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HomeMy WebLinkAboutAgenda Packets - 2004/07/12CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, July 12, 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 8. JUST AND CORRECT CLAIMS 9. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, July 26, 2004 at 7:05 PM to Consider a Conditional Use Permit Request for an Oversized Garage at 7806 Gloria Circle C. Resolution 6300 Rescinding Resolution No. 6203 and Authorizing the Preparation of a Request For Proposal (RFP) for Work Associated with Preparing a Site Plan, Construction Plans, and Specifications for the Groveland Park Building Replacement Project D. Resolution 6303 Approving 2004-2005 Labor Agreement with AFSCME E. Set a Public Hearing for Monday, July 26, 2004 at 7:10 PM to Consider the Second Reading and Adoption of an Ordinance to Vacate Easements Associated with the CVS Development at 2800 County Road 10 F. Set a Public Hearing for Monday, August 9, 2004 at 7:05 PM to Consider the First Reading and Introduction of an Ordinance to Adopt the Long Range Financial Plan for 2004. 10. COUNCIL BUSINESS A. Presentation by MMKR of the 2003 Annual Financial Report and Resolution 6305 Accepting the Annual Financial Report for the Year Ending December 31, 2003. B. Resolution 6301 Holding a Public Improvement Hearing, Ordering the Project, Approving Plans and Specifications, and Setting a Bid Date for the Mounds View Manufactured Home Community Second Access Project. C. Consider a Request from 2300 Laport Drive Regarding Use of City Property D. Appoint Council Representatives to I-35W Visioning Task Force E. Introduction and First Reading of Ordinance 744, an Ordinance Vacating Easements Associated with the CVS Development at 2800 County Road 10 F. Consider Revised Lease Agreement for the Twin Cities North Chamber of Commerce and the Mermaid Entertainment and Event Center G. Trunk Highway 10 Noise Wall / Berm Project: Resolution 6302 Authorizing the Preparation of Final Plans and Specifications, and Submittal of a Letter to Mn/DOT Requesting the Installation of a Noise Abatement Wall in the Arden Park Area H. First Reading and Introduction of Ordinance 745, an Ordinance Amending Chapter 1204 Relating to Park Dedications City Council Agenda July 12, 2004 Page 2 I. County Road H Sidewalk Project, Change Order No. 1 - Resolution No. 6304 Authorizing the Installation of Concrete Curb along the North Side of County Road H 11. APPROVAL OF MINUTES A. City Council Minutes June 28, 2004 12. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 1. Report on Innovative Images Contract Issue 13. Next Council Work Session: Monday, August 2, 2004 Special Joint Council Meeting: Thursday, July 22, 2004 at Blaine City Hall, 6:00pm Next Council Meeting: Monday, July 26, 2004 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. Czars of Tar – Asphalt – New Practical Systems – HVAC – New Sela Roofing – General (Commercial) – New Sharp Heating & Air Conditioning – HVAC – Renewal Signcrafters – Sign – New Staff Recommendation: Approve license applications as requested. Respectfully submitted, Barbara Benesch Item No. 9C Meeting Date: July 12, 2004 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 6300 Rescinding Resolution No. 6203 and Authorizing the Preparation of a Request For Proposal (RFP) for Work Associated with the Preparation of a Site Plan, Construction Plans, and Specifications for the Groveland Park Building Replacement Project Background: On May 10, 2004 the City Council approved Resolution No. 6203 which authorized the preparation of a site plan, construction plans, specifications, and consultant selection for the Groveland Park Building Replacement Project. In addition, the City Council authorized “the execution of a letter of agreement with TKDA for the preparation of the site plans, construction plans, specifications, and any other planning phase aspects of this project”. On June 21, 2004, the City’s engineering firm of TKDA submitted a Letter of Agreement with a list of the scope of work to be provided. On June 28, 2004, Staff presented Resolution No. 6292 approving and authorizing the execution of a Letter of Agreement with TKDA for the Groveland Park Building Replacement Project. The estimated cost of the proposed work was $19,600. Discussion: At the June 28, 2004 City Council meeting, the Council voiced an objection to the estimated costs submitted by TKDA for the proposed work for the Groveland Park Building replacement plans. The City Council did not approve Resolution No. 6292 and gave Staff direction to publish a Request For Proposal (RFP) for other engineering and architectural firms. Since Resolution No. 6203 authorized the preparation of a site plan, construction plans, specifications, and selected TKDA as the consultant for the Groveland Park Shelter Building Replacement Project, this Resolution will need to be rescinded. Recommendation: It is recommended the City Council approve a resolution to rescind Resolution No. 6203 and authorize the preparation of a Request For Proposal (RFP) for work associated with the preparation of a site plan, construction plans, and specifications for the Groveland Park Building Replacement Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6300 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESCINDING RESOLUTION NO. 6203 AND AUTHORIZING THE PREPARATION OF A REQUEST FOR PROPOSAL (RFP) FOR WORK ASSOCIATED WITH THE PREPARATION OF A SITE PLAN, CONSTRUCTION PLANS, AND SPECIFICATIONS FOR THE GROVELAND PARK BUILDING REPLACEMENT PROJECT WHEREAS, on May 10, 2004 the City Council approved Resolution No. 6203 which authorized the preparation of a site plan, construction plans, specifications, and consultant selection for the Groveland Park Building Replacement Project; and WHEREAS, in addition, the City Council authorized “the execution of a letter of agreement with TKDA for the preparation of the site plans, construction plans, specifications, and any other planning phase aspects of this project”; and WHEREAS, on June 21, 2004, the City’s engineering firm of TKDA submitted a Letter of Agreement with a list of the scope of work to be provided; and WHEREAS, at the June 28, 2004 City Council meeting, the Council voiced an objection to the estimated costs submitted by TKDA for the proposed work for the Groveland Park Building replacement plans; and WHEREAS, the City Council did not approve Resolution No. 6292 and gave Staff direction to publish a Request For Proposal (RFP) for other engineering and architectural firms. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Rescinds Resolution No. 6203 in its entirety. 2. Authorizes and direct Staff to develop a request for proposal (RFP) for work associated with the preparation of a site plan, construction plans, and specifications for the Groveland Park Building Replacement Project. Adopted this 12th day of July 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 9D Meeting Date: 7/12/04 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 6303 Approving 2004-2005 Labor Agreement with AFSCME Background: The AFSCME Union, Local 2826 and the City have been working on a 2004-2005 contract since late in 2003. Numerous meetings have been held with the union, most recently with a professional mediator from the state Bureau of Mediation Services (BMS). The AFSCME membership approved the revised contract provisions at a meeting on June 30, 2004. The contract items are consistent with the Council’s position established at the June 14, 2004 work session. Discussion: The revised contract includes the following provisions: 1. Wages and Insurance are to be increased 1.0% January 1, 2004 plus an additional 1.0% July 1, 2004, 2.5% January 1, 2005 and 0.5% July 1, 2005. 2. Insurance: The 2004 Employer Contribution will be $613.30 for family coverage and $672.30 for 2005. The employer will provide an additional $10 per month/per employee if the increase in family premium reaches or exceeds 15%. 3. Letter of Understanding: The employer agrees to pay Basic Medicare Select Senior Gold Plan premium up to the regular employee benefit amount for Marge Norquist as to be outlined in a letter of understanding between the City and AFSCME. The City Attorney has recommended this method. If during the duration of this contract, the City of Mounds View approves an agreement with any other employee bargaining group that exceed the health insurance amounts offered by this contract, then effective 1/1/2004, the EMPLOYER will match such amounts for EMPLOYEES covered under this contract. Contracts with employee groups that are subject to arbitration are excluded. 4. Uniform Allowance: The uniform allowance will be set at $310 for 2004 and $320 for 2005. The Public Safety Officer will be added to the uniform allowance section. 5. Classifications, Salaries, and Stanton 2004 wage rates reflect implementation of a compensation study completed by Labor Relations, Inc. in February of 2003. Wage adjustments were given to any position, which fell 10% above or below the Stanton Group Mean in order to bring them to within 10% of the Stanton Group Mean, above or below. Wage ranges for those falling above the 10% level will be frozen until such time they come within 10% of the market. 6. A Compensatory Time section has been added which includes provisions that an employee may not use more than 80 hours of compensatory time per year and that the maximum total accrued compensatory time shall not exceed 50 hours per employee. 7. The classifications of Information Services Engineer and Administrative Assistant to the Administrator will be removed from the contract. 8. The classifications of Public Safety Officer (PSO) and Receptionist will be added to the contract. 9. The 12 Holidays included in the current contract is changed to 11 in 2004 by changing New Year’s and Christmas Eve Holidays to one floater in 2004, then in 2005 return to the current contract language of 12 holidays. 10. The agreement will be effective for two years, from January 1, 2004 until the 31st day of December 2005. Staff has been directed to bring forward similar compensatory time language as proposed in this contract for an amendment to the City’s Personnel Policy. The proposed contract is consistent with the recent approval of the non-union wage and benefit provisions recently approved by the Council. Recommendation: It is recommended that the City Council approve the attached Resolution 6303 approving the 2003-2004 contract for the AFSCME Union. Respectfully submitted, Kurt Ulrich, City Administrator RESOLUTION 6303 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE 2004-2005 LABOR AGREEMENT WITH AFSCME UNION LOCAL 2826 WHEREAS, the City Council does hereby ratify the AFSCME Union, Local 2826 Bargaining Unit Contract for 2004 and 2005, with the following amendments: 1. Wages and Insurance are to be increased 1.0% January 1, 2004 plus an additional 1.0% July 1, 2004, 2.5% January 1, 2005 and 0.5% July 1, 2005. 2. Insurance: The 2004 Employer Contribution will be $613.30 for family coverage and $672.30 for 2005. The employer will provide an additional $10 per month/per employee if the increase in family premium reaches or exceeds 15%. 3. Letter of Understanding: The employer agrees to pay Basic Medicare Select Senior Gold Plan premium up to the regular employee benefit amount for Marge Norquist as to be outlined in a letter of understanding between the City and AFSCME. The City Attorney has recommended this method. If during the duration of this contract, the City of Mounds View approves an agreement with any other employee bargaining group that exceed the health insurance amounts offered by this contract, then effective 1/1/2004, the EMPLOYER will match such amounts for EMPLOYEES covered under this contract. Contracts with employee groups that are subject to arbitration are excluded. 4. Uniform Allowance: The uniform allowance will be set at $310 for 2004 and $320 for 2005. The Public Safety Officer will be added to the uniform allowance section. 5. Classifications, Salaries, and Stanton 2004 wage rates reflect implementation of a compensation study completed by Labor Relations, Inc. in February of 2003. Wage adjustments were given to any position, which fell 10% above or below the Stanton Group Mean in order to bring them to within 10% of the Stanton Group Mean, above or below. Wage ranges for those falling above the 10% level will be frozen until such time they come within 10% of the market. 6. A Compensatory Time section has been added which includes provisions that an employee may not use more than 80 hours of compensatory time per year and that the maximum total accrued compensatory time shall not exceed 50 hours per employee. Resolution 6303 Monday, July 12, 2004 Page 2 7. The classifications of Information Services Engineer and Administrative Assistant to the Administrator will be removed from the contract. 8. The classifications of Public Safety Officer (PSO) and Receptionist will be added to the contract. 9. The 12 Holidays included in the current contract is changed to 11 in 2004 by changing New Year’s and Christmas Eve Holidays to one floater in 2004, then in 2005 return to the current contract language of 12 holidays. 10. The agreement will be effective for two years, from January 1, 2004 until the 31st day of December 2005; and WHEREAS, the City Council has traditionally awarded the same cost of living increase and health insurance contribution to all employee groups in order to maintain internal equity; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify the AFSCME Union, Local 2826 effective for two years from January 1, 2004 until the 31st day of December 2005. Adopted this 12th day of July, 2004. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich City Clerk / Administrator (SEAL) Item No: 10C Meeting Date: July 12, 2004 Type of Business: Council Business Administrator Review : ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Consideration of Request from Property Owner of 2300 Laport Drive to Use City Right-of-Way for Gardening Purposes Introduction: Cha Yang, property owner of 2300 Laport Drive, has planted a vegetable garden across the street from his home on City right-of-way. Mr. Yang has requested that the City allow him to continue to use the property for gardening purposes. Discussion: Jeremiah Anderson, Housing/Code Enforcement Inspector, informed Mr. Yang that the garden is located in City right-of-way. On June 22, 2004, Staff received a letter from Mr. Yang requesting that the City allow him to continue to use the right-of-way for gardening. Mr. Yang informed Staff that his Grandmother gardens as a hobby and has planted a garden on the property across the street from his home. In his written request to the City, Mr. Yang stated, “I realize that the land belongs to the City of Mounds View, and I do not intend to claim the land whatsoever.” (See attached letter.) The garden is located on the north and east side of the right-of-way of the intersection of Jackson Drive and Laport Drive (see attached map). There are two sections of garden, one is approximately 80’ wide and 10’ deep and the other is 15’ wide and 10’ deep. They are placed directly along side of the road. Photographs of the garden are attached to this report. Recommendation: Discuss the request and direct Staff on how to proceed. If the Council does not wish to allow Mr. Yang to continue gardening in City right-of-way, Staff will inform Mr. Yang of that decision and he will need to remove the garden. If the Council chooses to allow Mr. Yang to leave the garden in the right-of-way, the City Attorney recommends entering into a Limited Use Agreement, which would allow the City to end the agreement at anytime, if needed. It should be noted that allowing Mr. Yang to continue gardening in the right-of-way could set a precedent and open the doors for similar uses in City right-of-way. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Written Request 2. Location Map 3. Photographic Documentation Location Map Laport Drive Jackson Drive Shaded area represents garden Photographic Documentation Item No: 10D Meeting Date: July 12, 2004 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Mounds View City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Appoint Council Representatives to the I-35W Visioning Task Force Introduction: Mn/DOT is beginning a visioning process to plan for potential future changes to Interstate 35W; specifically for the closing and improving of some of the Interstate 35W interchanges between Interstate 694 and State Highway 10. Mn/DOT has expressed a desire to include the Cities that are directly affected by the potential changes in the planning process. Discussion: Council Member Gunn and I attended a Joint Council Work Session for the cities of Mounds View, Arden Hills and New Brighton, at which Mn/DOT began explaining some of the potential changes to Interstate 35W. The improvements that were discussed at the Joint Council Work Session would not occur for many years, if ever, but it is important that the Cities affected by the changes be included early in the planning process. Before the close of the meeting, it was determined that for future planning meetings it may be best to form a task force made up of Council Members and a Staff Member from each City. It was mentioned that the Task Force could be comprised of two Council Representatives and one Staff Representative from Mounds View, Arden Hills and New Brighton. In addition, the City of Shoreview was invited to join the Task Force and it was suggested at the June 28, 2004 Mounds View City Council meeting that the City of Spring Lake Park be invited also. Recommendation: Appoint two members of the Council to represent Mounds View on the Task Force. Respectfully submitted, Kristin Prososki Planning Associate Item No. 10G Meeting Date: July 12, 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: Trunk Highway 10 Noise Wall / Berm Project Resolution No. 6302 Authorizing the Preparation of Final Plans and Specifications, and Submittal of a letter to Mn/DOT Requesting the Installation of a Noise Abatement Wall in the Arden Park Area Background: On June 7, 2004, Ulteig Engineers presented a draft report which had draft designs and cost estimates for Phase One of the Trunk Highway 10 Noise Wall / Berm Project. Phase One starts in Arden Park where the existing wall terminates and runs easterly past the LaPort Neighborhood to Jackson Drive. Phase one is then broken down into three segments: Segment "A", the area adjacent to Arden Park, Segment "B", the wetland area east of Arden Park and west of the LaPort Neighborhood, and finally Segment "C", the LaPort Neighborhood. For segment "A", the report called for extending the existing wall approximately 432 feet to the east and then tying it into a berm - at an estimated cost of $213,758.05. For segment "B", the report called for a berm - at an estimated cost of $89,177.00. For segment "C", the report called for a 15-foot high wall - at an estimated cost of $347,690.20. These were “construction costs” only and did not include engineering, administration, staff, and landscaping costs. At the June 7th Work Session, Staff stated that if these construction costs were adjusted to reflect estimated total costs, that segment A would be equal to or greater than $300,000 - the amount promised to the City by Mn/DOT. Given this, Staff recommended that the City contact Mn/DOT and demand that they install the wall through the Arden Park area (Segment A) as they were originally required to do. The City Council then focused on the cost of constructing a wall through the LaPort Neighborhood (Segment C). This was estimated to be $400,000 after adding in engineering and other costs. Based on this amount, the City Council questioned what impacts this expenditure would have on the City finances. On July 6, 2004, Staff presented two options for Segment A. The option of extending the wall and not impacting the pond (Option 1), and the option of extending a berm and impacting the pond (Option 2). The estimated cost of Option 1 was $277,189.43 and the estimated cost of Option 2 was $267,800.60. Neither option accounted for Staff time and costs. Since the proposal for Segment “A” would be to have Staff administer and inspect the project, this cost should be factored in. The Public Works Director will need to dedicate numerous hours to perform project administration. The Public Works Supervisor will act as the on-site project foreman - again, requiring the dedication of numerous hours. It was conservatively estimated that Segment “A” will require $20,000 to $25,000 in Staff time. Given the following: 1. ) The costs of any option involving a berm in Segment “A” and a project managed by the City will be equal to the amount offered to the City by Mn/DOT. 2.) A wall will require the removal of only a couple of trees, whereas the berm option would remove over seventy (70) trees. 3.) The City will be taking on all liability for the construction and performance of a berm, whereas Mn/DOT will take on all responsibility and liability for a wall. Staff continued to recommend that the City require Mn/DOT to construct a noise wall through segment “A”. On July 6, 2004 Staff presented new cost estimates that included engineering and other factors. These cost estimates were: For segment "A", estimated total cost (excluding Staff costs) is $277,189.43 for a wall / berm combination or $267,800.60 for a berm only. Including Staff time both options would be equal to or exceed $300,000. For segment "B", estimated total cost $127,669.50. For segment "C", estimated total cost $426,710.70. Finally, on July 6, 2004, Staff provided a cost comparison to a residential street project. The comparison concluded that assuming Municipal State Aid Funds and bonding are used as funding sources. The City Council would have two choices:  Provide 66 residential properties with new streets, which includes concrete curb and gutter, concrete driveway apron, and upgrade all utilities such as water, sanitary and storm sewer. This upgrade should last over the next 40 years.  Provide the LaPort Neighborhood with a Noise Wall several years sooner than Mn/DOT’s schedule. There are nine (9) properties on the north side of LaPort Avenue, four (4) of which have frontage to Trunk Highway 10, and fourteen (14) properties on the southside of LaPort Avenue. (15 properties in the LaPort Neighborhood are closer than the closest property on Long Lake Road that was owed noise protection by Mn/DOT but still has not received it). Discussion: At the July 6, 2004 Council Work Session, the City Council gave Staff direction to proceed with the preparation of final plans and specifications for the berm in Segment B (wetland berm area) and a noise abatement wall in Segment C (the LaPort Neighborhood). The City Council also gave Staff direction to proceed with the submittal of a letter to Mn/DOT, requesting the installation of a noise abatement wall in Segment A (the Arden Park Area). Recommendation: It is recommended that the City Council adopt a resolution authorizing the preparation of final plans and specifications for Segment B (wetland berm area) and C (the LaPort Neighborhood) of the Trunk Highway 10 Noise Wall / Berm Project. It is also recommended that City Council adopt a resolution directing Staff to submit a letter to Mn/DOT requesting the installation of a noise abatement wall in the Arden Park area. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6302 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZE PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR THE TRUNK HIGHWAY 10 NOISE WALL / BERM PROJECT AND DIRECT STAFF TO SUBMIT A LETTER TO MN/DOT REQUESTING THE INSTALLATION OF A NOISE ABATEMENT WALL IN THE ARDEN PARK AREA WHEREAS, at the July, 5, 2004 Council Work Session, the City Council gave Staff direction to proceed with the preparation of final plans and specifications for the berm in Segment B (wetland berm area) and a noise abatement wall in Segment C (the LaPort Neighborhood); and WHEREAS, the City Council also gave Staff direction to proceed with the submittal of a letter to Mn/DOT, requesting the installation of a noise abatement wall in Segment A (the Arden Park Area). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The preparation of the final construction plans and specifications for Segment B (wetland berm area) and Segment C (the LaPort Neighborhood) of the Trunk Highway 10 Noise Wall / Berm Project is hereby authorized. 2. Staff is hereby directed to draft a letter and submit it to Mn/DOT requesting the installation of a noise abatement wall in the Arden Park area. 3. The Mayor and City Administrator shall execute said letter. Adopted this 12th day of July 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 10H Meeting Date: July 12, 2004 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: First Reading and Introduction of Ordinance 745, an Ordinance Amending Chapter 1204 Relating to Park Dedications Introduction: On April 12 and June 7 of this year, the City Council reviewed and discussed the City Code relating to Park Dedications. It was determined that the language should be revised and the City Attorney was asked to draft an opinion as to any necessary changes. The attorney’s opinion and a draft ordinance were presented to the City Council for consideration. No changes have been made to the ordinance presented on June 7, 2004. Discussion: The proposed amendments to the park dedication requirements take into account recent changes in Minnesota Statutes as well as recent court decisions and past case law. Other revisions make the language more clear and straightforward. In summary, the changes are intended to ensure that Mounds View’s requirements are reasonably related to the nature and extent of a requested subdivision. In the original wording, there is a breakdown of dedication requirements for Residential, Commercial and Industrial lands. The new language no longer differentiates between the land uses although the specific land use can be taken into consideration as a determining factor in the final dedication amount. Also removed is the 5% - 10% dedication requirement for lands less than and greater than one acre, respectively. The existing language requires a ten percent dedication without any consideration as to the “reasonableness” of the dedication. The new language provides for some flexibility with a dedication fee of up to ten percent of the fair market value of the land. Finally, a new subdivision has been added that outlines the subdivider’s right to appeal the dedication amount to district court as prescribed by state law. Recommendation: Approve the first reading and introduction of Ordinance 745. The second reading and adoption has been scheduled for July 26, 2004 assuming no additional changes or information will be needed. Respectfully submitted, ________________________ James Ericson Community Development Director ORDINANCE NO. 745 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1200, CHAPTER 1204 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO PARK DEDICATION FEES. THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 1204.02, subd. 1(a) of the Mounds View Municipal Code is amended with additions underlined and deletions stricken, to read: Subd. 1. Dedication Required. a. Pursuant to Minnesota Statutes 462.358, in all subdivisions to be developed for residential, commercial, industrial or other uses or as a planned development which includes residential, commercial and industrial uses or any combination thereof, a subdivider shall dedicate a reasonable portion of each proposed subdivision shall be dedicated to the public for public use as parks, playgrounds, public open space, wetlands or storm water holding areas or ponds or, at the option of the Municipality and at its sole discretion, that the subdivider shall contribute an equivalent amount in cash based on the fair market value of the undeveloped land. Section 2. Section 1204.02, subd. 1(c) of the Mounds View Municipal Code is amended with additions underlined and deletions stricken, to read: Subd. 1. Dedication Required. c. The Municipality, at its sole discretion, may take into consideration the open space, park, recreational or common areas and facilities which the subdivider has provided reserved for the exclusive use of the residents of the subdivision; except, that storm water holding areas or ponds, whether required by the Municipality or any other regulatory body, may not be taken into consideration. Section 3. Section 1204.02, subd. 4 of the Mounds View Municipal Code is amended with additions underlined and deletions stricken, to read: Subd. 4. Dedication of Residential Lands Amount: The subdivider of any tract of land which is to be developed for residential uses A reasonable portion of the land of any proposed subdivision or its equivalent in cash shall be dedicated by the subdivider to the public for public use. as parks, playgrounds, public open spaces or storm water holding areas or ponds, that dollar value of the tract to be subdivided, which corresponds with the applicable size of the subdivision in the following schedule: Ordinance 745 Page 2 Cash Dedication Subdivision Size Per Acre Residential uses on parcel(s) with a 5% of market Total area of less than on acre value of land Residential uses on parcels(s) with a 10% of market Total area of one or greater value of land Up to ten percent (10%) of the land of the proposed subdivision or its equivalent in cash based on the fair market value shall constitute a reasonable portion for dedication purposes under this Section. The exact portion of land or its equivalent amount in cash shall be established by the Municipality based on the following factors: • Type of the proposed subdivision land use: residential, industrial or commercial; • The need for open space generated by the proposed subdivision; • Existence of land dedicated for public use within the proposed subdivision, excluding areas reserved as storm water holding ponds; • Fair market value of the land; • Other relevant factors unique to a particular subdivision supporting the need for dedication of lands for public use. An equivalent amount in cash from the applicant for part or the entire portion required to be dedicated is due no later than at the time of final approval of the proposed subdivision. Section 4. Section 1204.02, subd. 5 of the Mounds View Municipal Code is repealed. Section 5. Section 1204.02, subd. 6 of the Mounds View Municipal Code is amended to read: Subd. 6 5. Dedication for Re-Subdivision: For any subdivision of a parcel on which a cash dedication for parks has previously been made but on which an additional cash dedication is required due to re-subdivision, the amount of cash dedication required on the re- subdivision parcel(s) to be developed for residential uses shall be based on the market value of the land at the time of re-subdivision based on the schedule and the factors set forth in subdivision 4 under this Section less any applicable credit for the prior cash dedication. The amount of cash dedication required on the re-subdivided parcel(s) to be developed for commercial or industrial uses shall be based on ten-percent (10%) of the market value of the land at the time of re-subdivision less any applicable credit for the prior cash dedication. Ordinance 745 Page 3 Section 6. Section 1204.02 is amended by adding a subdivision to read: Subd. 6. Right of Appeal. Pursuant to Minnesota Statutes sections 462.358 and 462.361 a subdivider may appeal the imposition of dedication fee to the district court within 60 days of the approval of the subdivision application. The subdivider must give written notice to the Municipality regarding a proposed fee dispute prior to the final decision on the proposed subdivision. Upon receiving the notice, the Municipality shall place the disputed fee amount in an escrow and shall continue processing the subdivision application as if the fee had been paid. The Municipality will not condition the approval of any proposed subdivision on the subdivider’s waiver of the right to challenge the dedication fee. If the subdivider fails to appeal the dedication fee within 60 days of the subdivision approval, or if the subdivider does not prevail on the appeal, the funds paid into escrow will be transferred to the Municipality. Section 7. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this 12th day of July, 2004. Read and passed by the City Council of the City of Mounds View this 26th day of July, 2004. Jerry Linke, Mayor ATTEST: ______________________________ Kurt Ulrich, Clerk / Administrator (SEAL) APPROVED AS TO FORM: __________________________________ City Attorney PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 June 28, 2004 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 Monday, June 28, 2004 City Council Agenda. 20 21 City Clerk/Administrator Ulrich requested to add a fire subdivision item to 10H. 22 23 MOTION/SECOND: Stigney/Marty. To Approve the Monday, June 28, 2004 Agenda as 24 amended. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 None. 31 32 6. CITY BUDGET QUESTIONS AND COMMENTS 33 34 None. 35 36 7. SPECIAL ORDER OF BUSINESS 37 38 A. Mayor’s Proclamation Recognizing Participants in the 2004 Minnesota 39 Technology Education Association Supermile Challenge. 40 41 Mayor Linke read a Proclamation which congratulated Mounds View students for winning first 42 place out of 94 competitors in the 2004 Minnesota Technology Education Association Supermile 43 Challenge competition in Brainerd. He stated each of the students involved would receive a 44 copy of the Proclamation. 45 Mounds View City Council June 28, 2004 Regular Meeting Page 2 B. Senator Betzold and Representative Bernardy to Address the City Council 1 Regarding the Legislative Session. 2 3 Senator Betzold and Representative Bernardy gave an overview of the legislation that did and did 4 not pass during the session. 5 6 Mayor Linke stated a citizen had complained to him that schools did not notify parents when they 7 became aware of a sex offender moving into their neighborhood and asked whether there was a 8 reason why schools could not do so. 9 10 Representative Bernardy stated she would check into it, but she didn’t know of any reason why 11 the schools couldn’t notify parents of an upcoming public meeting. She also stated it was the 12 province of the police department to notify citizens that a sex offender was moving into the 13 community. 14 15 8. JUST AND CORRECT CLAIMS. 16 17 Council Member Marty inquired whether the third item from the bottom of page 10 was the final 18 bill. 19 20 City Attorney Riggs stated there has been no appeal filed as of yet, so if everything moves 21 forward, it was his hope the City should be properly dismissed from that the matter. 22 23 MOTION/SECOND: Marty/Stigney. To approve Just and Correct Claims as presented. 24 25 Ayes-5 Nays-0 Motion carried 26 27 9. CONSENT AGENDA 28 29 A. Licenses for Approval 30 B. Resolution 6261 Providing for the Competitive Negotiated Sale of $2,245,000 31 General Obligation Improvement Bonds, Series 2004A, for the 2003 Street 32 Improvement Project. 33 C. Resolution 6277 Approving the 2004 Business Licenses. 34 D. Resolution Approving Intent to Eliminate School Coordinator Funding from 35 2005 Budget. 36 E. Resolution 6290 Setting an Executive Session for July 12, 2004, at 6:00 P.M. 37 to Review The Water Vulnerability Assessment Study. 38 F. Resolution 6295 Approving a Contract with Springsted, Inc. for Continuing 39 Disclosure and Arbitrage Rebate Services for the G.O. Improvement Bonds, 40 Series 2004A. 41 G. Establish a Special Joint City Council Meeting for Thursday, July 22, 2004, 42 6:00 p.m., at Blaine City Hall, to discuss Issues of Mutual Concern, Including 43 Joint Fire Department Capital Equipment/Building Needs. 44 Mounds View City Council June 28, 2004 Regular Meeting Page 3 H. Resolution 6288 Approving Intent to Eliminate funding a New Brighton 1 Police School Resource Officer at Irondale High School from the 2005 2 budget. 3 I. Resolution 6291 Awarding a Contract for the Saw and Seal associated with 4 the County Road H2 Street Improvement Project. 5 J. Resolution 6292 Approving and Authorizing the Execution of a Letter 6 Agreement with TKDA for the Groveland Park Building Replacement 7 Project. 8 9 Council Member Gunn requested to have Items D and H removed. 10 11 Council Member Marty requested to have Items I and J removed. 12 13 MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Items A, B, C, E, F, and G. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 C. Resolution Approving Intent to Eliminate School Coordinator Funding from 18 2005 Budget. 19 20 Council Member Gunn stated in 2000-2001 this was over $8,000. In 2001-2002, it was $7,500. 21 In 2002-2003 it was a little over $7,000. In 2003, it was $7,500. For half of 2004 it was 22 $4,812.50. 23 24 MOTION/SECOND: Gunn/Marty. To approve the Resolution Approving Intent to Eliminate 25 School Coordinator Funding from the 2005 Budget. 26 27 City Clerk/Administrator Ulrich stated the City would still continue to pay school coordinator 28 fees when they did use the school facilities. This action would just eliminate that portion where 29 the City is not using the facilities at all. 30 31 Ayes-5 Nays-0 Motion carried. 32 33 H. Resolution 6288 Approving Intent to Eliminate funding a New Brighton Police 34 School Resource Officer at Irondale High School from the 2005 budget. 35 36 Council Member Gunn stated the Council had not discussed this item as of yet. 37 38 Police Chief Sommer stated this contract is up for renewal at this time. He stated in the past 39 approximately 20 percent of the cost of a New Brighton police officer was funded to work at 40 Irondale High School as a school resource officer. He stated the fee was approximately $12,000. 41 He stated that staff had been directed to reduce discretionary spending in the upcoming budget, 42 and that this was one of the few areas that they had that would be considered discretionary 43 spending and that is why he was presenting it to the Council for review. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 4 The Council discussed the DARE program and the school resource officer. 1 2 MOTION/SECOND. Stigney/Marty. To approve Resolution 6288 and to waive the reading. 3 4 Council Member Quick stated that having a school resource officer at the school keeps a damper 5 on the students’ activities and helps the police department keep on top of things. He stated 6 passing this resolution would be shooting themselves in the foot. He stated the school resource 7 officer nips things in the bud before they get out of hand. 8 9 Council Member Stigney stated the school resource officer would still be there whether they 10 helped to fund it or not. 11 12 Council Member Quick stated he felt it was important that they do their share. 13 14 Council Member Marty stated they were installing cameras in the hallways at Irondale. 15 16 Council Member Gunn stated she felt they needed to contribute something and suggested perhaps 17 cutting what they currently fund in half. 18 19 Council Member Marty stated he would be amenable to the suggestion of cutting their 20 contribution in half. 21 22 Mayor Linke stated if they voted against the motion, that would direct staff to work with New 23 Brighten and the school district to come up with a new figure. 24 25 Ayes-1 (Stigney) Nays-4 Motion failed. 26 27 I. Resolution 6291 Awarding a Contract for the Saw and Seal associated with 28 the County Road H2 Street Improvement Project. 29 30 Council Member Marty stated that he liked the idea that they were going to come back and fix 31 the road correctly because it had been a shoddy job. He asked when the work would commence. 32 33 Public Works Director Lee stated the milling would be a two-day operation and would 34 commence July 7th, and the paving would be a two and a half day operation. He stated notices 35 would be sent to residents along County Road H2. 36 37 Council Member Marty asked whether this would cost the residents anything. 38 39 Public Works Director Lee stated it would not cost the residents anything, and it would also not 40 cost the City anything additional. 41 42 MOTION/SECOND. Marty/Stigney. To approve Resolution 6291, Awarding a Contract for the 43 Saw and Seal associated with the County Road H2 Street Improvement Project. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 5 Ayes-5 Nays-0 Motion carried. 1 2 J. Resolution 6292 Approving and Authorizing the Execution of a Letter 3 Agreement with TKDA for the Groveland Park Building Replacement 4 Project. 5 6 Council Member Marty stated he had received calls regarding the high cost for simply a cinder 7 block building. 8 9 Council Member Stigney stated the staff report had said it was assumed the building would use 10 the same general plans as the Hillview building with some minor modification. He asked why 11 they were asking for $19,600. 12 13 Public Works Director Lee stated he had made the assumption they could use the same plans 14 over again, which was true to some degree. He stated there is going to be a lot of expense in 15 ter ms of coming up with a site plan for the building and also doing the topographic layout for the 16 building. He stated they would also be doing some minor modifications to the building, so they 17 are looking at a lot of drafting time to redo the plans. He stated t he City would not be realizing 18 the cost savings that he had thought would be the case. He pointed out that they had budgeted 19 $20,000 for this work. 20 21 Council Member Stigney asked whether they had gotten estimates from anyone else. 22 23 Public Works Director Lee stated they had not. 24 25 Council Member Stigney stated he had a problem with the cost of the project since the building 26 was almost the same as the other one. 27 28 Public Works Director Lee stated that if you took into account the inflation factor in the last 29 four years, the cost of the project could have been $23,000 - $24,000. 30 31 Mayor Linke pointed out some provisions in the contract that he found unsatisfactory, including 32 TKDA stating they were only going to provide three hard copy sets of the contract document s. 33 He stated he would like to see a list of what their principals and techs make. He stated the 34 contract states the City would be charged for reimbursables, but it doesn’t specify what the 35 reimbursables are and what those costs will be. He stated in th e general provisions for 36 architectural, where it says, ‘‘outstanding professional technical services with a cost defined as 37 amounts billed for extras, plus 10 percent,’’ he would like to see that number at 5 percent. He 38 also stated that the floppy disk they receive should be reusable for longer than 30 days. He 39 stated he would like to get estimates from others. 40 41 MOTION/SECOND. Marty/Gunn. To disapprove Resolution No. 6292. 42 43 Mayor Linke stated he would rather see a postponement of this item rather than rej ection at this 44 time to let staff go back and discuss it. 45 46 Mounds View City Council June 28, 2004 Regular Meeting Page 6 Council Member Marty withdrew his motion. Council Member Gunn agreed to the withdrawal 1 of the motion. 2 3 MOTION/SECOND. Stigney/Linke. To postpone a decision on Resolution No. 6292 to allow 4 staff to bring further information back to the Council. 5 6 Ayes-5 Nays-0 Motion carried. 7 8 10. COUNCIL BUSINESS 9 10 A. 7:00 p.m. Public Hearing to Consider Resolution 6296, Approving the 11 Modification to the Project Plan for the Mounds View Economic 12 Development Project. 13 14 Mayor Linke opened the public hearing. 15 16 There was no public comment. 17 18 Economic Development Director Backman stated the City and the EDA need to process an 19 amendment of the City’s Project Plan to incorporate revised development budgets and the 20 possibility of development/redevelopment, especially for development likely to occur along the 21 County Hwy. 10 Corridor. In addition, the Office of the State Auditor has ruled that the EDA 22 may not purchase any land utilizing tax increment funds without first having amended the Plan to 23 explicitly identify those properties it intends to acquire. The Project Plan is amended to include 24 the following estimated public improvement and development costs: Land Acquisition 25 $3,500,000; Site Improvements $1,800,000; Road Improvements $2,000,000; and Public Utilities 26 $1,800,000. These costs are anticipated to be made or incurred within the Project and financed 27 in whole or in part by tax increment or other available revenues of the EDA. The total estimated 28 costs authorized to be expended ($9,100,000) are in addition to all other authorized costs. 29 30 Economic Development Director Backman stated that Staff has created a map that identifies 211 31 parcels in the City of Mounds View that could be acquired by the EDA. The largest number of 32 parcels (93) is found in the northwest quadrant of the City. The northeast quadrant has 43 33 parcels, the southwest quadrant has 22 parcels, the southeast quadrant has 45 parcels, and the far 34 southeast quadrant has 8 parcels. From the current land use perspective, approximately 36 are 35 commercial parcels and 175 are residential parcels. Blighted residential properties and 36 underutilized residential properties are included on the map. 37 38 Economic Development Director Backman stated that Staff has been working with Ehlers & 39 Associates, the City’s TIF financial advisor, to prepare the Project Plan modification. The 40 Mounds View Planning Commission considered the Plan modification on June 16, 2004. The 41 Commission adopted Resolution 762-04 recommending to the City Council approval and 42 verifying that the modification is in compliance with the City’s Comprehensive Plan. 43 44 Economic Development Director Backman advised the Council that Staff recommends approval. 45 Mounds View City Council June 28, 2004 Regular Meeting Page 7 1 Council Member Marty stated that the amount that is listed for land acquisition appears to be 2 grossly low, and that if that is the case, then the site improvements would be low. He stated he 3 didn’t know how road improvements would be, but $3.5 million for just the business area along 4 County Highway 10 is low. 5 6 Economic Development Director Backman stated his response was that you don’t always know 7 what projects will be occurring out there, so there is going to be some variations. He stated it is 8 challenging to predict these things. He stated the TIF advisors suggested this amount. He stated 9 he would be reluctant to raise it above the $9.1 million. 10 11 Council Member Stigney stated that page 9, last paragraph, conflicts with number 5 on the actual 12 resolution. 13 14 Economic Development Director Backman stated that they’ve delineated these various parcels to 15 be included potentially to be acquired, but that doesn’t mean they are going to acquire them. He 16 stated he would like to make an addition to the resolution in at No. 1, second sentence, to say, 17 “The Project Plan Modification is in response to a settlement dated May 14, 2003, with the 18 Office of the State Auditor and Attorney General, which includes the listing of specific properties 19 authorized for acquisition.” 20 21 Economic Development Director Backman stated he had received one comment from the public, 22 and her concern was that when they do get to the projects, that they are compatible with the 23 neighborhoods that are next to them. 24 25 Mayor Linke closed the public hearing. 26 27 MOTION/SECOND. Quick/Marty. To waive the reading and approve Resolution No. 6296, 28 Resolution Adopting the Modification to the Project Plan for the Mounds View Economic 29 Development Project, with the amendment as stated by Economic Development Director 30 Backman to No. 1. 31 32 Ayes-5 Nays-0 Motion carried. 33 34 B. 7:05 p.m. Public Hearing to Consider a Variance and Conditional Use 35 Permit Request for an Oversized Garage at 2208 Lois Drive. 36 37 Mayor Linke opened the public hearing. 38 39 Planning Associate Prososki stated Michael Read is the property owner of 2208 Lois Drive, and 40 he is requesting a variance and conditional use permit for an oversized garage. She stated this 41 was brought before the Planning Commission on May 19th, and the variance was denied by the 42 Planning Commission. She stated Mr. Read was exercising his right to appeal to the Council. 43 She stated he wanted to add 26 feet on the west side of the existing garage, which would make 44 the width 48 feet, which is 13 feet in excess of what is allowed by City Code. 45 Mounds View City Council June 28, 2004 Regular Meeting Page 8 1 Planning Associate Prososki stated the applicant is wishing additional storage space, but the 2 Planning Commission did not find sufficient hardship. She stated the applicant felt the proposed 3 version was the best option rather than the alternative, both of which were shown in the report. 4 She stated the Council could deny the variance and conditional use permit, approve it, or table 5 the request. 6 7 The applicant, Michael Read, stated he is an electrical contractor and needs more room to store 8 equipment. He stated the neighbors had complained about his storing things in the yard. He 9 stated most people don’t notice his property because it is hidden by trees and hedges. He stated 10 the Watershed District had approved this. 11 12 Mayor Linke stated he agreed with the applicant that the garage wouldn’t be intrusive, but if the 13 Council approved this they would be setting a precedent for others, which they couldn’t do. He 14 stated Planning Associate Prososki had put together a very good report stating the pros and cons. 15 He stated he would have to go along with the Planning Commission’s decision. 16 17 Council Member Marty stated he agreed with Mayor Linke regarding setting a precedent by 18 approving this, and he also could not find a hardship. 19 20 Mayor Linke closed the public hearing. 21 22 MOTION/SECOND. Linke/Marty. To waive the reading and approve Resolution No. 758-04, a 23 Resolution Denying a Variance for a 48-Foot Wide Garage to Allow for a Garage Addition at 24 2208 Lois Drive. 25 26 Ayes-4 Nays-1 (Quick) Motion carried. 27 28 Mayor Linke asked Council Member Quick if he wished to comment. 29 30 Council Member Quick stated he thought what the applicant had suggested was the best 31 alternative given the situation with the ditch on his property. 32 33 C. 7:10 p.m. Public Hearing to Consider Resolution 6272, A Resolution to 34 Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor 35 located at 2840 Highway 10. 36 37 City Clerk/Administrator Ulrich stated police reports had been included for all of the licenses this 38 evening, and that there was nothing extraordinary that would give cause to deny the licenses. 39 40 Mayor Linke asked what Code corrections they were talking about. 41 42 City Clerk/Administrator Ulrich stated that was simply put in as a catchall to make sure that all 43 the properties were Code compliant prior to the issuance of the licenses. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 9 Council Member Marty asked if the licenses were the same price for each establishment. 1 2 Mayor Linke stated he thought it was based on the square footage. 3 4 City Clerk/Administrator Ulrich stated he did not know and would have to check. He stated they 5 were keeping track of the number of police calls associated with the 2:00 a.m. closing time, and 6 when a year elapses they will take a look at the Code relative to the license fees to make sure they 7 cover the police costs. 8 9 Mayor Linke closed the public hearing. 10 11 MOTION/SECOND. Gunn/Marty. To waive the reading and approve Resolution 6272, a 12 Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor 13 located at 2840 Highway 10. 14 15 Ayes-5 Nays-0 Motion carried. 16 17 D 7:15 p.m. Public hearing to Consider Resolution 6273, A Resolution to 18 Consider an Off Sale Intoxicating Liquor License Renewal for Network Liquors 19 located at 2354 West County Road H. 20 21 Mayor Linke opened the public hearing. 22 23 There were no public comments. 24 25 Mayor Linke closed the public hearing. 26 27 MOTION/SECOND: Marty/Gunn. To waive the reading and adopt Resolution 6273 as 28 presented. 29 30 Ayes –5 Nays – 0 Motion carried 31 32 E. 7:20 p.m. Public Hearing to Consider Resolution 6274, A Resolution to 33 Consider an Off Sale Intoxicating Liquor License Renewal for Jake’s Sports Café 34 located at 2400 Highway 10. 35 36 Mayor Linke opened the public hearing. 37 38 There were no public comments. 39 40 Mayor Linke closed the public hearing. 41 \ 42 MOTION/SECOND. Marty/Gunn. To waive the reading and adopt Resolution 6274 as 43 presented. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 10 Ayes-5 Nays-0 Motion carried. 1 2 F. 7:25 p.m. Public Hearing to Consider Resolution 6275, A Resolution to 3 Consider an On Sale Intoxicating Liquor License Renewal for Robert’s 4 Sports Bar and Entertainment located at 2400 County Road H2. 5 6 Mayor Linke opened the public hearing. 7 8 There were no public comments. 9 10 Mayor Linke closed the public hearing. 11 12 MOTION/SECOND: Marty/Stigney. To waive the reading and adopt Resolution 6275 as 13 presented. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 G. 7:30 p.m. Public Hearing to Consider Resolution 6276, an On Sale 18 Intoxicating Liquor License Renewal for The Mermaid located at 220 19 Highway 10. 20 21 Mayor Linke opened the public hearing. 22 23 There were no public comments. 24 25 Mayor Linke closed the public hearing. 26 27 MOTION/SECOND. Marty/Stigney. To waive the reading and approve Resolution 6276 as 28 presented. 29 30 Council Member Gunn pointed out what a difference it has made in the number of police reports 31 by closing the downstairs nightclub. 32 33 Ayes-5 Nays-0 Motion carried. 34 35 H. Consideration of Resolution 6289, Approving the Final Plat for the Hidden 36 Hollow Major Subdivision 37 1. Consideration of Resolution 6298, Approving Lot Split. 38 39 Planning Associate Prososki stated Pro Craft is requesting final plat approval for the Hidden 40 Hollow Subdivision. She stated the park dedication fee of $40,767 is required by the resolution. 41 She stated the resolution requires several other requirements to be completed prior to the City 42 signing the final plat. She stated that the Council could approve the final plat, deny it, or table it. 43 44 Mounds View City Council June 28, 2004 Regular Meeting Page 11 Mayor Linke asked whether they needed to approve the lot split prior to voting on Resolution 1 6289. 2 3 City Attorney Riggs stated that they should. 4 5 MOTION/SECOND. Marty/Gunn. To approve Resolution 6298, Approving Lot Split. 6 7 Ayes-5 Nays-0 Motion carried. 8 9 Council Member Marty asked whether they could approve Resolution 6289, or if they should 10 wait for the lot split to occur first. 11 12 City Attorney Riggs stated the Resolution they just adopted will allow the other closing to move 13 forward, and then the closing with the City will take place later. He stated it was just a title 14 matter, and he didn’t see any hindrance in adopting the other resolution. 15 16 MOTION/SECOND. Gunn/Stigney. To waive the reading and adopt Resolution 6289, 17 Approving the Final Plat for the Hidden Hollow Major Subdivision. 18 19 Ayes-5 Nays-0 Motion carried. 20 21 I. Resolution 6293, Approving the Plans and Specifications, Waive the Public 22 Improvement Hearing, Order the Project, and Set a Bids Date for the Hidden 23 Hollow Street and Utility Project. 24 25 MOTION/SECOND. Marty/Gunn. To waive the reading and to adopt Resolution 6293, 26 Approving the Plans and Specifications, Waive the Public Improvement Hearing, Order the 27 Project, and Set a Bids Date for the Hidden Hollow Street and Utility Project. 28 29 Ayes-5 – Nays –0 Motion carried. 30 31 J. Consideration of Resolution 6294, Approving the Final Plat for the CVS 32 Velmeir Addition Major Subdivision. 33 34 Planning Associate Prososki stated that the necessary changes are laid out in the report, and that 35 the corrected final plat will arrive to the City Hall tomorrow. She stated the only differences 36 were changes in the easements. She stated Staff is recommending park dedication fees of 37 $57,812.69. She stated a rezoning is also requested in conjunction with the request; however, the 38 second reading will not occur until after the final plat is recorded with Ramsey County. 39 40 Mayor Li nke asked whether the applicants would like to comment. 41 42 MOTION/SECOND. Linke/Stigney. To waive the reading and approve Resolution 6294, 43 Approving the Final Plat for the CVS Velmeir Addition Major Subdivision. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 12 Ayes-5 Nays-0 Motion carried. 1 2 K. Second Reading and Adoption of Ordinance No. 740 to Amend Chapter 3 907.06 Entitled “Storm Water” in the Mounds View City Code. ROLL 4 CALL VOTE. 5 6 Mayor Linke stated he had received a phone call from Nicole Humphrey, who stated she was ill 7 and couldn’t attend, but that she would be opposed to having anyone coming into her home to do 8 any inspections. 9 10 Planning Associate Prososki stated that staff does not go inside to inspect unless they feel there is 11 a health risk to the occupants of the home. She stated they only look at the outside of homes. 12 13 MOTION/SECOND. Quick/Gunn. To waive the reading and adopt Ordinance No. 740 to 14 Amend Chapter 706.06 Entitled “Storm Water” in the Mounds View City Code. 15 16 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn. 17 18 Ayes –5 Nays-0 Motion carried. 19 20 L. Second Reading and Adoption of Ordinance 741, an Ordinance to amend 21 title 400 of the city Code regarding the Appointment and Terms of the 22 Planning and Zoning Commission, Police Civil Service Commission, 23 Economic Development Commission and the Parks and Recreation 24 Commission. ROLL CALL VOTE. 25 26 Mayor Linke stated he didn’t know why the Council was involved with appointment the Chair 27 Person. 28 29 Council Member Quick stated they only had to ratify it, and that that is the way it’s always been. 30 31 Mayor Linke stated the sentence should read, “The City Council shall appoint a chair person.” 32 33 Council Member Gunn asked for clarification. 34 35 Mayor Linke stated the sentence should read, “Based upon recommendation of the Parks and 36 Recreation Commission, the City Council shall appoint a chair person.” He stated that would be 37 the change throughout the document; to remove the “and” and the “they”. 38 39 MOTION/SECOND. Linke/Gunn. To waive the reading and adopt Ordinance 741 as amended, 40 an Ordinance to amend title 400 of the City Code regarding the Appointment and Terms of the 41 Planning and Zoning Commission, Police Civil Service Commission, Economic Development 42 Commission, and the Parks and Recreation Commission. 43 44 ROLL CALLS: Linke/Quick/Marty/Stigney/Gunn. 45 Mounds View City Council June 28, 2004 Regular Meeting Page 13 1 Ayes-5 Nays-0 Motion carried. 2 3 M. Banquet Center Operations/Requests for Proposals. 4 5 City Clerk/Administrator Ulrich stated the item before the Council is to recommend that they go 6 out for a request for proposals to replace the interim agreement they have with the Community 7 Banquet Center Management and replace it with something for a longer period of time. He 8 stated the Mermaid has been providing catering service to the MVCC banquet facility since 9 entering into an agreement in November of 2003. This agreement is scheduled to expire at the 10 end of 2004. 11 12 City Clerk/Administrator Ulrich stated the interim agreement anticipated that sometime during 13 mid 2004 that there would be a search for a new, more permanent catering service provider. In 14 any event, the current interim agreement may be terminated with 60 days written notice by either 15 party. 16 17 City Clerk/Administrator Ulrich stated there were three options, including a private company 18 leasing the facility from the City, individual private parties lease facility/provide owner caterer, 19 or the city hires caterer/manager for the facility. He gave an overview of the experiences of New 20 Brighton, Shoreview, and Maplewood operations. 21 22 City Clerk/Administrator Ulrich stated there is a draft of a revised request for proposal included 23 in the Council packets. The new RFP is an updated version of the one issued last year. 24 Provisions have been added to increase the allocation of community time from “10 days” to “300 25 hours”, and to provide for a $1,000 earnest deposit (rather than the $10,000 deposit last year used 26 to buy out Elegant Thymes). A provision has also been added that the manager (i.e., the caterer) 27 is responsible for the payment of property taxes. 28 29 City Clerk/Administrator Ulrich stated if the Council approves, the RFP will be sent to a number 30 of qualified catering firms for their consideration. RFP submittals are to be submitted by August 31 2, 2004. A final agreement is subject to review by the City Attorney and approval by the 32 Council. 33 34 City Clerk/Administrator Ulrich stated it is recommended the Council authorize staff to solicit 35 proposals from caterers to provide service to the Mounds View Community Center banquet 36 facilities as outlined in the draft RFP. This approach would be a straight lease arrangement and 37 will provide for up to 300 hours of community space to be used free of change by local 38 community groups. 39 40 Mayor Linke stated they should find a way to cover the taxes of $12,000. 41 42 City Clerk/Administrator Ulrich stated on page 3 it is stated that whoever is operating the facility 43 will be responsible for the payment of all the property taxes during the contract period. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 14 Council Member Stigney stated on page 1, paragraph 5, they talk about the banquet center 1 including 8,000, but it also includes 4,800 square feet of community education area, including 2 three large meeting rooms, five offices, hallways, bathrooms, and separate entrance area. He 3 asked whether they couldn’t go out for RFP’s with and without this to see what the interest is and 4 what would benefit them more in marketing it themselves. 5 6 Mayor Linke stated the 4,800 number is going to have to change. 7 8 City Clerk/Administrator Ulrich stated they would revise that. 9 10 Council Member Marty stated he wondered if they should look at options 2 or 3 more closely and 11 possibly look for a caterer or a manager to manage it without leasing it to get away from the tax 12 burden. 13 14 Council Member Gunn stated that they would be responsible for the taxes, not the city. 15 16 Mayor Linke stated he thought they should send the RFP’s out to start the process, and that they 17 can always make a change. 18 19 MOTION/SECOND. Gunn/Quick. To authorize staff to send out RFP’s for option one with 20 amendment as noted. 21 22 Ayes-5 Nays-0 Motion carried. 23 24 N. Directing Staff to Develop a Revised Lease Agreement with the Twin Cities 25 North Chamber of Commerce in the Mounds View Community Center. 26 27 Economic Development Director Backman stated in December of 2003 the Mounds View City 28 Council approved the current lease agreement with the Twin Cities North Chamber of 29 Commerce. By January 1, 2004 the TCN Chamber had relocated from its offices in Fridley to 30 the Mounds View Community Center. He stated the Chamber occupies 1,263 square feet of 31 office space located in the western portion of the former Community Education area. The TCN 32 Chamber pays a gross rent of $1,160 per month to the Mermaid, the Banquet Manager and Agent 33 of the City. The Mermaid spent $10,000 on leasehold improvements to accommodate the 34 Chamber. These included replacement of the carpet, repainting walls, installation of three work 35 stations, desks and walls, etc. The term of the current lease runs for five years. 36 37 Economic Development Director Backman stated recently Ramsey County has indicated that 38 only the space controlled by the YMCA for park and recreation activities is exempt from 39 property taxes (approx. half the building). He stated he had received correspondence which 40 indicated that the County views the current agreements with the Mermaid as a lease by a for-41 profit agency and therefore subject to property taxes. The Chamber apparently is viewed as a 42 qualified exempt entity, however, due to the structure of the lease the space is disqualified as 43 exempt. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 15 Economic Development Director Backman stated to qualify for exempt status, two things must 1 happen – the Chamber would need to lease directly from the City of Mounds View and the 2 Chamber would need to file an application with the state by July 1, 2004. The Mermaid has 3 indicated it would be willing to pay the city’s legal fees to revise the lease agreement for the 4 Chamber. The City’s attorney indicates that it would be a fairly easy process to modify the 5 Chamber’s lease agreement. 6 7 Economic Development Director Backman stated it is staff’s recommendation that the City 8 Council direct staff to develop a revised Lease Agreement, subject to changes by the City 9 Attorney, between the Twin Cities North Chamber of Commerce and the City of Mounds View. 10 11 Council Member Stigney asked whether in redrafting the contract if they could change any terms 12 of the contract. 13 14 Economic Development Director Backman stated the only change contemplated is that the 15 payment would go to the city instead of the Mermaid. 16 17 Council Member Gunn asked about future bookings. 18 19 Economic Development Director Backman stated that there is no obligation on their part for 20 bookings going out to 2005/2006. 21 22 City Attorney Riggs stated that that was correct. 23 24 Economic Development Director Backman stated in the second to last paragraph it states that the 25 exact amount of money paid to the City of Mounds View from the Chamber of Commerce would 26 then be reduced off the amount of rent charged to the Mermaid. 27 28 Council Member Gunn stated she did not go along with that, and that their contract was $6,000. 29 30 Mayor Linke stated that that was correct, and he would want the City Attorney to look at that. 31 32 City Clerk/Administrator Ulrich stated the option at this point is to leave it the way it is, and then 33 the Chamber ends up paying the property taxes. He stated that the Mermaid has the rights to the 34 Chamber’s rent at this point as long as the city has the contract with them, and then the money 35 belongs to them, so they couldn’t unilaterally reduce it or change it or take money away from 36 them. 37 38 Mayor Linke stated there is no way he would want to reduce that $6,000 because he thought that 39 was low to begin with. 40 41 Economic Development Director Backman stated he is not prepared to look at a redraft of the 42 existing Mermaid agreement. He stated it is not very complicated to redraft the one for the 43 Chambers. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 16 Council Member Stigney asked the City Attorney to comment. 1 City Attorney Riggs stated that the only way that it returns to a nontaxable status is if there is a 2 direct relationship between the City and a nonprofit entity like the chamber. He stated that it’s 3 clear that if you leave it all alone, the Mermaid is responsible for taxation payments. If it’s the 4 Chamber, payment is made by the Mermaid. If it’s the Mermaid, that payment is made by the 5 Mermaid. He stated if they did nothing, it moves forward for the remainder of the year. 6 7 Council Member Stigney stated if they are going to do a new contract, he would like to see 8 something built in there for a cost of living adjustment rather than just signing on for five years at 9 a flat rate. 10 11 Economic Development Director Backman stated that it actually does increase over time. He 12 stated the rate is $1,160 from 2004-2005, and it goes up to $1,210 for 2006-2008. 13 14 City Attorney Riggs stated that if they are looking for $6,000, it is $6,000. It’s just that some of 15 it is from the Mermaid and some is now directly from the Chamber. He stated it simplifies 16 matters if the City would have a lease directly with the Chamber. 17 18 Council Member Stigney asked if the Chamber could then apply for tax exempt status, and City 19 Attorney Riggs answered yes. 20 21 City Clerk/Administrator Ulrich stated there would be a year delay, until July 1 of next year, 22 where the City would have that tax liability. 23 24 Mayor Linke stated he would support revising the lease. He stated that they are still only getting 25 the $6,000, but overall they would have control of that area then. 26 27 MOTION/SECOND. Linke/Gunn. To authorize staff to revise the lease agreement with the 28 Twin Cities North Chamber of Commerce and to negotiate with the Mermaid. 29 30 Council Member Stigney asked whether staff or the City Attorney had any additional comments 31 as to where they were going and whether it sounded feasible and practical. 32 33 City Clerk/Administrator Ulrich stated he was just asking the City Attorney whether this would 34 give the Chamber enough to get the exemption by July 1st. 35 36 City Attorney Riggs stated there were various provisions in Dan Hall’s letter that they hadn’t 37 agreed to, so really they were negotiating that section still obviously, and that is the way he was 38 taking it, and he thought that that was what they meant. 39 40 Mayor Linke stated that is what he meant. 41 42 Council Member Quick stated his understanding was that all of this discussion had come about 43 because of the change in classification by Ramsey County for their tenant. 44 45 Mounds View City Council June 28, 2004 Regular Meeting Page 17 Mayor Linke stated it was because of the tenant. 1 2 Council Member Quick stated the public needs to know that this is an eleventh hour kind of 3 situation that Ramsey County had put them into because they had just received notification dated 4 June 18th. 5 6 Mayor Linke stated the first one was May something. 7 8 Ayes-4 Nays-1 (Marty) Motion carried. 9 10 11. APPROVAL OF MINUTES 11 12 A. Executive Session June 14, 2004 (will be presented on day of this meeting) 13 14 MOTION/SECOND. Marty/Gunn. To approve the June 14, 2004 Executive Session Minutes. 15 16 Ayes-5 Nays-0 Motion carried. 17 18 B. City Council Minutes June 14, 2004 19 20 Council Member Marty stated under Public Input, paragraphs 1 and 3, the name should be 21 spelled Dennis “Hammes.” On page 2, paragraph 4, the name should be spelled Dave “Jahnke”. 22 On Page 10, paragraph 4, again Dennis “Hammes”, and on paragraph 14, again Dave “Jahnke”. 23 On page 11, first paragraph under (I), Kurt should be spelled with a K. 24 25 Council Member Marty also stated he wished his comments to be included under No. 7, 26 Resolution of Appreciation for Greg Johnson. 27 28 MOTION/SECOND: Quick/Marty. To table approving the City Council Minutes of June 14, 29 2004 until the next meeting. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 12. REPORTS 34 35 A. Reports of Mayor and Council. 36 37 Council Member Marty stated the Festival in the Park golf tournament is August 14th, and 38 Festival in the Park is August 22nd. 39 . 40 . B. Staff 41 42 Planning Associate Prososki stated that she and Council Member Gunn attended the joint city 43 council work session for the cities of Mounds View and Arden Hills on June 17th. She stated 44 they had discussed possible changes to the interchange system between State Highway 10 and 45 Mounds View City Council June 28, 2004 Regular Meeting Page 18 Interstate 694. She stated it is very important to Mounds View because it did include the 1 possible closing of the direct access from County Road 10 to 35W. She stated one of the 2 proposals was to direct traffic from County Road 10 to an access on County Road H to get to 35. 3 She stated she attached exhibits that were provided by MnDOT and their overall plan to the staff 4 report. 5 6 Mayor Linke stated he had spoke with Mayor Wells of Spring Lake Park, and he is concerned 7 that if County 10 is cut off from 35, it’s going to drastically affect what they do in their tunnel. 8 9 Planning Associate Prososki stated that Shoreview would be included in the future meetings 10 because the County Road I interchange greatly affects them. 11 12 The Council discussed the exhibits provided by MnDOT. 13 14 C. City Attorney 15 16 City Attorney Riggs stated he had received correspondence from the Attorney General dated June 17 23rd, which he distributed to the Council members for their information, and stated they could 18 discuss it at a future meeting. 19 20 13. Next Council Work Session: Tuesday, July 6, 2004 21 Next Council Meeting: Monday, July 12, 2004 22 23 14. ADJOURNMENT 24 25 Mayor Linke adjourned the meeting at 10:06 p.m. 26 27 Transcribed and recorded by: 28 29 30 Sheree Theobald 31 TimeSaver Off Site Secretarial, Inc. 32 A D M I N I S T R A T O R ’S D I G E S T July 12, 2004 Fire Department Capital Equipment Planning – A joint Council meeting of Blaine, Mounds View and Spring Lake Park is now scheduled for Thursday, July 22, 2004 at Blaine City Hall. Springstead, Inc. financial consultants and staff will be presenting options for financing the Fire Department’s capital plan. Labor Negotiations – The Public Works collective bargaining group met and discussed their contract proposal. It is scheduled for discussion at a meeting tonight on the executive session agenda. A carpet professional reviewed the carpet in the Banquet Center to determine whether new or restored carpet offers the best value. Two weeks ago, a trial section was cleaned and looked promising, except some of the worst stains continue to show. An additional, larger trial section is being tried prior to deciding to recommend the new carpet option. Carpet replacement cost, with removal, will likely exceed $30,000. Street and Sidewalk Projects – I toured a variety of street and sidewalk improvement project (present and future) with City Engineer Greg Lee. This is a busy year and things will get busier with the 2003 street improvement project. Customer Service was the topic of discussion at a meeting held between Administrative Assistants and Department Heads from all departments. The focus was on providing outstanding counter and telephone service for those that call or visit City Hall. Innovative Images – A meeting was held with Mayor Linke and the Attorney to discuss the status of claims arising from a previously submitted letter and a subsequent Attorney General’s opinion. This item is on the Council agenda to determine if the Council wishes to enter into negotiations regarding a previous Banquet Center contract. Rice Creek Water Shed District rules and regulations were discussed among staff. It was decided that Mounds View would initiate a meeting of all local jurisdictions within the watershed district and follow-up with meetings of developer interests, RCWSD officials, and elected representatives as warranted. Low Carbs and More open its doors for business with a ribbon cutting and open house last Friday. City and Chamber representatives were in attendance to welcome this new business to our community. Vacation Plans, I’ll be out of the office the week of July 26th–30th on a family vacation in South Dakota.