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HomeMy WebLinkAboutAgenda Packets - 2004/05/10CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, May 10, 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 6251 Proclamation for National Police Week B. Introduction of the New Mounds View Police Officers (no staff report) C. Resolution 6236 Resolution of Appreciation for Boy Scout Troop 367 for their hard work and dedication in making the City of Mounds View a cleaner place. D. Tony Bennett (District 1) and Jan Wiessner (District 2) Ramsey County Commissioners would like to speak to Council on County and City issues. (no staff report) E. Proclamation for National Public Works Week – Resolution 6239 F. Resolution No. 6240 Appointing Dale Aukee to the Park and Recreation Commission G. Proclamation for Arbor Day – Resolution 6238 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 6203 Authorizing the Preparation of a Site Plan, Construction Plans, Specifications, and Consultant Selection for the Groveland Park Shelter Building Replacement Project C. Schedule Executive Session Immediately following today’s City Council Meeting to discuss labor negotiations/issues (Conf. Room C) D. Resolution 6231 approving Step Increase for David Parker. E. Resolution 6249 Acceptance and Final Payment for the Water Tower Project F. Resolution 6242 Approving a revised Joint Powers Agreement with Spring Lake Park for the reconstruction of the Lakeside Lions Park Parking Lot G. Resolution 6243 Approving a Cooperative Agreement between the City of Spring Lake Park and the Minnesota Department of Natural Resources for the Lakeside Lions Park Fishing Pier H. Resolution 6178 Authorizing the development of a request for proposal (RFP) for work associated with the implementation of the County Road 10 Redevelopment and Revitalization Plan I. Resolution 6245 Electing to Retain the Statutory Tort Limit on Liability for the 2004/2005 Insurance Policies. J. Resolution 6246 Declaration of Official Intent for the Sale of Bonds to Reimburse the City for costs of the 2003 Street Improvement Project, Phase I. K. Resolution 6247 Approving the Lease for a Copy Machine from Savin. L. Set a Public Hearing for Monday, May 24, 2004 at 7:05 PM to Consider the “Velmeir CVS Addition” Preliminary Plat, Rezoning and Development Review. M. Set a Public Hearing for Monday, June 21, 2004 at 7:05 PM to Consider the Proposed Adoption of a Modification to the Development Program for the Mounds View Economic Development Project. 9. COUNCIL BUSINESS A. 7:05 PM Public Hearing, Second Reading and Adoption of Ordinance 733, an Ordinance Amending the Zoning Code Relating to Outdoor Temporary Sales (ROLL CALL VOTE) B. 7:10 PM Public Hearing to Consider Resolution 6225 Approving an Off-Sale Intoxicating Liquor License for Big Top Liquors (Sid’s Discount Liquors) Located at 2577 Highway 10. C. 7:15 PM Public Hearing, Second Reading and Adoption of Ordinance 735, an Ordinance Amending the Zoning Code Relating to Temporary Tents and Membrane Structures in Commercial/ Industrial Districts (ROLL CALL VOTE) D. 7:20 PM Public Hearing, Second Reading and Adoption of Ordinance 736, an Ordinance Amending Section 4.02 of the Mounds View City Charter. (ROLL CALL VOTE) E. 7:25 PM Public Hearing to Consider the “Hidden Hollow” Preliminary Plat F. Resolution 6241 Changing Name of the Golf Course to The Bridges of Mounds View. G. Review of Charter Commission Resolution No. 2003-04; Recommendations for Modifications to Section 2.06 of the City Charter (Mayor’s Powers and Duties) and Section 4.05 of the City Charter (Vacancy of Municipal Elected Office). H. Charter Commission Resolution No. 2003-05; Recommendations for Modifications to Section 5 of the City Charter (Initiative, Referendum and Recall). I. Resolution 6164 Approving the Purchase of a Replacement Sewer Televising Unit J. Resolution 6248 Adopting City Vision and Mission Statement, Goals Program, Values Statement, and Rules of Conduct (Power Point presentation) K. Resolution 6237 Longevity Increase for Keith Czarnecki (PD) L. Resolution 6244 Establishing Financing for the Mounds View Manufacturing Home Park Second Access Project 10. APPROVAL OF MINUTES A. City Council Minutes April 26, 2004 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff (1) Golf Course Memo (2) Quarterly Cable Department Update C. Reports of City Attorney (1) Letter from Kennedy & Graven re: Hennepin County District File No. CT-02-016741 12. Next Council Work Session: (Special) Monday, May 17, 2004 at 6pm Next Council Meeting: Monday, May 24, 2004 at 7pm 13. Recess to Executive Session Item No. 6A Meeting Date: May 10, 2004 Type of Business: Special Order WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ RESOLUTION NO. 6251 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAMING THE WEEK OF MAY 9, 2004 THROUGH MAY 15, 2004 AS “NATIONAL POLICE WEEK” WHEREAS, on October 1, 1962 President John F. Kennedy signed public law 87-726 which declared May 15 as Peace Officers Memorial Day to honor the Federal, State, and municipal officers who die or are disabled in the line of duty; and WHEREAS, the calendar week of each year during which May 15 occurs was designated as National Police Week; and WHEREAS, the Police Officers of Mounds View have worked devotedly and selflessly in behalf of the people of this City, regardless of the peril or hazard to themselves; and WHEREAS, these officers by their patriotic service and their dedicated efforts have earned the gratitude of the City. NOW, THEREFORE, I, Jerry Linke, Mayor of the City of Mounds View, do hereby proclaim the week of May 9 through May 15, 2004 as NATIONAL POLICE WEEK in The City of Mounds View, and I call upon all citizens and civic organizations to show appreciation to the loyal law enforcement officers of the Mounds View Police Department. Adopted this 10th day of May, 2004 ______________________________________ Jerry Linke, Mayor ATTEST: ______________________________________ Kurt Ulrich, City Administrator (seal) RESOLUTION NO. 6236 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO BOY SCOUT TROOP 367, DEN 1 FOR THEIR HARD WORK AND DEDICATION IN MAKING MOUNDS VIEW A CLEANER PLACE WHEREAS, on April 5, 2004, Boy Scout Troop 367, Den 1, took great initiative to clear the grounds of litter and debris at the Mounds View Community Center and the lot adjacent to it; and WHEREAS, Boy Scout Troop 367, Den 1, has gained the gratitude of the Mounds View City Council in helping make the City of Mounds View a cleaner place to live; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View on behalf of the residents of Mounds View, expresses its appreciation to Boy Scout Troop 367, Den 1, for their hard work, devotion and dedication of service to the City of Mounds View. Adopted this 10th day of May, 2004. ATTEST: Mayor Jerry Linke Councilmember Quick Councilmember Stigney Councilmember Gunn Councilmember Marty City Administrator Ulrich Item No. 6E Meeting Date: May 10, 2004 Type of Business: Special Order WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ RESOLUTION NO. 6239 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAMING THE WEEK OF MAY 16, 2004 THROUGH MAY 22, 2004 AS “NATIONAL PUBLIC WORKS WEEK” WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the community’s understanding of the importance of the work they perform. NOW, THEREFORE, I, Jerry Linke, Mayor of the City of Mounds View, do hereby proclaim the week of May 16 through May 22, 2004 as NATIONAL PUBLIC WORKS WEEK in The City of Mounds View, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Adopted this 10th day of May, 2004 ______________________________________ Jerry Linke, Mayor ATTEST: ______________________________________ Kurt Ulrich, City Administrator (seal) Item No. 6G Meeting Date: May 10, 2004 Type of Business: Special Order WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ RESOLUTION NO. 6238 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAIMING MAY 18, 2004 AS “ARBOR DAY” WHEREAS, the City of Mounds View has been recognized for twenty-two consecutive years as a Tree City USA by the National Arbor Day Foundation for its efforts in urban forestry; and WHEREAS, trees in our City beautify our surroundings, shade our parks and residences, increase property values, and enhance the economic vitality of business areas, and WHEREAS, neighbors and concerned citizens will be planting trees at Groveland Park; and NOW, THEREFORE, BE IT RESOLVED that May 18, 2004, be declared Arbor Day in Mounds View and public-spirited and foresighted citizens be called upon to assist in the planting of trees now for the use and enjoyment of present and future generations. Adopted this 10th day of May, 2004 (SEAL) ______________________________________ Jerry Linke, Mayor (ATTEST): ______________________________________ Kurt Ulrich, City Administrator Item No: 08A Meeting Date: May 10, 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. All Cities Sign – Sign - New Burnsville Heating & Air Conditioning LLC – HVAC – New Earth Wizards, Inc. – Asphalt - New McGough Construction – General (Commercial) – Renewal Staff Recommendation: Approve license applications as requested. Respectfully submitted, Barbara Benesch Item No. 8B Meeting Date: May 10, 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. 6203 Authorizing the Preparation of a Site Plan, Construction Plans, Specifications, and Consultant Selection for the Groveland Park Shelter Building Replacement Project Background: Approximately twenty years ago, the City purchased four (4) temporary schoolroom buildings to be relocated within City Parks. These were located at Woodcrest, Random, Hillview, and Groveland Parks. The Woodcrest building was removed several years ago and the Hillview building was recently replaced with a permanent concrete block structure at an approximate cost for $180,000. Discussion: In the summer and fall of 2003 the Parks and Recreation Commissioners performed a “Parks Needs Analysis”. As part of this analysis, the park buildings at Random and Groveland parks were analyzed. The analysis included a thorough examination of the physical structure and review of the aesthetics. It was determined that the Random building was in fair shape and safe to use for several more years. The Groveland building, however, was found to be in much worse condition, suffering from decay and mold problems. Although deemed structurally safe for the next year or so, the Parks and Recreation Commission classified the Groveland building as a possible park replacement project. Using the cost estimate from the Hillview project, the replacement of the Groveland building was compared to other needs within the City park system. Based on this analysis, the Parks and Recreation Commissioners recommended that the process for replacing the Groveland building begin in 2004 with an estimated cost of $20,000 to perform the site plan, constructions plans, and specifications. The construction was recommended to occur in 2005 at an estimated cost of $180,000. Parks and Recreation Commissioners also recommended that funds for both the planning and construction phases be derived for the Park Dedication Fund. The replacement of the Groveland Building is shown in the City’s draft Capital Improvement Program (CIP). The Commissioners have indicated a preference and made a motion to model the Groveland building after the Hillview building. There are several small revisions that are recommended by the Commissioners. These include creating a serving area and adding a sink. This will accommodate gatherings and social held at the park. To diversify the use of the building, a small revision was suggested to add a small storage for tables and chairs. Preliminary Report – Based on the nature of this public improvement, a feasibility report will not be necessary. Site Plan – In an effort to save money, Staff will be performing most tasks associated with developing a site plan. This will include obtaining elevations in Groveland Park, determining the location of the building, developing a grading and erosion control plan, and developing a utility plan for the water and sewer service. Minimal assistance may be needed from a consultant. Construction Plans and Specification – Based on the recommendation of the Parks and Recreation Commission, the plans and specification for the Hillview building will be used – with some minor modifications Consultant Selection – There are several engineering consultants within the City’s “consultant pool” from whom services could be obtained. However, since the Parks and Recreation Commissioners have indicated a preference and made a motion to model the Groveland building after the Hillview building, it makes sense to hire the same firm that created the plans for the Hillview building: TKDA. Staff recommends that the Council retain the services of the engineering firm of TKDA to assist in the preparation of the plans and specifications and other aspects of this project. What’s Next – The 2004 budget (Account No. 285-4470-3030) has $20,000 under Park Dedication Fund for professional services associated with designing the Groveland Park Building. Assuming that the same plans that were used in the Hillview Building are used for the Groveland Building, the estimated cost for professional service to create plans and assist the City through the planning stage is about $3,000 to $5,000. The exact amount will depend on the amount of revisions sought by the City. When the draft site and construction plans are completed later this summer, they will be presented to the Parks and Recreation Commissioners and the City Council. The City will also conduct a neighborhood meeting to solicit input from nearby property owners and any other interested parties. At that time the City Council will decide if this project should proceed or not. If so, the City Council will need to order the project and set a bid date. Recommendation: It is recommended the City Council approve a resolution authorizing the preparation of a site plan, construction plans, specifications, and consultant selection for the Groveland Park Shelter Building Replacement Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6203 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PREPARATION OF A SITE PLAN, CONSTRUCTION PLANS, SPECIFICATIONS, AND CONSULTANT SELECTION FOR THE GROVELAND PARK SHELTER BUILDING REPLACEMENT PROJECT WHEREAS, approximately twenty years ago, the City purchased four (4) temporary schoolroom buildings to be relocated within City Parks; and WHEREAS, in the summer and fall of 2003 the Parks and Recreation Commissioners performed a “Parks Needs Analysis”; and WHEREAS, the Groveland building was found to be in poor condition, suffering from decay and mold problems; and WHEREAS, the Parks and Recreation Commissioners recommended that the Groveland Park shelter building be replaced with the planning stage beginning in 2004 and construction in 2005 and; WHEREAS, the estimated cost of $3,000 to $5,000, the site plan, constructions plans, and specifications will be derived from the Park Dedication Fund of the 2004 budget (Account No. 285-4470-3030); and WHEREAS, Staff recommends that the Council retain the services of the engineering firm of TKDA to assist in the preparation of the plans and specifications and other aspects of this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Said improvements shall hereafter be known and referred to as the Groveland Park Shelter Building Replacement Project. 2. That the preparation of the site plans, construction plans, and specifications for the Groveland Park Shelter Building Replacement Project is hereby authorized. 3. The services the engineering firm of TKDA shall be retained to assist in the preparation of the site plans, construction plans, specifications, and any other planning phase aspects of this project, as directed by City Council. 4. The estimated cost of the planning phase of this project is $3,000 to $5,000, to be derived from 2004 budget (Account No. 285-4470- 3030) Park Dedication Fund for professional services associated with designing the Groveland Park Building. 5. The execution of a letter of agreement with TKDA for the preparation of the site plans, construction plans, specifications, and any other planning phase aspects of this project is hereby authorized. Adopted this 10th day of May 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 08D Meeting Date: May 10, 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 and Wage Increase for City Employee 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 who are currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below have more than satisfactorily performed in the capacity of his/her position documented in his/her performance review 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. 8F Meeting Date: May 10, 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. 6242 Approving the Revised Joint Powers Agreement with the City of Spring Lake Park for the Lakeside Lions Park Parking Lot Bid Alternate and Authorization of Execution Background: On March 22, 2004, the City Council approved Resolution No. 6201 authorizing the execution of a Joint Powers Agreements (JPA) with the City of Spring Lake Park for work proposed to be completed on Hillview Road associated with the 2003 Street Improvement Project. There is a portion of Hillview Road from Pleasant View Drive to Spring Lake Road where both the City of Mounds View and the City of Spring Lake Park share jurisdiction (Mounds View on the south side and Spring Lake Park on the north). To include this roadway segment in the project required the execution of a Joint Powers Agreement between the two cities. An estimated total of $52,650 will be assigned to the City of Spring Lake Park. The City’s legal counsel drafted a standard Joint Powers Agreement to address the Hillview Road issue. On March 22, 2004, the City Council also approved the execution of this agreement. Discussion: On May 24, 2004 Staff will present to the City Council the awarding of the contract for the 2003 Street Improvement Project. This project was bid with a base bid for the street project, a bid alternate number one for the sidewalk on Groveland Road, and bid alternate number two for the reconstruction of the Lakeside Lions Park Parking Lot. In order to allow awarding reconstruction of the Lakeside Lions Park Parking Lot bid alternate number two, the original Joint Powers Agreement approved on March 22, 2004 with the City of Spring Lake Park will need to be revised to allow for the installation of the parking lot at the Lakeside Lions Park, should the City Council wish to include it in this project. The City’s legal counsel has recently revised the Joint Powers Agreement previously approved on March 22, 2004 to include the parking lot at the Lakeside Lions Park. A copy of the revised Joint Powers Agreement has been attached for the City Council’s review. Staff is requesting approval of the revised Joint Powers Agreement with the City of Spring Lake Park for the reconstruction of the Lakeside Lions Park Parking Lot and authorization to have the Mayor and City Administrator execute the agreement upon the event that the City Council awards the Lakeside Lions Park Parking Lot bid alternate. Recommendation: It is recommended the City Council approve the revised Joint Powers Agreement with the City of Spring Lake Park for the Lakeside Lions Park Parking Lot bids alternate and authorize the Mayor and City Administrator to execute the agreement. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6242 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE REVISED JOINT POWERS AGREEMENT WITH THE CITY OF SPRING LAKE PARK FOR THE LAKESIDE LIONS PARK PARKING LOT BIDS ALTERNATE AND AUTHORIZATION OF EXECUTION WHEREAS, On March 22, 2004, the City Council approved Resolution No. 6201 authorizing the execution of a Joint Powers Agreements (JPA) with the City of Spring Lake Park for work proposed to be completed on Hillview Road associated with the 2003 Street Improvement Project; and WHEREAS, On May 24, 2004 Staff will present to the City Council the awarding of the contract for the 2003 Street Improvement Project; and WHEREAS, this project was bid with a bid alternate number two for the reconstruction of the Lakeside Lions Park Parking Lot; and WHEREAS, in order to allow awarding reconstruction of the Lakeside Lions Park Parking Lot bid alternate number two, the original Joint Powers Agreement approved on March 22, 2004 with the City of Spring Lake Park will need to be revised to allow for the installation of the parking lot at the Lakeside Lions Park should the City Council wish to include it in this project; and WHEREAS, the City’s legal counsel has recently revised the Joint Powers Agreement previously approved on March 22, 2004 to include the parking lot at the Lakeside Lions Park. NOW, THEREFORE, BE IT RESOLVED by the Mounds View City Council of the City of, Ramsey County, Minnesota as follows: 1. That the revised joint powers agreement with the City of Spring Lake Park for the reconstruction of the Lakeside Lions Park Parking Lot, bid alternate number two, is hereby approved. 2. That the Mayor and City Administrator are hereby authorized to execute said agreement. 3. That execution of said agreement is contingent upon the Spring Lake Park City Council approving said agreement. 4. That execution of said agreement is contingent upon the Mounds View City Council awarding bid alternate number two of the 2003 Street Improvement Project. Adopted this 10th day of May 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator AGREEMENT FOR THE ADMINISTRATION AND DIVISION OF COSTS FOR STREET IMPROVEMENTS FOR HILLVIEW ROAD (BETWEEN PLEASANT VIEW DRIVE AND SPRING LAKE ROAD) AND LAKESIDE LIONS PARK IN THE CITIES OF MOUNDS VIEW AND SPRING LAKE PARK THIS AGREEMENT, made and entered into this ______ day of ______________, 2004, and between the City of Mounds View, Minnesota, a municipal corporation, hereinafter called “Mounds View”, and the City of Spring Lake Park, Minnesota, a municipal corporation, hereinafter called “Spring Lake Park”. WHEREAS, Mounds View and Spring Lake Park share a common boundary street between Pleasant View Drive and Spring Lake Road; said boundary street being known as Hillview Road; and WHEREAS, both Mounds View and Spring Lake Park desire grading, bituminous paving, curb and gutter, storm drain, and other related improvements of said Hillview Road; and WHEREAS, Mounds View and Spring Lake Park share a common boundary within Lakeside Lions Park; and WHEREAS, both Mounds View and Spring Lake Park desire grading, bituminous paving, curb and gutter, storm drain, and other related improvements to the parking lot located at Lakeside Lions Park; and WHEREAS, the word “Improvements” as stated and used in this Agreement shall mean all Hillview Road street and utility improvements (as constructed between Pleasant View Drive and Spring Lake Road in Mounds View and Spring Lake Park) and all Lakeside Lions Park parking lot improvements, including project development, preliminary and final engineering, administration, construction, inspection, and all other cost and work items described herein; and WHEREAS, Minnesota Statutes Chapter 471.59 provides that municipalities may enter into a joint powers agreement providing for the division of costs for such Improvements; and WHEREAS, the total costs for the Improvements shall be shared by Mounds View and Spring Lake Park in accordance with the terms of this Agreement. NOW, THEREFORE, IT IS AGREED, by the city council of the city of Mounds View and the city council of the city of Spring Lake Park that: SECTION A PROJECT SUMMARY 1. The Improvements and financing shall be performed in accordance with the terms of this Agreement, the requirements of Minnesota Statutes Section 429, and each City’s respective codes, policies, and regulations. 2. Mounds View and Spring Lake Park agree to develop a preliminary design for the Improvements. 3. Surveys, data, collection, and preparation of plans for preliminary design shall be performed by the City of Mounds View. 4. Upon review and approval of a preliminary design by Mounds View, a completion of final design (including the preparation of plans and specifications) shall be performed by Mounds View. 5. Plans and specifications shall be approved by the city council of Mounds View prior to releasing an advertisement for bids. Contract award to the lowest responsible bidder will be conducted by the city council of Mounds View. 6. Construction engineering, including bid openings, contract administration, other agency submittals, staking and inspection, and contract management shall be performed by Mounds View. 7. Final contract payment shall occur only after final acceptance of the Improvements by the city council of Mounds View and the city council of Spring Lake Park. 8. Mounds View shall invoice Spring Lake Park for reimbursement of Spring Lake Park’s share of the costs of the Improvements in accordance with this Agreement. SECTION B COST ALLOCATION 1. All costs of the Improvements shall be shared 50 percent each by Mounds View and Spring Lake Park unless stated otherwise in this Agreement. Mounds View and Spring Lake Park shall fund each of their cost obligations in accordance with State of Minnesota Statutes Chapter 429, and each City’s respective policies and regulations. The costs of the Improvements shall include, but not be limited to the following: surveys and data collection, preparation of drawings and exhibits, preliminary and final design, preparation of plans and specifications, contract administration, administrative and legal costs, consulting engineering fees as needed, private utility costs, testing, and all contract construction costs. 2. The estimated total of Spring Lake Park’s costs pursuant to this Agreement, is $52,650 for the Hillview Road portion of the Improvements and $56,500 for the Lakeside Lions Park portion of the Improvements, with Spring Lake Park’s actual total cost for the Improvements being determined upon final completion of the Improvements. 3. Upon award of a contract, Mounds View shall invoice Spring Lake Park for its share of all costs incurred prior to said contract award. 4. Project cost administration shall be performed by Mounds View, including payments to the contractor. Mounds View shall invoice Spring Lake Park for its share of payments made to the contractor at the time each payment is made to the contractor. 5. Spring Lake Park agrees to pay any invoices received from Mounds View in accordance with this Agreement and within 30 days. SECTION C MAINTENANCE RESPONSIBILITIES 1. Maintenance and upkeep of the Improvements after completion shall be in accordance with existing policies and responsibilities in place prior to construction of the Improvements. SECTION D MISCELLANEOUS PROVISIONS 1. Compliance with Laws. The parties agree to comply with all laws, ordinances and regulations of Minnesota applicable to this Agreement and the construction of the Improvements. This Agreement shall be construed and enforced according to the laws of Minnesota. 2. Indemnification. a. Indemnification of Mounds View. Notwithstanding anything to the contrary in this Agreement, Mounds View, its officers, agents, and employees shall not be liable or responsible in any manner to Spring Lake Park, Spring Lake Park's successors or assigns, Spring Lake Park's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. Spring Lake Park, and Spring Lake Park's successors or assigns, agree to protect, defend and save Mounds View, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. b. Indemnification of Spring Lake Park. Notwithstanding anything to the contrary in this Agreement, Spring Lake Park, its officers, agents, and employees shall not be liable or responsible in any manner to the Mounds View, Mounds View's successors or assigns, Mounds View's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. Mounds View, and Mounds View's successors or assigns, agree to protect, defend and save Spring Lake Park, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. 3. Notices. Any notices or correspondence required to be given under this Agreement or any statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage-prepaid by certified mail, return receipt requested: a. As to Mounds View: City of Mounds View 2401 Highway 10 Mounds View, MN 55112 ATTN: City Administrator b. As to Spring Lake Park City of Spring Lake Park 1301 81st Avenue NE Spring Lake Park, MN 55432 ATTN: City Administrator or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 4. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 5. Nonwaiver. If either party waives any default or non-performance by the other party in writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 6. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement are incorporated into and made a part of this Agreement. 7. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the subject matter addressed herein and supersedes all other prior agreements and understandings, written or oral, between the parties. 9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto or their successors. 10. Contract Administration. To the degree permitted by state law, Spring Lake Park designates Mounds View as its representative authorized to act on Spring Lake Park’s behalf with respect to this Agreement. To the degree permitted by state law, Mounds View designates its City Administrator, or his/her designee as authorized in writing, as its representative authorized to act on Mounds View’s behalf with respect to this Agreement. 11. Limitations. This Agreement is not intended to and shall not create rights of any character whatsoever in favor of any person, corporation, association or entity other than the parties to this Agreement and their successors and assigns, and the obligations herein assumed are solely for the use and benefit of the parties to this Agreement and their successors and assigns. 12. Non-Assignment. The parties hereto agree that neither party shall assign, sublet, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the non-assigning party. 13. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. 14. Data Practices. Data provided to either party or received from either party under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. [The remainder of this page is intentionally blank.] IN TESTIMONY WHEREOF, the City of Mounds View has caused this Agreement to be executed the day and year first above written. CITY OF MOUNDS VIEW By: _______________________________________ Jerry Linke, Mayor By: _______________________________________ Kurt Ulrich, City Administrator IN TESTIMONY WHEREOF, the City of Spring Lake Park has caused this Agreement to be executed the day and year first above written. CITY OF SPRING LAKE PARK By: _______________________________________ ________________________________, Mayor By: _______________________________________ _______________________, City Administrator This document drafted by: Kennedy & Graven, Chartered (SJR) 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Item No. 08L Meeting Date: May 10, 2004 Type of Business: Consent Agenda Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6247 Approving the Lease for a Copy Machine from Savin Background: The Mounds View Community Center has a duplicating machine that dates from when the city had its own recreation department and a copy machine that is five years old. Both machines are owned by the City and have received maintenance under contract from Stringer Business Systems. The duplicating machine has received little use in recent years due to changes in office practices. The copy machine is a Stringer 7320 that was purchased on 7/1/1999. It is used more extensively but suffers from increasing maintenance problems, down time, and poor copy quality. Representatives of the YMCA appeared before the City Council at the April 5th meeting and expressed the need for the replacement of this copier. The City Council asked staff to research options and report back. The 2004 YMCA budget includes $2,000 for the maintenance of these two machines. Stringer Business Systems has been aggressive at raising prices on its maintenance contracts. Over the last four years, these have gone up at least 10% and sometimes 25% per year. I estimate that it would cost $2,200 to continue the contracts through the end of 2004. The YMCA also has an ink-jet type fax machine that we believe is about five years old. It isn’t failing at this time, but that could change. Replacing it with a similar machine would only cost a few hundred dollars. Machines of this type have a high cost per page for supplies. Recommendation: I am recommending that the City replace the copy machine, the duplicator, and the fax machine with one new copy machine that could serve all those functions and also be a computer network printer. It would be a Ricoh 2035eSP and would be leased from Savin, Inc. for a period of five years. This would be under a Hennepin County Cooperative Purchasing contract, which represents massed buying power that the City of Mounds View wouldn’t have on its own. Savin happens to hold the Hennepin County contract for copier machines. This constitutes a sealed bid even though one isn’t required in this case. The City leased three Savin copiers this way last year with good results. We are just entering the second year on these machines and Savin is providing maintenance at no increase over the first year. The base lease would be $168.00 per month or $2,016.00 per year. The maintenance contract would include toner supplies and cost $511.20 per year, which includes the first 72,000 copies per year. Additional copies would be billed at 0.71 cents per copy. Copier volumes in the past have been between 52,000 and 72,000 per year. Another factor will be that the new copier will be connected to the computer network. Some computer output that is now printed on a LaserJet printer will be shifted to the copy machine. The incremental cost of this shift on the copier side will be 0.71 cents per copy, but only if the total volume exceeds 72,000 per year. Savings on the LaserJet side are difficult to quantify, but LaserJets are reported to have costs of several cents per copy. Costs to the City will include: lease payments of $168.00 per month over 60 months, maintenance costs of $511.20 per year for the first 72,000 copies, plus 0.71 cents per copy over 72,000. The City purchases paper and staples. Savin provides toner, labor, parts and other supplies. Stringer Business Systems also submitted a proposal for a similar machine. Stringer’s first year cost for lease and maintenance is higher than Savin’s and would probably increase in future years. If approved, the new copier will be installed in the Community on about June 30th. Savin will also remove and properly dispose of the old copy machine and duplicator, including any hazardous materials in them. The attached resolution authorizes the lease for 60 months of the copier from Savin Credit Corporation and the disposal of the Stringer 7320 copier and the RA4200 duplicator. Respectfully Submitted, ____________________ Charles Hansen RESOLUTION NO. 6247 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING APPROVING THE LEASE FOR A COPY MACHINE FROM SAVIN WHEREAS, the City needs to replace the copy machine in the Community Center; and WHEREAS, Savin Credit Corporation submitted the lowest cost proposal; and WHEREAS, Savin Credit Corporation will also properly dispose of the old copy machine and duplicator at no additional cost to the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View that a 60 month lease for a Ricoh 4045eSP copier at $168.00 per month and a maintenance agreement on the copier at the rate of $511.20 per year for the first 72,000 copies per year plus $0.0071 per additional copy are hereby approved and the Mayor and City Administrator are authorized to sign the leases and maintenance agreements. BE IT FUTHER RESOLVED, that the disposal of the Stringer 7320 copier and RA4200 duplicator with Savin Inc. is approved. Adopted this 10th day of May, 2004. Jerry Linke, Mayor ATTEST: Kurt Ulrich, City Administrator SEAL Item No: 9A Meeting Date: May 10, 2004 Type of Business: Public Hearing and CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 733, an Ordinance Amending the Zoning Code Relating to Temporary Outdoor Sales; Special Planning Case SP-113-02 Introduction: The introduction and first reading of Ordinance 733 occurred during the City Council meeting on April 26, 2004. Staff has not received any citizen comments regarding this proposed amendment. Discussion: 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. The proposed revision would provide consistency throughout the code and would allow short-term sales to be conducted without the conditional use process. This item was brought before the Planning Commission during two meetings and before the Council at the April 5, 2004 work session and the April 26, 2004 regular meeting. 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 applicant must have written permission from the property owner, 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. The Code revision acknowledges the license exception granted to farmers through the Minnesota Constitution. Temporary Outdoor Sales Report May 10, 2004 Page 2 Recommendation: Hold the public hearing and consider any testimony from citizens. There are three options for action associated with this item: Option 1. Approve the second reading and adoption of Ordinance 733. Adoption of the ordinance will create consistency in the Code and help clarify the requirements for temporary sales that last for more than ten (10) days and for temporary sales that last for less than ten (10) days. Option 2. Table action on the second reading and adoption of the ordinance if additional information is needed to render a decision as to the approval or denial of the amendment. Option 3. Deny the second reading and do not adopt the ordinance. Denial would allow the inconsistency in the Code to remain. The Planning Commission and Staff recommend Council approve the second reading and adoption of Ordinance 733 because the amendment would be correct an inconsistency in the Code and further clarify temporary outdoor sales. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Planning Commission Resolution 751-04 2. Ordinance 733 Temporary Outdoor Sales Report May 10, 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 May 10, 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 May 10, 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: 09B Meeting Date: May 10, 2004 Type of Business: Council Business Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing for 7:10pm, to Consider Resolution 6225 Approving an Off-Sale Intoxicating Liquor License for Applebaum Companies, LLC, dba Big Top Liquors located at 2577 Highway 10 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 Highway 10, and was intending to do business as Sid’s Discount Liquors. However, on May 4, 2004, Applebaum Companies, LLC changed their mind and now would like to change their name to Big Top Liquors. The ownership is still the same. Big Top Liquors will be taking the place of Budget Liquors located at the same address. The public hearing notice for Applebaum Companies, LLC, was published in the April 21, 2004 issue of the Mounds View/New Brighton Bulletin. The proper application materials, fee and proof of insurance have been submitted for Applebaum Companies, LLC, dba Big Top Liquors. Minnesota Bureau of Criminal Apprehension The Minnesota Bureau of Criminal Apprehension has issued a satisfactory report for Applebaum Companies, LLC. Utility Billing (City of Mounds View) The Finance Department states that there are no outstanding billing issues with 2577 Highway 10. Fire Inspection (City of Mounds View Fire Marshall) The City’s Fire Marshall has issued a satisfactory report for 2577 Highway 10. Minor violations have been noted, and these violations have been forwarded to the new owner for correction. Minnesota Department of Revenue Tax Clearance I have submitted to the DOR tax clearance forms for Applebaum, LLC. There are no outstanding taxes to date. Recommendation: Staff recommends that the City Council approve the Off-Sale Intoxicating Liquor License application for Applebaum Companies, LLC, dba Big Top Liquors. Respectfully Submitted, Desaree Crane RESOLUTION 6225 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving a Business License for Applebaum Companies, LLC, dba Big Top Liquors WHEREAS, all City of Mounds View businesses wishing to sell intoxicating liquor must apply to the City for a license; and WHEREAS, a public hearing must be held before intoxicating liquor licenses may be granted; and WHEREAS, Applebaum Companies, LLC (dba Big Top Liquors) has applied for an off-sale intoxicating liquor license at 2577 Highway 10; and WHEREAS, Applebaum Companies, LLC (dba Big Top Liquors) has submitted the proper paperwork and fees and has received the necessary approvals from various City departments and outside organizations; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an off-sale intoxicating liquor license for Applebaum Companies, LLC (dba Big Top Liquors); and NOW, THEREFORE, BE IT FURTHER RESOLVED that the licensing period shall be from May 11, 2004-June 30, 2005. Adopted this 10th day of May, 2004. _______________________________ Jerry Linke, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No: 9C Meeting Date: May 10, 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: Second Reading and Adoption 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: Open the public hearing and consider the second reading and adoption of Ordinance 735. _____________________________________ 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: This section shall represent a summary of Ordinance 735, adopted by the Mounds View City Council on May 10, 2004, and shall be published along with the ordinance title in lieu of the whole ordinance, consistent with the provisions of Mounds View City Charter Section 3.07: SUMMARY Ordinance 735 adopts amendments to the Zoning Code to allow temporary tents and membrane structures in the commercial and industrial zoning districts of the City. Such uses shall be allowed by approval of an Interim Use Permit (IUP), Fire Permit and Zoning Permit. The IUP may be approved for multiple years, however the Fire and Zoning requirements limit such uses to 180 days in duration in a given year. Tents and membrane structures are limited to 5,000 square feet or ten percent of the principal building area, whichever is less. Tents shall not displace parking needed for the principal use unless it can be shown that an adequate number of parking stalls remain for the temporary and principal uses. Tents and similar structures erected for periods not exceeding one week shall not require an IUP, however Zoning and Fire Permits are still required. Ordinance 735, 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/735.pdf. SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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: 9D Meeting Date: May 10, 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: Second Reading and Adoption of Ordinance 736, an Ordinance Amending Mounds View City Charter Section 4.02, “Filing for Office” Introduction: The introduction and first reading of Ordinance 736 occurred during the City Council meeting on April 26, 2004. 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: Open the public hearing and consider the second reading and adoption 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 Item No: 9F Meeting Date: 05/10/04 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg Item Title/Subject: Resolution 6241 to officially identify “The Bridges Golf Course” to “The Bridges of Mounds View Golf Course and Learning Center” Background: The City of Mounds View operates The Bridges Golf Course and Learning Center with an ongoing identity dilemma. The location of the golf course leads one to believe the golf course may be located in the City of Blaine. The name or label is a fundamental element in the strategy to create distinction in the marketplace. Discussion: The golf course has struggled with an identify dilemma primarily due to its proximity to the City of Blaine. The 55449 zip code only adds to further the identity difficulty. Patrons are often surprised to learn the golf course and practice facility is not located in Blaine, but rather is located here in Mounds View. The trade marking or labeling of the golf course has significant impact on market strategies. Branding as “The Bridges of Mounds View” golf course and learning center we promote the identity that is a key to our image. The golfing public holds The Bridges in high regard and it continues to develop a reputation of excellence. However, attracting new golfers to the golf course and learning center could be uncomplicated by this reference. In the interest of increasing recognition by distinctly identifying or trade marking the facility, we will help to diminish this quandary. Thus, the official name of “The Bridges of Mounds View Golf Course and Learning Center” conveys clarification as to who we are. There will be minimal cost associated to make this modification. The name can be phased in over time on any signage, etc. The golf course logo should be updated so from this point forward the revision is included in promotional pieces. It is estimated that the graphics change will be approximately $300. The advertising budget can support the cost of the graphics associated with the change. Recommendation: Staff recommends the municipal golf course be formally known as The Bridges of Mounds View Golf Course and Learning Center. That the name be phased over time to the extent that it is practical as to not bring any negative or undo financial impact from such a change. Respectfully submitted, Mary Burg Golf Course Manager RESOLUTION 6241 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF OFFICIAL NAME THE BRIDGES OF MOUNDS VIEW GOLF COURSE AND LEARNING CENTER WHEREAS, The City of Mounds View operates The Bridges Golf Course and Learning Center; and WHEREAS, In the interest of increasing recognition by distinctly identifying or trade marking the facility; and WHEREAS, the official name of “The Bridges of Mounds View” golf course and learning center conveys clarification; and NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the municipal golf course be formally known as The Bridges of Mounds View Golf Course and Learning Center. Adopted this 10th day of May, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No: 09G Meeting Date: May 10, 2004 Type of Business: Council Business Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Review of Charter Commission Resolution NO. 2003- 04; Recommendations for Modifications to Section 2.06 of the City Charter (Mayor’s Powers and Duties) and Section 4.05 of the City Charter (Vacancy of Municipal Elected Office). Attached is a Charter Commission Resolution for the Council’s consideration regarding Section 2.06 and Section 4.05 of the City Charter. The Charter Commission adopted this Resolution on October 10, 2003. Please discuss and advise Staff if City Council wishes to proceed with processing an Ordinance(s) regarding these sections. Respectfully submitted, _________________________ Kurt Ulrich, City Administrator Item No: 09K Meeting Date: May 10, 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 and Wage Increase for City Employee Background: Officer Keith Czarnecki is a current employee with Mounds View Police Department. Officer Czarnecki’s supervisor has reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that Officer Czarnecki has more than satisfactorily performed in the capacity of his position, and therefore, a longevity wage adjustment from 3% ($4557.02/month) to 5% ($4645.50/month) is consistent with the LELS Labor Agreement. Respectfully Submitted, Desaree Crane Administrative Assistant RESOLUTION 6237 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING STEP ADJUSTMENTS WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has more than satisfactorily performed in the capacity of his position documented in his performance review on file; and WHEREAS, a longevity adjustment is consistent with the LELS Labor Agreement. 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 Officer Keith Czarnecki Police Officer May 6, 1996 3% Longevity $4557.02/month 5% Longevity $4645.50/month May 6, 2004 Adopted this 10th day of May, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No. 9L Meeting Date: May 10, 2004 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 6244 Establishing Financing for the Mounds View Manufactured Home Park Second Access Project Background: At the February 2, 2004 Work Session, Staff presented three funding options for installation of the second access for the Mounds View Manufactured Home Park. These options are listed below. The complete staff report from February is attached. Option No. 1 The City to pay the full estimated cost of $46,000 Staff does not recommend this option. There a clearly a benefit for the Mounds View Manufactured Home Community; they should, therefore, participate in the financing. Option No. 2 City to pay for the work within the City right-of-way and the Park to pay for the work associated with upgrading their driveway City $28,650 / Park $17,350 Staff recommends this option should the City Council wish to help facilitate a second access. This option best assigns cost fairly to the responsible parties. Option No. 3 The Park to pay the full estimated cost of $46,000 Staff does not recommend this option. It is Staff’s opinion that if this amount is to be assessed, the City could not demonstrate full benefit. Much of the proposed work would be performed on a City-owned street, for which the City has jurisdiction. At the February 2, 2004 Work Session, City Council indicated that they would be agreeable to splitting the cost based on where the work was occurring (city right- of-way versus private property). As a result, Council selected Option No. 2 as the preferred option. The City would pay improvements on Belle Lane and Raymond Avenue; the Park would pay for those items associated with the second driveway access. Also at the February 2004 Work Session, Staff indicated that grant funding might be a possible funding source; specifically the Community Development Block Grant (CDBG Grant). This particular grant is available through Ramsey County to assist lower income housing and manufactured home facilities to make improvements in order to make them or keep them desired elements of the community. Discussion: On May 4, 2004, the City secured a CDBG Grant for the purpose of installing a second access. The grant amount is $30,000.00. In anticipation of receiving the grant, Staff brought forth to the City Council the issue of how the grant should be applied as a funding source. Staff is recommending that it be applied proportionately based on the previously agreed City / Park split. Given this, the revised funding is as follows: $28,650.00 Public Street Work $17,350.00 Private Driveway Work $46,000.00 Total estimated cost City’s cost $28,650 – ((28,650/$46,000)*$30,000) $28,650 - $18,685 = $9,965.00 Park’s cost $28,650 – ((17,350/$46,000)*$30,000) $17,350 - $11,315 = $6,035.00 CDBG Grant = $30,000.00 Total Funding $46,000.00 There are an infinite number of ways the grant monies could be applied to this project. • One other option would be to apply the grant 100% to the City’s cost. This would completely eliminate the City’s cost and reduce the Park’s cost by $1,350 - reducing the total to $16,000.00 • Another option would be to not have the Park pay any portion of the project; the City’s cost would then be $16,000.00. At the May 3, 2004, City Council Work Session, the Mayor offered a possible way by which the grant monies could be applied. The proposal was to take the total project cost, reduce it by the amount of the grant and then divide the remaining amount equally between the City and the Park. Given this, the revised funding is as follows: $28,650.00 Public Street Work $17,350.00 Private Driveway Work $46,000.00 Total estimated cost $30,000.00 minus grant amount $16,000.00 to be divided equally City’s cost $8,000.00 Park’s cost $8,000.00 TOTAL FUNDING City Contribution $8,000.00 Park Contribution $8,000.00 CDBG Grant + $30,000.00 Total Funding $46,000.00 Other Financial Factors At this time, the City Council has NOT ordered this project. The purpose of determining the finances / funding sources for providing a second access is so this information can be communicated to the owner of the Mounds View Manufactured Home Park. Should the owner of the Mounds View Manufactured Home Park petition the City for this public improvement by providing a second access, other financial issues will need to be addressed. On April 26, 2004, when declaring the assessments for the 2003 Street Improvement Project, the City Council established that 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. Staff recommends that the same rate and period be applied to this project with the stipulation that a petition of public improvement be made by July 1, 2004. Recommendation: It is recommended the City Council approve a resolution establishing the financing for the Mounds View Manufactured Home Park Second Access Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6244 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING FINANCING FOR THE MOUNDS VIEW MANUFACTURED HOME PARK SECOND ACCESS PROJECT WHEREAS, at the February 2, 2004 Work Session, Staff presented three funding options for installation of the second access for the Mounds View Manufactured Home Park; and WHEREAS, City Council indicated that they would be agreeable to splitting the cost based on where the work was occurring (city right-of-way versus private property). As a result, Council selected Option No. 2 as the preferred option; and WHEREAS, the cost split between City and Manufactured Home Park would be $28,650 / $17,350 respectively under option No. 2; and WHEREAS, on May 4, 2004, the City secured a Community Development Block Grant (CDBG Grant) for the purpose of installing a second access in the amount of $30,000.00; and WHEREAS, there are an infinite number of ways the grant monies could be applied to this project; and WHEREAS, the City Council has not ordered this project; and WHEREAS, the purpose of determining the finances and funding sources for providing a second access is so this information can be communicated to the owner of the Mounds View Manufactured Home Park; and WHEREAS, there are other financial factors that should be determined, such as the rate of assessment and payback period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: COUNCIL TO SELECT EITHER PARGRAPH 1A OR 1B 1A. The amount to be assessed to the Mounds View Manufactured Home Park will be determined by taking the total project cost, multiplying it by 37.7 percent, then subtracting the grant amount multiplied by 37.7 percent. 1B. The amount to be assessed to the Mounds View Manufactured Home Park will be determined by taking the total project cost, subtracting the grant amount, then dividing the remaining amount by two (2). 2. 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. 3. Said rate and period will be applied to this project contingent on the property owner submitting a petition of public improvement by no later than July 1, 2004. Adopted this 10th day of May 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 April 26, 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 26, 2004 City Council Agenda. 20 21 MOTION/SECOND: Marty/Quick. To Approve the Monday, April 26, 2004 Agenda as 22 Presented. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 5. PUBLIC INPUT 27 28 None. 29 30 6. SPECIAL ORDER OF BUSINESS 31 32 A. Resolution of Commendation for the Joint Efforts of the Mounds View PD, 33 New Brighton PD, and the Spring Lake Park Fire Department in Response to 34 a Fire at 5045 Sunnyside Road in Mounds View. 35 36 MOTION/SECOND: Linke/Quick. To Approve the Resolution of Commendation for the Joint 37 Efforts of the Mounds View PD, New Brighton PD, and the Spring Lake Park Fire Department in 38 Response to a Fire at 6045 Sunnyside Road in Mounds View. 39 40 City Administrator Ulrich read the Resolution. 41 42 Mayor Linke thanked all the employees of the City for the job they do for residents everyday and 43 then said it is an honor and a privilege to recognize these employees for their life saving efforts. 44 45 Mounds View City Council April 26, 2004 Regular Meeting Page 2 B. Presentation by Bullard (manufacturer of life saving device) that assisted the 1 Spring Lake Fire Department with the fire located at 5045 Sunnyside Road. 2 3 A representative from Bullard addressed Council and indicated that the firefighters would be 4 joining the Save a Life Club which is a reward and recognition program through Bullard 5 recognizing those that save a life using their equipment. He then said that Spring Lake Park is 6 the 43rd department in the country and the first in Minnesota to join. 7 8 The firefighters were given a patch for their uniform and a certificate from Bullard to display as 9 well as a plaque with a medal. 10 11 The representative from Bullard recognized that the life saving efforts were as a result of 12 teamwork and then presented an award to the team that was present at the rescue. 13 14 Fire Chief Zikmund presented the awards to the first two and then to the team. 15 16 The representative from Bullard presented a plaque to Chief Zikmund on behalf of the 17 department for its heroic efforts. He then thanked the entire department and the Mounds View 18 Council for the time on the Agenda. 19 20 Fire Chief Zikmund thanked Council for its time and support of the department and Bullard for 21 thanking and recognizing them. 22 23 Council Member Marty commented that it was good to have Tony at the meeting and thanked all 24 that were involved. 25 26 7. JUST AND CORRECT CLAIMS 27 28 A. Just and Correct Claims 29 30 Council Member Marty asked for clarification of Check Number 113150. 31 32 Public Works Director Lee explained that there is a delivery fee included with the first Biff’s 33 delivered for the year. 34 35 Council Member Marty asked whether Check Number 113247 to Short Elliot Henderson 36 concerning the water tank rehabilitation would be the final bill. 37 38 Public Works Director Lee said there may be one more with a minimal amount of time. 39 40 Council Member Marty asked whether the planning cases listed could be removed if the bills 41 have been billed out and paid. 42 43 Community Development Director Ericson indicated he did not think there would be any more 44 costs associated with those files. 45 Mounds View City Council April 26, 2004 Regular Meeting Page 3 1 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 8. CONSENT AGENDA 6 7 A. Licenses for Approval 8 B. Set a Public Hearing for Monday, May 10, 2004 at 7:20 p.m. to Consider 9 Ordinance 736, an Ordinance Amending the Mounds View City Charter 10 C. Set a Public Hearing for Monday, May 10, 2004 at 7:25 p.m. to Consider the 11 “Hidden Hollow” Preliminary Plat 12 D. Resolution 6229 Appointing Robin Marion to the Part Time Position of 13 Public Service Officer 14 E. Resolution 6233 Authorizing the Expenditure of Park Dedication Funds for 15 the Lakeside Lions Park Fishing Pier 16 F. Cancel Public Hearing for 7:05 p.m. for Introduction of Ordinance 733, an 17 Ordinance Amending the Zoning Code Relating to Outdoor Temporary 18 Sales at 7:05 P.M. and Reschedule the Public Hearing for 7:05 p.m. on 19 Monday, May 10, 2004. 20 G. Cancel Public Hearing at 7:10 p.m., to Consider Resolution 6225, Approving 21 the Off Sale Intoxicating Liquor License for Sid’s Discount Liquors Located 22 at 2577 West Highway 10 and Reschedule the Public Hearing for 7:10 p.m. 23 on May 10, 2004. 24 H. Cancel Public Hearing at 7:15 p.m., for Introduction of Ordinance 735, an 25 Ordinance Amending the Zoning Code Relating to Temporary Tents and 26 Membrane Structures in Commercial/Industrial Districts and Reschedule the 27 Public Hearing for May 10, 2004 at 7:15 p.m. 28 29 Council Member Marty requested that Items D and E be removed for discussion. 30 31 MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, B, C, F, G, and H 32 as Presented. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 D. Resolution 6229 Appointing Robin Marion to the Part Time Position of 37 Public Service Officer. 38 39 Council Member Marty asked whether points were considered and if Robin Marion had the 40 highest points. 41 42 Chief Sommer indicated that there were others that had moved on that were no longer viable 43 candidates for the position. 44 45 Mounds View City Council April 26, 2004 Regular Meeting Page 4 MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 6229, a 1 Resolution Appointing Robin Marion to the Part Time Position of Public Service Officer. 2 3 Council Member Stigney indicated the Resolution did not reflect the salary only Step 1 for the 4 position. 5 6 Chief Sommer indicated that the salary amount is determined based upon the AFSCME contract. 7 8 Council Member Stigney asked Chief Sommer to add the figure to the Resolution. 9 10 Chief Sommer indicated he could add the 2003 amount. 11 12 The Motioner and seconder accepted the friendly amendment to include salary. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 E. Resolution 6233 Authorizing the Expenditure of Park Dedication Funds for 17 the Lakeside Lions Park Fishing Pier. 18 19 Council Member Marty indicated the Staff report reflects that the Spring Lake Park Lions and 20 Fridley Lions are contributing. He then asked whether Fridley is contributing. 21 22 Public Works Director Lee clarified that it is the Fridley VFW that is contributing. 23 24 Council Member Marty asked whether the amount had been reduced to $900.00 from $6,000. 25 26 Public Works Director Lee indicated that due to additional fund raising efforts it was determined 27 that the City needed only $900.00 to cover the shortage rather than the originally projected 28 $6,000. 29 30 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6233, a 31 Resolution Authorizing the Expenditure of Park Dedication Funds for Lakeside Lions Park 32 Fishing Pier. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 9. COUNCIL BUSINESS 37 38 A. First Reading and Introduction of Ordinance 733, an Ordinance Amending 39 the Zoning Code Relating to Outdoor Temporary Sales. 40 41 Planner Prososki indicated there is an inconsistency in the code relating to outdoor temporary 42 sales and this proposed change would eliminate the inconsistency. She then explained the 43 proposed changes. 44 45 Mounds View City Council April 26, 2004 Regular Meeting Page 5 Planner Prososki indicated that she looked into a state rule that allows farmers to sell without a 1 permit and it is Article 13, Section 7 in the constitution that allows farmers to sell without a 2 permit. 3 4 MOTION/SECOND: Quick/Marty. To Waive the Reading, Introduce the First Reading and 5 Approve Ordinance 733, an Ordinance Amending the Zoning Code Relating to Outdoor 6 Temporary Sales. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 B. First Reading and Introduction of Ordinance 735, an Ordinance Amending 11 the Zoning Code Relating to Temporary Tents and Membrane Structures in 12 Commercial/Industrial Districts. 13 14 Community Development Director Ericson indicated that this amendment would address 15 temporary tents and membrane structures as the Code currently does not. He then said the 16 Planning Commission met on this matter multiple times and has recommended that they be 17 regulated by Interim Use Permit to allow the City to place a time restriction on the structures. 18 19 Director Ericson indicated the Planning Commission feels there is justification to amend the 20 Code to allow them in the commercial/industrial zoning districts with a number of requirements 21 by interim use permit. 22 23 Director Ericson reviewed the issues raised at the Council work session. He then explained how 24 the Code was amended to cover all of the sections and reviewed the exceptions. 25 26 Mayor Linke thanked the Commission for its time and efforts on this matter. 27 28 MOTION/SECOND: Quick/Gunn. To Waive the Reading, Introduce the First Reading and 29 Approve Ordinance 735, an Ordinance Amending the Zoning Code Relating to Temporary Tents 30 and Membrane Structures in Commercial/Industrial Districts. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 C. Resolution 6227 Approving a Planned Unit Development Amendment to Add 35 “Religious Institution” to the Permitted Uses for Building N. 36 37 Community Development Director Ericson reviewed the proposal of Bethlehem Lutheran to 38 Amend the PUD to add religious institution to the permitted uses for Building N. 39 40 Director Ericson commented that the City’s Comprehensive Plan supersedes the Zoning Code 41 but they should be consistent. He then indicated this is a question of whether this use would be 42 consistent with what was planned for the site and not a change to the zoning. 43 44 Mounds View City Council April 26, 2004 Regular Meeting Page 6 Director Ericson indicated the financial implications were discussed and the church has put 1 together information included in the staff report and they have adopted a resolution approving a 2 Mounds View service project fund at an initial rate of $25,000 to be increased 2% annually. 3 4 Director Ericson indicated the church has also indicated a willingness to provide the City with an 5 economic development donation to work on developing businesses in town in the amount of 6 $5,000 increasing annually by 2% until the year 2014. 7 8 Director Ericson indicated the City receives $30,000 in tax revenue and if the parcel goes tax 9 exempt the City would lose that and, if it was not in TIF, the City would get $27,000. He then 10 reminded Council that at the last meeting there were many people who spoke to the intangible 11 benefits that the church can bring to the community. 12 13 Director Ericson indicated the issue is whether the Council feels this PUD amendment would be 14 appropriate or whether Council feels the original zoning and original intent of the zoning district 15 is appropriate. 16 17 Mayor Linke thanked Staff for the reports with all of the information pros and cons and said for 18 him it is a very difficult decision. 19 20 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6227, a 21 Resolution Approving a Planned Unit Development Amendment to Add “Religious Institution” 22 to the Permitted Uses for Building N. 23 24 Council Member Marty outlined some of his concerns with the proposal including the time the 25 City spent on the Comprehensive Plan and it supersedes the zoning code. He then said the 26 biggest issue for him is that the church will not bring jobs to the community and, if left vacant, 27 there is the potential that another business could come in and bring jobs to the City. 28 29 Council Member Marty indicated it concerns him that the City would be doing away with jobs 30 that could be had here. He then said that the church has said they will be running the core of this 31 church from Minneapolis and the staff will be out of the downtown office when originally it was 32 said that about 60 people would be employed and that is down to a staff of six. 33 34 Council Member Marty indicated he contacted some of the businesses today and Bethlehem said 35 they would bring people into the area but the primary days would be Sundays and most 36 businesses are closed on Sunday except for the drug stores and gas stations and restaurants. 37 38 Council Member Marty commented that some of the restaurants in town would benefit but he 39 does not see this as bringing in a lot of revenues in sales to the City. 40 41 Council Member Marty expressed concern that the comparisons for tax base lost are in 2004 42 dollars and that amount will grow over the years. 43 44 Mounds View City Council April 26, 2004 Regular Meeting Page 7 Council Member Marty commented that the church has reserved the right to make adjustments in 1 the amounts given to the City if community or church circumstances change significantly so the 2 amounts are not guaranteed. 3 4 Council Member Marty indicated he struggled with his decision but does not feel he could 5 approve this amendment. 6 7 Council Member Gunn indicated she is for this amendment because of the good that the church 8 can do for the community. She then said that the building is going to be empty and the church 9 has offered some monetary compensation to the City in addition to the services they can bring to 10 the community. 11 12 Council Member Stigney said that he would like to say that Bethlehem Baptist may be desirable 13 for the City to have but he disagrees with the location picked for this. He then said this is a TIF 14 district for the purpose of economic development and the reason the building was built was to 15 create jobs and improve the tax base. He further indicated that Mounds View is struggling with 16 taxes dollar wise and he thinks this is a perpetual thing and the dollars are locked in and grow at 17 2% but his taxes continue to go up at an amount much larger than 2% per year. 18 19 Council Member Stigney indicated that his major objection is the dollar amounts because they do 20 not add up as to what he thinks they should and he feels approval of this amendment would be a 21 long term detriment to the taxpayers of this City and he feels that would be irresponsible. 22 23 Council Member Stigney indicated the County and school district would also be excluded from 24 taxes and that impacts all other residents. He then said he feels it is wrong to do it in this 25 location but he would welcome the church to come in another location. 26 27 Mayor Linke indicated that he is concerned with the financials but the church has offered to 28 partially compensate for the amounts the City would lose and the intangibles that the church can 29 provide would be a benefit for the City. 30 31 Mayor Linke commented that he does have concerns about the finances for the City but, on the 32 other hand, the intangibles that the church would bring to the community are a great benefit. He 33 then said that this was a very difficult decision for him but he will vote in favor of this because of 34 the intangibles that are invaluable as a benefit to the community. He further commented that he 35 has put a lot of time, effort, and consideration into his decision. 36 37 Council Member Stigney commented that there is a Highway 10 corridor development going 38 through the area and he thinks the whole area will benefit from keeping it industrial for jobs and 39 rental or leasing. He then said his other point is that he thinks this property could be built out 40 more than what it is right now. He further commented that he thinks this is the wrong location in 41 the City for the church. 42 43 Mayor Linke indicated the property is built out due to the parking requirements. 44 45 Mounds View City Council April 26, 2004 Regular Meeting Page 8 Council Member Marty indicated that this was hard for him to decide but he feels this is his best 1 decision on behalf of the taxpayers in the City. He then said that the taxes in Mounds View right 2 now are higher than surrounding communities and he feels it is his responsibility to look out for 3 the residents and do what he can to keep taxes in line. He further commented that losing this 4 property as a taxable parcel for the City means that the residents and the people that live here will 5 have to pay more as local property taxes will go up. 6 7 Mayor Linke indicated that Finance Director Hansen provided a memo that will be discussed 8 later and he then provided information from the memo concerning the property tax analysis that 9 was done. 10 11 Ayes – 3 Nays – 2(Marty/Stigney) Motion carried. 12 13 D. Second Reading and Adoption of Ordinance 734, an Ordinance Amending 14 Chapter 513 Pertaining to Adult Oriented Businesses. 15 16 Community Development Director Ericson indicated this is the second reading of Ordinance 734 17 amending Chapter 513 and indicated the only change from the last meeting was inputting the 18 $5,000 license fee as discussed at the last meeting and a summary page added to the Ordinance 19 because the City Charter provides Staff with the ability to publish a summary of the Ordinance. 20 21 MOTION/SECOND: Marty/Stigney. To Approve the Second Reading, Waive the Reading and 22 Adopt Ordinance 734, an Ordinance Amending Chapter 513 Pertaining to Adult Oriented 23 Businesses. 24 25 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 E. Resolution 6232 Setting an Assessment Hearing Date of May 24, 2004, 30 Authorizing Advertisement for the Hearing, Declaring Cost to be Assessed, 31 and Ordering the Preparation of Proposed Assessment for the 2003 Street 32 Improvement Project. 33 34 Council Member Marty asked whether the Silver Lake Woods Condominiums could still be 35 included in the project. 36 37 Public Works Director Lee indicated they could be included but it would need to be as a change 38 order. He then noted the Homeowners’ Association was aware of the deadlines and the reason an 39 agreement could not be reached is because there are issues with who owns the streets. 40 41 City Attorney Riggs indicated he has been in discussions with the attorney for the Homeowners’ 42 Association and it was discovered by the Silver Lake Woods folks that there was a transfer of the 43 street so everyone of the unit owners would have to execute the petition. 44 45 Mounds View City Council April 26, 2004 Regular Meeting Page 9 Council Member Stigney asked if a majority of the votes were in favor of doing the streets. 1 2 Public Works Director Lee indicated he was not sure of the vote but was told there were a 3 majority in favor. 4 5 Council Member Quick asked where the City is with Rice Creek Watershed District. 6 7 Public Works Director Lee indicated there has been no official approval but Staff has submitted 8 to them an application and does not anticipate any issues obtaining the permit. 9 10 Council Member Quick indicated he would like a legal binding document of some sort agreeing 11 to the conditions of the permit and stating that no changes will be made once the project has 12 begun. He then asked for information on the storm scepters. 13 14 Public Works Director Lee indicated that there were three locations but now there are two storm 15 scepters and one storm sewer sump at the end of Gloria Circle. 16 17 Council Member Quick expressed concern that Rice Creek did not want anything to do with 18 storm scepters when the City redid Spring Lake Road but they are requiring them on this project. 19 He then asked where the water is coming from that is being handled by these storm scepters. 20 21 Public Works Director Lee indicated that half of the water is from within this project. 22 23 Council Member Quick asked if Rice Creek is paying for half of it. 24 25 Public Works Director Lee indicated that the estimated cost is $20,000 for each at 100% City 26 cost and the city will have to maintain them. 27 28 Council Member Quick asked if there were any other alternatives other than storm scepters. 29 30 Public Works Director Lee indicated they were trying to do infiltration ponds and that won’t 31 work so storm scepters is the only option. 32 33 Council Member Gunn commented that the City has gone all these years without them and asked 34 why they are suddenly necessary. 35 36 Mayor Linke indicated they want to clean up the lake even more even though it is the cleanest in 37 the area. 38 39 Council Member Quick commented that this is another non-elected body spending taxpayer 40 dollars without representation. 41 42 Council Member Gunn asked if the benefit justifies the cost. 43 44 Mounds View City Council April 26, 2004 Regular Meeting Page 10 Public Works Director Lee indicated he has not done a cost benefit analysis but does feel there 1 will be some benefit. 2 3 Council Member Quick asked if it would be better to condemn that one house in the long run and 4 put in a pond. 5 6 Public Works Director Lee indicated he has not discussed this with the DNR but there may be a 7 grant available to help with the installation costs. 8 9 Council Member Stigney asked if there is an opportunity to have Spring Lake Park share in the 10 costs. 11 12 Public Works Director Lee indicated that the bulk of the drainage is coming from Mounds View. 13 14 Mayor Linke asked that these comments be brought up at the public hearing for the benefit of 15 residents. 16 17 MOTION/SECOND: Gunn/Linke. To Waive the Reading and Approve Resolution 6232, a 18 Resolution Setting an Assessment Hearing Date of May 24, 2004, Authorizing the Advertisement 19 for the Hearing, Declaring Cost to be Assessed, and Ordering the Preparation of Proposed 20 Assessment for the 2003 Street Improvement Project. 21 22 F. Resolution 6231 Step Increase for David Parker 23 24 Mayor Linke read Resolution 6231. 25 26 Council Member Stigney asked that the Resolution be revised to reflect that there is only one 27 employee and to correct the hiring dates. 28 29 MOTION/SECOND: Stigney/Marty. To Postpone to the Next Council Meeting. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 G. Resolution 6230 Amending the 2003 Budgets for the General Fund and 34 Police Special Revenue Funds. 35 36 Council Member Marty asked what the police forfeiture special revenue fund is for. 37 38 Finance Director Hansen indicated the police grants’ special revenue fund is used to account for 39 state and federal grants including the juvenile accountability incentive block grant. He then said 40 that some officers time was incorrectly coded to the general fund rather than the grant fund. 41 42 Finance Director Hansen indicated that each year when there is a grant fund and forfeiture the 43 City puts in a nominal amount of spending that the City expects to have and then Staff comes to 44 Council for specific purchases or grants. In this case, there were items that ended up exceeding 45 Mounds View City Council April 26, 2004 Regular Meeting Page 11 the nominal amount and Staff is now coming to Council for approval to increase the budget to 1 reflect what happened. 2 3 MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 6230, a 4 Resolution Amending the 2003 Budgets for the General Fund and Police Special Revenue Funds. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 H. First Reading and Introduction of Ordinance 736, Ordinance Amending the 9 City Charter Section 4.02, Filing for Office. 10 11 MOTION/SECOND: Quick /Marty. To Waive the Reading, Introduce the First Reading and 12 Approve Ordinance 736, an Ordinance Amending the City Charter Section 4.02, Filing for 13 Office. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 I. Community Survey 18 19 City Administrator Ulrich asked Council to discuss whether Members would like to move 20 forward with a community survey at this time or table it for future consideration. 21 22 Council Member Stigney indicated that he would like to wait until it is determined what 23 questions should be asked rather than asking questions that do not assist the City. 24 25 Council Member Gunn said she would like to table this until the Council and Staff work together 26 to formulate questions. 27 28 Council Member Marty indicated that even though the survey could provide important 29 information he does not feel that this is the time to expend funds to do so. 30 31 Council Member Quick said he does not want to do a survey because he feels it is too late in this 32 cycle for this Council to benefit from a survey. 33 34 Mayor Linke said he feels that if this Council does the survey the new Council would benefit 35 from it and it would save them time. He then said that some of the questions from the 1992 36 survey could be used for this survey in order to allow for comparison between the two surveys. 37 38 Council Member Stigney agreed with the premise but said the questions are not there that the 39 City is trying to get answers to. He then said that he does not see the benefit of a general survey 40 and he would like to formulate the survey questions based on specific questions with regard to 41 issues within the City. 42 43 Council Member Stigney indicated he did not say never bring it back but he does not want to 44 conduct it at this time until Council determines the questions that are to be asked. 45 Mounds View City Council April 26, 2004 Regular Meeting Page 12 1 Council Member Gunn said she does not feel that the City is ready to do this but she does not 2 want to completely forego it either. She then said that looking at the old questions would be a 3 start but she feels that there are new questions to be presented. 4 5 Mayor Linke indicated he would like to look at it this year so that the answers are back for the 6 new Council to use during planning. 7 8 Council Member Quick said he votes for no survey at all. 9 10 Mayor Linke indicated he would like to do one later this fall. 11 12 Council Member Stigney indicated he does not want to do a survey until the Council knows what 13 it is doing with some of these things and he feels it would be premature at this time. He then 14 suggested soliciting resident input for questions they would like asked on the survey. 15 16 Council Member Stigney indicated he would like to postpone until there is direction on the golf 17 course, community center and economic development as well as long range strategies to 18 accommodate shortfalls and Highway 10 redevelopment. 19 20 MOTION/SECOND: Stigney/Quick. To Postpone Action on Conducting a Survey Until Such 21 Time as a Majority of Council Feels it Should Proceed. 22 23 Ayes – 2 Nays – 3 (Linke/Gunn/Marty) Motion failed. 24 25 MOTION/SECOND: Linke/Marty. To Start Developing Questions Having to Do with Issues 26 Within the City to Move Toward Possibly Putting out a Survey out Later this Fall. 27 28 Council Member Stigney indicated that he does not think the City will have the questions out 29 there that really need to get answered. 30 31 Council Member Gunn commented that this is not a definite that by fall the City would be doing 32 a survey but a move toward formulating questions for a survey. 33 34 Council Member Stigney asked the Mayor to restate his motion. 35 36 Mayor Linke indicated his motion was to have Council and Staff begin formulating questions for 37 a survey later this fall. He then offered to amend his motion to possibly later this fall. 38 39 Ayes – 4 Nays – 1(Quick) Motion carried. 40 41 10. APPROVAL OF MINUTES 42 43 A. City Council Minutes April 12, 2004 44 45 Mounds View City Council April 26, 2004 Regular Meeting Page 13 Council Member Marty requested the following change: On Page 7, Line 9 change the 250,000 1 visits to the downtown facility to last year not last week. 2 3 Director Ericson indicated that the spelling of Grano should be corrected. 4 5 Council Member Gunn requested the following change: On Page 13, Line 27 “and because he is 6 vice president of this company” then there is a conflict with him being mayor. 7 8 MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes for April 12, 2004 9 as Amended. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 11. REPORTS 14 15 A. Reports of Mayor and Council. 16 17 Council Member Marty indicated that the Festival in the Park golf tournament is scheduled for 18 August 14, 2004. 19 20 Council Member Gunn indicated that the Festival in the Park is August 27, 2004 all day with a 21 fun run sponsored by the YMCA, a pancake breakfast, and the usual entertainment and games 22 food, crafters, flea market and fireworks. 23 24 Council Member Marty asked for an update on Silver Lake Road and whether the City would be 25 getting any assistance with the path or trailway. 26 27 Public Works Director Lee indicated he met with Ramsey County on April 5, 2004 and was 28 informed that the project is going forward with a full depth mill in late summer. He then said 29 that the County has indicated two locations where the street will be torn up and crushed, recycled 30 tires will be put in wrapped in filter fabric to act like a big pillow to deal with the low areas and 31 get the road to float on the soils. 32 33 Council Member Marty indicated that when he spoke to Ramsey County there was an offer of a 34 small amount of assistance on the trailway financially. He also asked Staff to look into any 35 possible grants. 36 37 Council Member Marty asked whether the area north of Woodcrest and South of H2 is going to 38 work with the wetlands. 39 40 Public Works Director Lee indicated that Staff is looking into wetland delineation and looking at 41 the west side for considering costs. 42 43 Public Works Director Lee indicated that public works is working on providing an update report 44 and will provide it to Council every two weeks for review. 45 Mounds View City Council April 26, 2004 Regular Meeting Page 14 1 Council Member Quick asked for a status update on the Sunnyside School semaphore. 2 3 Mayor Linke indicated the school was to do a survey of walkers and it is not a semaphore but a 4 light for crossing. 5 6 Public Works Director Lee indicated the school district did a survey and submitted it to Staff to 7 be compiled. He then said that Ramsey County has been contacted but has not yet done 8 anything. 9 10 Council Member Quick clarified that he was talking about a semaphore not just a blinking light. 11 12 B. Staff 13 1. Review Calendar of Future Meetings 14 15 City Administrator Ulrich discussed the proposed Wednesday night meeting with the cities of 16 Blaine and Spring Lake Park regarding the fire department on June 2, 2004 or June 9, 2004. He 17 then indicated that meeting time change would be on the agenda for discussion at the May 3, 18 2004 work session and it would require an ordinance amendment. 19 20 Council Member Quick indicated there was a grant for sidewalks by Silverview along Silver 21 Lake Road and asked whether that could be considered part of the pathway system if the 22 sidewalk were to be 10 feet wide and hooked into the park system. 23 24 Public Works Director Lee indicated he would look into it. 25 26 Mayor Linke asked if having a meeting on September 20, 2004 would allow enough time to 27 approve the preliminary budget and property tax levy. 28 29 Finance Director Hansen indicated that the preliminary general fund budget and preliminary tax 30 levy have to be approved by September 15, 2004 and the September 20, 2004 meeting is to 31 discuss funds other than the general fund. 32 33 City Administrator Ulrich indicated the City’s Charter requires that the City adopt a budget 34 calendar by June 1, 2004 so this matter will be back on the agenda at the next meeting. 35 36 2. Finance Department Quarterly Report 37 38 Finance Director Hansen indicated that his quarterly report includes the usual listing of all 39 revenues and expenses for the operating funds. He then said that this spring he received 40 information from Ramsey County and the State Auditor regarding property taxes and City 41 spending. He further summarized that Mounds View as a City, spends less for each citizen than 42 most surrounding cities and less than the average for all cities in the State of Minnesota but has a 43 higher than average property tax rate and the reason for that is because it is spread across the 44 taxable property within the City and the City has less taxable property than most cities. 45 Mounds View City Council April 26, 2004 Regular Meeting Page 15 1 Finance Director Hansen indicated that the finance department is now working on the audit for 2 2003 and writing the annual financial report. He then reminded Council that this is the year to 3 implement the new financial reporting format and Staff may need to utilize the budgeted funds 4 for extra help from the auditor rather than continue to fall behind schedule. 5 6 Finance Director Hansen indicated that the department is continuing to work on a long range 7 financial plan and sent out utility bills for the first quarter of the year. He then said that the 8 second quarter will be sent out in three months and the variable sewer rate will be implemented 9 based on winter consumption. 10 11 Finance Director Hansen indicated that Staff is working on insurance policies for the year and 12 asked whether Council would again like to consider dropping the policy on the van because it 13 costs $6,000 per year to insure, maintain and add money into the budget for replacement of the 14 van. The insurance policy alone rose to $2,700 for last year. He then suggested it may be more 15 economical for the City to rent a van for the limited number of times per year that the van is 16 used. 17 18 Finance Director Hansen indicated that during the last two years the van was driven 300 miles 19 per year. He then said that he has to provide information on the policies to the insurance 20 company within the next few weeks and the policy is for 12 months so the time to decide 21 whether to insure the van is now, not in the fall. 22 23 Council Member Quick asked for what and when the van is used. 24 25 Finance Director Hansen indicated that Staff has been logging usage and will provide the 26 information to Council. 27 28 Council Member Marty asked when the insurance policy is renewed. 29 30 Finance Director Hansen indicated that the policy is dated July 1, 2004 but Staff has to submit 31 information by June 1, 2004. 32 33 Council asked that this matter be discussed at the next work session. 34 35 Finance Director Hansen indicated the City was recently notified that for the annual financial 36 report 2002 the City has received a certificate of achievement for excellence in financial 37 reporting which is the highest award that can be received in government and it reflects well on 38 the City and he would like to thank the employees and the auditors who helped. 39 40 Mayor Linke thanked Finance Director Hansen and the Staff and auditors on behalf of the 41 Council for the efforts 42 43 Mounds View City Council April 26, 2004 Regular Meeting Page 16 3. Police Department Quarterly Report 1 2 Police Chief Sommer reviewed his quarterly report with Council. 3 4 Council Member Quick asked if Council could be introduced to the new officers at a Council 5 meeting. 6 7 Chief Sommer indicated he would bring them in. 8 9 Council Member Quick asked whether the City was full staffed with officers. 10 11 Chief Sommer indicated that all positions are filled but there is one officer out on an injury. 12 13 Mayor Linke commented that the new MDT’s are a huge improvement over the old ones and the 14 amount of information and the speed at which it can be accessed is impressive. 15 16 4. Ramsey County League of Local Governments Seminar in “Finance 17 101” 18 19 City Administrator Ulrich indicated there is a Ramsey County League of local government 20 seminar given at the Mounds View Community Center on April 29, 2004 at 7:00 p.m. and 21 encouraged anyone interested to attend. 22 23 Mayor Linke asked Staff to post the meeting in the event a quorum of Council attends. 24 25 C. City Attorney 26 27 No report. 28 29 Director Ericson indicated the City was awarded a grant through the CDBG process for the 30 second access at the Mounds View Mobile Home Park in the amount of $30,000. 31 32 Council Member Stigney asked whether the owners or managers of the park were not in 33 agreement. 34 35 Public Works Director Lee indicated this matter would be before Council on May 3, 2004 to see 36 how to divide up the grant and Staff will draft letters to the managers of the park. 37 38 Council Member Quick commented that his hostility is not directed at Staff, but Rice Creek 39 Watershed District. He then asked Staff to obtain and provide to Council information on how 40 neighboring communities take care of fire protection and how residents are charged for it. 41 42 12. Next Council Work Session: Monday, May 3, 2004 43 Next Council Meeting: Monday, May 10, 2004 44 Mounds View City Council April 26, 2004 Regular Meeting Page 17 1 13. ADJOURNMENT 2 3 Mayor Linke adjourned the meeting at 9:15 p.m. 4 5 Transcribed and recorded by: 6 7 8 Joan Lenzmeier 9 Timesaver Off Site Secretarial, Inc. 10