HomeMy WebLinkAboutAgenda Packets - 2004/08/09CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, August 9, 2004
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full
name and address for the minutes. Also, please limit your comments to three minutes.
6. CITY BUDGET QUESTIONS AND COMMENTS:
Citizens may speak to issues regarding the City Budget. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
7. SPECIAL ORDER OF BUSINESS
A. Resolution 6321, A Resolution of Appreciation for the service of Deputy Chief Tim Brennan to the City
of Mounds View.
8. JUST AND CORRECT CLAIMS
9. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for August 23, 2004 at 7:25pm for the Second Reading and Adoption of Ordinance 750,
Vacating Easements Relating to the Hidden Hollow Final Plat
C. Resolution 6329 Authorizing the Execution of the Agreement with the Festival in the Park of Mounds View for
the 2004 Festival in the Park Event.
D. Resolution 6330 Approving Application to Conduct Excluded Bingo at the Festival in the Park of Mounds
View for the 2004 Festival in the Park Event
E. Cancel 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.
F. Cancel a Public Hearing for August 23, 2004, at 7:10pm for the Second reading of Ordinance 743, Amending
Chapter 5 of the City Charter and reschedule the Public Hearing for September 13, 2004 at 705pm.
G. Set a Public Hearing for September 13, 2004 at 7:10pm for a Second Reading of Ordinance 742, Amending
Section 2.06, Mayor’s Powers and Duties, of the City Charter.
H. Set a Public Hearing for September 13, 2004 at 7:15pm for a Second Reading of Ordinance 748, Amending
Section 4.05, Vacancy of Municipal Elected Office, of the City Charter.
I. Set a Public Hearing for September 13, 2004, at 7:20pm for a Second Reading of Ordinance 749, Amending
Section 9.01, Acquisition of Property, of the City Charter.
J. Establish Executive Session Immediately Following the EDA Meeting to Consider Union Contract
Negotiations
K. Resolution 6324 Approving Change Order No.1 of the 2003 Street Improvement Project - Authorizing the
Installation of Storm Water Quality Devices
L. Resolution 6325 Approving a Contract Award for the 2004 Storm Sewer Rehabilitation Project
M. Resolution 6326 Approving a Contract Award for the 2004 to 2007 Sanitary Sewer Root Abatement Project
N. Resolution 6328 Approving the Velmeir CVS Project Development Agreement
City Council Minutes
August 9, 2004
Page 2
10. COUNCIL BUSINESS
A. 7:05 PM Public Hearing to Consider the First Reading and Introduction of Ordinance 751, Adopting the
Long Range Financial Plan for 2004.
B. 7:20PM Public Hearing to Consider a Conditional Use Permit Request for Outdoor Storage at 2159
Mustang Drive
C. 7:25PM Public Hearing to Consider a Variance Request for a Thirty-six Foot Wide Curb Cut at 7090
Silver Lake Road
D. Introduction and First Reading of Ordinance 750, Vacating Easements Related to Hidden Hollow Final
Plat
E. Resolution 6318 approving the contract with The City of New Brighton, and The Mounds View School
District to partially fund the New Brighton Police School Resource Officer at Irondale for the 2004-2005
school year.
F. Resolution 6332, Approving the 2004 Mounds View Employee Suggestion Program.
G. Resolution 6307 Revising Section 3.25(D) of the Mounds View Personnel Policy Regarding
Compensatory Time.
H. Resolution 6320 Approving the Renewal of the 2004-2005 School Resource Officer Agreement
Between the Cities of Mounds View and New Brighton and ISD#621
I. Resolution 6323 Adjusting the Assessment Role for the 2003 Street Improvement Project – Driveway
Apron Deletions
J. Resolution 6327 Approving a Contract Award with Xcel Energy for the Street Light Replacement
Program
K. Resolution 6331 Approving the Selection of a Manager for the Mounds View Banquet Center beginning
January 1, 2005 and to Authorize Staff to Finalize a Management, Catering and Food Service
Agreement
11. APPROVAL OF MINUTES
A. June 14, 2004 City Council Meeting.
B. July 26, 2004 City Council Meeting
12. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Finance Quarterly Report
C. Reports of City Attorney
13. Next Council Work Session: Monday, August 23, 2004 at 6pm (Special Work Session)
Next Council Meeting: Monday, August 23, 2004 at 7pm
RESOLUTION NO. 6321
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO DEPUTY CHIEF TIM BRENNAN
WHEREAS, Tim Brennan has served on the Mounds Police
Department since 1980 and he will be leaving the Mounds View Police
Department to accept the Position of Chief of Police with the Fergus Falls Police
Department; and;
WHEREAS, During his nearly 25 years of service Mr. Brennan has
held the positions of: Patrol Officer, DARE officer, Investigator, Deputy Police
Chief, and Acting Police Chief, and;
WHEREAS, Mr. Brennan has gained the respect and gratitude of
those who have had the privilege of working with him on the Police Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Deputy Police Chief Tim Brennan for his 24 -1/2
years of dedicated and devoted service on the Mounds View Police Department.
Adopted this 9th day of August 2004.
ATTEST:
Mayor Jerry Linke
Council member Quick Council member Stigney
Council member Gunn Council member Marty
City Administrator Ulrich
Item No: 09A
Meeting Date: August 9, 2004
Type of Business: CA
City Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Administrative Assistant
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will
expire on December 31, 2004. All applicants have submitted appropriate fees and proof
of insurance. Those companies that are “new” include applicants that have never been
licensed with the City or they may have been licensed with the City in the past, but were
not licensed in 2003. Those companies renewing their license were licensed, at a
minimum, in the year 2003. The type of license they are applying for follows the
company name.
Accent Service Plumbing – HVAC – New
All Tree Service – Tree Trimming/Removal – New
Dahl Heating & Air Conditioning – HVAC – New
Grant Utilities – Sewer/Water - New
Hoffman Corner Heating & Air Conditioning – HVAC – Renewal
Hussman Corporation – HVAC - New
Watson’s – Swimming Pool – New
Staff Recommendation: Approve license applications as requested.
Respectfully submitted,
Barbara Benesch
Item No. 9M
Meeting Date: August 9, 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. 6326 Approving a Contract Award
for the 2004 to 2007 Sanitary Sewer Root
Abatement Project
Background:
Annually, the City budgets funds to finance root removal in the City’s sanitary
sewer system. This program was started several years ago to address problem
areas where roots have grown into the sewer pipes and significantly reduced
their capacity.
Discussion:
The City physically removes the roots by sawing them with a special circular saw.
Bids are then received and a contractor is hired to chemically treat the inside of
the pipe to prevent continued root growth (foam treatment).
For the last four years the City has contracted annually with Duke’s Root Control,
Incorporated. To take advantage of Duke’s current low bid prices and to save
administrative cost, Staff sought bids for the next four years.
The Public Works Department solicited bids from several companies. As of this
date, a total of three (3) bids have been received.
A summary of the bids / quotes as follows:
Year
2004 2005 2006 2007 Total
Mr. Rooter
Price per foot $2.06 $2.13 $2.20 $2.27 $86,600*
Visu-Sewer Clean & Seal Inc.
Price per foot $1.57 $1.57 $1.65 $1.65 $64,400*
Duke’s Root Control Inc.
Price per foot $1.01 $1.04 $1.07 $1.10 $42,200*
*Four-year totals are based on an estimated 10,000 linear feet of sanitary sewer
to be treated each year.
The low bidder was Duke’s Root Control, Inc. with a bid of $42,200.00 (based on
an estimated 10,000 linear feet of sanitary sewer to be treated each year).
Staff recommends that the contract be awarded to Duke’s Root Control in the
estimated amount of $42,200 for the 2004 to 2007 Sanitary Sewer Root
Abatement Projects. Duke’s Root Control has been awarded the Sanitary Sewer
Root Abatement Project for the last four years and has met or exceeded the
City’s specifications. Their bids were 50% less than the second lowest bidder and
over 100% lower than the third place bidder.
2004 Project
This year’s program will include sanitary sewer mains located under the following
roadways:
Manhole Number Manhole Number Road Linear Feet
8-647 8-646 County Rd H 375
8-646 8-645 County Rd H 175
8-645 8-680 Long Lake Rd 305
8-631 8-632 Greenwood Dr 185
8-635 8-634 Greenwood Dr 285
8-634 8-633 Greenwood Dr 300
8-627 8-633 Woodcrest Dr 325
8-625 8-626 Eastwood Rd 300
8-626 8-627 Eastwood Rd 300
8-629 8-628 Eastwood Rd 285
8-628 8-627 Eastwood Rd 300
9-623 9-622 Rainbow Ln 281
9-622 9-621 Rainbow Ln 298
9-617 9-615 Brighton Ln 282
9-616 9-614 Sunnyside Rd 250
9-578 9-577 Red Oak Dr 300
9-573 9-572 Red Oak Dr 320
1-66 1-67 Laport Dr 150
1-67 1-55 Laport Dr 245
1-47 1-46 Groveland Rd 250
1-72 1-71 Fairchild Ave 330
1-71 1-70 Fairchild Ave 225
1-70 1-56 Sherwood Rd 250
4-73 4-74 Fairchild Ave 350
2-114 2-113 Sunnyside Rd 250
2-113 2-112 Sunnyside Rd 200
2-112 2-127 Sherwood Rd 265
2-139 2-138 Eastwood Rd 325
2-136 2-135 Eastwood Rd 350
2-135 2-134 Eastwood Rd 280
8-662 8-658 Clearview Ave 301
8-658 8-657 Clearview Ave 301
8-666 8-665 Ridge Ln 293
8-665 8-664 Ridge Ln 300
8-671 8-670 Woodale Dr 250
8-670 8-671 Woodale Dr 350
8-668 8-672 Edgewood Dr 330
8-672 8-676 Edgewood Dr 400
8-673 8-675 Bona Rd 280
8-675 8-678 Bona Rd 280
8-682 8-680 Irondale Rd 280
8-680 8-677 Irondale Rd 285
Total 11986
The 2004 Sanitary Sewer Root Abatement Project is estimated to be $12,105.86.
The 2004 adopted budget has $15,000.00 allocated for root removal in the City‘s
sanitary sewer system (account 730-4823-5160).
Recommendation:
Staff recommends that the City Council approve a contract award to Duke’s Root
Control, Inc. in the estimated amount of $42,200 for the 2004 to 2007 Sanitary
Sewer Root Abatement Projects.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6326
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE CONTRACT AWARD FOR THE 2004 to 2007 SANITARY
SEWER ROOT ABATEMENT PROJECT
WHEREAS, the City annually budgets and received bids for root removal
in the City‘s sanitary sewer system; and
WHEREAS, for the last four years the City has contracted annually with
Duke’s Root Control, Incorporated; and
WHEREAS, to take advantage of Duke’s current low bid prices and to
save administrative costs, Staff sought bids for the next four years; and
WHEREAS, the Public Works Department solicited bids from several
companies; and
WHEREAS, a total of three (3) bids have been received; and
WHEREAS, the low bidder was Duke’s Root Control, Incorporated in the
estimated amount of $42,200.00 (per foot prices of: $1.01 for 2004, $1.04 for
2005, $1.07 for 2006, and $1.10 for 2007); and
WHEREAS, Duke’s Root Control has been awarded the Sanitary Sewer
Root Abatement Project for the last four years and has met or exceeded the
City’s specifications; and
WHEREAS, the 2004 adopted budget has $15,000.00 in funds allocated
for root removal in the City‘s sanitary sewer system (account 730-4823-5160).
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City
Council does hereby approve a contract award to Duke’s Root Control,
Incorporated in the estimated amount of $42,200 for the 2004 to 2007 Sanitary
Sewer Root Abatement Projects.
Adopted this 9th day of August 2004.
(ATTEST) ____________________________________
Jerry Linke, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No: 9N
Meeting Date: August 9, 2004
Type of Business: Consent
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kristin Prososki, Planning Associate
Item Title/Subject: Consideration of the Velmeir CVS Project
Development Agreement
Introduction:
The City Council approved the final plat for the Velmeir CVS Project on June 28, 2004. One
of the conditions of approval is that Velmeir enter into a Development Agreement with the
City. Velmeir will be constructing a CVS Pharmacy on the corner of County Road 10 and
Silver Lake Road at the former Amoco site.
Discussion:
The Development Agreement with the City is required in order to ensure the orderly
development of the property and to ensure certain conditions of the development are
followed. The Agreement, which was not available at the time of the final plat approval, has
been completed and is attached for the Council’s consideration. The Agreement has been
drafted based on standard development agreement language provided by the City Attorney.
Recommendation:
Approve Resolution 6328, which approves the Development Agreement for the Velmeir
CVS Project and authorizes execution by the Mayor and City Administrator.
Respectfully submitted,
Kristin Prososki
Planning Associate
Attachments:
1. Resolution 6328
2. Development Agreement
RESOLUTION NO. 6328
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH
TVC MOUNDSVIEW, LLC, FOR A COMMERCIAL DEVELOPMENT AT 2800
COUNTY ROAD 10
WHEREAS, the City Council approved Resolution 6270 on May 24, 2004, approving a
Development Review and approved Resolution 6294, approving the final plat for The Velmeir
Companies, LLC, for a proposed commercial development located at 2800 County Road 10; and,
WHEREAS, the development property is zoned B-3, Highway Business, and is legally
described as follows:
Lot 2, Block 1
Velmeir CVS Addition
hereinafter referred to as the “Property;” and,
WHEREAS, Resolution 6294 stipulates that TVC Moundsview, L.L.C. (Velmeir) enter
into a Development Agreement with the City to ensure the orderly development of the Property;
and,
WHEREAS, the approved development will not involve the construction of any public
utilities or public streets; and,
WHEREAS, the Development Agreement, attached as Exhibit A, in addition to ensuring
for the orderly development of the Property, requires that Velmeir construct a trail, as shown on
the site plan date stamped June 30, 2004.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves
the attached Development Agreement and authorizes the Mayor and the City Administrator to sign
the Agreement on the City’s behalf.
Adopted this 9th day of August, 2004.
______________________________________
Jerry Linke, Mayor
ATTEST:
______________________________________
Kurt Ulrich, City Clerk/Administrator
(SEAL)
VELMEIR CVS PROJECT
DEVELOPERS AGREEMENT
THIS AGREEMENT is made this ______ day of August, 2004, by and between the
CITY OF MOUNDS VIEW, a Minnesota municipal corporation, the "City", and TVC
Moundsview, L.L.C., a limited liability company (the "Developer").
Recitals
A. The Developer is the fee owner of certain real estate located in Ramsey
County, Minnesota, legally described as
(See EXHIBIT A)
(hereinafter referred to as the "Property").
B. The Developer shall plat the Property consistent with the final plat of Velmeir
CVS Addition approved by the City Council in Resolution No. 6294 on June 28, 2004,
subject to the conditions and requirements contained in the authorizing resolution, the
Mounds View City Code and state statutes.
C. The Developer shall construct on the Property improvements consistent with
the final plat and the site plans, date stamped May 20, 2004, approved by the City Council in
Resolution No. 6270 on May 24, 2004, subject to the conditions and requirements
contained in the authorizing resolution, the Mounds View City Code and state statutes,
which involves the construction of site work and infrastructure (including, but not limited to
utility, street and miscellaneous improvements as set forth in this Agreement or the approved
site plan) at the Property.
D. The Developer is required to construct and install at its sole expense
certain grading, drainage, landscaping and other improvements as required by City
ordinance and itemized on Exhibit B (the "Improvements"). The Developer shall
construct and install the Improvements at the Property as set forth in Exhibit C.
Agreement
In consideration of each party's promises as set forth in this Agreement, it is mutually
agreed as follows:
ARTICLE ONE
REPRESENTATIONS AND WARRANTIES
1.01. City Representations and Warranties. The City makes the following representations as
the basis for the undertakings on its part contained herein:
A. The City is a municipal corporation under the laws of Minnesota.
B. The City has the right, power and authority to execute, deliver and perform its
obligations under this Agreement.
1.02. Developer Representations and Warranties. The Developer makes the following
representations as the basis for the undertakings on its part contained herein:
A. The Developer is a limited liability company.
B. The Developer has the right, power and authority to execute, deliver and
perform its obligations under this Agreement. The Developer assures the City that the
individuals who execute this Agreement on behalf of the Developer are duly authorized to
sign on behalf of the Developer and to bind the Developer thereto.
C. The Developer is not in default under any lease, contract, or agreement to
which it is a party or by which it is bound which would affect its performance under this
Agreement. The Developer is not a party to or bound by any mortgage, lien, lease,
agreement, instrument, order, judgment, or decree which would prohibit the execution or
performance of this Agreement by the Developer or prohibit any of the transactions provided
for in this Agreement.
D. The Developer has complied with and will continue to comply with all applicable
federal, state and local statutes, laws, ordinances and regulations including, without
limitation, any permits, licenses and applicable zoning, environmental, or other laws,
ordinances, or regulations affecting the Property or the Improvements. The Developer is not
aware of any pending or threatened claim of any such violation. Without limitation of the
foregoing, the Developer expressly acknowledges and agrees that it has and shall at all
times comply with each and every provision of the City’s subdivision, zoning, and other
related municipal code regulations.
E. There is no suit, action, arbitration or legal, administrative or other proceeding
or governmental investigation pending or threatened against or affecting the Developer or
Property. The Developer is not in default with respect to any order, writ, injunction or decree
of any federal, state, local or foreign court, department, agency or instrumentality.
F. None of the representations and warranties made by the Developer or made in
any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or
on its behalf contains or will contain any untrue statement of material fact or omits any
material fact, the omission of which would be misleading.
G. The Developer has sufficient funds or has obtained a commitment for financing
in an amount adequate to finance construction of the Improvements.
1.03 Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this
Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement
as if fully set forth herein.
ARTICLE TWO
CONSTRUCTION OF IMPROVEMENTS
2.01. Agreement to Construct Improvements. The Developer agrees to construct the
Improvements, including the grading, drainage, landscaping and other improvements
required by City ordinance for development of the Property. The Improvements are more
fully described in the site plans, preliminary plat and specifications approved by the City (the
"Plans"). A final copy of the Plans must be filed with the City prior to commencement of
construction of the Improvements. All labor and work performed by the Developer in
connection with construction of the Improvements will be done and performed in the best and
most worker-like manner and in strict conformance with the Plans. Any deviation from the
Plans must be approved in writing by the City. Construction of the Improvements shall be
completed no later as set forth in Section 2.04 of this Agreement. Prior to initiating
construction of the Improvements, the Developer shall hold a pre-construction meeting with
the City to review and resolve any issues involving the construction of the Improvements.
2.02. Obtaining Permits. The Developer shall obtain in a timely manner and pay for all
permits, licenses, and approvals required in connection with construction of the
Improvements, and all easements and licenses necessary for access to the Property and
construction of the Improvements. The Developer shall meet in a timely manner the
requirements of all applicable local, state, and federal laws and regulations which must be
met before the Improvements may be lawfully constructed. Specifically, prior to obtaining
any building permits or grading permits as required under this Section 2.02 or otherwise, the
Developer shall complete the following requirements: satisfy and comply with all City
Engineer requirements and conditions regarding the Plans; complete all requirements set
forth in Section 3.01 of this Agreement regarding the plat of Velmeir CVS Addition.
2.03. Staking, Surveying, and Inspections. The Developer must provide for all staking,
surveying and inspections for the Improvements in order to ensure that the completed
Improvements conform to the Plans. The City will provide for general inspection, at the
Developer’s expense, on a basis that it determines necessary and appropriate within its sole
discretion. The Developer must notify the City in advance of all tests to be performed
regarding the Improvements.
2.04. Time for Developer's Performance: General Provision. The Developer agrees that it
will commence work on the Improvements on or before August 31, 2004, and shall complete
the Improvements on or before August 31, 2005. In the event of a “phased” construction
schedule, each phase shall be subject to its own timeline based upon the date of issuance
of the building permit. The City may at its discretion extend the dates specified in this
Section 2.04 upon receipt of written notice from the Developer of the existence of causes
which will delay the completion of the Improvements if such causes are ones over which the
Developer has no control and which could not have been reasonably foreseen by the
Developer. If an extension of the date of completion of the Improvements is granted by the
City, the Developer must continue the performance bond required by this Agreement to cover
the work during the extension of time.
2.05. Additional Work or Materials. The Improvements shall be constructed at no expense
to the City. The Developer shall not do any work or furnish any materials for which
reimbursement is expected from the City, unless such work is first ordered and
reimbursement is approved by the City or which is the subject of any separate written
agreement. Any work or materials which is done or furnished by the Developer without prior
written order is furnished at the Developer's risk, cost and expense, and the Developer
agrees that it will make no claim for compensation for work or materials so done or furnished.
2.06. Financial Guarantee. Prior to commencement of construction of the Improvements,
the Developer agrees to furnish the City a performance bond, certified check, certificate of
deposit, irrevocable letter of credit from a bank or cash escrow in the amount of 125% of the
estimated costs for the Improvements (the "Financial Guarantee"), such estimates to be
based on received bids or other evidence satisfactory to the City in its sole discretion. The
estimated costs for the Developer for the Improvements for the development of $172,000.00
are set forth in Exhibit B attached to this Agreement. Upon failure of Developer to perform,
the City may declare the Developer to be in default under this Agreement and, upon failure of
the Developer to cure the default within 30 days of written notice, may demand the Financial
Guarantee be paid over to the City provided however if the Developer commences to cure
within said thirty days, the time to cure shall be extended for a reasonable time not to exceed
60 days. From the proceeds of the Financial Guarantee, the City shall be reimbursed for any
attorneys' fees, engineering fees or other technical, administrative or professional assistance,
and the remainder thereof shall be used by the City to complete the Improvements. The
Developer shall be liable to the City in the event that the Financial Guarantee is inadequate
to reimburse the City for its costs and pay for the completion of the Improvements. Upon
completion of the Improvements and passage of any required inspections and final
acceptance of the Improvements by the City pursuant to Section 2.09 of this Agreement,
absent any default of the Developer, the Financial Guarantee shall be terminated.
The bank and form of the letter of credit or other security shall be subject to the
approval of the City. The letter of credit shall be automatically renewable until the City
releases the developer from responsibility. The letter of credit shall secure compliance with
the terms of this Agreement and all obligations of the Developer under it. The City may
draw down on the letter of credit without notice if the obligations of the Developer have not
been completed as required by this Agreement. In the event of a default under this
Agreement by the Developer, the City shall furnish the Developer with written notice by
certified mail of Developer’s default(s) under the terms of this Agreement. If the Developer
does not remove said default(s) within thirty (30) days of receiving notice provided however
if the Developer commences to cure within said thirty days, the time to cure shall be
extended for a reasonable time not to exceed 60 days; the City may draw on the letter of
credit provided funds are used to complete the Improvements. With City approval, the
letter of credit may be reduced from time to time as financial obligations are paid and
Developer installed improvements completed to the City’s requirements.
In the event City does not recover its costs for completing the Improvements
under the provisions of this paragraph, as an additional remedy, City may, at its option,
assess the Property in the manner provided by Minnesota Statutes, Chapter 429, and
Developer hereby consents to the levy of such special assessments without notice or
hearing and waives its rights to appeal such assessments pursuant to Minnesota
Statutes, Section 429.081, provided the amount levied, together with the funds
deposited with the City under this paragraph, does not exceed the expenses actually
incurred by the City in the completion of the Improvements.
2.07. Insurance. The Developer shall furnish proof of insurance in the amount of at least
$1,000,000.00, acceptable to the City, covering any public liability or property damage by
reason of the operation of the Developer's equipment or laborers in connection with the
Improvements. Developer agrees to keep the insurance in force at all times during
construction of the Improvements and until final approval thereof by the City. The insurance
must name the City as an additional insured and must provide that the insurer will give the
City not less than 30 days' written notice prior to cancellation or termination of the insurance
policy. Upon completion of the Improvements and subject to city inspection, insurance
naming the city may be terminated
2.08. Unsatisfactory Labor or Material. In the event that the City rejects as defective or
unsuitable any material or labor supplied by the Developer regarding the Improvements, the
rejected material must be removed and replaced with approved material and the rejected
labor must be done again to the specifications and approval of the City and at the sole cost
and expense of the Developer to specifications of plans.
2.09. Final Inspection/Acceptance. Upon completion of the Improvements, representatives
of the City and the Developer will make a final inspection of the work. Before final payment is
made to the contractor by the Developer, the City must be satisfied that all work is
satisfactorily completed in accordance with the Plans, and the Developer's engineer shall
submit a written statement attesting to the same. The City shall have no obligation to accept
the Improvements if they are not consistent with the Plans or not in compliance with all
federal, state and local laws and standards related thereto. Final approval and acceptance of
the Improvements shall be by a resolution duly adopted by the City.
2.10. Warranty on Property Work and Materials. The Developer warrants all work required
to be performed by it under this Agreement regarding the Improvements against defective
material and faulty workership for a period of one (1) year after completion and acceptance
by the City, except that the warranty period for the street, drainage, and erosion control
portions of the Improvements shall be for two (2) years after completion and acceptance by
the City. All trees, grass, sod or other landscaping installed in connection with the
Improvements are warranted to be alive, of good quality, and disease free for one year after
planting. Any replacements of same shall be similarly warranted for one year from the time
of planting. The Developer shall be solely responsible for all costs of performing repair and
replacement work required by the City and shall perform such work within thirty (30) days of
receiving demand for such work from the City, weather permitting.
2.11. Records and Plans. The Developer agrees to provide the City with copies of all bids
and change orders, and the names of all suppliers and subcontractors, and other similar
information relating to the Improvements identified on Exhibit B only to be constructed by the
Developer. Upon completion of the Improvements, the Developer shall provide the City with
a full set of as-built plans of the Improvements for the City's records.
2.12. Maintenance Bond. Upon completion of the Improvements and prior to acceptance
thereof by the City, the Developer shall obtain or cause to be obtained and shall furnish the
City a copy of a two-year maintenance bond guaranteeing the Improvements. The
maintenance bond shall be in an amount equal to ten percent (10%) of the financial
guarantee.
2.13. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City,
its officers, agents, and employees shall not be liable or responsible in any manner to the
Developer, Developer's successors or assigns, the Developer's contractor or subcontractors,
material suppliers, laborers, or to any other person or persons for any claim, demand,
damage, or cause of action of any kind or character arising out of or by reason of the
execution of this Agreement or the performance and completion of the Improvements. The
Developer, and the Developer's successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending
the same, including but not limited to, attorneys fees, consulting engineering services, and
other technical, administrative or professional assistance. Nothing in this Agreement shall
constitute a waiver or limitation of any immunity or limitation on liability to which the City is
entitled under Minnesota Statutes, Chapter 466, or otherwise. In addition, while the City
shall endeavor to complete the City’s share of utility improvements contemplated in this
Agreement, if any, under no circumstances shall the City be responsible or liable for any
construction delays of any kind, costs, or the inability of the City to complete the City’s
share of utility improvements contemplated in this Agreement, if any.
2.14. Compliance with Existing Laws. The Developer warrants that all work performed
pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent
regulations, standards, and specifications of the City, and is subject to approval of the City.
2.15. Lien Waivers. As a condition precedent to the City’s final acceptance of the
Improvements pursuant to Section 2.09 of this Agreement, the Developer shall deliver to the
City final lien releases or waivers by all contractors, subcontractors, materialmen, and other
parties who have supplied labor, materials or services for the construction of the
Improvements, or who otherwise might be entitled to claim a contractual, statutory, or
constitutional lien against the Improvements or Property.
2.16. Temporary Roads and Other Construction. If construction of the Improvements results
in the construction of temporary roads or other ways, or other temporary improvements or
modifications to the Property or any other property, the Developer shall, as a condition
precedent to the City’s final acceptance of the Improvements pursuant to Section 2.09 of this
Agreement, remove all such temporary improvements and otherwise return such property to
the condition it was in prior to construction of the Improvements; provided that the City may in
its sole discretion, waive or modify the requirements of this Section 2.16 by writing approved
by the City Council and executed by the City.
2.17. Parking and Storage. The Developer agrees to provide adequate parking and
storage area for workers, equipment, construction materials, or other items associated with
the Improvements. Existing public roadways or right-of-ways shall not be utilized for these
purposes except as allowed by the City.
2.18. City’s Access. The Developer hereby grants the city, its agents, employees, officers
and contractors a non-revocable license to enter the Property to perform all work and
inspections deemed appropriate by the City related to said development.
2.19. Clean up. The Developer shall clean streets of dirt and debris that has resulted from
construction work by the Developer, its agents or assigns. The City may inspect the site on
a periodic basis and determine whether it is necessary to take additional measures to clean
dirt and debris from the streets. After 24 hours verbal notice to the Developer, as listed in
this agreement, the City will complete or contract to complete the clean up at the
Developer’s expense.
The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding
areas of erosion/siltation and restore to the original condition at the end of construction
within this development. All silt fence and other erosion control should be removed
following the establishment of turf. These items are to be secured through the Financial
Guarantee as is noted in paragraph 2.06 of this Agreement.
ARTICLE THREE
ADDITIONAL PROVISIONS
3.01. Platting Requirements. The Developer shall plat the Property consistent with the final
plat of Velmeir CVS Addition approved by the City Council in Resolution No. 6294 on June
28, 2004, subject to the conditions and requirements contained in the authorizing
resolution, the Mounds View City Code and state statutes. Developer shall cause the final
plat of Velmeir CVS Addition to be recorded with the Ramsey County recorder and provide
the City with a reproducible mylar copy of said plat.
3.02. Property Monumentation. The Developer agrees to provide sufficient property
monumentation (temporary), installed by or under the direction of a registered land
surveyor, prior to and during the course of the Improvements to ensure proper
layout. The Developer further agrees to install all subdivision monumentation
(permanent) within one year from the date of recording of the plat, or the monumentation
shall be installed on a per-lot basis at the time a building permit for the subject lot is issued,
whichever occurs first. At the end of the one-year period, the Developer shall submit to the
City written verification by a registered land surveyor that the required monuments have
been installed throughout the plat.
3.03. Payment of City Costs. The Developer agrees to reimburse the City its actual costs
regarding: (i) preparing and administering this Agreement and all other documents, permits,
and applications related to construction of the Improvements; (ii) processing the plat of
Velmeir CVS Addition and subdivision approvals relating to the Property; and (iii) preparing
and reviewing an environmental assessment worksheet (EAW) and environmental impact
statement (EIS), if required. In addition to and without limitation of the foregoing, the costs to
be reimbursed by the Developer to the City shall include, but not be limited to, attorneys fees,
engineering fees, inspection fees, and the costs and fees of other technical and professional
assistance (including but not limited to the cost of City staff time) incurred or expended by the
City on activities arising out of this Agreement, the Improvements, and other undertakings
related thereto. The Developer shall, upon execution of this Agreement, deposit with the City
the amount of $1,000.00 to be applied to payment of the costs described in this Section 3.03,
provided that if such costs exceed this amount, the Developer shall, upon demand by the
City, pay such additional costs to the City within ten (10) days of such demand, and provided
further that the amount by which this deposit exceeds the City's actual costs, if any, shall be
returned to the Developer.
In the event City does not recover its costs for completing the Improvements under
the provisions of this paragraph, as an additional remedy, City may, at its option, assess
the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer
hereby consents to the levy of such special assessments without notice or hearing and
waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section
429.081, provided the amount levied, together with the funds deposited with the City
under this paragraph, does not exceed the expenses actually incurred by the City in the
completion of the Improvements.
3.04. Attorney Fees. The Developer agrees to pay the City's costs and expenses, including
reasonable attorney fees, in the event a suit or action is brought by the City against the
Developer to enforce the terms of this Agreement.
3.05. Amendment. Any amendment to this Agreement must be in writing and signed by both
parties.
3.06. Assignment. The Developer may not assign any of its obligations under this
Agreement without the prior written consent of the City.
3.07. Agreement to Run with Land. This Agreement shall be recorded among the land
records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the
Property and be binding upon the Developer and its assigns or successors in interest.
Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall
relieve the Developer of its liability for full performance of this Agreement unless the City
expressly so releases the Developer in writing. Absent an event of default, this Agreement
shall terminate three (3) years from the date of completion and approval by the city of the
Improvements as evidenced by a final certificate of occupancy.
3.08. Representatives Not Individually Liable. No officer, agent or employee of the City shall
be personally liable to the Developer, or any successor in interest, in the event of any default
or breach by the City on any obligation or term of this Agreement.
3.09. Notices and Demands. Any notice, demand, or other communication under this
Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched
by registered or certified mail, postage prepaid, return receipt requested, or delivered
personally:
(a) as to the Developer: c/o The Velmeir Companies
7900 International
Suite 200
Bloomington, MN 55425
Attn: Jim LaValle
(952) 883-3241
(b) as to the City: City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1429
Attn: City Administrator
or at such other address with respect to either such party as that party may, from time to
time, designate in writing and forward to the other as provided in this section 3.09.
3.10. Park Dedications/Fees/Dedications. Without limitation of any other obligation of the
Developer contained in this Agreement or set forth in federal, state, or local law, the
Developer agrees to comply with any dedication requirements, including park dedications or
payments in lieu which may be required by the City's subdivision regulations, Mounds View
City Code Chapter 15. The Developer desires to provide the City with a payment in lieu of a
park dedication as calculated pursuant to the City's subdivision regulations, in the amount of
$57,813.00, to be paid within ninety (90) days of full execution of this Agreement.
The Developer further expressly acknowledges and agrees that the Improvements
and all easements and other rights in the Property necessary and related to the City’s
ownership of some of the Improvements, namely the “Trail”, (all of which shall be described
in the plat required by the City’s subdivision regulations), shall inure to the City upon the
Developer’s compliance with this Agreement, acceptance by the City of the Improvements,
and approval and recording of a final plat as set forth in the City’s subdivision regulations.
3.11. Disclaimer of Relationships. The Developer acknowledges that nothing contained in
this Agreement nor any act by the City or the Developer shall be deemed or construed by the
Developer or by any third person to create any relationship of third-party beneficiary, principal
and agent, limited or general partner, or joint venture between the City and the Developer.
3.12. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall constitute one and the same instrument.
3.13. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and
all parties to this Agreement waive any objection to the jurisdiction of these courts, whether
based on convenience or otherwise.
3.14. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City,
its officers, agents, and employees shall not be liable or responsible in any manner to the
Developer, Developer's successors or assigns, the Developer's contractor or subcontractors,
material suppliers, laborers, or to any other person or persons for any claim, demand,
damage, or cause of action of any kind or character arising out of or by reason of the
execution of this Agreement or the performance and completion of the Improvements. The
Developer, and the Developer's successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending
the same, including but not limited to, attorneys fees, consulting engineering services, and
other technical, administrative or professional assistance. Nothing in this Agreement shall
constitute a waiver or limitation of any immunity or limitation on liability to which the City is
entitled under Minnesota Statutes, Chapter 466, or otherwise.
3.15. Compliance with Existing Laws. The Developer warrants that all work performed
pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent
regulations, standards, and specifications of the City.
3.16. Occupancy Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for
damage or delays, incurred by the City, in the construction of public improvements, caused
by the Developer, its employees, contractors, subcontractors, materialmen or agents. No
occupancy permits shall be issued until the utilities are in and approved by the City, unless
otherwise authorized in writing by the City.
3.17. Miscellaneous Provisions.
A. The Developer represents to the City that the development of the Property,
the subdivision and the plat comply with all city, county, metropolitan, state and federal
laws and regulations including, but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the subdivision or
the plat or the development of the Property does not comply, the City may, at its option,
refuse to allow construction or development work on the Property until the Developer does
comply. Upon the City’s demand, the Developer shall cease work until there is
compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for
denial of building permits, including lots sold to third parties.
D. Wherever possible, each provision of this Agreement and each related
document shall be interpreted so that it is valid under applicable law. If any provision of
this Agreement or any related document is to any extent found invalid by a court or other
governmental entity of competent jurisdiction, that provision shall be ineffective only to the
extent of such invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement or any other related document.
E. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents or third
parties.
F. No failure by any party to insist upon the strict performance of any covenant,
duty, agreement, or condition of this Agreement or to exercise any right or remedy
consequent upon a breach thereof, shall constitute a waiver of any such breach of any
other covenant, agreement, term, or condition, nor does it imply that such covenant,
agreement, term or condition may be waived again. The action or inaction of the City shall
not constitute a waiver or amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing and signed by the parties. The City’s failure to
promptly take legal action to enforce this Agreement shall not be a waiver or release.
G. Each right, power or remedy herein conferred upon the City is cumulative and
in addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so exciting may be
exercised from time to time as often and in such order as may be deemed expedient by the
City and shall not be a waiver of the right to exercise at any time thereafter any other right,
power or remedy.
H. This Agreement, together with the exhibits hereto, which are incorporated by
reference, constitutes the complete and exclusive statement of all mutual understandings
between the parties with respect to this Agreement, superseding all prior or
contemporaneous proposals, communications, and understandings, whether oral or
written, pertaining to the subject matter of this Agreement.
I. No officer, agent or employee of the City shall be personally liable to
Developer, or any successor in interest, in the event of any default or breach by the City on
any obligation or term of this Agreement.
J. Data provided to the Developer or received from the Developer under this
Agreement shall be administered in accordance with the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13.
[The remainder of this page to remain intentionally blank].
IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be
executed on the date and year written above.
CITY OF MOUNDS VIEW
By: ____________________________________
Mayor
By: ____________________________________
City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _____ day of August,
2004, by Jerry Linke and Kurt Ulrich, the mayor and city administrator, respectively, of the
City of Mounds View, a Minnesota municipal corporation, on behalf of the corporation.
____________________________________
Notary Public
TVC Moundsview, LLC
By: ___________________________________
[print name]
Its: ___________________________________
STATE OF ______________ )
) SS.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of August,
2004, by ________________________________, the ____________________________
of TVC Moundsview, L.L.C., a limited liability company, on behalf of the limited liability
company.
__________________________________
Notary Public
This document drafted by:
KENNEDY & GRAVEN, CHARTERED (SJR)
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
SJR-250733v1
MU210-119
A-1
EXHIBIT A
Legal Description of Property
Lot 2, Block 1
Velmeir CVS Addition
Ramsey County, Minnesota
SJR-250733v1
MU210-119
B-1
EXHIBIT B
Estimate of Improvement Costs
Trail $12,000.00
Landscaping $25,000.00
Storm Water System $135,000.00
Total Cost of Improvements $172,000.00
SJR-250733v1
MU210-119
C-1
EXHIBIT C
Item No: 10C
Meeting Date: August 9, 2004
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kristin Prososki, Planning Associate
Item Title/Subject: Public Hearing and Consideration of a Variance to
Allow a Driveway to Exceed the Maximum Curb Cut
Width at 7090 Silver Lake Road; Planning Case
VR2004-006
Introduction:
The applicant, Michel Mourad, is requesting a variance to allow an already constructed
driveway to remain as built at his property located at 7090 Silver Lake Road. This
request was heard before the Planning Commission during a public hearing on July 7,
2004. The Planning Commission voted to deny the appeal based on lack of hardship.
Mr. Mourad is exercising his right to appeal the Planning Commission’s denial of his
variance request.
The driveway was constructed without a permit and exceeds the maximum curb cut width
allowed in an R-1 district. Mounds View Zoning Code requires that the curb cut is no
more than twenty-four (24) feet wide at the right-of-way. The expansion of the driveway
created a thirty-six (36) foot wide curb cut. The requested variance is for twelve (12) feet.
The applicant is requesting that the Council table this item until the first Council meeting
in September, as he is out of the Country until late August. Had Mr. Mourad informed
Staff of his schedule before the public hearing notice had been sent, Staff could have
accommodated his request to delay until September. Because the public hearing notice
had already been posted, Staff informed the applicant that it would be up to the City
Council to decide if the variance request would be tabled until September 13, 2004. (See
attached letter.)
Discussion:
Driveway and curb cut requirements are addressed in Section 1121.09 of the Zoning
Code. The property is zoned R-1, Single Family Residential. In an R-1 district, the
maximum curb cut width is twenty-four (24) feet. As built, the driveway has a curb cut of
thirty-six (36) feet, twelve (12) feet in excess of the permitted amount. Section 1104.01
states that driveways must be setback five (5) feet, unless permission is obtained from
the owners of the abutting lots, in which case, the driveway is permitted to be setback one
(1) foot. The driveway meets the setback requirements, however, it exceeds the curb cut
width limits.
Mourad Variance Appeal Report
August 9, 2004
Page 2
The applicant constructed the driveway and failed to obtain a permit for the work. Had a
permit been obtained beforehand, the curb cut would not have been permitted to be wider
than twenty-four (24) feet. In October of 2003, the City sent a letter to Mr. Mourad
explaining that a permit was necessary for the driveway work. Mr. Mourad applied for a
permit on October 30, 2003, after the work had already been completed. The description
of work for the permit stated, “Remove blacktop driveway and replace with concrete.”
The drawing of the driveway submitted with the permit grossly under-reported the size of
the already constructed curb cut.
Mr. Mourad states that he simply removed the existing blacktop driveway and replaced it
with concrete. However, using aerial photographs, Staff was able to ascertain that in April
of 2003, the driveway at 7090 Silver Lake Road was twenty-two feet wide and had a four
to five foot concrete sidewalk along side of it (see attached aerial photo). The last
driveway permit that is on file with the City is for a driveway with a twenty-two foot wide
curb cut. In addition, the April 2003 aerial photo also shows that an evergreen tree was in
place where the eastern portion of the driveway is now. The evergreen tree had to be
removed for this driveway expansion to take place.
Staff spoke with the homeowner regarding this variance request. He is requesting to be
allowed to leave the driveway as built because of the fact that the concrete is patterned
and removing portions of the driveway would alter the pattern.
If this variance request is denied, the applicant would need to remove a twelve (12) foot
wide strip of concrete from the street to the property line. Beyond the curb cut, the
driveway meets code and would be permitted to remain as is.
Variance Considerations:
For a variance to be approved, the applicant needs to demonstrate a hardship or practical
difficulty associated with the property that makes a literal interpretation of the Code overly
burdensome or restrictive. Minnesota statutes require that the governing body (the City
Council, in this case) review a set of specified criteria for each application and make its
decision in accordance with these criteria. These criteria are set forth in Section 1125.02,
Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all
of the criteria are met. The criteria are as follows:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity and result from lot size or
shape, topography or other circumstances over which the owners of the property since
the effective date hereof have had no control.
The property is approximately16,553 square feet and has one hundred twenty-six
feet (126) feet of street frontage on Woodale Drive, which is the street that the
driveway accesses. This lot exceeds the minimum lot requirements. Staff is not
aware of any extraordinary circumstances that apply to this property.
Mourad Variance Appeal Report
August 9, 2004
Page 3
b. The literal interpretation of the provisions of this Title would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
Title.
The literal interpretation of the provisions of the Zoning Code would not deprive the
applicant of rights enjoyed by other properties in the same zone.
c. That the special conditions or circumstances do not result from the actions of the
applicant.
The driveway expansion was constructed by the applicant without a permit.
d. That granting the variance requested would not confer on the applicant any special
privilege that is denied by this Title to owners of other lands, structures or buildings in
the same district.
Granting the variance would confer upon the property owner a special privilege
denied to others in the same district.
e. That the variance requested is the minimum variance which would alleviate the
hardship. Economic conditions alone shall not be considered a hardship.
The City Council would first need to determine whether a hardship exists.
f. The variance would not be materially detrimental to the purpose of this Title or to
other property in the same zone.
The variance may be detrimental to the purpose of this Title unless it is determined
that a hardship is present.
g. The proposed variance will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
The expansion should not result in any of the above-cited adverse effects.
Summary:
In order for the City Council to approve this variance request, the above criteria must be
satisfied. As previously stated, the applicant is requesting that the City Council table
action on this request until the September 13, 2004 City Council meeting.
Mourad Variance Appeal Report
August 9, 2004
Page 4
Recommendation:
After holding the public hearing and taking testimony from staff and affected neighbors,
the Council can take one of the following actions related to the request:
1. Deny the requested variance. Resolution 6322 is attached for the Council’s approval
if that is the chosen course of action.
2. Approve the variance as requested. To move forward with this option, the Council
should direct staff to draft a resolution of approval with findings of fact appropriate to
support the approval.
3. Table the request. The Council can move to table the request until the September 13,
2004 meeting, at which the applicant would be present. Because of 60-day
requirements, a letter would need to be sent to the applicant informing him of a 60-day
extension due to his request to delay action.
Respectfully submitted,
Kristin Prososki
Planning Associate
Attachments:
1. Application
2. Zoning Map
3. Location Map
4. Photographic Documentation and Sketch of Driveway
5. Aerial Photograph and Photographic Documentation
6. Letter to Mr. Mourad Regarding Postponement
7. Planning Commission Resolution 763-04
8. Resolution 6322
Mourad Variance Appeal Report
August 9, 2004
Page 5
Mourad Variance Appeal Report
August 9, 2004
Page 6
Mourad Variance Appeal Report
August 9, 2004
Page 7
Mourad Variance Appeal Report
August 9, 2004
Page 8
Mourad Variance Appeal Report
August 9, 2004
Page 9
7090 Silver Lake Road (from the North)
Sketch of Existing
Driveway
Mourad Variance Appeal Report
August 9, 2004
Page 10
Mourad Variance Appeal Report
August 9, 2004
Page 11
Mourad Variance Appeal Report
August 9, 2004
Page 12
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 763-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A VARIANCE FOR A THIRTY-SIX (36) FOOT CURB CUT
WIDTH; PLANNING CASE NO. VR2004-006
WHEREAS, Michel Mourad has applied for a variance from the maximum curb cut
width requirement to allow a previously constructed driveway addition to remain on the property
located at 7090 Silver Lake Road; and,
WHEREAS, the subject parcel is legally described as follows:
North 135 feet of Lot 96, Knollwood Park
Ramsey County, State of Minnesota
WHEREAS, the parcel is zoned R-1, Single Family Residential; and,
WHEREAS, the maximum curb cut width allowed in R-1 zoning districts is 24 feet; and,
WHEREAS, the applicant has constructed a driveway addition that increased the curb
cut width to 36 feet without a permit; and,
WHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
1. Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Staff Report
WHEREAS, the Planning Commission held a public hearing regarding this request on
July 7, 2004; and,
WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to
property owners when the strict enforcement of the zoning code requirements imposes a hardship
thereby restricting the improvement of property due to practical difficulties brought about by
unique or extraordinary features of the physical property that are beyond the property owner’s
control; and,
WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View
Municipal Code, the Planning Commission is to review a standard set of criteria, of which all
must be satisfied, in order to grant a variance to the Zoning Code.
Mourad Variance Appeal Report
August 9, 2004
Page 13
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
hereby makes the following findings of fact related to the hardship criteria identified in Section
1125.02 of the Mounds View Zoning Code:
1. The property is zoned R-1, Single Family Residential.
2. The maximum curb cut width allowed in R-1 zoning districts is 24 feet.
3. A driveway addition has been constructed on the property, which increased the
curb cut width to 36 feet.
4. The property is regularly shaped and is neither exceptional nor extraordinary
given the number of properties within the City that are zoned R-1.
5. The literal interpretation of the Code would NOT deprive the applicant of rights
commonly enjoyed by other properties in the same district in that the property is
not unique compared to other properties in the same zoning district.
6. Granting a variance in this case WOULD confer a special privilege not enjoyed
by other property owners in that there does not appear to be a sufficient hardship
to warrant approval of the variance.
7. The variance WOULD be materially detrimental to the purpose of this Title in
that there does not appear to be a sufficient hardship to warrant approval of the
variance.
8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the hardship criteria, testimony presented at the public
hearing and the identified findings of fact, does hereby deny the variance request to allow a
driveway to exceed the maximum curb cut width on the property located at 7090 Silver Lake
Road.
NOW, THEREFORE, BE IT FINALLY RESOLVED by the Planning Commission
that the applicant shall be notified of the right to appeal this denial to the City Council. The
appeal shall be submitted in writing within 10 business days of the adoption of this Resolution.
Adopted this 7th day of July, 2004.
_________________________________________
Gary Stevenson, Chairperson
Attest:
_________________________________________
James Ericson, Community Development Director
(Seal)
Mourad Variance Appeal Report
August 9, 2004
Page 14
RESOLUTION NO. 6322
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DENIAL OF A
VARIANCE REQUESTED BY MICHEL MOURAD FOR A THIRTY-SIX (36) FOOT
CURB CUT WIDTH AT 7090 SILVER LAKE ROAD;
PLANNING CASE NO. VR2004-006
WHEREAS, Michel Mourad has applied for a variance from the maximum curb
cut width requirement to allow a previously constructed driveway addition to remain on
the property located at 7090 Silver Lake Road; and,
WHEREAS, the subject parcel is legally described as follows:
North 135 feet of Lot 96, Knollwood Park
Ramsey County, State of Minnesota
WHEREAS, the parcel is zoned R-1, Single Family Residential; and,
WHEREAS, the maximum curb cut width allowed in R-1 zoning districts is 24
feet; and,
WHEREAS, the applicant has constructed a driveway addition that increased the
curb cut width to 36 feet without a permit; and,
WHEREAS, the purpose of the variance provision in the Zoning Code is to give
relief to property owners when the strict enforcement of the zoning code requirements
imposes a hardship thereby restricting the improvement of property due to practical
difficulties brought about by unique or extraordinary features of the physical property
that are beyond the property owner’s control; and,
WHEREAS, the Planning Commission held a public hearing on July 7, 2004 and
based on their review of the facts and their assessment of the hardship criteria, the
Planning Commission adopted Resolution 763-04 denying the requested variance due
to lack of hardship; and,
WHEREAS, in their resolution of denial, the Mounds View Planning Commission
identified the following findings of fact related to the hardship criteria identified in
Section 1125.02 of the Mounds View Zoning Code:
1. The property is zoned R-1, Single Family Residential.
2. The maximum curb cut width allowed in R-1 zoning districts is 24 feet.
Mourad Variance Appeal Report
August 9, 2004
Page 15
3. A driveway addition has been constructed on the property, which increased
the curb cut width to 36 feet.
4. The property is regularly shaped and is neither exceptional nor extraordinary
given the number of properties within the City that are zoned R-1.
5. The literal interpretation of the Code would NOT deprive the applicant of
rights commonly enjoyed by other properties in the same district in that the
property is not unique compared to other properties in the same zoning
district.
6. Granting a variance in this case WOULD confer a special privilege not
enjoyed by other property owners in that there does not appear to be a
sufficient hardship to warrant approval of the variance.
7. The variance WOULD be materially detrimental to the purpose of this Title in
that there does not appear to be a sufficient hardship to warrant approval of
the variance.
8. The hardship criteria as identified in Section 1125.02 have NOT been
satisfied.
WHEREAS, the applicant exercised his right to appeal to the City Council the
Planning Commission’s variance denial; and,
WHEREAS, the City Council has reviewed the following documents regarding
this proposal:
1. Application
2. Zoning Map
3. Photographic Documentation
4. Sketch of Driveway
5. Aerial Photograph
6. Planning Commission Resolution 763-04
7. Staff Report
WHEREAS, the City Council held a public hearing regarding this request on
August 9, 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 variance and the Comprehensive plan
and consider the impacts of the use supported by findings of relevant fact.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based
upon its review of the facts and the information presented at the public hearing, does
hereby affirm the Planning Commission’s denial of the variance requested by Mr. Michel
Mourad for the 36-foot wide curb cut at 7090 Silver Lake Road.
Mourad Variance Appeal Report
August 9, 2004
Page 16
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the driveway at 7090
Silver Lake Road must be brought into compliance with the Zoning Code within ninety
(90) days of the adoption of this Resolution.
Adopted this 9th day of August, 2004.
_________________________________________
Jerry Linke, Mayor
Attest:
_________________________________________
Kurt Ulrich, City Clerk / Administrator
(Seal)
Item No: 10D
Meeting Date: August 9, 2004
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kristin Prososki, Planning Associate
Item Title/Subject: Introduction and First Reading of an Ordinance to
Vacate Unused and Excess Public Utility and Highway
Easements Associated with the Hidden Hollow
Development
Introduction:
On June 28, 2004, the City Council approved the final plat for the Hidden Hollow major
subdivision. The plat created a new street dedicated as “Hidden Hollow Court” and 17
residential lots. As a result of the Hidden Hollow plat, there are now easements in areas that
are no longer needed or desired. The applicant requests these easement areas be vacated.
Discussion:
Seven easements are requested to be vacated (see Exhibit A of Ordinance 750, attached).
Easements A, B, C and G were granted to the City in 1966 and 1967 for utility and highway
purposes. These easements are no longer needed as the highway and utilities were not put
in place. Easements D and E were granted to the City for utility purposes, but are no longer
needed, as new drainage and utility easements in the same location were dedicated to the
City through the Hidden Hollow plat. The City took Easement F for utility purposes. The
utilities that were located in Easement F were either never put into place or are being
relocated for the new Hidden Hollow development. Only the portion of Easement F that is
located within the Hidden Hollow development will be vacated. Easement F also covers the
north 30’ of the properties to the south of the Hidden Hollow development. That portion of
the easement will be maintained.
New drainage and utility easements were dedicated with the Hidden Hollow plat which
makes the easements described herein excess and unnecessary.
Recommendation:
Approve the introduction and first reading of Ordinance 750, an ordinance vacating unused
and excess easements associated with the Hidden Hollow subdivision located south of
County Road H2, west of Knollwood Drive and east of the Western city limits. The public
hearing, second reading and adoption Ordinance 750 has been scheduled for August 23,
2004.
Respectfully submitted,
Kristin Prososki
Planning Associate
Attachments: 1. Location Map
2. Ordinance 750
ORDINANCE NO. 750
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE VACATING EXCESS HIGHWAY AND UTILITY EASEMENTS
ASSOCIATED WITH THE HIDDEN HOLLOW SUBDIVSION
WHEREAS, a request has been submitted to the City of Mounds View to vacate easements
originally granted to the City for utility and highway purposes, all legally described as follows:
Easement A: A highway and utility easement over, under and across the south thirty feet of
Lot 38, Knollwood Park, recorded as Document No. 512047.
Easement B: A highway and utility easement over, under, above and across the south
thirty feet of Lot 35, Knollwood Park, recorded as Document No. 507993.
Easement C: A highway and utility easement over, under, above and across the south
thirty feet of Lot 34, Knollwood Park, recorded as Document No. 504509.
Easement D: A five foot utility easement across Lot 34, Knollwood Park, approximately
160 feet from rear lot line, recorded as Certificate of Title No. 117202.
Easement E: A five foot strip of land along rear line for public utility use, which covers all
of Lot 40 and the east half of the South 438 feet of Lot 39, Knollwood Park,
recorded as Certificate of Title No. 332013.
Easement F: Easement as shown on plans for City of Mounds View Improvement Project
1966-3 SCH A, sheet 17 and 18 of 22. The east twenty feet of Lot 36 and the
west fifteen feet of Lot 35 and the south thirty feet of Lots 34, 35, 36, 37, 38,
39 and 40, Knollwood Park
Easement G: A highway and utility easement over, under, above and across the south
thirty feet of Lots 39 and 40, Knollwood Park, recorded as Doc. No. 500934:
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. 750.
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 Hidden
Hollow 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 highway and utility 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 9th day of August, 2004.
Read and passed by the City Council of the City of Mounds View this ____ day of ________, 2004.
Jerry Linke, Mayor
ATTEST:
Kurt Ulrich, City Clerk-Administrator
APPROVED AS TO FORM:
City Attorney
Exhibit A. Easements to be Vacated as Related to Hidden Hollow Plat
Easement A Easement B Easement C
Easement D
Easement F
*Note – Easement F exists in the
same location as Easements A, B,
C, E and G
Easement F Easement G Easement E
Item No: 10G
Meeting Date: 08/09/04
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Resolution 6307 Revising Section 3.25(D) of the Mounds View
Personnel Policy Regarding Compensatory Time.
Background:
Section 3.25D of the City Personnel Policy currently reads:
COMPENSATORY TIME
Compensatory time off in lieu of cash payment is allowed only in accordance
with the Fair Labor Standards Act. Compensatory time is computed at a rate of
one and one-half times the hours worked in excess of the established work
week. The maximum total accrued compensatory time shall not exceed 240
hours per employee.
Accrued compensatory time may be taken as paid leave by non-exempt
employees with prior approval of their respective Department Head. If an
employee is terminated from employment they will be compensated for
accumulated compensatory time earned, up to the above-stated maximum.
The City Council recently approved a contract with AFSCME Employees that adopted a
compensatory time policy that is more restrictive then the current personnel manual. At
the time the AFSCME contract was approved, the Council asked that the compensatory
time portion of the Personnel Manual be considered for an amendment reflecting the
provisions of the AFSCME contract. In this way, consistency is maintained between the
different employee groups.
In regard to other employee groups, the police officer’s contract allows for 50 hours of
compensatory time to be accumulated in lieu of overtime. Police sergeants do not
currently receive overtime. Public works and non-union employees are covered under
the Personnel Manual.
Discussion:
All City employees were notified of potential changes to the personnel ordinance in
regard to compensatory time. The only concern expressed was by the Public Works
collective bargaining group. As part of the 2004-05 contract negotiations they are
requesting a 160 hour maximum accrual with no limit on annual usage. They currently
receive 240 hours of compensatory time under the personnel manual.
One of the reasons given by public works employees to justify a different level of
overtime is the fact that they are required to work 50-60 on-call hours per year.
A review of past compensatory time usage by public works indicates that there are only a
couple of employees that take in excess of 80 hours per year in compensatory time. The
City would realize cash savings if more employees utilized compensatory time rather than
overtime. Work that would not be accomplished due to compensatory time off can be
scheduled during off seasons. While it would be possible to provide additional
compensatory time for on-call employees in City Personnel Policy, with the Public Works
contract still under negotiation, it is recommended that any such consideration be part of
the contract settlement.
Recommendation:
It is recommended that the City Council adopt Resolution 6307, replacing Section 3.25(D)
of the City Personnel policy with the following language.
D. Compensatory Time:
D1. Compensatory time-off in lieu of cash payment is allowed only in
accordance with the Fair Labor Standards Act for all permanent non-
exempt employees. Compensatory time is compensated at a rate of one
and one-half times the hours worked in excess of the established work-
week.
D2. An employee may not use more than 80 hours of compensatory time per
year.
D3. The maximum total accrued compensatory time shall not exceed 50 hours
per employee.
D4. The respective Department Head or the City Administrator must give prior
approval for any accumulation of compensatory time by an employee.
D5. The respective Department Head or the City Administrator must give prior
approval for any use of compensatory time by an employee. If an employee is
terminated from employment they will be compensated for accumulated
compensatory time earned up to the above stated maximum.
D6. Any accumulated compensatory time not used by the end of the last pay
period in November shall be cashed out.
Respectfully submitted,
Kurt Ulrich, City Administrator
RESOLUTION NO. 6307
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION REVISING SECTION 3.25(D)
OF THE MOUNDS VIEW PERSONNEL POLICY
REGARDING COMPENSATORY TIME
WHEREAS, compensatory time-off in lieu of cash payment is allowed only in
accordance with the Fair Labor Standards Act for all permanent non-exempt employee;
and
WHEREAS, City Council has requested Staff to revise the Mounds View
Personnel Manual as it relates to Compensatory Time for non-exempt employees; and
WHEREAS, the Compensatory Time Policy is written as follows:
D. COMPENSATORY TIME
D1 Compensatory time-off in lieu of cash payment is allowed only in
accordance with the Fair Labor Standards Act for all permanent
non-exempt employees. Compensatory time is compensated at a
rate of one and one-half times the hours worked in excess of the
established work- week.
D2. An employee may not use any more than 80 hours of
compensatory time per year.
D3. The maximum total accrued compensatory time balance shall not
exceed 50 hours per employee.
D4. The respective Department Head or the City Administrator must
give prior approval for any accumulation of compensatory time by
an employee.
D5. The respective Department Head or the City Administrator must
give prior approval for any use of compensatory time by an
employee. If an employee is terminated from employment they will
be compensated for accumulated compensatory time earned up to
the above stated maximum.
D6. Any accumulated compensatory time not used by the end of the
last pay period in November shall be cashed out; and
Resolution 6307
Page 2
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
adopt the Compensatory Time Policy, Section 3.25(D) of the Mounds View Personnel
Manual.
Adopted this 9th day of August, 2004.
_________________________________
Jerry Linke, Mayor
ATTEST:
_________________________________
Kurt Ulrich, City Administrator
(seal)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
June 14, 2004 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:05 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16
17
4. APPROVAL OF AGENDA 18
19
A. Monday, June 14, 2004 City Council Agenda. 20
21
Mayor Linke stated he would like to postpone Item 7B until the next meeting. He also stated he 22
would like to move Item 10G up in front of 10A. 23
24
MOTION/SECOND: Marty/Stigney. To Approve the Monday, June 14, 2004 Agenda as 25
amended. 26
27
Ayes – 5 Nays – 0 Motion carried.. 28
29
5. PUBLIC INPUT 30
31
Dennis Hammes, 5511 Quincy St., asked the Council what had been done as far as cars having 32
noise violations. He stated he was talking about cars with loud mufflers and boom boxes. 33
34
Chief Sommer stated noise violations were handled on a case-by-case basis. He stated if 35
someone had a specific complaint and had the license number, they would deal with that 36
individually. He stated they do issue citations for loud mufflers. 37
38
Dennis Hammes stated he would like to know how many citations had been issued for noise 39
violations in the last 90 days. 40
41
Chief Sommer stated he could get that information. He stated that it wasn’t that common to 42
issue noise violations. 43
44
Mounds View City Council June 14, 2004
Regular Meeting Page 2
Council Member Marty stated he had seen more people being pulled over in the last month than 1
at any other time since he has lived in Mounds View. 2
3
Chief Sommer stated there has been a lot of emphasis on traffic enforcement within the city, both 4
in general and for the Safe and Sober Program. 5
6
Tom Winiecki, Sherwood Road, stated there are people going 60 miles an hour down Long Lake 7
Road. He also stated there are many cars parked on the streets at 5:30 in the morning. 8
9
Dave Jahnke, 8428 Eastwood Road, stated he was appalled that any Council member would 10
consider subsidizing a golf course. 11
12
Mayor Linke stated there were many possibilities they were looking at on this issue. 13
14
Bill Rice, 2932 County Road H2, stated he would fire his financial advisor if they suggested 15
investing in that golf course. 16
17
Mayor Linke stated they were looking at about seven different options, including selling it to get 18
rid of it. He stated when they have all the information, they will make a decision. 19
20
Mr. Rice asked if they were going to put nine more holes in. 21
22
Mayor Linke stated that was no longer an option. 23
24
Mr. Rice asked whether there had been any meetings regarding the golf course behind closed 25
doors, and Mayor Linke stated that there had not. 26
27
6. CITY BUDGET QUESTIONS AND COMMENTS 28
29
None. 30
31
7. SPECIAL ORDER OF BUSINESS 32
33
A. Resolution 6284, Resolution of Appreciation for Greg Johnson 34
35
Mayor Linke read Resolution 6284. 36
37
MOTION/SECOND: Marty/Stigney. To approve Resolution 6284. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
Mayor Linke stated Greg Johnson was a good friend of his, and he will be missed. He presented 42
the framed resolution to the family. 43
44
Mounds View City Council June 14, 2004
Regular Meeting Page 3
Council Member Marty stated when he and Greg had first met, they didn’t much care for each 1
other, but that over the years they had discovered they were on the same page, and Greg really 2
cared about the City. He stated that everyone in all the departments knew him. He stated he was 3
always helping out behind the scenes. He stated that Greg knew more about the City than anyone 4
else he knew. He stated he stopped by Johnson’s Trailer Hitch two or three times a week, which 5
was like a Floyd’s barber shop in Mounds View. He stated everyone stopped there to talk, and 6
Greg always had time to talk to everybody about anything. He stated that Greg would always 7
give you his opinion without being precocious or pushy. He stated he would miss him greatly, 8
and that he was suffering along with his family over the loss. 9
10
8. JUST AND CORRECT CLAIMS. 11
12
MOTION/SECOND: Gunn/Quick. To approve Just and Correct Claims as presented. 13
14
Ayes-5 Nays -0 Motion carried 15
16
9. CONSENT AGENDA 17
18
A. Resolution 6258 Approving the Private Street Maintenance Policy 19
B. Resolution 6279 Approve and Authorize the execution of an Agreement 20
Rider with Saint Paul Board of Water Commissioners for work associated 21
with the 2003 Street Improvement Project 22
C. Cancel Public Hearing Set for Monday, June 14, 2004 and Reschedule for 23
Monday, June 28, 2004 at 7:05PM to Consider a Variance Request and 24
Conditional Use Permit Request for an Oversized Garage at 2208 Lois Drive 25
D. Set a Public Hearing for Monday, June 28, 2004 at 7:10 pm to Consider 26
Resolution 6272, an Off Sale Intoxicating Liquor License Renewal for ABC 27
Liquor located at 2840 Highway 10 28
E. Set a Public Hearing for Monday, June 28, 2004 at 7:15 pm to Consider 29
Resolution 6273, an Off Sale Intoxicating Liquor License Renewal for 30
Network Liquors located at 2354 County Road H 31
F. Set a Public Hearing for Monday, June 28, 2004 at 7:20 pm to Consider 32
Resolution 6274, an On Sale Intoxicating Liquor License Renewal for Jake’s 33
Sports Café located at 2400 Highway 10 34
G. Set a Public Hearing for Monday, June 28, 2004 at 7:25 pm to Consider 35
Resolution 6275, an On Sale Intoxicating Liquor License Renewal for 36
Robert’s Sports Bar and Entertainment located at 2400 County Road H2 37
H. Set a Public Hearing for Monday, June 28, 2004 at 7:30 pm to Consider 38
Resolution 6276, an On Sale Intoxicating Liquor License Renewal for The 39
Mermaid located at 2200 Highway 10 40
I. Executive Session Immediately Following Meeting to Discuss Union 41
Negotiations 42
J. Resolution 6278 Approving renewal of police training contract with Century 43
College 44
K. Licenses for Approval 45
Mounds View City Council June 14, 2004
Regular Meeting Page 4
L. Resolution 6280 Approving a Temporary Data Entry Position 1
M. Resolution No. 6281 Setting a Public Improvement Hearing Date and 2
Authorizing the Preparation of Plans and Specifications for the Mounds 3
View Manufactured Home Park Second Access Project 4
N. Resolution 6254 DEX Advertising for the Golf Course 5
6
Council Member Stigney requested to have item 9A removed for discussion. 7
8
MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items B, C, D, E, F, G, H, I, 9
J, K, L, M, and N as Presented. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
A. Resolution 6258 Approving the Private Street Maintenance Policy 14
15
Council Member Stigney asked where the actual draft copy of the streets policy was. 16
17
Council Member Marty stated it was after the time line with the dates. 18
19
Council Member Stigney asked if this would be attached to the resolution or if it was going to be 20
published elsewhere. 21
22
Public Works Director Lee stated it would be put into the city’s policy and procedures book, 23
which was available for public inspection. 24
25
Council Member Marty stated the second whereas in the resolution needed to be capitalized. 26
27
MOTION/SECOND. MARTY/QUICK. To waive the reading and approve Resolution 6258 28
Approving the Private Street Maintenance Policy. 29
30
Ayes -5 Nays-0 Motion carried 31
32
10. COUNCIL BUSINESS 33
34
A. 7:05 PM. Public Hearing. First reading and Introduction of Ordinance 738, 35
an Ordinance Assigning a Name to that Part of County Road 10 passing 36
through Mounds View. 37
38
Community Development Director Ericson stated that the Council had directed staff to draft an 39
Ordinance assigning a name to that part of Highway 10 that drives through the city of Mounds 40
View to eliminate the confusion that exists. He stated that notice had been sent to property 41
owners and business owners. He stated the feedback they had received thus far indicated a 42
preference for Mounds View Boulevard. Mounds View Parkway was another name the City 43
Council had been considering. 44
45
Mounds View City Council June 14, 2004
Regular Meeting Page 5
Community Development Director Ericson stated the city of Blaine had asked that a more 1
generic name be considered that could be applied to the cities of Blaine and Spring Lake Park. 2
Blaine had requested that the three cities have a meeting to discuss a name. 3
4
Mayor Linke opened the public hearing. 5
6
Jennifer Klossen, Marketing Director for Northtown Mall, stated she supported the cities getting 7
together to come up with a universal name to eliminate confusion. 8
9
Mayor Linke stated the mayor of Spring Lake Park had notified him he would like to discuss the 10
issue also. He also stated he would like to see the name be Mounds View Boulevard. He stated 11
the three Councils should get together in an informal meeting to discuss the issue. 12
13
Council member Quick suggested a committee rather than the entire Council. 14
15
City Clerk/Administrator Ulrich stated there was a joint meeting on July 22 with the cities of 16
Blaine and Spring Lake park to discuss fire department issues, and he suggested putting this item 17
on that agenda. 18
19
Christine Schnor, 2935 Highway 10, who is a bus driver, stated she would like to have one name 20
for the entire stretch of Highway 10 to eliminate confusion. 21
22
Council Member Stigney stated they owe it to the other cities to discuss it with them. He stated a 23
concern regarding postal service delivery. 24
25
Community Development Director Ericson stated the issue would have to be addressed with the 26
post office. 27
28
MOTION/SECOND. Linke/Marty. To continue the public hearing until a date after the Council 29
meets with the Blaine and Spring Lake Park Councils. 30
31
Ayes-5 Nays-0 Motion carried. 32
33
B. Resolution 6283 in Consideration of a Development Review for an Addition 34
to the Bioclean Building, 2151 Mustang Drive. 35
36
Council Member Marty momentarily left the meeting. 37
38
MOTION/SECOND. Quick/Stigney. To approve Resolution 6283, in Consideration of a 39
Development Review for an Addition to the Bioclean Building, 2151 Mustang Drive. 40
41
Ayes-4 Nays-0 Motion carried. 42
43
Council Member Marty returned to the meeting. 44
45
Mounds View City Council June 14, 2004
Regular Meeting Page 6
C. 7:16 PM Public Hearing for 2003 Street Improvement Project Resolution 1
6265, Assessment Hearing, and Adoption of a Special Assessment Levy. 2
3
Public Works Director Lee stated this is a continuation of the assessment hearing from May 24th. 4
He proposed holding the assessment hearing and then going to item 10D, which is to look at 5
awarding the contract for the 2003 Street Improvement Project, and then coming back to 6
adopting the assessment levy. He stated whether some of the items are awarded or not will affect 7
the assessment amounts, and so they need to award the contract before they approve the adoption 8
of the assessment levy. 9
10
Public Works Director Lee stated the 2003 Street Improvement Project calls for upgrade of the 11
streets that lie generally south of County Road 10 and north of County Road H2, and west of 12
Long Lake Road. He stated Lake Court Drive & Circle was originally part of the project, but 13
they were deleted since they had some issues with those private streets being converted over to 14
public streets. 15
16
Public Works Director Lee stated that the project as proposed calls for total reconstruction of the 17
streets west of Silver Lake Road, and the streets will be adjusted to 28 feet in width. He stated 18
the streets east of Silver Lake Road, since they already have concrete curb and gutter, would have 19
upgraded bituminous surface, some minor replacement of the curb and gutter, and replacement 20
and upgrade of the infrastructure. He stated sanitary sewer improvements that were necessary 21
would be part of the 2003 Street Improvement Project. 22
23
Public Works Director Lee stated bids were received for a proposed sidewalk on the west side of 24
Groveland from County Road I to County Road 10, and bids were also open for the parking lot at 25
the Lakeside Lions Park. He stated the estimated total cost for the project is $2,178,000, of 26
which $557,000 would be assessed. He stated Spring Lake Park would pay for their portion of 27
the project, and also Municipal State Aid would be paying for a portion of it. He stated Mounds 28
View Special Project funds would be used depending on whether or not the City Council awards 29
the contract for Lakeside Lions Park. 30
31
Public Works Director Lee stated on April 22 the City received five bids for the project, and that 32
the low bidder was Hard Drives, Inc. at $1,574,000. He stated Alternate No. 1 for the Groveland 33
sidewalk was $40,234, and Alternate No. 2 for Lakeside Lions parking lot is a little under 34
$100,000. He stated the base bid came in 8.8 percent less than the engineer’s estimate for this 35
project. He stated assuming the City adopts the assessment levy for this project, payments would 36
be due with interest up until October 31st of this year. He stated the assessments period would be 37
certified to the county, and residents would have a period of ten years to pay those assessments at 38
an interest rate of 5 percent. 39
40
Public Works Director Lee stated there was a neighborhood reconstruction meeting on June 3rd. 41
He stated the meeting is on tape and it’s also being re-broadcasted on cable. He stated there is 42
also a preconstruction meeting on June 21st. He stated that at that time they’ll be meeting with 43
the contractor and getting a lot more information on the project in terms of start dates and the 44
general plan from Hard Drives. He stated notice would be sent to residents the week of June 21st 45
Mounds View City Council June 14, 2004
Regular Meeting Page 7
informing them of the overall plan. He stated they anticipate a June 22nd construction start date. 1
He stated he didn’t anticipate them starting to rip up the streets until after July 4th. 2
3
Public Works Director Lee stated there had been a delay of three weeks because of issues with 4
the Rice Creek Watershed District, which have been worked out as laid out in the staff report. 5
One of the issues included a change order to add in water quality items. 6
7
Public Works Director Lee stated the requested action from the City Council would be to hold 8
the assessment hearing, to award the base bid, to award Bid Alternates 1 and 2, and to adopt a 9
special assessment levy. 10
Mayor Linke opened the public hearing. 11
12
Lisa Sunde, 7850 Groveland Road, stated she didn’t want a sidewalk and couldn’t afford a 13
sidewalk, and stated a petition had been signed by all the residents on Groveland stating they 14
were against the sidewalk. 15
16
Mayor Linke stated the sidewalk would be part of the City’s trail system. 17
18
Council Member Marty stated the city streets are falling apart because the homeowners had 19
previously voted not to do anything, and unless some action is taken, the whole city is going to 20
look run down. He stated they had to make some hard decisions for the betterment of the entire 21
city. 22
23
Heidi Neumann, 7770 Groveland Road, stated she disagreed with building the sidewalk on 24
Groveland because of safety issues with children potentially crossing the highway at the end of 25
the sidewalk and because the City has not defined how the additional maintenance costs for the 26
sidewalk would be budgeted. 27
28
Public Works Director Lee stated it would cost approximately $320 annually for maintenance of 29
the sidewalk. He stated they would take every step available to try to prevent pedestrians from 30
crossing the highway. 31
32
Council Member Marty stated he was concerned that children would cross Highway 10 at the end 33
of Groveland if a sidewalk were put in, and he stated that it would be better to continue the Silver 34
Lake Road sidewalk/trailway at this time to get people to a controlled intersection. 35
36
Council Member Quick stated you can’t stop people from walking where they want to walk, and 37
he didn’t feel putting the sidewalk in would really affect the amount of traffic crossing Highway 38
10 at that point. 39
40
There was a general discussion about the Groveland sidewalk, and Mayor Linke stated it would 41
be cheaper to put the sidewalk in while the construction people are in the area already. Ms. 42
Neumann again stated the safety concerns. 43
44
Mounds View City Council June 14, 2004
Regular Meeting Page 8
Rick Wyatt, 7515 Knollwood Drive, stated his opinion that the sidewalk is not necessary. He 1
asked a question regarding the mailboxes. 2
3
Mayor Linke stated the decision regarding mailboxes was made by the Post Office, who were 4
requiring grouped mailboxes be put in by the City. 5
6
Al Cleland, 3017 Bronson Drive, stated there was no need for a sidewalk on Groveland, and also 7
stated safety concerns for the children. 8
9
Mayor Linke closed the public hearing. 10
11
Following the vote on Item D, Resolution 6268, there was a discussion regarding whether or not 12
the language in the resolution was correct, and it was determined that it was correct. 13
14
MOTION/SECOND. Stigney/Marty. To waive the reading and approve Resolution 6265 as 15
presented. 16
17
Ayes-5 Nays-0 Motion carried. 18
19
D. 2003 Street Improvement Project Resolution 6268, Construction Contract 20
Award 21
22
MOTION/SECOND: Quick/Gunn. To waive the reading and adopt Resolution 6268 as 23
presented. 24
25
Council Member Marty again stated his concerns for the safety of children crossing Highway 10. 26
27
MOTION/SECOND. Stigney/Marty. To amend the prior motion to delete option number four, 28
which is Bid Alternate No. 1, to remove the sidewalk on Groveland portion of the contract. 29
30
Council Member Gunn stated she was going to go along with the amendment and felt that their 31
money was better spent on correcting Silver Lake Road. 32
33
Mayor Linke stated his support for the sidewalk on Groveland because of continuing the trail 34
system. 35
36
Mayor Linke stated they would vote on the motion to amend to delete the sidewalk on 37
Groveland. 38
39
Ayes – 3 Nays – 2(Linke/Quick) Motion carried 40
41
Mayor Linke stated they would vote on the motion to adopt Resolution 6268, with the deletion of 42
Bid Alternate No. 1 (sidewalk on Groveland). 43
44
Ayes-5 Nays-0 Motion carried. 45
Mounds View City Council June 14, 2004
Regular Meeting Page 9
1
E. Banquet Center Operations 2
3
City Clerk/Administrator Ulrich stated the Banquet Center Operations is under an interim 4
agreement with the Mermaid, which expires in 2004. There is some information back at looking 5
at other community centers, but not all of it. He stated they would report back on the 28th, and at 6
that time the Council could also consider a request for a proposal to bring in a full-time caterer 7
for the Banquet Center Operations. 8
9
Mayor Linke asked Mr. Ulrich whether any action on this item needed to be taken. City 10
Clerk/Administrator Ulrich stated no action was needed until the rest of the information is 11
received. 12
No action taken. 13
14
F. Banquet Center Capital Expenditures 15
16
City Clerk/Administrator Ulrich stated there are several capital expenditures being brought 17
forward for the Banquet Center, including carpet, entrance mats, water softener, new projection 18
screen, and refinishing the dance floor. He stated the carpet is in the Capital Improvement 19
Program to be replaced in 2005. He stated the Council is being asked whether to move ahead 20
and do these items at this time or wait, and staff is recommending moving forward to get bids, 21
and then bringing it back for Council action. 22
23
Council Member Marty asked whether Public Works could refinish the dance floor. 24
25
City Clerk/Administrator Ulrich stated he would have to check on that. 26
27
Mayor Linke stated it takes a lot of expertise to refinish a wood floor because it could be easily 28
destroyed. 29
30
Cindy Weingardner, from the Mermaid, stated the gymnasium floor is being resurfaced this 31
summer, so perhaps the dance floor could be done at the same time for perhaps less money. 32
She commented on the poor condition of the carpet. 33
34
Mayor Linke stated the carpet needed to be replaced about four years ago. 35
36
MOTION/SECOND: Linke/Marty. To pursue getting three bids for the items needing 37
replacement at the Banquet Center. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
G. Second Reading and Adoption of Ordinance 737, an Ordinance to amend 42
Chapter 603. Garage and Rubbish, Section 603.06, sub. 2, Requirements and 43
Restrictions – ROLL CALL VOTE. 44
45
Mounds View City Council June 14, 2004
Regular Meeting Page 10
MOTION/SECOND. Gunn/Stigney. To approve the second reading and adopt Ordinance 737, 1
an Ordinance to amend Chapter 603, amended to say restricted to Wednesdays and Thursdays. 2
3
MOTION/SECOND. Linke/Marty. To postpone the vote until the public has had a chance to 4
speak. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
Cheryl Bornhorst, Sunnyside Drive, stated she was sensitive to the noise of the garbage trucks 9
and gets woke up by them. She stated she was happiest with Larry’s being her hauler, and 10
supported the adoption of Wednesdays and Thursdays for pickups. 11
12
Theresa Lexon spoke in support of Larry’s and the Wednesday/Thursday pickup schedule. 13
14
Gerald Klute, 7869 Greenwood Drive, stated there was no problem with the way the pickup is 15
handled at the present time. 16
17
Ed Trettel, 7401 Parkview Drive, read a letter he had submitted to the Council stating his 18
position that he didn’t believe any change was needed. 19
20
Dennis Hammes, 5511 Quincy, stated he didn’t want a one-day only pickup in the city because it 21
would eliminate competition. 22
23
Paul Hanzelka, 8470 Eastwood Road, stated he was in agreement with what others have said and 24
agrees with the two days of garbage pickup. 25
26
Don Rossbach, 2297 Lois Drive, stated he agreed with the Wednesday and Thursday pickup. 27
28
William Werner, 2765 Sherwood Road, stated he hoped the Council would do the right thing in 29
the spirit of community. 30
31
Ryan Markfelt, Adan Avenue, stated he would like to keep Larry as his hauler and have 32
Wednesday and Thursday pickup. 33
34
Sharon Kirscher, 8406 Red Oak Drive, stated Larry backs up her 250 foot driveway to pick up 35
her trash and it would be a hardship to lose him as her hauler. 36
37
Rick Wyatt, 7515 Knollwood, stated Larry’s trucks are far quieter than the others and suggested 38
having the pickup time begin later in the morning. He stated he didn’t think anything else needed 39
to be changed. 40
41
Steven Merk, 5065 Sunnyside Road, stated he was for one day pickup because he works the third 42
shift and gets woke up by the garbage trucks. 43
44
Mounds View City Council June 14, 2004
Regular Meeting Page 11
Larry Saba, of Larry’s Quality Sanitation, gave an overview of his family business, and stated he 1
needs to pick up the garbage on Wednesdays in Mounds View. 2
3
Naja Werner commented on a quote from the June 2nd article in the New Brighton Bulletin in 4
reference to something Council Member Quick had said that she said disturbed her. 5
6
Dave Jahnke, 8428 Eastwood Road, stated one of the garbage companies is connected with the 7
mob. 8
9
Mayor Linke thanked everyone for coming. Council Member Marty thanked everyone for their 10
calls. He stated this was something he was trying to get passed because he had had calls from 11
residents who worked the third shift who were being woken up by garbage trucks. 12
13
There was a discussion regarding having a single source provider pick up recycling. Public 14
Works Director Lee stated staff could put together a proposal for that. Mayor Linke suggested 15
putting it on for a work session. 16
17
Council Member Quick stated the statement referenced by Naja Werner was taken out of context. 18
19
Council Member Stigney stated he had had 41 voice mail messages that indicated to him strong 20
support for not driving Larry’s out of the community. 21
22
ROLL CALL: Linke/Quick/Marty/Stigney/Gunn 23
24
Ayes-5 Nays-0 Motion carried. 25
26
H. First Reading of Ordinance 741, an Ordinance to amend Title 400 of the City 27
Code regarding the Appointment and Terms of the Planning and Zoning 28
Commission, Police Civil Service Commission, Economic Development 29
Commission and the Parks and Recreation Commission . 30
31
Mayor Linke stated the part regarding the Police Civil Service Commission, should read that 32
each member shall be appointed by the City Council, and to scratch, “based on recommendation 33
of the Police Civil Service Commission.” 34
35
MOTION/SECOND: Linke/Marty. To adopt the first reading of Ordinance 741, and to amend it 36
to incorporate the change, “Each member shall be appointed by the Council,” and deleting the 37
rest of the sentence. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
I. Resolution 6285 Authorizing the Submittal of a Letter to Ramsey County 42
Requesting Financial Assistance for the Silver Lake Road Sidewalk Project 43
44
Mounds View City Council June 14, 2004
Regular Meeting Page 12
Council Member Marty stated he had had a conversation with Greg Lee and Kurt Ulrich to 1
suggest adding more terminology in the resolution directed toward health, safety, and welfare as 2
there is no safe way for pedestrians, elderly, or handicapped children to traverse, so that is how 3
this came about. 4
5
Mayor Linke left the room. 6
7
Public Works Director Lee passed out a revised Resolution 6285, which added two whereas 8
clauses as follows: “Whereas, a sidewalk will promote a safe pedestrian corridor along Silver 9
Lake Road to aid in the health, safety, and welfare of the community, and, whereas, said sidewalk 10
will provide continuity of the county’s pedestrian corridor by connecting the existing system.” 11
12
MOTION/SECOND. Stigney/Gunn. To adopt revised Resolution 6285. 13
14
Ayes-4 – Nays –0 Motion carried. 15
16
Mayor Linke returned to the room. 17
18
J. Resolution 6282 Approving an Agreement to Purchase 2525 County Road 10 19
(Gas for Less) for $820,000 20
21
Economic Development Coordinator Backman stated on April 26, 2004 the Mounds View 22
Economic Development Authority authorized staff to proceed with an appraisal of the 23
commercial property at 2525 County Road 10, known as Gas for Less. The EDA approved that 24
an appraisal be undertaken for an amount not to exceed $4,000 to be paid from the City’s EDA 25
funds. Tisdell Appraisal Services, Inc. from Burnsville was selected at a cost of $3,000, and the 26
complete appraisal was submitted to the City on May 27, 2004. Mr. Tisdell places the market 27
value of the facility as $819,000. 28
29
Economic Development Coordinator Backman stated on May 19, 2004 the Mounds View 30
Planning Commission considered and approved a resolution recommending approval of the 31
acquisition of the parcel at 2525 Highway 10. The Commissioners determined that the city’s 32
acquisition of the lot would be consistent with the Comprehensive Plan future land use map. On 33
May 24, 2004 the Mounds View City Council authorized staff to negotiate a purchase agreement 34
to acquire the commercial property at 2525 Co. Highway 10 and present the agreement to the 35
City Council for final action. 36
37
Economic Development Coordinator Backman stated staff has contacted Twin Cities companies 38
that conduct environmental assessment activities. During the first week of June three 39
engineering companies (Peer Engineering, DPRA, and Applied Engineering) provided proposals 40
to the City to undertake Phase I and other assessment activities. Staff advises that these 41
environmental activities be completed prior to the proposed closing on the property on June 30, 42
2004. 43
44
Mounds View City Council June 14, 2004
Regular Meeting Page 13
Economic Development Coordinator Backman stated that staff recommends that the Mounds 1
View City Council adopt Resolution 6282 that authorizes staff to enter into a purchase agreement 2
for $820,000 with Calhoun Companies to acquire the commercial property known as Gas for 3
Less located at 2525 County Highway 10. Staff further recommends that the City of Mounds 4
View approve a Phase I Environmental Assessment, tank removal cost estimate and a minimum 5
of four site borings be undertaken of the site for an amount not to exceed $7,500, and that the 6
results are submitted to the City prior to June 30, 2004. 7
8
Council Member Stigney asked whether the seller would pay the $7,500 for the borings and tank 9
estimate to reduce the cost. 10
11
Economic Development Coordinator Backman stated he didn’t think they would agree to that. 12
13
Council Member Stigney asked if the purchase would originally come from the Special Projects 14
Fund. Economic Development Coordinator Backman stated that it would. Council Member 15
Stigney asked if it would later be transferred and paid out of the TIF fund, and Economic 16
Development Coordinator Backman stated that it would. He stated there are no problems in so 17
doing. 18
19
Council Member Stigney asked what is being proposed to come in there. Economic 20
Development Coordinator Backman stated the interest has been very good amongst the 21
development community, and he has had conversations with four parties so far. One of the 22
choices was for a restaurant. There was a discussion regarding recovering the City’s costs that 23
were invested in the project. 24
25
Sam Schrouki, stated he is relocating to Minnesota and has the other purchase agreement for this 26
property. He stated he wishes to improve the business as a gas station, and that he has a closing 27
date for the following day. He stated he has his tax sales number, his permits, and licensing, and 28
that all the preparations have been made to open the business. 29
30
MOTION/SECOND. Marty/Quick. To waive the reading and approve Resolution 6282. 31
32
There was further discussion regarding the matter wherein Mayor Linke and Council Member 33
Stigney stated they would not support the City buying the property. 34
35
Rick Wyatt stated his support for Mr. Sheroky buying the existing business, rather than the City 36
buying it and demolishing it. 37
38
Ayes –2(Marty/Quick) Nays-3 (Gunn/Linke/Stigney) Motion failed. 39
40
K. Resolution 6235 Approving a Gasoline and Tobacco License for Gas for Less 41
located at 2525 Highway 10 42
43
MOTION/SECOND. Marty/Stigney. To approve Resolution 6235. 44
45
Mounds View City Council June 14, 2004
Regular Meeting Page 14
Ayes-5 Nays-0 Motion carried. 1
2
L. 800 MHz Communications System 3
4
Police Chief Sommer stated the entire project is estimated at $35.65 million. He stated the 5
Ramsey County Board of Commissioners has acted to implement the 800 MHz Communications 6
System in Ramsey County, and that Anoka and Hennepin Counties have gone to that system, as 7
well as other counties. He stated the Minnesota Highway Patrol is on the system. He stated there 8
has been a communication problem in emergency situations, and this system will eliminate that. 9
10
Police Chief Sommer stated the project is moving forward, and the cost to the City of Mounds 11
View has not yet been determined. He stating dispatching services are currently contracted 12
through Ramsey County. He stated that staff recommends submitting a letter to Ramsey County 13
stating that we would like the current level of service to continue. 14
15
Mayor Linke and Council Member Marty stated the letter looks good, but to change the date, and 16
send it. 17
18
M. First Reading and Introduction of Ordinance No. 740 to Amend Chapter 19
907.06 Entitled “Storm Water” in the Mounds View City Code. 20
21
Public Works Director Lee stated he would like to amend Subd. 5 to be $100. 22
23
MOTION/SECOND. Gunn/Stigney. To waive the reading and approve the first reading of 24
Ordinance No. 740, with Subd. 5 amended to $100. 25
26
Ayes-5 Nays-0 Motion carried. 27
28
11. APPROVAL OF MINUTES 29
30
A. City Council Minutes May 24, 2004 31
32
MOTION/SECOND: Gunn/Stigney. To Approve the City Council Minutes for May 24, 2004. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
12. REPORTS 37
38
A. Reports of Mayor and Council. 39
40
Council Member Marty stated the Festival of the Parks Golf Tournament would be August 14th 41
and they are sending out flyers. He stated Friendly Chevrolet is going to sponsor a Hole in One 42
Contest for a car. 43
44
Mounds View City Council June 14, 2004
Regular Meeting Page 15
Council Member Gunn stated forms are available at the Community Center for the Fun Run, with 1
a pancake breakfast following. 2
3
Mayor Linke suggested providing the Council with 11” x 17” photocopies of plan sets from now 4
on in the packets supplied to Council members. 5
6
Mayor Linke discussed being the Parade Marshal at the Spring Lake Park parade yesterday, and 7
congratulated them on a well-run festival. 8
9
B. Staff 10
11
City Clerk/Administrator Ulrich stated the Administrators Digest was on their desks, and he 12
pointed out that July 22nd is the potential date for a joint meeting with Blaine and Spring Lake 13
Park Fire Departments, and they could also perhaps talk about renaming County 10 that evening. 14
15
City Clerk/Administrator Ulrich stated June 17th at 6:30 there will be a meeting with MnDOT 16
and the cities of New Brighten and Arden Hills, to be held at the MnDOT Training Center off 17
County Road I. He stated the purpose of the meeting is to provide an understanding of the 18
decisions that need to be made relating to I-35W, I-694, Trunk Highway 10, and County Road 19
96. He stated also the intersection of County Road 10 and 96 in Arden Hills would be discussed. 20
. 21
22
C. City Attorney 23
24
No report. 25
26
13. Next Council Work Session: Tuesday, July 6, 2004 27
Next Council Meeting: Monday, June 28, 2004, 6:30 p.m 28
29
14. ADJOURNMENT 30
31
Mayor Linke adjourned the meeting at 10:47 p.m. 32
33
Transcribed and recorded by: 34
35
36
Sheree Theobald 37
Timesaver Off Site Secretarial, Inc. 38
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
July 26, 2004 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Linke, Marty, Stigney, and Gunn 16
ABSENT: Quick 17
18
4. APPROVAL OF AGENDA 19
20
Monday, July 26, 2004 City Council Agenda. 21
22
Acting City Clerk Sommer requested to add Item 9J, Authorization to Partner with White Bear 23
Lake Police Department in pursuing a grant for Save and Sober Enforcement Funds for 2005 to 24
the Agenda. 25
26
MOTION/SECOND: Marty/Stigney. To Approve the Monday, July 26, 2004 Agenda as 27
amended. 28
29
Ayes –4 Nays – 0 Motion carried. 30
31
5. PUBLIC INPUT 32
33
None. 34
35
6. CITY BUDGET QUESTIONS AND COMMENTS 36
37
None. 38
39
7. SPECIAL ORDER OF BUSINESS 40
41
A. YMCA Quarterly Report Presentation. 42
43
Pat Riemersma from the YMCA stated that the new programs at the YMCA include 44
Kindergarten gym time, beginning Spanish, volleyball, and Lacrosse. She stated 85 individuals 45
Mounds View City Council July 26, 2004
Regular Meeting Page 2
are enrolled in Safety Camp in August. She also stated anyone wishing to participate in the Fun 1
Run in conjunction with the Festival in the Park can sign up at the Community Center. She stated 2
that Teen Night is continuing during the summer on the third Thursday and the last Friday of 3
each month. 4
5
B. Robert Musil from the Minneapolis Metro North Conventions and Visitors 6
Bureau 7
8
Robert Musil introduced himself as the new Executive Director for the Minneapolis Metro North 9
Conventions and Visitors Bureau. He stated he would be back in late September to present the 10
annual report and the 2005 budget. He gave a brief overview of the lodging tax and how it is 11
spent. 12
13
8. JUST AND CORRECT CLAIMS. 14
15
Council Member Marty had a question on page 12, Item 113963, regarding the -$110 hunting 16
feature. 17
18
MOTION/SECOND: Marty/Gunn. To waive the reading and approve the Just and Correct 19
Claims as presented. 20
21
Ayes-4 Nays -0 Motion carried 22
23
9. CONSENT AGENDA 24
25
A. Licenses for Approval 26
B. Set a Public Hearing for August 23, 2004 at 7:05pm for a Second Reading of 27
Ordinance 742, Amending Section 2.06 (Mayor’s Powers and Duties), Section 28
4.05 (Vacancy of Municipal Elected Office), and Section 9.01 (Acquisition of 29
Property) of the City Charter. 30
C. Set a Public Hearing for August 23, 2004 at 7:10pm for the Second Reading 31
of Ordinance 743, Amending Chapter 5 of the City Charter. 32
D. Set a Public Hearing for August 9, 204 at 7:20pm to Consider a Conditional 33
Use Permit Request for Outdoor Storage at 2159 Mustang Drive. 34
E. Set a Public Hearing for August 9, 2004 at 7:25pm to Consider a Variance 35
Request for a Thirty-six Foot Wide Curb Cut at 7090 Silver Lake Road. 36
F. Resolution 6311 Resetting the Bid Date for the Hidden Hollow Street and 37
Utility Installation Project and the Mounds View Manufactured Home 38
Community Second Access Project. 39
G. Resolution 6312 Adjusting the Assessment for the 2003 Street Improvement 40
Project 41
H. Set a Public Hearing for August 23, 2004 at 7:15pm for the Public Hearing, 42
introduction, and First Reading of Ordinance 746, an Ordinance 43
Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas 44
Operations within the City of Mounds View for the Year 2005. 45
Mounds View City Council July 26, 2004
Regular Meeting Page 3
I. Set a Public Hearing for August 23, 2004 at 7:20pm for the Public Hearing, 1
introduction, and First Reading of Ordinance 747, an Ordinance 2
Implementing a Franchise Fee on Center Point Energy Natural Gas 3
Operations within the City of Mounds View for the Year 2005. 4
J. Authorization to Partner with White Bear Lake Police Department in 5
pursuing a grant for Save and Sober Enforcement Funds for 2005. 6
7
Council Member Marty requested to have Items G and J removed. 8
9
MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, B, C, D, E, F, H, 10
and I. 11
12
Ayes – 4 Nays – 0 Motion carried. 13
14
G. Resolution 6312 Adjusting the Assessment for the 2003 Street Improvement 15
Project 16
17
Council Member Marty stated they had discovered two of the ten properties were garages, and 18
asked if the assessments would increase for the eight remaining properties. 19
20
Public Works Director Lee stated that the City would end up paying the $846 because it wouldn’t 21
be economical to give notice and hold another hearing. 22
23
MOTION/SECOND: Marty/Stigney. To approve Resolution 6312, Adjusting the Assessment 24
for the 2003 Street Improvement Project. 25
26
Ayes-4 Nays-0 Motion carried. 27
28
J. Authorization to Partner with White Bear Lake Police Department in 29
pursuing a grant for Save and Sober Enforcement Funds for 2005. 30
31
Council Member Marty asked Chief Sommer why they were partnering with White Bear Lake 32
rather than Ramsey County. 33
34
Police Chief Sommer stated Ramsey County is out of the program next year, and they have to 35
wait a year to reapply. He stated the Department of Public Safety pays officers overtime to do 36
enforcement on DWI, passenger safety, and speeding, and this year they are putting in a grant 37
proposal with White Bear Lake only. He stated Mounds View can be in the program for two 38
more years, and then they will be out of the program for a year. 39
40
MOTION/SECOND. Marty/Gunn. To authorize partnering with the White Bear Lake Police 41
Department in pursuing a grant for Save and Sober Enforcement Funds for 2005. 42
43
Ayes-4 Nays-0 Motion carried. 44
45
Mounds View City Council July 26, 2004
Regular Meeting Page 4
10. COUNCIL BUSINESS 1
2
A. Rick Winters, the son of Dorothy Winters, would like to speak to Council 3
regarding a reimbursement request for Basement Flood Damage due to a Main 4
Sewer Line Blockage at 7831 Sunnyside Road. 5
6
Rick Winters, son of property owner, Dorothy Winters, stated on December 27, 2003 his 7
mother’s sewer backed up, leaving two inches of sewage in her basement, and the backup 8
occurred due to a blockage in the street. He stated that Service Master worked for three days to 9
clean up the basement, and the cost was $5,000. He stated that the League of Minnesota Cities 10
had denied the claim. 11
12
Mr. Winters stated Title Source, the business next door, had been having sewer difficulties 13
during this same week, which the City had indicated may have been a factor in the main line 14
problem. He stated he submitted a sworn affidavit to the Council from the manager of Title 15
Source describing the events regarding the sewer problem. He stated that it would be reasonable 16
to expect the Public Works Department to contact Title Source to see if the problem had been 17
resolved so that the main line could be checked, thus preventing the sewer backup into his 18
mother’s home. He stated he believes the City of Mounds View has responsibility and liability 19
for this issue. 20
21
Council Member Stigney asked why the insurance company rejected the claim, and Mr. Winters 22
stated that they had said they felt there wasn’t liability on the City’s part because there was no 23
negligence on the City’s part because they had cleaned the line twice in the last couple of years. 24
25
Tim Pittman, Public Works Supervisor, stated that Title Source had been having problems with 26
their sewer line, which Roto-Rooter had been working on, and he had gone and checked the two 27
manholes upstream and downstream, and they were having good flow at the time. He stated that 28
probably something finally broke loose later and plugged the main. 29
30
Council Member Marty stated he would concur with Staff’s recommendation that the City assist 31
the Winters should they decide to file a case against Roto Rooter. 32
33
Mr. Winters stated he didn’t feel it was his mother’s job to sort out the facts or to go after Roto-34
Rooter or Title Source. He felt that was between the City of Mounds View and Roto-Rooter or 35
Title Source. 36
37
Mayor Linke stated that what happens inside of that service connection is out of the City’s 38
control. He stated that they wouldn’t want to set a precedent for the City by paying this $5,000 39
claim. 40
41
Mr. Winters stated that the City hadn’t had a blockage for ten years, so it wasn’t an event that 42
happened very often. 43
44
Mounds View City Council July 26, 2004
Regular Meeting Page 5
Council Member Marty asked whether they had submitted a claim to Mrs. Winter’s insurance 1
company. 2
3
Mr. Winters stated that that insurance had a $500 deductible and the premiums would increase if 4
she made a claim. He stated the insurance agent had stated that they need to talk to the City 5
because the insurance would not pay to clean out a blocked sewer line. 6
7
City Attorney Riggs stated the City can’t be negligent in this situation because there is a regular 8
pattern of practice of servicing these lines. He stated the League defends these claims very 9
vehemently. He stated the City could purchase a policy from the League to cover no fault sewer 10
backup type situations like this. 11
12
Council Member Gunn stated if there were litigation fees over this issue, it would be less 13
expensive for the City to pay this claim outright. 14
15
Council Member Stigney stated that the Winters should pursue their homeowner’s insurance. 16
17
MOTION/SECOND. Gunn/Marty. To table this item and discuss it at next week’s Work 18
Session. 19
20
Ayes-4 Nays-0 Motion carried. 21
22
B. Resolution 6313 Dedicating Park Dedication Funds in the 2005 Budget for 23
the Greenfield Park Playground Equipment Replacement Project. 24
25
Public Works Director Lee stated the Parks and Recreation Committee had made two motions 26
last Thursday, one being to recommend the expenditure of $8,000 for fiberfill and border around 27
the playground equipment, to be taken out of the Park Dedication Fund in 2005, and the other 28
was to recommend not to expend the funds, estimated to be $500, to assist in the printing and 29
postage of the donation letter. 30
31
John Kroeger stated that the City of Mounds View is not in a fundraising mode or in the position 32
of raising funds for this activity, and that they felt those citizens who were looking for additional 33
funds to improve or add to the amenities of the playground equipment should raise the money to 34
pay for the mailings and printing. He suggested the City of Mounds View should provide a list 35
of businesses to them. 36
37
Public Works Director Lee stated the total budget to replace the equipment was $60,000, and 38
there would be the additional expenditure of $8,000 for the fiberfill and the border. He stated the 39
Commission offered up $40,000, and $20,000 would have to be raised in donations. 40
41
Cindy Palm stated the equipment at Greenfield Park is over 20 years old and is falling apart. She 42
requested that the Council approve $60,000 rather than $40,000, because you can get more for 43
the dollar if you purchase all the equipment at once. She stated that she and other residents were 44
Mounds View City Council July 26, 2004
Regular Meeting Page 6
prepared to approach businesses and organizations for donations. She requested that the City 1
help with postage, envelopes, and copying costs if they only approved the $40,000. 2
3
Council Member Gunn asked the City Attorney whether there would be a problem using City 4
letterhead and logo in the donation requests, and City Attorney Riggs stated that there would be a 5
problem with that. 6
7
Mayor Linke stated that the City could help with copying, but not with postage. He stated the 8
City could accept the donations, but they couldn’t solicit them. 9
10
Council Member Marty stated the Bethlehem Baptist Church had said they were going to give the 11
City $25,000 a year on different projects, and perhaps they could be approached. 12
13
MOTION/SECOND. Marty/Stigney. To waive the reading, change No. 3 of the resolution to 14
adhere to City policy, and approve Resolution 6313 as amended. 15
16
Ayes-4 Nays-0 Motion carried. 17
18
C. 7:05 PM: Public Hearing to Consider Resolution 6308, Approving a 19
Conditional Use Permit Request for an Oversized Garage at 7806 Gloria 20
Circle. 21
22
Mayor Linke opened the public hearing. 23
24
Council Member Marty asked why the garage couldn’t be built within the 35-foot width, and 25
Planning Associate Prososki stated three vehicles and a recreational watercraft needed to be 26
stored. She stated there was a 20-foot utility easement which would not allow the garage to be 27
built any deeper, so the request was to make up the square footage in width. 28
29
Mayor Linke closed the public hearing. 30
31
MOTION/SECOND. Gunn/Marty. To approve Resolution 6308, Approving a Conditional 32
Permit Request for an Oversized Garage at 7806 Gloria Circle. 33
34
Ayes-4 Nays-0 Motion carried. 35
36
D 7:10 p.m. Public Hearing, Second Reading and Adoption of Ordinance 744, 37
an Ordinance Vacating Excess Easements Associated with the Velmier CVS 38
Development at 2800 County Road 10. 39
40
Mayor Linke opened the public hearing. 41
42
Director Ericson stated there had been no changes from the First Reading, and the Ordinance 43
vacates easements that are no longer needed. 44
45
Mounds View City Council July 26, 2004
Regular Meeting Page 7
Council Member Marty asked if the utilities are on the property, and Director Ericson stated there 1
is a storm sewer or a sanitary sewer easement at the south end of the property that would 2
continue to be protected by a new easement dedicated through the Velmier plat. 3
Council Member Marty asked if those were the only utilities that are on the property that aren’t 4
already on an easement, and Director Ericson said that was correct. 5
6
There were no public comments. 7
8
Mayor Linke closed the public hearing. 9
10
MOTION/SECOND: Marty/Gunn. To waive the reading and adopt Ordinance 744 as presented. 11
12
ROLL CALL: Linke/Marty/Stigney/Gunn. 13
14
Ayes –4 Nays – 0 Motion carried 15
16
E. Presentation of Bond Sale Results by Springsted, Inc. and Resolution 6309, 17
Accepting Proposal on the Competitive Negotiated Sale of $2,245,000 General 18
Obligation Improvement Bonds, Series 2004A and Providing for their issuance 19
and Pledging for the Security Thereof Special Assessments, and Levying a Tax 20
for the Payment Thereof. 21
22
Bob Thistle stated that the City’s credit rating had been raised from an A2 to an A1, which means 23
the City will be able to borrow money at a lower interest rate in the future. He stated in 2004 the 24
City had $90,000 cut from State aid, and this year there will be a $360,000 cut. He stated the 25
City’s debt burden is modest, and 97 percent of it will be paid off in less than ten years. 26
27
Mr. Thistle stated Wells Fargo Brokerage Services purchased insurance for this particular bond 28
issue, which means that it trades as a AAA. He stated the interest rate would be 3.89 percent. 29
Mayor Linke opened the public hearing. 30
31
MOTION/SECOND. Marty/Stigney. To adopt Resolution 6309 as presented. 32
33
Ayes-4 Nays-0 Motion carried. 34
35
F. Second Reading and Adoption of Ordinance 745, an Ordinance Approving 36
Amendments to Section 1204.02 Relating to Park Dedication Requirements. 37
38
Mayor Linke asked whether there were any changes since the First Reading, and Director Ericson 39
stated he would like to make one correction to page 3, which was highlighted, to read as follows: 40
“If an equivalent amount in cash from the subdivider for part or the entire portion required to be 41
dedicated is to be paid by the subdivider, such amount is due no later than at the time of final 42
approval of the proposed subdivision.” 43
44
Mounds View City Council July 26, 2004
Regular Meeting Page 8
Council Member Marty asked if the subdivision comes before the Council, they can’t approve it 1
until it’s actually paid, and Director Ericson stated that that is typically how they have done it. 2
He stated they could certainly require that they get a check in hand prior to Council authorization, 3
or if that didn’t happen, the Council has the ability to include that as a contingency. 4
5
MOTION/SECOND: Marty/Stigney. To waive the reading and adopt Ordinance 745 as 6
amended. 7
8
Director Ericson stated that the full ordinance would be published on the City’s web site, but 9
only a summary would be published in the newspaper. 10
11
ROLL CALL: Linke/Marty/Stigney/Gunn. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
G. Resolution 6314 Approving the Draft Feasibility Report, Waiving the Public 16
Improvement hearing, Ordering the Project, and Awarding the Excavation 17
Contract for the Silver View Sedimentation Pond Project. 18
19
Council Member Marty stated it looked like they were coming in way under budget on this 20
matter, and Public Works Director Lee stated that that was correct. 21
22
MOTION/SECOND. Marty/Stigney. To waive the reading and approve Resolution 6314 as 23
presented. 24
25
Ayes-4 Nays-0 Motion carried. 26
27
H. Resolution 6310 Authorization to hire one replacement Police Officer for the 28
vacancy created by Deputy Chief Brennan’s resignation. 29
30
MOTION/SECOND. Gunn/Marty. To approve Resolution 6310 as presented. 31
32
Council Member Marty stated Chief Sommer had some items in his staff report regarding 33
realigning the police department, and that those should be forwarded for discussion in a work 34
session. 35
36
Ayes-4 Nays-0 Motion carried. 37
38
39
I. Resolution 6315 selecting a Consultant for the Spring Creek Wetland Basin 40
Delineation Project. 41
42
Director Ericson stated SEH was the low bidder by a significant margin, and he felt it was due to 43
the fact that they had done the City’s Water Management Plan and already had a lot of the data. 44
45
Mounds View City Council July 26, 2004
Regular Meeting Page 9
Council Member Marty stated it looked like their time schedule was off because it stated they 1
would have this done by the end of September. Director Ericson stated it was already two weeks 2
behind schedule because they had wanted to bring this to the Council at the last meeting. 3
4
MOTION/SECOND. Marty/Stigney. To waive the reading and to adopt Resolution 6315, 5
Selecting a Consultant for the Spring Creek Wetland Basin Delineation Project. 6
7
Ayes-4 – Nays –0 Motion carried. 8
9
J. Resolution 6316 Authorizing the Purchase of a New Staff Car and Amending 10
the Budget. 11
12
Director Ericson stated that one of the staff cars had been red flagged and was inoperable, and 13
that Staff was recommending purchasing a certain 2005 Chevrolet Cavalier because they had 14
received a $1,000 discount on it. 15
16
MOTION/SECOND. Marty/Gunn. To waive the reading and approve Resolution 6316 as 17
presented. 18
19
Ayes-4 Nays-0 Motion carried. 20
21
11. APPROVAL OF MINUTES 22
23
A. June 14, 2004 City Council Minutes 24
25
Council Member Marty stated they had not yet received the corrected June 14, 2004 Minutes. 26
27
MOTION/SECOND. Marty/Stigney. To postpone approval of the June 14, 2004 Minutes until 28
the next Council meeting. 29
30
Ayes-4 Nays-0 Motion carried. 31
32
B. July 12, 2004 City Council Minutes 33
34
MOTOIN/SECOND. Gunn/Marty. To approve the July 12, 2004 City Council Minutes. 35
36
Ayes-4 Nays-0 Motion carried. 37
38
C. July 12, 2004 Executive Session Minutes 39
40
MOTION/SECOND. Marty/Stigney. To approve the July 12, 2004 Executive Session Minutes. 41
42
Ayes-4 Nays-0 Motion carried. 43
44
12. REPORTS 45
Mounds View City Council July 26, 2004
Regular Meeting Page 10
1
A. Reports of Mayor and Council. 2
3
Council Member Gunn stated that she and City Clerk/Administrator Ulrich had attended the 4
meeting in Blaine with Blaine, Spring Lake Park, and Mounds View concerning the fire station, 5
and that it was a good meeting. They had also discussed renaming County Highway 10, and had 6
decided that none of the cities’ names should be used in the renaming. 7
8
Council Member Gunn stated there would be an Art Show at Festival in the Park. The entry fee 9
would be $10, and the prize will be $50. She stated there would also be an inflatable arena for 10
jousting bouts. 11
12
Council Member Marty stated they are accepting registrations for the golf tournament for 13
Festival in the Park, and everyone would have a chance to win a car if they got a hole in one. 14
15
Council Member Marty stated he would like a printout on how much the charitable gambling 16
organizations are being put back into the community. 17
18
B. Staff 19
20
Police Chief Sommer gave the Police Department Quarterly Report. He stated he would be 21
giving a presentation at the next work session on the noise ordinance. 22
23
C. City Attorney 24
25
None. 26
27
13. Next Council Work Session: Monday, August 2, 2004 28
Next Council Meeting: Monday, August 9, 2004 29
30
14. ADJOURNMENT 31
32
Mayor Linke adjourned the meeting at 9:09 p.m. 33
34
Transcribed and recorded by: 35
36
37
Sheree Theobald 38
Timesaver Off Site Secretarial, Inc. 39