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HomeMy WebLinkAboutAgenda Packets - 2004/08/23CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, August 23, 2004 7:00 p.m. (Revised as of August 23rd at 5:30pm) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. CITY BUDGET QUESTIONS AND COMMENTS: Citizens may speak to issues regarding the City Budget. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. SPECIAL ORDER OF BUSINESS 8. JUST AND CORRECT CLAIMS 9. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:25 PM on Monday, September 13 to Consider a Conditional Use Permit Request for a Residential Kennel for 8009 Red Oak Drive C. Establish an Executive Session immediately following the EDA Meeting to discuss the City Administrator’s One Year Performance Review. D. Set a Public Hearing for 7:30 PM, Monday, September 13 to Consider the Second Reading and Adoption of Ordinance 752, an Ordinance Amending the Zoning Code Relating to Driveway Setbacks E. Resolution 6336 Ratifying the Mounds View Election Judges for the 2004 Primary and General Election. F. Resolution 6333 Authorizing the Publication of a Request For Proposal (RFP) for Work Associated with the Preparation of a Site Plan, Construction Plans, and Specifications for the Groveland Park Building Replacement Project G. Resolution 6334 Authorizing Straight Pay for Supervisors for the Sanitary Sewer Illicit Connection Inspection Program 10. COUNCIL BUSINESS A. 7:15pm Public Hearing, Introduction, and First Reading of Ordinance 746, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2005. B. 7:20pm Public Hearing, Introduction, and First Reading of Ordinance 747, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2005. City Council Agenda August 23, 2004 Page 2 C. 7:25pm Public Hearing, Second Reading and Adoption of Ordinance 750, Vacating Easements Relating to the Hidden Hollow Final Plat (roll call vote) D. First Reading of Ordinance 742, Amending Section 2.06 of the City Charter Regarding Mayor’s Powers and Duties. E. First Reading of Ordinance 743, Amending Chapter 5 of the City Charter. F. First Reading of Ordinance 748 Amending Section 4.05 of the City Charter regarding Vacancy of Municipal Elected Office. G. First Reading of Ordinance 749, Amending Section 9.01 of the City Charter regarding Acquisition of Property. H. Second Reading and Adoption of Ordinance 751, Adopting the Long Range Financial Plan for 2004 (roll call vote) I. Resolution 6337 Step Increase for Sgt Mike Kampa of the Mounds View Police Department. J. First Reading and Introduction of Ordinance 752, an Ordinance Amending the Zoning Code Relating to Driveway Setbacks K. Resolution 6335 Awarding a Construction Contract for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project L. Resolution 6331 Approving a Contract Award to Manage the Mounds View Banquet Center beginning January 1, 2005. 11. APPROVAL OF MINUTES A. August 9, 2004 Executive Session B. August 9, 2004, City Council Minutes. 12. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Mail Box Ordinance 2. Golf Course Study Update C. Reports of City Attorney 1. Innovative Images 13. Next Council Work Session: Monday, September 7, 2004 Next Council Meeting: Monday, September 13, 2004 Item No: 09A Meeting Date: August 2,3 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. A-Men Construction – General (commercial) - New Bonfe’s Plumbing & Heating – HVAC – New Budge Fence & Deck, Inc. – Fence Installation – New Grant Utilities, Inc. – Sewer/Water – New Midwest Maintenance & Mechanical – HVAC - New Schnapp Plumbing & Heating – HVAC – New Sign-A-Rama – Sign Installation – Renewal Staff Recommendation: Approve license applications as requested. Respectfully submitted, Barbara Benesch Item No: 09E Meeting Date: August 23,2004 Type of Business: CA City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Administrative Assistant Item Title/Subject: Resolution 6336 Ratifying the Mounds View Election Judges for the 2004 Primary and General Election State Law requires that election judges for the Primary and General Elections be appointed for the municipal governing body. Resolution 6336 contains a finalized list of election judges for the 2004 Primary Election (September 14, 2004), and the General Election (November 2, 2004). Recommendation: Approve the appointment of election judges for the 2004 Primary and General Election. Respectfully submitted, _____________________ Desaree M. Crane RESOLUTION 6336 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RATIFYING THE APPOINTMENT OF ELECTION JUDGES FOR THE 2004 PRIMARY AND GENERAL ELECTION WHEREAS, the City of Mounds View is required by law to hold a Primary and General Election; and WHEREAS, all proposed election judges listed on the attached sheet have met all of the State qualifications for the position of election judge. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify the appointments of the individuals listed in the attachment. BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View authorizes the City Clerk-Administrator to appoint additional election judges should there be a need. Adopted this 23rd day of August, 2004. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) 2004 ELECTION JUDGES 2004 PRIMARY AND GENERAL ELECTION NAME Ahlstrom, Cheryl Ahlstrom, Jane Angle, Ruby Arel, Madonna Bether, Mary Biltonen, Gladys Brighton, Betty Burg, Shirley Carlson, Sherril Christ, Lillian Cline, Dianne Cline, James Croon, Sharon Eenigenburg, Matt Erickson, Rita Foss, Irene Gunther, John Hanley, Marjorie Hodges, Don Jacobson, Carol Johnson, Gladys Johnson, Marilyn Johnson, Roger Lyons, Curt MacRunnels, Kathleen Mitchell, Susan Nelson, Lance Olson, Lovera Partridge, Glen Pearson, Mary Renner, Fran Renner, Raymond Robertson, Vic Robinson, Patricia Rosenburg, Marcia Rusk, Roschelle Sandell, Lenny Schlictman, Alice Schuldt, Janet Siems, Bill Stage, Jeanine Steiner, Annette Stich, Marge Strauss, Janet Striver, Marlene Thompson, Anita Vacilakes, Patti Werdien, Arlene York, Carol Item No. 9F Meeting Date: August 23, 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 6333 Authorizing the Publication of a Request For Proposal (RFP) for Work Associated with the Preparation of a Site Plan, Construction Plans, and Specifications for the Groveland Park Building Replacement Project Background: On May 10, 2004 the City Council approved Resolution No. 6203 which authorized the preparation of a site plan, construction plans, specifications, and consultant selection for the Groveland Park Building Replacement Project. In addition, the City Council authorized “the execution of a letter of agreement with TKDA for the preparation of the site plans, construction plans, specifications, and any other planning phase aspects of this project”. On June 21, 2004, the City’s engineering firm of TKDA submitted a Letter of Agreement with a list of the scope of work to be provided. On June 28, 2004, Staff presented Resolution No. 6292 approving and authorizing the execution of a Letter of Agreement with TKDA for the Groveland Park Building Replacement Project. The estimated cost of the proposed work was $19,600. At this meeting, the Council voiced an objection to the estimated costs submitted by TKDA for the proposed work for the Groveland Park Building replacement plans. The City Council did not approve Resolution No. 6292 and gave Staff direction to develop a Request For Proposal (RFP) for other engineering and architectural firms. On July 12, 2004, the City Council approved Resolution No. 6300 rescinding Resolution No. 6203 and authorizing the preparation of a Request For Proposal (RFP) for work associated with the preparation of a site plan, construction plans, and specifications for the Groveland Park Building Replacement Project. Discussion: Base on Council’s direction, Staff has developed a Request For Proposal (RFP). It is attached for Council’s review. Staff is recommending that numerous qualified Architectural and Engineering Consultant firms, including those within the City’s pool of consultants, be notified of the RFP either by publishing it or by directly mailing it to them Recommendation: It is recommended the City Council approve a resolution to authorize the publication of a Request For Proposal (RFP) for work associated with the preparation of a site plan, construction plans, and specifications for the Groveland Park Building Replacement Project Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6333 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PUBLICATION OF A REQUEST FOR PROPOSAL (RFP) FOR WORK ASSOCIATED WITH THE PREPARATION OF A SITE PLAN, CONSTRUCTION PLANS, AND SPECIFICATIONS FOR THE GROVELAND PARK BUILDING REPLACEMENT PROJECT WHEREAS, on July 12, 2004, the City Council approved Resolution No. 6300 rescinding Resolution No. 6203 and authorizing the preparation of a Request For Proposal (RFP) for work associated with the preparation of a site plan, construction plans, and specifications for the Groveland Park Building Replacement Project; and WHEREAS, based on Council’s direction, Staff has developed a Request For Proposal (RFP); and WHEREAS, Staff is recommending that numerous qualified Architectural and Engineering Consultant firms, including those within the City’s pool of consultants, be notified of the RFP either by publishing it or by directly mailing it to them. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Accepts the Request For Proposal (RFP) for work associated with the preparation of a site plan, construction plans, and specifications for the Groveland Park Building Replacement. 2. Authorizes said Request For Proposal (RFP) to be published and directly mailed to numerous qualified Architectural and Engineering Consultant firms. Adopted this 23rd day of August 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator City of Mounds View, Minnesota Request for Proposals For Architectural / Engineering Consultant to Develop Plans and Specification for the Groveland Park Building Replacement Project RFP ISSUED: August 25, 2004 Proposals Due: September 24, 2004 at 4:30 p.m. Submit Proposals to: City of Mounds View 2401 Highway 10 Mounds View, Minnesota 55112 (763) 717-4066 Attn.: Steve Dazenski Parks Supervisor I. Overview Background The City of Mounds View, Minnesota, is requesting proposals from qualified Architectural / Engineering firms to develop plans and specifications for a new park building to replace the existing building at Groveland Park in Mounds View. There currently exists a prefabricated park building located at 2815 Arden Avenue in Mounds View. This building was once a portable schoolroom. The City purchased it nearly twenty years ago and moved it to this site. The Mounds View Parks and Recreation Commission has reviewed the condition of this existing building and determined that it has reached the end of its useful life; the Commission then recommended that it be replaced. Mounds View’s Capital Improvement Plan indicates the expenditure of funds for the preparation of plans and specifications in 2004, and construction in 2005. Basic City Information Mounds View has been a municipal corporation since 1958. The City operates under a Home Rule Charter, which was adopted in 1979. The City is governed by a Mayor and four City Council members, all of whom are elected at large. The Council employs a City Administrator who is responsible for administering Council policy and managing City business on a daily basis. Mounds View is located in northern Ramsey County, approximately eight miles north of the City of St. Paul. The City encompasses an area of approximately 4.25 square miles. Since 1970, the City’s population growth has been: Year Population % Increase / Decrease 1970 10,599 - 1980 12,593 +16.0% 1990 12,541 -0.4% 2000 12,950 + 0.3% Available Resources – Plans and Specifications of a recent project In 2001, the City of Mounds View performed a similar project in Hillview Park (building address - 7901 Greenwood Drive). With this project, a contractor, based on City specifications, removed the existing building. The contractor then utilized plans and specifications to erect a new replacement building. The proposed Groveland Park Building replacement project will follow the same set of plans and specification as the Hillview Park Building, with a few minor modifications as indicated in the section, “Scope of Services”. The Hillview Park Building plans and specifications are available to interested parties upon request. The plans are in an AutoCAD format. II. Scope of Services The City of Mounds View is requesting proposals from qualified consultants to perform the following tasks related to the new park building to replace the existing building at Groveland Park in Mounds View: Task 1: Develop a Site Preparation Plan A. Place City building removal specifications in project specification book. B. Indicate any tree or object removals Task 2: Develop a Project Site Plan A. Meet with Parks Supervisor to review project scope and discuss proposed layout. B. Conduct a topographic survey of building site (approximately 200’ X 300’) using onsite hydrant as benchmark and adjacent streets as horizontal control. C. Plot survey data into a site base map to be used as a background for the site plan. D. Develop grading a plan with proposed building footprint E. Develop a utility plan with proposed building footprint Task 3: Develop Park Building Plans and Specifications A. Utilize existing Hillview Park Building plans and specifications. B. Alter Hillview Plans as follows: 1. Create a straight wall on the porch side of the building by eliminating jogs by the existing storage area and women’s bathroom. 2. Reduce the size of the bathrooms to create space next to the women’s bathroom for a new enclosed storage space with lockable access door. 3. Add a wall separating the mechanical area from the existing storage area. Change this storage to a food serving area with a tub sink, microwave, stainless steel countertop, and metal rollup shutter. 4. Add air conditioning to the shelter with an air conditioning unit to be located in the attic. 5. Provide an alternate bid for removable rubberized flooring suitable for ice skates (does not currently apply - possible future activity) 6. Provide some type of wood or other backing to aluminum eves to deter damage from hockey sticks. 7. Emphasize floor slopes toward floor drains to provide positive drainage. C. Meet with Parks Supervisor to review site and building layouts. D. Prepare final plan layouts incorporating review comments. E. Prepare construction drawings and specifications manual (Contract Documents). F. Provide City with one electronic copy and three hard copy sets of the Contract Documents for use in obtaining bids. III. Additional Services Although not part of the original proposal, the consultant firm must have the ability to provide the City additional services which shall be billable on an hourly basis, should the City choose to continue with this project and retain the services of the consultant firm. Said services may include: A. Further design effort or documentation beyond that described in Section II, including additional meetings or evaluations requested by the City. B. Meetings with the Parks and Recreation Commission or the City Council. C. Bidding or construction phase services. D. Permit application fees. E. Subsurface exploration testing. F. Additional field survey may be required. G. Construction inspection. IV. Desired Qualifications of Consultant The consultant firm selected will have a broad base of experience dealing with architectural and civil engineering projects. The consultant firm selected shall have the ability to complete the work in a timely manner. V. Organization of the Proposal Proposals should include responses to each of the following items. Include sample work products as appropriate to address the services expected from the consultant, as outlined in Section II, “Scope of Services.” Please construct your responses in the same order as listed below to facilitate review and comparison by the review committee. 1. Provide a general profile of the firm and identify the primary office serving the City of Mounds View. 2. Identify the professional staff assigned to work on this project. Indicate who is to be the lead representative and the role to be played by other team members. Include relevant experience vitae for each team member. If there is an intent to “partner” with another firm on any part of this project, provide specific detail on the firm, their role and function, team members, and responsibility assigned. 3. Summarize the firm’s support service capability; i.e., technology and research capabilities. Indicate whether the support service will be provided by the firm or outsourced. 4. Provide in detail an overview of the firm’s approach and work plan, including an outline of project tasks as they are to occur, expected information requirements, City effort and resources required. 5. Provide a time schedule for all phases of the study from initiation to completion. Indicate how the firm intends to report progress being made on different phases of the project. 6. Provide a list of at least three (3) recent public sector references including agency name, address, and name of a specific contact person. 7. Provide a fee structure and task-by-task budget of professional effort and charges consistent with understanding of the project. VI. Terms and Conditions 1. The City reserves the right to reject any or all proposals or to award the contract to another consultant if the successful applicant does not execute a contract within seven (7) days after the award of the proposal. 2. The consultant must deliver ten (10) copies of its proposals to the City Hall no later than 4:30 p.m., September 24, 2004. The address and telephone number is: Mounds View City Hall 2401 Highway 10 Mounds View, Minnesota 55112 (763) 717-4066 3. The City reserves the right to request clarification of the information submitted and to request additional information of one or more applicants. 4. Any proposal may be withdrawn up until the date and time set above for the deadline for submitting proposals. Any proposals not withdrawn shall constitute an irrevocable offer, for a period of thirty (30) days, to provide to the City the services set forth in the attached specifications, or until one or more of the proposals has been approved by the City. 5. If, through any cause, the consultant shall fail to fulfill in a timely and proper manner the obligations agreed to, the City shall have the right to terminate its contract by specifying the date of termination in a written notice to the consultant at least fifteen (15) working days before the termination date. In this event, the consultant shall be entitled to just and equitable compensation for any satisfactory work completed. 6. Any agreement or contract resulting from the acceptance of a proposal shall be on forms either supplied by or approved by the City, and shall contain, as a minimum, applicable provisions of the Request for Proposal. The city reserves the right to reject any agreement that does not conform to the Request for Proposal and any City requirements for agreements and contracts. 7. The selected consultant shall not subcontract or assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the City. 8. No reports, information, or data given to or prepared by the consultant under contract shall be made available to any individual or organization by the firm without the prior written approval of the City. 9. All data, documents and other information provided to the City by the consultant as a result of this Request for Proposal shall become the property of the City and subject to its disposal. 10. All costs associated with the preparation of a proposal in response to the Request for Proposal shall be the responsibility of the consultant submitting the proposal. 11. The consultant will be expected to meet with city officials at City Hall as needed during the course of the project. 12. The City expects the consultant to respond to routine questions on the phone which do not require considerable research on a complimentary basis. 13. Should the consultant merge or be purchased by another individual or firm, contract continuation would be at the City’s option. 14. As this is a request for proposal and not a bid, the City reserves the right to negotiate with any party and on any matter. VI. Interviews The City may select two or more consultants for oral presentations. Each firm will give a presentation summarizing their qualifications and their approach to the project. The presentation will be followed by a question- and-answer period. The individuals who will be assigned to the project will be expected to make the oral presentation. VII. Evaluation of Proposals Proposals will be evaluated based on the following criteria: 1. Responsiveness of the proposal in clearly stating an understanding of the work to be performed for the City. 2. Competence of team, including technical education and training, experience in hydrology issues and engineering work, availability of adequate personnel, and firm’s support service capability. 3. Relevant experience in similar projects. 4. Demonstrated capacity to successfully design an approach and work plan to meet project requirements and then fulfill the requirements of the plan. 5. Fee schedule 6. References VIII. Schedule of Events The following schedule of events for selection of a consultant and completion of the project has been established: Requests for Proposals available August 25, 2004 Deadline for submission of proposals September 24, 2004 Interview of Final Candidates (if necessary) September 27-30, 2004 Council appoints Consultant October 11, 2004 Project Starting Date October 18, 2004 All questions regarding this request for proposal are to be directed to: Steve Dazenski Parks Supervisor 763-717-4066 Item No. 9G Meeting Date: August 23, 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 6334 Authorizing Straight Pay for Supervisors for the Sanitary Sewer Illicit Connection Inspection Program Background: The Sanitary Sewer Illicit Connection Inspection Program was established on June 7, 2004 at a City Council Work Session. The City’s Storm Water Ordinance was revised with the first reading on June14, 2004 and the second reading and subsequent adoption on June 28, 2004. Discussion: The adopted 2004 budget (Account No. 730-4823-3030) has $46,500 under Wastewater Infrastructure Fund for professional services associated with this Sanitary Sewer Illicit Connection Inspection Program. It was planned that this amount would be used to cover any and all overtime paid to City employees associated with this inspection program. The Public Works and Parks Supervisors have volunteered to assist with to this project. They are willing to work a straight hourly rate (no overtime). The benefits to the City as a result of this proposal are as follows: • Cost savings: $25.42 and $26.71 per hour versus paying a standard worker $30.45 per hour overtime. • Presence of City Supervisor: to organize the inspections and handle any questions or problems. • Increased manpower: to complete this program in a timely manner / allowing citizen more time to make corrections. Staff recommends that the number of straight hours for this project be capped at one hundred fifty (150) hours per Supervisor. If the program last longer than expected or if there are not enough regular volunteers from the Public Work Collective Bargaining Unit, Staff will seek additional hours from the City Council at a future date. Recommendation: It is recommended the City Council approve Resolution No. 6334 authorizing the use of straight time pay for the Public Works and Parks Supervisors to be used for the Sanitary Sewer Illicit Connection Inspection Program. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6334 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE USE OF STRAIGHT TIME PAY FOR THE PUBLIC WORKS AND PARKS SUPERVISORS TO BE USED FOR THE SANITARY SEWER ILLICIT CONNECTION INSPECTION PROGRAM WHEREAS, the Sanitary Sewer Illicit Connection Inspection Program was established on June 7, 2004 at a City Council work Session; and WHEREAS, the City’s Storm Water Ordinance was revised with the first reading on June14, 2004 and the second reading and subsequent adoption on June 28, 2004; and WHEREAS, the adopted 2004 budget (Account No. 730-4823-3030) has $46,500 under Wastewater Infrastructure Fund for professional services associated with this Sanitary Sewer Illicit Connection Inspection Program, and it was planned that this amount would be used to cover any and all overtime paid to City employees associated with this inspection program; and WHEREAS, the Public Works and Parks Supervisors have volunteered to assist with this project, in that they are willing to work a straight hourly rate (no overtime); and WHEREAS, the benefits the City receives as a result of this proposal include: Cost savings, Presence of a City Supervisor, and increased manpower. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The use of straight time, hourly pay for the Public Works and Parks Supervisors to be used for the Sanitary Sewer Illicit Connection Inspection Program is hereby authorized. 2. Said straight time pay is restricted to one hundred fifty (150) hours per Supervisor. Adopted this 23rd day of August 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 10C Meeting Date: August 23, 2004 Type of Business: Public Hearing Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Second Reading and Adoption 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. The Council held the introduction and first reading of Ordinance 750 at the August 9, 2004 City Council meeting. 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. (See attached plat). Recommendation: Approve the second reading and adoption 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. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Location Map 2. Final Plat With Overlay of Easements to be Vacated 3. Ordinance 750 Hidden Hollow Plat Showing New Easements and Easements to be Vacated 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 All Shaded Areas Show New Easements for Hidden Hollow ORDINANCE NO. 750 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE VACATING EXCESS HIGHWAY AND UTILITY EASEMENTS ASSOCIATED WITH THE PLAT OF HIDDEN HOLLOW 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, listed as a recital on 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, listed as a recital on 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 23rd day of August, 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: 10D Meeting Date: August 23,2004 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Administrative Assistant Item Title/Subject: First Reading of Ordinance 742, Amending Section 2.06 of the City Charter Regarding Mayor’s Power and Duties On October 10, 2003, the Mounds View Charter Commission adopted Resolution 2003- 04, which put forward suggested amendments to the Charter in Section 2.06 relating to “The Mayor’s Power and Duties.” Discussion: The intent of the Charter Commission with this resolution is to clarify language in the charter relating to the Mayor’s Power and Duties. Staff and the Mounds View City Attorney have reviewed this amendment and support the adoption of Ordinance 742. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The ordinance requires a public hearing which has been scheduled for September 13, 2004, at 7:10 pm. Recommendation: Staff recommends the City Council introduce and accept the first reading of Ordinance 742. Respectfully submitted, _________________________ Desaree M. Crane ORDINANCE NO. 742 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 2.06, SUBDIVISION 1 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Section 2.06 subd. 1, of the City Charter be amended by the addition of the bold and double-underlined language and by the deletion of the bold and stricken language as follows: Section 2.06. The Mayor's Power and Duties. Subdivision 1. The Mayor shall preside at meetings of the Council and shall have a vote as a member. The Mayor shall be recognized as head of the City Government for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for purposes of martial law. , but Other than for the purposes specifically stated in this paragraph, as an individual, the Mayor shall have no administrative duties authority. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 23rd day of August, 2004. Read and passed by the City Council of the City of Mounds View on this day of August, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney Page 1 of 4 Item No: 10E Meeting Date: August 23,2004 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Administrative Assistant Item Title/Subject: First Reading of Ordinance 743, Amending Chapter 5 of the Mounds View City Charter On October 10, 2003, the Mounds View Charter Commission adopted Resolution 2003- 05, which put forward suggested amendments to the Charter in Chapter 5 relating to “Initiative, Referendum, and Recall.” Discussion: The intent of the Charter Commission with this resolution is to clarify language in the charter relating to the Initiative, Referendum, and Recall. Staff and the Mounds View City Attorney have reviewed this amendment and support the adoption of Ordinance 743. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The ordinance requires a public hearing, which has been scheduled for September 13, 2004, at 7:05 pm. Recommendation: Staff recommends the City Council introduce and accept the first reading of Ordinance 743. Respectfully submitted, _________________________ Desaree M. Crane Page 2 of 4 ORDINANCE NO. 743 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING CHAPTER 5 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 5 of the Charter of the City of Mounds View relating to “Initiative, Referendum and Recall” be rewritten in its entirety as follows: INITIATIVE, REFERENDUM AND RECALL Section 5.01. General Voter Authority. The people of Mounds View have the right, in accordance with this Charter, to propose ordinances [initiative] and to require that any ordinance be referred to the voters [referendum], except those that appropriate money or levy taxes. The voters also have the right to remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to sign the petition is not restricted to only those who were eligible to or did cast ballots in the previous election. Section 5.02. Petitions. To circulate a petition provided for under this chapter, it must be sponsored by a committee of five or more voters of the City whose names and addresses appear on the petition. A petition consists of one or more pages with each separately circulated page containing at its head the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. The committee may obtain a sample petition from the city Clerk-Administrator. All petition circulators must be voters of the City. Each separate page of the petition must have appended to it a certificate by the circulator, verified by oath. The certificate shall affirm that each signature was made in the circulator’s presence and that the circulator believes them to be the genuine signature of the voter whose name it purports to be and that each signer was presented with the full petition. Each signer of a petition must be a voter of the City and must sign and print their name and give their street address. Any voter whose name appears on a petition may withdraw their name by filing a statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The committee must file the completed petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number of total ballots cast for President in the most recent Presidential Page 3 of 4 election. For a petition to be sufficient, the required number of signatures shall be a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent. Within 10 working days of receipt of the petition, the Clerk-Administrator shall determine its sufficiency. Upon final determination of sufficiency, the Clerk-Administer shall report the date of the determination and its sufficiency to the Council at or before the next regularly scheduled meeting. Upon receipt of the report, the Council shall immediately declare the sufficiency of the petition by resolution including the reported date of determination of sufficiency. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk- Administrator determines that the sufficiency of a petition cannot be declared, it shall be determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have 30 calendar days in which to file additional signature papers and/or to correct the specified irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator shall determine the sufficiency of the petition as corrected and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and the Clerk- Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition. The Council must act upon the proposed ordinance within 60 calendar days after final determination of the petition’s sufficiency under the provisions of Section 5.03 of this chapter. The Council may amend the proposed ordinance and must provide such amendments to the petition committee. A majority of the sponsoring committee of the petition may disapprove the amended form by filing a statement with the Clerk- Administrator within 14 calendar days of the receipt of the amended ordinance. If the sponsoring committee does not file disapproval, the ordinance is not required to be submitted to the voters for enactment. Upon filing a statement of disapproval, the proposed ordinance, as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special election to take place within 90 calendar days of said meeting. If the ordinance receives a majority vote in its favor, it Page 4 of 4 shall become effective 90 calendar days after adoption unless the ordinance specifies a later effective date. Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the voters to propose amendments to this charter. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 23rd day of August, 2004. Read and passed by the City Council of the City of Mounds View on this day of August, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney Item No: 10F Meeting Date: August 23,2004 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Administrative Assistant Item Title/Subject: First Reading of Ordinance 748, Amending Section 4.05 of the City Charter Regarding Vacancy of Municipal Elected Office On October 10, 2003, the Mounds View Charter Commission adopted Resolution 2003- 04, which put forward suggested amendments to the Charter in Section 4.05 relating to “Vacancy of Municipal Elected Office.” Discussion: The intent of the Charter Commission with this resolution is to clarify language in the charter relating to the Vacancy of Municipal Elected Office. Staff and the Mounds View City Attorney have reviewed this amendment and support the adoption of Ordinance 748. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The ordinance requires a public hearing, which has been scheduled for September 13, 2004, at 7:15 pm. Recommendation: Staff recommends the City Council introduce and accept the first reading of Ordinance 748. Respectfully submitted, _________________________ Desaree M. Crane ORDINANCE NO. 748 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 4.05, SUBDIVISION 5 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Section 4.05, subd. 5, of the City Charter be amended by the addition of the bold and double-underlined language and by the deletion of the bold and stricken language as follows: Section 4.05 Vacancy of Municipal Elected Office. Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be published as soon as is practicable. If within the 120 day period before a regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. Candidates filling a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 23rd day of August, 2004. Read and passed by the City Council of the City of Mounds View on this day of August, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney Item No: 10G Meeting Date: August 23,2004 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Administrative Assistant Item Title/Subject: First Reading of Ordinance 749, Amending Section 9.01 of the City Charter Regarding Acquisition of Property On October 10, 2003, the Mounds View Charter Commission adopted Resolution 2003- 04, which put forward suggested amendments to the Charter in Section 9.01 relating to “Acquisition of Property.” Discussion: The intent of the Charter Commission with this resolution is to clarify language in the charter relating to the Acquisition of Property. Staff and the Mounds View City Attorney have reviewed this amendment and support the adoption of Ordinance 749. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The ordinance requires a public hearing, which has been scheduled for September 13, 2004, at 7:20 pm. Recommendation: Staff recommends the City Council introduce and accept the first reading of Ordinance 749. Respectfully submitted, _________________________ Desaree M. Crane ORDINANCE NO. 749 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 9.01 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Section 9.01, of the City Charter be amended by the addition of the bold and double-underlined language and by the deletion of the bold and stricken language as follows: Section 9.01. Acquisition of Property. The City may acquire by purchase, gift, condemnation, or otherwise, any real property, either within or without its boundaries, that may be needed by the City for any public purpose. In acquiring property by exercising the power of eminent domain, the City shall proceed according to Minnesota law, Chapter 117 as amended, or other applicable items. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 23rd day of August, 2004. Read and passed by the City Council of the City of Mounds View on this day of August, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney Item No: 10I Meeting Date: August 23, 2004 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Resolution 6337 Step Increase for Sergeant Michael Kampa of the Mounds View Police Department Background: Sergeant Michael Kampa is a current employee with Mounds View Police Department. Sergeant Kampa’s supervisor has reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that Sergeant Kampa’s has more than satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustment from Step 3 ($29.08/hr) to Step 4 ($30.69/hr) is consistent with the LELS Labor Agreement. Respectfully Submitted, Desaree Crane Administrative Assistant RESOLUTION 6337 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A STEP ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has more than satisfactorily performed in the capacity of his position documented in his performance review on file; and WHEREAS, a longevity adjustment is consistent with the LELS Labor Agreement. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Sergeant Michael Kampa Police Sergeant Date of Current Position: February 2, 2004 Step 3/$29.08 hr Step 4/$30.69 hr August 2, 2004 Adopted this 23rd day of August, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No: 10J Meeting Date: August 23, 2004 Type of Business: Council Business Administrator Review: ___________ City of Mounds View Staff Report To: Mounds View City Council From: James Ericson, Community Development Director Item Title/Subject: First Reading and Introduction of Ordinance 752, an Ordinance Amending Chapters 1104 and 1125 of the Mounds View Zoning Code Pertaining to Driveway Setbacks in Residential Districts Introduction: Driveways in single-family and two-family residential zoning districts are permitted at five-foot setbacks to the side lot lines. Section 1104.01, Subd 4c(1)(a) provides for an exception for a one-foot setback as long as the adjoining property owner or owners consent by signing a statement to that effect. If the reduced setback would cause the driveway to be located in an easement, the property owner would need to first obtain an encroachment permit from the responsible authority, if such a permit is required. The City Council directed staff to review this part of the Code and to suggest an amendment that would eliminate the one-foot setback provision. Discussion: The original intent of this provision was to allow for driveways closer to the property line in the R-1 and R-2 zoning districts than what is ordinarily allowed if the neighbor agrees. While this allows some flexibility for the property owner, the issue at present is whether the neighbor should have that authority. Staff does not support the current language allowing the neighbor to control the outcome of a driveway location for a variety of reasons: • The neighbor may be pressured or coerced into signing the consent form • The neighbor may fear retaliation if they fail to consent • The neighbor may consent, then move the next month, and the new neighbor opposes the location so close to the property line • Granting the neighbor “veto rights” may infringe on the subject property owner’s rights to due process. • Maintaining a five foot setback would ensure easement areas remain unimproved • Eliminates driveways accidentally being installed on neighboring property • Stormwater run off directed to adjoining property The Planning Commission reviewed this item on July 21 and on August 4, 2004, adopted a resolution which supported the elimination of the one-foot setback. Resolution 784-04 is attached for the Council’s reference. Driveway Setback Report August 23, 2004 Page 2 The Commission had questioned what would become of the existing driveways that had been granted approval at the one-foot setback. There are three ordinances and two Code sections which relate to driveways, the most important being Section 902.02, which indicates that any permanent non-conforming driveway in existence as of October 11, 1999 (the date of adoption of Ordinance 620) would be allowed to remain, be maintained, rebuilt and reconstructed in the same manner as before. This would not include gravel or dirt driveways, nor would it include any driveways installed after 1999. The Commission feels that this language should be clarified and it will review the issue separately for future Council consideration. To address the driveways that become legal nonconforming as a result of the amendment, the Planning Commission recommends a further amendment which is incorporated into Ordinance 752 that would allow property owners to apply for an administrative variance in lieu of the standard variance. Recommendation: Ordinance 752 is attached and is ready for introduction and first reading. Second reading and adoption is scheduled for September 13, 2004. Minor changes, if deemed necessary, may be made prior to the second reading. Respectfully submitted, ________________________ James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 768-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CODE AMENDMENT TO THE ZONING CODE REGARDING DRIVEWAY SETBACKS WHEREAS, the City Council has asked the Planning Commission to review the driveway setback regulations pertaining to the reduced setback allowances; and, WHEREAS, current City Code regulations indicate that driveways shall be set back five feet from a property line, except that driveways in single and two family residential districts may be set back up to but not less than one-foot from a property line, provided the adjoining property owner consents to such setback; and, WHEREAS, the Planning Commission has reviewed the pertinent Chapters and Sections of the City Code and feels a code amendment should be adopted to eliminate the allowance for a reduced driveway setback in the single and two-family residential zoning districts. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission has identified the following findings in support of such an amendment: • Neighbors may be pressured or coerced into signing the consent form • Neighbors may fear or face retaliation if they fail to consent • Granting the neighbor “veto rights” may infringe on the subject property owner’s rights to due process. • Maintaining a five foot setback would ensure easement areas remain unimproved • Eliminates driveways accidentally being installed on neighboring property • Prevents stormwater run-off from being immediately directed to adjoining property NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to the Mounds View Zoning Code substantially similar to the following: See Exhibit A. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4th day of February, 2004. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Dev. Director (SEAL) EXHIBIT A. Section 1104.01 Subd 4: b. Driveways: (1) Driveways shall have a minimum setback of five feet (5')( from any lot line, except as permitted in Section 1104.01, subdivision 4c(1)(a) and Section 1121.15, subdivision 2 of this Title. Driveways shall be permitted to cross a required setback area in order to establish access between the lot and a public street. Where a driveway would encroach into an easement, the property owner shall obtain an encroachment permit if required by the City prior to construction of the driveway. Drive aisles and driveways which are within the boundaries of a parking area shall conform to the setbacks required for parking areas. (Ord. 590, 11-25-96; Ord. 620, 7-27-98; Ord. 642, 1-10-00) c. Parking Areas: (1) R-1, R-2, R-3, R-4, R-5, R-O: (a) residential uses: Parking lots and driveways shall be set back five feet (5'), except in the R-1 and R-2 districts, parking areas and driveways shall be permitted with a setback of one foot (1') provided the owner(s) of the abutting lot(s) indicates their permission on a form acceptable to the City. Where a parking area would encroach into an easement, the property owner shall obtain approval for an encroachment permit if required by the appropriate authority prior to construction of the driveway. (Ord. 524, 2-22-93; Ord. 590, 11-25-96; Ord. 620, 7-27-98; Ord. 642, 1-10-00) Section 1125.02, Subd. 6. Administrative Variance Process: a. Types: Residents seeking relief from the Zoning Code may request an administrative variance, provided that: (1) The property is zoned R-1 or R-2; and (2) The request concerns setbacks; and (3) The variance amount is within twenty-five (25) percent of code requirements, except as provided in Subd. 6a(5) below; and (4) Approval of the variance does not result in a setback of less than five (5) feet, except as provided in Subd. 6a(5) below; and (5) The driveway was previously permitted at a setback up to one-foot from the property line. ORDINANCE 752 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 1104.01, SUBD 4 AND 1125.02, SUBD 6 OF THE MOUNDS VIEW ZONING CODE PERTAINING TO DRIVEWAY SETBACKS IN RESIDENTIAL DISTRICTS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 1104.01, Subd 4 of the Mounds View Zoning Code pertaining to driveways and parking areas is hereby amended with the proposed additions underlined and deletions struck out to read as follows: b. Driveways: (1) Driveways shall have a minimum setback of five feet (5')( from any lot line, except as permitted in Section 1104.01, subdivision 4c(1)(a) and Section 1121.15, subdivision 2 of this Title. Driveways shall be permitted to cross a required setback area in order to establish access between the lot and a public street. Where a driveway would encroach into an easement, the property owner shall obtain an encroachment permit if required by the City prior to construction of the driveway. Drive aisles and driveways which are within the boundaries of a parking area shall conform to the setbacks required for parking areas. (Ord. 590, 11-25-96; Ord. 620, 7-27-98; Ord. 642, 1-10-00) c. Parking Areas: (1) R-1, R-2, R-3, R-4, R-5, R-O: (b) residential uses: Parking lots and driveways shall be set back five feet (5'), except in the R-1 and R-2 districts, parking areas and driveways shall be permitted with a setback of one foot (1') provided the owner(s) of the abutting lot(s) indicates their permission on a form acceptable to the City. Where a parking area would encroach into an easement, the property owner shall obtain approval for an encroachment permit if required by the appropriate authority prior to construction of the driveway. (Ord. 524, 2-22-93; Ord. 590, 11-25-96; Ord. 620, 7-27-98; Ord. 642, 1-10-00) SECTION 2. Section 1125.02, Subd 6 of the Mounds View Zoning Code pertaining to administrative variances for driveway setbacks is hereby amended with the proposed additions underlined and deletions struck out to read as follows: Subd. 6: Administrative Variances a. Types: Residents seeking relief from the Zoning Code may request an administrative variance, provided that: (1) The property is zoned R-1 or R-2; and (2) The request concerns setbacks; and (3) The variance amount is within twenty-five (25) percent of code requirements, except as provided in Subd. 6a(5) below; and (4) Approval of the variance does not result in a setback of less than five (5) feet, except as provided in Subd. 6a(5) below; and (5) The driveway was previously permitted at a setback up to one-foot from the property line. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View on this 23rd day of August, 2004. SECOND READING and ADOPTION by the City Council of the City of Mounds View this 13th day of September, 2004. Jerry Linke, Mayor ATTEST: __________________________ Kurt Ulrich, City Clerk / Administrator Approved as to form: ______________________ Mounds View City Attorney (SEAL) C Item No. 10K Meeting Date: August 23, 2004 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review of Mounds View Staff Re TO To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6335 Awarding a Construction Contract for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project Background: The City has been working with Pro Craft Development, LLC to develop parcels of land owned by the City and private citizens that are located south of County Road H2, west of Knollwood Drive, and north of Woodale Drive. On June 28, 2004, the City Council approved Resolution No. 6293, which approved the plans and specifications and set a bid date of July 29, 2004 for the Hidden Hollow Street and Utility Improvement Project. On July 21, 2004, Staff determined that substantial progress had not been made and the estimated date of when the site will be ready for the City contractor was substantially beyond the scheduled contract award date; Staff therefore recommends extending the award date. On July 26, 2004, the City Council approved Resolution No. 6311 resetting the Bid Date to August 19, 2004 for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project. Discussion: Mounds Street and Utility Installation Project and the Bids for the Hidden Hollow . received at View Manufactured Home Community Second Access Project were 10:00 a.m. on Thursday, August 19, 2004 at City Hall. A list of the bids received is attached for City Council's review. Bid Review - A total of six (6) bids were received for this project. A complete bid summary is as follows: Bidder's Name Base Bid Barbarossa & Sons Inc. $429,843.88 Northdale Construction $445,152.32 Northwest Asphalt Inc. $462,568.20 Penn Contracting $430,470.54 Redstone Construction $421,380.48 Three Rivers Construction $492,741.15 Engineer's estimate $445,000.00 Bidding Issues Redstone Construction Company Incorporated submitted the low bid in the amount of $421,380.48. This compares to the engineer's estimate of $445,000-00 (5.3% decrease in price). The bid can be divided into its two parts: Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project Hidden Hollow MVMHC Second Access TOTAL Apparent Low Bid $379,658.78 $ 41,721.70 $421,380.48 Engineer's Estimate $445,000.00 Recommendation: It is recommended the Council adopt the attached resolution awarding the construction contract for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6335 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING THE CONSTRUCTION CONTRACT FOR THE HIDDEN HOLLOW STREET AND UTILITY INSTALLATION PROJECT AND THE MOUNDS VIEW MANUFACTURED HOME COMMUNITY SECOND ACCESS PROJECT AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT WHEREAS, pursuant to Resolution No. 6293 adopted by the City Council on June 28, 2004 which established a bid date of July 29, 2004 and pursuant to Resolution No. 6311 adopted by the City Council on July 26, 2004 which cancelled the July 29th bid date and established an August 19th bid date sealed bids were received and tabulated on August 19, 2004, at 10:00 a.m. for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project; and WHEREAS, the low responsive bid was received from Redstone Construction Company Incorporated with a Base Bid $421,380.48 for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: That the Base Bid of Redstone Construction Company Incorporated in the amount of $421,380.48 for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project is the lowest responsive bid. 2. That a contract to perform said work is awarded to Redstone Construction Company Incorporated and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder. 3. The Public Works Department is authorized and directed to return the deposit made for said bids, except the deposit of the successful bidder, which shall be retained until a contract has been signed. Adopted this 23�d day of August 2004. (ATTEST) (SEAL) Jerry Linke, Mayor Kurt Ulrich, City Administrator x. Bonestroo Rosene Anderlik & Associates Engineers & Architects 2335 W Hwy 36 Bidders List Saint Paul MN 55113 Bid Date and Time: Thursday, August 19, 2004 at 10:00 AM. 6516364600 Project Name: Hidden Hollow Street and Utility Improvement Project & Mounds View Manufactured Community Second Street Access Project File No.: 435-04-108 Client: City of Mounds View Client Project No.: 2003-003 & 2004-005 For further information call: Joe Rhein (651)604-4803 Engineer's Estimate: $445,000.00 Contractors Name Bid Bond Addendum (2) Total Base Bid Barbarossa & Sons Inc. Forest Lake Contracting Hardrives Inc National Waterworks Inc North Valley Inc Northdale Construction Company Inc � �> l/ yY-5- 1-5-Z. 32, Northwest Asphalt Inc 5� f rF zj 62, ZD Penn Contracting Inc y ��>; �� 76. 5-151 Redstone Construction Company Inc Three Rivers Construction Inc _� ✓ r y % W B Miller Inc a n2- PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Executive Session 5 Date: 08/09/04 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 Time: 9:15 pm 9 10 11 1. 9:15 pm EXECUTIVE SESSION IS CALLED TO ORDER 12 13 2. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 14 15 3. UNION NEGOTIATIONS 16 The City Council and City Administrator Ulrich discussed current union 17 negotiations. 18 19 4. 9:36 pm MEETING ADJOURNED 20 21 22 23 Respectfully Submitted: 24 25 26 Kurt Ulrich 27 City Administrator 28 29 30 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 August 9, 2004 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 Monday, August 9, 2004 City Council Agenda. 20 21 MOTION/SECOND: Marty/Stigney. To Approve the Monday, August 9, 2004 Agenda as 22 amended. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 5. PUBLIC INPUT 27 28 Bill Werner stated that the Bridges Golf Course is costing over $300,000 a year to keep, while 29 money is not available for essentials such as streets. He asked the Administrator what the status 30 was of the study for options. 31 32 City Clerk/Administrator Ulrich stated 12 options had been identified and there have been 33 periodic updates of the study. He stated one of the options was leasing billboards, which would 34 bring in approximately $240,000 a year. Another option was leasing or renting the attentive 35 space at the golf course or providing redevelopment of some of the land in that area for 36 industrial/commercial uses and relocating some of the holes or selling the land outright. He 37 suggested putting the golf course on the agenda for the next meeting and he would get more 38 details regarding it. 39 40 Mayor Linke stated a title search had been authorized for the property. 41 42 Mr. Werner stated the study didn’t seem to be high on the priority list. 43 44 Mayor Linke stated that this item has been talked about the most and is of high priority. 45 Mounds View City Council August 9, 2004 Regular Meeting Page 2 1 Council Member Quick asked how much money was put into the golf course annually. 2 3 Finance Director Hansen stated in 2003 the internal loan had been increased by about $300,000, 4 but that other years have been lower. He stated there was extraordinary maintenance in 2003 in 5 terms of restoring green number nine. 6 7 Council Member Quick asked if that was due to vandalism, and Finance Director Hansen 8 answered that it was. 9 10 Economic Development Coordinator Backman stated that the title search would be completed in 11 approximately two weeks. 12 13 Council Member Stigney asked if there was any additional information available relative to the 14 party who may be interested in purchasing the golf course 15 16 Economic Development Coordinator Backman stated at this point he still did not know who the 17 end user was, but that the broker indicated they are working with a substantial company that has 18 an interest in acquiring the property. He stated there has been useful information provided such 19 as soil borings, wetland delineation, and a hydrology report, which was well received. 20 21 Mr. Werner asked Mayor Linke what his stand would be on getting rid of the golf course. 22 23 Mayor Linke stated he did not have the information in front of him to make an informed decision 24 at this time. 25 26 Mr. Werner asked Mayor Linke if he was encouraging the study to go in a certain direction, and 27 Mayor Linke replied that he was not. 28 29 David Jahnke stated there are plenty of other golf courses in the area, and he has the feeling there 30 are a few who want to keep this golf course at any cost. He stated he never heard of anybody 31 paying a million dollars for a losing business. He thanked Council Members Gunn and Stigney 32 for voting to have the study done. 33 34 6. CITY BUDGET QUESTIONS AND COMMENTS 35 36 None. 37 38 7. SPECIAL ORDER OF BUSINESS 39 40 A. Resolution 6321, A Resolution of Appreciation for the service of Deputy 41 Chief Tim Brennan to the City of Mounds View. 42 43 Mounds View City Council August 9, 2004 Regular Meeting Page 3 Mayor Linke read Resolution 6321 and presented it to Deputy Chief Tim Brennan. The Mayor 1 and the Council congratulated Deputy Chief Brennan on his new position and thanked him for 2 his service to the City of Mounds View. 3 Deputy Chief Brennan stated it had been a pleasure working in Mounds View, and he had 4 especially enjoyed his time spent on the DARE Program. 5 6 8. JUST AND CORRECT CLAIMS. 7 8 Council Member Stigney asked what the items for Amem Training and Conference and Breezy 9 Point Resort were on page 3 for $480 and $150. 10 11 Finance Director Hansen stated that Amem is Association of Metro Emergency Managers, and it 12 is for purposes of training since Deputy Chief Brennan is leaving, and it is being held at Breezy 13 Point Resort. 14 15 Council Member Stigney asked what the dish network item was on page 7 for $472. 16 17 Finance Director Hansen stated it is for an Internet connection at the golf course that is used for 18 people to view their registration for rounds. 19 20 Council Member Stigney asked what the item for landscaping for tree removal of $5,372 was on 21 page 12. 22 23 Finance Director Hansen stated it was for elm and oak trees that are diseased and need to be 24 removed. 25 26 Public Works Director Lee stated the trees are scattered throughout the community. 27 28 Council Member Stigney asked what the item for Internet was on page 18. 29 30 Finance Director Hansen stated it is an annual fee charged for the actual monthly service 31 subscriber fee for the web site for the golf course. 32 33 Council Member Stigney stated Peoples PC is available for $10.95 a month, so he didn’t know 34 why they were paying $19.95 a month for that. 35 36 MOTION/SECOND: Marty/Stigney. To approve Just and Correct Claims as presented. 37 38 Ayes-5 Nays -0 Motion carried 39 40 9. CONSENT AGENDA 41 42 A. Licenses for Approval 43 Mounds View City Council August 9, 2004 Regular Meeting Page 4 B. Set a Public Hearing for August 23, 2004 at 7:25pm for the Second Reading 1 and Adoption of Ordinance 750, Vacating Easements Relating to the Hidden 2 Hollow Final Plat. 3 C. Resolution 6329 Authorizing the Execution of the Agreement with the 4 Festival in the Park of Mounds View for the 2004 Festival in the Park Event. 5 D. Resolution 6330 Approving Application to Conduct Excluded Bingo at the 6 Festival in the Park of Mounds View for the 2004 Festival in the Park Event. 7 E. Cancel a Public Hearing for August 23, 2004 at 7:05pm for a Second Reading 8 of Ordinance 742, Amending Section 2.06 (Mayor’s Powers and Duties), 9 Section 4.05 (Vacancy of Municipal Elected Office), and Section 9.01 10 (Acquisition of Property) of the City Charter. 11 F. Cancel a Public Hearing for August 23, 2004, at 7:10pm for the Second 12 Reading of Ordinance 743, Amending Chapter 5 of the City Charter and 13 reschedule the Public Hearing for September 13, 2004 at 7:05pm. 14 G. Set a Public Hearing for September 13, 2004 at 7:10pm for a Second Reading 15 of Ordinance 742, Amending Section 2.06, Mayor’s Powers and Duties, of the 16 City Charter. 17 H. Set a Public Hearing for September 13, 2004 at 7:15pm for a Second Reading 18 of Ordinance 748, Amending Section 4.05, Vacancy of Municipal Elected 19 Office, of the City Charter. 20 I. Set a Public Hearing for September 13, 2004, at 7:20pm for a Second 21 Reading of Ordinance 749, Amending Section 9.01, Acquisition of Property, 22 of the City Charter. 23 J. Establish Executive Session Immediately Following the EDA Meeting to 24 Consider Union Contract Negotiations. 25 K. Resolution 6324 Approving Change Order No. 1 of the 2003 Street 26 Improvement Project – Authorizing the Installation of Storm Water Quality 27 Devices. 28 L. Resolution 6325 Approving a Contract Award for the 2004 Storm Sewer 29 Rehabilitation Project. 30 M. Resolution 6326 Approving a Contract Award for the 2004 t 2007 Sanitary 31 Sewer Root Abatement Project. 32 N. Resolution 6328 Approving the Velmeir CVS Project Development 33 Agreement. 34 35 Council Member Marty asked to have Items D and M to be pulled, and Council Member Stigney 36 asked to have Items E and F pulled. 37 38 MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, B, C, G, H, I, J, K, 39 L. and N. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 D. Resolution 6330 Approving Application to Conduct Excluded Bingo at the 44 Festival in the Park of Mounds View for the 2004 Festival in the Park Event. 45 Mounds View City Council August 9, 2004 Regular Meeting Page 5 1 Council Member Marty stated he pulled this item because he had requested a breakdown of all 2 the charitable gambling organizations and where they spend their money. 3 4 Council Member Gunn stated that information had been supplied to the Council in their last 5 packet. 6 7 MOTION/SECOND. Marty/Gunn. To approve Resolution 6330, Approving Application to 8 conduct Excluded Bingo at the Festival in the park of Mounds View for the 2004 Festival in the 9 Park Event. 10 11 Ayes -5 Nayes-0 Motion carried. 12 13 E. Cancel a Public Hearing for August 23, 2004 at 7:05pm for a Second Reading of 14 Ordinance 742, Amending Section 2.06 (Mayor’s Powers and Duties), Section 15 4.05 (Vacancy of Municipal Elected Office), and Section 9.01 (Acquisition of 16 Property) of the City Charter. 17 18 F. Cancel a Public Hearing for August 23, 2004, at 7:10pm for the Second Reading 19 of Ordinance 743, Amending Chapter 5 of the City Charter and reschedule the 20 Public Hearing for September 13, 2004 at 7:05pm. 21 22 Council Member Stigney asked why there is this canceling since further down in the agenda there 23 is a public hearing being set. 24 25 City Clerk/Administrator Ulrich stated they were cancelled because the City Attorney had 26 questions on the Charter, and he felt he should be at the Council meeting for the first reading, so 27 both sections were pushed back until September 13th so the Council could have their questions 28 answered. 29 30 MOTION/SECOND. Stigney/Marty. To approve Items E and F as presented. 31 32 Ayes-5 Nayes-0 Motion carried. 33 34 M. Resolution 6326 Approving a Contract for the 2004 to 2007 Sanitary Sewer 35 Root Abatement Project. 36 37 Council Member Marty stated he wanted to thank staff for being proactive and securing the City 38 a very good contract. 39 40 MOTION/SECOND. Marty/Gunn. To Approve Resolution 6326, Approving a Contract for 41 the 2004 to 2007 Sanitary Sewer Root Abatement Project. 42 43 Ayes-5 Nays-0 Motion carried. 44 45 Mounds View City Council August 9, 2004 Regular Meeting Page 6 10. COUNCIL BUSINESS 1 2 A. 7:05 p.m. Public Hearing to Consider the First Reading and Introduction of 3 Ordinance 751, Adopting the Long Range Financial Plan for 2004. 4 5 Mayor Linke opened the public hearing at 725 p.m. 6 7 Finance Director Hansen stated the City Charter requires that the Long Range Financial Plan be 8 adopted by ordinance, and the second reading will be on August 23rd. He stated the first 9 component of the Plan is a Five Year Operating Budget for the City’s General Fund, which 10 basically uses the adopted 2004 Budget as a starting point. He stated the budget as presented is 11 not balanced because they have a ways to go before balancing the 2005 budget. 12 13 Finance Director Hansen stated the second component lists the vehicle and equipment fleet of the 14 City and describes a replacement program for the vehicles, with the estimated life and 15 replacement cost and scheduled replacement date of each vehicle. 16 17 Finance Director Hansen stated the third component is the City’s Capital Improvement Program. 18 He stated it lists the projects and identifies the source of funding for the projects. He stated the 19 Park Dedication Fund will run out of money at the end of 2006, and after that point park projects 20 would have be funded by some other source of money. He stated the reason it will run out of 21 money is because the City is fully developed. 22 23 Finance Director Hansen stated the last component is the utility rate studies for each of the four 24 utilities in the city, which were completed last fall. 25 26 Finance Director Hansen recommended approving the First Reading of the Ordinance. 27 28 Council Member Marty asked about the item on the Long Range Finance Plan expenditures 29 about the Convention and Visitors Bureau and whether that really cost the City any money. 30 31 Finance Director Hansen stated there is a revenue and an expense item for the Convention and 32 Visitors Bureau. He stated the City retains 5 percent of the hotel/motel tax for administration, 33 and 95 percent goes out to the Convention and Visitors Bureau. 34 35 Council Member Marty stated that the City Hall rehabilitation item of $564,000 is an item that 36 the Council will be looking at in the future. 37 38 Council Member Marty asked why the $200,000 for fire trucks listed for 2006 was all put in the 39 same year. 40 41 Finance Director Hansen stated they were bunched together because it is the intention to sell 42 bonds to pay for them and they really wouldn’t be due all in one year. 43 44 Mounds View City Council August 9, 2004 Regular Meeting Page 7 Council Member Stigney asked if there was a time constraint to getting this passed by a certain 1 time when there was information missing. 2 3 Finance Director Hansen stated the Long Range Financial Plan is a planning document as 4 opposed to an annual budget and doesn’t authorize any expenditures, so he recommended 5 adopting it at this time, and then in January they could start fresh with a newly adopted budget 6 and newly adopted utility rate study, and next year it would go smoother. 7 8 Mayor Linke closed the public hearing at 7:45 p.m. 9 10 MOTION/SECOND. Marty/Gunn. To approve Ordinance No. 751 as presented. 11 12 Ayes-5 Nays-0 Motion carried. 13 14 B. 7:20 p.m. Public Hearing to Consider a Conditional Use Permit Request for 15 Outdoor Storage at 2159 Mustang Drive. 16 17 Mayor Linke opened the public hearing at 7:47 p.m. 18 19 Planning Associate Prososki stated the request was to put in a 50’ x 80’ paved outdoor storage 20 area to store pallets and empty reusable shipping containers. They want to use this outdoor 21 storage area for two to three years until a permanent addition can be constructed to the building. 22 She stated outdoor storage is a conditional use permit in industrial districts and the proposed area 23 does meet the setback requirements. She stated it doesn’t appear to adversely affect the 24 neighbors as it is roughly 300 feet from the nearest residential area and there is a buffer in 25 between. 26 27 Planning Associate Prososki stated the Planning Commission had recommended approval of the 28 conditional use permit. She stated they had suggested eliminating the language of “pallets and 29 reusable shipping containers” and replace it with “shipping materials” so it wouldn’t be too 30 limiting. 31 32 Mayor Linke closed the public hearing at 7:50 p.m. 33 34 MOTION/SECOND. Quick/Marty. To approve a Conditional Use Permit Request for Outdoor 35 Storage at 2159 Mustang Drive with the change in wording as suggested by Planning Associate 36 Prososki listed above. 37 38 Ayes-5 Nays-0 Motion carried. 39 40 C. 7:25 p.m. Public Hearing to Consider a Variance Request for a Thirty-six 41 Foot Wide Curb Cut at 7090 Silver Lake Road. 42 43 Mayor Linke opened the public hearing at 7:52 p.m. 44 45 Mounds View City Council August 9, 2004 Regular Meeting Page 8 Planning Associate Prososki stated the applicant was appealing the Planning Commission’s 1 denial of this request due to lack of hardship, and is asking the Council to table the item until 2 September 13th because he is presently out of the country. She stated the applicant constructed 3 this driveway without a permit, and is requesting to be able to leave it there because it is 4 patterned, and to remove part of it would disturb the patterning. 5 6 Planning Associate Prososki stated one resident of the neighborhood had spoke during the 7 Planning Commission’s meeting in favor of the driveway because it improved the neighborhood. 8 9 Mayor Linke stated the applicant had appeared ten years ago before the Council with the same 10 request and was turned down. 11 12 Council Member Marty stated that due to the fact this was constructed without a permit and 13 exceeds the maximum curb cut width, he concurs with the Planning Commission 100 percent. 14 15 Mayor Linke closed the public hearing at 7:53 p.m. 16 17 MOTION/SECOND. Stigney/Marty. To waive the reading and approve Resolution 6322, 18 affirming the Planning Commission’s denial of the variance requested at 7090 Silver 19 Lake Road. 20 21 Council Member Stigney stated he agrees with the Planning Commission’s recommendation. 22 23 Ayes-5 Nays-0 Motion carried. 24 25 D Introduction and First Reading of Ordinance 750, Vacating Easements 26 Related to Hidden Hollow Final Plat 27 28 Planning Associate Prososki stated the easements are unnecessary because the utilities and 29 highway were never put in place, the utilities that were in place in some areas are being relocated 30 due to the development, and that Hidden Hollow’s final plat dedicated the necessary easements 31 for the utilities that will be put in place. She stated the Second Reading is scheduled for August 32 23rd. 33 34 Council Member Marty asked where the remaining easements are going to be, and Planning 35 Associate Prososki stated she could attach that map with the Second Reading. She stated that 36 basically all the easements on the bottom of the page are going to be covered by a new easement 37 that covers ponding in that area. 38 39 MOTION/SECOND: Marty/Quick. To waive the reading and adopt the First Reading of 40 Ordinance 750, Vacating Easements Related to Hidden Hollow Final Plat. 41 42 Ayes –5 Nays – 0 Motion carried 43 44 E. This item was stricken from the agenda. 45 Mounds View City Council August 9, 2004 Regular Meeting Page 9 1 F. Resolution 6332, Approving the 2004 Mounds View Employee Suggestion 2 Program. 3 4 Council Member Stigney verified that if two people put a suggestion in for the same item, they 5 would each receive half of the $25. 6 7 The resolution was read aloud by Council Member Stigney. 8 9 MOTION/SECOND: Marty/Stigney. To adopt Resolution 6332, Approving the 2004 Mounds 10 View Employee Suggestion Program. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 G. Resolution 6307 Revising Section 3.25(D) of the Mounds View Personnel 15 Policy Regarding Compensatory Time. 16 17 Council Member Marty suggested having the employees use their comp time by the end of 18 October instead of during the Thanksgiving holiday. 19 20 City Clerk/Administrator Ulrich stated that wasn’t necessary because the goal was simply to 21 complete it by the end of the year before going into a new budget year. 22 23 MOTION/SECOND. Gunn/Stigney. To waive the reading and approve Resolution 6307, 24 Revising Section 3.25(D) of the Mounds View Personnel Policy Regarding Compensatory Time. 25 26 Ayes-5 Nays-0 Motion carried. 27 28 H. Resolution 6320, Approving the Renewal of the 2004-2005 School Resource 29 Officer Agreement Between the cities of Mounds View and New Brighton and 30 ISD#621. 31 32 Deputy Chief Brennan stated the City of New Brighton has supplied a school resource officer at 33 Irondale High School since 1994, and the City of Mounds View has participated in the funding 34 since its inception. He stated the school district pays 50 percent, and the other 50 percent is split 35 between Mounds View and New Brighton based on a per capita attendance formula. He stated 36 the projected cost for this renewal period is $11,699.56. 37 38 Mayor Linke asked whether the City of Mounds View benefits from this service, and Deputy 39 Chief Brennan stated that they did. 40 41 MOTION/SECOND. Quick/Gunn. To waive the reading and approve Resolution 6320, 42 Approving the Renewal of the 2004-2005 School Resource Officer Agreement Between the 43 Cities of Mounds View and New Brighton and ISD#621. 44 45 Mounds View City Council August 9, 2004 Regular Meeting Page 10 Council Member Marty suggesting asking New Brighton to pay a percentage of the police officer 1 provided to Edgewood school. 2 3 Deputy Chief Brennan stated that a grant is paying for the police officer at Edgewood and the city 4 of Mounds View has no liability in that regard. 5 6 Ayes-5 Nayes-0 Motion carried. 7 8 I. Resolution 6323 Adjusting the Assessment Role for the 2003 Street Improvement 9 Project – Driveway Apron Deletions. 10 11 Public Works Director Lee stated that staff is recommending that the portion of the cost that was 12 assigned to one driveway that was scheduled to get a second driveway apron, because it was built 13 on after the ordinance went into effect so they couldn’t grandfather it in, be deleted off the 14 assessment roll. 15 16 MOTION/SECOND. Marty/Quick. To waive the reading and approve Resolution 6323 Adjust 17 the Assessment Role for the 2003 Street Improvement Project – Driveway Apron Deletions. 18 19 Ayes-5 Nayes-0 Motion carried. 20 21 J. Resolution 6327 Approving a Contract Award with Xcel Energy for the Street 22 Light Improvement Program. 23 24 Mayor Linke stated that it looks like they will be saving a lot of money on this item. 25 26 Public Works Director Lee stated that the estimated cost was $270,000, and Xcel Energy was 27 accepting six lights without requiring replacement, so it brought the project cost down to 28 $233,000. 29 30 Public Works Director Lee stated that it was advantageous to include the Silver Lake 31 Condominiums in the project this fall. He stated it was Staff’s recommendation that they be 32 included, and $18,000 would be reimbursed by the homeowner’s association to the City. 33 34 Council Member Stigney stated he would like to see pursuing TIF financing for the commercial 35 area for one of the funding sources. 36 37 Public Works Director Lee stated that the resolution was worded to state that if TIF is available 38 as a funding source, that it would be the primary funding source for the commercial area. 39 40 Council Member Stigney stated for the other street lights, he suggested using the Community 41 Fund to finance that rather than increasing the street light fee to the residents. 42 43 Mounds View City Council August 9, 2004 Regular Meeting Page 11 Public Works Director Lee stated that Finance Director Hansen had recommended utilizing the 1 Sanitary Sewer Fund to finance that, and that would be paid back over time using the Street Light 2 Fund. 3 4 MOTION/SECOND. Quick/Marty. To waive the reading and approve Resolution 6327 5 Approving a Contract Award with Xcel Energy for the Street Light Replacement Program, using 6 Option 1. 7 8 MOTION/SECOND. Stigney/Marty. To amend the motion to use Community Fund rather than 9 borrowing out of the Sewer Funds for the lights not covered by TIF funds other than the Silver 10 Lake Condominium lights. 11 12 Council Member Marty asked if this would be a savings to the residents in direct billings. 13 14 Finance Director Hanson stated that the necessary funds would be borrowed from the sanitary 15 sewer funds, and they would work that into the utility rate study. He stated there would be some 16 increase in utility rates, but the funds would be paid back. He stated it would be done over a five 17 or ten year period to minimize the impact of it. 18 19 Mayor Linke asked for a vote on the amendment. 20 21 Ayes-3 Nayes-2 (Quick and Linke) Motion carried. 22 23 Mayor Linke asked for a vote on the motion, including the amendment. 24 25 Ayes-5 Nayes-0 Motion carried. 26 27 K. Resolution 6331 Approving the Selection of a Manager for the Mounds View 28 Banquet Center beginning January 1, 2005 and to Authorize Staff to Finalize a 29 Management, Catering, and Food Service Agreement. 30 31 Economic Development Coordinator Backman stated three proposals had been received for the 32 Mounds View Banquet Center –from Canyon Grill, Lancer, and the Mermaid. He supplied a 33 chart comparison of seven characteristics in written form to the Council and briefly went over it. 34 He stated it was staff’s recommendation to approve the Resolution as presented. 35 36 Council Member Marty stated he had received comments from residents about prices being too 37 high on the menu that had been offered by the Mermaid. He asked a question regarding the 18 38 percent surcharge added to the final invoices, and he asked a question regarding if a function is 39 cancelled within 120 days of the scheduled date, if the party would be responsible for paying the 40 estimated contracted food and beverage total under the Lancer proposal. 41 42 Glenn Baron, Lancer Company, stated that the 18 percent substitutes for the gratuity. He stated 43 the reason for the policy for cancellations having to be paid for without 120 days is that there 44 isn’t sufficient time to rebook. 45 Mounds View City Council August 9, 2004 Regular Meeting Page 12 Council Member Marty brought up a concern regarding different organizations such as Boy 1 Scouts, Girl Scouts, Band, etc., not being able to afford renting the Community Center because 2 of the rates, and it is one of the Council’s responsibilities to try and provide a Community Center 3 for the groups. He wondered if 300 hours a year was an adequate amount of time to provide for 4 that. 5 6 Economic Development Coordinator Backman stated that that using 300 hours provides greater 7 flexibility than using the 11 days that they had in the past as there was a net increase in the 8 number of hours available for nonprofits to use the space. 9 10 Council Member Gunn asked what the applicant’s plans were for staffing the Community Center. 11 12 Roy Wylin, Canyon Grill, stated they planned to schedule a regular set of office hours on site for 13 two to three days a week to do tours, handle menu meetings, and that the rest of the time they 14 would be 12 minutes up the road in Coon Rapids. 15 16 Mr. Baron stated they had staff who could be down in a matter of ten minutes, and it would be 17 based on need. 18 19 Council Member Marty asked if they went with Canyon Grill, whether they would be kicking out 20 the tenants that the Mermaid had. 21 22 Economic Development Coordinator Backman stated that in discussions with the Canyon Grill, 23 they would be willing to entertain leasing to In the Word, but his recommendation was that that 24 not exceed one year. He felt that if it were more than one year, the lease should really be with the 25 City. He stated the applications have gone to Ramsey County relative to tax exemption, but that 26 is not assured. He stated the only one that is assured a property tax exemption in 2005 is the 27 YMCA. 28 29 Council Member Marty asked if the lease with In the Word is a month to month lease. 30 31 Cindy ____, the Mermaid, stated they have a one year contract with them until the end of this 32 year, and they have expressed interest to continue on from one to three years. 33 34 Council Member Stigney asked whether that money goes to the Mermaid or towards the City’s 35 lease. 36 37 Cindy____ stated that it goes to the Mermaid. She stated in the way they have proposed it, it 38 would go to the City to be able to accommodate that tax break. 39 40 Council Member Stigney asked if they were to sublease to the Canyon Grill, would the money go 41 to them or to the City. 42 43 Mounds View City Council August 9, 2004 Regular Meeting Page 13 Economic Development Coordinator Backman stated that either way, the City is assured of 1 getting $5,000 whether it’s the Mermaid or the Canyon Grill. He stated the question was 2 whether they collected it from two different entities or one entity. 3 4 Mr. Dodds stated that In the Word is a banquet client, reserving meeting space no different than 5 if they were 3M or Honeywell or Medtronic; they just happen to lease a lot of space on a regular 6 basis. He stated it was their intention to lease that space out when they weren’t using it for 7 lunches and meetings to groups. 8 9 Economic Development Coordinator stated that the Chamber is excluded from this, so what they 10 are talking about here is a maximum of leasing 11,500 square feet of space. 11 12 Council Member Gunn asked a question about the tax exempt status for the church, and 13 Economic Development Coordinator Backman stated that if they are leasing from a for profit 14 entity, that that is going to be viewed as a taxable event. He stated that 50 percent of the building 15 is not subject to taxes due to the YMCA. 16 17 Council Member Gunn asked whether it would be subject to taxes if the church leased from 18 Canyon Grill or Lancer, and Economic Development Coordinator Backman stated that that 19 would be subject to taxes. 20 21 Council Member Marty questioned the money that the Mermaid has put into the building, and 22 Economic Development Coordinator Backman stated that the City is not obligated to pay the 23 leasehold improvements, but he felt the right thing to do would be to reimburse the Mermaid for 24 those. 25 26 Council Member Quick stated they would need to check with the City Attorney to see if it was 27 legal to do so. 28 29 Council Member Gunn asked what happened to the microphones, and Cindy Winegarner stated 30 they had been taken out to be repaired and were never brought back. 31 32 City Clerk/Administrator Ulrich stated that he would check into that. 33 34 Council Member Gunn asked whether there were menus available from the Canyon Grill, and 35 Mr. Wylin stated that there was not, but the menu would be targeted for various price categories. 36 He stated dinner items would range from $15 to $25. 37 38 MOTION/SECOND. Stigney/Gunn. To approve Resolution 6331 Approving the Selection of a 39 Manager for the Mounds View Banquet Center beginning January 1, 2005 and to Authorize Staff 40 to Finalize a Management, Catering, and Food Service Agreement. 41 42 Council Member Marty stated he would like to continue this item to the next meeting because he 43 hadn’t had a chance to check references or anything and would like to do some research on his 44 own. 45 Mounds View City Council August 9, 2004 Regular Meeting Page 14 MOTION/SECOND. Marty/Quick. To Postpone this item until the next City Council meeting. 1 2 Council Member Stigney asked if there was any detriment in postponing. 3 4 Economic Development Coordinator Backman stated there wasn’t a huge detriment, although 5 they would like to plug the numbers in for the 2005 budget, but there was still time for that. He 6 stated an agreement was being approved at this point. 7 8 Mayor Linke asked for a vote on the postponement. 9 10 Council Member Stigney stated he would like to qualify that the reason for the postponement is 11 to let the City Administrator look at some of these items and bring them back. 12 13 Council Member Gunn asked if the postponement would be to a certain meeting date. 14 15 Council Member Marty stated it would be to the next meeting on the 23rd. 16 17 Ayes-5 Nayes-0 Motion carried. 18 19 11. APPROVAL OF MINUTES 20 21 A. June 14, 2004 City Council Meeting 22 23 Council Member Marty stated on page 3, line 6, he would like the phrase to read, “Floyd’s 24 Barbershop, as in Andy Griffith.” 25 26 MOTION/SECOND. Marty/Gunn. To approve the June 14, 2004 City Council Minutes as 27 amended. 28 29 Ayes-5 Nays-0 Motion carried. 30 31 B. City Council Minutes July 26, 2004 32 33 MOTION/SECOND: Marty/Gunn. To approve the July 26, 2004 City Council Minutes. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 12. REPORTS 38 39 A. Reports of Mayor and Council. 40 41 Council Member Quick asked whether anything had been done by the Civil Service Commission, 42 and City Clerk/Administrator Ulrich stated that they did review the Deputy Chief vacancy, and 43 they did act on it, and they are recommending going forward. 44 45 Mounds View City Council August 9, 2004 Regular Meeting Page 15 Council Member Marty stated the Festival in the Park Golf Tournament is this coming Saturday, 1 and there are still some tee times open. He stated there will be various prizes for that event. 2 3 Council Member Stigney asked what happened regarding the resolution to remove a Commission 4 member from the Planning Commission, and Director Ericson stated that a 4/5ths majority vote 5 would be needed, and after speaking with the Council members and the City Attorney, the 6 direction was that the removal of the Commission member was not warranted. Director Ericson 7 stated the Bylaws of the Planning Commission would be examined and possibly changed to 8 direct the Commissioner members in what forum they should make public comments. 9 10 Council Member Stigney asked what happened to the inventory he had requested of the 11 equipment at the Community Center, and specifically the issue about the microphones. 12 13 City Clerk/Administrator Ulrich stated he thought Steve was going to do an inventory, but he 14 would have to check and get back to the Council on that issue. 15 16 Council Member Gunn stated there will be a 5K run for Festival in the Park on August 22nd. She 17 stated there would be a pancake breakfast from 8:00 to 11:00 in the Park. She stated the Teddy 18 Bear Band would play at noon. She stated there will be an art show, and there will be a band 19 playing from 4:00 to 6:00. She stated there will be a parade at 3:00, and there will be fireworks 20 at night with a band playing. 21 22 B. Reports of Staff 23 24 1. Finance Quarterly Report 25 26 Mayor Linke asked the Finance Director to expound on the bond rating. 27 28 Finance Director Hansen stated that the City’s bond rating had been changed from A2 to A1, 29 which is a good affirmation of the City’s financial condition, the result being the bond buyers are 30 willing to offer the City better prices. He stated the savings will reduce the tax levy that has been 31 levied over the next ten years to repay the bonds. 32 33 Mayor Linke thanked Finance Director Hansen and his staff for the good guidance and making 34 the right decisions involved in that, and stated it showed staff had the City’s best interests in their 35 hearts. 36 37 Mayor Linke asked the Finance Director if he had any statements to make regarding the 38 Quarterly Report. 39 40 Finance Director Hansen stated the operations in the General Fund and other funds are tracking 41 on budget this year. He stated building permits are down for the first half of this year compared 42 to last year. He stated there were no large projects, but there are a couple of big projects that will 43 go forward in the second half of the year. 44 45 Mounds View City Council August 9, 2004 Regular Meeting Page 16 City Clerk/Administrator Ulrich stated the City is looking for a new Fire Board member. He 1 stated if there is anybody in the audience that is listening and feels qualified to serve, they should 2 contact the City Clerk’s Office for more information. 3 4 There were no other reports of staff. 5 6 C. City Attorney 7 8 The City Attorney was not present at this meeting of the City Council. 9 10 13. Next Council Work Session: Monday, August 23, 2004 at 6pm (Special Work 11 Session) 12 Next Council Meeting: Monday, August 23, 2004 at 7pm 13 14 14. ADJOURNMENT 15 16 Mayor Linke adjourned the meeting at 9:12 p.m. 17 18 Transcribed and recorded by: 19 20 21 Sheree Theobald 22 TimeSaver Off Site Secretarial, Inc. 23 Item No: 12B Meeting Date: 8/23/04 Type of Business: Staff Reports Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Item Title/Subject: Golf Course Study Update Introduction: This report is to provide the City Council an update of information regarding the fiscal concerns at The Bridges of Mounds View Golf Course and Learning Center. Background: The City has recognized this priority and is actively exploring solutions to the problem of the Golf Course financing. Analysis: The City Council authorized Community Development Staff to seek title search information to determine the potential for other development on the golf course parcels. Staff is currently researching title restrictions on the land. The title search is in process. A projection of an additional two to three weeks is expected to complete the search. Review of Golf Course: 1.) Billboard revenue: Clear Channel Outdoors received state permits to proceed with the billboard installation in July 2004. The City of Mounds View issued permits August 13, 2004, for the installation of six billboards at The Bridges. Clear Channel Outdoors has yet to attain Rice Creek Watershed District permit. Clear Channel anticipates permit to be processed administratively shortly. Upon the issuance of the watershed permit, The City will receive its initial compensation within sixty days as per original lease agreement. Guarding any addition unanticipated delay, the construction of the billboards may be complete by the mid October. The required embellishments will be subsequent to the initial installation of the signs. This is due to the uniqueness and the significant planning that is required for these “ad-ons.” The initial installation of the signs will be finished sufficiently so that revenue could begin without any additional delay. The City of Mounds View will begin to receive compensation through the billboard revenue for the last months of 2004 and subsequent years. The completion of the embellishments to the signs will be influenced by the seasonal suitability for their construction. The weather may force the embellishments into spring of 2005. 2.) Cell phone towers: There is interest in the golf course location. There is not additional progress toward cellular towers thus far. 3.) Restructure Course financing (e.g., write-down or write-off internal debt plus refinancing): The feasibility of the restructuring of the debt could be prepared soon given the billboard issue is nearing fruition. Level 2 – Redevelop property and/or reorganize golf operations 1.) Community Development Staff is in pursuant of this aspect with the possibility of corporate development at the golf course location. 2.) Move Holes #2, 3, 4, 5 to wetland area (Sysco) to the west and develop the east end of the golf course property: This option would be dependent on the title information and other development opportunity. 3.) Develop wetland credits for western (Sysco) property or other Course areas: Wetland credits could be a residual benefit from any development of the area. Wetland credit revenue would increase the feasibility of option 2.2. 4.) Negotiate with Sysco to develop portions of donated land: No action has been taken toward this scenario. Level 3 – Cease Operations This option is being pursued by Community Development Department with regard to prior alternatives. 1.) Sell Golf Course (retain billboard revenue): The sale of the course would need to at least equal level of current debt ($4,045,000) in order to break even. The title search impacts this option. Conclusion: Staff is astute to these developments; and will continue to update as opportunities necessitate and/or Council directive is required. Respectfully Submitted, Mary Burg, Golf Course Manager