HomeMy WebLinkAboutAgenda Packets - 2004/07/26A D M I N I S T R A T O R ’S D I G E S T
July 26, 2004
Vacation - I’ll be out of the office the week of July 26th–30th on a family vacation
in South Dakota. Police Chief Mike Sommer (763-717-4071) will serve as acting
City Administrator at the Council meeting in my absence. Des Crane and
department heads have my itinerary and numbers where I can be reached if
necessary.
Fire Department Capital Equipment Planning – A joint Council meeting of Blaine,
Mounds View and Spring Lake Park was held on Thursday, July 22, 2004 at
Blaine City Hall. Springstead, Inc. financial consultants and staff presented
options for financing the Fire Department’s capital plan. Each City will need to
work projections into their 2005 budget discussions. Also, it was decided that the
three cities, plus Coon Rapids and County and Chamber representatives, will
appoint people to a group to come up with a process for renaming of CR10.
Mounds View will take responsibility for getting this group together.
Labor Negotiations – AFSCME contracts have been executed as approved by
the council on July 12th. An additional meeting was held with the Public Works
collective bargaining group to review and discuss their contract proposal.
Additional discussions need to be held with Public Works and it is anticipated that
this contract will be a topic of an executive session in August.
Street and Sidewalk Projects – City Engineer Greg Lee reports that the 2003
street improvement project is well under way and work is proceeding fast so far.
Also, the final work on H2 is almost completed.
Bond Rating Upgrade – Hats off to Finance Director Hanson and our financial
advisors for securing a higher bond rating (from A2 to A1) as part of the current
bond issuance. The higher bond rating is a measure of the City’s improving
financial strength and it means the City will pay less interest on its debt
obligation.
Harstad Ruling - We received Judge Bastian's ruling that re-affirmed his earlier
position that the Harstads have the right to build the remaining 66 townhouse
units at H2 and Long Lake Road. Another conference with the judge is
scheduled for July 30, 2004 to discuss the remaining issues in the case. Those
issues pertain to the conditions, particularly the "water" issues that were imposed
as part of the city's previous approval of the project. In his order, Judge Bastian
specifically says that he will not enter final judgment until all of the remaining
issues are resolved to his satisfaction. That means that the City cannot appeal
the ruling at this time. We will need to wait until final judgment is entered before
making that decision.
Fire Board Member – Fire Chief Nyle Zikmund informed me that Michele
Sandbeck will be resigning as the community representative to the Fire Board
due her moving from Mounds View this fall. Advertising for a replacement has
begun. If anyone has any potential candidates, please let me know or contact
Des Crane.
Clear Channel Billboards – Staff met with representatives of Clear Channel and
reviewed the lease agreement provisions. Clear Channel agrees with the lease
provisions however, asked for some consideration for extending the lease or
possibly a lump-sum buy-out. Both parties need a further review of the numbers
to determine the feasibility of either option. They have only the Rice Creek Water
Shed District permit to obtain prior to construction. Ordering steel for the signs
will take 6-8 weeks. Expect construction about mid September.
County Commissioners are being asked to attend a meeting this fall (i.e.,
November), once the traffic study for the Silver Lake Road and County Road H
intersection is complete. The school crossing would also be discussed at this
time.
Hidden Hollow Land Closing – The land closing occurred to transfer the land for
the Hidden Hollow development from the City to Procraft, Inc. Significant land
clearance of the property has begun.
I35W City Manager/Administrator’s Meeting – The group discussed the proposed
withdrawal of Roseville from the I35W Coalition. Mounds View will need to
consider the viability of the group without Roseville when considering
membership for 2005.
800 MGz Project – City Staff met with County 800 MGz project manager, Paul
Kirkwold, to discuss the specific budget impacts and implementation of the 800
MGz radio system in Mounds View in 2005.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, July 26, 2004
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name
and address for the minutes. Also, please limit your comments to three minutes.
6. 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. YMCA Quarterly Report Presentation
B. Robert Musil from the Minneapolis Metro North Conventions and Visitors Bureau (may not arrive until
7:15pm)
8. JUST AND CORRECT CLAIMS
9. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for August 23, 2004 at 7:05pm for a Second Reading of Ordinance 742,
Amending Section 2.06 (Mayor’s Powers and Duties), Section 4.05 (Vacancy of Municipal Elected
Office), and Section 9.01 (Acquisition of Property) of the City Charter.
C. Set a Public Hearing for August 23, 2004 at 7:10 pm for the Second Reading of Ordinance 743,
Amending Chapter 5 of the City Charter.
D. Set a Public Hearing for August 9, 2004 at 7:20pm to Consider a Conditional Use Permit Request for
Outdoor Storage at 2159 Mustang Drive
E. Set a Public Hearing for August 9, 2004 at 7:25pm to Consider a Variance Request for a Thirty-six
Foot Wide Curb Cut at 7090 Silver Lake Road
F. Resolution 6311 Resetting the Bid Date for the Hidden Hollow Street and Utility Installation
Project and the Mounds View Manufactured Home Community Second Access Project
G. Resolution 6312 Adjusting the Assessment for the 2003 Street Improvement Project
H. Set a Public Hearing for August 23, 2004 at 7:15pm for the Public Hearing, introduction, and First
Reading of Ordinance 746, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and
Natural Gas Operations within the City of Mounds View for the Year 2005.
I. Set a Public Hearing for August 23, 2004 at 7:20pm for the Public Hearing, introduction, and First
Reading of Ordinance 747, an Ordinance Implementing a Franchise Fee on Center Point Energy
Natural Gas Operations within the City of Mounds View for the Year 2005.
10. COUNCIL BUSINESS
A. Rick Winters, the son of Dorothy Winters, would like to speak to Council regarding a reimbursement
request for Basement Flood Damage due to a \Main Sewer Line Blockage at 7831 Sunnyside Road.
B. Resolution 6313 Dedicating Park Dedication Funds in the 2005 Budget for the Greenfield Park
Playground Equipment Replacement Project
C. 7:05 PM: Public Hearing to Consider Resolution 6308, Approving a Conditional Use Permit Request
for an Oversized Garage at 7806 Gloria Circle
D. 7:10 PM: Public Hearing, Second Reading and Adoption of Ordinance 744, an Ordinance Vacating
Excess Easements Associated with the Velmier CVS Development at 2800 County Road 10
10. COUNCIL BUSINESS CONT…
E. Presentation of Bond Sale Results by Springsted, Inc and Resolution 6309, Accepting Proposal on the
Competitive Negotiated Sale of $2,245,000 General Obligation Improvement Bonds, Series 2004A and
Providing for their Issuance and Pledging for the Security Thereof Special Assessments, and Levying a
Tax for the Payment Thereof
F. Second Reading and Adoption of Ordinance 745, an Ordinance Approving Amendments to Section
1204.02 Relating to Park Dedication Requirements
G. Resolution 6314 Approving the Draft Feasibility Report, Waiving the Public Improvement Hearing,
Ordering the Project, and Awarding the Excavation Contract for the Silver View Sedimentation Pond
Project
H. Resolution 6310 Authorization to hire one replacement Police Officer for the vacancy created by
Deputy Chief Brennan’s resignation.
I. Resolution 6315 selecting a Consultant for the Spring Creek Wetland Basin Delineation Project
J. Resolution 6316 Authorizing the Purchase of a New Staff Car and Amending the Budget
11. APPROVAL OF MINUTES
A. June 14, 2004 City Council Minutes
B. July 12, 2004 City Council Minutes
C. July 12, 2004 Executive Session Minutes
12. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff- Police Department Quarterly Report
C. Reports of City Attorney
1. Review Request of Innovative Images
13. Next Council Work Session: Monday, August 2, 2004
Next Council Meeting: Monday, August 9, 2004
MOUNDS VIEW COMMUNITY CENTER
April, May and June - 2004
Program Start Date End Date Participants Fee Revenue Expenses Net
YOUTH CLASSES
Swimming 4/5/2004 4/28/2004 20 32.00$ 640.00$ 450.00$ 190.00$
Swimming 5/3/2004 5/26/2004 40 36.50$ 1,460.00$ 690.00$ 770.00$
Red C. Babysitting 4/21/2004 4/21/2004 4 25.00$ 100.00$ 100.00$ -$
Basketball Grades 1/2 5/22/2004 6/26/2004 Canceled Due To Low Enrollment
B-Day Parties 4/1/2004 5/31/2004 2 55.00$ 110.00$ 57.00$ 53.00$
Teen Nights 4/16/2004 5/21/2004 35 1.00$ 35.00$ 870.00$ (835.00)$
Talent Show 4/21/2004 4/21/2004 94 1.50$ 141.00$ 612.00$ (471.00)$
Karate (youth/adult)49 1,135.00$ 2,245.00$ (1,110.00)$
Soccer Camp 6/28/2004 7/2/2004 Canceled Due To Low Enrollment -$
NB Playgrounds 6/15/2004 8/5/2004 45 $61-$142 4,577.00$ 4,485.00$ 92.00$
After School Crafts 3/15/2004 4/19/2004 19 25.00$ 475.00$ 434.36$ 40.64$
Fox and Geesers 3/15/2004 5/24/2004 4 55.00$ 220.00$ 165.00$ 55.00$
Willy Tillys 3/16/2004 5/25/2004 6 49.00$ 294.00$ 165.00$ 129.00$
Kids Kaboodle 3/18/2004 5/27/2004 9 55.00$ 495.00$ 165.00$ 330.00$
Preschool Sports 3/8/2004 3/31/2004 19 15.00$ 285.00$ 102.35$ 182.65$
Preschool Dance 3/31/2004 6/1/2004 10 35.00$ 350.00$ 220.00$ 130.00$
Kind Gym Time 4/5/2004 5/24/2004 9 $15 135.00$ 103.35$ 31.65$
After School Track 4/26/2004 5/27/2004 158 $40-$45 $ 6,000***$5,179.00 821.00$
Beginning Spanish 3/10/2004 5/10/2004 8 $45 360.00$ 345.88$ 14.12$
Cheerleading 4/17/2004 5/8/2004 9 37.00$ 333.00$ 233.10$ 99.90$
Summer Baseball 6/1/2004 7/30/2004 164 $34 5,576.00$ 1,694.98$ 3,881.02$
Ballet and Jazz 3/31/2004 6/1/2004 Canceled Due To Low Enrollment
Volleyball 4/5/2004 4/26/2004 22 15.00$ 330.00$ 315.75$ 14.25$
Volleyball 6/14/2004 6/18/2004 24 45.00$ 1,080.00$ 1,080.00$ -$
Girls Lacrosse 4/16/2004 5/14/2004 Canceled Due To Low Enrollment
Boys Lacrosse 6/21/2004 6/24/2004 Canceled Due To Low Enrollment
Blade/Boarding 9/1/2004 5/30/2004 80 $0 0 0 0
Youth Totals:830 576.00$ 24,131.00$ 19,712.77$ 4,418.23$
***Reflects scholarships given through Sunnyside School
l.
ADULT CLASSES
55 Alive 4/16/2004 4/16/2004 31 12.00$ 372.00$
55 Alive 5/19/2004 5/19/2004 13 12.00$ 156.00$
55 Alive 6/17/2004 6/18/2004 16 12.00$ 192.00$
Yoga 3/17/2004 5/5/2004 $30
Kickball 6/3/2004 7/8/2004 Canceled Due To Low Enrollment
Disc Golf 6/6/2004 8/1/2004 Canceled Due To Low Enrollment
Adult Totals:60 720.00$
Program Totals:60 720.00$
322.00$ 50.00$
120.29$ 35.71$
183.35$ 8.65$
-$
625.64$ 94.36$
625.64$ 94.36$
Item No: 9A
Meeting Date:July 26, 2004
Type of Business: CA
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.
North Star Fence of Anoka, Inc. – Fence - New
Muellner Blacktop, Inc. – Asphalt – Renewal
Staff Recommendation: Approve license applications as requested.
Respectfully submitted,
________________________
Reviewed by City Administrator: ________
Item No. 9F
Meeting Date: July 26, 2004
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 6311 Resetting the Bid Date for the
Hidden Hollow Street and Utility Installation Project
and the Mounds View Manufactured Home
Community Second Access Project
Background:
The City has been working with Pro Craft Development, LLC to develop parcels
of land owned by the City and private citizens that are located south of County
Road H2, west of Knollwood Drive, and north of Woodale Drive.
On June 28, 2004, the City Council approved Resolution No. 6293, which
approved the plans and specifications and set a bid date of July 29, 2004 for the
Hidden Hollow Street and Utility Improvement Project.
As stated in the June 28th Staff report; “Staff estimates that it would take six to
eight weeks to complete the clearing and grubbing, haul in all necessary fill, and
compete the grading activities.
If the City awards a contract and the site is not completely accessible to the
contractor due to grading activities still being performed, the City will be exposed
to litigative action by the contractor. For this reason, Staff will be closely
monitoring the completion of required developer’s activities and grading progress
of the site.”
On July 21, 2004, Staff determined that substantial progress had not been made
and the estimated date of when the site will be ready for the City contractor was
substantially beyond the scheduled contract award date; Staff therefore
recommends extending the award date.
Discussion:
As of July 21, 2004, clearing and grubbing of the site has commenced; however
no grading activities have started. It is estimated that grading will start on either
Friday, July 23, 2004, or Monday, July 26, 2004.
Given this, Staff is recommending extending the bid date from July 29, 2004 to
August 19, 2004.
What’s Next – The following is a tentative schedule for this project:
July 27, 2004 Send out a bid addendum
August 19, 2004 Receive bids
August 23, 2004 Award the Contract
September 7, 2004 Start project
Recommendation:
It is recommended the City Council approve a resolution to reset the bid date to
August 19, 2004, for the Hidden Hollow Street and Utility Installation Project and
the Mounds View Manufactured Home Community Second Access Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6311
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESETTING THE BID DATE FOR THE HIDDEN HOLLOW STREET AND
UTILITY INSTALLATION PROJECT AND THE MOUNDS VIEW
MANUFACTURED HOME COMMUNITY SECOND ACCESS PROJECT
WHEREAS, on June 28, 2004, the City Council approved Resolution No.
6293, which approved the plans and specifications and set a bid date of July 29,
2004 for the Hidden Hollow Street and Utility Improvement Project; and
WHEREAS, as of July 21, 2004, clearing and grubbing of the site has
commenced; however no grading activities have started; and
WHEREAS, if the City awards a contract and the site is not completely
accessible to the contractor due to grading activities still being performed, the
City will be exposed to litigative action by the contractor; and
WHEREAS, Staff is recommending to revise the bid date from July 29,
2004, to August 19, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Mounds View City Council
of the City of, Ramsey County, Minnesota as follows:
1. That the bid date of July 29, 2004 at 10:00 a.m. to receive bids for
said improvements is hereby cancelled.
2. A revised date to receive bids for said improvements is hereby
established as August 19, 2004, at 10:00 a.m.
3. That Staff is hereby directed to cause to be issued a bid addendum
to revise the date to receive bids for said improvements.
Adopted this 26th day of July 2004.
(ATTEST) ____________________________________
Jerry Linke, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No. 10B
Meeting Date: July 26, 2004
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution 6313 Dedicating Park Dedication Funds
in the 2005 Budget for the Greenfield Park
Playground Equipment Replacement Project
Background:
In the fall of 2003 the Parks and Recreation Commission preformed a “Needs
Analysis” for all City parks. Based on the analysis, the Commissioners developed
a list of desired changes and improvements to the City parks system. This list
was divided into three components; Short Term Items (items that could be done
without budgeting), Intermediate Items (items that needed to be budgeted for)
and Long Term Items (item that were capital expenditures and several years
out).
During this process a neighborhood group requested that something be done
with the Greenfield Park play equipment. They requested at minimum, new play
equipment for smaller children be added to Greenfield Park.
As part of the ”Needs Analysis” the Commissioners recommended an
expenditure of $5,000 in 2005 to add new additional play equipment for smaller
children. The Commissioners also recommended that all of the playground
equipment at Greenfield Park be replaced in 2010 at an estimated cost of
$50,000 to $55,000, plus the cost of fiberfill, which was estimated to cost an
additional $8,000.
On April 22, 2004, the neighborhood group for Greenfield Park requested to
address the Parks and Recreation Commission. The neighborhood group
requested that the playground equipment be entirely replaced at this time. They
stated that the Greenfield Play equipment does not meet consumer product
safety and League of Minnesota Cities requirements. They also stated that
Greenfield Park play equipment is the oldest play equipment in the City and
should be replaced.
The Commissioners requested that equipment design be put together for
Greenfield Park. The Parks Supervisor, Steve Dazenski, worked with the
neighborhood group to create plans.
The plans were presented to the Commission on May 27, 2004. The proposed
playground would be 76’ X 85’. It would have wood fiberfill base. The estimated
cost was $60,000 plus $8,000 for the wood fiberfill base. The Commissioners
requested additional proposals from other vendors.
The Park and Recreation Commission did not have a quorum on June 24, 2004;
this prompted the calling of a special meeting for July 8, 2004 to specifically
discuss the Greenfield Park Play Equipment Replacement.
On July 8, 2004, the Commissioners meet with the neighborhood group to
discuss the Greenfield Park Play Equipment. The Commissioners made a motion
to recommend that the City dedicate funds in the amount of $40,000 from the
City’s Park Dedication Fund in the 2005 Budget for the Greenfield Park
Playground Equipment Replacement Project.
Discussion:
The total cost of the Greenfield Playground Equipment Replacement Project as
proposed is $60,000 for the equipment and $8,000 for the wood fiberfill and
playground border. The City routinely replaces wood fiberfill and budgets for it
annually. The current draft 2005 Budget has $1,500 for wood fiberfill. Should the
City Council wish to proceed with this project, Staff recommends that an
additional $8,000 be budgeted for in 2005 from the Park Dedication and not from
the Parks budget.
The difference in funds from what the Commissioners are recommending and the
estimated costs could be derived from donations. The neighborhood group has
submitted a donation request letter that they intend to send out to all of the
businesses in Mounds View (see attachment).
The neighborhood group has requested that the City print up these donation
request letters, provide envelopes with the City logo, and provide postage. The
estimated cost is summarized as follows:
Printing Costs $340.00
Envelopes (400) $ 8.00
Postages $148.00
TOTAL $496.00
*excludes Staff time.
Recommendation:
It has been recommended by the Parks and Recreation Commission that the City
Council approve a resolution to dedicate Park Dedication Funds in the 2005
Budget for the Greenfield Park Playground Equipment Replacement Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6313
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
DEDICATING PARK DEDICATION FUNDS IN THE 2005 BUDGET FOR THE
GREENFIELD PARK PLAYGROUND EQUIPMENT REPLACEMENT
PROJECT
WHEREAS, on April 22, 2004, a neighborhood group requested that the
Parks and Recreation Commission recommend that the playground equipment at
Greenfield Park be entirely replaced at this time; and
WHEREAS, on July 8, 2004, the Commissioners made a motion to
recommend that the City dedicate funds in the amount of $40,000 from the City’s
Park Dedication Fund in the 2005 Budget for the Greenfield Park Playground
Equipment Replacement Project; and
WHEREAS, should the City Council wish to proceed with this project, Staff
recommends that an additional $8,000 for filberfill and border be budgeted for in
2005 from the Park Dedication and not from the Parks budget; and
WHEREAS, the neighborhood group has requested that the City print up
donation request letters, provide envelopes with the City logo, and provide
postage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. Dedicates Park Dedication Funds in the 2005 Budget for the
Greenfield Park Playground Equipment Replacement Project.
2. Said dedication will be in the amount of $48,000 which will include
fiberfill and border.
3. The City will print up the requested donation request letters, provide
envelopes with the City logo, and provide postage, at an estimated
cost of $500 (excluding Staff time).
4. Donations raised by the neighborhood group will be applied entirely
to the Greenfield Park Playground Equipment Replacement Project.
Adopted this 26th day of July 2004.
(ATTEST) ____________________________________
Jerry Linke, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
July 30, 2004
Dear Mounds View area business or organization,
We are writing to you looking for financial support to replace the playground equipment at
Greenfield Park located on the north side of Mounds View at the corner of Hillview Road and
Knoll Drive. This equipment was installed in the early 1980s and is the oldest park in Mounds
View.
When this park was built, it met the guidelines for safety according to the United States
Consumer Product Safety Commission (CPSC) at that time. However the CPSC updated those
guidelines in the early 1990s and the playground at Greenfield Park has many areas that no longer
meet these safety recommendations. There are several areas on the equipment that are broken
and cannot be replaced because it is so old that parts are no longer available. It cannot be adjusted
for safety because that would void the company’s liability/warranty if the equipment were altered.
On the reverse side you will find a photo of the tentative playground proposal. Swings, a
hydraulic speed control merry-go-round, and an age-appropriate area for toddlers are also
included in the proposal. This will provide the community with a playground of comparable size
to what is currently in place, and meet CPSC recommendations for safety.
The city of Mounds View has a Park Dedication Fund which is financed with monies collected
from development and redevelopment in the community. Mounds View is nearly fully
developed. Therefore the amount of money available in the Park Dedication Fund is limited. The
Mounds View City Council has agreed to budget $40,000 of the $70,000 cost for the project.
We are asking community businesses and organizations to contribute to the remaining cost of the
project so it can be installed in the spring of 2005. 100% of your donation will go directly to the
playground. Consult with your tax preparer for taxable deductions. Checks should be made to
the “City of Mounds View.” Please specify your donation to go toward the “Greenfield
Playground.” A receipt for your contribution can be returned upon request. In order for us to
achieve our goal, we will need your contribution by November 1, 2004 sent to:
Charles Hansen, Finance Director
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
If you have any questions about this project, please contact any of the individuals below.
Thank you for keeping our children safe with your contribution.
Sincerely,
Greenfield Park area residents,
Cindy Palm Kendra Miller Colleen Johnson Shannon Mildenberger
763-783-5769 763-780-5467 763-780-4197 763-780-4449
Item No: 10C
Meeting Date: July 26, 2004
Type of Business: Public Hearing
Administrator Review : ________
City of Mounds View Staff Report
To: Mounds View City Council
From: Kristin Prososki, Planning Associate
Item Title/Subject: Public Hearing and Consideration of a Conditional Use
Permit for an Over-sized Garage at 7806 Gloria Circle;
Planning Case No. CU2004-002
Introduction:
The applicant, Mari Scotch, is requesting approval of a conditional use permit to construct an
over-sized garage at 7806 Gloria Circle. The applicant indicates that the existing garage
would be converted to living space and a new attached garage would be built on the
property. The proposed garage would have an area of 1,125 square feet. Mounds View
Zoning Code requires a conditional use permit for any accessory structure over 952 square
feet.
Requirements:
Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building,
the number of accessory buildings and the backyard coverage ratio of accessory buildings.
A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet.
Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garage
exceeding 952 square feet, which are that the garage be permanent, be uniform in
appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of
total accessory building area on the lot.
Section 1125.01, Subd. 1: The Planning Commission is required to make a recommendation
considering the possible adverse effects of the requested conditional use.
Section 1125.01, Subd. 3: The City Council shall consider the advice and recommendation
of the Planning Commission and create a recordable findings of fact related to the request.
Discussion:
The request for a Conditional Use Permit to construct a 1,125 square foot garage 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 37.5
feet, would exceed the maximum width allowed by two and a half feet. The applicant
claimed a hardship and requested a variance to permit the 37.5-foot wide garage. The
Planning Commission held a public hearing and approved the variance on July 7, 2004.
The applicant is planning to convert the existing two-car garage into additional living space
and add an attached three-stall garage on the northwest side of the home. The proposed
garage setback is approximately 6 feet from the west lot line and 5 feet from the north lot
line. Section 1104.01 requires a five (5) foot setback, which the proposed garage satisfies.
Scotch Variance and CUP Report
July 7, 2004
Page 2
The applicant has found that an over-sized garage is necessary for her storage needs. The
options for storage space are limited due to the irregular shape of the lot and the fact that it
would not be desirable to place an accessory structure between the home and Spring Lake.
The proposed garage would accommodate the three vehicles and recreational watercraft
that need to be stored on the property. The proposed garage would be located over an
existing pad for a shed. The shed would be removed and the proposed garage would
become the only accessory structure on the property.
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. The Comprehensive Plan designates this property, 7806
Gloria Circle, as low-density residential. The lot is larger than most lots and one of only
seven homes that have direct access to Spring Lake. Most of the homes in this area were
built with single or small two stall garages, which by today’s standards are under-sized for
the typical multi-vehicle family.
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.
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, which a variance was granted for.
Scotch Variance and CUP Report
July 7, 2004
Page 3
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.
The proposed garage should not cause depreciation in value of the existing homes and it
will not deter the development of vacant land.
(3) The structure and site shall have an appearance that will not have an adverse effect upon
adjacent residential properties.
The appearance of the proposed garage should not have an adverse effect on any of the
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 and recreational watercraft. The proposed
garage would be the only accessory structure on the property. The request is reasonably
related to their needs.
(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.
Scotch Variance and CUP Report
July 7, 2004
Page 4
(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. 7806 Gloria Circle 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 Gloria Circle. The
backyard does have access to Spring Lake. The proposed garage expansion would not be
out of place for this area and the size of the applicant’s lot would accommodate the expanded
garage.
Depreciation. The garage expansion would benefit the subject property both in a practical
sense by providing additional on site, indoor parking and storage area 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 part of the City is strictly residential; strictly
single family dwellings. There is a mix of older and newer homes, some on larger lots while
others on smaller subdivided lots. One common thread is that all of the homes in this area are
well maintained and most exceed the median Mounds View home value. The presence of
Spring Lake adds an inherent physical and aesthetic value to the neighborhood. The
expanded garage would not be out of character in this area.
The Demonstrated Need for Such a Use. The applicant has indicated that the need is
because there are three vehicles plus recreational watercraft that need to be stored and right
now the property only has a small two-car garage. The added garage space would be a
substantial improvement for the applicant.
Planning Commission Action:
The Planning Commission voted to approve the variance and recommend approval of the
conditional use permit request. Planning Commission Resolution 764-04 is attached for the
Council’s review.
Scotch Variance and CUP Report
July 7, 2004
Page 5
Recommendations:
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. Approve the conditional use permit. Resolution 6308 is attached if the Council selects
this option.
2. Deny the conditional use permit request. If the Council selects this option, Staff would
need to be directed to draft a resolution of denial with findings of fact appropriate to
support the denial. If the Council chooses to act on this option, Staff will provide the
resolution to the Council at the next meeting on August 9, 2004.
3. Table the request. If additional information is needed before a decision can be rendered
or if more discussion is needed, the Commission can simply move to table the request
until such information has been provided. Because of 60-day requirements, the
Commission would need to act upon the request as soon as reasonably possible to avoid
an inadvertent approval.
Respectfully submitted,
Kristin Prososki
Planning Associate
Attachments:
1. Application
2. Zoning Map
3. Location Map
4. Photographic Documentation
5. Proposed Layout
6. Proposed Elevations
7. Planning Commission Resolution 764-04
8. Resolution 6308
Scotch Variance and CUP Report
July 7, 2004
Page 6
Scotch Variance and CUP Report
July 7, 2004
Page 7
Scotch Variance and CUP Report
July 7, 2004
Page 8
Zoning Map
Scotch Variance and CUP Report
July 7, 2004
Page 9
Scotch Variance and CUP Report
July 7, 2004
Page 10
Photographic Documentation
Existing home (looking South). Current
garage would be converted to additional living space.
The home in the background (behind car and shed) is the neighbor’s home.
The applicant’s home is shown on the left hand side of the photo.
Proposed garage would located between existing shed (on the right) and an
addition on the west side of the home.
Scotch Variance and CUP Report
July 7, 2004
Page 11
Proposed Layout
New
Garage
Existing
Home
Existing
Garage –
Expanded
and
Remodeled
as Living
Space
Driveway
New
Addition
Scotch Variance and CUP Report
July 7, 2004
Page 12
Proposed Elevations
Scotch Variance and CUP Report
July 7, 2004
Page 13
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 764-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE FOR A 37.5-FOOT WIDE GARAGE AND
RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR
A 1,125 SQUARE-FOOT GARAGE AT 7806 GLORIA CIRCLE; PLANNING CASE
NOS. CU2004-002 & VR2004-007
WHEREAS, property owner Mari Scotch has applied for a variance and a
conditional use permit to construct a 1,125 square foot garage; and,
WHEREAS, the subject property, located at 7806 Gloria Circle, is zoned R-1, Single
Family residential, and is legally described as follows:
Part North and West of a Line Beginning on Westerly Line of
Gloria Circle 35 feet Southeasterly thereon from North Line
of Lot 9 thence West parallel with North Line of Said Lot 54
feet thence South parallel with West Line of Said Lot to
South Line of Said Lot 9, Block 1, Lakeside Court,
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 expanded garage would be 1,125 square feet, thus
necessitating application of a conditional use permit; and,
WHEREAS, the proposed garage would be 37.5 feet in width, 2.5 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. Location Map
d. Photographic documentation
e. Proposed Layout
f. Proposed Elevations
g. Staff Report
Scotch Variance and CUP Report
July 7, 2004
Page 14
WHEREAS, the Planning Commission held a duly noticed public hearing regarding
the variance and conditional use permit requests on Wednesday, July 7, 2004.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission makes the following findings of fact related to the conditional use permit
request:
1. Other than the width, the proposed oversized 1,125 square foot garage satisfies
the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning
Code.
2. The request is consistent with the Mounds View Comprehensive Plan in that 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. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate such a structure.
4. The proposed garage would not depreciate the neighborhood.
5. The applicant has sufficiently demonstrated that a need exists for the proposed
oversized garage.
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 located just off of a cul-de-sac and is located on Spring Lake.
The irregularly shaped lot and the desire to preserve the view of Spring Lake limit
the possible locations of accessory buildings. The proposed garage allows the
homeowner to have only one accessory structure, which is planned to be located as
far from Spring Lake as possible. In addition, a utility easement limits the depth of
the proposed garage.
2. The literal interpretation of the provisions of this Title would deprive the applicant
of rights commonly enjoyed by other properties in that most property owners could
have up to three accessory buildings, but due to the constraints of the lot, the
applicant has limited options.
3 The special circumstances or conditions do not result from the applicant in that
Ms. Scotch had no control over the shape of the lot or the utility easements placed
on the property.
4. Granting the variance requested would not confer on the applicant any special
privilege in that most property owners do not have such limited options for
accessory buildings.
Scotch Variance and CUP Report
July 7, 2004
Page 15
5. The requested 2.5-foot variance is the minimum amount necessary to alleviate
the applicant’s hardship. Economic conditions do not enter into the need for a
variance in this case.
6. The variance requested would not be materially detrimental to the purpose of the
Code or to other properties in the vicinity. The spirit and intent of the Code is
preserved.
7. Granting the variance would not impair an adequate supply of light and air to
adjacent properties, would not increase the congestion of the public streets, would
not increase the danger of fire or endanger the public safety and would not diminish
or impair property values within the neighborhood.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning
Commission unconditionally approves the requested variance for a 37.5 foot wide garage
and recommends approval of the conditional use permit for the 1,125 square foot garage,
with conditions as follows:
1. The garage shall not be used for commercial purposes, living space or other
uses not allowed within the R-1 Single-Family Residential district or by the Zoning
Code. Should the use change for which the permit was granted; the conditional use
permit shall be considered null and void.
2. The garage expansion shall be designed and maintained to provide a uniform
appearance with the existing house.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of July, 2004.
_____________________________________
Gary Stevenson, Chairperson
ATTEST:
____________________________________
James Ericson,
Community Development Director
(SEAL)
Scotch Variance and CUP Report
July 7, 2004
Page 16
RESOLUTION NO. 6308
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,125 SQUARE
FOOT GARAGE AT 7806 GLORIA CIRCLE;
PLANNING CASE NO. CU2004-002
WHEREAS, property owner Mari Scotch has applied for a conditional use permit
to construct a garage with an area of 1,125 square feet; and,
WHEREAS, the subject property, located at 7806 Gloria Circle, is zoned R-1,
Single Family residential, and is legally described as follows:
Part North and West of a Line Beginning on Westerly Line of
Gloria Circle 35 feet Southeasterly thereon from North Line
of Lot 9 thence West parallel with North Line of Said Lot 54
feet thence South parallel with West Line of Said Lot to
South Line of Said Lot 9, Block 1, Lakeside Court,
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 City Council has reviewed the following
documents regarding this proposal:
a. Planning Application
b. Zoning Map
c. Location Map
d. Photographic documentation
e. Proposed Layout
f. Proposed Elevations
g. Staff Report
h. Planning Commission Resolution 764-04
WHEREAS, the Mounds View City Council held a duly noticed public hearing
regarding the conditional use permit request on Monday, July 26, 2004; and,
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 that the Mounds View City Council
makes the following findings of fact related to the conditional use permit request:
Scotch Variance and CUP Report
July 7, 2004
Page 17
1. The proposed 1,125 square foot garage satisfies the dimensional
requirements as outlined in Chapters 1104 and 1106 the Zoning Code.
2. The request is consistent with the Mounds View Comprehensive Plan in that 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. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate such a structure.
4. The proposed garage would not depreciate the neighborhood, would not
cause an undue burden on city facilities or utilities and would not cause
congestion or pose a traffic hazard.
5. The applicant has sufficiently demonstrated that a need exists for the
proposed expanded garage.
6. The Mounds View Planning Commission held a public hearing and adopted a
resolution in support of the conditional use permit request on July 7, 2004.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City
Council approves the conditional use permit for a 1,125 square foot garage at 7806 Gloria
Circle, with conditions as follows:
1. The garage shall not be used for commercial purposes, living space or other
uses not allowed within the R-1, Single-Family Residential district or by the Zoning
Code. Should the use change for which the permit was granted; the conditional use
permit shall be considered null and void.
2. Construction of the proposed attached garage shall be commenced within one
year of the adoption of this resolution or the conditional use permit and associated
variance approval shall become null and void.
3. The garage expansion shall be designed and maintained to provide a uniform
appearance with the existing house.
Adopted this 26th day of July, 2004.
_____________________________________
Jerry Linke, Mayor
ATTEST:
____________________________________
Kurt Ulrich, City Clerk / Administrator
(SEAL)
Item No: 10D
Meeting Date: July 26, 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: Public Hearing, Second Reading and Adoption of
Ordinance 744, an Ordinance Vacating Unused and
Excess Public Easements Associated with the
Velmier CVS Redevelopment
Introduction:
On June 28, 2004, the City Council approved the final plat for the Velmier CVS Addition.
The plat combined the two lots created by the Amoco Silver Addition plat recorded in
1991 with parts of adjoining unplatted lots. As a result of the Velmier CVS Addition plat,
there are now easements in areas that are no longer needed or desired. The applicant
requests these easement areas be vacated.
Discussion:
Four easements are specifically requested to be vacated. The first easement area is the
easement dedicated to the City by way of the Amoco Silver Addition plat. This easement
is no longer needed as the lot line adjacent to this easement no longer exists and the
proposed CVS building sits on top of the easement. The second easement was
dedicated in 1970 as part of the subdivision which created the lot for the Silverview
Terrace apartment complex. The third and fourth easement areas were dedicated for
utility and right of way in the 1960s. While no roadway is planned or intended in the last
two easement areas, there are utilities which would continue to be protected by new
easements dedicated via the Velmier CVS Addition plat.
On July 12, 2004, the Council approved the first reading and introduction of the attached
ordinance.
Recommendation:
Hold the public hearing and consider the second reading and adoption of Ordinance 744,
an ordinance vacating excess and unused easements associated with the Velmier CVS
redevelopment project. This requires a roll call vote.
Respectfully submitted,
________________________
James Ericson
Community Development Director
ORDINANCE NO. 744
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE VACATING EXCESS UTILITY EASEMENTS ASSOCIATED
WITH THE VELMIER CVS DEVELOPMENT
WHEREAS, a request has been submitted to the City of Mounds View to vacate a utility
easement originally granted to the City through the platting of the Amoco Silver Addition, a public
utility easement granted in 1970, and highway easements granted to the City, all legally described
as follows:
Easement A: A drainage and utility easement over, under and across the southwest five
feet of lots 1 and 2, Block 1, Amoco Silver Addition, dated April 4, 1991,
recorded as Document No. 2590300.
Easement B: A utility easement over, under, above and across the west five feet of the
following described property, recorded October 16, 1970, as Doc. No.
550710:
That part of Lot fifty-nine (59), Auditor’s Subdivision No. 89, Ramsey County,
Minnesota, lying South of a line described as follows: Commencing at the
Northwest corner of said Lot fifty-nine (59); thence South along the West line of
said Lot fifty-nine (59), 257.93 feet to the point of beginning; thence
Southeasterly to a point on the East line of said Lot fifty-nine (59), 257.93 feet
South of the Northeast corner and there terminating, according to the plat thereof
filed of record in the office of the Registrar of Titles within and for said County
of Ramsey, Subject to a five (5) foot strip easement along the rear line for public
utility use such as setting of poles, stringing of wires, trimming or removing
trees, if necessary for line clearance and laying of underground conduits.
Easement C: A Highway easement over, under, above and across the following
described property, recorded as Doc. No. 508273:
The South 20 feet of the following described property: Lot 58, Auditor’s
Subdivision No. 89, Ramsey County, Minnesota, except that part lying
Northeasterly of a line parallel with and 75 feet Southwesterly from the
centerline of Minnesota State Trunk Highway No. 10/62.
Easement D: A Highway easement dated September 7, 1966 over, under, above and
across the following described property, recorded as Doc. No. 503404:
The South 20 feet, except Silver Lake Road, of the following described property:
Lot 59, Auditor’s Subdivision No. 89, Ramsey County, Minnesota, except that
part lying Northeasterly of a line parallel with and 75 feet Southwesterly from
the centerline of Minnesota State Trunk Highway No. 10/62.
Ordinance 744
Page 2
WHEREAS, it has been determined that the above-described utility and highway
easements, as shown on attached Exhibit A, no longer serve a public purpose and it is in the
public interest to vacate such unneeded utility and highway easements.
NOW THEREFORE,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Special Ordinance No. 744.
Subd. 1. The City has made a determination that the above-described utility and highway
easements no longer serve a public purpose, and as such, it is in the public interest to vacate such
portion.
Subd. 2. There are no apparent public utilities, buried or otherwise, within the easements to
be vacated except those already protected by virtue of dedicated easements associated with the
Velmier CVS plat approved by the City Council on June 28, 2004.
Subd. 3. The City Council of the City of Mounds View finds that there is no public interest
or purpose served in retaining the excess and unneeded utility and highway easements proposed for
vacation.
Subd. 4. The utility and highway easements legally described herein and shown on
Exhibit A are hereby vacated.
SECTION 2. This ordinance takes effect thirty (30) days after its publication.
First read by the City Council of the City of Mounds View 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, City Clerk-Administrator
APPROVED AS TO FORM:
City Attorney
Amoco Silver
Addition easement
to be vacated (A)
Silverview Terrace
easement to be
vacated (B)
EXHIBIT A
Highway Easement
to be vacated (D)
Highway Easement
to be vacated (C)
Ordinance 744 – Page 3
Item No: 10F
Meeting Date: July 26, 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: Second Reading and Adoption 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. The City
Council approved the first reading of this ordinance on July 12, 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. The City Attorney will recommend revised language for the highlighted
passage on the second page of the ordinance.
Recommendation:
Approve the second reading and adoption of Ordinance 745.
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: The following shall represent a summary of this ordinance and shall be
published, along with the ordinance title, in lieu of the whole ordinance as permitted by
Mounds View City Charter Section 3.07:
Ordinance 745 amends Chapter 1204 of the Mounds View Municipal Code
pertaining to Park Dedications associated with subdivisions of land. The
amendments clarify the requirements, address recent changes to Minnesota
statutes and allow for some flexibility regarding the dedication fee imposed.
While the maximum dedication allowed by the Code would be ten percent of
the land or its equivalent cash value, the amendment would necessitate that
the fee imposed as a result of a subdivision be comparatively reasonable and
based in part on the intensity or further intensification resulting from the
development. Finally, the amendment provides for a process by which the
subdivider of land may appeal the imposition of the dedication fee to the
district court consistent with Minnesota Statutes.
A complete copy of this ordinance is available for public viewing at Mounds View City Hall
or it can be accessed on the Internet at Http://www.ci.mounds-view.mn.us/docs/745.pdf.
Ordinance 745
Page 2
Section 2. 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 3. 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 4. 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:
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
Ordinance 745
Page 3
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 5. Section 1204.02, subd. 5 of the Mounds View Municipal Code is repealed.
Section 6. 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.
Section 7. 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.
Ordinance 745
Page 4
Section 8. 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
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
June 14, 2004
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:05 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn
4. APPROVAL OF AGENDA
A. Monday, June 14, 2004 City Council Agenda.
Mayor Linke stated he would like to postpone Item 7B until the next meeting. He also stated he
would like to move Item 10G up in front of 10A.
MOTION/SECOND: Marty/Stigney. To Approve the Monday, June 14, 2004 Agenda as
amended.
Ayes – 5 Nays – 0 Motion carried.
5. PUBLIC INPUT
Dennis Hammes, 5511 Quincy St., asked the Council what had been done as far as cars having
noise violations. He stated he was talking about cars with loud mufflers and boom boxes.
Chief Sommer stated noise violations were handled on a case-by-case basis. He stated if
someone had a specific complaint and had the license number, they would deal with that
individually. He stated they do issue citations for loud mufflers.
Dennis Hammes stated he would like to know how many citations had been issued for noise
violations in the last 90 days.
Chief Sommer stated he could get that information. He stated that it wasn’t that common to
issue noise violations.
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Regular Meeting Page 2
Council Member Marty stated he had seen more people being pulled over in the last month than
at any other time since he has lived in Mounds View.
Chief Sommer stated there has been a lot of emphasis on traffic enforcement within the city, both
in general and for the Safe and Sober Program.
Tom Winiecki, Sherwood Road, stated there are people going 60 miles an hour down Long Lake
Road. He also stated there are many cars parked on the streets at 5:30 in the morning.
David Jahnke, 8428 Eastwood Rd, stated he was appalled that any Council member would
consider subsidizing a golf course.
Mayor Linke stated there were many possibilities they were looking at on this issue.
Bill Rice, 2932 County Road H2, stated he would fire his financial advisor if they suggested
investing in that golf course.
Mayor Linke stated they were looking at about seven different options, including selling it to get
rid of it. He stated when they have all the information, they will make a decision.
Mr. Rice asked if they were going to put nine more holes in.
Mayor Linke stated that was no longer an option.
Mr. Rice asked whether there had been any meetings regarding the golf course behind closed
doors, and Mayor Linke stated that there had not.
6. CITY BUDGET QUESTIONS AND COMMENTS
None.
7. SPECIAL ORDER OF BUSINESS
A. Resolution 6284, Resolution of Appreciation for Greg Johnson
Mayor Linke read Resolution 6284.
MOTION/SECOND: Marty/Stigney. To approve Resolution 6284.
Ayes – 5 Nays – 0 Motion carried.
Mayor Linke stated Greg Johnson was a good friend of his, and he will be missed. He presented
the framed resolution to the family.
Council Member Marty gave an overview of his friendship with Greg Johnson.
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Regular Meeting Page 3
8. JUST AND CORRECT CLAIMS.
MOTION/SECOND: Gunn/Quick. To approve Just and Correct Claims as presented.
Ayes-5 Nays -0 Motion carried
9. CONSENT AGENDA
A. Resolution 6258 Approving the Private Street Maintenance Policy
B. Resolution 6279 Approve and Authorize the execution of an Agreement
Rider with Saint Paul Board of Water Commissioners for work associated
with the 2003 Street Improvement Project
C. Cancel Public Hearing Set for Monday, June 14, 2004 and Reschedule for
Monday, June 28, 2004 at 7:05PM to Consider a Variance Request and
Conditional Use Permit Request for an Oversized Garage at 2208 Lois Drive
D. Set a Public Hearing for Monday, June 28, 2004 at 7:10 pm to Consider
Resolution 6272, an Off Sale Intoxicating Liquor License Renewal for ABC
Liquor located at 2840 Highway 10
E. Set a Public Hearing for Monday, June 28, 2004 at 7:15 pm to Consider
Resolution 6273, an Off Sale Intoxicating Liquor License Renewal for
Network Liquors located at 2354 County Road H
F. Set a Public Hearing for Monday, June 28, 2004 at 7:20 pm to Consider
Resolution 6274, an On Sale Intoxicating Liquor License Renewal for Jake’s
Sports Café located at 2400 Highway 10
G. Set a Public Hearing for Monday, June 28, 2004 at 7:25 pm to Consider
Resolution 6275, an On Sale Intoxicating Liquor License Renewal for
Robert’s Sports Bar and Entertainment located at 2400 County Road H2
H. Set a Public Hearing for Monday, June 28, 2004 at 7:30 pm to Consider
Resolution 6276, an On Sale Intoxicating Liquor License Renewal for The
Mermaid located at 2200 Highway 10
I. Executive Session Immediately Following Meeting to Discuss Union
Negotiations
J. Resolution 6278 Approving renewal of police training contract with Century
College
K. Licenses for Approval
L. Resolution 6280 Approving a Temporary Data Entry Position
M. Resolution No. 6281 Setting a Public Improvement Hearing Date and
Authorizing the Preparation of Plans and Specifications for the Mounds
View Manufactured Home Park Second Access Project
N. Resolution 6254 DEX Advertising for the Golf Course
Council Member Stigney requested to have item 9A removed for discussion.
MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items B, C, D, E, F, G, H, I,
J, K, L, M, and N as Presented.
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Regular Meeting Page 4
Ayes – 5 Nays – 0 Motion carried.
A. Resolution 6258 Approving the Private Street Maintenance Policy
Council Member Stigney asked where the actual draft copy of the streets policy was.
Council Member Marty stated it was after the time line with the dates.
Council Member Stigney asked if this would be attached to the resolution or if it was going to be
published elsewhere.
Public Works Director Lee stated it would be put into the city’s policy and procedures book,
which was available for public inspection.
Council Member Marty stated the second whereas in the resolution needed to be capitalized.
MOTION/SECOND. MARTY/QUICK. To waive the reading and approve Resolution 6258
Approving the Private Street Maintenance Policy.
Ayes -5 Nays-0 Motion carried
10. COUNCIL BUSINESS
A. 7:05 PM. Public Hearing. First reading and Introduction of Ordinance 738,
an Ordinance Assigning a Name to that Part of County Road 10 passing
through Mounds View.
Community Development Director Ericson stated that the Council had directed staff to draft an
Ordinance assigning a name to that part of Highway 10 that drives through the city of Mounds
View to eliminate the confusion that exists. He stated that notice had been sent to property
owners and business owners. He stated the feedback they had received thus far indicated a
preference for Mounds View Boulevard. Mounds View Parkway was another name the City
Council had been considering.
Community Development Director Ericson stated the city of Blaine had asked that a more
generic name be considered that could be applied to the cities of Blaine and Spring Lake Park.
Blaine had requested that the three cities have a meeting to discuss a name.
Mayor Linke opened the public hearing.
Jennifer Klossen, Marketing Director for Northtown Mall, stated she supported the cities getting
together to come up with a universal name to eliminate confusion.
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Regular Meeting Page 5
Mayor Linke stated the mayor of Spring Lake Park had notified him he would like to discuss the
issue also. He also stated he would like to see the name be Mounds View Boulevard. He stated
the three Councils should get together in an informal meeting to discuss the issue.
Council member Quick suggested a committee rather than the entire Council.
City Clerk/Administrator Ulrich stated there was a joint meeting on July 22 with the cities of
Blaine and Spring Lake park to discuss fire department issues, and he suggested putting this item
on that agenda.
Christine Schnor, 2935 Highway 10, who is a bus driver, stated she would like to have one name
for the entire stretch of Highway 10 to eliminate confusion.
Council Member Stigney stated they owe it to the other cities to discuss it with them. He stated a
concern regarding postal service delivery.
Community Development Director Ericson stated the issue would have to be addressed with the
post office.
MOTION/SECOND. Linke/Marty. To continue the public hearing until a date after the Council
meets with the Blaine and Spring Lake Park Councils.
Ayes-5 Nays-0 Motion carried.
B. Resolution 6283 in Consideration of a Development Review for an Addition
to the Bioclean Building, 2151 Mustang Drive.
Council Member Marty momentarily left the meeting.
MOTION/SECOND. Quick/Stigney. To approve Resolution 6283, in Consideration of a
Development Review for an Addition to the Bioclean Building, 2151 Mustang Drive.
Ayes-4 Nays-0 Motion carried.
Council Member Marty returned to the meeting.
C. 7:16 PM Public Hearing for 2003 Street Improvement Project Resolution
6265, Assessment Hearing, and Adoption of a Special Assessment Levy.
Public Works Director Lee stated this is a continuation of the assessment hearing from May 24th.
He proposed holding the assessment hearing and then going to item 10D, which is to look at
awarding the contract for the 2003 Street Improvement Project, and then coming back to
adopting the assessment levy. He stated whether some of the items are awarded or not will affect
the assessment amounts, and so they need to award the contract before they approve the adoption
of the assessment levy.
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Regular Meeting Page 6
Public Works Director Lee stated the 2003 Street Improvement Project calls for upgrade of the
streets that lie generally south of County Road 10 and north of County Road H2, and west of
Long Lake Road. He stated Lake Court Drive and Circle was originally part of the project, but
they were deleted since they had some issues with those private streets being converted over to
public streets.
Public Works Director Lee stated that the project as proposed calls for total reconstruction of the
streets west of Silver Lake Road, and the streets will be adjusted to 28 feet in width. He stated
the streets east of Silver Lake Road, since they already have concrete curb and gutter, would have
upgraded bituminous surface, some minor replacement of the curb and gutter, and replacement
and upgrade of the infrastructure. He stated sanitary sewer improvements that were necessary
would be part of the 2003 Street Improvement Project.
Public Works Director Lee stated bids were received for a proposed sidewalk on the west side of
Groveland from County Road I to County Road 10, and bids were also open for the parking lot at
the Lakeside Lions Park. He stated the estimated total cost for the project is $2,178,000, of
which $557,000 would be assessed. He stated Spring Lake Park would pay for their portion of
the project, and also Municipal State Aid would be paying for a portion of it. He stated Mounds
View Special Project funds would be used depending on whether or not the City Council awards
the contract for Lakeside Lions Park.
Public Works Director Lee stated on April 22 the City received five bids for the project, and that
the low bidder was Hard Drives, Inc. at $1,574,000. He stated Alternate No. 1 for the Groveland
sidewalk was $40,234, and Alternate No. 2 for Lakeside Lions parking lot is a little under
$100,000. He stated the base bid came in 8.8 percent less than the engineer’s estimate for this
project. He stated assuming the City adopts the assessment levy for this project, payments would
be due with interest up until October 31st of this year. He stated the assessments period would be
certified to the county, and residents would have a period of ten years to pay those assessments at
an interest rate of 5 percent.
Public Works Director Lee stated there was a neighborhood reconstruction meeting on June 3rd.
He stated the meeting is on tape and it’s also being re-broadcasted on cable. He stated there is
also a preconstruction meeting on June 21st. He stated that at that time they’ll be meeting with
the contractor and getting a lot more information on the project in terms of start dates and the
general plan from Hard Drives. He stated notice would be sent to residents the week of June 21st
informing them of the overall plan. He stated they anticipate a June 22nd construction start date.
He stated he didn’t anticipate them starting to rip up the streets until after July 4th.
Public Works Director Lee stated there had been a delay of three weeks because of issues with
the Rice Creek Watershed District, which have been worked out as laid out in the staff report.
One of the issues included a change order to add in water quality items.
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Regular Meeting Page 7
Public Works Director Lee stated the requested action from the City Council would be to hold
the assessment hearing, to award the base bid, to award Bid Alternates 1 and 2, and to adopt a
special assessment levy.
Mayor Linke opened the public hearing.
Lisa Sunde, 7850 Groveland Road, stated she didn’t want a sidewalk and couldn’t afford a
sidewalk, and stated a petition had been signed by all the residents on Groveland stating they
were against the sidewalk.
Mayor Linke stated the sidewalk would be part of the City’s trail system.
Council Member Marty stated the city streets are falling apart because the homeowners had
previously voted not to do anything, and unless some action is taken, the whole city is going to
look run down. He stated they had to make some hard decisions for the betterment of the entire
city.
Heidi Neumann, 7770 Groveland Road, stated she disagreed with building the sidewalk on
Groveland because of safety issues with children potentially crossing the highway at the end of
the sidewalk and because the City has not defined how the additional maintenance costs for the
sidewalk would be budgeted.
Public Works Director Lee stated it would cost approximately $320 annually for maintenance of
the sidewalk. He stated they would take every step available to try to prevent pedestrians from
crossing the highway.
Council Member Marty stated he was concerned that children would cross Highway 10 at the end
of Groveland if a sidewalk were put in, and he stated that it would be better to continue the Silver
Lake Road sidewalk/trailway at this time to get people to a controlled intersection.
Council Member Quick stated you can’t stop people from walking where they want to walk, and
he didn’t feel putting the sidewalk in would really affect the amount of traffic crossing Highway
10 at that point.
There was a general discussion about the Groveland sidewalk, and Mayor Linke stated it would
be cheaper to put the sidewalk in while the construction people are in the area already. Ms.
Neumann again stated the safety concerns.
Rick Wyatt, 7515 Knollwood Drive, stated his opinion that the sidewalk is not necessary. He
asked a question regarding the mailboxes.
Mayor Linke stated the decision regarding mailboxes was made by the Post Office, who were
requiring grouped mailboxes be put in by the City.
Al Cleland, 3017 Bronson Drive, stated there was no need for a sidewalk on Groveland, and also
stated safety concerns for the children.
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Regular Meeting Page 8
Mayor Linke closed the public hearing.
Following the vote on Item D, Resolution 6268, there was a discussion regarding whether or not
the language in the resolution was correct, and it was determined that it was correct.
MOTION/SECOND. Stigney/Marty. To waive the reading and approve Resolution 6265 as
presented.
Ayes-5 Nays-0 Motion carried.
D. 2003 Street Improvement Project Resolution 6268, Construction Contract
Award
MOTION/SECOND: Quick/Gunn. To waive the reading and adopt Resolution 6268 as
presented.
Council Member Marty again stated his concerns for the safety of children crossing Highway 10.
MOTION/SECOND. Stigney/Marty. To amend the prior motion to delete option number four,
which is Bid Alternate No. 1, to remove the sidewalk on Groveland portion of the contract.
Council Member Gunn stated she was going to go along with the amendment and felt that their
money was better spent on correcting Silver Lake Road.
Mayor Linke stated his support for the sidewalk on Groveland because of continuing the trail
system.
Mayor Linke stated they would vote on the motion to amend to delete the sidewalk on
Groveland.
Ayes – 3 Nays – 2(Linke/Quick) Motion carried
Mayo r Linke stated they would vote on the motion to adopt Resolution 6268, with the deletion of
Bid Alternate No. 1 (sidewalk on Groveland).
Ayes -5 Nays-0 Motion carried.
E. Banquet Center Operations
City Clerk/Administrator Ulrich stated the Banquet Center Operations is under an interim
agreement with the Mermaid, which expires in 2004. There is some information back at looking
at other community centers, but not all of it. He stated they would report back on the 28th, and at
that time the Council could also consider a request for a proposal to bring in a full-time caterer
for the Banquet Center Operations.
Mounds View City Council June 14, 2004
Regular Meeting Page 9
Mayor Linke asked Mr. Ulrich whether any action on this item needed to be taken. City
Clerk/Administrator Ulrich stated no action was needed until the rest of the information is
received.
No action taken.
F. Banquet Center Capital Expenditures
City Clerk/Administrator Ulrich stated there are several capital expenditures being brought
forward for the Banquet Center, including carpet, entrance mats, water softener, new projection
screen, and refinishing the dance floor. He stated the carpet is in the Capital Improvement
Program to be replaced in 2005. He stated the Council is being asked whether to move ahead
and do these items at this time or wait, and staff is recommending moving forward to get bids,
and then bringing it back for Council action.
Council Member Marty asked whether Public Works could refinish the dance floor.
City Clerk/Administrator Ulrich stated he would have to check on that.
Mayor Linke stated it takes a lot of expertise to refinish a wood floor because it could be easily
destroyed.
Cindy Weingardner, from the Mermaid, stated the gymnasium floor is being resurfaced this
summer, so perhaps the dance floor could be done at the same time for perhaps less money.
She commented on the poor condition of the carpet.
Mayor Linke stated the carpet needed to be replaced about four years ago.
MOTION/SECOND: Linke/Marty. To pursue getting three bids for the items needing
replacement at the Banquet Center.
Ayes – 5 Nays – 0 Motion carried.
G. Second Reading and Adoption of Ordinance 737, an Ordinance to amend
Chapter 603. Garage and Rubbish, Section 603.06, sub. 2, Requirements and
Restrictions – ROLL CALL VOTE.
MOTION/SECOND. Gunn/Stigney. To approve the second reading and adopt Ordinance 737,
an Ordinance to amend Chapter 603, amended to say restricted to Wednesdays and Thursdays.
MOTION/SECOND. Linke/Marty. To postpone the vote until the public has had a chance to
speak.
Ayes – 5 Nays – 0 Motion carried.
Mounds View City Council June 14, 2004
Regular Meeting Page 10
Cheryl Bornhorst, Sunnyside Drive, stated she was sensitive to the noise of the garbage trucks
and gets woke up by them. She stated she was happiest with Larry’s being her hauler, and
supported the adoption of Wednesdays and Thursdays for pickups.
Theresa Lexon spoke in support of Larry’s and the Wednesday/Thursday pickup schedule.
Gerald Klute, 7869 Greenwood Drive, stated there was no problem with the way the pickup is
handled at the present time.
Ed Trettel, 7401 Parkview Drive, read a letter he had submitted to the Council stating his
position that he didn’t believe any change was needed.
Dennis Hammis, 5511 Quincy, stated he didn’t want a one-day only pickup in the city because it
would eliminate competition.
Paul Hanzelka, 8470 Eastwood Road, stated he was in agreement with what others have said and
agrees with the two days of garbage pickup.
Don Rossbach, 2297 Lois Drive, stated he agreed with the Wednesday and Thursday pickup.
William Werner, 2765 Sherwood Road, stated he hoped the Council would do the right thing in
the spirit of community.
Ryan Markfelt, Ardan Avenue, stated he would like to keep Larry as his hauler and have
Wednesday and Thursday pickup.
Sharon Kirscher, 8406 Red Oak Drive, stated Larry backs up her 250 foot driveway to pick up
her trash and it would be a hardship to lose him as her hauler.
Rick Wyatt, 7515 Knollwood, stated Larry’s trucks are far quieter than the others and suggested
having the pickup time begin later in the morning. He stated he didn’t think anything else needed
to be changed.
Steven Merk, 5065 Sunnyside Road, stated he was for one day pickup because he works the third
shift and gets woke up by the garbage trucks.
Larry Saba, of Larry’s Quality Sanitation, gave an overview of his family business, and stated he
needs to pick up the garbage on Wednesdays in Mounds View.
Naja Werner commented on a quote from the June 2nd article in the New Brighton Bulletin in
reference to something Council Member Quick had said that she said disturbed her.
Dave Jahnke, 8428 Eastwood Road, stated one of the garbage companies is connected with the
mob.
Mounds View City Council June 14, 2004
Regular Meeting Page 11
Mayor Linke thanked everyone for coming. Council Member Marty thanked everyone for their
calls. He stated this was something he was trying to get passed because he had had calls from
residents who worked the third shift who were being woken up by garbage trucks.
There was a discussion regarding having a single source provider pick up recycling. Public
Works Director Lee stated staff could put together a proposal for that. Mayor Linke suggested
putting it on for a work session.
Council Member Quick stated the statement referenced by Naja Werner was taken out of context.
Council Member Stigney stated he had had 41 voice mail messages that indicated to him strong
support for not driving Larry’s out of the community.
ROLL CALL: Linke/Quick/Marty/Stigney/Gunn
Ayes-5 Nays-0 Motion carried.
H. First Reading of Ordinance 741, an Ordinance to amend Title 400 of the City
Code regarding the Appointment and Terms of the Planning and Zoning
Commission, Police Civil Service Commission, Economic Development
Commission and the Parks and Recreation Commission.
Mayor Linke stated the part regarding the Police Civil Service Commission, should read that
each member shall be appointed by the City Council, and to scratch, “based on recommendation
of the Police Civil Service Commission.”
MOTION/SECOND: Linke/Marty. To adopt the first reading of Ordinance 741, and to amend it
to incorporate the change, “Each member shall be appointed by the Council,” and deleting the
rest of the sentence.
Ayes – 5 Nays – 0 Motion carried.
I. Resolution 6285 Authorizing the Submittal of a Letter to Ramsey County
Requesting Financial Assistance for the Silver Lake Road Sidewalk Project
Council Member Marty stated he had had a conversation with Greg Lee and Kurt Ulrich to
suggest adding more terminology in the resolution directed toward health, safety, and welfare as
there is no safe way for pedestrians, elderly, or handicapped children to traverse, so that is how
this came about.
Mayor Linke left the room.
Public Works Director Lee passed out a revised Resolution 6285, which added two whereas
clauses as follows: “Whereas, a sidewalk will promote a safe pedestrian corridor along Silver
Mounds View City Council June 14, 2004
Regular Meeting Page 12
Lake Road to aid in the health, safety, and welfare of the community, and, whereas, said sidewalk
will provide continuity of the county’s pedestrian corridor by connecting the existing system.”
MOTION/SECOND. Stigney/Gunn. To adopt revised Resolution 6285.
Ayes – 4 Nays –0 Motion carried.
Mayor Linke returned to the room.
J. Resolution 6282 Approving an Agreement to Purchase 2525 County Road 10
(Gas for Less) for $820,000
Economic Development Coordinator Backman stated on April 26, 2004 the Mounds View
Economic Development Authority authorized staff to proceed with an appraisal of the
commercial property at 2525 County Road 10, known as Gas for Less. The EDA approved that
an appraisal be undertaken for an amount not to exceed $4,000 to be paid from the City’s EDA
funds. Tisdell Appraisal Services, Inc. from Burnsville was selected at a cost of $3,000, and the
complete appraisal was submitted to the City on May 27, 2004. Mr. Tisdell places the market
value of the facility as $819,000.
Economic Development Coordinator Backman stated on May 19, 2004 the Mounds View
Planning Commission considered and approved a resolution recommending approval of the
acquisition of the parcel at 2525 Highway 10. The Commissioners determined that the city’s
acquisition of the lot would be consistent with the Comprehensive Plan future land use map. On
May 24, 2004 the Mounds View City Council authorized staff to negotiate a purchase agreement
to acquire the commercial property at 2525 Co. Highway 10 and present the agreement to the
City Council for final action.
Economic Development Coordinator Backman stated staff has contacted Twin Cities companies
that conduct environmental assessment activities. During the first week of June three
engineering companies (Peer Engineering, DPRA, and Applied Engineering) provided proposals
to the City to undertake Phase I and other assessment activities. Staff advises that these
environmental activities be completed prior to the proposed closing on the property on June 30,
2004.
Economic Development Coordinator Backman stated that staff recommends that the Mounds
View City Council adopt Resolution 6282 that authorizes staff to enter into a purchase agreement
for $820,000 with Calhoun Companies to acquire the commercial property known as Gas for
Less located at 2525 County Highway 10. Staff further recommends that the City of Mounds
View approve a Phase I Environmental Assessment, tank removal cost estimate and a minimum
of four site borings be undertaken of the site for an amount not to exceed $7,500, and that the
results are submitted to the City prior to June 30, 2004.
Council Member Stigney asked whether the seller would pay the $7,500 for the borings and tank
estimate to reduce the cost.
Mounds View City Council June 14, 2004
Regular Meeting Page 13
Economic Development Coordinator Backman stated he didn’t think they would agree to that.
Council Member Stigney asked if the purchase would originally come from the Special Projects
Fund. Economic Development Coordinator Backman stated that it would. Council Member
Stigney asked if it would later be transferred and paid out of the TIF fund, and Economic
Development Coordinator Backman stated that it would. He stated there are no problems in so
doing.
Council Member Stigney asked what is being proposed to come in there. Economic
Development Coordinator Backman stated the interest has been very good amongst the
development community, and he has had conversations with four parties so far. One of the
choices was for a restaurant. There was a discussion regarding recovering the City’s costs that
were invested in the project.
Sam Schrouki, stated he is relocating to Minnesota and has the other purchase agreement for this
property. He stated he wishes to improve the business as a gas station, and that he has a closing
date for the following day. He stated he has his tax sales number, his permits, and licensing, and
that all the preparations have been made to open the business.
MOTION/SECOND. Marty/Quick. To waive the reading and approve Resolution 6282.
There was further discussion regarding the matter wherein Mayor Linke and Council Member
Stigney stated they would not support the City buying the property.
Rick Wyatt stated his support for Mr. Sheroky buying the existing business, rather than the City
buying it and demolishing it.
Ayes –2(Marty/Quick) Nays-3 (Gunn/Linke/Stigney) Motion failed.
K. Resolution 6235 Approving a Gasoline and Tobacco License for Gas for Less
located at 2525 Highway 10
MOTION/SECOND. Marty/Stigney. To approve Resolution 6235.
Ayes-5 Nays-0 Motion carried.
L. 800 MHz Communications System
Police Chief Sommer stated the entire project is estimated at $35.65 million. He stated the
Ramsey County Board of Commissioners has acted to implement the 800 MHz Communications
System in Ramsey County, and that Anoka and Hennepin Counties have gone to that system, as
well as other counties. He stated the Minnesota Highway Patrol is on the system. He stated there
has been a communication problem in emergency situations, and this system will eliminate that.
Mounds View City Council June 14, 2004
Regular Meeting Page 14
Police Chief Sommer stated the project is moving forward, and the cost to the City of Mounds
View has not yet been determined. He stating dispatching services are currently contracted
through Ramsey County. He stated that staff recommends submitting a letter to Ramsey County
stating that we would like the current level of service to continue.
Mayor Linke and Council Member Marty stated the letter looks good, but to change the date, and
send it.
M. First Reading and Introduction of Ordinance No. 740 to Amend Chapter
907.06 Entitled “Storm Water” in the Mounds View City Code.
Public Works Director Lee stated he would like to amend Subd. 5 to be $100.
MOTION/SECOND. Gunn/Stigney. To waive the reading and approve the first reading of
Ordinance No. 740, with Subd. 5 amended to $100.
Ayes-5 Nays-0 Motion carried.
11. APPROVAL OF MINUTES
A. City Council Minutes May 24, 2004
MOTION/SECOND: Gunn/Stigney. To Approve the City Council Minutes for May 24, 2004.
Ayes – 5 Nays – 0 Motion carried.
12. REPORTS
A. Reports of Mayor and Council.
Council Member Marty stated the Festival of the Parks Golf Tournament would be August 14th
and they are sending out flyers. He stated Friendly Chevrolet is going to sponsor a Hole in One
Contest for a car.
Council Member Gunn stated forms are available at the Community Center for the Fun Run, with
a pancake breakfast following.
Mayor Linke suggested providing the Council with 11” x 17” photocopies of plan sets from now
on in the packets supplied to Council members.
Mayor Linke discussed being the Parade Marshal at the Spring Lake Park parade yesterday, and
congratulated them on a well-run festival.
B. Staff
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Regular Meeting Page 15
City Clerk/Administrator Ulrich stated the Administrators Digest was on their desks, and he
pointed out that July 22nd is the potential date for a joint meeting with Blaine and Spring Lake
Park Fire Departments, and they could also perhaps talk about renaming County 10 that evening.
City Clerk/Administrator Ulrich stated June 17th at 6:30 there will be a meeting with MnDOT
and the cities of New Brighten and Arden Hills, to be held at the MnDOT Training Center off
County Road I. He stated the purpose of the meeting is to provide an understanding of the
decisions that need to be made relating to I-35W, I-694, Trunk Highway 10, and County Road
96. He stated also the intersection of County Road 10 and 96 in Arden Hills would be discussed.
C. City Attorney
No report.
13. Next Council Work Session: Tuesday, July 6, 2004
Next Council Meeting: Monday, June 28, 2004, 6:30 p.m.
14. ADJOURNMENT
Mayor Linke adjourned the meeting at 10:47 p.m.
Transcribed and recorded by:
Sheree Theobald
Timesaver Off Site Secretarial, Inc.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
July 12, 2004 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Linke, Marty, Stigney, and Gunn 16
17
NOT PRESENT: Quick. 18
19
4. APPROVAL OF AGENDA 20
21
Monday, July 12, 2004 City Council Agenda. 22
23
MOTION/SECOND: Marty/Stigney. To Approve the Monday, July 12, 2004 Agenda as 24
presented. 25
26
Ayes – 4 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
None. 39
40
8. JUST AND CORRECT CLAIMS. 41
42
Council Member Marty inquired on page 7, Item 113813, what the bottled water cooler and 43
dehumidifier were for. 44
45
Mounds View City Council July 12, 2004
Regular Meeting Page 2
Public Works Director Lee stated the water cooler at Public Works no longer functioned and had 1
to be replaced. He stated the humidity at the Sanitary Sewer Lift Station was causing the control 2
panels to fail, so the humidifier had been replaced. 3
4
Council Member Marty asked whether that was a heavy duty humidifier, and Public Works 5
Director Lee stated that it was. 6
7
Council Member Stigney asked why city water couldn’t be used in the water coolers rather than 8
purchased water. 9
10
Public Works Director Lee stated that they felt it was cheaper to purchase water for the water 11
cooler than to have to provide a refrigerator in which to place bottled water. 12
13
Council Member Stigney stated he objected to purchasing water for the water cooler, and Public 14
Works Director Lee stated he actually didn’t know whether they were purchasing it or refilling 15
the bottles, but he would check into it. 16
17
Council Member Marty asked what the third item on page 10 was, and Charlie Hansen stated it 18
was probably a herbicide for the golf course. 19
20
Council Member Marty questioned what the fence was for at the Mounds View Manufactured 21
Homes on page 12, Item 113846, and Public Works Director Lee stated it was for repair of a 22
fence that was damaged by a snowplow. 23
24
Council Member Marty questioned the expenditure at page 14, Item 113865, Stockyard Days, 25
Hole Sponsorship, for $100. Charlie Hansen stated that it was a reciprocal hole sponsorship, and 26
it basically evened out. Councilmember Marty stated he was aware that they had in the past, but 27
that nothing had been received from them yet this year. 28
29
Council Member Marty noted that the total Kennedy & Graven expense was $9,854, and he 30
asked why only $4,900 had been invoiced to Pro Craft Homes. 31
32
Mayor Linke stated that this had been covered before, and it was because the City covers half and 33
Pro Craft Homes covers half. 34
35
Council Member Stigney asked on page 12, YMCA, what the difference was between contractual 36
recreation and other professional services. He asked if it were four quarters of that. Charlie 37
Hansen stated it is a quarterly amount, so it would be four times that amount. He stated it was 38
simply carried forward from past budgets. 39
40
Mayor Linke asked staff to check on the item at page 9, under Kennedy & Graven, Charter 41
Commission, for $1,415. He felt the Charter Commission has a set amount they can spend until 42
they have to come in for some kind of approval. 43
44
Council Member Marty stated he thought it was $1,200. 45
Mounds View City Council July 12, 2004
Regular Meeting Page 3
Mayor Linke stated this was the fourth time he had seen Charter Commission on their billings 1
this year, and he wants staff to double check on that. 2
3
Council Member Stigney stated he didn’t believe this was an expenditure made by the Charter 4
Commission. He stated it was an expenditure being charged to them by Kennedy & Graven for 5
reviewing the Charter Amendments. 6
7
Mayor Linke asked why the printing cost of $3,100 on page 13 was so high. Public Works 8
Director Lee stated that it was the Annual Consumer Competence Report. 9
10
MOTION/SECOND: Marty/Gunn. To approve Just and Correct Claims as presented. 11
12
Ayes-4 Nays -0 Motion carried 13
14
9. CONSENT AGENDA 15
16
A. Licenses for Approval 17
B. Set a Public Hearing for Monday, July 26, 2004 at 7:05 PM to Consider a 18
Conditional Use Permit Request for an Oversized Garage at 7806 Gloria 19
Circle. 20
C. Resolution 6300 Rescinding Resolution No. 6203 and Authorizing the 21
Preparation of a Request For Proposal (RFP) for Work Associated with 22
Preparing a Site Plan, Construction Plans, and Specifications for the 23
Groveland Park Building Replacement Project. 24
D. Resolution 6303 Approving 2004-2005 Labor Agreement with AFSCME. 25
E. Set a Public Hearing for Monday, July 26, 2004 at 7:10 PM to Consider the 26
Second Reading and Adoption of an Ordinance to Vacate Easements 27
Associated with the CVS Development at 2800 County Road 10. 28
F. Set a Public Hearing for Monday, August 9, 2004 at 7:05 PM to Consider the 29
First Reading and Introduction of an Ordinance to Adopt the Long Range 30
Financial Plan for 2004. 31
32
Council Member Marty requested to have Item C removed. 33
34
Mayor Linke requested to have Item E removed. 35
36
MOTION/SECOND: Marty/Gunn. To Approve Consent Agenda Items A, B, D, and F and 37
waive the reading. 38
39
Ayes –4 Nays – 0 Motion carried. 40
41
C. Resolution 6300 Rescinding Resolution No. 6203 and Authorizing the 42
Preparation of a Request For Proposal (RFP) for Work Associated with 43
Preparing a Site Plan, Construction Plans, and Specifications for the 44
Groveland Park Building Replacement Project. 45
Mounds View City Council July 12, 2004
Regular Meeting Page 4
1
Council Member Marty said he wanted to publicly state that he is not in approval of spending 2
this money on a cinderblock building. He stated that in reviewing the minutes from the last 3
meeting, there were a number of issues raised, and none of these issues had been answered in the 4
report. 5
6
Public Works Director Lee stated the issues were not addressed because the contract was 7
rejected, and this was a request to get proposals from other engineering and architectural firms. 8
9
MOTION/SECOND: Marty/Stigney. To waive the reading and approve Resolution 6300 10
Rescinding Resolution No. 6203, and Authorizing the Preparation of a Request for Proposal 11
(RFP) for Work Associated with Preparing a Site Plan, Construction Plans, and Specifications 12
for the Groveland Park Building Replacement Project. 13
14
Ayes-4 Nays-0 Motion carried. 15
16
E. Set a Public Hearing for Monday, July 26, 2004 at 7:10 PM to Consider the 17
Second Reading and Adoption of an Ordinance to Vacate Easements 18
Associated with the CVS Development at 2800 County Road 10. 19
20
Council Member Stigney stated he had pulled this item to note that the revised ordinance 21
vacating the easements was on the Council members desks. 22
23
MOTION/SECOND. Stigney/Marty. To set a Public Hearing for Monday, July 26, 2004 at 7:10 24
PM to Consider the Second Reading and Adoption of an Ordinance to Vacate Easements 25
Associated with the CVS Development at 2800 County Road 10. 26
27
Ayes-4 Nays-0 Motion carried. 28
29
10. COUNCIL BUSINESS 30
31
A. Presentation by MMKR of the 2003 Annual Financial Report and Resolution 32
6305 Accepting the Annual Financial Report for the Year Ending December 33
31, 2003. 34
35
Finance Director Hansen noted some changes that had been made from prior years in the Audit. 36
37
Aaron Neilson, Audit Manager of MMKR, went through the audit with the Council. 38
39
Mayor Linke quoted from the audit as follows: “In 1997 residential homesteads made up 67 40
percent of the total market value and accounted for 41 percent of the tax capacity. For 2003, 41
residential homesteads still represent 67 percent of the market values, but are responsible for 55 42
percent of the tax capacity.” He stated that those were changes that were made at the Capitol, 43
and that is the reason for the taxes going up, and not because of anything the City Council has 44
done. 45
Mounds View City Council July 12, 2004
Regular Meeting Page 5
Council Member Marty asked if the reduction in class rates for apartments and similar properties 1
that was approved in the 2001 tax bill included condos and townhomes. 2
3
Mr. Neilson stated he would have to follow up on that as he wasn’t sure what they were 4
including. 5
6
Council Member Marty stated Scotland Green is one of the largest apartment buildings, but they 7
have condominium or townhome association classification, and he was wondering how this 8
impacts along with the reduction in apartment taxes. 9
10
Mr. Neilson stated he would have to check into that, and he would pass that information along to 11
Finance Director Hansen. 12
13
Council Member Stigney had a question on the table on page 4, where it says, “Property tax, City 14
of Mounds View, $208,” whether that reflected all of those that live in TIF Districts. 15
16
Mr. Neilson stated it doesn’t separate by location of where an individual lives; it’s simply by 17
revenues generated in total. 18
19
City Clerk/Administrator Ulrich stated properties in TIF Districts continue to pay taxes the same 20
as any other household does. 21
22
Council Member Marty stated the money from residents in TIF Districts is still coming back to 23
the City, but there are limitations as to where it can be spent, and it is not put into the General 24
Fund. 25
26
Council Member Stigney said they could discuss the issue at their next work session. 27
28
Mayor Linke wanted to bring the following quote to the public’s attention: “The amount of 29
required equity increases as the size of the operation increases. Increase in the size of the 30
operation is natural, caused by such things as inflation, population growth, desired increases in 31
services, and mandated increases in services and administrative requirements by the state of 32
Minnesota or by the federal government.” He stated they are mandating things for them to do 33
without giving the City funds with which to do it. 34
35
Council Member Marty asked whether all deposits by the City were now being insured, and 36
Finance Director Hansen replied that they were. 37
38
MOTION/SECOND. Marty/Stigney. To waive the reading and approve Resolution 6305, 39
Accepting the Annual Financial Report for the Year Ending December 31, 2003. 40
41
Ayes-4 Nays-0 Motion carried. 42
43
Mounds View City Council July 12, 2004
Regular Meeting Page 6
B. Resolution 6301 Holding a Public Improvement Hearing, Ordering the 1
Project, Approving Plans and Specifications, and Setting a Bid Date for the 2
Mounds View Manufactured Home Community Second Access Project. 3
4
Mayor Linke opened the public hearing at 7:50 p.m. 5
6
Public Works Director Lee stated that on May 4, 2004 the City secured a CDBG Grant for the 7
purpose of installing a second access at the Mounds View Manufactured Home Community in 8
the amount of $30,000. He stated on June 14th the City Council had authorized the plans and 9
specifications for this project, as well as setting tonight’s public hearing. He stated the plans and 10
specifications have been completed. 11
12
Public Works Director Lee stated that based on those plans and specifications, the estimated 13
construction cost is about $4,600 less than what had been estimated at the time that the feasibility 14
report had been put together. 15
16
Public Works Director Lee stated that the Council could either table the matter, terminate it, or 17
approve the Resolution. He stated that should the Council choose to proceed with the project, 18
staff recommends adopting Resolution 6301, which would order the project, etc. 19
20
Tom Thomalla, 2127 Bronson Drive, asked the Council whether there would be a street light at 21
that intersection and a no parking sign posted along the curb on Raymond Avenue and Belle 22
Lane. 23
24
Mayor Linke stated there was not a street light scheduled as of this time. 25
26
Public Works Director Lee stated neither were in the plans at this time, but that could be changed 27
based on the Council’s direction. 28
29
Mr. Thomalla requested the Council approve a street light and no parking signs in the 30
aforementioned locations. 31
32
Mayor Linke stated Mr. Thomalla could get a petition from the Public Works Director for the 33
installation of a street light and proceed with getting signatures. 34
35
Mr. Thomalla asked if other options had been explored, and Mayor Linke addressed a few 36
options that had been considered. 37
38
Mr. Thomalla asked the Council if the City would pay for the cost of a variance and permit for 39
him to build a privacy fence if this project would go forward. Mayor Linke stated that he would 40
vote against that. 41
42
Council Member Marty stated the matter could be brought before the Planning Commission to 43
determine if there was a hardship, and if the Planning Commission did not find a hardship, it 44
could be appealed to the City Council. 45
Mounds View City Council July 12, 2004
Regular Meeting Page 7
1
There was a discussion regarding the storm water sewer line, and Public Works Director Lee 2
stated that it would be corrected later this fall under a separate storm sewer project. 3
4
Mayor Linke closed the public hearing. 5
6
MOTION/SECOND. Marty/Stigney. To waive the reading and approve Resolution No. 6301, 7
Hold a Public Improvement Hearing, Ordering the Project, Approving Plans and Specifications 8
and Setting a Bid Date for the Mounds View Manufactured Home Community Second Access 9
Project. 10
11
Council Member Gunn stated she would like the issues of the street light and the no parking 12
signs to go along with this project. 13
14
Mayor Linke stated the petition process would need to be gone through regarding the street light, 15
but that it would be a good idea to look at the no parking sign issue. 16
17
Ayes-4 Nays-0 Motion carried. 18
19
C. Consider a Request from 2300 Laport Drive Regarding Use of City Property. 20
21
Planning Associate Prososki stated that the property owner of 2300 Laport planted a garden in 22
the City right-of-way across from his home and has requested the City approve his use of the 23
land. 24
25
Council Member Gunn stated she was in favor of allowing the request because it was more 26
aesthetically pleasing. 27
28
Mayor Linke asked how the garden had come to the City’s attention, and Director Ericson stated 29
another resident had reported it to the City. Director Ericson also stated there would be the risk 30
of ruining someone’s garden during mowing. 31
32
Council Member Marty stated his concern over setting a precedent in this regard. 33
34
Council Member Stigney stated he didn’t have any objection to the garden remaining for the rest 35
of this summer, but didn’t feel it should be there in the long term. 36
37
Mayor Linke stated he agreed with Council Member Stigney. 38
39
Council Member Gunn stated she was in agreement with Council Member Stigney’s suggestion. 40
41
Director Ericson asked if the Council wanted the fees associated with drafting this limited use 42
agreement to be passed onto the applicant. 43
44
Mounds View City Council July 12, 2004
Regular Meeting Page 8
Mayor Linke stated that he did want the fees to be passed onto them, and the applicant could 1
decide whether they wanted to pay for it or not. If they didn’t, then they would need to plow the 2
garden under. 3
4
MOTION/SECOND. Marty/Stigney. To approve a request from 2300 Laport Drive 5
regarding the use of city property for this year only and to pay the associated staff 6
and attorney fees for drafting the limited use agreement. 7
8
Ayes-4 Nays-0 Motion carried. 9
10
D Appoint Council Representatives to I-35W Visioning Task Force. 11
12
Council Members Marty and Gunn volunteered to be on the Task Force. 13
14
MOTION/SECOND: Linke/Stigney. To appointment Council Members Marty and Gunn as 15
Council Representatives to the I-35W Visioning Task Force. 16
17
Ayes –4 Nays – 0 Motion carried 18
19
E. Introduction and First Reading of Ordinance 744, an Ordinance Vacating 20
Easements Associated with the CVS Development at 2800 County Road 10. 21
22
Director Ericson stated this is a request generated from the CVS platting and redevelopment at 23
the corner of Silver Lake Road and County Road 10. He stated that there was an easement that 24
would run through the building as currently proposed that needs to be vacated along with a 25
couple of other easements. He stated there was a roadway easement dedicated back in 1965, and 26
the City has no intention of putting a street in this area. 27
28
\MOTION/SECOND. Marty/Gunn. To waive the reading and approve the First Reading of 29
Ordinance 744, an Ordinance Vacating Easements Associated with the CVS Development at 30
2800 County Road 10. 31
32
Ayes-4 Nays-0 Motion carried. 33
34
F. Consider Revised Lease Agreement for the Twin Cities North Chamber of 35
Commerce and the Mermaid Entertainment and Event Center. 36
37
Council Member Marty stated he saw no reason to change the lease at the present time. 38
39
Mayor Linke stated basically the only reason they were doing this was to placate Ramsey County 40
with the taxes. 41
42
City Clerk/Administrator Ulrich stated the tax liability for the Chamber space would be $1,089 43
for the full year. He stated that the County had indicated that based on the fact that they planned 44
Mounds View City Council July 12, 2004
Regular Meeting Page 9
on entering into a new contract with a new lease as of January 1, 2005, the tax exempt status 1
would likely hold for 2005. 2
3
City Clerk/Administrator Ulrich stated he had attached a letter from the Mermaid indicating their 4
need to be compensated for leasehold improvements to the Chamber’s space in the amount of 5
$10,260. He stated that Staff is recommending to take no action at this point because it did not 6
appear that they needed to negotiate with the Mermaid at this time for those leasehold 7
improvements in order to get the tax exemption. 8
9
Mayor Linke stated the Mermaid did do some leasehold improvements, and they should be 10
reimbursed for that, but they should table the issue until they figured out exactly what was going 11
on there. He asked if a motion was needed to table. 12
13
Council Member Marty stated there was no need for a motion. 14
15
G. Trunk Highway 10 Noise Wall/Berm Project: Resolution 6302 Authorizing 16
the Preparation of Final Plans and Specifications, and Submittal of a Letter 17
to Mn/DOT Requesting the Installation of a Noise Abatement Wall in the 18
Arden Park Area. 19
20
MOTION/SECOND. Gunn/Marty. To waive the reading and approve Resolution 6302 as 21
presented. 22
23
Ayes-4 Nays-0 Motion carried. 24
25
H. First Reading and Introduction of Ordinance 745, an Ordinance Amending 26
Chapter 1204 Relating to Park Dedications. 27
28
Director Ericson stated the Ordinance represented the same language that was originally 29
presented to the Council. He stated there was some confusing language on the second page, but 30
it would be later clarified. 31
32
Council Member Marty suggested they postpone the matter until the language had been clarified. 33
34
Mayor Linke stated it could be done by the Second Reading. 35
36
MOTION/SECOND. Marty/Stigney. To waive the reading and approve the Introduction of 37
Ordinance 745, an Ordinance Amending Chapter 1204 Relating to Park Dedications. 38
39
Ayes-4 Nays-0 Motion carried. 40
41
I. County Road H Sidewalk Project, Change Order No. 1 – Resolution No. 6304 42
Authorizing the Installation of Concrete Curb along the North Side of 43
County Road H. 44
45
Mounds View City Council July 12, 2004
Regular Meeting Page 10
Mayor Linke stated the asphalt is basically falling apart. 1
2
Council Member Marty commented that the staff report was very well written. 3
4
MOTION/SECOND. Marty/Gunn. To waive the reading and approve Resolution No. 6304, 5
Authorizing the Installation of Concrete Curb along the North Side of County Road H. 6
7
Ayes-4 Nays –0 Motion carried. 8
9
Dan Hall, owner of the Mermaid, asked if he could address the Council. He stated he wished to 10
receive a letter from City Clerk/Administrator Ulrich explaining to him the situation of putting 11
off the re-writing of the contract, which was requested by the City of Mounds View, not by him. 12
He stated he knows the City Council does not want the Mermaid there, and that the handwriting 13
is on the wall. 14
15
Mr. Hall expressed his strong dissatisfaction with his dealings with the City of Mounds View, 16
and he wants his money back. He stated his dissatisfaction with having a business located in 17
Mounds View. 18
19
Mayor Linke asked City Clerk/Administrator Ulrich to pull up the contract and go to the part 20
where it says the City has the right to RFP if they choose. 21
22
Mr. Hall began to shout, and Mayor Linke asked him to leave. 23
24
11. APPROVAL OF MINUTES 25
26
A. City Council Minutes June 28, 2004. 27
28
Council Member Marty made a correction to page 5, line 30, to add the words “more than” 29
before $23,000 to $24,000. 30
31
MOTION/SECOND. Marty/Stigney. To approve the June 28, 2004 City Council Minutes as 32
amended. 33
34
Ayes-4 Nays-0 Motion carried. 35
36
12. REPORTS 37
38
A. Reports of Mayor and Council. 39
40
Council Member Gunn stated they were looking for participants to run in the Fun Run during the 41
Festival in the Park on August 22nd. 42
43
Council Member Marty stated the Festival in the Park Golf Tournament is being held on August 44
14th, and that registrations are available at the Bridges Golf Course. 45
Mounds View City Council July 12, 2004
Regular Meeting Page 11
1
Council Member Marty stated that expenses and revenues were covered at the YMCA Executive 2
Meeting today. He stated the quality of the report was very good. He stated he would like to 3
share this with the Council in the near future when the agenda was not too heavy. He stated an 4
issue had been raised regarding water leakage from the drinking fountain in the gym area because 5
someone had ripped it out of the wall. He stated the redoing of the floor was going to finished 6
this week, and he wanted to eliminate the drinking fountain so that there wouldn’t be any damage 7
to the floor in the future. 8
9
Council Member Gunn stated it was an asset to keep the drinking fountain because you can’t 10
leave the game during tournaments in there. 11
12
Council Member Marty asked if staff could be directed to look into the situation. 13
14
Mayor Linke stated one of the things that needed to be looked at is the public code requirement 15
for drinking fountains. 16
17
Council Member Marty stated they had not yet received the corrected Minutes from June 14th 18
City Council meeting. The Minutes Secretary stated she had sent them in, and Council Member 19
Marty directed City Clerk/Administrator Ulrich to check into it. 20
21
Mayor Linke stated that the contract with Elegant Times was an interim contract, and if anyone 22
has an argument with it, they can go re-read the Minutes of the City Council meetings regarding 23
the issue. He stated that he had heard from several sources that the Mermaid is not taking 24
reservations for next year, and he would like to direct staff to review the contract that they have 25
with them, and if necessary, have the attorney review it, to check to see if they are in breach of 26
that contract. 27
28
City Clerk/Administrator Ulrich stated the information they had was that somebody wanted to 29
book for 2005, and the interim contract ends in 2004, so the question is whether their 30
responsibility is to continue booking it. 31
32
B. Staff 33
34
Director Ericson stated in February the Council authorized the distribution of an RFP to do a 35
hydrology and land delineation in the Spring Creek area. This was completed and sent out to 36
area consultants, and they have received five responses back, and it will be on the next City 37
Council agenda. 38
39
C. City Attorney 40
41
None. 42
43
Mounds View City Council July 12, 2004
Regular Meeting Page 12
Mayor Linke left the Council meeting. Mayor Linke excused himself due to the conflict of 1
interest he had with Innovative Images. 2
3
1. Report on Innovative Images Contact Issue. 4
5
City Clerk/Administrator/Administrator Ulrich stated the City Attorney had had a family 6
emergency so he couldn’t be available to present this issue. He stated Mr. Linke is acting as a 7
vice president of the corporation, and he is making a request to have some compensation for a 8
contract that Innovative Images previously had with the City of Mounds View. 9
10
City Clerk/Administrator Ulrich stated on April 12th the City Council had referred the matter, 11
based on the City Attorney’s advice, to the Minnesota Attorney General, to answer the question 12
of whether a mayor could bring such an action. On June 23rd the City received a response from 13
the Attorney General stating that the mayor could bring such an action because the original 14
contract was signed prior to Mr. Linke taking office and the City can work within the old 15
agreement to settle this difference. 16
17
City Clerk/Administrator Ulrich stated Mr. Linke is seeking compensation for two issues. He 18
stated it would take a significant amount of time to litigate. He stated litigation costs could easily 19
exceed what the claimant would accept as a settlement, but that he did not know what that 20
amount was at this point. He stated the City’s insurance generally does not cover contract 21
claims. He stated an alternative could be binding or nonbinding arbitration to settle the matter. 22
23
Council Member Stigney stated he felt they shouldn’t do anything at this point because the City 24
had made an offer in settlement of the contract, and he didn’t know whether that had been 25
rejected by the Linkes or not. 26
27
City Clerk/Administrator Ulrich stated there was an offer pending on the table. 28
29
Council Member Gunn asked what they were asking for. 30
31
Council Member Marty stated they wanted to be paid a percentage of their future bookings. 32
33
There was a discussion over the settlement with Elegant Times. 34
35
Council Member Marty discussed his concern over the large legal fees they had incurred with 36
Kennedy & Graven for legal contracts. He stated he would like to see this matter go to 37
arbitration. 38
39
City Clerk/Administrator Ulrich stated that people have said that arbitration would be a good way 40
to go in this situation. 41
42
Council Member Gunn cited that the Minnesota Attorney General had stated that they knew of 43
no principle of law that would summarily strip a person of otherwise legitimate preexisting legal 44
Mounds View City Council July 12, 2004
Regular Meeting Page 13
claims against a city merely because the person subsequently becomes a member of the 1
governing body. 2
3
Council Member Stigney asked whether they would still require legal representation at an 4
arbitration, and City Clerk/Administrator Ulrich stated that they would. 5
6
Council Member Stigney stated he felt it would be premature to do anything until the City 7
received a lawsuit from the Linkes. 8
9
Council Member Marty asked if they could still arbitrate if a lawsuit was received, and City 10
Clerk/Administrator Ulrich stated that they could still agree to arbitrate. 11
12
Council Member Marty asked if they could continue this issue until the next meeting when the 13
City Attorney could be present. 14
15
Council Member Stigney felt it would be good if the City Administrator would discuss the matter 16
with the City Attorney. 17
18
MOTION/SECOND. Marty/Stigney. To continue the matter until the next City Council meeting 19
to get the City Attorney’s opinion. 20
21
There was a discussion regarding Kennedy & Graven’s legal fees. 22
23
Ayes-3 ` Nays-0 Motion carried. 24
25
13. Next Council Work Session: Monday, August 2, 2004 26
Next Council Meeting: Monday, July 26, 2004 27
Special Joint Council Meeting: Thursday, July 22, 2004 28
at Blaine City Hall, 6:00 pm. 29
30
14. ADJOURNMENT 31
32
Acting Mayor Marty recessed the meeting at 9:22 p.m. to return to a closed session to discuss 33
labor negotiations. 34
35
Transcribed and recorded by: 36
37
38
Sheree Theobald 39
TimeSaver Off Site Secretarial, Inc. 40
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Executive Session 5
Date: 07/12/04 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
Time: 6:00 pm 9
10
11
1. 6:00 pm EXECUTIVE SESSION IS CALLED TO ORDER 12
13
2. ROLL CALL: Linke, Marty, Stigney, and Gunn 14
15
3. REVIEW THE CITY’S WATER VULNERABILITY ASSESSMENT 16
REPORT 17
The City Council reviewed the City’s initial Water Vulnerability 18
Assessment Report with the City Engineer and consultants from 19
BRAA. 20
21
4. RECESS 22
The City Council recesses the Executive Session in order to attend 23
the regular Council meeting. 24
25
5. RE-ADJOURN 26
The City Council re-adjourned the Executive session at 9:30pm. 27
28
6. UNION NEGOTIATIONS 29
The City Council and City Administrator Ulrich discussed current 30
union negotiations. 31
32
4. 10:07 pm MEETING ADJOURNED 33
34
35
36
Respectfully Submitted: 37
Kurt Ulrich 38
City Administrator 39