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Agenda Packets - 2004/06/28 (2)
CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, June 28, 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. Mayor’s Proclamation Recognizing Participants in the 2004 Minnesota Technology Education Association Supermile Challenge B. Senator Betzold and Representative Bernardy to Address the City Council Regarding the Legislative Session. 8. JUST AND CORRECT CLAIMS 9. CONSENT AGENDA A. Licenses for Approval B. Resolution 6261 Providing for the Competitive Negotiated Sale of $2,245,000 General Obligation Improvement Bonds, Series 2004A, for the 2003 Street Improvement Project C. Resolution 6277 Approving the 2004 Business Licenses. D. Resolution Approving Intent to Eliminate School Coordinator Funding from 2005 Budget E. Resolution 6290 Setting an Executive Session for July 12, 2004, at 6:00 P.M. to Review The Water Vulnerability Assessment Study F. Resolution 6295 Approving a Contract with Springsted, Inc. for Continuing Disclosure and Arbitrage Rebate Services for the G.O. Improvement Bonds, Series 2004A G. Establish a Special Joint City Council Meeting for Thursday, July 22, 2004, 6:00pm, at Blaine City Hall, to Discuss Issues of Mutual Concern, Including Joint Fire Department Capital Equipment/Building Needs H. Resolution 6288 Approving Intent to Eliminate funding a New Brighton Police School Resource Officer at Irondale High School from the 2005 budget. I. Resolution 6291 Awarding a Contract for the Saw and Seal associated with the County Road H2 Street Improvement Project J. Resolution 6292 Approving and Authorizing the Execution of a Letter Agreement with TKDA for the Groveland Park Building Replacement Project 10. COUNCIL BUSINESS A. 7:00 pm Public Hearing to Consider Resolution 6296, Approving the Modification to the Project Plan for the Mounds View Economic Development Project B. 7:05 pm Public Hearing to Consider a Variance and Conditional Use Permit Request for an Oversized Garage at 2208 Lois Drive C. 7:10 pm Public Hearing to Consider Resolution 6272, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10. D. 7:15 pm Public Hearing to Consider Resolution 6273, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Network Liquors located at 2354 West County Road H. City Council Agenda June 28, 2004 Page 2 10. COUNCIL BUSINESS, CONTINUED. E. 7:20 pm Public Hearing to Consider Resolution 6274, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Jake’s Sports Café located at 2400 Highway 10. F. 7:25 pm Public Hearing to Consider Resolution 6275, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2. G. 7:30 pm Public Hearing to Consider Resolution 6276, an On Sale Intoxicating Liquor Renewal for The Mermaid located at 2200 Highway 10. H. Consideration of Resolution 6289, Approving the Final Plat for the Hidden Hollow Major Subdivision I. Resolution 6293 Approving the Plans and Specifications, Waive the Public Improvement Hearing, Order the Project, and Set a Bids Date for the Hidden Hollow Street and Utility Project J. Consideration of Resolution 6294, Approving the Final Plat for the CVS Velmeir Addition Major Subdivision K. Second Reading and Adoption of Ordinance No. 740 to Amend Chapter 907.06 Entitled “Storm Water” in the Mounds View City Code. ROLL CALL VOTE L. Second Reading and Adoption 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. ROLL CALL VOTE M. Banquet Center Operations/Requests for Proposals N. Directing Staff to Develop a Revised Lease Agreement with the Twin Cities North Chamber of Commerce in the Mounds View Community Center 11. APPROVAL OF MINUTES A. Executive Session June 14, 2004 (will be presented on day of this meeting) B. City Council Minutes June 14, 2004 12. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. June 17, 2004 Joint Council Work Session 2. 2004 Action Priorities C. Reports of City Attorney 13. Next Council Work Session: Tuesday, July 6, 2004 Next Council Meeting: Monday, July 12, 2004 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 28th of June, 2004. Jerry Linke, Mayor (SEAL) Item No: 09A Meeting Date: June 28, 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. Dependable Indoor Air Quality, Inc. – HVAC – Renewal Express Signs & Balloon, Inc. – Sign – New Fran’s Tree Service – Tree Trimming/Removal – New Jensen Contracting – Siding – New O’Malley Construction, Inc. – Asphalt - New Rob Carlson Builders – General (Commercial) – Renewal Staff Recommendation: Approve license applications as requested. Respectfully submitted, Barbara Benesch Item No.: 09C Meeting Date: June 28, 2004 Type of Business: CA City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Resolution 6277 Approving 2004 Business Licenses Date of Report: June 28, 2004 All City of Mounds View business licenses will expire June 30, 2004. Staff is recommending that the Council approve business licenses for the businesses listed in Resolution 6277 contingent upon the City’s receipt of the appropriate fees, applications, proof of insurance and satisfactory reports from the appropriate departments and organizations. Respectfully Submitted, ___________________________ Desaree M. Crane RESOLUTION 6277 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving Business Licenses for 2004-2005 WHEREAS, all City of Mounds View Business Licenses expire June 30, 2004; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of the business licenses for the businesses listed in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve business licenses for the businesses listed in Exhibit A contingent upon the City’s receipt of the appropriate fees, application materials, proof of insurance and satisfactory reports from the Ramsey County Health Department and the Fire Marshall. Adopted this 28th day of June, 2004 Jerry Linke, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) EXHIBIT A Local Company License Local Address ABC Liquor Cigarette and Tobacco License 2840 Highway 10 Ace Solid Waste, Inc Garbage and Rubbish Hauler License BFI Waste Systems of North America Garbage and Rubbish Hauler License Bridges Golf Course 3.2 Malt Liquor License (On-Sale) 8290 Coral Sea Street Burger King #4116 Restaurant License 2651 County Road I Days Inn Amusement Devices and Centers 2544 Highway 10 Dominos Pizza Restaurant License 2548 Highway 10 Donut Connection Restaurant License 2394 Highway 10 Fedor's Market Cigarette and Tobacco License 5491 Adams St. North Holiday Gasoline License 2732 Highway 10 Holiday 3.2 Malt Liquor License (Off-Sale) 2732 Highway 10 Holiday Cigarette and Tobacco License 2732 Highway 10 Jake's Sports Café Restaurant License 2400 Highway 10 Jake's Sports Café Amusement Devices and Center License 2400 Highway 10 Jake's Sports Café Cigarette and Tobacco License 2400 Highway 10 NE Keith Krupenny & Son Garbage and Rubbish Hauler License KFC #Y067042 Restaurant License 2213 Highway 10 Larry's Quality Sanitation Garbage and Rubbish Hauler License Loads of Clothes Amusement Devices and Centers 2544 Highway 10 Long John Silvers Restaurant License 2219 Highway 10 McDonald's Restaurant License 2201 Highway 10 Mounds View Best Steak House Restaurant License 2555 Highway 10 Network Liquors on Ten Cigarette and Tobacco License 2345 West County Road H2 Oasis Market #355 Cigarette and Tobacco License 2155 Highway 10 Oasis Market #355 Gasoline License 2155 Highway 10 Oasis Market #531 Cigarette and Tobacco License 2390 Highway 10 Oasis Market #531 Gasoline License 2390 Highway 10 Onyx Waste Services Midwest, Inc. Garbage and Rubbish Hauler License 1375 7th Avenue Pink Flower Vietnamese Restaurant Restaurant License 2563 Highway 10 Premium Stop Cigarette and Tobacco License 2390 Highway 10 Premium Stop Gasoline License 2390 Highway 10 R.J. Riches Restaurant Restaurant License 2145 Highway Avenue Randy's Sanitaton Garbage and Rubbish Hauler License Ray Anderson & Sons Co. Inc. Garbage and Rubbish Hauler License Robert's Sports Bar and Entertainment Amusement Devices and Centers License 2400 County Road H2 Local Company License Local Address Robert's Sports Bar and Entertainment Restaurant License 2400 County Road H2 Robert's Sports Bar and Entertainment Cigarette and Tobacco License 2400 County Road H2 Saturn of St.Paul Automobile Sales License 2375 Highway 10 Sham-O-Jets Kennels Commercial Dog Kennel 7700 Long Lake Road Snyder's Drug #5044 Cigarette and Tobacco License 2553 Highway 10 Subway Restaurant License 2546 Highway 10 SuperAmerica #4264 Gasoline License 2640 County Road I SuperAmerica #4264 3.2 Malt Liquor License (Off-Sale) 2640 County Road I SuperAmerica #4264 Cigarette and Tobacco License 2640 County Road I Taco Bell #4039 Restaurant License 2219 Highway 10 The Mermaid Amusement Devices and Centers License 2200 Highway 10 The Mermaid Cigarette and Tobacco License 2200 Highway 10 The Mermaid Restaurant License 2200 Highway 10 The Mermaid Bowling License 2200 Highway 10 The Station Gasoline License 2280 West County Road I The Station Cigarette and Tobacco License 2280 West County Road I Twin City Refuse Garbage and Rubbish Hauler License VASKO Solid Waste Garbage and Rubbish Hauler License 309 Como Avenue Veit Corporation Garbage and Rubbish Hauler License View Market Cigarette and Tobacco License 2408 County Rd I Walgreens #06447 Cigarette and Tobacco License 2387 Highway 10 Walter's Recyling and Refuse Garbage and Rubbish Hauler License Waste Management of Minnesota Garbage and Rubbish Hauler License Wynnsong 15 Amusement Devices and Centers License 2430 Highway 10 Item No. 9E Meeting Date: June 28, 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 6290 Setting an Executive Session for July 12, 2004, at 6:00 P.M. to Review the Water Vulnerability Assessment Study Background: On June 12, 2002, the Public Health Security and Bioterrorism Preparedness and Response Act became law. This new legislation, enforced by the United States Environmental Protection Agency (USEPA), requires all community water systems serving more than 3,300 people to conduct a Vulnerability Assessment. This requirement was designed to help water systems evaluate susceptibility to potential threats and identify corrective actions that can reduce or mitigate the risk of serious consequences from adversarial actions (e.g., vandalism, insider sabotage, terrorist attack, etc.). In addition to conducting the Vulnerability Assessment, communities with water systems serving over 3,300 people will also be required to update their Emergency Response Plan (ERP). The Vulnerability Assessment must be completed and submitted by June 30, 2004. The update of the Emergency Response Plan (ERP) must be completed six months after the submission of the Vulnerability Assessment. On January 12, 2004, the City Council approved Resolution No. 6161 approving a contract award to Bonestroo, Rosene, Anderlik, & Associates (BRAA) to assist the City in conducting a Water Vulnerability Assessment and updating the Emergency Response Plan. Discussion: Setting the Executive Session Language proposed by the League, the Association of Minnesota Counties, and Hennepin County was passed in the data privacy bill that will allow City Staff to present security information to elected officials in a closed meeting. This will allow elected officials to be apprised of sensitive homeland security vulnerability and planning information without those reports having to be publicly released. The meetings must be public noticed as closed meetings and must be tape- recorded. Those tapes must be kept for a minimum of four years. (HF 2087/ SF 1889) The Water Vulnerability Assessment has been completed and sent to the United States Environmental Protection Agency (USEPA) for review. In an effort to keep the City Council informed on this matter, Mark Wallis of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) will provide a review and update on the City’s Water Vulnerability Assessment at the executive session. The Executive Session will be set for July 12, 2004, at 6:00 P.M. to Review the Water Vulnerability Assessment Study. Recommendation: It is recommended the City Council adopt a resolution setting an Executive Session for July 12, 2004, at 6:00 P.M. to review the Water Vulnerability Assessment Study. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6290 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA SET AN EXECUTIVE SESSION FOR JULY 12, 2004, AT 6:00 P.M. TO REVIEW THE WATER VULNERABILITY ASSESSMENT STUDY WHEREAS, on June 12, 2002, the Public Health Security and Bioterrorism Preparedness and Response Act became law; and WHEREAS, this new legislation, enforced by the United States Environmental Protection Agency (USEPA), requires all community water systems serving more than 3,300 people to conduct a Vulnerability Assessment; and WHEREAS, the Water Vulnerability Assessment has been completed and sent to the United States Environmental Protection Agency (USEPA) for review; and WHEREAS, in an effort to keep the City Council informed on this matter, Mark Wallis of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) will provide a review and update on the City’s Water Vulnerability Assessment at an executive session. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby set an Executive Session to be held at City Hall on July 12, 2004, at 6:00 P.M. to review the Water Vulnerability Assessment Study. Adopted this 28th day of June 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No. 9F Meeting Date: June 28, 2004 Type of Business: Consent Agenda Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6295 Approving a Contract with Springsted, Inc. for Continuing Disclosure and Arbitrage Rebate Services for the G. O. Improvement Bonds, Series 2004A Continuing disclosure is a requirement under SEC regulation 15©2-12 in which entities issuing of bonds since 1995 must annually file certain financial information with a national repository. Buyers of the bonds are then able to obtain information on their bonds from a convenient and reliable source. The City of Mounds View had initially filed the continuing disclosure reports but then fell out of compliance in the late 1990s. Resolution 5809 authorized engaging Springsted, Inc. to bring the City back into compliance by filing the continuing disclosure reports for 2001 and 2002. Arbitrage regulations were issued by the U.S. Treasury Department in 1993. The concept behind arbitrage is that issuers of tax-exempt bonds are not to earn more interest from investments of bond moneys than they pay in interest on the bonds. This applies to both the original proceeds and to money accumulated for debt service. Earnings above certain limits must be rebated to the U.S. Treasury. The City Council has annually approved having Springsted provide the continuing disclosure services since 2002. The 2004 bonds are the first ones where arbitrage rebate has become an issue for the City of Mounds View. In years when the City issues a new general obligation bond, continuing disclosure services cost $200 for each existing bond issue. If there is a year when no new bond is issued, or the City issues some type of bond other than general obligation, an additional $1,300 fee will be charged to cover the preparation of an annual report. Arbitrage reports and, if needed, rebates, must be filed at five-year intervals after bond issuance. The fee for this service currently is $2,750 at the five-year interval only. Respectfully Submitted, Charles Hansen RESOLUTION NO. 6295 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONTRACT WITH SPRINGSTED, INC. FOR CONTINUING DISCLOSURE AND ARBITRAGE REBATE SERVICES FOR THE G.O. IMPROVEMENT BONDS, SERIES 2004A WHEREAS, the City of Mounds must comply with a SEC requirement to annually submit financial reports known as continuing disclosure; and WHEREAS, the City of Mounds must comply with a US Treasury requirement to periodically submit arbitrage reports and rebates; and WHEREAS, Springsted, Inc. is the City’s financial advisor and provides continuing disclosure and arbitrage rebate services to many of its clients; and WHEREAS, Springsted, Inc. has filed continuing disclosure reports for the City of Mounds View for the years 2001 onward; and WHEREAS, Springsted, Inc. has proposed a contract to provide continuing disclosure and arbitrage rebate services to the City for the G.O. Improvement Bonds, Series 2004A. NOW THEREFORE, BE IT RESOLVED, that the City Council authorizes the existing contract with Springsted, Inc. for the preparation of continuing disclosure reports to remain in effect for the year 2004 and that arbitrage rebate services and the G.O. Improvement Bonds, Series 2004A be added to the contract. Adopted this 28th day of June 2004. ATTEST: Jerry Linke, Mayor (SEAL) Kurt Ulrich, City Administrator Item No: 9H Meeting Date: 6-28-04 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police Mike Sommer Item Title/Subject: Resolution approving intent to eliminate the partial funding of a New Brighton Police Officer at Irondale High School Introduction: Past Budgets have given us the financial ability to fund 20% of the cost of one New Brighton Police Officer assigned to the position of School Resource Officer at Irondale High School. The contract to continue this funding is up for review. The cost to continue to partially fund this position would be approximately $12,000 for the 2004-2005 school year. Discussion: Staff has been given direction to reduce discretionary spending for upcoming budgets. Under this directive, and the current financial climate, it would be difficult to justify the practice of partially funding a New Brighton Police Officer position assigned to duties within the City of New Brighton. Facing similar budget restraints, the Mounds View School District has acted to eliminate the partial funding of he Mounds View Police Officer assigned to D.A.R.E. instruction at Pinewood Elementary School. This represents a revenue loss to the police department of approximately $4000 for the 2004-2005 School year. The D.A.R.E program at Pinewood is popular and strongly supported by our community. The Police Department is committed to continue the program at Pinewood, even though the school district can no longer afford to subsidize the police department for the program. Facing both state budget shortfalls to the City of Mounds View, and also a loss of revenue from the School district, it would not be fiscally practical to continue the practice of partial funding of the New Brighton Police Officer Position. Recommendation: Staff recommends the City of Mounds View discontinue the practice of providing partial funding of the New Brighton Police Officer Position at Irondale High School, and renewal of the contract to do so for the 2004-2005 school year be declined. Respectfully submitted, ________________________ Mike Sommer, Chief of Police RESOLUTION NO. 6288 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING ELIMATION OF THE FUNDING OF A NEW BRIGHTON POLICE SCHOOL RESOURCE OFFICER AT IRONDALE HIGH SCHOOL WHEREAS, past budgets have permitted the City of Mounds View to fund 20% of a New Brighton Police Officer Position assigned to Irondale High School; and WHEREAS, staff have been given direction to cut discretionary expenses from the 2005 budget due to budget shortfalls; and WHEREAS, the contract to fund this position for the 2004-2005 budget is currently up for review; and WHEREAS, the cost to the City of Mounds View to continue to fund the position for the 2004-2005 school year would be about $12,000; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does herby discontinue the practice of funding the New Brighton Police School Resource Officer assigned to Irondale High School for the 2004-2005 school year and decline the contract to do so. Adopted this 28th day of June 2004. ____________________________________ Jerry Linke, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) Item No. 9I Meeting Date: June 28, 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 6291 Awarding a Contract for the Saw and Seal associated with the County Road H2 Street Improvement Project Background: As a technique to maximize the investment and increase the longevity of a new bituminous pavement, i.e. roadway surface, expansion joints are commonly added. Expansion joints created by sawing a joint into the pavement at selected locations – typically every 40 to 60 feet. These joints are then sealed with a rubberized compound. The purpose of adding joints is to allow for the expansion and contraction of the paved surface. Without them, the pavement will crack on its own, leaving areas where moisture / frost can accelerate deterioration of the roadway. This technology has been studied by Mn/DOT for years, and with its minimal expense, has proven to be cost effective as part of the construction of new streets. Discussion: Expansion joints were to have been included in the plans and specifications for the County Road H2 Street Improvement Project. However, as an over sight, the consultant did not include this item in as a bid item. Adding it in as a Change Order is not recommended. Since this is a specialty item, the general contractor will sub contract this out and add a percentage onto the bill. It is therefore advantageous for the City to seek bids and directly contract for this work. Bids for sawing and sealing the County Road H2 Street Improvement Project were sought. However, there was only one bidder. See attached letter from Barry Peters of SEH. Bid Review – Only one bid was received from Bergman Companies. This was in the amount of $7,105.00 to saw and seal 4,900 linear feet or $1.45/ LF. Repaving of County Road H2 and Schedule Staff rejected the final paving of County Road. Staff contends that the paving did not meet specifications in that the paving was either applied too think or didn’t get the necessary compaction resulting in the bituminous over lapping the curb and manholes and gate valves set much lower than the driving surface (the final wear course was applied on a rainy, wet, cold evening). The City consultant along with the contractor offered a settlement of milling off the excess and applying a seal coat. Staff does not recommend seal coating high volume roads due to the historical failure rates, safety, and aesthetics. Staff therefore rejected the city’s consultant and contractors proposal to seal coat. An agreement was reached to repave County Road H2. Staff met with the contractor on Friday, June 25, 2004 to discuss the schedule for this activity. The repaving will need to occur first followed by the saw and seal operation then the re-striping of County Road H2. These should be occurring during the month of July. Notices will be sent out to area residents explaining the need for the repaving and the benefits of the saw and seal. Recommendation: It is recommended the Council adopt the attached resolution awarding the construction contract for the saw as seal associated with the County Road H2 Street Improvement Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6291 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING A CONTRACT FOR THE SAW AND SEAL ASSOCIATED WITH THE COUNTY ROAD H2 STREET IMPROVEMENT PROJECT WHEREAS, bids for saw and sealing the County Road H2 Street Improvement Project were sought by the City; and WHEREAS, only one bid was received from Bergman Companies in the amount of $7,105.00 to saw and seal 4,900 linear feet or $1.45/ LF. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That the bid of Bergman Companies in the amount of $7,105.00 for the County Road H2 saw and seal is the only responsive bid. 2. That a contract to perform said work is awarded to Bergman Companies and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder. Adopted this 28th day of June 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator ITEM NO TO: FROM: DATE: June 24, 2004 RE: SEH No. I previously delivered a quote from Bergman Companies for the costs to saw and seal the wearing course on County Road H2 as a part of the street construction. The cost submitted was $7,105 for the estimated 4,900 LF of saw and seal. Bergman Companies appears to be the main local contractor that does this type of work. I’ve tried to find and contact other saw and seal contractors to obtain additional quotes, but have not had any success. \\trout\masterfiles\2004\city council\council packets\06-28-04\item 09i reso 6291 awarding a contract for the saw and seal associated with the cty rd h2 street improvement project.doc Item No: 10B Meeting Date: June 28, 2004 Type of Business: Public Hearing Administrator Review : ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Public Hearing and Consideration of a Variance for a Garage in Excess of Width Requirements and a Conditional Use Permit for an Oversized Garage at 2208 Lois Drive; Planning Case No. VA2004-005 and CU2004-001 Introduction: Property owner Michael Read is requesting a variance and a conditional use permit to expand his garage at 2208 Lois Drive. The variance and conditional use permit request were heard before the Planning Commission on May 19, 2004. The Planning Commission voted to deny the variance based on lack of hardship. Because the variance was not granted, the Commission voted to recommend denial of the conditional use permit. Mr. Read is exercising his right to appeal the Planning Commission’s denial of his variance request. The applicant indicates that the existing garage is too small to meet his storage needs and that he would like to expand upon it by adding twenty-six feet on the west side of the existing attached garage. The proposed width of the expanded garage is 48 feet, thirteen feet in excess of what is allowed by City Code. The subject lot has an area of 15,681 square feet and has 147 feet of frontage on Lois Drive. Adjacent to the lot to the west is Judicial Ditch #1, which runs under Lois Drive through Greenfield Park. A two-car garage is attached to the house to the west and there are two smaller outbuildings in the back yard. Discussion: The request for a Conditional Use Permit to expand the 528 square foot garage by an additional 624 square feet satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code with the exception of the proposed width of the building, which at 48 feet exceeds the maximum allowed width by thirteen feet. The applicant has claimed a hardship and is requesting a variance to permit the 48-foot wide garage. The existing two-car garage is attached to the west side of the home and maintains the same front setback as the house. The current setback is approximately 45 feet from the west lot line and approximately 90 feet to the south lot line. The addition would be added on the west side of the garage, which would create a 19-foot side setback on the west side. The proposed square footage of the garage is 1,152 square feet. Read Variance and CUP June 28, 2004 Page 2 A variance is required for this request because the garage would exceed 35 feet in width. If the area of the garage were 952 square feet or less, there would be no limit on the width. While there are no explicit width limits for garages less than 952 square feet, there are practical limits due to minimum garage depths. The rationale for limiting a garage width is based solely on aesthetics. Previous Commissions and Councils have held that by limiting the width of a garage, the garage cannot dwarf the home or be the dominant feature on the lot. While one can argue and disagree about what is or is not aesthetically pleasing, garages tend to be devoid of any interesting architectural features and lacking in character. Limiting their width helps preserve the ideal of the home being the dominant feature rather than the garage. Variance Considerations: For a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the City Council, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The hardship criteria are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The lot exceeds the minimum dimension and square footage requirements for an R-1, Single Family property. The applicant is requesting the variance based on a need for additional storage. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. While the literal interpretation of the provisions of the Zoning Code would not deprive the applicant of typical rights enjoyed by other properties in the same zone, the applicant seeks relief to add storage to his property. c. The special conditions or circumstances do not result from the actions of the applicant. The special conditions do result from the actions of the applicant. Read Variance and CUP June 28, 2004 Page 3 d. Granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance would confer upon the property owner a special privilege that is denied to other property owners in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicant indicates that thirteen feet is the minimum to alleviate his hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. A 48-foot wide garage would not necessarily be detrimental to the purpose and intent of the Zoning Code, in the sense that it would not have a negative impact on the surrounding area, however, from an aesthetic standpoint, it would not reflect the principles of the Code. g. The proposed variance will 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. The proposed garage addition should not have any impact on the supply of light or air to adjacent properties, nor should it impact congestion of streets. The proposed addition will not increase the danger of fire, endanger the public safety or decrease property values in the neighborhood. Summary All of the criteria, as indicated above, need to be satisfied to justify granting the variance. The City Council needs to review the criteria and determine whether the variance should be supported. CUP Considerations: Code Consistency Subdivision 6 of Section 1106.04 lists the conditions under which a conditional use permit can be issued. These are as follows: a. The accessory building must conform with Section 1103.06 and subdivision 1106.03(l) of this Title. b. The combined square footage of all accessory buildings on one (1) lot cannot exceed one thousand eight hundred (1,800) square feet. Read Variance and CUP June 28, 2004 Page 4 c. The building shall be designed and maintained to provide a uniform appearance with the dwelling unit. d. The width of the building cannot exceed thirty-five feet (35'). e. The building shall be a permanent structure. f. Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action regulated by Code. Section 1103.06 refers to the location of accessory buildings in side and rear yards. The proposed garage satisfies this requirement. Section 1106.03 refers to specific standards such as height, area, setbacks, coverage ratios, use requirements, total number of accessory buildings allowed and exterior siding requirements, all of which are satisfied with this request. All of the requirements addressed above would be satisfied with the exception of the width requirement. Conditional Use Criteria In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission (see “Adverse Effects” on the next page), and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings where applicable: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The proposed garage would cause none of these identified problems. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. While the proposed garage would be 624 square feet larger than the existing garage, adjacent properties should not be negatively impacted. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The proposed garage should not impact any adjacent properties. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The property owners own multiple vehicles, which were being parked in the back yard. The request is reasonably related to their needs. Read Variance and CUP June 28, 2004 Page 5 (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Planning Commission and City Council encourage residents to make improvements to their properties. One such common improvement is to expand garage space to accommodate the needs of today’s multi-vehicle families. With the exception of the maximum width requirement, this proposal is consistent with all zoning requirements and the purpose of the R-1, Single Family zoning district. (6) The use is not in conflict with the Comprehensive Plan of the City. The proposed conditional use is consistent with the Comprehensive Plan. (7) The use will not cause traffic hazards or congestion. There will be no added traffic or congestion resulting from the proposed garage. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. All utilities and infrastructure have already been provided. No additional utilities are needed. Adverse Effects The Planning Commission reviewed and addressed any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 2208 Lois Drive is designated as low-density residential and the proposed garage expansion would not be inconsistent with the Comp Plan. The Geographical Area Involved. The applicant’s home is located on Lois Drive, right before a cul-de-sac. The lots in the area are larger than the City’s minimum lot requirements. The applicant’s property is located next to Judicial Ditch #1. Because the property is within 100 feet of a Judicial Ditch, the applicant must seek Rice Creek’s approval for the addition. The applicant is currently in the process of doing so. Read Variance and CUP June 28, 2004 Page 6 Depreciation. The garage expansion would benefit the subject property both in a practical sense by providing additional on site and indoor parking of vehicles currently stored outside and in an economic sense, as the addition would increase the “value” of the property. Increased property values are of course a benefit to everyone. The Character of the Surrounding Area. This property is entirely surrounded by single-family residences. Most of the homes were built in the mid-sixties to early seventies. The lots in the area are larger than the minimum lot size. The expanded garage would not necessarily have a negative impact on the surrounding area. The Demonstrated Need for Such a Use. The applicant has indicated that the need is that they have more than two cars and only a two-car garage. Planning Commission Action: The Planning Commission voted to deny the variance request, based on lack of hardship. In turn, because the variance was not granted, the requirements for the conditional use permit were not met and therefore the Commission is recommending denial of the conditional use permit request. Resolution 758-04, which denies the variance, and 757- 04, which recommends denial of the conditional use permit, are attached for the Council’s review. Recommendation: After holding the public hearing and taking testimony from staff, the property owner and affected neighbors, the Council can take one of the following actions related to the request: 1. Deny the variance request due to lack of hardship. Denial of the variance would create a situation where the proposed addition would not meet the conditional use criteria. This would cause the City Council to deny the conditional use permit. Resolution 6286, which denies the variance and conditional use permit, is attached for adoption if the Council chooses to act on option #1. 2. Direct Staff to draft a resolution of approval for the variance and conditional use permit with findings of fact appropriate to support the approval. If the Council chooses to act on this option, Staff will provide the resolution to the Council at the next meeting on July 12, 2004. 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. If the Council chooses this option, action must be taken as soon as reasonably possible, as Staff has already requested an extension of the 60-day requirements. Read Variance and CUP June 28, 2004 Page 7 While the Planning Commission and Staff support the approval of a conditional use permit for an oversized garage at 2208 Lois Drive, there does not appear to be sufficient hardship to warrant approval of the variance to permit the extra-wide garage. There are other options for additional storage space. The applicant could add onto the back of the garage or construct a separate, detached garage. The applicant has provided a site plan and elevation of the proposed garage addition and an alternative plan, which does not require a variance or conditional use permit. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Application 2. Zoning Map 3. Sketch of Property 4. Layout of Proposed and Alternative Plans 5. Elevations of Proposed and Alternative Plans 6. Photographic Documentation 7. Resolution 758-04 8. Resolution 757-04 9. Resolution 6286 Read Variance and CUP June 28, 2004 Page 8 Read Variance and CUP June 28, 2004 Page 9 Read Variance and CUP June 28, 2004 Page 10 Zoning Map Read Variance and CUP June 28, 2004 Page 11 Sketch of Proposed Addition Lois Drive N Read Variance and CUP June 28, 2004 Page 12 Layout of Proposed Garage Addition Layout of Alternative Plan (if variance and CUP are not granted) Read Variance and CUP June 28, 2004 Page 13 Elevation of Proposed Addition Elevation of Alternative Plan (if variance and CUP are not granted ) Read Variance and CUP June 28, 2004 Page 14 Photographic Documentation Proposed addition would continue to the west from the existing attached garage. Existing Home Read Variance and CUP June 28, 2004 Page 15 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 758-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR A 48-FOOT WIDE GARAGE TO ALLOW FOR A GARAGE ADDITION AT 2208 LOIS DRIVE ; PLANNING CASE NO. VR2004-005 WHEREAS, property owner Michael Read has applied for a variance to expand his existing 22 feet wide garage by an additional 26 feet for a finished total width of 48 feet; and, WHEREAS, the applicant’s property, located at 2208 Lois Drive, is zoned R-1, Single Family residential, and is legally described as follows: Lot 2 and Subject to ditch Lot 3, Block 18, Pinewood Terrace No. 5; Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Mounds View Zoning Code restricts the width of oversized garages to 35 feet or less; and, WHEREAS, the proposed garage would be 48 feet in width, thirteen feet beyond that which is allowed for an oversized garage, necessitating application of a variance; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. Proposed Site Plan d. Location Map e. Photographic documentation f. Staff Report WHEREAS, the Planning Commission held a duly noticed public hearing regarding the variance request on Wednesday, May 19, 2004, Read Variance and CUP June 28, 2004 Page 16 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the variance request: 1. The property is zoned R-1, Single Family Residential. 2. The maximum garage width allowed for an over-sized garage in an R-1 zoning districts is 35 feet. 3. The applicant is proposing to construct a garage that is 48 feet wide, 13 feet in excess of the permitted width. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-1. 5. The literal interpretation of the Code would not deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. Granting a variance in this case would confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance would be materially detrimental to the purpose of this Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have not been satisfied. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the hardship criteria, testimony presented at the public hearing and the identified findings of fact, does hereby deny the variance request for a garage addition on the property located at 2208 Lois Drive. NOW, THEREFORE, BE IT FINALLY RESOLVED by the Planning Commission that the applicant shall be notified of the right to appeal this denial to the City Council. The appeal shall be submitted in writing within 10 business days of the adoption of this Resolution. Adopted this 19th day of May, 2004. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson, Community Dev. Director (SEAL) Read Variance and CUP June 28, 2004 Page 17 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 757-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,152 SQUARE-FOOT GARAGE AT 2208 LOIS DRIVE; PLANNING CASE NO. CU2004-001 WHEREAS, property owner Michael Read has applied for a conditional use permit to construct a 1,152 square foot detached garage on his lot located at 2208 Lois Drive, which is legally described as follows: Lot 2 and Subject to ditch Lot 3, Block 18, Pinewood Terrace No. 5; Ramsey County, Minnesota WHEREAS, The Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Zoning Map b. Proposed Site Plan c. Photographic documentation d. Staff Report WHEREAS, the Mounds View Planning Commission finds that the proposal does NOT satisfy the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends denial of the conditional use permit. 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. Read Variance and CUP June 28, 2004 Page 18 Adopted this 19th day of May, 2004. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) Read Variance and CUP June 28, 2004 Page 19 RESOLUTION NO. 6286 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DENIAL OF A VARIANCE REQUESTED BY MICHAEL READ FOR A 48-FOOT WIDE GARAGE AND DENYING A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE; PLANNING CASE NOS. VR2004-005 AND CU2004-001 WHEREAS, Michael Read has applied for a variance and a conditional use permit to expand his existing 528 square foot garage by an additional 624 square feet for a finished total of 1,152 square feet at 2208 Lois Drive; and, WHEREAS, the subject parcel is legally described as follows: Lot 2 and Subject to ditch Lot 3, Block 18, Pinewood Terrace No. 5; Ramsey County, Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential; and, WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the maximum garage width allowed by conditional use requirements is 35 feet; and, WHEREAS, the applicant is proposing a garage addition that would increase the garage width to 48 feet; and, WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a public hearing on May 19, 2004 and based on their review of the facts and their assessment of the hardship criteria, the Planning Commission adopted Resolution 758-04 denying the requested variance and also adopted Resolution 757-04 recommending denial of the conditional use permit do to the fact that the dimensional requirements had not been met, and; Read Variance and CUP June 28, 2004 Page 20 WHEREAS, in their resolution of denial, the Mounds View Planning Commission identified the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The property is zoned R-1, Single Family Residential. 2. The maximum garage width allowed for an over-sized garage in an R-1 zoning districts is 35 feet. 3. The applicant is proposing to construct a garage that is 48 feet wide, 13 feet in excess of the permitted width. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-1. 5. The literal interpretation of the Code would not deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. Granting a variance in this case would confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance would be materially detrimental to the purpose of this Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have not been satisfied. WHEREAS, the applicant exercised his right to appeal to the City Council the Planning Commission’s variance denial; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Application 2. Zoning Map 3. Site Plan 4. Layout and Elevations of Proposed Addition and Alternative Plan 5. Photographic Documentation 6. Staff Report 7. Planning Commission Resolutions 758-04 and 757-04 WHEREAS, the City Council held a public hearing regarding this request on June 28, 2004; and, Read Variance and CUP June 28, 2004 Page 21 WHEREAS, the Mounds View Zoning Code requires that the City Council consider the advice and recommendation of the Planning Commission and shall consider the relationship between the proposed conditional use and the Comprehensive plan and consider the impacts of the use supported by findings of relevant fact. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based upon its review of the facts and the information presented at the public hearing, does hereby affirm the Planning Commission’s denial of the variance requested by Mr. Michael Read for the 48-foot wide garage at 2208 Lois Drive. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council, based upon its review of the facts and conditional use permit requirements, does hereby deny the conditional use permit for an oversized garage at 2208 Lois Drive. Adopted this 28th day of June, 2004. _________________________________________ Jerry Linke, Mayor Attest: _________________________________________ Kurt Ulrich, City Clerk / Administrator (Seal) Item No. 10C Meeting Date: June 28, 2004 Type of Business: PH & CB City Administrator: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing to Consider Resolution 6272, a Resolution Approving An Intoxicating Liquor Business License (Off-Sale) for ABC Liquor Date of Report: June 28, 2004 Section 502.08 of the City Code requires that a public hearing be held prior to the renewal of any intoxicating liquor license. The City of Mounds View issued an intoxicating liquor license for ABC Liquor on June 9, 2003, and their renewal is before the Council for consideration. ABC Liquor Intoxicating Liquor License will expire June 30, 2004. ABC Liquor has submitted their city liquor license application materials and the applicable fee. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for ABC Liquor. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Network Liquor on 10. Fire Inspection (City of Mounds View Fire Marshal) The Fire Marshal has inspected the premises and recommends approval of the license subject to minor code corrections being accomplished. Recommendation Staff recommends that the City Council approve ABC Liquors’s application for Intoxicating Liquor License, pending satisfaction of Fire Marshall Orders. Respectfully Submitted Desaree M. Crane RESOLUTION 6272 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for ABC Liquor WHEREAS, ABC Liquor’s Intoxicating Liquor License expires June 30, 2004; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of ABC Liquor’s Intoxicating Liquor License; and WHEREAS, this Intoxicating Liquor License approval is subject to a satisfactory fire inspection. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Intoxicating Liquor License for ABC Liquor subject to satisfaction of pending Fire Marshal orders. Adopted this 28th day of June, 2004. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 10D Meeting Date: June 28, 2004 Type of Business: PH & CB City Administrator: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing to Consider Resolution 6273, a Resolution Approving An Intoxicating Liquor Business License (Off-Sale) for Network Liquors on 10 Date of Report: June 28, 2004 Section 502.08 of the City Code requires that a public hearing be held prior to the renewal of any intoxicating liquor license. The City of Mounds View issued an intoxicating liquor license for Network Liquors on 10 on June 23, 2002, and their renewal is before the Council for consideration. Network Liquor on 10’s Intoxicating Liquor License will expire June 30, 2004. Network Liquors on 10 has submitted their city liquor license application materials and the applicable fee. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Network Liquor on 10 Liquor Utility Billing Inquiry (City of Mounds View) The Finance Department states that Network Liquor on 10 is delinquent in their Utility payment. Network Liquor on 10 has been notified. Fire Inspection (City of Mounds View Fire Marshal) The Fire Marshal has inspected the premises and recommends approval of the license subject to minor code corrections being accomplished. Recommendation Staff recommends that the City Council approve Network Liquor on 10’s application for Intoxicating Liquor License, pending satisfaction of Fire Marshall Orders and Utility Payment. Respectfully Submitted Desaree M. Crane RESOLUTION 6273 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for Network Liquor on 10 WHEREAS, Network Liquor on 10’s Intoxicating Liquor License expires June 30, 2004; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Network Liquor on 10’s Intoxicating Liquor License; and WHEREAS, this Intoxicating Liquor License approval is subject to a satisfactory fire inspection. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Intoxicating Liquor License for Network Liquor on 10 subject to satisfaction of pending Fire Marshal orders and utility payment. Adopted this 28th day of June, 2004. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 10E Type of Business: PH & CB Meeting Date: June 28, 2004 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing to Consider Resolution 6274, a Resolution Approving An Intoxicating Liquor Business License (On-Sale) for Jake’s Sports Cafe Section 502.08 of the City Code requires that a public hearing be held prior to the renewal of any intoxicating liquor license. The City of Mounds View issued an intoxicating liquor license for Jake’s Sports Cafe on June 23, 2003, and their renewal is before the Council for consideration. Jake’s Sports Cafe’s Intoxicating Liquor License will expire June 30, 2004. Jake’s Sports Cafe has submitted their city liquor license application materials (to include the application to stay open until 2am per Ordinance 717), and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Jake’s Sports Café. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Jake’s Sports Cafe. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has inspected Jake’s Sports Café and issued a satisfactory report regarding the establishment pending correction of minor Code issues. Recommendation Staff recommends that the City Council approve Jake’s Sports Cafe’s application for Intoxicating Liquor License to include selling on Sundays, and staying open until 2am pending satisfaction of Fire Marshall orders. Respectfully Submitted Desaree M. Crane RESOLUTION 6074 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for Jake’s Sports Cafe WHEREAS, Jake’s Sports Cafe’s Intoxicating Liquor License expires June 30, 2004; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, all necessary inspections for the establishment have been conducted and with the exception of minor issues associated with the Fire Marshal’s inspection, the establishment satisfies all requirements; and WHEREAS, staff recommends approval of Jake’s Sports Cafe’s Intoxicating Liquor License. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Intoxicating Liquor License for Jake’s Sports Café subject to satisfaction of pending Fire Marshal orders. Adopted this 23rd day of June, 2003. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 10F Type of Business: PH & CB Meeting Date: June 28, 2004 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing to Consider Resolution 6275, a Resolution Approving An Intoxicating Liquor Business License (On-Sale) for Robert’s Sports Bar and Entertainment Section 502.08 of the City Code requires that a public hearing be held prior to the renewal of any intoxicating liquor license. The City of Mounds View issued an intoxicating liquor license for Robert’s Sports Bar and Entertainment on June 23, 2003, and their renewal is before the Council for consideration. Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License will expire June 30, 2004. Robert’s Sports Bar and Entertainment has submitted their city liquor license application materials (to include the application to stay open until 2am per Ordinance 717), and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Robert’s Sports Bar and Entertainment Liquor. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Robert’s Sports Bar and Entertainment. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has inspected Robert’s Sports Bar and Entertainment and the establishment has minor Code issues. Recommendation Staff recommends that the City Council approve Robert’s Sports Bar and Entertainment’s application for Intoxicating Liquor License to include selling on Sundays, and staying open until 2am pending satisfaction of Fire Marshall orders. Respectfully Submitted Desaree M. Crane RESOLUTION 6275 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment WHEREAS, Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License expires June 30, 2004; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, all necessary inspections for the establishment have been conducted and with the exception of minor issues associated with the Fire Marshal’s inspection, the establishment satisfies all requirements; and WHEREAS, staff recommends approval of Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Intoxicating Liquor License for Robert’s Sports Bar and Entertainment subject to satisfaction of pending Fire Marshal orders. Adopted this 28th day of June, 2004. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 10G Type of Business: PH & CB Meeting Date: June 28, 2004 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing to Consider Resolution 6276, a Resolution Approving An Intoxicating Liquor Business License (On-Sale) for The Mermaid Section 502.08 of the City Code requires that a public hearing be held prior to the renewal of any intoxicating liquor license. The City of Mounds View issued an intoxicating liquor license for The Mermaid on June 23, 2004, and their renewal is before the Council for consideration. The Mermaid’s Intoxicating Liquor License will expire June 30, 2004. The Mermaid has submitted their city liquor license application materials (to include the application to stay open until 2am per Ordinance 717), and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for The Mermaid Liquor. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for The Mermaid. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has inspected The Mermaid and issued a satisfactory report regarding the establishment pending correction of minor Code issues. Recommendation Staff recommends that the City Council approve The Mermaid’s application for Intoxicating Liquor License to include selling on Sundays, and staying open until 2am pending satisfaction of Fire Marshall orders. This approval is also pending the receipt of their updated insurance certificate. Respectfully Submitted Desaree M. Crane RESOLUTION 6276 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for The Mermaid WHEREAS, The Mermaid’s Intoxicating Liquor License expires June 30, 2004; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, this Intoxicating Liquor License approval is pending the receipt of The Mermaid’s Insurance Certificate; and WHEREAS, all necessary inspections for the establishment have been conducted and with the exception of minor issues associated with the Fire Marshal’s inspection, the establishment satisfies all requirements; and WHEREAS, staff recommends approval of The Mermaid’s Intoxicating Liquor License. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Intoxicating Liquor License for The Mermaid pending the receipt of their Insurance Certificate and subject to the satisfaction of pending Fire Marshal orders. Adopted this 28th day of June, 2004. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 10H Meeting Date: June 28, 2004 Type of Business: CB Administrator Review: ________ City of Mounds View Staff Report To: Mounds View City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Consideration of Resolution 6289, Approving a Final Plat for the “Hidden Hollow” Major Subdivision; Planning Case MA2004-001 Introduction: Pro Craft Development, LLC, represented by Jim Melcher and Gary Nordness, has submitted an application for a major subdivision of parcels abutting the south side of County Road H2 between the City’s western City limits and the property addressed at 2946 County Road H2. The proposed 9.36-acre subdivision would create 17 buildable lots from the existing six lots. Pro Craft Development, LLC, has a purchase agreement with the private land owner and a purchase and redevelopment agreement with the City. Formerly known as The Woods of Mounds View, the Hidden Hollow preliminary plat represents the culmination of many months of planning, preparation and negotiation on the proposed residential redevelopment. Discussion: On May 10, 2004, the City Council approved Resolution 6250, which approved the preliminary plat of the Hidden Hollow major subdivision. All created parcels satisfy the minimum lot requirements. With the exception of enlarging easements on a few of the lots and showing only the required details, the final plat is no different than the preliminary plat. The resolution approving the final plat stipulates that before City signatures are placed on the final plat, the developer shall have paid the $40,767.00 park dedication fee. In addition, the resolution requires that several other requirements be completed prior to the City signing the final plat. Resolution 6289, which grants final plat approval, is attached. Joe Rhein, from Bonestoo, Rosene, Anderlik and Associates, reviewed the final plat and had comments regarding the enlargement of four easements within the Hidden Hollow lots. These changes are not reflected in the final plat that is attached to this report; however, the easement changes will be made to the final version signed by the City. Staff included these changes as a condition of final plat approval. The signature page on the attached final plat will be changed to reflect that the “Hidden Hollow” final plat will only be signed by Pro Craft and Cherokee State Bank. Due to the precise order in which documents need to be recorded, it has been advised that Pro Craft close on both the property owned by Mr. Blaine Fyksen and the property owned by the Mounds View Economic Development Authority before recording the final plat. Hidden Hollow Final Plat June 28, 2004 Page 2 Recommendation: The Council can take one of the following actions related to the request: 1. Approve the final plat with the conditions noted. Resolution 6289 is attached if the Council chooses this option. 2. 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. 3. Deny the final plat. If the Council selects this option, Staff must be directed to draft the resolution with appropriate findings to support the denial. Respectfully, Kristin Prososki Planning Associate Attachments: 1. Resolution 6289 2. Hidden Hollow Final Plat (Separate Attachment) Hidden Hollow Final Plat June 28, 2004 Page 3 RESOLUTION NO. 6289 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE “HIDDEN HOLLOW” FINAL PLAT MOUNDS VIEW PLANNING CASE NO. MA2004-001 WHEREAS, Pro Craft Development, LLC (“Pro Craft”) has requested approval of a final plat for the “Hidden Hollow” major subdivision on land located south of County Road H2, legally-described as follows: Lots 34, 36 and 37, KNOLLWOOD PARK, Lot 35, KNOLLWOOD PARK, except the North 150 feet thereof, That part of Lot 38, KNOLLWOOD PARK, lying southerly of the North 210 feet thereof, The South 438 feet of Lot 39, KNOLLWOOD PARK, That part of Lot 40, KNOLLWOOD PARK, lying southerly of the North 210 feet thereof, according to the recorded plat thereof, Ramsey County, Minnesota. WHEREAS, The above-described lands are zoned R-1, Single-Family Residential and are designated as Single-Family Detached on the Comprehensive Plan; and, WHEREAS, Pro Craft has submitted a Final Plat, date stamped June 17, 2004, for the major subdivision which creates 17 buildable lots and one Outlot, dedicating the proposed public street right of way as “Hidden Hollow Court”; and, WHEREAS, The land south of the north 210 feet of the parcel legally described as: South 438 feet of Lot 39 and all of Lot 40,Knollwood Park, Ramsey County, Minnesota will be included in the major subdivision and shall be split from the north 210 feet of said lot, whereby allowing the north 210 feet of the said lot to retain the existing parcel identification number and legal description; and, WHEREAS, The land south of the north 210 feet of the parcel legally described as: Lot 38, Knollwood Park, Ramsey County, Minnesota will be included in the major subdivision and shall be split from the north 210 feet of said lot, whereby allowing the north 210 feet of said lot to retain the existing parcel identification number and legal description; and, Hidden Hollow Final Plat June 28, 2004 Page 4 WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area; and, WHEREAS, the proposed subdivision is NOT within a Wetland Zoning District; and, WHEREAS, the grading and drainage plan has been reviewed and approved by the City Engineer and Rice Creek Watershed District has given conditional approval; and, WHEREAS, the conditions and requirements regarding the proposed exchange of real property between the City and Pro Craft are fully addressed in the Purchase and Redevelopment Agreement; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Preliminary Plat 3. Zoning Map 4. Location Map 5. Site Plan (C1) 6. Grading Plan (C2) 7. Utility Plan (C3 & C4) 8. Wetland Memo dated May 1, 2004 9. Engineers Memo dated May 3, 2004 10. Engineers e-mail dated May 6, 2004 11. Planning Commission Resolution 754-04 12. Resolution 6250, Adopted May 10, 2004 13. Staff Report 14. Final Plat WHEREAS, the Mounds View City Council has received a recommendation of approval from the Mounds View Planning Commission as stated in Planning Commission Resolution No. 754-04; and, WHEREAS, on May 10, 2004, the Mounds View City Council held a duly noticed public hearing regarding this subdivision and approved Resolution 6250 which approved the “Hidden Hollow” preliminary plat; and, WHEREAS, the City Attorney has reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, the Mounds View City Council has reviewed the proposed final plat for the “Hidden Hollow” subdivision and finds it to be consistent with the preliminary plat and in conformance with Resolution 6250 and with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution. Hidden Hollow Final Plat June 28, 2004 Page 5 NOW, THEREFORE, BE IT RESOLVED that as part of the “Hidden Hollow” Final Plat, the north 210 feet of the parcels legally described as: South 438 feet of Lot 39 and all of Lot 40,Knollwood Park, Ramsey County, Minnesota Lot 38, Knollwood Park, Ramsey County, Minnesota shall be split from the south 438 feet of said lots. The north 210 feet of each lot shall maintain the existing parcel identification number. The south 438 feet of said lots will become part of the “Hidden Hollow” major subdivision. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council, having already approved the preliminary plat, approves the final plat for the “Hidden Hollow” subdivision, subject to the terms and conditions as stated in the Purchase and Redevelopment Agreement and subject to stipulations as follows: 1. Pro Craft shall arrange to have a Registered Property Abstract (RPA) or other acceptable title commitment provided to the City Attorney for review and approval prior to the City signing the Final Plat. 2. Prior to the Final Plat execution, Pro Craft shall pay a park dedication fee in the amount of $40,767.00. 3. Pro Craft shall enter into various agreements with the City and/or the EDA including (but not limited to) the Purchase and Redevelopment Agreement and the Developers Agreement. 4. Pro Craft shall have executed the Purchase and Redevelopment Agreement prior to City signatures being placed upon the “Hidden Hollow” final plat. 5. Pro Craft shall take all steps to save any and all trees possible during the construction and shall make arrangements to have a minimum of two trees planted in each front yard upon project completion and sod all yard areas. 6. Pro Craft shall obtain approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 7. All utilities within the development area and to the individual home sites shall be located underground. 8. Necessary permits shall be obtained for any and all work occurring within the City right of way. 9. All easements shall be revised per the City Engineer’s requirements prior to City signatures being placed upon the “Hidden Hollow” final plat. 10. City approval is contingent upon the Ramsey County Surveyor’s approval. Hidden Hollow Final Plat June 28, 2004 Page 6 11. Pro Craft shall satisfy all City of Mounds View City Code requirements including, but not limited to, submission of current title work for the Property, the inclusion of appropriate easements for the plat, etc. 12. Pro Craft shall prepare a final plat that satisfies all required formalities pursuant to the Mounds View City Code and state statutes. 13. Pro Craft shall successfully complete any and all requirements after final review of the final plat by the City Attorney and City Engineer and City Staff. 14. The approval contemplated herein is subject to the condition that Pro Craft must pay for all costs incurred by the City concerning this subdivision, including preparation and review of the preliminary and final plat by technical assistants and the costs incurred by the City Attorney, city consultants, as well as other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that approval of this final plat is subject to approval by and recordation with Ramsey County, which shall occur within one hundred twenty (120) days of Council approval. Pro Craft shall furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void. Adopted this 28th day of June, 2004. __________________________________________ Jerry Linke, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 10J Meeting Date: June 28, 2004 Type of Business: CB Administrator Review: _________ City of Mounds View Staff Report To: Mounds View City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Consideration of Resolution 6294, Approving the Final Plat for the “Velmeir CVS Addition” Major Subdivision; Planning Case MA2004-002 Introduction: The Velmeir Companies, represented by Jim LaValle, has submitted an application for a major subdivision of the land at the southwest corner of County Road 10 and Silver Lake Road, the former Amoco gasoline station. The site has an area of 5.54 acres and the parcels are currently zoned B-3, R-3 and R-4. The proposed use for the development is a CVS Pharmacy. The plat area involves five parcels, and from these five, three parcels will be created. Discussion: On May 24, 2004, the City Council approved Resolution 6270, which approved the preliminary plat of the “Velmeir CVS Addition” major subdivision. All created parcels satisfy the minimum lot requirements. With the exception of easement changes and showing only the required detail, the final plat is no different than the preliminary plat and is in proper form for recordation. A copy of the final plat is attached to this report. There are a few necessary changes that must be made before the City will sign the final plat. The right of way designation that states “STATE HIGHWAY 10-62” will be altered to reflect the change to a County Highway. The right of way designation for Silver Lake Road will be changed to “County Road 44” and easements will be added to the ponding areas. In addition, a ten (10) foot easement will be placed along the right of way. Resolution 6294 (attached), which approves the final plat for the “Velmeir CVS Addition”, stipulates that Velmeir shall have paid the required park dedication fee prior to City signatures being placed on the plat. Staff is recommending a park dedication fee of $57,812.69, which is based only on the land that is being more intensely developed. Because the developer has agreed to install a ten-foot wide bituminous trail adjacent to the site, the Council could --at its discretion-- consider subtracting the cost of the path from the park dedication fee. If the Council so desires, the park dedication fee can be changed in the attached resolution. In addition, Resolution 6294 stipulates that several other requirements be completed prior to the City signing the final plat. In conjunction with the major subdivision request is a rezoning request. The Council held the introduction and first reading of Ordinance 739, which rezones portions of Lots 1 and 2 of this subdivision, at the May 24, 2004 City Council meeting. After the “Velmeir CVS Addition” final plat has been recorded with Ramsey County, the Council will consider the second reading and adoption of Ordinance 739. CVS Final Plat June 28, 2004 Page 2 Recommendation: The Council can take one of the following actions related to the request: 1. Approve the final plat with the conditions noted. Resolution 6294, a resolution approving the final plat, is attached if the Council chooses this option. 2. 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. 3. Deny the final plat. If the Council selects this option, Staff must be directed to draft the resolution with appropriate findings to support the denial. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Resolution 6294 2. Final Plat (Separate Attachment) CVS Final Plat June 28, 2004 Page 3 RESOLUTION NO. 6294 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE “VELMEIR CVS ADDITION” FINAL PLAT MOUNDS VIEW PLANNING CASE NO. MA2004-002 WHEREAS, The Velmeir Companies (“Velmeir”) has requested approval of a final plat for the “Velmeir CVS Addition” major subdivision on land located at the southwest corner of County Road 10 and Silver Lake Road, legally-described as follows: That part of Lot 59, Auditor’s Subdivision No. 89, lying South of a line described as follows: Commencing at the Northwest corner of said lot 59; thence South along the West line of said Lot 59, 257.93 feet to the point of beginning; thence Southeasterly to a point on the East line of said Lot 59, 257.93 feet South of the Northeast corner and there terminating. Together with: Lot 58, except the West 100 feet lying Northerly of the Southerly 514.63 feet thereof, Auditor’s Subdivision No. 89, Together with: Subject to Highway, except the South 514.63 feet of the West 100 feet of Lot 58, Auditor’s Subdivision No. 89, Together with: Lots 1 and 2, Block 1, Amoco Silver Addition, according to the recorded plat thereof, Ramsey County, Minnesota. WHEREAS, The above-described lands are designated as Mixed Use Planned Unit Development on the Comprehensive Plan; and, WHEREAS, Velmeir has submitted a Final Plat, date stamped June 18, 2004, for the major subdivision which creates 3 lots; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area; and, WHEREAS, the proposed subdivision is NOT within a Wetland Zoning District; and, WHEREAS, Velmeir has submitted the grading and drainage plan to Rice Creek Watershed District and has been given conditional approval; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Preliminary Plat 3. Zoning Map 4. Location Map 5. Site Plan (Page C2-1) CVS Final Plat June 28, 2004 Page 4 6. Grading Plan (Page C3-1) 7. Utility Plan (C4-1) 8. Photographic Documentation 9. Planning Commission Resolution 759-04 10. Resolution 6270, Adopted May 24, 2004 11. Staff Report 12. Final Plat WHEREAS, the Mounds View City Council has received a recommendation of approval from the Mounds View Planning Commission as stated in Planning Commission Resolution No. 759-04; and, WHEREAS, the Mounds View City Council held a duly noticed public hearing regarding this subdivision on Monday, May 24, 2004 and adopted Resolution 6270, which approved the “Velmeir CVS Addition” preliminary plat; and, WHEREAS, the City Attorney has reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, the Mounds View City Council has reviewed the proposed final plat for the “Velmeir CVS Addition” subdivision and finds it to be consistent with the preliminary plat and in conformance with Resolution 6270 and with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the preliminary plat, approves the final plat for the “Velmeir CVS Addition” subdivision, subject to stipulations as follows: 1. Velmeir shall arrange to have a Registered Property Abstract (RPA) or other acceptable title commitment provided to the City Attorney for review and approval prior to City signatures being placed upon the Final Plat. 2. Velmeir shall pay a park dedication fee in the amount of $57,812.69 prior to City signatures being placed upon the “Velmeir CVS Addition” final plat. 3. Velmeir shall obtain approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 4. All utilities within the development area shall be located underground. 5. The Final Plat shall show survey measured angles. CVS Final Plat June 28, 2004 Page 5 6. A ten (10) foot easement shall be shown along the right of way and five (5) foot perimeter easements shall be shown for each parcel prior to City signatures being placed upon the “Velmeir CVS Addition” final plat. 7. An easement shall be placed over the pond and rain garden area prior to City signatures being placed upon the “Velmeir CVS Addition” final plat. 8. Before any construction is to occur, Velmeir will need to submit copies of all required County permits, including permits to work within County right of way. 9. Velmeir shall enter into various agreements with the City and/or the EDA including (but not limited to) the Development Agreement, which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of the property. 10. A ten (10) foot wide bituminous trail shall be constructed per the City specifications and shall be located according to the site plan date stamped May 20, 2004. 11. City approval is contingent upon the Ramsey County Surveyor’s approval. 12. Velmeir shall satisfy all City of Mounds View City Code requirements including, but not limited to, submission of current title work for the Property, the inclusion of appropriate easements for the plat, etc. 13. Velmeir shall prepare a final plat that satisfies all required formalities pursuant to the Mounds View City Code and state statutes. 14. Velmeir shall successfully complete any and all requirements after final review of the final plat by the City Attorney and City Engineer and City Staff. 15. The approval contemplated herein is subject to the condition that Velmeir must pay for all costs incurred by the City concerning this subdivision, including preparation and review of the preliminary and final plat by technical assistants and the costs incurred by the City Attorney, city consultants, as well as other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that approval of this final plat is subject to approval by and recordation with Ramsey County, which shall occur within one hundred twenty (120) days of Council approval. Velmeir shall furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void. CVS Final Plat June 28, 2004 Page 6 Adopted this 28th day of June, 2004. __________________________________________ Jerry Linke, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No. 10K Meeting Date: June 28, 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 14, 2004 Council Meeting, Council read the 1st reading of the revision to Chapter 907.6, Storm Water, to reflect the implementation of an illicit water discharge program. This is the 2nd reading of the ordinance revision. 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 $100.00 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 $100.00 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 28th day of June, 2004. Jerry Linke, Mayor ATTEST: (SEAL) Kurt Ulrich, City Administrator Approved as to form: Mounds View City Attorney Item No. 10L Type of Business:CB Meeting Date: June 28, 2004 Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Second Reading and Adoption 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, Parks and Recreation Commission, and the Economic Development Commission Date of Report: June 28, 2004 The introduction and first reading of Ordinance 741 occurred during the City Council meeting on June 14, 2004. Staff was directed to make one minor change in the Police Civil Service Commission Appointments and present it to Council for a Second Reading and Adoption. 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 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 Approve second reading 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. 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 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 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 28th 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 June 14, 2004 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:05 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, June 14, 2004 City Council Agenda. 20 21 Mayor Linke stated he would like to postpone Item 7B until the next meeting. He also stated he 22 would like to move Item 10G up in front of 10A. 23 24 MOTION/SECOND: Marty/Stigney. To Approve the Monday, June 14, 2004 Agenda as 25 amended. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 Dennis Amis, 5511 Quincey St., asked the Council what had been done as far as cars having 32 noise violations. He stated he was talking about cars with loud mufflers and boom boxes. 33 34 Chief Sommer stated noise violations were handled on a case-by-case basis. He stated if 35 someone had a specific complaint and had the license number, they would deal with that 36 individually. He stated they do issue citations for loud mufflers. 37 38 Dennis Amis stated he would like to know how many citations had been issued for noise 39 violations in the last 90 days. 40 41 Chief Sommer stated he could get that information. He stated that it wasn’t that common to 42 issue noise violations. 43 44 Mounds View City Council June 14, 2004 Regular Meeting Page 2 Council Member Marty stated he had seen more people being pulled over in the last month than 1 at any other time since he has lived in Mounds View. 2 3 Chief Sommer stated there has been a lot of emphasis on traffic enforcement within the city, both 4 in general and for the Safe and Sober Program. 5 6 Tom Tomwiniky, Sherwin Road, stated there are people going 60 miles an hour down Long Lake 7 Road. He also stated there are many cars parked on the streets at 5:30 in the morning. 8 9 Dave Yankey stated he was appalled that any Council member would consider subsidizing a golf 10 course. 11 12 Mayor Linke stated there were many possibilities they were looking at on this issue. 13 14 Bill Rice, 2932 County Road H2, stated he would fire his financial advisor if they suggested 15 investing in that golf course. 16 17 Mayor Linke stated they were looking at about seven different options, including selling it to get 18 rid of it. He stated when they have all the information, they will make a decision. 19 20 Mr. Rice asked if they were going to put nine more holes in. 21 22 Mayor Linke stated that was no longer an option. 23 24 Mr. Rice asked whether there had been any meetings regarding the golf course behind closed 25 doors, and Mayor Linke stated that there had not. 26 27 6. CITY BUDGET QUESTIONS AND COMMENTS 28 29 None. 30 31 7. SPECIAL ORDER OF BUSINESS 32 33 A. Resolution 6284, Resolution of Appreciation for Greg Johnson 34 35 Mayor Linke read Resolution 6284. 36 37 MOTION/SECOND: Marty/Stigney. To approve Resolution 6284. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 Mayor Linke stated Greg Johnson was a good friend of his, and he will be missed. He presented 42 the framed resolution to the family. 43 44 Council Member Marty gave an overview of his friendship with Greg Johnson. 45 Mounds View City Council June 14, 2004 Regular Meeting Page 3 8. JUST AND CORRECT CLAIMS. 1 2 MOTION/SECOND: Gunn/Quick. To approve Just and Correct Claims as presented. 3 4 Ayes-5 Nays -0 Motion carried 5 6 9. CONSENT AGENDA 7 8 A. Resolution 6258 Approving the Private Street Maintenance Policy 9 B. Resolution 6279 Approve and Authorize the execution of an Agreement 10 Rider with Saint Paul Board of Water Commissioners for work associated 11 with the 2003 Street Improvement Project 12 C. Cancel Public Hearing Set for Monday, June 14, 2004 and Reschedule for 13 Monday, June 28, 2004 at 7:05PM to Consider a Variance Request and 14 Conditional Use Permit Request for an Oversized Garage at 2208 Lois Drive 15 D. Set a Public Hearing for Monday, June 28, 2004 at 7:10 pm to Consider 16 Resolution 6272, an Off Sale Intoxicating Liquor License Renewal for ABC 17 Liquor located at 2840 Highway 10 18 E. Set a Public Hearing for Monday, June 28, 2004 at 7:15 pm to Consider 19 Resolution 6273, an Off Sale Intoxicating Liquor License Renewal for 20 Network Liquors located at 2354 County Road H 21 F. Set a Public Hearing for Monday, June 28, 2004 at 7:20 pm to Consider 22 Resolution 6274, an On Sale Intoxicating Liquor License Renewal for Jake’s 23 Sports Café located at 2400 Highway 10 24 G. Set a Public Hearing for Monday, June 28, 2004 at 7:25 pm to Consider 25 Resolution 6275, an On Sale Intoxicating Liquor License Renewal for 26 Robert’s Sports Bar and Entertainment located at 2400 County Road H2 27 H. Set a Public Hearing for Monday, June 28, 2004 at 7:30 pm to Consider 28 Resolution 6276, an On Sale Intoxicating Liquor License Renewal for The 29 Mermaid located at 2200 Highway 10 30 I. Executive Session Immediately Following Meeting to Discuss Union 31 Negotiations 32 J. Resolution 6278 Approving renewal of police training contract with Century 33 College 34 K. Licenses for Approval 35 L. Resolution 6280 Approving a Temporary Data Entry Position 36 M. Resolution No. 6281 Setting a Public Improvement Hearing Date and 37 Authorizing the Preparation of Plans and Specifications for the Mounds 38 View Manufactured Home Park Second Access Project 39 N. Resolution 6254 DEX Advertising for the Golf Course 40 41 Council Member Stigney requested to have item 9A removed for discussion. 42 43 MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items B, C, D, E, F, G, H, I, 44 J, K, L, M, and N as Presented. 45 Mounds View City Council June 14, 2004 Regular Meeting Page 4 1 Ayes – 5 Nays – 0 Motion carried. 2 3 A. Resolution 6258 Approving the Private Street Maintenance Policy 4 5 Council Member Stigney asked where the actual draft copy of the streets policy was. 6 7 Council Member Marty stated it was after the time line with the dates. 8 9 Council Member Stigney asked if this would be attached to the resolution or if it was going to be 10 published elsewhere. 11 12 Public Works Director Lee stated it would be put into the city’s policy and procedures book, 13 which was available for public inspection. 14 15 Council Member Marty stated the second whereas in the resolution needed to be capitalized. 16 17 MOTION/SECOND. MARTY/QUICK. To waive the reading and approve Resolution 6258 18 Approving the Private Street Maintenance Policy. 19 20 Ayes -5 Nays-0 Motion carried 21 22 10. COUNCIL BUSINESS 23 24 A. 7:05 PM. Public Hearing. First reading and Introduction of Ordinance 738, 25 an Ordinance Assigning a Name to that Part of County Road 10 passing 26 through Mounds View. 27 28 Community Development Director Ericson stated that the Council had directed staff to forth an 29 Ordinance assigning a name to that part of Highway 10 that drives through the city of Mounds 30 View to eliminate the confusion that exists. He stated that notice had been sent to property 31 owners and business owners. He stated the feedback they had received thus far indicated a 32 preference for Mounds View Boulevard. Mounds View Parkway was another name the City 33 Council had been considering. 34 35 Community Development Director Ericson stated the city of Blaine had asked that a more 36 generic name be considered that could be applied to the cities of Blaine and Spring Lake Park. 37 Blaine had requested that the three cities have a meeting to discuss a name. 38 39 Mayor Linke opened the public hearing. 40 41 Jennifer Klossen, Marketing Director for Northtown Mall, stated she supported the cities getting 42 together to come up with a universal name to eliminate confusion. 43 44 Mounds View City Council June 14, 2004 Regular Meeting Page 5 Mayor Linke stated the mayor of Spring Lake Park had notified him he would like to discuss the 1 issue also. He also stated he would like to see the name be Mounds View Boulevard. He stated 2 the three Councils should get together in an informal meeting to discuss the issue. 3 4 Council member Quick suggested a committee rather than the entire Council. 5 6 City Clerk Ulrich stated there was a joint meeting on July 22 with the cities of Blaine and Spring 7 Lake park to discuss fire department issues, and he suggested putting this item on that agenda. 8 9 Christine Schnor, 2935 Highway 10, who is a bus driver, stated she would like to have one name 10 for the entire stretch of Highway 10 to eliminate confusion. 11 12 Council Member Stigney stated they owe it to the other cities to discuss it with them. He stated a 13 concern regarding postal service delivery. 14 15 Community Development Director Ericson stated the issue would have to be addressed with the 16 post office. 17 18 MOTION/SECOND. Linke/Marty. To continue the public hearing until a date after the Council 19 meets with the Blaine and Spring Lake Park Councils. 20 21 Ayes-5 Nays-0 Motion carried. 22 23 B. Resolution 6283 in Consideration of a Development Review for an Addition 24 to the Bioclean Building, 2151 Mustang Drive. 25 26 Council Member Marty momentarily left the meeting. 27 28 MOTION/SECOND. Quick/Stigney. To approve Resolution 6283, in Consideration of a 29 Development Review for an Addition to the Bioclean Building, 2151 Mustang Drive. 30 31 Ayes-4 Nays-0 Motion carried. 32 33 Council Member Marty returned to the meeting. 34 35 C. 7:16 PM Public Hearing for 2003 Street Improvement Project Resolution 36 6265, Assessment Hearing, and Adoption of a Special Assessment Levy. 37 38 Public Works Director Lee stated this is a continuation of the assessment hearing from May 24th. 39 He proposed holding the assessment hearing and then going to item 10D, which is to look at 40 awarding the contract for the 2003 Street Improvement Project, and then coming back to 41 adopting the assessment levy. He stated whether some of the items are awarded or not will affect 42 the assessment amounts, and so they need to award the contract before they approve the adoption 43 of the assessment levy. 44 45 Mounds View City Council June 14, 2004 Regular Meeting Page 6 Public Works Director Lee stated the 2003 Street Improvement Project calls for upgrade of the 1 streets that lie generally south of County Road 10 and north of County Road H2, and west of 2 Long Lake Road. He stated Circle Lake/Court Drive was originally part of the project, but they 3 were deleted since they had some issues with those private streets being converted over to public 4 streets. 5 6 Public Works Director Lee stated that the project as proposed calls for total reconstruction of the 7 streets west of Silver Lake Road, and the streets will be adjusted to 28 feet in width. He stated 8 the streets east of Silver Lake Road, since they already have concrete curb and gutter, would have 9 upgraded bituminous surface, some minor replacement of the curb and gutter, and replacement 10 and upgrade of the infrastructure. He stated sanitary sewer improvements that were necessary 11 would be part of the 2003 Street Improvement Project. 12 13 Public Works Director Lee stated bids were received for a proposed sidewalk on the west side of 14 Groveland from County Road I to County Road 10, and bids were also open for the parking lot at 15 the Lakeside Lions Park. He stated the estimated total cost for the project is $2,178,000, of 16 which $557,000 would be assessed. He stated Spring Lake Park would pay for their portion of 17 the project, and also Municipal State Aid would be paying for a portion of it. He stated Mounds 18 View Special Project funds would be used depending on whether or not the City Council awards 19 the contract for Lakeside Lions Park. 20 21 Public Works Director Lee stated on April 22 the City received five bids for the project, and that 22 the low bidder was Hard Drives, Inc. at $1,574,000. He stated Alternate No. 1 for the Groveland 23 sidewalk was $40,234, and Alternate No. 2 for Lakeside Lions parking lot is a little under 24 $100,000. He stated the base bid came in 8.8 percent less than the engineer’s estimate for this 25 project. He stated assuming the City adopts the assessment levy for this project, payments would 26 be due with interest up until October 31st of this year. He stated the assessments period would be 27 certified to the county, and residents would have a period of ten years to pay those assessments at 28 an interest rate of 5 percent. 29 30 Public Works Director Lee stated there was a neighborhood reconstruction meeting on June 3rd. 31 He stated the meeting is on tape and it’s also being re-broadcasted on cable. He stated there is 32 also a preconstruction meeting on June 21st. He stated that at that time they’ll be meeting with 33 the contractor and getting a lot more information on the project in terms of start dates and the 34 general plan from Hard Drives. He stated notice would be sent to residents the week of June 21st 35 informing them of the overall plan. He stated they anticipate a June 22nd construction start date. 36 He stated he didn’t anticipate them starting to rip up the streets until after July 4th. 37 38 Public Works Director Lee stated there had been a delay of three weeks because of issues with 39 the Rice Creek Watershed District, which have been worked out as laid out in the staff report. 40 One of the issues included a change order to add in water quality items. 41 42 Public Works Director Lee stated the requested action from the City Council would be to hold 43 the assessment hearing, to award the base bid, to award Bid Alternates 1 and 2, and to adopt a 44 special assessment levy. 45 Mounds View City Council June 14, 2004 Regular Meeting Page 7 Mayor Linke opened the public hearing. 1 2 Lisa Sundae, 7850 Groveland Road, stated she didn’t want a sidewalk and couldn’t afford a 3 sidewalk, and stated a petition had been signed by all the residents on Groveland stating they 4 were against the sidewalk. 5 6 Mayor Linke stated the sidewalk would be part of the City’s trail system. 7 8 Council Member Marty stated the city streets are falling apart because the homeowners had 9 previously voted not to do anything, and unless some action is taken, the whole city is going to 10 look run down. He stated they had to make some hard decisions for the betterment of the entire 11 city. 12 13 Heidi Neumann, 7770 Groveland Road, stated she disagreed with building the sidewalk on 14 Groveland because of safety issues with children potentially crossing the highway at the end of 15 the sidewalk and because the City has not defined how the additional maintenance costs for the 16 sidewalk would be budgeted. 17 18 Public Works Director Lee stated it would cost approximately $320 annually for maintenance of 19 the sidewalk. He stated they would take every step available to try to prevent pedestrians from 20 crossing the highway. 21 22 Council Member Marty stated he was concerned that children would cross Highway 10 at the end 23 of Groveland if a sidewalk were put in, and he stated that it would be better to continue the Silver 24 Lake Road sidewalk/trailway at this time to get people to a controlled intersection. 25 26 Council Member Quick stated you can’t stop people from walking where they want to walk, and 27 he didn’t feel putting the sidewalk in would really affect the amount of traffic crossing Highway 28 10 at that point. 29 30 There was a general discussion about the Groveland sidewalk, and Mayor Linke stated it would 31 be cheaper to put the sidewalk in while the construction people are in the area already. Ms. 32 Neumann again stated the safety concerns. 33 34 Rick Wyatt, 7515 Knollwood Drive, stated his opinion that the sidewalk is not necessary. He 35 asked a question regarding the mailboxes. 36 37 Mayor Linke stated the decision regarding mailboxes was made by the Post Office, who were 38 requiring grouped mailboxes be put in by the City. 39 40 Al Clelland, 3017 Bronson Drive, stated there was no need for a sidewalk on Groveland, and also 41 stated safety concerns for the children. 42 43 Mayor Linke closed the public hearing. 44 45 Mounds View City Council June 14, 2004 Regular Meeting Page 8 Following the vote on Item D, Resolution 6268, there was a discussion regarding whether or not 1 the language in the resolution was correct, and it was determined that it was correct. 2 3 MOTION/SECOND. Stigney/Marty. To waive the reading and approve Resolution 6265 as 4 presented. 5 6 Ayes-5 Nays-0 Motion carried. 7 8 D. 2003 Street Improvement Project Resolution 6268, Construction Contract 9 Award 10 11 MOTION/SECOND: Quick/Gunn. To waive the reading and adopt Resolution 6268 as 12 presented. 13 14 Council Member Marty again stated his concerns for the safety of children crossing Highway 10. 15 16 MOTION/SECOND. Stigney/Marty. To amend the prior motion to delete option number four, 17 which is Bid Alternate No. 1, to remove the sidewalk on Groveland portion of the contract. 18 19 Council Member Gunn stated she was going to go along with the amendment and felt that their 20 money was better spent on correcting Silver Lake Road. 21 22 Mayor Linke stated his support for the sidewalk on Groveland because of continuing the trail 23 system. 24 25 Mayor Linke stated they would vote on the motion to amend to delete the sidewalk on 26 Groveland. 27 28 Ayes – 3 Nays – 2(Linke/Quick) Motion carried 29 30 Mayor Linke stated they would vote on the motion to adopt Resolution 6268, with the deletion of 31 Bid Alternate No. 1 (sidewalk on Groveland). 32 33 Ayes-5 Nays-0 Motion carried. 34 35 E. Banquet Center Operations 36 37 City Clerk Ulrich stated the Banquet Center Operations is under an interim agreement with the 38 Mermaid, which expires in 2004. There is some information back at looking at other community 39 centers, but not all of it. He stated they would report back on the 28th, and at that time the 40 Council could also consider a request for a proposal to bring in a full-time caterer for the Banquet 41 Center Operations. 42 43 Mayor Linke asked Mr. Ulrich whether any action on this item needed to be taken. City Clerk 44 Ulrich stated no action was needed until the rest of the information is received. 45 Mounds View City Council June 14, 2004 Regular Meeting Page 9 No action taken. 1 2 F. Banquet Center Capital Expenditures 3 4 City Clerk Ulrich stated there are several capital expenditures being brought forward for the 5 Banquet Center, including carpet, entrance mats, water softener, new projection screen, and 6 refinishing the dance floor. He stated the carpet is in the Capital Improvement Program to be 7 replaced in 2005. He stated the Council is being asked whether to move ahead and do these 8 items at this time or wait, and staff is recommending moving forward to get bids, and then 9 bringing it back for Council action. 10 11 Council Member Marty asked whether Public Works could refinish the dance floor. 12 13 City Clerk Ulrich stated he would have to check on that. 14 15 Mayor Linke stated it takes a lot of expertise to refinish a wood floor because it could be easily 16 destroyed. 17 18 Cindy Weingardner, from the Mermaid, stated the gymnasium floor is being resurfaced this 19 summer, so perhaps the dance floor could be done at the same time for perhaps less money. 20 She commented on the poor condition of the carpet. 21 22 Mayor Linke stated the carpet needed to be replaced about four years ago. 23 24 MOTION/SECOND: Linke/Marty. To pursue getting three bids for the items needing 25 replacement at the Banquet Center. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 G. Second Reading and Adoption of Ordinance 737, an Ordinance to amend 30 Chapter 603. Garage and Rubbish, Section 603.06, sub. 2, Requirements and 31 Restrictions – ROLL CALL VOTE. 32 33 MOTION/SECOND. Gunn/Stigney. To approve the second reading and adopt Ordinance 737, 34 an Ordinance to amend Chapter 603, amended to say restricted to Wednesdays and Thursdays. 35 36 MOTION/SECOND. Linke/Marty. To postpone the vote until the public has had a chance to 37 speak. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 Cheryl Bornhorst, Sunnyside Drive, stated she was sensitive to the noise of the garbage trucks 42 and gets woke up by them. She stated she was happiest with Larry’s being her hauler, and 43 supported the adoption of Wednesdays and Thursdays for pickups. 44 45 Mounds View City Council June 14, 2004 Regular Meeting Page 10 Theresa Lexon spoke in support of Larry’s and the Wednesday/Thursday pickup schedule. 1 2 Gerald Klute, 7869 Greenwood Drive, stated there was no problem with the way the pickup is 3 handled at the present time. 4 5 Ed Trettel, 7401 Parkview Drive, read a letter he had submitted to the Council stating his 6 position that he didn’t believe any change was needed. 7 8 Dennis Hammis, 5511 Quincey, stated he didn’t want a one-day only pickup in the city because it 9 would eliminate competition. 10 11 Paul Hanzelka, 8470 Eastwood Road, stated he was in agreement with what others have said and 12 agrees with the two days of garbage pickup. 13 14 Don Rossbach, 2297 Lois Drive, stated he agreed with the Wednesday and Thursday pickup. 15 16 William Warner, 2765 Sherwood Road, stated he hoped the Council would do the right thing in 17 the spirit of community. 18 19 Ryan Markfelt, Horton Avenue, stated he would like to keep Larry as his hauler and have 20 Wednesday and Thursday pickup. 21 22 Sharon Kirscher, 8406 Red Oak Drive, stated Larry backs up her 250 foot driveway to pick up 23 her trash and it would be a hardship to lose him as her hauler. 24 25 Rick Wyatt, 7515 Knollwood, stated Larry’s trucks are far quieter than the others and suggested 26 having the pickup time begin later in the morning. He stated he didn’t think anything else needed 27 to be changed. 28 29 Steven Merk, 5065 Sunnyside Road, stated he was for one day pickup because he works the third 30 shift and gets woke up by the garbage trucks. 31 32 Larry ___, of Larry’s Quality Sanitation, gave an overview of his family business, and stated he 33 needs to pick up the garbage on Wednesdays in Mounds View. 34 35 Naja Werner commented on a quote from the June 2nd article in the New Brighton Bulletin in 36 reference to something Council Member Quick had said that she said disturbed her. 37 38 Dave Yankey, 8428 Eastwood Road, stated one of the garbage companies is connected with the 39 mob. 40 41 Mayor Linke thanked everyone for coming. Council Member Marty thanked everyone for their 42 calls. He stated this was something he was trying to get passed because he had had calls from 43 residents who worked the third shift who were being woken up by garbage trucks. 44 45 Mounds View City Council June 14, 2004 Regular Meeting Page 11 There was a discussion regarding having a single source provider pick up recycling. Public 1 Works Director Lee stated staff could put together a proposal for that. Mayor Linke suggested 2 putting it on for a work session. 3 4 Council Member Quick stated the statement referenced by Naja Werner was taken out of context. 5 6 Council Member Stigney stated he had had 41 voice mail messages that indicated to him strong 7 support for not driving Larry’s out of the community. 8 9 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn 10 11 Ayes-5 Nays-0 Motion carried. 12 13 H. First Reading of Ordinance 741, an Ordinance to amend Title 400 of the City 14 Code regarding the Appointment and Terms of the Planning and Zoning 15 Commission, Police Civil Service Commission, Economic Development 16 Commission and the Parks and Recreation Commission. 17 18 Mayor Linke stated the part regarding the Police Civil Service Commission, should read that 19 each member shall be appointed by the City Council, and to scratch, “based on recommendation 20 of the Police Civil Service Commission.” 21 22 MOTION/SECOND: Linke/Marty. To adopt the first reading of Ordinance 741, and to amend it 23 to incorporate the change, “Each member shall be appointed by the Council,” and deleting the 24 rest of the sentence. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 I. Resolution 6285 Authorizing the Submittal of a Letter to Ramsey County 29 Requesting Financial Assistance for the Silver Lake Road Sidewalk Project 30 31 Council Member Marty stated he had had a conversation with Greg and Curt to suggest adding 32 more terminology in the resolution directed toward health, safety, and welfare as there is no safe 33 way for pedestrians, elderly, or handicapped children to traverse, so that is how this came about. 34 35 Mayor Linke left the room. 36 37 Public Works Director Lee passed out a revised Resolution 6285, which added two whereas 38 clauses as follows: “Whereas, a sidewalk will promote a safe pedestrian corridor along Silver 39 Lake Road to aid in the health, safety, and welfare of the community, and, whereas, said sidewalk 40 will provide continuity of the county’s pedestrian corridor by connecting the existing system.” 41 42 MOTION/SECOND. Stigney/Gunn. To adopt revised Resolution 6285. 43 44 Ayes – 4 Nays –0 Motion carried. 45 Mounds View City Council June 14, 2004 Regular Meeting Page 12 1 Mayor Linke returned to the room. 2 3 J. Resolution 6282 Approving an Agreement to Purchase 2525 County Road 10 4 (Gas for Less) for $820,000 5 6 Economic Development Director Backman stated on April 26, 2004 the Mounds View Economic 7 Development Authority authorized staff to proceed with an appraisal of the commercial property 8 at 2525 County Road 10, known as Gas for Less. The EDA approved that an appraisal be 9 undertaken for an amount not to exceed $4,000 to be paid from the City’s EDA funds. Tisdell 10 Appraisal Services, Inc. from Burnsville was selected at a cost of $3,000, and the complete 11 appraisal was submitted to the City on May 27, 2004. Mr. Tisdell places the market value of the 12 facility as $819,000. 13 14 Economic Development Director Backman stated on May 19, 2004 the Mounds View Planning 15 Commission considered and approved a resolution recommending approval of the acquisition of 16 the parcel at 2525 Highway 10. The Commissioners determined that the city’s acquisition of the 17 lot would be consistent with the Comprehensive Plan future land use map. On May 24, 2004 the 18 Mounds View City Council authorized staff to negotiate a purchase agreement to acquire the 19 commercial property at 2525 Co. Highway 10 and present the agreement to the City Council for 20 final action. 21 22 Economic Development Director Backman stated staff has contacted Twin Cities companies that 23 conduct environmental assessment activities. During the first week of June three engineering 24 companies (Peer Engineering, DPRA, and Applied Engineering) provided proposals to the City 25 to undertake Phase I and other assessment activities. Staff advises that these environmental 26 activities be completed prior to the proposed closing on the property on June 30, 2004. 27 28 Economic Development Director Backman stated that staff recommends that the Mounds View 29 City Council adopt Resolution 6282 that authorizes staff to enter into a purchase agreement for 30 $820,000 with Calhoun Companies to acquire the commercial property known as Gas for Less 31 located at 2525 County Highway 10. Staff further recommends that the City of Mounds View 32 approve a Phase I Environmental Assessment, tank removal cost estimate and a minimum of four 33 site borings be undertaken of the site for an amount not to exceed $7,500, and that the results are 34 submitted to the City prior to June 30, 2004. 35 36 Council Member Stigney asked whether the seller would pay the $7,500 for the borings and tank 37 estimate to reduce the cost. 38 39 Economic Development Director Backman stated he didn’t think they would agree to that. 40 41 Council Member Stigney asked if the purchase would originally come from the Special Projects 42 Fund. Economic Development Director Backman stated that it would. Council Member Stigney 43 asked if it would later be transferred and paid out of the TIF fund, and Economic Development 44 Director Backman stated that it would. He stated there are no problems in so doing. 45 Mounds View City Council June 14, 2004 Regular Meeting Page 13 1 Council Member Stigney asked what is being proposed to come in there. Economic 2 Development Director Backman stated the interest has been very good amongst the development 3 community, and he has had conversations with four parties so far. One of the choices was for a 4 restaurant. There was a discussion regarding recovering the City’s costs that were invested in the 5 project. 6 7 Sam Sheroky, stated he is relocating to Minnesota and has the other purchase agreement for this 8 property. He stated he wishes to improve the business as a gas station, and that he has a closing 9 date for the following day. He stated he has his tax sales number, his permits, and licensing, and 10 that all the preparations have been made to open the business. 11 12 MOTION/SECOND. Marty/Quick. To waive the reading and approve Resolution 6282. 13 14 There was further discussion regarding the matter wherein Mayor Linke and Council Member 15 Stigney stated they would not support the City buying the property. 16 17 Rick Wyatt stated his support for Mr. Sheroky buying the existing business, rather than the City 18 buying it and demolishing it. 19 20 Ayes –2(Marty/Quick) Nays-3 (Gunn/Linke/Stigney) Motion failed. 21 22 K. Resolution 6235 Approving a Gasoline and Tobacco License for Gas for Less 23 located at 2525 Highway 10 24 25 MOTION/SECOND. Marty/Stigney. To approve Resolution 6235. 26 27 Ayes-5 Nays-0 Motion carried. 28 29 L. 800 MHz Communications System 30 31 Police Chief Sommer stated the entire project is estimated at $35.65 million. He stated the 32 Ramsey County Board of Commissioners has acted to implement the 800 MHz Communications 33 System in Ramsey County, and that Anoka and Hennepin Counties have gone to that system, as 34 well as other counties. He stated the Minnesota Highway Patrol is on the system. He stated there 35 has been a communication problem in emergency situations, and this system will eliminate that. 36 37 Police Chief Sommer stated the project is moving forward, and the cost to the City of Mounds 38 View has not yet been determined. He stating dispatching services are currently contracted 39 through Ramsey County. He stated that staff recommends submitting a letter to Ramsey County 40 stating that we would like the current level of service to continue. 41 42 Mayor Linke and Council Member Marty stated the letter looks good, but to change the date, and 43 send it. 44 45 Mounds View City Council June 14, 2004 Regular Meeting Page 14 M. First Reading and Introduction of Ordinance No. 740 to Amend Chapter 1 907.06 Entitled “Storm Water” in the Mounds View City Code. 2 3 Public Works Director Lee stated he would like to amend Subd. 5 to be $100. 4 5 MOTION/SECOND. Gunn/Stigney. To waive the reading and approve the first reading of 6 Ordinance No. 740, with Subd. 5 amended to $100. 7 8 Ayes-5 Nays-0 Motion carried. 9 10 11. APPROVAL OF MINUTES 11 12 A. City Council Minutes May 24, 2004 13 14 MOTION/SECOND: Gunn/Stigney. To Approve the City Council Minutes for May 24, 2004. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 12. REPORTS 19 20 A. Reports of Mayor and Council. 21 22 Council Member Marty stated the Festival of the Parks Golf Tournament would be August 14th 23 and they are sending out flyers. He stated Friendly Chevrolet is going to sponsor a Hole in One 24 for a car. 25 26 Council Member Gunn stated forms are available at the Community Center for the Fun Run, with 27 a pancake breakfast following. 28 29 Mayor Linke suggested providing the Council with 11” x 17” photocopies of plan sets from now 30 on in the packets supplied to Council members. 31 32 Mayor Linke discussed being the Parade Marshal at the Spring Lake Park parade yesterday, and 33 congratulated them on a well-run festival. 34 35 B. Staff 36 37 City Clerk Ulrich stated the Administrators Digest was on their desks, and he pointed out that 38 July 22nd is the potential date for a joint meeting with Blaine and Spring Lake Park Fire 39 Departments, and they could also perhaps talk about renaming County 10 that evening. 40 41 City Clerk Ulrich stated June 17th at 6:30 there will be a meeting with MnDOT and the cities of 42 New Brighten and Arden Hills, to be held at the MnDOT Training Center off County Road I. He 43 stated the purpose of the meeting is to provide an understanding of the decisions that need to be 44 Mounds View City Council June 14, 2004 Regular Meeting Page 15 made relating to I-35W, I-694, Trunk Highway 10, and County Road 96. He stated also the 1 intersection of County Road 10 and 96 in Arden Hills would be discussed. 2 3 C. City Attorney 4 5 No report. 6 7 13. Next Council Work Session: Tuesday, July 6, 2004 8 Next Council Meeting: Monday, June 28, 2004, 6:30 p.m. 9 10 14. ADJOURNMENT 11 12 Mayor Linke adjourned the meeting at 10:47 p.m. 13 14 Transcribed and recorded by: 15 16 17 Sheree Theobald 18 Timesaver Off Site Secretarial, Inc. 19