for adults is $23.00 and kids pay their 14
age. 15
16
Golf Course Manager Berg indicated that it is supposed to be the third longest golf course in the 17
state. 18
19
Golf Course Manager Berg indicated that the cost for an adult will prevent some adults from 20
playing but they may drop their kids off to play and there is a need for leagues for kids. 21
22
Council Member Stigney indicated he did not get a budget summary. 23
24
Golf Course Manager Berg indicated they were to have been scanned in and said she would 25
provide copies. 26
27
Council Member Stigney asked if there is any indication when the City may get a response on the 28
billboards. 29
30
Director Ericson indicated there is no indication. 31
32
Council Member Stigney asked whether Mr. Manthis received any information at the seminar he 33
attended as to ways to improve the course management. 34
35
Golf Course Manager Berg indicated she would ask for further information on what he got and 36
report back 37
38
C. City Attorney 39
1. Park Dedication Fee Opinion 40
41
MOTION/SECOND: Linke/Marty. To Direct Staff to Make the Changes Recommended to 42
Chapter 1204. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council April 12, 2004
Regular Meeting Page 19
1
12. Next Council Work Session: Monday, May 3, 2004 2
Next Council Meeting: Monday, April 26, 2004 3
4
13. ADJOURNMENT 5
6
Mayor Linke adjourned the meeting at 9:45 p.m. 7
8
Transcribed and recorded by: 9
10
11
Joan Lenzmeier 12
Timesaver Off Site Secretarial, Inc. 13
Item No 11B(1)
Meeting Date: April 26, 2004
Type of Business: Reports
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Calendar of Future Meetings/Start Times
Below are the dates through December 2004 of all Work Session, City Council Meetings and any other
Special Meetings for your review. Priority Items from the Leadership retreat have been put in
paranthesis.
May 2004
May 3 Work Session 7pm
(County Road 10 Corridor, Golf Course Plan, TIF Plan)
May 10 EDA Meeting 630pm
City Council Meeting 7pm
(Budget Calendar)
May 17 Special City Council Meeting 5pm
(Discuss Building Rehabilitation Project for City Hall)
May 24 EDA Meeting 630pm
City Council Meeting 7pm
June 2004
June 2 or 9 Joint Meeting w/Baine & SLP Fire Dept. Re: Fire Services-see note at end of Staff
Report
June 7 Work Session 7pm
(Discuss Budget Priorities, Informational Needs)
June 14 EDA Meeting 630pm
City Council Meeting 7pm
June 28 EDA Meeting 630pm
City Council Meeting 7pm
July 2004
July 6 Work Session 7pm
July 12 EDA Meeting 630pm
City Council Meeting 7pm
July 26 EDA Meeting 630pm
City Council Meeting 7pm
Item No 11B(1)
Meeting Date: April 26, 2004
Type of Business: Reports
Page 2
August 2004
Aug 2 Work Session 7pm
(City Council Reviews General Fund Budget)
Aug 9 EDA Meeting 630pm
City Council Meeting 7pm
Aug 23 EDA Meeting 630pm
City Council Meeting 7pm
September 2004
Sept 7 Work Session 7pm
(Long-Term Vision Review, 10 Year Plan, Service Delivery, Revenue Review-
facilitated?)
Sept 13 EDA Meeting 630pm
City Council Meeting 7pm
Sept 20 Special Work Session 7pm
(Council Reviews Operating Budgets for other Funds)
Sept 27 EDA Meeting 630pm
City Council Meeting 7pm
October 2004
Oct 4 Work Session 7pm
(Council reviews utility rate study)
Oct 11 EDA Meeting 630pm
City Council Meeting 7pm
Oct 25 EDA Meeting 630pm
City Council Meeting 7pm
November 2004
Nov 1 Work Session 7pm
Nov 8 EDA Meeting 630pm
City Council Meeting 7pm
Nov 22 EDA Meeting 630pm
City Council Meeting 7pm
Item No 11B(1)
Meeting Date: April 26, 2004
Type of Business: Reports
Page 3
December 2004
Dec 6 Special City Council Meeting 6pm
(Truth in Taxation Hearing)
Work Session 7pm
Dec 13 EDA Meeting 630pm
City Council Meeting 7pm
(Adoption of 2004 Budget & Tax Levy)
Dec 27 EDA Meeting 630pm
City Council Meeting 7pm
The Blaine/ Mounds View/Spring Lake Fire Department would like a meeting scheduled with City
Council Members on Wednesdays, either first or third Wednesday of each month to discuss Fire
Department issues. The meeting would be located at the Fire Department. Please review your
schedules to see which Wednesdays would work for the City Council.
Changing City Council Start Time
In addition, Staff was directed by City Council on whether to change the Work Session and City Council
Meeting times to an earlier time. There is nothing that Staff research that would prohibit changing the
Work Session start times. However, for City Council to change the time for City Council Meetings it
must be passed by an Ordinance. According to §3.02 of the City Charter:
The Council shall meet regularly at least twice each month at such times and
places as the City Council may designate by ordinance. The Mayor or any two
members of the Council may call special meetings of the Council upon at least twenty-
four notice to each member, and such reasonable public notice as may be prescribed by
Council rule in compliance with the laws of Minnesota. The twenty-four notice shall not
be required in an emergency. To the extent provided by law, all meetings of the Council
and its committees shall be public, and any citizen shall have access to the minutes and
records of the Council at all reasonable times. During any of its public meetings, the
Council shall not prohibit, but may place reasonable restrictions upon citizen’s comments
and questions.
Please direct Staff how you would like to proceed in changing the time of the City Council Meetings.
Be advise that there is an EDA Meeting at 630pm, and any move to change the time of the City Council
Meeting will effect the EDA Meeting start time.
Respectfully Submitted,
_______________________
Kurt Ulrich, City Administrator
The
Ramsey County
League of
Local
Governments
Invites you
to attend
Thursday
April 29
7:00 p.m.
Mounds View
Community
Center
Across the street from
the City Hall on Hwy 10
& Edgewood Drive.
Across Cty Rd 10 from
the Wynnsong Movie
Theater.
PLEASE
RSVP
to
Lynn
@
Government
Training
Services
lgavin@mngts.org
651.222.7409x203
RCLLG Mission
Our mission is to foster
cooperation among Ramsey
County units of
government, thereby
increasing the effectiveness
of public service delivery.
Property Taxes - Levy Funds – Market Values
Local Taxes - Adjustments and Appeals
General Fund - Other Funds – Capital Borrowing
Reserve Accounts - State Aid
and the list goes on!
State $ County $ Municipal Government $ Schools
We all have to admit…
It’s CC OO NN FF UU SS II NN GG !
Don’t miss this opportunity to walk & talk through the basics
“Finance 101”
Meeting Agenda (draft):
Overview of the State and Local Government Tax and Revenue
System
Matt Smith, Director, Finance & Management Services, City of St. Paul
• How the income & property tax system works relative to state aids & local tax revenues to cities,
school districts, counties, & other local & regional governments.
• Education financing reform of 2002 & implications to local government
• State aids vs property tax philosophy
• Cash flows & working capital issues for local government Overview of the Ramsey County Property Tax System Chris Samuel, Manager, Ramsey County, Property Records and Revenue
• Setting local government & county levies
• Process for determining property market values
• Process for determining taxable property market values
• Property valuation adjustments
• Property tax appeals Overview of the Funding & Revenue Determination for
Minnesota Public Education
John Maas, Director, Administrative Support, Mounds View School District
• Revenue Determination:
• Sources for General Fund revenue
• Sources for other fund revenues
• General Fund cash flow
• Working capital borrowing
• General Fund working capital issues
Overview of the Funding Decisions for Municipal Government Mark Sather, City Manager, City of White Bear Lake
• Revenue Determination
• Sources for General Fund revenue
• Sources for other fund revenues
• Other fund sources
• General Fund cash flow practices
• Working capital borrowing
• General Fund working capital issues
• Market Value Homestead Credit impact on revenue
Discussion and Sharing