HomeMy WebLinkAboutAgenda Packets - 2004/06/14A D M I N I S T R A T O R ’S D I G E S T
June 14, 2004
Sun-Focus Newspaper Intern- I met with Ms. Kelley Blomberg, the new summer intern for the
Sun-Focus newspaper. Kelley is a Mounds View resident and a student at the University of
Minnesota, Duluth. She’ll be covering most of our Council meetings this summer.
Elections must be just around the corner, as Desaree Crane recently had to request the number of
absentee ballots from Ramsey County. Since this is a presidential election, it appears that turnout
will be high.
Fire Department Capital Equipment Planning – Charlie Hansen and I are working with the staff
of Blaine, Spring Lake Park and the Fire Department to develop a long-term plan options for
financing the Fire Department’s long-range building and equipment needs. Springstead, Inc.
financial consultants are working with the Fire Department to analyze several different options.
A joint Council meeting of Blaine, Mounds View and Spring Lake Park is tentatively planned for
Thursday, July 22, 2004 at Blaine City Hall.
Labor Negotiations – An executive session is scheduled following tonight’s meeting to review the
status of bargaining group contracts. A recent four-hour mediation session was held with the
AFSCME Union with some headway. The Police Officer’s Union (LELS) has filed for
arbitration, which is expected to take place this fall. A meeting was held with Labor Relations,
Inc. in preparation for the arbitration. Another meeting is being held with the Public Works
collective bargaining unit in the next week or two. The Police Sergeant’s Union (also LELS) is
“sitting-tight” and reviewing their position in light of the Police Officer’s decision to arbitrate.
Golf Course Study – The staff Golf Course study committee (Mary B., Jim E., and me) met with
a private developer from United Properties Company to review potential development solutions
to the Golf Course financial issues. The main issues are determining the value of the land,
restrictions for sale or reuse, and the highest and best use of the property, while maintaining the
option to retain or improve golf operations. The developer is going to review the situation and
get back to the City with a market value estimate of the land.
MVCC Kitchen Licenses – The Mermaid has obtained an extension to their license for the
Mounds View Community Center kitchen. This will help fix accountability for keeping the
kitchen in good working order. The Mermaid previously had been utilizing the kitchen under the
licensed held by the Creative Kids Day Care. The City is also renewing its license in order to
accommodate civic groups (e.g. Girl Scouts, Athletic Associations, etc.) who might want to use
the kitchen.
Banquet Center – Current tenants of the Mermaid, the In the Word Church, stopped by to inform
me that they are considering a proposal to run the MVCC banquet facility. I explained our
current situation with the Mermaid and current rent requirements. The church is going to review
it further and perhaps put together a letter of interest to manage the property for the City.
North Metro Mayor’s Association Operating Committee - The NMMA Board of Directors met to
review current financials and discuss legislative actions during the past session. Odds for a
special session appear to be 50/50. The NMMA also hosted a community partner’s event,
recognizing Cass Screw Company in Brooklyn Park as Employer of the Year for their support of
NMMA and community issues in the past.
I35W Planning Meeting – Representatives of MNDOT, New Brighton, Arden Hills and Mounds
View met to discuss transportation issues associated with County Road 10, I35W, and County
Road 96. Some of the options under discussion could have profound impacts on Mounds View,
such as restricted access to CR10 as well as closing the intersection at CR I. A planning meeting
is scheduled for Thursday, June 17th, 6:30pm at the MNDOT Training Facility on CR I.
Council Members from all three cities are
encouraged to attend.
Highway 10 Noise Wall – Discussions were held with Ulteig Engineering to review study results
prior to the June work session. Staff is reviewing the financing and scheduling options per
Council Direction.
Quarterly update meetings were held with the Public Works and Community Development
department heads.
Rice Creek Watershed District – A meeting was held with City staff, Commissioner Haake, and
RCWSD staff to discuss a resolution to the 2003 street improvement project issues. The project
is moving forward with the action on tonight’s agenda.
YMCA Advisory Committee Meeting – The YMCA Advisory Committee met on June 7th and
reviewed issues such as programming, the school coordinator fee paid to the schools, going to a
one design t-shirt for all sports programs, scheduling software need, and an update on Council
issues. The Committee recommended that the Council eliminate the school coordinator fee for
2005.
800 MHz/Dispatch System – Ramsey County hosted a meeting for public officials to discuss the
current study and direction of the 800 MHz communications system and public safety dispatch
options. Cities were asked to give some preliminary direction to the study committee. City
managers also had a separate meeting on this topic. This item is on tonight’s agenda for action.
Public Law Update – Kennedy and Graven sponsored a half-day seminar for public officials as an
update on new laws. Both case law and new legislation were covered. New legislation includes
such things as the ability of City Councils to now close meetings for security issues. Construction
law and telecommunications law were also covered in detail. Jim Ericson and I attended.
Employee Appreciation Lunch – An employee appreciation lunch was held on Wednesday June
9th. It was well attended by employees and several people received years of service awards.
Thank you and congratulations to all employees!
All staff meeting – An all staff meeting was held in the Council Chambers last Friday. Agenda
items included discussion of the City’s Mission, Vision, and Goals; a review of the City’s
upcoming 2005 budget: a demonstration of the Police Department’s new technology in records
management and report writing: and an update of the City Hall remodeling project. Employees
were also informed that the next payroll cards will account for sick leave time and banked time in
separate categories. Congratulations to Pete Szurek for being a recipient of a customer service
award!
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, June 14, 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. CITY BUDGET QUESTIONS AND COMMENTS:
Citizens may speak to issues regarding the City Budget. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
7. SPECIAL ORDER OF BUSINESS
A. Resolution 6284, Resolution of Appreciation for Greg Johnson
B. Mayor’s Proclamation Recognizing Participants in the High Mileage Vehicle Challenge
8. JUST AND CORRECT CLAIMS
9. CONSENT AGENDA
A. Resolution 6258 Approving the Private Street Maintenance Policy
B. Resolution 6279 Approve and Authorize the execution of an Agreement Rider with Saint Paul
Board of Water Commissioners for work associated with the 2003 Street Improvement
Project
C. Cancel Public Hearing Set for Monday, June 14, 2004 and Reschedule for Monday, June 28,
2004 at 7:05PM to Consider a Variance Request and Conditional Use Permit Request for an
Oversized Garage at 2208 Lois Drive
D. Set a Public Hearing for Monday, June 28, 2004 at 7:10 pm to Consider Resolution 6272, an
Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10
E. Set a Public Hearing for Monday, June 28, 2004 at 7:15 pm to Consider Resolution 6273, an
Off Sale Intoxicating Liquor License Renewal for Network Liquors located at 2354 County
Road H.
F. Set a Public Hearing for Monday, June 28, 2004 at 7:20 pm to Consider Resolution 6274, an
On Sale Intoxicating Liquor License Renewal for Jake’s Sports Café located at 2400 Highway
10.
G. Set a Public Hearing for Monday, June, 28, 2004 at 7:25 pm to Consider Resolution 6275, an
On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment
located at 2400 County Road H2
H. Set a Public Hearing for Monday, June 28, 2004 at 7:30 pm to Consider Resolution 6276, an
On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 Highway 10.
I. Executive Session Immediately Following Meeting to Discuss Union Negotiations
J. Resolution 6278 Approving renewal of police training contract with Century College
K. Licenses for Approval
L. Resolution 6280 Approving a Temporary Data Entry Position
M. Resolution No. 6281 Setting a Public Improvement Hearing Date and Authorizing the
Preparation of Plans and Specifications for the Mounds View Manufactured Home Park
Second Access Project
N. Resolution 6254 DEX Advertising for the Golf Course.
City Council Agenda
June 14, 2004
Page 2
10. COUNCIL BUSINESS
A. 7:05 PM. Public Hearing, First reading and Introduction of Ordinance 738, an Ordinance
Assigning a Name to that Part of County Road 10 passing through Mounds View
B. Resolution 6283 in Consideration of a Development Review for an Addition to the Bioclean
Building, 2151 Mustang Drive.
C. 7:16 PM Public Hearing for 2003 Street Improvement Project Resolution 6265, Assessment
Hearing, and Adoption of a Special Assessment Levy.
D. 2003 Street Improvement Project Resolution 6268, Construction Contract Award
E. Banquet Center Operations
F. Banquet Center Capital Expenditures
G. Second Reading and Adoption of Ordinance 737, an Ordinance to amend Chapter 603,
Garbage and Rubbish, Section 603.06, sub. 2, Requirements and Restrictions - ROLL CALL
VOTE
H. First Reading of Ordinance 741, an Ordinance to amend Title 400 of the City Code regarding
the Appointment and Terms of the Planning and Zoning Commission, Police Civil Service
Commission, Economic Development Commission and the Parks and Recreation
Commission.
I. Resolution 6285 Authorizing the Submittal of a Letter to Ramsey County Requesting
Financial Assistance for the Silver Lake Road Sidewalk Project
J. Resolution 6282 Approving an Agreement to Purchase 2525 County Road 10 (Gas for Less)
for $820,000.
K. Resolution 6235 Approving a Gasoline and Tobacco License for Gas for Less located at
2525 Highway 10.
L. 800 MHz Communications System
M. First Reading and Introduction of Ordinance No. 740 to Amend Chapter 907.06 Entitled
“Storm Water” in the Mounds View City Code.
11. APPROVAL OF MINUTES
A. City Council Minutes May 24, 2004.
12. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
13. Next Council Work Session: Tuesday, July 6, 2004
Next Council Meeting: Monday, June 28, 2004
RESOLUTION NO. 6284
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION
GREG JOHNSON, 1959 - 2004
WHEREAS, Greg Johnson was appointed to the Mounds View
Planning and Zoning Commission beginning January 1, 1998; and,
WHEREAS, Greg served on the Planning and Zoning
Commission with dedication and a high level of enthusiasm; and,
WHEREAS, Greg was an outspoken advocate for the business
community and strongly supported the redevelopment of the County Road
10 Corridor and expansion of the City’s tax base; and,
WHEREAS, Greg further contributed to the community by his
participation on various steering committees and as a member of the
Mounds View Lions Club and the local Chambers of Commerce; and,
WHEREAS, Greg gained the respect and appreciation of those
who have had the privilege of working with him on City matters and
through his business in personal matters; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council, on
behalf of the residents of the City of Mounds View, expresses its
appreciation of Greg Johnson for his insights, generosity and his many
contributions to the City of Mounds View and extends its heartfelt
condolences to the Johnson Family.
Adopted this 14th day of June, 2004.
ATTEST:
Jerry Linke, Mayor
Councilmember Quick Councilmember Stigney
Councilmember Gunn Councilmember Marty
Kurt Ulrich, Clerk Administrator
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
P R O C L A M A T I O N
WHEREAS, the Chippewa Middle School and the Mounds View High
School students participated in a statewide super mileage challenge in
Brainerd, Minnesota; and
WHEREAS, these students built a car that gets 678.98 miles per gallon
and submitted the car into the 2004 Minnesota Technology Education
Association Supermile Challenge; and,
WHEREAS, the team won the statewide competition out of 98
competitors.
NOW, THEREFORE, BE IT RESOLVED that, I, Mayor Jerry Linke, and
the City Council of the City of Mounds View and its residents congratulates
Keith Anderson, Ryan Elks, Dave Wohkitel, Kyle Anderson, Ryan Pate, Mike
Finke, Greyson Dehn, John Justin, Greg Johnson, Evan Nouis and Mike
Steele for winning the 2004 Minnesota Technology Education Supermile
Challenge.
Given under my hand and Seal of the City of Mounds View, this 14thth of June,
2004.
Jerry Linke, Mayor
(SEAL)
Item No. 9A
Meeting Date: June 14, 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. 6258 Adopting a Private Street
Maintenance Policy
Background / History
Periodically, the City receives requests to take over ownership and maintenance
of private residential streets. The purpose of this policy is to define and
standardize the City’s position on accepting private residential streets for
ownership and maintenance.
Since this is not a unique situation, at a Work Session meeting, on May 6, 2002,
Staff recommended that the City develop a policy regarding private streets. The
policy, as currently drafted, would allow for the streets and utilities of the Silver
Lake Woods development to be transferred to the City for maintenance and
ownership. Attached, as Exhibit A, is a copy of the May 6, 2002 Staff report,
including the draft Private Street Policy.
At the May 6, 2002 Work Session the City Council was in general agreement with
the draft Private Street Maintenance Policy. However, no further action was
taken. As a bookkeeping item, and in an effort to keep discussion and
negotiations with the Silver Lake Woods Condominium Association moving
forward, Staff recommends that the City Council approve the Private Street
Maintenance Policy at this time.
Recommendation:
Staff recommends that City Council adopt a resolution approving the Private
Street Maintenance Policy and authorize the City Administrator to execute it.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6258
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A PRIVATE STREET MAINTENANCE POLICY
WHEREAS, periodically, the City receives requests to take over
ownership and maintenance of private residential streets; and
WHEREAS, at the May 6, 2002 Work Session the City Council was in
general agreement with the draft Private Street Maintenance Policy; and
WHEREAS, no further action was taken since may 6, 2002.
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City
Council does hereby approve the attached Private Street Maintenance Policy.
Adopted this 14th day of June 2004.
______________________________
Jerry Linke, Mayor
(ATTEST) ______________________________
Kurt Ulrich
City Administrator
(SEAL)
EXHIBIT A
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Silver Lake Woods Condominium Street and
Utility Maintenance Issue
Meeting Date: May 6, 2002
Background / History
The issue of maintenance of streets and utilities in the Silver Lake Woods
Condominium Development has been discussed and debated on numerous
occasions since 1992. This area includes the streets platted as Lake Court Drive
and Lake Court Circle including the water, sanitary sewer, and storm sewer
contained therein. These infrastructure items were installed privately by the
developer in 1982.
In recent months, the City received a proposed resolution from members of the
Silver Lake Woods Condominium Association that would require the City to be
responsible for the maintenance, repair, and replacement of the private streets
and the utilities under these streets. Attached is a copy of this resolution.
Discussion
In an effort to fully address this request and to finally formalize the City’s position
on this matter, staff proceeded by performing a detailed review of all City files
and documents relevant to this development. Attached is a summary of this
review.
In 1982, the City approved this development and the construction of the private
streets and utilities. The City has strict ordinances pertaining to the setbacks from
roadway right-of-way. The City does not inspect nor approve the quality of items
installed privately nor the workmanship of such items. City records do not
indicate why the developer requested that these items be private. However, it
can be speculated that it was done for the same reasons many developers today
request Cities to allow them to construct private streets throughout the
metropolitan area. These include, but are not limited to the ability to:
• Bypass City ordinances and reduce the setbacks and therefore increase
the density and profits.
• Bypass the public improvement statutes (Chapter 429) and therefore
reduce the time required to publicly contract.
• Reduce costs by not adhering to a City standard.
• Reduce engineering cost by eliminating the requirement to provide record
plans of construction.
A few years after the development was completed, the City started to plow these
streets, although not required to. Staff was unable to ascertain why the City
elected to do so. In 1992, the homeowners association sought to formalize this
City practice for plowing the streets by drafting a maintenance agreement. In the
original draft agreement, the City was to agree to snowplow, patch limited
potholes, and seal coat. Homeowners agreed to be responsible for all long-term
maintenance including: repaving, resurfacing, overlays, and major improvements.
The draft agreement contained language that was more favorable to the City as a
whole. It stated such things as: The City has “no legal responsibility to provide
any services enumerated herein”, “Said services are being provided gratuitously”,
“This agreement can be canceled by either party”, the City “is in no way bound in
equity or at law to maintain said Outlot A”, and “The City expressly denies any
legal responsibility to said property.” A final Maintenance Agreement was
executed on May 24, 1993. This final version was drafted by the Association’s
legal counsel. Attached is a copy.
What began as a document to memorialize the City’s good will practice, which
was “provided gratuitously” turned into a document that stripped the City of rights
it originally had and made these services an obligation to all taxpayers of the
City. Staff wants to make this point clear to the Council. It is, however, a mute
point since the Homeowners Association’s legal counsel drafted the agreement
in such a mannor as to make it impossible for the City to rescind the agreement
on its own.
The 1993 Agreement did not discuss maintenance utilities such as watermain,
sanitary sewer, or storm sewer. In 1999, several storm sewer catch basins were
in need of repair. This was the genesis for discussions of maintenance
responsibilities for the utilities associated with the Silver Lake Woods
Development. These have been discussed and disputed for the past three years.
Staff and the Homeowners Association seek resolution of this issue.
City Private Street Policy
At this point, Council has yet to make a formal resolution on this matter. The only
document of record is the 1993 Maintenance Agreement. Staff would like to point
out that this is not a unique situation Mounds View faces. Nearly every
metropolitan City has dealt with or will need to deal with the issue of private
streets.
To address the request by the Silver Lake Woods Condominium Association and
similar requests in the future, staff recommends that the City develop a private
street policy which addresses the maintenance of such streets.
The City of Mounds View has numerous private streets. Some have utilities
located under them and some do not. Some are contained within easements and
some are on privately owned land. Examples of such private streets are:
Landmark Circle, Scotland Court, Knoll Green, North Ridge Village, and streets
in Colonial Village, and Towns Edge Terrace to name a few. As land values
increase and developable land decreases, staff speculates the use of private
streets by developers, as a method to increase density, will undoubtedly
increase.
Staff has developed a draft Private Street Maintenance Policy. Attached is a copy
of this draft policy for Council’s review and consideration. The goal of this policy
is to allow property owners that reside on a private streets to have the
opportunity to convert them to public streets, if feasible, and do so in a manner
that respects the best interests of the City as a whole and that does not create an
additional tax burden to other property owners in Mounds View.
This policy is silent on the issue of utilities. At a future date, staff will address the
issue of ownership of utilities by presenting Council with a draft policy. Staff’s
proposed policy will require that all water and sanitary sewer mains be owned,
operated, and maintained by the City. The proposed policy will also require that
trunk storm sewer systems including those that convey water from more than one
private source be owned, operated, and maintained by the City. This ownership
and maintenance concept is essential to ensure public health and safety.
Other related policies staff will be presenting to Council to address in the near
future: Residential Private Streets (in what situations will the City allow them),
Construction of public and private facilities (publicly construct pubic facilities),
and street design standards (what does Mounds View want its streets to look
like).
Applying the Draft Policy to the Silver Lake Woods Condominium
Development
Roadways -
Staff recognizes that the City must adhere to the 1993 Maintenance Agreement
terms of maintenance of the private streets, whereby the City plows and performs
the minor maintenance and the Homeowners Association performs the major
maintenance. Staff recommends that the City does not take ownership and full
maintenance responsibilities for the streets at this time. If, at some time in the
future, the Association wants to dedicate the roadways to the City, the conditions
of the policy must be met. Notable points are as follows:
The roadway must be completely reconstructed –The Association must
petition for Public Improvements.
The Association must execute the necessary documents and provide the
necessary security to ensure full payment by the Association for 100% of
the work performed.
The Association must grant to the City any right-of-way and easements as
deemed necessary by the City.
The Association must pay for any and all cost borne by the City to bring
these streets to City standards
Options – The Council could allow the Condominium Association to dedicate the
streets to the City without meeting the requirements of the draft agreement. Staff
strongly discourages this option. It is most likely not in the City’s overall best
interest to take over streets that are nearing the end of their useful life. These
streets are twenty years old. The life cycle of a roadway is 25 to 35 years,
depending on numerous factors (construction, soil, weather, traffic volumes…) In
addition, this would set a precedent whereby the City would be obligated to take
over all private street in their current condition should it be requested.
NOTE: There is a minimum of 3.75 miles of private streets in Mounds
View; most are nearing the end of their life cycle. The cost to bring these
streets to a City standard via reconstruction would cost the City over
$3,000,000. The cost of the Silver Lake Woods streets alone is $350,000.
Water and Sanitary Sewer Utilities -
Staff recommends that the Association dedicate these utilities to the City and that
the City maintain them just as any other public utility. From a public safety
standpoint, staff believes that it is in the City’s best interest that these utilities are
owned and maintained by the City. The City has been maintaining these utilities
for the last twenty years, so this doesn’t represent an additional cost to the City.
These facilities have a life cycle of about 60 to 100+ years. Conditions to this
follow:
The Association must grant to the City any easements as deemed
necessary by the City.
The Association must pay any and all cost borne by the City to dedicate
these utilities to the City.
The Association can transfer ownership immediately. Transfer financial
responsibility for repairs must be done over a period of time. Example: first
five years- 100% Association cost for repairs, second five years 50/ 50
split in repair costs. After 10 years 100% City Cost.
Options – This proposal is consistent with the Condominium Association
proposal. There may be debate on the details of how ownership and
maintenance responsibilities are transferred.
Storm Sewer -
There are two types of storm sewer facilities on this property between which staff
would like to differentiate. The first type is any pipe or facility that conveys water
from an off site location. Staff will refer to such items as “trunk facilities.” The
second type of storm water facility is any facility such as a pipe or catch basin
that conveys water from only this site. Staff will refer to such items as “lateral
facilities.”
Staff recommends that the Association dedicate all trunk storm water facilities to
the City and that the City maintain them just as any other public storm water
facility. From a storm water management standpoint, staff believes that it is in the
City’s best interest that these facilities be owned and maintained by the City.
Conditions to this follow:
The Association must grant to the City any easements as deemed
necessary by the City.
The Association must pay any and all cost borne by the City to dedicate
these utilities to the City
The Association can transfer ownership immediately. Transfer financial
responsibility for repairs must be done over a period of time. Example: first
five years- 100% Association cost for repairs, second five years 50/ 50
split in repair costs. After 10 years 100% City Cost.
For lateral storm water facilities, staff recommends that they be viewed as private
structures to be maintained privately. Since these serve only private property, it
should be pointed out that, should the streets become public and the Association
dedicated the necessary right-of-way in the future, these storm water facilities
could become public following the same requirements as the streets.
Options – This proposal in regards to trunk storm sewer facilities is consistent
with the Condominium Association proposal. There is the option to allow the
Condominium Association to dedicate the lateral storm sewer facilities. However,
similar to streets, staff strongly discourages this option in that it would set a
precedent whereby the City would be obligated to take over all lateral storm
sewer facilities in their current condition should it be requested.
Recommendation:
Staff is looking for direction from the City Council pertaining to this matter.
Specifically, staff is looking for Council input on whether the Council is interested
in developing a Private Street Policy and then applying this policy to the Silver
Lake Woods Condominium Development.
Respectfully Submitted,
Greg Lee, Director of Public Works
March 15, 2002
SILVER LAKE WOODS CONDOMINIUM ASSOCIATION SUMMARY
The following is a review summary preformed by Greg Lee, Public Works Director for the City of
Mounds View. There is an issues pertaining to the Silver Lake Woods Condominium Association
regarding repair and maintenance responsibility of roadways and utilities within that development.
This was done utilizing the City of Mounds View files. Additional review will be made of minutes
and recordings of Council meetings referenced herein. The City’s attorney will also be consulted.
The purpose of this review was to get the Public Work Director familiar with this issue so he can
provide direction and assistance so it can come to resolution.
November 12, 1981 Letter from the City Administrator to Dan Boxrud of SEH. Authorization
was given to have the contractor to proceed with this project.
December 3, 1982 Letter from the Public Works Director to the Fire Chief, discussing
addresses and street names. States that Lake Court Drive area is private
and therefore not subject to the City’s street name system.
March 30, 1990 Declaration of Easement is recorded (Document No. 0922339).
Article I – Definitions
Article II - Grants easement over Outlot A (40 foot wide property on
which Lake Court Drive and Lake Court Circle are constructed on) to the
“units” and “lots”
Article III- Grants easement over Outlot A to the City
Article IV – Transfers maintenance responsibilities from the “Declarant”
(Marvin H. Anderson Construction Co.) to the Association, discusses
allocation of expenses
Article V – Insurance
Article VI – Construction
Article VII – may dedicate with in five years an easement in or fee title to
Outlot A to the City.
No Date, 1992 Non-executed Agreement between the City and the Homeowners
Association. City agrees to snowplow, limited patching of potholes, seal
coating. Homeowners agree to be responsible for all long-term
maintenance including: repaving, resurfacing, overlays, and major
improvements. The City has “no legal responsibility “ to provide any
services enumerated herein. Said services are being provided
gratuitously. This agreement can be canceled by either party. City is not
bound to maintain Outlot A. The City denies any legal responsibility to
Outlot A.
May 14, 1992 Letter from Mark a. Karney (attorney) to Ric Mintor stating he has not
heard back form the Silver Lake Woods Association as to how to
proceed.
September 9, 1992 Hand written notes: Cliff Ash of the Silver Lake Woods Association would
like the City to take over the streets. Discussed City’s concern with
liabilities and problems with the streets, as they exist. Homeowners
Association concerns: City ownership of streets, how to finance “heavy”
maintenance in the future, how City ordinance covers Lake Court Drive
and Lake Court Circle.
October 8, 1992 Fax from Corrine Heine (Holmes, Graven, Chartered) to Ric Minetor.
Draft Agreement. Very similar to draft 1992 agreement: City agrees to
snowplow, limited patching of potholes, seal coating. Homeowners agree
to be responsible for all long-term maintenance including: repaving,
resurfacing, overlays, and major improvements.
October 9, 1992 Memo from Ric Minetor, Public Works Director, to Jim Thompson, City
Attorney. Stated that he met with the Silver Lake Woods Homeowners
Association President, Cliff Ash, and a few board members. They felt the
agreement was basically good. They did want a few changes: City will
finance repair through special assessments if allowed by state law, and
termination notice to be one year.
October 26, 1992 Letter from James J. Thompson (City Attorney) to Ric Mintor. Enclosed
a revised agreement. Added provision to reflect the possibility that the
project would be special assessed. Added language that the City would
require the work to be done if the homeowners chose not to do so.
Changed termination clause to one year.
November 16, 1992 Letter from James J. Thompson (City Attorney) to Ric Mintor. Enclosed a
revised agreement. Revised it to recognize the existence of the
declaration of easements.
December 28, 1992 Letter from James J. Thompson (City Attorney) to Ric Mintor. Enclosed a
copy of a letter from the Association’s attorney and their suggested
changes to Paragraph 2 and 5.
May 11, 1993 Letter from David B. Eide (Attorney for the Association) to James J.
Thompson (City Attorney). Enclosed three copies of the Agreement. It is
Mr. Eide’s understanding that this matter is on the May 24th agenda.
May 12, 1993 Letter from James J. Thompson (City Attorney) to Ric Mintor. Enclosed
three copies of the Agreement. It is Mr.Thompson’s understanding that
the City Council will consider the agreement at the May 24th meeting.
May 24, 1993 Copy of the executed Agreement.
May 25, 1993 Letter from James J. Thompson (City Attorney) to Paul Harrington (City
Planner). Enclosed three copies of the revised page 2. Insert these
pages into the City’s agreements before the City signs them.
May 27, 1993 Letter from James J. Thompson (City Attorney) to Paul Harrington (City
Planner). Discussed the changes to page 2. Because the changes were
minor, the Association’s attorney does not believe that the homeowner’s
association needs to approve the modification.
October 19, 1995 Letter from Gene Wagner (President of the Homeowner’s Association) to
the City. They had an “Open Forum” meeting. They discussed issue of
Highway 10 over-pass at Long Lake Road. They are NOT in support of
this project.
July 27, 1999 Fax from Steve Havel (F. M. Frattalone Excavating & Grading Inc.) to
Tim Pittman. This is a proposal to do catch basin repair in the amount of
$750.00. Alternative 1, add $300 for replacing an extra curb and raise
grade. Alternative 2, add $85 for mortaring catch basin across street.
September 13, 1999 Staff Report (Work Session- September 20, 1999)) on the Silver Lake
Woods Condominium Street Maintenance Agreement. Question as to
whether it applies to utilities.
September 14, 1999 Letter from Michael Berke (President of the Homeowner’s Association) to
Chuck Whiting of the City. Wants to discuss the repair of two storm
sewer drains at the next Council Work Session. Contends City is
responsible for all underground utilities including storm sewer.
September 21, 1999 Letter from Chuck Whiting to Robert C. Long (City Attorney). Council
reviewed the interpretation of the agreement at the September 20th
Council Work Session. Council requests Mr. Long’s review of the
agreement.
January 24, 2000 Fax letter from Scott J. Riggs (City Attorney) to David B. Eide
(Association’s Attorney). Discusses his interpretation of the 1993
agreement as it related to the storm sewer catch basins and underlying
utilities. Needs easements or dedication to perform any more extensive
maintenance of underlying utilities.
He states that an assessment of the condition of the road and utilities
would be needed in order to facilitate the possibility of the transference of
further obligations to the City.
February 1, 2000 Fax letter from Scott J. Riggs (City Attorney) to Chuck Whiting. Enclosed
is a letter form David B. Eide (Attorney for the Association) to Scott J.
Riggs (City Attorney). The letter states the Associations position in that
they will abide with the 1993 Agreement by being responsible for major
maintenance, but does not have responsibility for the storm sewer
system or catch basins.
March 8, 2000 Fax letter from Scott J. Riggs (City Attorney) to Chuck Whiting. Enclosed
is a letter dated March 6, 2002 from David B. Eide (Attorney for the
Association) to Scott J. Riggs (City Attorney). The letter states David B.
Eide has not heard back form Scott Riggs.
March 9, 2000 A letter from Scott J. Riggs (City Attorney) to David B. Eide (Attorney for
the Association). The letter states this matter will be reviewed at the April
3, 2000 work session.
March 29, 2000 Staff Report for the April 3, 2000, Work Session meeting from Mike
Ulrich. No easements or dedications were recorded. If Association wants
the City to maintain the utilities an easement needs to be dedicated. Also
an inspection needs to be performed – any necessary repairs will be paid
by the Association prior to the City taking them over.
May 19, 2000 A letter from David B. Eide (Attorney for the Association) to Scott J.
Riggs (City Attorney). The letter states David B. Eide understands that
the City has completed its inspection of the utilities beneath the streets
owned by the Association.
May 25, 2000 Fax letter from Scott J. Riggs (City Attorney) to Mike Ulrich. Enclosed is a
letter form Scott J. Riggs (City Attorney).to Mike Ulrich. The letter states
“please find the following correspondence form David B. Eide...” No letter
was attached.
August 16, 2000 A proposal from Steve Havel (F. M. Frattalone Excavating & Grading
Inc.) to Cliff Ash (representing the Homeowners Association) to regrout
and repair the two catch basins in the amount of $1,500.00.
November 21, 2000 Email from Mike Berke to Kathleen Miller. Requested to be on the next
Council Work Session agenda. Gave Kathleen an update on the catch
basin repair issue. Wants the City to take over the streets and utilities.
August 16, 2001 “Proposed Resolution Of Members Silver Lake Woods Condominium
Association”. Dedicated the streets and utilities to the City. It is the City’s
responsibility to repair and replace streets and utilities.
February 4, 2002 Greg Lee, Public Works Director calls Mike Berke and left a message
that he was going to address the issue but would take some time.
February 4, 2002 Mike Berke called Greg Lee back and stated that this was discussed by
Council and informally approved in October. However, no official action
was taken.
February 28, 2002 Greg Lee, Public Works Director email Mike Berke informs him he is still
working on getting up to speed on this issue.
February 28, 2002 Mike Berke emails Greg Lee back and expresses his frustration
regarding this matter.
April 4, 2002 Mike Berke emails Greg Lee inquiring as to the status of this issue. Greg
Lee email back and informs Mr. Berke that this issue has been placed on
the May 6, 2002 Council Work Session Agenda.
Public Works
PRIVATE STREET MAINTENANCE POLICY
Purpose
Periodically, the City receives requests to take over ownership and maintenance of private residential
streets. The purpose of this policy is to define and standardize the City’s position on accepting private
residential streets for ownership and maintenance.
Policy
For a private residential street to be accepted for ownership and maintenance by the City of Mounds View,
it must meet the City’s current minimum design guidelines for street width, street cross sectional design,
street right-of-way and building setback requirements. The following criteria reflect the City’s current
design standards.
(NOTE - all reference to street width is from back of curb to back of curb)
Street Design
• Streets must be a minimum of 30' wide, streets less than 34' wide shall have parking restricted to
one side.
• Streets must have concrete curb and gutters which meet City design standards.
• Streets must be constructed to the same design cross section and load bearing strength as a City
street.
• Streets must be inspected by City personnel during construction to verify that proper design,
materials and construction techniques are utilized. This excludes many of the existing private
streets in the City. However, when these streets reach the end of their service life and need to be
reconstructed, the private owners may elect to reconstruct them to City design standards under
City inspection.
• Streets may not have guest parking areas directly fronting on them.
• The boulevard area of any one street may not have driveway coverage greater than 35%.
• Streets must have direct access to other publicly owned and maintained roadways.
Right-of-Way/Easements/Setbacks
• A minimum 50' right-of-way centered on the street will need to be provided over all street and
boulevard areas maintained by the City. If the street is wider than 30' additional right-of-way will
be required. The streets will then be open to the general public for traffic movement and the
boulevard areas will be subject to the installation of private utilities.
• Streets must have a 10' boulevard area behind the curb line devoid of all trees and structures, with
the exception of mail boxes. Utility boxes, transformers and pedestals must be outside the
aforementioned 10' boulevard area.
• Maintenance of any existing sidewalks in the boulevard areas shall remain the responsibility of the
applicant.
• A minimum 25' setback must be provided from the street right-of-way to any buildings. This
generally equals a 35' setback from the back of curb to any building.
• Drainage and utility easements will need to be provided over all storm sewer lines proposed to be
maintained by the City which lie outside of the street right-of-way..
• All costs associated with preparing the necessary easements and right-of-way documents shall be
the applicant’s responsibility.
Private Utilities
• If a street meets all of the aforementioned criteria, storm sewer systems lying within the street area
may be accepted for maintenance provided they meet City design standards. If a street is
considered for ownership and maintenance by the City, the storm sewer system within the street
will be evaluated for capacity and it will be inspected to determine its condition. If the capacity,
design or condition of the system does not meet City criteria, the system will need to be
reconstructed as necessary prior to acceptance of the street and storm sewer for ownership and
maintenance by the City.
Snow Storage
• If a street is accepted for ownership and maintenance by the City, these snow removal guidelines
must be followed. Streets and the 10' boulevard area may not be used by private snow removal
contractors to pile snow. Only the snow from the driveway lying within the 10' boulevard area
may be stored on the boulevard area. Private street owners should note that homeowners
associations normally have their streets and driveways plowed at the same time by a single
contractor. Splitting up this process between the City and a private contractor may create a
situation where driveways are plowed before the streets, City crews would then push snow into
driveways which had just been cleared.
Parking
• All pre-existing parking requirements for a development shall remain in effect if the streets are
accepted for ownership and maintenance by the City. If said parking requirements can not be met
because of restricted parking on or along a city street, the street will not be accepted for city
ownership and maintenance.
Not withstanding the eligibility of an applicant to satisfy all items listed in this policy, the City Council
reserves the right to deny an application for City ownership and maintenance of private streets based on
factors where a denial is in the best interest of the City.
City Administrator Date
Effective Date: June 14, 2004
Revision Date:
Item No. 9B
Meeting Date: June 14, 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. 6279 Approving and Authorizing the
Execution of an Agreement Rider with Saint Paul
Board of Water Commissions for Work Associated
with the 2003 Street Improvement Project
Background:
As part of the work activities associated with the 2003 Street Improvement
Project, the City will be reconstructing Knollwood Drive and Groveland Road at
their respective intersections with County Road I. At these two locations, the
Saint Paul Regional Water Services has easements, which contain two large
sixty inch (60”) water mains.
Discussion:
As part of the permit requirements, the City must construct an eight-inch (8”)
concrete slab as part of the roadway surface where it intersects the easement
containing these large water mains. This is done as a strategy to protect these
expensive structures from damage.
To ensure that the City follows through on installation of these concrete slabs
and all work is performed in accordance with good engineering practices, the
Saint Paul Regional Water Services is requiring the execution of the attached
“Twelfth Rider to Agreement.” This is a very simple, straightforward rider to the
agreement. Nonetheless, it was forwarded to the City’s legal counsel for review
and approval.
Staff is requesting approval of this Twelfth Rider to Agreement with the Saint
Paul Board of Water Commissioners and authorization to have the Mayor and
City Administrator execute the agreement contingent upon the approval of the
City’s legal counsel.
Recommendation:
It is recommended the City Council approve the Twelfth Rider to Agreement with
the Saint Paul Board of Water Commissioners and authorize the Mayor and City
Administrator to execute the agreement contingent upon the approval of the
City’s legal counsel.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6279
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
RIDER WITH SAINT PAUL BOARD OF WATER COMMISSIONS FOR WORK
ASSOCIATED WITH THE 2003 STREET IMPROVEMENT PROJECT
WHEREAS, as part of the work activities associated with the 2003 Street
Improvement Project, the City will be reconstructing Knollwood Drive and
Groveland Road at their respective intersections with County Road I; and
WHEREAS, at these two locations, the Saint Paul Regional Water
Services has easements, which contain two large sixty inch (60”) water mains;
and
WHEREAS, as part of the permit requirements, the City must construct an
eight-inch (8”) concrete slab as part of the roadway surface where it intersects
the easement containing these large water mains to protect them; and
WHEREAS, to ensure that the City follows through on installation of these
concrete slabs and all work is performed in accordance with good engineering
practices, the Saint Paul Regional Water Services is requiring the execution of a
“Twelfth Rider to Agreement.”
NOW, THEREFORE, BE IT RESOLVED by the Mounds View City Council
of the City of, Ramsey County, Minnesota as follows:
1. That the Twelfth Rider to Agreement with the Board of Water
Commissioners from Saint Paul for work associated with the 2003
Street Improvement Project is hereby approved.
2. That the Mayor and City Administrator are hereby authorized to
execute said rider agreement.
3. That execution of said agreement is contingent upon approval of
the City’s legal counsel.
Adopted this 14th day of June 2004.
(ATTEST) ____________________________________
Jerry Linke, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
TWELFTH RIDER
TO
AGREEMENT
THIS AGREEMENT, Made this, 11th day of May, 2004 by and between the
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL,
hereinafter called the Board, and the CITY OF MOUNDS VIEW, Ramsey County,
Minnesota, hereinafter called the City, being the Twelfth Rider to that certain Agreement
made by and between said Board and said City the 27th day of October1965, and by this
reference incorporated herein and made part and parcel hereof with the same intent,
purpose and effect as if said Agreement were set forth herein, verbatim.
WHEREAS, the Board now possesses title to a 60 foot wide easement in, over,
and across certain real estate in Section 6, Township 30 North, Range 23 West, Ramsey
County, said real estate being hereinafter called Premises; and
WHEREAS, the City desires permission to enter upon certain portions of said
Premises to complete street improvements; and
WHEREAS, the Board is willing to grant such permission to the City consistent
with the requirements and safety of the works of the Board.
NOW, THEREFORE, BE IT AGREED, in consideration of the mutual
promises and agreements of the parties hereto, that subject to all terms and conditions
contained in said Agreement between the parties hereto made and entered into the 27th
day of October 1965, the Board hereby grants to said City the permission:
1. Permitted Activity
To complete 2004 street improvements in Knollwood Drive and
Groveland Road adjacent to County Road I. This work to include:
excavation, concrete curb and gutter, storm sewer, and street restoration.
2. Conditions
All work shall be performed in accordance with good engineering
practices and in accordance with Exhibit “A”, and the permittee shall
construct a concrete protective slab as indicated in Exhibit “B” both of
which are attached hereto and incorporated herein by reference.
3. Notification
City or City’s contractor shall notify Board’s Vadnais Supervisor at least
48 hours in advanced of permitted activity to schedule inspection and
coordination of work. Board’s Vadnais Supervisor may be reached
between the hours of 8 a.m. - 4 p.m. at 651-766-4150.
4. Insurance
Section 11 of the October 27, 1965 Agreement is hereby amended to
require public liability insurance in minimum amounts of $300,000 for
bodily injury or death to one person, and $1,000,000 for damages to or
destruction of any property.
This Agreement is made and executed pursuant to and under the authority of
resolution numbered _______, adopted by the Board of Water Commissioners of the City
of Saint Paul on the _________ day of __________, 2004 and of a resolution adopted by
the Board of Trustees of the City of Mounds View on the __________ day of
_________________, 2004 copies of said resolutions being annexed hereto and by this
reference made part hereof the same as if set forth herein verbatim.
IN WITNESS WHEREOF, The parties hereto have executed these presents in
triplicate the day and year first above written.
CITY OF MOUNDS VIEW, MINNESOTA
By _
Mayor
By_________________________________
City Clerk
APPROVED: BOARD OF WATER COMMISSIONERS
CITY OF SAINT PAUL, MINNESOTA
By________________________________
Stephen Schneider, General Manager Patrick Harris, President
Approved as to form: By________________________________
Janet Lindgren, Secretary
By_________________________________
Assistant City Attorney Matthew G. Smith, Director
Office of Financial Services
Item No: 9J
Meeting Date: June 14, 2004
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mike Sommer, Police Chief
Item Title/Subject: Resolution No. 6278 Authorizing the Renewal of a
Training Contract with Century College
Date of Report: June 14, 2004
Background: Century College has provided police training courses to the Mounds View
Police Department and numerous other police agencies in Minnesota and Wisconsin,
since 1994. Century College provides nearly all POST required training, along with many
other law enforcement related courses.
Discussion: Agencies wishing to participate in this training option can select the
number of training slots they would like to have available to their agency for any given
course offering. Most courses are offered more than once during the year, so it is not
necessary to purchase a slot for every officer on the department. For the past several
years the police department has reserved seven (7) training slots, which has adequately
accommodated the required training needs in most instances. Century College charges
$295.00 per slot for six (6) or more officers, and $395.00 per slot if one to five (1-5) slots
are reserved. The cost has not increased this year for six or more slots. The total cost to
renew the contract for this term is $2065.00. It would cost an estimated minimum of
$3,200.00 to obtain the necessary mandated training through other available options.
Recommendation: Staff recommends approval to renew the police department training
contract with Century College for seven (7) training slots at a total cost of $2065.00 for
the contract period from September 1, 2004 through June 30, 2005.
Respectfully Submitted,
___________________________
Mike Sommer
Chief of Police
RESOLUTION 6278
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING THE RENEWAL OF A TRAINING CONTRACT WITH
CENTURY COLLEGE FROM SEPTEMBER 1, 2004 THROUGH JUNE 30, 2005
WHEREAS, Century College has been providing the Mounds View Police
Department with POST certified law enforcement training since 1994;
WHEREAS, The current contract for training expires June 30, 2004;
WHEREAS, Century College usually offers training courses more than once
during the training year;
WHEREAS, Century College charges $295.00 per reserved training slot for six
or more reserved slots;
WHEREAS, the police department has found that reserving seven training slots
is usually sufficient to address the POST mandated training needs of the department;
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of
Mounds View approves the renewal of a law enforcement training contract from
September 1, 2004 through June 30, 2005 with Century College at a total cost of
$2065.00 for that contract period.
Adopted this 14th day of June, 2004.
Jerry Linke, Mayor
ATTEST: Kurt Ulrich, City Administrator
(seal)
Item No: 09K
Meeting Date: June 14, 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.
Arrow DeSigns – Sign Installation – New
Berry Hill HVAC, Inc. – HVAC – New
Cedar Management – HVAC – New
Centraire Heating & Air Conditioning, Inc. – HVAC – New
D & H Fencing – Fence Installation– New
Electro Neon & Design, Inc. – Sign – New
Hammers Heating & Air – HVAC – New
Knight Heating & Air Conditioning – HVAC - New
Kraemer Heating, Inc. –HVAC – New
Staff Recommendation: Approve license applications as requested.
Respectfully submitted,
Barbara Benesch
Item No. 9L
Meeting Date: June 14, 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. 6280 Approving a Temporary Data
Entry Position
Background
On March 26, 2001 the City Council adopted Resolution No. 5546 that describes
the procedure for hiring Seasonal Employees. This resolution requires that the
City Council approve all seasonal positions.
Discussion
On Monday June 7, 2004, the Staff presented a proposal to hire a temporary
person to assist the City in expanding its commercial database (See attached
Exhibit A).
The temporary person will be hired for nearly three months this summer and will
be paid $10.50 per hour. In addition, the proposal includes the purchase of a
planimeter to collect data off of the site plan. The cost of this item is $877.00
including tax. This will be used for many other City functions.
Budget
Since the main benefit for this work will be realized in Storm Water Management,
it is proposed that the majority of the wages should be derived from the City’s
Storm Water Utility Fund. Other funds may be used based on the benefit derived;
these include the Street Light Utility Fund, and the Water and Sewer Fund.
Recommendation:
Staff recommends that the Council approve a Temporary Data Entry Position.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6280
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A TEMPORY DATA ENTRY POSITIONS
WHEREAS, Resolution No. 5546 requires that seasonal positions must be
approved by the Mounds View City Council; and
WHEREAS, Seasonal Employees benefit the City by providing labor
services that are relatively less expensive and are available during periods of
greater labor; and
WHEREAS, on Monday June 7, 2004, the Staff presented a proposal to
hire a temporary person to assist the City in expanding its commercial database;
and
WHEREAS, the City Charter, Section 7.08 gives the City Council authority
to amend the budget by resolution;
WHEREAS, since the main benefit for this work will be realized in Storm
Water Management, it is proposed that the majority of the wages should be
derived from the City’s Storm Water Utility Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The creation of a temporary Data Entry Position is hereby
approved.
2. The hiring for this position is authorized.
3. The hourly rate is established at $10.50/hr with the possibility of
minor adjustments in the event an acceptable candidate cannot be
found.
4. The position will work up to, but not exceed, forty (40) hours per
week.
5. This temporary position will remain on staff for a period no longer
than six months.
6. The purchase of a planimeter to collect site plan data in the amount
of $877.00 including tax, is hereby approved.
7. The salary for this temporary position will be derived primarily from
the City’s Storm Water Utility Fund. There may be other funds that
may be used based on the benefit derived; these include, but are
not limited to, the Street Light Utility Fund and the Water and Sewer
Fund.
Adopted this 14th day of June 2004.
(ATTEST) ____________________________________
Jerry Linke, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
EXHIBIT A
Item No. 3D
Meeting Date: June 7, 2004
Type of Business: WK
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: Parcel Database
Storm Water Utility
Background:
On August 23, 1993, The City Council passed Ordinance No. 529. This
ordinance established the City’s Surface Water Management Utility Charge.
Discussion:
At the time the Surface Water Management Utility Charge was developed a
database was needed to be developed to properly charge properties the Storm
Water Utility as prescribed by ordinance. As of this date, as best as can be
determined by Staff, no such database exists.
A database is critical in adjusting the rates for not only the Storm Water Utility
Rate but other rates as well. A database will also insure that the rate adjustments
are being done in such a manner so as to be in compliance with the City
ordinance that established such charges.
Example: On January 24, 2004 the City Council approved a rate adjustment to
the Storm Water Utility Fee. This was done via ordinance revision No. 728. Since
a database was not available, the rate adjustment was based on a percent
increase of existing charges and not based on the requirements of Ordinance
No. 529 which established the City’s Surface Water Management Utility Charge.
There was also great difficultly in making the adjustment to every non-residential
property in the City. What should have taken less than a minute to change a
base rate in a database took many Staff hours to change each properties rate.
Proposal
Staff is proposing to hire a seasonal / temporary data entry student to assist the
City in entering the necessary data to complete the Financial database. This
person would use existing data from the County, and then add in the necessary
data fields. This person would work approximately three months this summer at a
rate around $10.50 per hour. This represents a total expenditure of $5,000.
The City also has the issue of the Storm Water Utility Charge being based simply
on land use and the size of that property. The fairest and most defensible way to
assign the Storm Water Utility Charge is to base it on the actual runoff that each
property is generating. To do so, a formula is applied to all non-residential
properties that calculates run off and converts it to a “Residential Equivalent”
amount. Factors such as wetland areas and impervious areas (such as parking
lots and building pads) are used in the calculation. Staff has developed the
structure of this database. It is now a simple matter if adding the data.
So in addition to updating the Finance Billing Database, there is the possibility
that this person could be used to add a few more data fields which would give the
City the option to explore the possibility of changing structure of the Storm Water
Utility charge from one based simply on land use and the size of that property to
one that is based on the actual run off created by a particular property.
Part of the duties of this proposed seasonal / temporary data entry student would
be to retrieve and re-file older commercial construction and site plans. As a side
benefit, these plans could be re-organized and categorized.
Budget
Since the main benefit for this work will be realized in Storm Water Management,
it is proposed that the majority of the wages should be derived from the City’s
Storm Water Utility Fund. There may be other funds that may be used base on
the benefit derived. These include the Street Light Utility Fund, along with the
Water and Sewer fund.
Recommendation:
Staff is looking for direction from the City Council pertaining to this matter.
Specifically, Staff is looking for Council input on Staff’s proposal to hire a
seasonal / temporary data entry student to assist the City in entering the
necessary data to complete the Financial database.
Respectfully Submitted,
Greg Lee, Director of Public Works
Item No. 9M
Meeting Date: June 14, 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. 6281 Setting a Public Improvement
Hearing Date and Authorizing the Preparation of
Plans and Specifications 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:
Option No. 1 City to pay the full estimated cost of $46,000
Option No. 2 City to pay for the work within the City right-of-way and Park
to pay for the work associated with upgrading their driveway
City $28,650 / Park $17,350
Option No. 3 Park to pay the full estimated cost of $46,000
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.
In anticipation of receiving the grant, on May 3, 2004, Staff brought forth to the
City Council the issue of how the grant should be applied as a funding source.
Staff recommended 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
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.
On May 10, 2004, The City Council approved Resolution No. 6244. As per this
resolution:
1. 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.
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.
Discussion:
Based on the approval of resolution No 6244, Staff drafted a petition for public
improvement for this project to be executed by the property owner of the Mounds
View Manufactured Home Park. This was reviewed and approved by the City’s
legal counsel. See attached Exhibit A.
This petition was sent to the property manager with a letter requesting its
execution should the property owner of the Mounds View Manufactured Home
Park wish to proceed with the second access project. On June 8, 2004, the City
received a copy of an executed petition.
Preliminary Feasibility Report - On the basis of the City Council's previous
action, a preliminary report was prepared and was approved on October 13,
2003.
Set Public Improvement Hearing - The public improvements associated with
the second access will mainly benefit the Mounds View Manufactured Home
Park. The City is not proposing assigning assessments to any other properties.
The City can therefore waive an assessment hearing for this project. However,
there has been a lot of discussion and interest from nearby property owners who
will be affected by this project. Staff is therefore recommending that the City hold
a public improvement hearing for the project. A hearing date of July 12, 2004,
will afford the necessary time to publish legal notices and send out letters to
affected property owners.
Authorize the Preparation of Plans and Specifications – Typically the
authorization to prepare plans and specifications occurs after the City Council
conducts a public hearing and orders the project. However, in this case Staff is
recommending that authorization to prepare plans and specifications occur as
soon as possible. Should this project be ordered by City Council, authorizing the
preparation of the plans and specifications at this time will allow this project to be
added to the Hidden Hollow Street and Utility Improvement Project as a bid
addendum and thus be included in the competitive bidding process, and be bid
with a larger project in an effort to receive more favorable bids.
The City does, however, take a risk by authorizing the preparation of plans and
specifications at this time in the event that the project is never ordered. The cost
to prepare that plans and specification will be borne by the City.
Recommendation:
It is recommended the City Council approve a resolution setting a public
improvement hearing date and authorizing the preparation of plans and
specifications for the Mounds View Manufactured Home Park Second Access
Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6281
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
SETTING A PUBLIC IMPROVEMENT HEARING DATE AND AUTHORIZING
THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MOUNDS
VIEW MANUFACTURED HOME PARK SECOND ACCESS PROJECT
WHEREAS, on October 13, 2002, City Council adopted Resolution No.
6119 approving the preliminary feasibility report for the Mounds View
Manufactured Home Park Second Access Project; and
WHEREAS, on May 10, 2004, The City Council approved Resolution No.
6244 establishing the financing for this project; and
WHEREAS, the owner of the Mounds View Manufactured Home Park has
submitted a petition for public improvement to install a second access to the
Park; and
WHEREAS, a Public Hearing for this project is not required, however,
desired by the City Council; and
WHEREAS, a Public Improvement Hearing date of July 12, 2004, will
afford the necessary time to publish legal notices and send out letters to affected
property owners; and
WHEREAS, typically the authorization to prepare plans and specifications
occurs after the City Council conducts a public hearing and orders the project,
however, in this case it is recommended so that should this project be ordered, it
could be added to the Hidden Hollow Street and Utility Improvement Project as a
bid addendum and thus be included in the competitive bidding process, and be
bid with a larger project in an effort to receive more favorable bids; and
WHEREAS, the City Council recognizes the risk of authorizing the
preparation of plans and specifications before the project is ordered is that the
cost to prepare that plans and specifications will be borne by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. A public improvement hearing for said improvement is hereby set
for 7:00 PM on July 12, 2004 at the Mounds View City Hall and the
City Administrator shall give mailed and published notice of said
hearing and improvements as required by law.
2. The City Administrator is authorized and directed to cause notice of
the time, place and purpose of said meeting to be published for two
(2) successive weeks in the official newspaper of the City, the first
of such publication to be not less than ten (10) days and the second
not less than three (3) days prior to the date of said meeting, and to
be mailed to owners of the property in the area proposed to be
assessed not less than ten (10) days prior to the date of said
meeting.
3. The preparation of the plans and specifications for the Mounds
View Manufactured Home Park Second Access Project is hereby
authorized.
Adopted this 14th day of June 2004.
(ATTEST) ____________________________________
Jerry Linke, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
EXHIBIT A
PETITION AND WAIVER AGREEMENT
This Petition and Waiver Agreement is entered into this _____ day of
_________________, 2004, by and between THE CITY OF MOUNDS VIEW, a
Minnesota municipal corporation, (“City”) and ____________________(“Owner”).
1.______________________ is the Owner of the real estate described as follows
(“Subject Property”): (add legal description)
Mounds View Manufactured Home Park
2. The Owner petitions the Mounds View City Council to construct the following
public improvements to service the Subject Property:
The installation of a second driveway access and associated roadway improvements
located at the intersection of Glenhaven Lane with Belle lane and Raymond Avenue.
3. The Owner respectfully petitions the Mounds View City Council to assess a
maximum of thirty-seven and seven-tenths percent (37.7%) of the entire cost of the
public improvements to the Subject Property. The City has secured a Community
Development Block Grant (CDBG) from the County in the amount of thirty thousand
dollars ($30,000.00), which will be applied to reduce the total assessment on the Subject
Property. The Owner understands that after applying the $30,000.00, the overall cost of
the public improvements will be approximately $46,000 and the total amount assessed to
the Subject Property will be approximately $17,350.00.
4. The Owner recognizes that a preliminary feasibility report has been completed
regarding the proposed improvements. The Owner concurs with the scope of the project
and associated assessments and respectfully requests the Mounds View City Council to
order the preparation of plans and specifications regarding the proposed improvements.
5. Concurrently with the execution of this Agreement, the Owner will furnish and
deliver to the City a cash deposit, certified check, or irrevocable letter of credit in the
amount of $__-0-___ ____________ to guarantee payment for costs of the preparation of
the preliminary report and the expenses to be incurred by the City of Mounds View in
preparing for and holding a public improvement hearing on the proposed improvements.
6. The Owner waives the right to appeal the levy of the special assessment in
accordance with this Agreement and pursuant to Minn. Stat. § 429.081, or to otherwise
challenge the amount or validity of the assessments or the procedures used by the City in
levying the assessments for said public improvements. The Owner releases the City, its
officers, agents and employees, from any and all liability related to or arising out of the
levying of said assessment.
7. The Owner waives the right to challenge any reapportionment of the special
assessments upon division of land under Minn. Stat. § 429.071, subd. 3.
8. The terms and provisions of this Agreement shall be binding upon and inure to the
benefit of the heirs, representatives, successors and assigns of the parties, shall be binding
upon all future owners of all or any part of the Subject property, and shall be deemed to
be covenants running with the land.
IN WITNESS WHEREOF, the parties have set their hands the day and year first
written above.
CITY OF MOUNDS VIEW
By:________________________________
Mayor
By:________________________________
City Administrator
OWNER (insert name)
By:________________________________
Its:________________________________
By:________________________________
Its:________________________________
Item No: 10B
Meeting Date: June 14, 2004
Type of Business: Council Business
Administrator Review : ______
City of Mounds View Staff Report
To: Mounds View City Council
From: Kristin Prososki, Planning Associate
Item Title/Subject: Consideration of a Development Review for an Addition
at 2151 Mustang Drive; Planning Case DE2004-002
Introduction:
The applicant, Greg Kelley, is proposing to construct an addition to the Bioclean building
located at 2151 Mustang Drive, which is zoned I-1, Industrial, and has a lot area of 42,253
square feet. Section 1006.06 of the Municipal Code requires that all expansions of existing
construction that increase the building size by 10% or more be approved by the City Council.
The proposed addition would have a footprint of 4,070 square feet, which would be a 75%
increase to the current building. The building would have a total area of 9,515 square feet.
Background:
The building was constructed in 1981 and at that time the building was granted a ten (10)
foot rear setback variance due to an irregular shaped lot. A setback variance was granted
again in 1995 when an addition was constructed to the building. On May 19, 2004, the
Planning Commission reviewed this development proposal, along with variance requests.
The applicant requested a two (2) foot front setback variance and a thirty-three (33) foot front
parking setback variance. The Planning Commission granted the variances, which allow the
building to have a front setback of thirty-eight (38) feet and a front parking setback of seven
(7) feet. In addition, the property was also granted a variance for an additional curb cut on
Mustang Drive.
Development Review:
Setbacks: Below is a chart displaying the required and proposed building and parking
setbacks for the BioClean property:
Building Setbacks Required Proposed Compliance
Front (Mustang Dr.) 38 feet 38 feet Yes*
Front (Old Hwy 8) 40 feet 82 feet Yes
Side (west) 20 feet 69 feet Yes
Rear (north) 33 feet 33 feet Yes**
Bio-Clean Development Review
June 14, 2004
Page 2
Parking Lot Setbacks
Front (Mustang Dr.) 40 feet 40 feet Yes
Front (Old Hwy 8) 7 feet 7 feet Yes*
Side (west) 5 feet 5 feet Yes
Rear (north) 5 feet 5 feet Yes
*Variance granted for these setbacks on May 19, 2004.
** Variance granted for this setback in 1981.
Parking Area: Code requires one stall for every employee. On the busiest shift, there is a
maximum of fourteen (14) employees. The plans show twenty parking spaces, which
exceeds the requirement by six. Section 902.04 of the Municipal Code requires perimeter
curbing for all industrial parking areas.
Access: There are currently two, twenty-foot wide curb cuts on the property that access
Mustang Drive. There are no curb cuts onto Old Highway 8. The property was granted a
variance for an additional curb cut to the Mustang Drive frontage to allow for easier access
and egress for large trucks. The Zoning Code allows curb cuts up to thirty-two (32) feet in an
I-1, Industrial Zone. The applicant is proposing to add one, thirty-two (32) foot curb cut on
the west side of the property to allow trucks to exit the property after leaving the loading
area. The existing curb cut near the center of the property would remain the same in size
and location and would be used to allow trucks to enter the front stalls of the building. The
curb cut on the east side of the property would remain in the same location, but would be
enlarged from twenty (20) feet to thirty-two (32) feet.
Drainage: There is currently a small pond on-site. Staff contacted Rice Creek Watershed to
find out if this addition would require their review and approval. After speaking with Karl
Hammers from Rice Creek Watershed, it was found that the applicant would not be required
to submit an application for a Rice Creek Watershed grading permit.
The existing pond captures run-off from the eastern three-quarters of the property. Public
Works and Community Development Staff recommend that an infiltration basin be added in
the southwest corner of the property. The infiltration basin would collect some of the run-off
created by the addition to the building and parking lot. The run-off not collected by the two
detention areas would flow into the City’s storm sewer system.
Building Exterior: The proposed addition will add seventy-four (74) feet onto the west end of
the building. The building is nineteen (19) feet tall. The new portion of the building will have
two larger overhead doors at the west end to allow the Bioclean trucks to park inside the new
addition. The addition will have windows on the top half of the building to match with the
existing building and allow natural light into the building. The exterior materials used would
match the exterior of the existing building.
Landscaping: The applicant is not proposing to add or remove any landscaping.
Signage: No new signage is proposed with the addition.
Bio-Clean Development Review
June 14, 2004
Page 3
Lighting: The applicant proposes no changes to the exterior illumination of the site.
Development Review Summary:
Staff and the Planning Commission support a recommendation of approval for the
development review. The expansion would satisfy all Code requirements and would not
adversely impact adjacent properties.
Planning Commission Review:
The Planning Commission reviewed this request at their meeting on May 24, 2004. Property
owners within 350’ of the subject property were notified of the development review and
associated variance request. Hearing no negative feedback and ascertaining no negative
consequences or impacts from the expansion, the Commission adopted Resolution 760-04,
which recommended to the Council approval of the development review. Their resolution is
attached for the Council’s review.
Recommendation:
After taking testimony from staff and the property owner, the Council can take one of the
following actions related to the request:
1. Approve the development review with conditions. Resolution 6283 is attached for the
Council’s approval if that is the chosen course of action.
2. Ask that applicant return with an alternative plan. If the Council feels that changes or
additional requirements are necessary, direct the applicant to submit revised plans
reflecting the changes.
3. Table the request. If additional information is needed before a decision can be rendered
or if more discussion is needed, the Council can simply move to table the request until
such information has been provided. Because of 60-day requirements, the Council
would need to act upon the request as soon as reasonably possible to avoid an
inadvertent approval.
Respectfully submitted,
Attachments:
1. Application
2. Zoning Map
3. Location Map
4. Photographic Documentation
5. Planning Commission Resolution 760-04
6. Resolution 6283
7. Site Plan (Separate Attachment)
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 760-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT BUILDING
AND PARKING SETBACKS AND A VARIANCE FOR AN ADDITIONAL CURB CUT
AND RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW FOR AN
ADDITION AT 2151 MUSTANG DRIVE;
PLANNING CASE NO. DE2004-002, VR2004-004
WHEREAS, the applicant, Greg Kelley, has applied for a variance from the
minimum front building and parking setbacks and a variance for an additional curb cut
and development review for an addition at 2151 Mustang Drive; and,
WHEREAS, Section 1104.01 of the Mounds View Zoning Code indicates that the
minimum front setback for an industrial building is 40 feet and the minimum front
parking lot setback is 40 feet; and,
WHEREAS , Section 1121.09 of the Mounds View Zoning Code indicates that
each property elevation is allowed one curb cut for each 125 feet of street frontage;
and,
WHEREAS, the applicant is requesting a variance for a thirty-eight foot front
setback, a seven foot front parking setback and an additional curb cut; and,
WHEREAS, the applicant is requesting a development review for a 4,070 square
foot addition to the existing 5,445 square foot Bioclean building; and,
WHEREAS, Section 1006.06 requires development review for additions that
increase the building area by more than 10%; and,
WHEREAS, The Planning Commission reviewed the following materials relating
to these requests:
1. Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Photographic Documentation
6. Staff Report
Bio-Clean Development Review
June 14, 2004
Page 10
WHEREAS, the Planning Commission held a duly noticed public hearing regarding
the variances and development review on Wednesday, May 19, 2004; and,
WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View
Municipal Code, the Planning Commission is to review a standard set of criteria, of which
all must be satisfied, in order to grant a variance to the Zoning Code.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
makes the following finding of facts related to this request:
1. The exceptional or extraordinary conditions relating to the variance request are
that the lot is irregularly shaped and therefore difficult to develop further.
2. The literal interpretation of the Zoning Code would create a hardship for the
applicant.
3. The applicant has not caused the condition that prompted the variance
requests.
4. Granting the variances would not confer upon the applicant a special privilege.
5. The variances requested are the minimum variances which would alleviate the
hardship in that they are the minimum necessary to allow the proposed addition
to match the existing addition and allow large trucks to travel through the
property.
6. Granting a variance to allow for the utilization of the front setback would not be
detrimental to the Zoning Code in that the current building exists thirty-eight feet
from the front property line and the reduced parking setback and additional curb
cut would not have a negative impact on the surrounding areas.
7. The variance would not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase
the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning
Commission, based upon the above identified finding of facts, does hereby approve the
variance requested for a thirty-eight foot front building setback, a seven foot front parking
setback and an additional curb cut at 2151 Mustang Drive, subject to the following
requirements:
1. The property shall have no more than three curb cuts.
2. The proposed addition shall be completed within one year of City Council approval
or the variance shall be null and void.
Bio-Clean Development Review
June 14, 2004
Page 11
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission has reviewed the proposed addition at 2151 Mustang drive and does
recommend approval of the development review to the Mounds View City Council.
NOW THEREFORE, 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 19th day of May, 2004.
____________________________________
Gary Stevenson, Chairperson
ATTEST:
____________________________________
James Ericson
Community Development Director
(SEAL)
Bio-Clean Development Review
June 14, 2004
Page 12
RESOLUTION NO. 6283
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A DEVELOPMENT REVIEW FOR A 4,070 SQUARE
FOOT EXPANSION OF THE BUSINESS LOCATED AT 2151 MUSTANG DRIVE;
PLANNING CASE NO. DE2004-02
WHEREAS, The applicant, Greg Kelley, property owner of 2151 Mustang Drive
has requested approval of a Development Review to construct a 4,070 square-foot
expansion to his business; and,
WHEREAS, the subject property is zoned I-1 Industrial, and is legally described as
follows:
Lot 5, Block 1, Mounds View Industrial Park
Ramsey County
State of Minnesota
WHEREAS, according to Section 1006.06 of the Mounds View Municipal Code,
any new construction or expansion of existing facilities of ten percent or more of the
building area requires the approval of a development review; and,
WHEREAS, the City Council has reviewed the following documents regarding
this proposal:
a. Planning Application
b. Zoning Map
c. Elevation Drawing
d. Site Plan
e. Staff Report
f. Planning Commission resolution 760-03
WHEREAS, the proposed development satisfies all applicable requirements of
the Zoning Code; and,
WHEREAS, the site plan indicates that the proposed addition would be 74 feet
by 55 feet with a footprint of 4,070 square feet.
Bio-Clean Development Review
June 14, 2004
Page 13
NOW THEREFORE BE IT RESOLVED that the Mounds View City Council, finding
that all of the requirements have been met, does hereby waive the development contract
provision and approve the development review request for the construction of a 4,070
square foot addition to the existing business facility located at 2151 Mustang Drive, subject
to the following conditions:
1. The property shall have no more than three curb cuts.
2. The proposed addition shall be commenced within one year of the adoption of
this resolution or the development review and associated variance approval shall
become null and void.
3. The site plan shall be amended and resubmitted to show perimeter curbing
around the parking lot.
4. An infiltration basin shall be constructed in the southwest corner of the property
and the site plan shall be amended to reflect the location of the new infiltration
basin.
Adopted this 14th day of June, 2004.
_________________________________
Jerry Linke, Mayor
ATTEST:
_________________________________
Kurt Ulrich, City Clerk / Administrator
(SEAL)
Item No. 10G
Meeting Date: June 14, 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: Tracy Juell, Administrative Assistant, Public Works Dept
Item Title/Subject: Ordinance Change to Chapter 603, Garbage and
Rubbish, Section 603.06, Sub 2, Requirements and
Restrictions – Second Reading
Background:
At the May 24, 2004 Council Meeting, Council directed Staff to make a revision to
Ordinance 603, Garbage and Rubbish, to reflect the restriction of residential
garbage collections to Thursdays only. This is the second reading of the ordinance
revision.
Chapter 603 of the City of Mounds View Municipal Code is hereby amended with the
proposed additions underlined and the proposed deletions to read as follows:
Additional verbiage to Ordinance 603, sub 2, Requirements and Restrictions is:
(5) Collection of garbage and rubbish materials for single family residences shall be
restricted to Thursdays only, except when Thursday is a legal holiday. In the case of
a holiday, the collection will occur the following business day.
Recommendation:
Approve second reading of Ordinance 603 revision to reflect Thursday only garbage
pickups for single family dwellings.
Respectfully Submitted:
Tracy Juell, Administrative Assistant
ORDINANCE NO. 737
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY
AMENDING CHAPTER 603, GARBAGE AND RUBBISH
The City of Council of the City of Mounds View hereby ordains:
SECTION 1. Subd 2b of Section 603.06 is hereby amended with additions underlined and
deletions to read as follows:
Subd b. Additional Restrictions for Residential Haulers: In addition to the other requirements
of this Chapter, haulers servicing residences, mobile home parks and multiple dwellings
shall comply with the following:
(1) Curbside recycling collection will be made available to all residential and
multiple dwelling customers no later than July 1, 1990. Such service shall include an at
least bi-weekly collection of all recyclable materials on the same day as garbage and
rubbish collection for residences.
(2) Collection of garbage and rubbish materials will be provided on a weekly
basis and recyclable materials will be provided on an at least bi-weekly basis, but not
necessarily on the same day, for multiple dwellings and mobile home parks.
(3) Collection service priced on the basis of volume shall be provided. All
billings shall be itemized so as to show what individual charges are being levied.
(4) Each licensee shall separately collect and dispose of yard waste on a
regular basis for a minimum of eight (8) weeks in the spring, commencing on April 1,
and eight (8) weeks in the fall, commencing on September 15.
(5) Collection of garbage and rubbish materials for single family residences
shall be restricted to Thursdays only, except when Thursday is a legal holiday. In the
case of a holiday, the collection will occur the following business day.
SECTION 2. This ordinance shall take effect thirty days after the date of its publication.
Read by the City Council of the City of Mounds View on this 24th day of May,
2004.
Read and passed by the City Council of the City of Mounds View on this
14th day of June, 2004.
Jerry Linke, Mayor
ATTEST:
Kurt Ulrich, City Administrator
(SEAL)
Approved as to form:
Mounds View City Attorney
Item No. 10H
Type of Business:CA
Meeting Date: June 14, 2004
Administrator Review: ______ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Administrative Assistant
Item Title/Subject: First Reading of Ordinance 741, and Ordinance to amend Title 400
of the City Code regarding the Appointment and Terms of the
Planning and Zoning Commission, Police Civil Service
Commission, Parks and Recreation Commission, and the Economic
Development Commission
Date of Report: June 14, 2004
On the April 5, 2004 Work Session, Staff was directed to amend the Appointment and Terms of the
Planning and Zoning Commission, Police Civil Service Commission, Economic Development Commission
and the Parks and Recreation Commission in the City Code to include the City Council in appointing
these members.
Planning and Zoning Commission
According to Title 400, §401.02 of the City Code, the Planning and Zoning Commission shall consist of
seven (7) members from the resident population of Mounds View, other than personnel elected to a public
body, to be appointed by the Mayor with approval of the City Council, from applications submitted.
The appointees shall have three (3) year staggered terms; at least two (2) of these terms, but not more
than three (3) terms, shall expire each year on December 31. Based up on the recommendation of the
Planning and Zoning Commission, the Mayor, with the approval of the City Council, shall appoint
a chairperson.
Amendment:
Subd. 1. Membership; Terms:
The Planning and Zoning Commission shall consist of seven (7) members from the resident population
of Mounds View, other than persons elected to a public body, to be appointed by the City Council,
and based on the recommendation of the Planning and Zoning Commission from applications
submitted. The appointees shall have three (3) year staggered terms; at least two (2) of these terms,
but not more than three (3) terms, shall expire each year on December 31. Based upon the
recommendation of the Planning and Zoning Commission, and the City Council shall appoint a
chairperson.
Police Civil Service Commission
According to Title 400, § 404.01 and 404.02 of the City Code, the Police Civil Service Commission shall
consist of three (3) members, who shall be appointed by the Mayor with the approval of a majority of
the Council.
When first appointed, one (1) Commissioner shall be appointed for one (1) year, who shall be president of
the Commission, one (1) for two (2) years and one (1) for three (3) years. Each Commissioner shall hold
their office until a successor is duly appointed and qualified. There shall thereafter be one (1) member of
the Commission appointed each year for a term of three (3) years, and each shall, during the last year of
their term, be president of the Commission.
Amendment:
404.02: MEMBERSHIP; OATH; TERM; COMPENSATION:
Subd. 1. Appointments and Terms: Each member shall be appointed by the City Council, and based
on the recommendation of the Police Civil Service Commission, from applications submitted.
When first appointed, one (1) Commissioner shall be appointed for one (1) year, who shall be president
of the Commission, one (1) for two (2) years and one (1) for three (3) years. Each Commissioner shall
hold their office until a successor is duly appointed and qualified. There shall thereafter be one (1)
member of the Commission appointed each year for a term of three (3) years, and each shall, during
the last year of their term, be president of the Commission.
Parks and Recreation Commission
According to Title 400, §405.02 of the City Code, the Parks and Recreation Commission shall consist of
seven (7) members appointed by the Mayor with approval of the majority of the Council. The
Mayor, with approval of the City Council, shall appoint a chairperson at the first regular meeting of the
Council in January.
Amendment:
405.02: MEMBERSHIP; OATH; COMPENSATION:
Subd. 1. Appointment of Members: The Commission shall consist of seven (7) members appointed
by the City Council and based on the recommendation of the Parks and Recreation
Commission, from applications submitted. Based upon the recommendation of the Parks and
Recreation Commission, and the City Council, they shall appoint a chairperson at the first regular
meeting of the Council in January.
Economic Development Commission
According to Title 400, Chapter 408, the Economic Development Commission shall serve as an advisory
commission to the Economic Development Authority, hereinafter the “Authority”, on matters relating to
fostering a positive economic climate, encouraging economic development and enhancing the tax base of
the City. The Commission shall be composed of seven (7) equal voting member, including three (3)
business representatives and four (4) residents, appointed by the Authority President with the
approval of the Authority Board of Commissioners.
Amendment:
408.03: COMPOSITION, MEMBERS, QUALIFICATION OF MEMBERS, TERMS OF OFFICE:
The Commission shall be composed of seven (7) equal voting members, including three (3) business
representatives and four (4) residents, appointed by the Authority Board of Commissioners based on
the recommendation of the Economic Development Commission, from the applications submitted.
Members shall have diverse qualifications with practical experience consisting of, not limited to, but
including one (1) of the following areas: economics, finance, accounting, real estate, social services and
marketing. For the purpose of initiating the Commission, the terms of all members shall expire December
31, 1994.
Discussion
The City will continue to advertise for any commission openings. When the application is received, it will
be date stamped, and copies of all applications will be given to the Commission for their recommendation.
After the Commission has made their recommendation(s), all information will be forwarded to the City
Council for their appointment/consideration. All applicants that are not considered will be kept on file for
one year, and then destroyed.
Recommendation
Consider the first reading and introduction of Ordinance 741, an ordinance to amend Title 400 of the City
Code pertaining to the Appointment and Terms of the Planning and Zoning Commission, Police Civil
Service Commission, the Parks and Recreation Commission, and the Economic Development
Commission. The second reading is scheduled for Monday, June 28, 2004.
Respectfully submitted,
Desaree Crane
ORDINANCE NO. 741
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 400 OF THE CITY CODE PERTAINING TO THE APPOINTMENT
AND TERMS OF THE PLANNING AND ZONING COMMISSION, POLICE CIVIL SERVICE
COMMISSION, THE PARKS AND RECREATION COMMISSION AND THE ECONOMIC
DEVELOPMENT COMMISSION
WHEREAS, the City Council has directed staff to amend the Appointment and Terms of the
Planning and Zoning Commission, the Police Civil Service Commission, Parks and Recreation
Commission, the Economic Development Commission to be consistent throughout Title 400 of the
Mounds View City Code; and
WHEREAS, the amendment of the Appointment and Terms of the Planning and Zoning
Commission, the Police Civil Service Commission and the Parks and Recreation Commission state that
all members of these commissions are to be appointed by the City Council, and based upon the
recommendation of the commission, from applications submitted; and
WHEREAS, the amendment of the Appointment and Terms of the Economic Development
Commission state that all members are appointed by the Authority Board of Commissioners based on the
recommendation of the Economic Development Commission, from the applications submitted.
NOW, THEREFORE, BASED ON THE ABOVE
THE CITY OF MOUNDS VIEW ORDAINS as follows with additions bolded and underlined and
deletions stricken to read:
CHAPTER 401
PLANNING AND ZONING COMMISSION
401.02: MEMBERSHIP; TERMS; OATH; COMPENSATION:
Subd. 1. Membership; Terms:
The Planning and Zoning Commission shall consist of seven (7) members from the resident population
of Mounds View, other than persons elected to a public body, to be appointed by the Mayor with
approval of the City Council, from applications submitted to be appointed by the City Council, and
based on the recommendation of the Planning and Zoning Commission, from the applications
submitted . The appointees shall have three (3) year staggered terms; at least two (2) of these terms,
but not more than three (3) terms, shall expire each year on December 31. Based upon the
recommendation of the Planning and Zoning Commission, the Mayor, with approval of the City Council
and the City Council, shall appoint a chairperson.
Ordinance 741
Page 2
CHAPTER 404
POLICE CIVIL SERVICE COMMISSION
404.01: COMMISSION ESTABLISHED: There is hereby created a Police Civil Service Commission
of three (3) members, who shall be appointed by the Mayor with the approval of a majority of the Council, to be
known as the Police Civil Service Commission.
404.02: MEMBERSHIP; OATH; TERM; COMPENSATION:
Subd. 1. Appointments and Terms: Each member shall be appointed by the City Council, and based
on the recommendation of the Police Civil Service Commission, from applications submitted.
When first appointed, one (1) Commissioner shall be appointed for one (1) year, who shall be president
of the Commission, one (1) for two (2) years and one (1) for three (3) years. Each Commissioner shall
hold their office until a successor is duly appointed and qualified. There shall thereafter be one (1)
member of the Commission appointed each year for a term of three (3) years, and each shall, during
the last year of their term, be president of the Commission.
CHAPTER 405
PARKS AND RECREATION COMMISSION
405.02: MEMBERSHIP; OATH; COMPENSATION:
Subd. 1. Appointment of Members: The Commission shall consist of seven (7) members appointed by the
Mayor with the approval of the majority of the Council by the City Council and based on the
recommendation of the Parks and Recreation Commission, from the applications submitted..
The Mayor, with approval of the City Council, shall appoint a chairperson at the first regular meeting of
the Council in January. Based upon the recommendation of the Parks and Recreation
Commission, and the City Council, they shall appoint a chairperson.
CHAPTER 408
ECONOMIC DEVELOPMENT COMMISSION
408.03: COMPOSITION, MEMBERS, QUALIFICATION OF MEMBERS, TERMS OF OFFICE:
The Commission shall be composed of seven (7) equal voting members, including three (3) business
representatives and four (4) residents, appointed by the Authority President with the approval of the
Authority Board of Commissioners appointed by the Authority Board of Commissioners based on the
recommendation of the Economic Development Commission, from the applications submitted.
Members shall have diverse qualifications with practical experience consisting of, not limited to, but
including one (1) of the following areas: economics, finance, accounting, real estate, social services and
marketing. For the purpose of initiating the Commission, the terms of all members shall expire December
31, 1994.
Ordinance 741
Page 3
SECTION 2. This ordinance shall take effect thirty days after the date of its publication.
Read by the City Council of the City of Mounds View on this 14th day of June, 2004.
Read and passed by the City Council of the City of Mounds View on this
day of June, 2004.
____________________________________
Jerry Linke, Mayor
ATTEST:
(SEAL) Kurt Ulrich, City Administrator
Approved as to form:
Mounds View City Attorney
Item No. 10K
Type of Business:CA
Meeting Date: June 14, 2004
Administrator Review: ______ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Administrative Assistant
Item Title/Subject: Consideration of Resolution 6235 Approving a
Gasoline and Tobacco License for Gas for Less
located at 2525 Highway 10
Date of Report: June 14, 2004
Sameer Shrouki and his corporation Shrouki Enterprise, Inc. request a Gasoline
and Tobacco License for Gas for Less located at 2525 Highway 10. Olson-
Havey Convenience Store, Inc., has given permission to Shrouki Enterprise to
transfer ownership of their Gasoline and Tobacco License.
The appropriate application materials, fee and proof of workers compensation
insurance have been submitted. A fire inspection was done on April 16, 2004
and some code violations were noted. The new owner of these licenses is to
correct these violations 30 days after transfer of ownership. The licensing period
would be June 15, 2004-June 30, 2005.
Recommendation:
Staff recommends approval pending the outcome of Item 10J (Resolution 6282
Approving an Agreement to Purchase 2525 County Road 10 - Gas for Less - for
$820,000), to be presented for consideration on this City Council Meeting.
Respectfully Submitted,
Desaree M. Crane
RESOLUTION 6235
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A Resolution Approving a Gasoline and Tobacco License for
Gas for Less located at 2525 Highway 10
WHEREAS, Sameer Shrouki recently submitted an application for a
gasoline and tobacco license at Gas for Less; and
WHEREAS, the licensing period would be June 15, 2004- June 30, 2005;
and
WHEREAS, all City of Mounds View business licenses must be approved
by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby approve a gasoline and tobacco license for Gas for Less
located at 2525 Highway 10.
Adopted this 14th day of June, 2004.
___________________________________
Jerry Linke, Mayor
ATTEST:
___________________________________
Kurt Ulrich, City Administrator
(seal)
Item No. 10M
Meeting Date: June 14, 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: Sanitary Sewer Illicit Connection Inspection Program
Ordinance Change to Chapter 907.06 entitled Storm
Water
At the June 7, 2004 work session, Council directed Staff to make a revision to
Chapter 907.6, Storm Water, to reflect the implementation of an illicit water discharge
program.
Chapter 907.6, Storm Water is as follows with additions underlined and deletions to
read:
907.06: STORM WATER: It shall be unlawful to discharge or cause to be
discharged into the Municipal sewer system, either directly or indirectly, any roof,
storm, surface, or ground, sump pump, footing tile, or other natural precipitation,
water of any type or kind or water discharged from any air conditioning unit or
system. (1988 Code § 71.07)
Subd. 1. Definition and Method: Dwellings and other buildings and structures
which require, because of the infiltration of water into basements, crawl
spaces and the like, a sump pump system to discharge excess water, shall
have a permanently installed discharge line which shall not at any time
discharge water into the sanitary sewer system. A permanent installation shall
be one which provides for year-round discharge capability to either the outside
of the dwelling, building or structure, or is connected to the City storm sewer or
discharges on the surface within the property or drainage easement. It shall
consist of a rigid discharge line, without valving or quick connections for
altering the path of discharge. Discharge directly into the street or street
guttering system is prohibited.
Subd. 2. Disconnection: Before November 1, 2004, any person, firm or
corporation having a roof, surface, ground, sump pump, footing, or air
conditioning unit or system now connected and/or discharging into the sanitary
sewer system shall disconnect and/or remove same. Any disconnects or
openings in the sanitary sewer shall require a plumbing permit and must be
closed or repaired in an effective as approved by the City Building Inspector.
Subd. 3. Inspection: Every person owning improved real estate that discharges
into the City’s sanitary sewer system shall allow an employee of the City of
Mounds View or their designated representative(s) to inspect the building(s) to
confirm that there is no sump pump or other prohibited discharge into the
sanitary sewer system. Any person refusing to allow their property to be
inspected within (14) days of the date City employee(s) or their designated
representative(s) are denied admittance to the property, shall become subject
to the surcharge hereinafter provided for. Any owner of a property found to be
discharging storm water into the municipal sewer system, either directly or in-
directly shall make the necessary changes and furnish proof of the changes to
the City by November 1, 2004 to comply with the Ordinance.
Subd. 4 Future Inspections: At any future time, if the City has reason to suspect
that an illegal connection may exist in a premises, the owner, by written notice
shall comply with the provisions of Chapter 907.6, Subd. 3.
Subd. 5. Incentive: There are a number of methods to dispose of sump effluent.
These include pumping the water into a cistern or discharging it within the
property. Any property which has an existing illegal connection may apply for
City financial assistance by requesting a City inspector to verify the illegal
connection, have the repair completion verified and submit a receipt(s) for
labor and/or materials (self-help labor rate valued at $60.00 for the complete
job). Upon verification of the corrective action and costs, the City will remit to
the property owner one-half of the cost to correct the illegal connection to a
maximum of $300.00 per installation. The property owner may petition the City
to abate the illegal connection and assess the property owners the cost for the
corrective work over a 3-year period. This incentive program is in effect until
November 1, 2004.
Subd. 6 Surcharge: A surcharge of $75.00 per quarter shall be imposed and
added to every sewer billing mailed on and after January 1, 2005 to property
owners that are not in compliance with this ordinance. The surcharge shall be
added for the entire quarter until the property is compliance.
Subd. 7 Penalties: Any violation of this Section is a misdemeanor and is subject
to penalties provided for such violations under provision of Chapter 702 of this
code.
Greg Lee, Director of Public Works
ORDINANCE NO. 740
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 907, SECTION 06 ENTITLED
“STORM WATER” IN THE MOUNDS VIEW CITY CODE.
The City of Mounds View ordains:
SECTION 1, Section 907.06 is hereby amended with additions underlined and
deletions to read as follows:
907.06: STORM WATER: It shall be unlawful to discharge or cause to be
discharged into the Municipal sewer system, either directly or indirectly, any roof,
storm, surface, or ground, sump pump, footing tile, or other natural precipitation,
water of any type or kind or water discharged from any air conditioning unit or
system. (1988 Code § 71.07)
Subd. 1. Definition and Method: Dwellings and other buildings and structures
which require, because of the infiltration of water into basements, crawl
spaces and the like, a sump pump system to discharge excess water, shall
have a permanently installed discharge line which shall not at any time
discharge water into the sanitary sewer system. A permanent installation shall
be one which provides for year-round discharge capability to either the outside
of the dwelling, building or structure, or is connected to the City storm sewer or
discharges on the surface within the property or drainage easement. It shall
consist of a rigid discharge line, without valving or quick connections for
altering the path of discharge. Discharge directly into the street or street
guttering system is prohibited.
Subd. 2. Disconnection: Before November 1, 2004, any person, firm or
corporation having a roof, surface, ground, sump pump, footing, or air
conditioning unit or system now connected and/or discharging into the sanitary
sewer system shall disconnect and/or remove same. Any disconnects or
openings in the sanitary sewer shall require a plumbing permit and must be
closed or repaired in an effective as approved by the City Building Inspector.
Subd. 3. Inspection: Every person owning improved real estate that discharges
into the City’s sanitary sewer system shall allow an employee of the City of
Mounds View or their designated representative(s) to inspect the building(s) to
confirm that there is no sump pump or other prohibited discharge into the
sanitary sewer system. Any person refusing to allow their property to be
inspected within (14) days of the date City employee(s) or their designated
representative(s) are denied admittance to the property, shall become subject
to the surcharge hereinafter provided for. Any owner of a property found to be
discharging storm water into the municipal sewer system, either directly or in-
directly shall make the necessary changes and furnish proof of the changes to
the City by November 1, 2004 to comply with the Ordinance.
Subd. 4 Future Inspections: At any future time, if the City has reason to suspect
that an illegal connection may exist in a premises, the owner, by written notice
shall comply with the provisions of Chapter 907.6, Subd. 3.
Subd. 5. Incentive: There are a number of methods to dispose of sump effluent.
These include pumping the water into a cistern or discharging it within the
property. Any property which has an existing illegal connection may apply for
City financial assistance by requesting a City inspector to verify the illegal
connection, have the repair completion verified and submit a receipt(s) for
labor and/or materials (self-help labor rate valued at $60.00 for the complete
job). Upon verification of the corrective action and costs, the City will remit to
the property owner one-half of the cost to correct the illegal connection to a
maximum of $300.00 per installation. The property owner may petition the City
to abate the illegal connection and assess the property owners the cost for the
corrective work over a 3-year period. This incentive program is in effect until
November 1, 2004.
Subd. 6 Surcharge: A surcharge of $75.00 per quarter shall be imposed and
added to every sewer billing mailed on and after January 1, 2005 to property
owners that are not in compliance with this ordinance. The surcharge shall be
added for the entire quarter until the property is compliance.
Subd. 7 Penalties: Any violation of this Section is a misdemeanor and is subject
to penalties provided for such violations under provision of Chapter 702 of this
code.
SECTION 2. This ordinance shall take effect thirty days after the date of its publication.
Read by the City Council of the City of Mounds View on this 14th day of
June, 2004.
Read and passed by the City Council of the City of Mounds View on this
day of June, 2004.
Jerry Linke, Mayor
ATTEST:
(SEAL) Kurt Ulrich, City Administrator
Approved as to form:
Mounds View City Attorney
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
May 24, 2004 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:18 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, May 24, 2004 City Council Agenda. 20
21
City Administrator Ulrich requested that Item 8B be removed for discussion. 22
23
Mayor Linke indicated he would like to move 9B, C, and D before A to open up the assessment 24
hearing and continue it to June 14, 2004 due to issues with Rice Creek Watershed District. 25
26
MOTION/SECOND: Marty/Stigney. To Approve the Monday, May 24, 2004 Agenda as 27
Amended. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
5. PUBLIC INPUT 32
33
David Jahnke indicated he was disappointed on the Church vote because it does not follow the 34
Comprehensive Plan and he thinks this Council made a decision long term that will hurt the City. 35
36
Mr. Jahnke reminded Council that he had asked the City to look at the golf course and some type 37
of plan to solve the problems out there so that it does not keep going further into debt. 38
39
Mayor Linke indicated the City has looked at several scenarios and asked for more information 40
on several of them for discussion. 41
42
City Administrator Ulrich indicated he would send the information to Mr. Jahnke. 43
44
Mounds View City Council May 24, 2004
Regular Meeting Page 2
6. SPECIAL ORDER OF BUSINESS 1
2
None. 3
4
7. JUST AND CORRECT CLAIMS 5
6
Council Member Marty asked whether the Kennedy and Graven fees for ProCraft Homes, Silver 7
Lake Woods and Waldoch minor subdivision would be reimbursed by the developers. 8
9
Community Development Director Ericson indicated that the Waldoch and Silver Lake Woods 10
matters could be invoiced but it was the City’s position to split the costs associated with the 11
Hidden Hollow development. 12
13
Public Works Director Lee indicated Council gave direction to Staff that the City would be 14
picking up the legal costs associated with the dedicating of the private streets to the City. 15
16
Council Member Marty asked what the Aviation Policy Plan Task Force is. 17
18
City Attorney Riggs indicated he would need to look into exactly what was done on the matter 19
but it refers to the Anoka County Blaine Airport and an issue he was working on with City 20
Administrator Ulrich. 21
22
Council Member Marty asked whether Bethlehem Baptist Church would be invoiced for costs. 23
24
Director Ericson indicated that Bethlehem was invoiced relating to the PUD amendment. 25
26
Council Member Marty asked why there was more paid than invoiced for the golf course 27
billboard lease project. 28
29
Finance Director Hansen explained that the City billed them for an item that was not chargeable 30
to them and needed to issue a credit and, rather than send them a check, they asked that the 31
amount be held by the City to be applied toward the next chargeable item. 32
33
Council Member Marty noted that the City received an invoice for over $15,000 on the Highway 34
10 noise wall. 35
36
Council Member Gunn asked what GCSAA stood for. 37
38
Golf Course Manager Burg indicated it stood for Golf Course Superintendent’s Association of 39
America. 40
41
Barbara Haake indicated that the invoice on aviation was something that had to do with checking 42
up on the Metropolitan Council to ensure that they abide by the agreement with the minor airport 43
requirements. 44
45
Mounds View City Council May 24, 2004
Regular Meeting Page 3
Mayor Linke commented that the Metropolitan Council is bound by the agreement that came out 1
of the lawsuit. 2
3
MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
8. CONSENT AGENDA 8
9
A. Licenses for Approval 10
B. Resolution No. 6269 Approving the Preliminary Feasibility Report, Waiving 11
the Public Improvement Hearing, Ordering the Project, and Authorizing the 12
Preparation of Plans and Specifications for the Hidden Hollow Street and 13
Utility Improvement Project 14
C. Resolution 6259, Employee Appreciation Awards for the Employee 15
Appreciation Lunch on June 9, 2004, with Rain Date of June 10, 2004 16
D. Resolution 6260 Certifying the Reapportionment of Assessments for Messiah 17
Evangelical Lutheran Church, 2848 County Road H2 18
E. Set a Public Hearing for 7:05 p.m., Monday, June 14, 2004 to Consider the 19
First Reading and Introduction of Ordinance 738, an Ordinance Assigning a 20
Name to that Part of County Road 10 Passing Through Mounds View 21
F. Set a Public Hearing for 7:10 p.m., Monday, June 14, 2004 for a Variance 22
Appeal for the Width of a Garage and a Conditional Use Permit Request for 23
an Oversized Garage at 2208 Lois Drive 24
G. Resolution 6252 Approving Golf Course Voice Mail Service with Popp 25
Telecom 26
H. Resolution 6267 Approving a Tobacco License for Big Top Liquors Located 27
at 2577 Highway 10 28
I. Resolution No. 6266 Authorizing the Preparation of a Preliminary Feasibility 29
Report and Consultant Selection for the Construction of a Sedimentation 30
Pond to be Located South of Woodale Drive 31
J. Reschedule Public Hearing Originally Set for 7:05 p.m., Monday, June 21, 32
2004 to 7:05 p.m., Monday, June 28, 2004, to Consider the Proposed 33
Modification to the Development Program for the Mounds View Economic 34
Development Project 35
K. Executive Session Immediately After this City Council Meeting 36
37
City Administrator Ulrich requested that Item B be removed for discussion. 38
39
Council Member Stigney requested that Item C be removed for discussion. 40
41
MOTION/SECOND: Marty/Gunn. To Approve Consent Agenda Items A, D, E, F, G, H, I, J, 42
and K as Presented. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 4
1
B. Resolution 6269 Approving the Preliminary Feasibility Report, Waiving the 2
Public Improvement Hearing, Ordering the Project, and Authorizing the 3
Preparation of Plans and Specifications for the Hidden Hollow Street and 4
Utility Improvement Project. 5
6
Public Works Director Lee indicated that Staff is recommending that this be discussed by 7
Council. He then discussed Page 6 of the feasibility study with Council where the project costs 8
were laid out indicating that Staff recommends that the City bear the entire cost for relocating the 9
northern trunk storm sewer and that the developer pay 100% cost of the southern portion. 10
11
Public Works Director Lee indicated that Staff recommends the manhole area be cleared out by 12
the developer and that class five be added to enable Staff to get back there to maintain it and that 13
would be a utility cost to the City. 14
15
MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 6269, a 16
Resolution Approving the Preliminary Feasibility Report, Waiving the Public Improvement 17
Hearing, Ordering the Project, and Authorizing the Preparation of Plans and Specifications for 18
the Hidden Hollow Street and Utility Improvement Project. 19
20
Gary Nordness from ProCraft addressed Council and asked that the Resolution be amended to 21
allow the project to move forward while the remaining issues are being worked out. He then 22
assured Council that they intend to execute the development agreement as is required. 23
24
Public Works Director Lee explained that everything would be on hold until the development 25
agreement is executed and the appropriate security submitted to the City. 26
27
City Attorney Riggs indicated that he saw no issue with moving forward while resolving the 28
remaining issues. 29
30
Council Member Quick asked if it was a good idea. 31
32
City Attorney Riggs indicated that, based on all discussions he has had, he does not see that this 33
would cause great exposure to the City. He then said that the developer has invested a lot of 34
money and they are close to a final agreement. 35
36
City Attorney Riggs suggested an amendment of: “The City Council approves the report, orders 37
the project and waives” be inserted into the document. 38
39
MOTION/SECOND: Linke/Marty. To Amend Resolution 6269 as Recommended by the City 40
Attorney. 41
42
Ayes – 4 Nays – 1(Quick) Motion carried. 43
44
Ayes – 4 Nays – 1(Quick) Motion carried. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 5
1
C. Resolution 6259 Employee Appreciation Awards for the Employee 2
Appreciation Lunch on June 9, 2004, with a Rain Date of June 10, 2004. 3
4
Council Member Stigney indicated he had pulled this item because it was his understanding that 5
when this was approved by the Council that the certificates were to be obtained and used within 6
the City of Mounds View. 7
8
Ms. Crane indicated that she had reviewed the Minutes and that was discussed but it was 9
recommended that the City not do that. 10
11
Council Member Stigney indicated he has an issue with it. He then said that the Resolution that 12
was passed in 2001 states that the employee appreciation events would be held at the Mounds 13
View Banquet and Conference Center and now it is somewhere else. He further questioned the 14
difference in price between the breakfast last year and the lunch proposed for this year. 15
16
Ms. Crane explained that she and Ms. Burg go out and buy the food from Sam’s Club for the 17
cheapest dollar amount possible and Council prepares it so there is no labor. 18
19
Council Member Stigney indicated he feels that the certificates should be purchased within 20
Mounds View. 21
22
Mayor Linke indicated he saw no conflict with using either the Community Center or City Hall. 23
24
Council Member Stigney indicated he was just pointing out that the proposal was different than 25
what was approved and he is opposed to the twin city area for the certificates. 26
27
Mayor Linke read Resolution 6259. 28
29
MOTION/SECOND: Linke/Marty. To Approve Resolution 6259, a Resolution for Employee 30
Appreciation Awards for the Employee Appreciation Lunch. 31
32
MOTION/SECOND: Stigney/Marty. To Amend Resolution 6259 to Require that the 33
Certificates be Chosen within the City of Mounds View. 34
35
Council Member Stigney indicated that tax dollars are being spent and he would like to use those 36
tax dollars to promote local businesses. 37
38
Council Member Marty commented that the City is somewhat limited with what can be obtained 39
for certificates. He then said that he feels it would be better to broaden the area. 40
41
Council Member Stigney stated that as long as the City is giving taxpayer money to employees, it 42
should be spent locally to improve the tax base. 43
44
Ayes – 1(Stigney) Nays – 4 Motion failed. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 6
1
Ayes – 4 Nays – 1(Stigney) Motion carried. 2
3
9. COUNCIL BUSINESS 4
5
A. Public Hearing to Consider the “Velmeir CVS Addition” Redevelopment 6
7
(1) Consideration of Resolution 6270 Approving the Preliminary Plat and 8
Development Review 9
10
Mayor Linke opened the public hearing. 11
12
Planner Prososki reviewed the request by Velmeir for a CVS pharmacy at the former Amoco 13
Station site. She noted that all the lots meet the size requirements in the code and a park 14
dedication fee is applicable to all subdivisions and it is equal to 10% of market value of the land. 15
16
Planner Prososki reviewed the development review with Council. She then indicated that the 17
Fire Marshal reviewed the plan and requested a fire lane and there is to be one way traffic in that 18
area. 19
20
Planner Prososki reviewed the drainage plan with Council. She then noted that it is designed to 21
handle back to back 100 year floods. 22
23
Planner Prososki reviewed the building exterior requirements for the building. 24
25
Planner Prososki indicated that a trail is designated on the site plan that runs parallel to both 26
Highway 10 and Silver Lake Road. 27
28
Planner Prososki indicated the proposed development would increase traffic in the area but not as 29
heavily as the previous use which was a gas station. 30
31
Planner Prososki indicated that there are two main things to be considered with the rezone and 32
they are whether the use would be detrimental to the surrounding areas and whether the proposed 33
use is consistent with the Comprehensive Plan. She then said that this development brings 34
commercial use and Staff does not feel it would be detrimental to the area since the prior use of 35
the site was commercial. 36
37
Planner Prososki explained that portions of the site need to be rezoned and pointed them out on 38
the map. 39
40
Planner Prososki indicated that, if the Council moves forward with the rezoning, the second 41
reading would not occur until the plat is recorded. She then reviewed the public comments that 42
were received with Council. 43
44
Mounds View City Council May 24, 2004
Regular Meeting Page 7
Planner Prososki indicated that Staff recommends approval and the Planning Commission 1
unanimously recommended approval. 2
3
Mayor Linke asked whether requiring a park dedication fee and trail installation at developer 4
expense opens the City up to a potential lawsuit. 5
6
City Attorney Riggs indicated that there were cases happening across the country concerning the 7
build out of trails or other part and parcel park dedication ordinances. He then said he discussed 8
this with Mr. Ericson briefly, and the Council can charge a park dedication fee and require a trail 9
or enter into some other type of arrangement. 10
11
Mayor Linke indicated he feels comfortable with the park dedication fee but it is requiring the 12
trail and the park dedication fee that he is concerned with. 13
14
Council Member Quick indicated that the City has required other properties to do it and the trail 15
plan has been in place prior to the application being received. 16
17
Community Development Director Ericson commented that the developer is not disputing the 18
trail but is interested in deducting the cost of that trail from the proposed park dedication fee. He 19
then said that it is possible to do so if Council is interested. 20
21
Council Member Quick asked whether a portion of that property has already paid a dedication 22
fee. 23
24
Director Ericson indicated that Staff was unable to find any verification of that but the code does 25
indicate if a park dedication fee has already been paid then it is to be backed out of the current 26
park dedication fee. He then explained that the Amoco development created the two lots 27
approved by Council in 1988 but, Staff could not find record of a park dedication fee. 28
29
Brian Altman of 951 Grand Avenue, attorney for Velmeir, addressed Council and indicated that 30
they are happy to be coming to Mounds View. He then provided a brief overview of CVS 31
Pharmacy. 32
33
Mr. Altman indicated he would like to see the park dedication fee reduced by the previously paid 34
park dedication fee. He then said that they feel Staff’s per square foot value is high as it is higher 35
than what they paid for the property. He further commented that the trail is mostly in the right of 36
way but there is a portion of it on their property and it seems a bit unfair to require them to 37
construct a trail on their property and still pay a full dedication fee. 38
39
Mr. Altman commented that they are using a fair portion of this property for open green space as 40
ponding. He then said that the City has taken the position that this park dedication fee applies 41
because this is a subdivision and yes, it is, but in reality it is more a realignment of lot lines the 42
purpose of which is to create the ponding area. 43
44
Mounds View City Council May 24, 2004
Regular Meeting Page 8
Council Member Stigney asked whether there were any other plans for the building that did not 1
make the colors like a caution sign and a stop sign. 2
3
Mr. Altman indicated that the colors are not accurately depicted in the photographs provided and 4
the actual colors would not be that bright. 5
6
Council Member Marty asked whether the items in the Staff report have been resolved. 7
8
Planner Prososki indicated that all requirements will be met as a condition of approval. She then 9
indicated that the fencing requirement around the pond would need to be added as a condition of 10
approval in the Resolution. 11
12
There were no residents present to comment. 13
14
Mayor Linke closed the public hearing. 15
16
MOTION/SECOND: Quick/Marty. To Approve Resolution 6270, a Resolution Approving the 17
Preliminary Plat and Development Review as Amended to Include the Fencing Around the Pond. 18
19
Council Member Stigney asked Ms. Prososki to read the language amendment. 20
21
Planner Prososki did so. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
(2) First Reading and Introduction of Ordinance 739 Rezoning Parts of 26
Lots 1 and 2, Block 1, Velmeir/CVS Addition 27
28
MOTION/SECOND: Gunn/Stigney. To Waive the Reading, Introduce the First Reading and 29
Approve Ordinance 739, an Ordinance Rezoning Parts of Lots 1 and 2, Block 1, Velmeir/CVS 30
Addition. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
B. 2003 Street Improvement Project Resolution 6265 Assessment Hearing and 35
Adoption of a Special Assessment Levy. 36
37
Mayor Linke opened the public hearing and suggested it be continued to June 14, 2004 at 7:16 38
p.m. 39
40
MOTION/SECOND: Linke/Quick. To Continue the Hearing to June 14, 2004 at 7:16 p.m. 41
42
Mayor Linke noted there are issues with Rice Creek Watershed District and that is the reason for 43
continuation. 44
45
Mounds View City Council May 24, 2004
Regular Meeting Page 9
Ayes – 5 Nays – 0 Motion carried. 1
2
C. 2003 Street Improvement Project Resolution 6268 Construction Contract 3
Award. 4
5
MOTION/SECOND: Linke/Quick. To Postpone Consideration of Resolution 6268 and 6
Resolution 6261 to June 14, 2004. 7
8
Council Member Stigney asked if Staff anticipates having the issues resolved by June 14, 2004. 9
10
Mayor Linke indicated that Staff feels that the issues could be resolved by then. 11
12
Council Member Marty asked if this would delay the project. 13
14
Public Works Director Lee indicated that a delay to June 14, 2004 would not affect the schedule. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
D. Resolution 6261 Providing for the Competitive Negotiated Sale of $2,045,000 19
General Obligation Improvement Bonds, Series 2004A. 20
21
Handled with the previous matter. 22
23
E. First Reading and Introduction of Ordinance 737 to Amend Chapter 603, 24
Garbage and Rubbish, Section 603.06, Subd. 2, Requirements and 25
Restrictions. 26
27
Mayor Linke indicated that there has been a recommendation to add Thursday to make it two 28
days rather than one. 29
30
Public Works Director Lee indicated that the reason for the two days is to accommodate the 31
smaller haulers because switching days would cause them great hardship. 32
33
Council Member Quick said he thinks the City should stick with one day and he agrees with 34
Thursday. He then said that he would be open to granting a one-year time frame to come into 35
compliance. 36
37
Council Member Stigney indicated that he does not see an issue with allowing haulers on two 38
days. He then said that he would like to accommodate the haulers and, if they have an issue with 39
one of the days, allowing the second day would resolve the issue. He further commented that the 40
City does not even know yet if this is a desirable thing to do. 41
42
Council Member Marty indicated that he would like to stay with one day for haulers in an 43
attempt to accommodate those that sleep during the day because the noise of the trucks would be 44
disruptive only on one day. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 10
1
Council Member Marty then said that he would be open to the suggestion of allowing the smaller 2
hauler to have a year to comply. 3
4
Council Member Stigney indicated he would like to stay with Wednesday and Thursday and let 5
the new Council change it if they see fit. 6
7
Council Member Gunn indicated that she would like to allow haulers on Wednesday and 8
Thursday to accommodate the haulers that provide service in the City. 9
10
Mayor Linke indicated that he would like to have pick up on Thursdays to accommodate the 11
smaller hauler. He then said he would support the one year to allow the smaller hauler to come 12
into compliance. 13
14
Council Member Quick commented that he feels Council should make a decision that is in the 15
best interest of the residents of the City. He further commented that he does not feel it is 16
necessary to bend over backwards to accommodate someone who is a contractor doing business 17
in the City. He then said he would like to see pickup on Thursdays. 18
19
MOTION/SECOND: Marty/Quick. To Waive the Reading, Introduce the First Reading and 20
Approve Ordinance 737 with Thursdays Only, an Ordinance to Amend Chapter 603, Garbage 21
and Rubbish, Section 603.06, Subd. 2, Requirements and Restrictions. 22
23
City Attorney Riggs recommended allowing a time frame for all haulers to comply rather than 24
singling out one entity. 25
26
MOTION/SECOND: Quick/Marty. To Amend to Allow 30 Days to Come into Compliance. 27
28
Council Member Marty indicated he would prefer allowing six months to comply. 29
30
Council Member Quick and Council Member Marty withdrew the motion. 31
32
MOTION/SECOND: Marty/Quick. To Amend to Allow Six Months to Comply. 33
34
Ayes – 4 Nays – 1(Stigney) Motion carried. 35
36
Ayes – 4 Nays – 1(Stigney) Motion carried. 37
38
F. Resolution 6248 Adopting the City Vision and Mission Statement 39
40
Council recessed at 8:35 p.m. 41
42
Council reconvened at 8:40 p.m. 43
44
Mounds View City Council May 24, 2004
Regular Meeting Page 11
City Administrator Ulrich reviewed the City’s vision and mission statement in a Power Point 1
presentation. He also reviewed the City’s goals and values. 2
3
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6248, a 4
Resolution Adopting the City’s Vision and Mission Statement. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
G. Resolution 6255 Adopting the City Goals Program 9
10
Mayor Linke read the goals. 11
12
MOTION/SECOND: Gunn/Quick. To Waive the Reading and Approve Resolution 6255, a 13
Resolution Adopting the City Goals Program. 14
15
Council Member Stigney indicated that this calls for implementing the revitalization plan for 16
Highway 10 and he has issues implementing the current plan. 17
18
Council Member Marty suggested changing the wording to implementing a plan. 19
20
Council Member Stigney suggested to amend the wording to a plan rather than the revitalization 21
plan. 22
23
Council Member Quick indicated that Council voted and approved “the” plan. 24
25
Council Member Stigney indicated he has a problem with the plan. 26
27
Council Member Quick indicated there is a plan that was approved by vote so Members are free 28
to vote against the parts they do not agree on. 29
30
MOTION/SECOND: Stigney/Marty. To Change the Wording to “a plan” rather than “the plan”. 31
32
Council Member Gunn commented that there is a plan that was approved and changing the 33
wording is like starting over so she would like to stick with the plan. She then said that there are 34
parts of the plan that she does not agree with either but there is a plan in place that should be 35
started. 36
37
Council Member Stigney indicated that he did not agree with the plan with the last Council so he 38
will not support the plan now. 39
40
Council Member Quick commented that the plan was passed by Council and one of the things 41
that is in front of Council later on the agenda is to agree not to try to sabotage decisions 42
previously made by Council. 43
44
Ayes – 1(Stigney) Nays – 4 Motion carried. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 12
1
Ayes – 4 Nays – 1(Stigney) Motion carried. 2
3
H. Resolution 6256 Adopting the City Values Statement 4
5
Mayor Linke read the values statement. 6
7
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6256, a 8
Resolution Adopting the City Values Statement. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
I. Resolution 6257 Adopting the City Rules of Conduct 13
14
Mayor Linke read Resolution 6257 outlining the rules of conduct for the City. 15
16
MOTION/SECOND: Linke/Gunn. To Approve Resolution 6257, a Resolution Adopting the 17
City Rules of Conduct. 18
19
Council Member Stigney indicated he has a question on rule number 8 and he would like to 20
delete it. 21
22
Council Member Stigney said he believes in open and honest communication and does not feel 23
that in public you should state that they did an excellent job and then correct them in private. He 24
then said that there was open and honest communication in a previous Resolution and there are 25
some state statutes that require discipline in private so he feels this adds nothing. 26
27
Mayor Linke indicated that if he is going to criticize he does that privately and would not praise 28
the same person for that item in public. The idea is, if there is a problem, you bring that to the 29
person’s attention privately rather than in a public forum because doing so publicly belittles that 30
person and you for doing so. He then said that he also believes in praising persons for doing a 31
job well and that should be done publicly so that they get the recognition they deserve. 32
33
Council Member Marty said he would like to have number 8 remain because he appreciates not 34
being publicly criticized and he feels others should be treated that way as well. 35
36
Council Member Gunn commented that she looks at these rules as rules of etiquette between 37
Council Members. 38
39
Council Member Stigney indicated that he is fine with that interpretation but would have a 40
problem if persons were publicly praised but privately criticized for the same thing. 41
42
Council Member Quick indicated he would still like the hard cold truth from the Staff. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 13
1
J. Resolution 6271 Approving the 2004 Compensation Schedule for Non-Union 2
Personnel. 3
4
City Administrator Ulrich indicated this is a compensation schedule for non-union personnel and 5
noted the City is negotiating with its unions within the City but has been unable to come to terms 6
on any labor contracts. He then said that, since it is getting toward mid-year Staff felt it was time 7
to recommend that the wages and benefits be established for the non-union personnel. 8
9
City Administrator Ulrich outlined the proposed compensation schedule for non-union personnel. 10
11
Jeremiah Anderson of 9025 Jefferson Street addressed Council and indicated that he was asked 12
to speak on behalf of the union. He then stated that they have been in negotiations with the City 13
since October of 2003 and in mediation since January of 2004 and this proposal is not that 14
different than the tentative agreement. He further indicated that employees are disappointed that 15
they have not been able to reach an agreement with the City. 16
17
Mayor Linke indicated that Council would be meeting after the Council meeting to discuss the 18
matter. He then asked if another bargaining session had been set. 19
20
City Administrator Ulrich indicated there was not one set but he would be happy to set one. 21
22
Mr. Anderson indicated that the members are hopeful that this can be resolved but there seems to 23
be a feeling out there that they are being left out on the sidelines while other employees not 24
represented are going to have an agreement in place that is not that different than the tentative 25
agreement. 26
27
Rita Durring stated that they had every reason to believe that Mr. Ulrich had the authority and 28
direction to negotiate a settlement. 29
30
Mayor Linke explained that Council makes the final decision and it is a majority vote of Council. 31
He then said that Mr. Ulrich does his best to come up with an agreement that is presented to 32
Council and then a majority of the Council makes a decision on that agreement. 33
34
Ms. Durring asked why the union should schedule another session with Mr. Ulrich if he is not 35
authorized to negotiate a settlement. 36
37
MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 6271, a 38
Resolution Approving the 2004 Compensation Schedule for Non-Union Personnel as Amended. 39
40
Council Member Stigney indicated that the Resolution should state that any monthly health 41
insurance compensation is for family health insurance contribution. 42
43
City Administrator Ulrich indicated that is how it is administered with the plan. 44
45
Mounds View City Council May 24, 2004
Regular Meeting Page 14
Ayes – 5 Nays – 0 Motion carried. 1
2
K. Resolution 6262 Adopting a Calendar for the Preparation of the 2005 3
Budget. 4
5
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6262, a 6
Resolution Adopting a Calendar for the Preparation of the 2005 Budget. 7
8
Finance Director Hansen reminded Council that Council had asked that residents be more 9
involved in the process by allowing ways of increased public comment. 10
11
Council Member Quick suggested setting aside time at each Council meeting for anyone that 12
would like to speak about the budget. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
L. Resolution 6263 Approving a Utility Billing Drop Box. 17
18
MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6263, a 19
Resolution Approving a Utility Billing Drop Box. 20
21
Council Member Marty indicated that in these tight budget times he does not feel it is necessary 22
to provide a $1,700 payment drop box so that residents do not have to get out of their vehicles. 23
He then said that there is an existing drop box on the front of the building and they could use the 24
regular mail. 25
26
Mayor Linke indicated that it would cost more than $1,700 because they would have to pour 27
concrete. 28
29
Council Member Stigney agreed that this is not necessary because the cost far outweighs the 30
benefit. He then said that beyond the initial installation costs is a fee of $32.00 monthly service 31
agreement. He further commented that there are ways to get the payment to City Hall. 32
33
Ms. Crane indicated that this request stemmed from attempting to accommodate elderly and 34
handicapped residents that have trouble getting out of their vehicle to walk to the drop box on the 35
front of the building. 36
37
Council Member Gunn agreed that there are some that struggle with reaching the payment box 38
on the building but said that she is concerned with having a box out in the open due to the 39
potential for vandalism. 40
41
Council Member Marty commented that it would be cheaper and easier to use the mail rather 42
than trying to come down to City Hall. 43
44
Council Member Quick indicated he is concerned about mail theft and vandalism to the mailbox. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 15
1
Council Member Stigney indicated that government cannot do everything for the people. He 2
then said there is a drop box and there are mailboxes so there are ways of making payments. He 3
further commented that automatically withdrawn payments are available through the City. 4
5
Ayes – 2 Nays – 3(Linke/Marty/Stigney) Motion failed. 6
7
M. Resolution 6264 Authorizing Staff to Enter into a Purchase Agreement to 8
Acquire the Commercial Property at 2525 County Road 10 in Mounds View. 9
10
Economic Development Coordinator Backman indicated that the EDA had authorized Staff to 11
obtain an appraisal and that is before Council for consideration. He then said that the value 12
placed on the property by the appraiser is $819,000. 13
14
Economic Development Coordinator Backman outlined the benefits to purchasing the site. 15
16
Economic Development Coordinator Backman indicated that, if the City is interested in 17
acquiring this property, the time to buy it is when it is on the market and the owners are 18
motivated to sell it because this is a better price than if the City had to force a sale. He then 19
suggested a price around $800,000. 20
21
Mayor Linke indicated that if the City pays $800,000 he would want all the equipment and 22
fixtures to remain because the City could sell them to recover some of the purchase price. 23
24
Economic Development Coordinator Backman indicated he did receive an email from the broker 25
and the owners appear to be open to discussions with the City but did ask if it was possible to 26
pull the equipment. 27
28
Mayor Linke indicated if they wish to remove the equipment from the site than the price would 29
need to be reduced accordingly. 30
31
Council Member Stigney asked for clarification on the per square foot comparison. 32
33
Economic Development Coordinator Backman explained that the differences relate to the 34
different manners of the analysis. 35
36
Economic Development Coordinator Ericson indicated the one difference is the size of the 37
building. 38
39
Council Member Stigney asked why the City would pay $479 per square foot for a gas station if 40
the City does not want a gas station. He then asked what the cost would be to purchase the 41
building remove everything and get down to just land. 42
43
Economic Development Coordinator Backman indicated he would need to obtain quotes from 44
the different types of contractors that the job would require. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 16
1
Mayor Linke asked how much the demolition at the Perkins site cost. 2
3
Economic Development Coordinator Backman indicated that the Perkins site was twice the size 4
and the cost was $25,000. 5
6
Mayor Linke speculated a $12.00 to $14.00 per square foot cost. 7
8
Council Member Gunn asked if Staff thinks the City can sell the property for a profit. 9
10
Economic Development Coordinator Backman indicated that would depend upon the use that 11
Council is contemplating. He then said that it is possible if a commercial use is anticipated. He 12
also commented that there is the potential to add some land to it to make it a larger site for 13
redevelopment. 14
15
Council Member Gunn said she would feel more comfortable if the City stressed that this was 16
being done for redevelopment and not for realignment or for City property because she does not 17
think that the City can afford to do that. 18
19
Community Development Director Ericson indicated that the Resolution could stipulate the 20
intended use for the property. 21
22
Council Member Stigney commented that there is a property on the tax base contributing taxes 23
and he thinks the City should leave it there and let the market value of private purchasers and 24
developers dictate what is done with the site. He then said that, unless there is a definite plan for 25
something that is marketable to recover the money or improve the site that does not involve a fast 26
food restaurant, he is not interested in purchasing the property. 27
28
Economic Development Coordinator Backman suggested that if the City lets the market dictate 29
what happens the City will end up with another gas station in that location. He then said that he 30
feels confident that Staff can work with a developer to bring improvements to the location and 31
generate more than $20,000 worth of taxes per year. 32
33
Council Member Quick asked if the City could take the building down, realign the road and still 34
have enough left of the site for a building site. 35
36
Mayor Linke commented that there is sewer, water and a gas line running through there. 37
38
Director Ericson noted the purchase agreement would be contingent upon Council approval. 39
40
Mayor Linke read part of Resolution 6264. 41
42
MOTION/SECOND: Gunn/Quick. To Waive the Reading and Approve Resolution 6264, a 43
Resolution Authorizing Staff to Enter into a Purchase Agreement to Acquire the Commercial 44
Property at 2525 County Road 10 in Mounds View. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 17
1
Mayor Linke indicated he would support this with the idea that he reserves the right to make his 2
decision after obtaining further information. 3
4
Council Member Quick indicated he would like Staff to look at options for moving the road 5
around and a buildable site for a commercial site. 6
7
Council Member Marty indicated he would like to move forward with negotiations but he 8
reserves the right to make his decision based on further information obtained. He further 9
indicated he would like to explore the option of correcting the intersection as outlined in the 10
redevelopment plan for County Highway 10. 11
12
Council Member Stigney said he thinks this is starting along the path of no return and it may turn 13
out to be a disadvantage to the residents of the City. He then said that he would like to see what 14
the market bears with this property. 15
16
Council Member Gunn asked if there was indication of anyone who would be interested in the 17
site. 18
19
Economic Development Coordinator Backman indicated he does stay in regular contact with 20
developers who remain interested in doing projects in the community and he likes to provide 21
options for developable sites. He then said that as soon as he has approval for negotiating on the 22
site he would immediately begin discussions with developers concerning the site. 23
24
Council Member Marty indicated that this is not on the path of no return because he has stated 25
that he intends to look into the matter and make his decision after reviewing all of the 26
information from Staff. 27
28
Council Member Quick asked how the City did on the Perkins deal. 29
30
Economic Development Coordinator Backman indicated the City quintupled the value. 31
32
Council Member Gunn expressed concern with developing the site and then having the road 33
reconstructed and realigned through the site. 34
35
Economic Development Coordinator Backman clarified that the quintuple refers to the building 36
value. 37
38
Council Member Stigney expressed concern that the Resolution states that Staff is authorized to 39
enter into a purchase agreement. 40
41
City Administrator Ulrich suggested the Resolution be amended to state that the agreement shall 42
be subject to City Council approval. 43
44
The Motioner and Seconder agreed to the revision. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 18
1
Council Member Stigney indicated he still does not think it is a good idea. 2
3
Ayes – 4 Nays – 1(Stigney) Motion carried. 4
5
N. Resolution 6253 Approving a Step Adjustment for Kristin Prososki, Planning 6
Associate. 7
8
Mayor Linke read Resolution 6253. 9
10
MOTION/SECOND: Marty/Stigney. To Approve Resolution 6253, a Resolution Approving a 11
Step Adjustment for Kristin Prososki, Planning Associate. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
O. Consider Proposal from Timesaver, Inc. for Minute-Taking Services. 16
17
City Administrator Ulrich presented the proposal to Council and indicated that he sees downsides 18
to the proposal including that public hearings are legal proceedings and a live body should be 19
present to accurately transcribe the comments. He then said that the proposal would also increase 20
Staff’s workload. He further commented that Staff would be willing to give it a try should 21
Council wish to consider it but he would recommend that a live body be present for any public 22
hearings. 23
24
Council Member Stigney said he feels the City needs to have Joan sitting here taking Minutes 25
because sometimes there are problems with the audio and video and if there is someone 26
transcribing the official meetings she can raise a hand and ask questions. He then said that he 27
thinks it would be stepping back from the type of service needed here and he thinks the City 28
should have Joan sitting right there. 29
30
Council Member Marty agreed with Council Member Stigney and expressed concern that there 31
would be an issue with the tape either with audio or video and then there would be no Minutes. 32
He then said that the quality of the recording is questionable and it may be difficult to transcribe 33
Minutes from them. He further commented that Joan has done an outstanding job for the City 34
and noted that the City went through quite a few secretaries who were far from outstanding but 35
he feels it should stay the way it is. 36
37
Council Member Quick said no. 38
39
MOTION/SECOND: Stigney/Quick. To Keep the Minute Taking Services as They Are. 40
41
Council Member Stigney said that due to the potential pitfalls there could be he feels the City 42
should be somewhat cautious. 43
44
Mayor Linke agreed. 45
Mounds View City Council May 24, 2004
Regular Meeting Page 19
1
Ayes – 5 Nays – 0 Motion carried. 2
3
10. APPROVAL OF MINUTES 4
5
A. City Council Minutes May 10, 2004 6
7
Council Member Gunn requested that Page 3, Line 35 be corrected to read: 8
9
Finance Director Hansen explained that a couple of years ago there was an accident with a City 10
vehicle and a private party and the City paid the $10,000 deductible and the League paid the 11
amount in excess of that. Last fall the League accomplished recovery of money from the other 12
driver and they were to calculate and send 2/3 of the recovery to the City but they made a mistake 13
and sent the entire amount to the City so this is a refund to them. 14
15
MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes for May 10, 2004 as 16
Amended. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
B. Executive Session Minutes May 10, 2004 21
22
MOTION/SECOND: Marty/Gunn. To Approve the Executive Session Council Minutes for May 23
10, 2004 as Presented. 24
25
Ayes – 5 Nays - 0 Motion carried. 26
27
28
11. REPORTS 29
30
A. Reports of Mayor and Council. 31
32
Council Member Gunn reminded residents of Festival in the Park and outlined some of the 33
planned festivities. 34
35
Council Member Gunn indicated that she has been told that there were only 35 tables at the 36
banquet center and that, if the organization using the facility needed more, they were to go out 37
and rent them. She then said that she would like an inventory done of what the City has at the 38
banquet center. 39
40
Mayor Linke indicated that the banquet center has always taken care of rentals and charges it 41
back. 42
43
Mounds View City Council May 24, 2004
Regular Meeting Page 20
Council Member Gunn indicated that this particular group was trying to have one of the Mermaid 1
personnel at the planning meetings and nobody has shown up. She then said that the Irondale 2
tennis people had their banquet there and were not happy so she feels it is time to look into it. 3
4
Council Member Quick asked whether the City Administrator has had any meetings with the 5
Unions since the last meeting with Council. 6
7
City Administrator Ulrich said no. 8
9
Council Member Quick commented that since Council spoke last there have been no meetings 10
and the AFSCME representative made a comment that the City has not met with them since the 11
last meeting so there have been two meetings with Staff and Council and nobody has met with 12
the union. 13
14
City Administrator Ulrich indicated that it was discussed at the last meeting where the tentative 15
agreement was rejected and he did meet with the union after that meeting and there was one 16
meeting after that. 17
18
Council Member Marty asked whether the last scheduled meeting between the City and 19
AFSCME took place. 20
21
City Administrator Ulrich indicated there was a meeting scheduled with AFSCME as a second 22
mediation session after rejecting the tentative agreement and AFSCME declined the meeting. 23
24
Council Member Stigney asked for an update on the Lions Club and the bus. 25
26
Mayor Linke indicated that the Lions would be discussing the matter this week and something 27
would be brought to Council for consideration. 28
29
Mayor Linke noted that the street improvement project assessment hearing and the resolutions 30
that go along with that would be discussed at the June 14, 2004 Council Meeting at 7:16 p.m. 31
32
B. Staff 33
34
None. 35
36
C. City Attorney 37
38
City Attorney Riggs reported that there has been a dismissal with prejudice of the litigation with 39
the State of Minnesota v. American Hardware. He then said that no further documents have been 40
received on the matter. 41
42
12. Next Council Work Session: Monday, June 7, 2004 43
Next Council Meeting: Monday, June 14, 2004 44
Mounds View City Council May 24, 2004
Regular Meeting Page 21
1
13. EXECUTIVE SESSION 2
3
Council recessed to executive session at 10:12 p.m. 4
5
Transcribed and recorded by: 6
7
8
Joan Lenzmeier 9
TimeSaver Off Site Secretarial, Inc. 10