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Home My WebLink AboutAgenda Packets - 2004/11/22CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, November 22, 2004 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. CITY BUDGET QUESTIONS AND COMMENTS: Citizens may speak to issues regarding the City Budget. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. SPECIAL ORDER OF BUSINESS A. Resolution 6395, A Resolution of Appreciation for Peg Meyer for her hard work and dedication while serving on the Cable Committee. 8. JUST AND CORRECT CLAIMS 9. CONSENT AGENDA A. Licenses for Approval Approve the Licenses for Approval that are listed on the staff report. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ B. Resolution 6397, a Resolution Establishing City Contribution Levels for Employees Electing the Health Savings Account Option in the Employee Benefits Program. Recommend approval of Resolution that establishes the same City contribution to employee benefits for employees who elect the HAS plan as for those employees who elect the HMO plan. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ C. Resolution 6398 Approving a Contract Award for the 2004 Well Rehabilitation Project Approve the Resolution to authorize the preparation of any approve plans and specifications, and award construction contract to E.H. Renner and Sons for the 2004 Well Rehabilitation Project in the amount of $44,893.80. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ D. Set a Public Hearing for 7:05 pm, Monday, December 13, 2004, Resolution 6401 Adopting the 2005 Mounds View Fee Schedule. 10. COUNCIL BUSINESS A. 7:05 PM Public Hearing to Consider the Second Reading and Adoption of Ordinance 739, Rezoning Portions of Lots 1 and 2, Block 1, Velmeir CVS Addition, Located at 2800 County Road 10 – Roll Call Vote Hold a public hearing and consider the second reading and adoption of Ordinance 739, an ordinance rezoning portions of Lots 1, 2 and 3, Block 1 of the Velmeir CVS Addition associated with the CVS redevelopment project. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ B. 7:10 PM Public Hearing to Consider a Conditional Use Permit Request for “The Station” at 2280 County Road I Hold a public hearing to consider a Conditional Use Permit Request for 2280 County Road I. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ C. Second Reading and Adoption of Ordinance 753, an Ordinance Establishing a New Chapter 609 of the Mounds View Municipal Code Entitled “Cleanup of Clandestine Drug Labs Sites -- Roll Call Vote Consideration and approval of the Second Reading of Ordinance 753. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ D. Consider a Site Plan Amendment to the CVS Pharmacy Site Plan Requested by The Velmeir Companies Discuss the requested site plan amendment. Mr. Perrozi, representing the owners of the Park building, would like to change the location of the perimeter curb. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ E. Resolution 6394 Amending the 2004 TIF District Funds and Community Fund Budgets. Recommend approval to amend the 2004 budgets of the Community Fund, TIF District #1, and TIF Distrcit #2 Fund. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ F. Approve Bid Solicitation for Community Center Carpet Staff recommends that the Council authorize staff to solicit sealed bids to install new carpet at the Mounds View Community Center. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ G. Special Election Discussion (1) Discuss the option of Special Election versus appointment for filling of a vacant Council seat (City Charter vs. State Statute) Although there seems to be a lot of inconsistencies between the City Charter and Minnesota State Statutes, Staff recommends to go forward with the Special City Election. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (2) Discuss the possibility of City Council to put a question on the Ballot for the Special Election. Staff recommends that if the City Council chooses to put a question on the ballot, then Staff and Council must act quickly to make the Dec. 10, 2004, County Auditor deadline. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ H. Resolution 6392 Authorizing a Step Increase for Kristin Prososki, Planning Associate Staff recommends approval of Kristin’s step increase. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ I. Resolution 6399 Approving a Contract Award for Work Associated with the County Road 10 Redevelopment and Revitalization Project Recommended approval of the resolution to award a contract to the firm of Bonestroo, Rosene, Anderlik & Associates, INC., for work associated with the Cty Road 10 Redevelopmetn and Revitalization Project.. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ J. Consider purchase of Recreation Software Recommended that City Council consider a 2-year agreement to trial recreation software for the City. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ K. 2005 Mounds View Fee Schedule Discussion. Review the Enclosed 2005 Fee Schedule. Motion Made: ____________________ Motion Second: _____________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 11. APPROVAL OF MINUTES A. November 8, 2004 City Council Meeting. 12. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Hidden Hollow update (Ericson) – verbal report C. Reports of City Attorney 13. Next Council Work Session: Monday, January 3, 2005 Next Council Meeting: (Special) Monday, December 6, 2004, at 6pm CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, November 22, 2004 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. CITY BUDGET QUESTIONS AND COMMENTS: Citizens may speak to issues regarding the City Budget. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. SPECIAL ORDER OF BUSINESS A. Resolution 6395, A Resolution of Appreciation for Peg Meyer for her hard work and dedication while serving on the Cable Committee. 8. JUST AND CORRECT CLAIMS 9. CONSENT AGENDA A. Licenses for Approval B. Resolution 6397, a Resolution Establishing City Contribution Levels for Employees Electing the Health Savings Account Option in the Employee Benefits Program. C. Resolution 6398 Approving a Contract Award for the 2004 Well Rehabilitation Project D. Set a Public Hearing for 7:05 pm, Monday, December 13, 2004, Resolution 6401 Adopting the 2005 Mounds View Fee Schedule. 10. COUNCIL BUSINESS A. 7:05 PM Public Hearing to Consider the Second Reading and Adoption of Ordinance 739, Rezoning Portions of Lots 1 and 2, Block 1, Velmeir CVS Addition, Located at 2800 County Road 10 – Roll Call Vote B. 7:10 PM Public Hearing to Consider a Conditional Use Permit Request for “The Station” at 2280 County Road I C. Second Reading and Adoption of Ordinance 753, an Ordinance Establishing a New Chapter 609 of the Mounds View Municipal Code Entitled “Cleanup of Clandestine Drug Labs Sites -- Roll Call Vote D. Consider a Site Plan Amendment to the CVS Pharmacy Site Plan Requested by The Velmeir Companies E. Resolution 6394 Amending the 2004 TIF District Funds and Community Fund Budgets. F. Approve Bid Solicitation for Community Center Carpet G. Special Election Discussion (1) Discuss the option of Special Election versus appointment for filling of a vacant Council seat (City Charter vs. State Statute) (2) Discuss the possibility of City Council to put a question on the Ballot for the Special Election. H. Resolution 6392 Authorizing a Step Increase for Kristin Prososki, Planning Associate I. Resolution 6399 Approving a Contract Award for Work Associated with the County Road 10 Redevelopment and Revitalization Project J. Consider purchase of Recreation Software K. 2005 Mounds View Fee Schedule Discussion. City Council Agenda November 22, 2004 Page 2 11. APPROVAL OF MINUTES A. November 8, 2004 City Council Meeting. 12. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Hidden Hollow update (Ericson) – verbal report C. Reports of City Attorney 13. Next Council Work Session: Monday, January 3, 2005 Next Council Meeting: (Special) Monday, December 6, 2004, at 6pm Item 07A Special Order of Business November 22, 2004 City Administrator Review: _________ RESOLUTION NO. 6395 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO PEG MEYER FOR HER CONTRIBUTIONS ON THE MOUNDS VIEW CABLE COMMITTEE WHEREAS, Peg Meyer was appointed to the Mounds View Cable Committee in 1991; and WHEREAS, Peg Meyer has served on the Cable Committee with dedication and a high level of enthusiasm; and, WHEREAS, Peg Meyer has gained the respect and gratitude of her fellow Cable Committee Members. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View, on behalf of the residents of the City of Mounds View, expresses its appreciation to Peg Meyer for her dedication and devoted service on the Mounds View Cable Committee. Adopted this 22nd day of November, 2004. ATTEST: _________________________ Jerry Linke, Mayor ______________________ ____________________ Councilmember Quick Councilmember Stigney ______________________ ____________________ Councilmember Gunn Councilmember Marty ________________________ Kurt Ulrich City Clerk/Administrator Item No: 09A Meeting Date: November 22, 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. Anderson Heating & Air Conditioning – HVAC – Renewal Commercial Fence Contractor – General (Commercial) – New K-Designers – Siding - New Staff Recommendation: Approve license applications as requested. Respectfully submitted, Barbara Benesch Item No: 9B Meeting Date: 11/22/04 Type of Business: Consent Agenda Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6397 Establishing City Contribution Levels for Employees Electing the Health Savings Account Option in the Employee Benefits Program Background: The City Council has expressed interest in offering Health Savings Accounts (HSA) to active employees as a new type of insurance in place of traditional health maintenance organizations (HMO). It was thought that switching to HSA would be a lengthy and time-consuming process. We recently learned that the State of Minnesota Public Employees Insurance Program (PEIP) would begin offering an HSA in January. This can be offered to Mounds View employees as an option along side the traditional HMO plans. Since it doesn’t involve changing from PEIP to another insurance program, addition of the HSA could be accomplished quickly. An open enrollment meeting for City staff was held on November 4, 2004 to discuss all aspects of employee benefits for 2005. A representative of PEIP was at the meeting and introduced the HSA concept to employees. Numerous employees expressed interest in the concept and the PEIP representative agreed to come back for a second meeting devoted solely to HSA. One of the things needed for a productive meeting is to be able to state what the City’s contribution to benefits will be for an employee who elects the HSA. Discussion: Under the existing labor agreements with AFSCME and the Public Works Union, the City will contribute up to $682.30 per month toward employee benefits during 2005. This will be entirely used up on HMO premiums for any employee selecting family coverage. Employees selecting single HMO coverage have a remainder that they are allowed to use toward single or family dental insurance, basic life insurance, and supplemental life insurance. Employees made different selections from these options and the cost varies, but could exceed $400 per month in 2004 and could exceed $460 per month in 2005. The simplest approach to this could be to say that an employee selecting the HSA option could get the same city contribution to the HSA that they would have gotten if they selected the Health Partners HMO. This would be $355.63 for single coverage and $682.30 for family coverage. Employees selecting single coverage would still be able to use the remainder between $355.63 and $682.30 to purchase single or family dental insurance, basic life insurance, and supplemental life insurance. It may be possible to arrive at some other contribution levels, but they would need to be negotiated into the labor contracts. The $682.30 contribution is already in the contracts and all that is needed is to extend it to the HSA option. The negotiation time delay would probably preclude any use of the HSA option in the year 2005. City of Mounds View 1/1/05 Renewal Rates Managed Care Plan Current Rates Renewal Rates Preferred One $10/100% HMO Single $299.17 $364.99 Family $812.32 $991.03 HealthPartners $10/100% HMO Single $291.50 $355.63 Family $791.47 $965.59 OPTIONS $1200 HSA Qualified Single N/A $256.48 Family N/A $696.38 $2500 HSA Qualified Single N/A $177.17 Family N/A $481.06 Maximum City Contribution $613.30 $682.30 Recommendation: It is recommended that the City Council approve the attached Resolution 6397 that establishes the same City contribution to employee benefits for employees who elect the HSA plan as for those employees who elect the HMO plan. ___________________________ Charles Hansen, Finance Director RESOLUTION No. 6397 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING CITY CONTRIBUTION LEVELS FOR EMPLOYEES ELECTING THE HEALTH SAVINGS ACCOUNT OPTION IN THE EMPLOYEE BENEFITS PROGRAM WHEREAS, the City Council has expressed its desire to make a high deductible insurance/health savings account (HSA) combination available to the employees as an alternative to the existing health maintenance organization (HMO) insurance plans; and WHEREAS, the City’s current HMO insurance options are provided by the State of Minnesota Public Employee Insurance Program (PEIP); and WHEREAS, PEIP will begin providing a HSA plan on January 1, 2005 which can be offered to the employees alongside the existing HMO insurance options; and WHEREAS, it is necessary to establish the level of the City contribution to the HSA option in order for employees to make informed choices between the HSA and HMO plans. NOW, THEREFORE, BE IT RESOLVED, by the Mounds View City Council that employees electing the HSA insurance option shall receive the same City contribution as the employee would receive if they had elected the HealthPartners HMO option. Adopted this 22nd day of November, 2004 _____________________________ Jerry Linke, Mayor ATTEST: _____________________________ Kurt Ulrich, City Administrator (seal) Item No. 9C Meeting Date: November 22, 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 6398 Approving a Contract Award for the 2004 Well Rehabilitation Project Background: The City of Mounds View has a total of six wells, with one of the wells (well number 4) out of commission since 1992 due to poor water quality. To properly maintain the wells, the pumps and other equipment must be periodically evaluated, inspected, and repaired or replaced. The City established a maintenance program whereby the wells would be evaluated and rehabilitated on a seven-year cycle. A longer period of eleven years was tried; however, it was discovered that this period was too long to identify minor problems and correct them before they became major replacements. Discussion: Wells Number 3 and 5 were last rehabilitated in 1997. Based on the seven-year evaluation schedule, they are therefore due for rehabilitation this year. Well Number 6 was last done in 1999 and is scheduled for rehabilitation in 2006. The 2004 adopted budget has a total of $60,000 for well inspection and preventative maintenance. Typically, the amount needed to rehabilitate each well is $30,000. Past practice has been to rehabilitate two wells per contract. Economy of scale is realized due to the reduced cost of administrating two separate projects. A larger project also improves the possibility of receiving favorable bids. Given this, Staff recommends that two wells be rehabilitated in 2004. To fund this well rehabilitation project, the adopted 2004 Budget has $60,000 allotted in the Enterprise Fund, under the water infrastructure and equipment department, system maintenance account (account 700-4823-5160). Waive Preliminary Report - Based upon the nature of this project, the preparation of a preliminary engineering report will neither be necessary nor feasible. Waive Public Improvement Hearing – Financing for the 2004 Well Rehabilitation Project, which is comprised of Wells Number 3 and 5, will be derived entirely from the City of Mounds View Enterprise Fund. Because assessments are not a funding source, City Staff is requesting that the public improvement hearing be waived. Order Project – Should the Council wish to proceed with this project, the next step in the public improvement process is to order the project. Prepare Plans and Specifications – Staff has prepared plans and specifications that meet the City of Mounds View’s standards and are consistent with specifications utilized for other recent well rehabilitation projects. The specifications are not attached to this report; however, they will be available at the November 22, 2004 City Council Meeting. Review Bids - Bids for the 2004 Well Rehabilitation Project were received at 10:00 a.m. on Wednesday, November 17, 2004 at City Hall. A total of three (3) bids were received for this project. The low bid of $44,893.80 was submitted by E.H. Renner & Sons of Elk River Minnesota. A bid bond for five percent (5%) of the bid amount was included with the bid. The bid has been reviewed and found to be in order. A complete bid summary is as follows: E.H. Renner and Sons Well No. 3 $23,622.80 Well No. 5 $21,271.00 TOTAL $44,893.80 Keys Well Drilling Co. Well No. 3 $25,520.00 Well No. 5 $22,010.00 TOTAL $47,530.00 Thein Well Company Inc. Well No. 3 $23,132.00 Well No. 5 $24,553.00 TOTAL $47,685.00 Recommendation: It is recommended the Council adopt a resolution to waive the public hearing, order the project, authorize the preparation of and approve plans and specifications, and award a construction contract to E. H. Renner and Sons for the 2004 Well Rehabilitation Project in the amount of $44,893.80. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6398 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WAIVING THE PUBLIC HEARING, ORDERING THE PROJECT, AUTHORIZING THE PREPARATION OF AND APPROVAL OF PLANS AND SPECIFICATIONS, AWARDING A CONSTRUCTION CONTRACT FOR THE 2004 WELL REHABILITATION PROJECT AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT WHEREAS, the City established a maintenance program whereby the City’s wells would be evaluated and rehabilitated on a seven-year cycle; and WHEREAS, Well Numbers 3 and 5 were last rehabilitated in 1997; and WHEREAS, Staff has prepared plans and specifications that meet the City of Mounds View’s standards and are consistent with specifications utilized for other recent well rehabilitation projects; and WHEREAS, Staff recommends that two wells be rehabilitated in 2004 and that funds for this well rehabilitation project be derived from the Enterprise Fund, under the water infrastructure and equipment department, system maintenance account (account 700-4823-5160); and WHEREAS, sealed bids were received and tabulated on November 17, 2004, at 10:00 a.m. for the 2004 Well Rehabilitation Project; and WHEREAS, the low responsive and responsible bid was received from E. H. Renner and Sons at their bid price of $44,893.80. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Said improvements are hereby ordered and shall hereafter be known and referred to as the 2004 Well Rehabilitation Project. Said ordering of the improvements shall be valid for a period of eighteen (18) months from the date of adoption of this resolution. 2. It is hereby ordered that the 2004 Well Rehabilitation Project shall be made without a public hearing being that the entire cost of said improvements shall be funded through the City of Mounds View Enterprise Fund. 3. Funds for this well rehabilitation project are to be derived from the 2004 Enterprise Fund, under the water infrastructure and equipment department, system maintenance account (account 700- 4823-5160); 4. The plans and specifications for the 2004 Well Rehabilitation Project are hereby authorized to be prepared and are hereby approved as the plans and specifications by which said project shall be implemented. 5. That the bid of E. H. Renner and Sons in the amount of $44,893.80 for the 2004 Well Rehabilitation Project is the lowest responsive bid. 6. That a contract to perform said work is awarded to E. H. Renner and Sons and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder. 7. 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 22nd day of November 2004. ____________________________________ Jerry Linke, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) Item No: 10A Meeting Date: November 22, 2004 Type of Business: Public Hearing and CB Administrator Review: _________ City of Mounds View Staff Report To: Mounds View City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Public Hearing and Consideration of the Second Reading and Adoption of Ordinance 739, Rezoning Portions of Lots 1, 2 and 3, Block 1 of the Velmeir CVS Addition Located at the Southwest Corner of County Highway 10 and Silver Lake Road; Planning Case ZC2004-001 Introduction: On May 24, 2004, the City Council held the introduction and first reading of Ordinance 739, in conjunction with consideration of a major subdivision, rezoning and development review for the proposed CVS Pharmacy development located at 2800 County Road 10. Ordinance 739 rezones portions of the lots associated with the Velmeir CVS Addition subdivision. The site has an area of 5.54 acres and the parcels are currently zoned B-3, R-3 and R-4. The applicant is requesting that portions of the R-3 and R-4 parcels be rezoned to B-3. Also, a small piece of the R-3 property will be rezoned to R-4, as it is now attached to the Silverview Terrace apartment complex and the zoning needs to be uniform for the property. Discussion: When considering a rezoning, two things must be determined: whether the proposed zoning is consistent with the Comprehensive Plan and whether or not it would be detrimental to the surrounding neighborhood. The Comprehensive Plan Future Land Use Map designates this area as mixed use planned unit development (MU-PUD). An MU-PUD is defined as, “Land containing a building or buildings with significant amounts of residential uses in combination with commercial and/or office uses.” Although the site is not being rezoned to PUD, this designation is consistent with the proposed subdivision in the sense that a CVS Pharmacy would contribute to adding the commercial component to the residential area. Staff does not feel that the proposed rezoning would be detrimental to the surrounding area because the proposed uses are similar to the surrounding uses. The area in question is located on Highway 10, which typically has commercial uses adjacent to it. Lot 3 will continue to be zoned R-4, which helps to buffer the commercial use. In addition, this area has been used in the past as a commercial property and it was not detrimental to the surrounding areas at that time. CVS Rezoning Report November 22, 2004 Page 2 The table below shows the current and proposed zoning of each of the three lots. Current Zoning Proposed Zoning Lot 1 B-3 and R-3 B-3 Lot 2 B-3, R-3 and R-4 B-3 Lot 3 R-4 and R-3 R-4 Ordinance 739, which would amend the zoning of portions of Lots 1, 2 and 3, is attached to the report. This proposal was brought before the Planning Commission during the May 5 and May 19, 2004 meetings. The Planning Commission voted unanimously to recommend approval of the rezoning. The Council held the introduction and first reading of this ordinance on May 24, 2004 and at that time it was stated that the second reading and adoption would not occur until after the Council had approved the final plat (which occurred on August 28, 2004) and after the plat had been recorded with Ramsey County. The plat is currently in the recording process and the rezoning is contingent upon the recording being complete. Although a public hearing was held during the introduction and first reading of Ordinance 739, due to the amount of time between the two readings, Staff again notified the property owners within 350 feet of the subject properties. Staff only received one call from a neighboring resident asking for clarification of the request. The property owner was not against the rezoning. Recommendation: Hold the public hearing and consider the second reading and adoption of Ordinance 739, an ordinance rezoning portions of Lots 1, 2 and 3, Block 1 of the Velmeir CVS Addition associated with the CVS redevelopment project. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Application 2. Zoning Map 3. Location Map 4. Planning Commission Resolution 759-04 5. Ordinance 739 CVS Rezoning Report November 22, 2004 Page 3 CVS Rezoning Report November 22, 2004 Page 4 CVS Rezoning Report November 22, 2004 Page 5 CVS Rezoning Report November 22, 2004 Page 6 CVS Rezoning Report November 22, 2004 Page 7 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 759-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR “VELMEIR CVS ADDITION”, RECOMMENDING APPROVAL OF A DEVELOPMENT REVIEW FOR A RETAIL BUILDING AND RECOMMENDING APPROVAL OF A REZONING FROM R-3, MEDIUM DENSITY RESIDENTIAL AND R-4 HIGH DENSITY RESIDENTIAL TO B-3, HIGHWAY BUSINESS FOR THE LOTS ADDRESSED 2828 COUNTY HIGHWAY 10 and 7750 SILVER LAKE ROAD; MOUNDS VIEW PLANNING CASES MA2004-002, ZC2004-001 AND DE2004-001 WHEREAS, the applicant, The Velmeir Companies (“Velmeir”), has applied for a major subdivision and development review to redevelop the former Amoco gasoline station site addressed 2800 County Highway 10 into a retail building and has additionally requested a rezoning of 2828 County Highway 10 and a portion of 7750 Silver Lake Road from R-3 and R-4, respectively, to B-3 to match the zoning of 2800 County Highway 10; and WHEREAS, Velmeir has requested approval of a preliminary plat for the “Velmeir CVS Addition” major subdivision on land located southwest of County Highway 10 and Silver Lake Road legally-described as follows: That part of Lot 59, Auditor’s Subdivision No. 89, lying South of a line described as follows: Commencing at the Northwest corner of said lot 59; thence South along the West line of said Lot 59, 257.93 feet to the point of beginning; thence Southeasterly to a point on the East line of said Lot 59, 257.93 feet South of the Northeast corner and there terminating. Together with: Lot 58, except the West 100 feet lying Northerly of the Southerly 514.63 feet thereof, Auditor’s Subdivision No. 89, Together with: Subject to Highway, except the South 514.63 feet of the West 100 feet of Lot 58, Auditor’s Subdivision No. 89, Together with: Lots 1 and 2, Block 1, Amoco Silver Addition, according to the recorded plat thereof, Ramsey County, Minnesota. WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Preliminary Plat (C6-1) 3. Zoning Map 4. Location Map 5. Site Plan (Page C2-1) 6. Grading Plan (Page C3-1) 7. Utility Plan (C4-1) 8. Staff Report CVS Rezoning Report November 22, 2004 Page 8 WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area, which has yet to be determined; and, WHEREAS, the proposed subdivision is NOT within a Wetland Zoning District; and, WHEREAS, the grading and drainage plan are being reviewed by the City Engineer and is subject to Rice Creek watershed District approval; and, WHEREAS, the Planning Commission held a duly noticed public hearing regarding this preliminary plat on Wednesday, May 5, 2004; and, WHEREAS, before development may proceed, the Planning Commission and City Council are required to review and approve all applications for development; and, WHEREAS, proof of parking (up to 15% of the total parking requirement) can be granted by the City Council when it is determined that the parking requirement is greater than needed; and, WHEREAS, the City Code indicates that rezoning requests shall be consistent with the Future Land Use Map of the Comprehensive Plan and that the Planning Commission shall find that the rezoning would not be detrimental to the neighborhood or adversely affect any adjoining properties. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to the rezoning request: 1. The Future Land Use Map of the Comprehensive Plan designates this area as a Mixed Use Planned Unit Development. The proposed Highway Business zoning district would not be inconsistent with the vision for this area. 2. The rezoning of the property would not adversely affect any adjacent or nearby properties. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation and findings of fact, recommends approval of the rezoning request of portion of Lots 1 and 2 from R-3 and R-4 to B-3. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, finding that the submitted preliminary plan satisfies City Code, recommends approval of the “Velmeir CVS Addition” preliminary plat subject to the following conditions: 1. The applicant shall arrange to have a Registered Property Abstract (RPA) or other acceptable title commitment provided to the City Attorney for review prior to the approval of the subdivision by the City Council. CVS Rezoning Report November 22, 2004 Page 9 2 Velmeir shall pay a park dedication fee in an amount to be determined by the Mounds View City Council. 3. Velmeir shall obtain approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 4. All utilities within the development area shall be located underground. 5. Velmeir shall apply for Final Plat approval no later than January 1, 2005 or the Preliminary Plat approval will become null and void. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, finding that the submitted site plan satisfies City Code, recommends approval of a development review subject to the following conditions: 1. The Site Plan shall be revised as follows: a. The garbage enclosure details shall be added to the site plan. b. A notation shall be added that indicates that a fence will be installed around the pond area. c. A notation shall be added that the area between the south side of the building and the south curb line will be marked Fire Lane and traffic in that area will be one- way, from west to east. d. Perimeter curbing shall be shown along the east side of the Pak building. 2. The lighting plan shall be revised to show fixture details and pole height from grade. a. The lighting may be completed as shown on plans. If complaints regarding the lighting are received, the lighting shall be modified to meet code requirements. 3. Velmeir shall enter into a development agreement with the City that sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of the property. 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 19th day of May, 2004 __________________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Jim Ericson, Community Development Director (SEAL) CVS Rezoning Report November 22, 2004 Page 10 ORDINANCE NO. 739 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE APPROVING A REZONING OF PORTIONS OF LOTS 1, 2 AND 3, BLOCK 1, VELMEIR CVS ADDITION, LOCATED AT 2800 COUNTY ROAD 10 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings” is hereby amended to include reference to the following Ordinance 739. Subdivision 1. Purpose. The Mounds View City Council has determined that to further economic development and organized land use controls that the present zoning classification of portions of certain parcels should be reclassified to be consistent with the current zoning of the former Lots 1 and 2, Block 1, Amoco Silver Addition. Subdivision 2. The Mounds View City Council has determined that there would be no adverse effects to adjoining properties resulting from the rezoning and that the rezoning would not be detrimental to the community at large. Subdivision 3. Accordingly, the Mounds View City Council approves the rezoning and directs that the City’s official Zoning Map and the zoning classification for the following described parcel be amended as follows: Parcel Legal Description Existing Zoning Designation New Zoning Designation Lot 1, Block 1, Velmeir CVS Addition B-3, R-3 B-3 Lot 2, Block 1, Velmeir CVS Addition R-3, B-3, R-4 B-3 Lot 3, Block 1, Velmeir CVS Addition R-3, R-4 R-4 and as shown on the attached maps labeled Exhibit A through C. SECTION 2. Adoption of this ordinance is contingent upon successful recording of the Velmeir CVS Addition plat with Ramsey County SECTION 3. This ordinance is effective thirty days after its publication. Public hearing, first reading and introduction by the City Council of the City of Mounds View this 24th day of May, 2004. CVS Rezoning Report November 22, 2004 Page 11 Public hearing, second reading and adoption by the City Council of the City of Mounds View on this 22nd day of November, 2004. _______________________________________ Jerry Linke, Mayor ATTEST _______________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney \\Trout\MasterFiles\2004\City Council\Council Packets\11-22-04\Item 10A PH to Consider Second Reading and Adopt Ord 739 Rezoning Portions of Lots i and 2 Vlemeir CVD Addition.doc EXHIBIT A Existing Zoning N EXHIBIT B Proposed Zoning – Existing Parcels Area to be rezoned B-3 from R-3 and R-4 Area to be rezoned R-4 from R-3 EXHIBIT C Proposed Zoning – Velmeir CVS Addition Plat R-4 B-3 B-3 B-3 Item No: 10 B Meeting Date: Nov 22, 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: Public Hearing and Consideration of a Conditional Use Permit application for “The Station” Located at 2280 County Road I Introduction: Tom Manke and Leon Theis, owners of “The Station” located at 2280 County Road I, are applying for a Conditional Use Permit as the first step toward making their fuel station a conforming use. Constructed in 1959 the year after the City incorporated, “The Station,” as it is now called, is a non-conforming use in that it is not zoned properly. Even if it were zoned properly, it does not have a conditional use permit and currently does not satisfy the area and dimensional requirements for such a use. The owners would like to expand the use by adding two more fuel dispensing stations. Discussion: Mounds View City Code addresses Non-conforming uses in Chapter 1123, Nonconforming Buildings, Uses and Structures. (A copy of this Chapter is attached for your easy reference.) The Code indicates that a nonconforming use may continue and may be improved so as to enhance livability however a nonconforming use may not otherwise be altered or expanded. The City Attorney has provided an opinion indicating that adding a pump island at The Station would constitute an expansion and thus would not be allowed. In a letter to co-owner Leon Theis dated August 17, 2004, it was communicated that The Station is a nonconforming use and that any request to expand the use would need to first seek to resolve the nonconformity. The stated purpose of the City’s nonconforming use requirements appear in Chapter 1123 as follows: It is the purpose of this Chapter to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. The Zoning Code establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this Chapter that all nonconforming uses shall be eventually brought into conformity. Station Report Nov 22, 2004 Page 2 The last line in the above purpose statement is important in that it provides the basis for staff’s and the attorney’s opinion that the issue of nonconformity would need to be resolved prior to acting on any requests for a facility expansion. The applicant will assert that while the use may be nonconforming, it provides a valuable service to its customers, many of whom being Mounds View residents, and that the location would not be an inappropriate site for a fuel station, and thus, should be approved for a CUP and subsequent rezoning. In 1996, the owners requested variances for a canopy over the fuel pumps. Both variance requests were denied as they constituted an enlargement of a nonconforming use. (A copy of the Planning Commission’s resolution of denial is attached for your reference.) Subsequent to the variance denial, the owners requested and the Council approved an amendment to the City Code which excluded canopies from the enlargement restrictions, thus enabling the owners to install the canopy as desired. During the time of canopy construction, two of the original four fuel pumps were removed. The owners would like to reinstall two pumps and have submitted site plans as to how this might be possible. The request before the City Council however is strictly the conditional use permit. If the CUP were to be approved by the City Council, the pump expansion would need to come back before the Planning Commission and Council under the development review process. View of The Station, looking south across County Road I Station Report Nov 22, 2004 Page 3 Conditional Use Permit Requirements The City Code in Section 1114.03, subd. 3, outlines the requirements for a fuel station conditional use permit. In addition to the generic CUP standards outlined in Chapter 1125, Section 1114.03 is quite detailed in what is required. The full list, along with selective highlighted responses where The Station does not comply, is as follows: Subd. 3. Motor fuel station, auto repair, minor and tire battery stores and service; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Architectural appearances are subjective, however in staff’s opinion the physical appearance of The Station and adjoining building is not what one would consider “aesthetically pleasing.” It is not, however, so dissimilar from adjoining properties as to constitute a blight or detriment. c. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. d. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. The Station lot area amounts to 9,583 square feet, well below the minimum allowed. In addition, the property dimensions of 134 x 71 are less than the minimum allowed. e. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. f. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title. h. Wherever fuel pumps are to be installed, pump islands shall be installed. Station Report Nov 22, 2004 Page 4 i. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. j. Each light standard island and all islands in the parking lot shall be landscaped or covered. k. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. Vehicular access and internal circulation are problematic on this small lot. There is an access from County Road I and a wide curb cut on Adams Street. The owners indicate that at times vehicles waiting to pump gas extend out into the street, posing a potential traffic hazard. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code. n. Provisions are made to control and reduce noise. o. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. p. No outside sale or service except as allowed in compliance with subdivision 5 of this Section shall exist. q. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. r. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. s. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. The provisions of 1125.01(1)e are as follows, with comments as to compliance similarly highlighted. Station Report Nov 22, 2004 Page 5 Section 1125.01, Subdivision 1e, relating to adverse effects: The City shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors: (1) Relationship to Municipal Comprehensive Plan. The Comprehensive Plan identifies this property and the adjoining property as Neighborhood Commercial. A fuel station would not be considered a consistent use within the neighborhood commercial designation. (Fuel stations are in areas designated Highway Commercial.) The Station is NOT consistent with the Comprehensive Plan. (2) The geographical area involved and (4) the character of the surrounding area. The area surrounding the Station site is predominantly residential with the exception of the building to which the Station is attached and the supermarket located south of The Station. Cross of Glory Church is located across the street from the Station. Churches are typically found in residential districts. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. It is unlikely that The Station is depreciating the area in which it is located and it is unlikely its continued existence would further depreciate the area. The City Code however presumes that at some point, the use would be brought into conformance. (5) The demonstrated need for such use The applicants will assert that given their existing customer base and volume of fuel and convenience sales, the need is evident. Section 1125.01, Subdivision 3b, outlines the criteria for granting a conditional use permit: In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings where applicable: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The continuation of the use should not create or exacerbate any burdens. Station Report Nov 22, 2004 Page 6 (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Existing homes in the area should not experience any depreciation resulting from the continued operation of The Station. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. There should be no adverse effects upon adjacent residential properties resulting from the continued operation of The Station. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The applicants feel The Station does serve the needs of the residents of Mounds View. With the exception of one other property, there are no business commercial properties on the east side of the City not fronting County Road 10. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The use is NOT consistent with the Zoning Code or the purposes of the zoning district in which The Station is located. 2280 County Road I is zoned B-2, a district which does not permit fuel stations. (6) The use is not in conflict with the Comprehensive Plan of the City. The use is NOT consistent with the Comprehensive Plan of the City. The Comp Plan designates this property as Neighborhood Commercial. A fuel station would not be appropriate in this area. (7) The use will not cause traffic hazards or congestion. There is concern that vehicular circulation on the site does not function well. Drive aisles are crowded and parking is already less than what it should be. The applicants assert that an expansion of two additional pump stations will actually help to alleviate some of the present congestion. Staff believes that the expansion could result in a loss of parking and could further degrade the circulation. Station Report Nov 22, 2004 Page 7 (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. While staff has not had an opportunity to conduct a detailed analysis of these issues, the present utilities, access roads, drainage and necessary facilities are likely sufficient. I have spoken to individuals who are currently involved in the motor fuel dispensing industry and asked if additional pumps at a small station would tend to ease or add to traffic congestion. I was told that many factors determine a location’s volume, and that congestion is more a function of site design and the size of the lot rather than the number of pumps. Typically the customer base for a fuel station is definite, which is to say that fuel consumers tend to not go out of their way to make fuel purchases. Commuters on County Road 10 or 35W, for example, are very unlikely to intentionally exit onto County Road I solely to purchase gas at The Station. That being said, one could argue that absent site constraints, the addition of two fuel stations would not ADD to the number of customers per day, but instead would service the existing customer base in a more efficient manner. Parking. To receive approval of a conditional use permit, there must be adequate parking on site for the use. Chapter 1121 of the Zoning Code prescribes the required parking ratios for the various land uses allowed in the City. For a motor fuel station, the parking requirements are as follows: At least four (4) off-street parking spaces plus two (2) off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this Title. And… At least one (1) off-street parking space for each one hundred (100) square feet of retail floor area plus one (1) per employee. From this admittedly cumbersome parking requirement, the Station would currently need to provide for a minimum of fifteen parking stalls—eleven stalls for the retail component (1,000 square feet plus one employee) and four spaces for the fuel component. There are currently twelve parking spaces at The Station--eight designated parking stalls and four under the canopy. Short by three stalls, The Station currently does not meet the parking requirements. If The Station expands to four pumps as desired, it is probable that one if not all of the spaces diagonally adjacent to the sidewalk would need to be eliminated to guard against someone backing into the new fuel pumps, further exacerbating the parking deficiency. Station Report Nov 22, 2004 Page 8 Conforming vs. Nonconforming Use. Staff has reviewed with the owners the steps that would be required to make The Station a conforming use. The actions and approvals necessary are as follows: 1. Conditional Use Permit. If the Planning Commission and City Council felt strongly that the use should be conforming or that the property could support a gas station, the CUP would be the first step in the process. To approve the CUP however, many conditions would be necessary, some of which follow the CUP requirement. 2. Variance. It may be necessary that variance would be needed for parking, for setbacks, for lot area and for lot dimensions. Hardship would be difficult to prove however, other than the fact that the lot is very small. 3. Minor Subdivision. A minor subdivision could be initiated which could alleviate the parking problem, lot area and dimensional requirements which in turn would also improve the traffic circulation. 4. Rezoning. The property would need to be rezoned B3 to qualify for a CUP. Fuel stations are not allowed in the B2 district. 5. Comp Plan Amendment. The Comprehensive Plan would need to be amended to allow for a highway commercial use at this location rather than the neighborhood commercial use designation. 6. Development Review. The Planning Commission and City Council would need to review and approve the specific request to expand the facility from two pumps to four, considering all of the associated impacts (parking, setbacks, circulation, etc.) of the expansion Planning Commission Deliberation: The Planning Commission reviewed this request on October 6th and November 3rd. The Commission acknowledged that the use was nonconforming and that given the site constraints and other issues, an expansion would not be appropriate. Before making their recommendation, however, they did ask some questions relating to parking, zoning and the possibility of a Code amendment to specifically exclude “adding pumps” from the definition of “expansion” as it would relate to nonconforming uses. After some discussion, the Commission indicated that they did not support such a code amendment. In response to the zoning questions, staff researched other cities’ zoning codes and online resources relating to motor fuel stations. All zoning codes reviewed identified fuel stations as a conditional or special use, some with explicit and detailed conditions, others with no conditions. In comparison to communities that identify conditions and minimum requirements, Mounds View’s code requirements are not dissimilar or excessive. Staff also looked for language that would distinguish smaller gas stations (such as The Station) from other larger fuel stations (such as Holiday or SuperAmerica). It was pointed out that Mounds View’s zoning code pertaining to fuel stations was drafted at a time when fuel stations such as “The Station“ were the norm, not the exception. Regardless, staff was unable to find examples of small scale fuel station requirements distinguishable from larger multiple pump operations. Station Report Nov 22, 2004 Page 8 Summary: The owners of The Station, located at 2280 County Road I, are applying for a conditional use permit. Ultimately they would like to expand the capacity of the business by two additional pumps, which would not be allowed under the City’s nonconforming use code. The nonconforming use provisions allow for the continuation of a legal, nonconforming use but not the expansion or enlargement thereto. • The Station does not have a conditional use permit • The Station is not zoned properly for its use • The Station does not comply with the Comprehensive Plan • The Station is not a conforming use • Non-conforming uses cannot be expanded • The City Attorney has indicated that adding a fuel pump island would constitute an expansion of a non-conforming use and therefore prohibited • The City Code indicates that non-conforming uses shall eventually be brought into conformity • The owners have requested a conditional use permit to bring The Station into conformity with the Code • The Station does not satisfy the minimum conditional use permit requirements for a fuel station Options associated with the request: • Deny the conditional use permit as it does not satisfy the minimum requirements • Table the request pending receipt of additional information • Conditionally approve the CUP request subject to satisfaction of ALL requirements within a specified period of time, including: o Lot Size o Parking o Setbacks o Lot width o Zoning o Comprehensive Plan Approval of a conditional use permit, however, subject to satisfaction of all requirements associated with a fuel station would be problematic as it would entail numerous planning requests and actions, some of which may be difficult if not impossible for the applicants to satisfy. Planning Commission Recommendation: After extensive discussions and a public hearing on the matter, the Planning Commission voted to recommend denial of the Conditional Use Permit application, citing non compliance with the CUP requirements as the primary basis for denial with the nonconforming status as a mitigating consideration. Station Report Nov 22, 2004 Page 9 Recommendation: Review and consider the conditional use permit request, keeping in mind that The Station is currently a nonconforming use, a use which the City Code allows to continue but not expand. If the Council were to support the approval of a CUP, it would seem reasonable to expect then that the Council would also be comfortable with the consideration of a rezoning request and comprehensive plan amendment. Denial, which is the recommended option of Staff and the Planning Commission, would be justified based on the fact that The Station does not comply with the conditional use permit requirements, is a nonconforming use, is improperly zoned and inconsistent with the Mounds View Comprehensive Plan. Accordingly, Resolution 6396 is attached for your consideration this evening. ________________________ James Ericson Community Development Director 763-717-4021 Attachments: 1. Zoning Map 2. Planning Application 3. Location Map 4. Site Plan (Proposed) 5. City Code Chapter 1123 6. Letter from Applicants 7. Photo Documentation submitted by Applicants 8. Ramsey County GIS Data Sheet 9. Resolution 6396 Photo of site Looking west Zoning Map COUNTY ROAD I SITE PLAN The Station 2280 County Road I Sign Existing 20 x 40 canopy and existing pump island Expanded 20’ x 40’ canopy and additional fuel pump island X X X The parking stalls highlighted with a large “X” are spaces which could pose a conflict if the additional fuel island were constructed. (Rev. 11/96) CHAPTER 1123 NONCONFORMING BUILDINGS, STRUCTURES AND USES SECTION: 1123.01: Purpose 1123.02: Continuance of Nonconforming Uses 1123.03: Discontinuance of Nonconforming Use 1123.04: Change of Nonconforming Use 1123.05: Repairs and Maintenance 1123.06: Alterations 1123.07: Damage and Destruction 1123.08: Moving Buildings 1123.01: PURPOSE: It is the purpose of this Chapter to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. The Zoning Code establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this Chapter that all nonconforming uses shall be eventually brought into conformity. (1988 Code §40.03) 1123.02: CONTINUANCE OF NONCONFORMING USES: Subd. 1. Continuance of Use: a. General: Any structure or use lawfully existing prior to a revision to this Code or a change in a zoning district designation which makes the structure or use nonconforming shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended. (Ord. 584, 7-15-96; Ord. 590, 11-26-96) 1123.02 1123.04 (Rev. 4/97) b. Parking Areas for Non-Residential Uses, Allowed by Conditional Use Permit, in the R-1, R- 2, R-3, R-4 and R-5 Districts: Parking areas in existence as of the date of enactment of this Section, and having setbacks which are nonconforming with respect to setback requirements stated in Section 1104.01, subdivision 4, may continue in use and may be resurfaced and restriped, and may be reconstructed or replaced using setbacks which conform to the Section in effect at the time of original construction, except that, a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development. (Ord. 590, 11-25-96) c. Day Care Centers and Group Nurseries: Day care centers and group nurseries in existence as of the date of the enactment of Ordinance 595, having a play yard less than two hundred feet (200') from the Highway 10 right-of-way line, shall not be considered a non-conforming use, and any structure or play yard on the premises may be reconstructed, expanded or enlarged as long as the setback of the play yard from the Highway 10 right-of-way line is not made less by the reconstruction, expansion or enlargement. (Ord. 595, 4-14-97) Subd. 2. Prior Construction Permits: Any proposed structure which will, under this Title, become nonconforming but for which a building permit has been lawfully granted prior to the effective date hereof, may be completed in accordance with the approved plans; provided, construction is started within sixty (60) days of the effective date hereof, is not abandoned for a period of more than one hundred twenty (120) days and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconforming structure and use. (1988 Code §40.03) 1123.03: DISCONTINUANCE OF NONCONFORMING USE: Whenever a lawful nonconforming use of a structure or land is discontinued for a period of six (6) months, any future use of said structure or lands shall be made to conform with the provisions of this Title. (1988 Code §40.03) 1123.04: CHANGE OF NONCONFORMING USE: Subd. 1. Change to Conforming Use: When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. 1123.04 1123.08 (Rev. 11/96) Subd. 2. Change to Lessen Nonconformity: A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (1988 Code §40.03) 1123.05: REPAIRS AND MAINTENANCE: Subd. 1. Repairs: Nothing in this Title shall prevent the repair of a structure to a safe condition. When said structure is declared unsafe by the Building, Inspector, the necessary repairs shall not constitute more than fifty percent (50%) of the fair market value of the structure. Said value shall be determined by the Council. Subd. 2. Maintenance: Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use. (1988 Code §40.03) 1123.06: ALTERATIONS: Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof; provided, they will not increase the number of dwelling units or size or volume of the buildings. (1988 Code §40.03) 1123.07: DAMAGE AND DESTRUCTION: If, at any time, a nonconforming building, structure or use shall be destroyed to the extent of more than fifty percent (50%) of its fair market value, said value to be determined by the Council, then, without further action from the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty percent (50%) of its value may be restored to its former extent if the reconstruction is completed within twelve (12) months after the date of destruction. Estimate of the extent of damage or destruction shall be made by the Building Official. (1988 Code §40.03) 1123.08: MOVING BUILDINGS: No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the effective date hereof unless such movement shall bring the nonconformance into compliance with the requirements of this Title. (1988 Code §40.03) RESOLUTION 6396 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ALLOW FOR A MOTOR FUEL STATION AT 2280 COUNTY ROAD I; PLANNING CASE NO. CU2004-005 WHEREAS, Leon Theis and Tom Manke, owners of The Station, have applied for a conditional use permit to operate a motor fuel station at 2280 County Road I, which is legally described as follows: The East 134.72 Feet of the north 71.01 Feet of Lot 1, Block 4, Spring Lake Park Highlands Ramsey County, Minnesota WHEREAS, The Mounds View Zoning Code conditionally allows motor fuel stations in the B-3, Highway Business District; and, WHEREAS, the subject property is zoned B-2, Limited Business District; and is currently improved with an operating fuel station named “The Station”; and, WHEREAS, the Comprehensive Plan Future Land Use Map guides this parcel as Neighborhood Commercial; and, WHEREAS, the area of subject property is 9,583 square feet; and, WHEREAS, the lot dimensions of 2280 County Road I are 134 x 71; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: a. Development Application b. Zoning Map c. Location Map d. Proposed Site Plan e. Photographic documentation f. Letter from Applicants g. Staff Report WHEREAS, the City Council held a duly noticed public hearing regarding this request on Monday, November 22, 2004; and, Resolution 6396 Page 2 WHEREAS, the Mounds View City Council makes the following findings of fact related to this request: 1. The Station, located at 2280 County Road I, property zoned B-2, Limited Business, is a considered legal, non-conforming use. 2. Motor fuel stations are not permitted in the B-2, Limited Business District 3. According to the Comprehensive Plan, Motor fuel stations are not appropriate uses in areas designated “Neighborhood Commercial “ 4. The Station does not comply with the minimum lot area for a motor fuel station—22,500 square feet. The Station’s area is only 9,583 square feet. 5. The Station does not comply with the minimum lot dimensions for a motor fuel station—150’ x 130’. The Station’s dimensions are 134’ x 71’. WHEREAS, the Mounds View Planning Commission, by its adoption of Resolution 775-04, has recommended denial of the conditional use permit request. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based upon the above findings of fact and Planning Commission recommendation, does hereby deny the conditional use permit request for The Station, located at 2280 County Road I. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council recognizes the right of “The Station” to continue operating at its present location at 2280 County Road I as a legal non-conforming use. Adopted this 22nd day of November, 2004. _____________________________________ Jerry Linke, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 10D Meeting Date: November 22, 2004 Type of Business: Council Business Administrator Review: _________ City of Mounds View Staff Report To: Mounds View City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Consideration of a Request to Amend the Approved Site Plan for the CVS Pharmacy Development Located at 2800 County Road 10 Introduction: On May 24, 2004, the City Council approved Resolution 6270, which approved the proposed site plan, dated May 20, 2004, for the CVS Pharmacy development located at 2800 County Road 10. The Velmeir Companies, represented by Jim LaValle, has submitted a proposal, at the request of Rick Perrozi, to amend the approved site plan. Mr. Perrozi, representing the owners of the Pak building, would like to change the location of the perimeter curb. Discussion: The site plan that was approved by Council on May 24, 2004 (attached) shows the curb line to the west of the CVS building as running parallel to the Pak building and being set back five feet from the Pak building. The intent of placing the curbing in that location was to allow ninety degree parking along the east side of the Pak building. The curbing was placed from the access point on County Road 10 all the way to the south side of the Pak building. When the site plan was discussed by the Planning Commission and City Council last spring, both bodies agreed that they wanted to leave a solid curb along the Pak building and not allow for a curb cut to the north of the Pak building at that time. The City Council and the Planning Commission both felt it was important to prevent potential thru traffic between ABC Liquor and CVS Pharmacy. The Council and the Commission did not want vehicles to be able to cut through the Pak building parking lot to get to CVS, but instead wanted traffic to use the appropriate access from County Road 10. Both the Council and the Planning Commission agreed that when the Pak building was redeveloped, they would consider a joint access during the development review. If perimeter curbing were installed at the Pak building site as part of a redevelopment or revitalization, it would stop traffic from cutting through the area. On August 23, 2004, The Velmeir Companies approached City Staff requesting a change in the site plan. The property owner of the Pak building no longer wanted a shared parking lot with CVS. Staff administratively granted a site plan change that moved the curb line to the shared property line, but still continued the curb to the Pak building. The Staff approved change is attached. Although it was a site plan change, it still met the intent of preventing thru traffic, which both the Council and the Planning Commission made clear was important. CVS Site Plan Amendment Report November 22, 2004 Page 2 On November 17, 2004, Staff received another request for a site plan amendment, this time to open the perimeter curbing to allow for traffic to be able to access the front of the Pak building. Staff felt this differed too much from the original plan approved by the Council and informed the applicant that they must seek Council approval. The proposed site plan is attached for Council review. The curbing in the proposed site plan goes south to the edge of the Pak building and then returns to County Road 10. Mr. Perrozi has been informed of the Council’s desire to stop thru traffic and has offered to place an obstruction made of concrete- filled pipes between the Pak building and ABC Liquor/Simon’s Sports Shop in order to prevent vehicles from driving through. This proposal was not formally presented to the Planning Commission, but it was discussed at the last meeting. The Planning Commission remains opposed to allowing the curb opening. Recommendation: Discuss the requested site plan amendment. The Council can take one of the following actions related to the request: 1. Deny the requested amendment. To do so, the Council would vote to approve Resolution 6400, a resolution denying the site plan amendment. Resolution 6400 is attached if the Council selects this option. 2. Approve the requested amendment. If the Council selects this option, it might be appropriate to consider placing a time frame for an upgrade to the Pak building parking lot. An upgrade would include perimeter curbing, which would prevent potential traffic from entering the Pak building and CVS Pharmacy sites from ABC Liquors and Simon’s Sports Shop. Staff will return at the next meeting with a resolution of approval if this is the option selected by the Council. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Staff feels that using concrete-filled pipes is a just temporary solution to preventing thru traffic. Concrete-filled pipes or any other type of temporary barrier would most likely not be aesthetically pleasing. As the City is working towards the County Road 10 Redevelopment project, it may be best to look towards a permanent improvement at the Pak building site. CVS Site Plan Amendment Report November 22, 2004 Page 3 Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Location Map 2. Resolution 6400 3. Original Approved Site Plan (Separate Attachment) 4. Site Plan with Administrative Amendment (Separate Attachment) 5. Alternative Plan Submitted on 11/17/04 (Separate Attachment) CVS Site Plan Amendment Report November 22, 2004 Page 4 CVS Site Plan Amendment Report November 22, 2004 Page 5 RESOLUTION NO. 6400 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING AN AMENDMENT TO THE SITE PLAN FOR THE CVS PHARMACY DEVELOMPENT, ORGINALLY APPROVED ON MAY 24, 2004 WHEREAS, The Velmeir Companies (“Velmeir”), on behalf of Rick Perrozi, who is representing the owners of the 2832 County Road 10, has requested an amendment to the CVS Pharmacy development site plan, which was originally approved by Resolution 6270 on May 24, 2004; and WHEREAS, the CVS Pharmacy development is located at 2800 County Road 10 and is legally described as follows: Lot 2, Block 1 Velmeir CVS Addition Ramsey County, Minnesota WHEREAS, Velmeir has submitted an amended plan showing a change in the perimeter curbing; and, WHEREAS, the submitted plan would potentially allow thru traffic to gain access to the CVS Pharmacy site by way of the Pak building and other properties further west on County Road 10; and, WHEREAS, both the Mounds View City Council and the Mounds View Planning Commission feel it would pose a hazard and a nuisance to potentially have traffic accessing the CVS Pharmacy site by cutting through other parking lots along County Road 10; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Site Plan Approved on May 24, 2004 2. Proposed Amended Site Plan, date stamped November 17, 2004 3. Staff Report CVS Site Plan Amendment Report November 22, 2004 Page 6 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby denies the request to amend the site plan for the CVS Pharmacy development. Adopted this 22nd day of November, 2004. __________________________________________ Jerry Linke, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No. 10E Meeting Date: November 22, 004 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6394 Amending the 2004 TIF District Funds and Community Fund Budgets The City Council approved several actions during 2004, which created the need to amend the budget, but the budget amendment was overlooked at the time. This resolution corrects those omissions. Street Light Replacement Program: On August 9, 2004, the City Council approved Resolution 6327 awarding a contract to Xcel Energy for the replacement of City owned streetlights. Resolution 6327 and its staff report identified lights in the business park area, costing $191,000, to be funded by tax increment funds (TIF). The attached Resolution 6394 makes it more specific to TIF District #1 and amends the budget. Resolution 6327 also identified 8 lights in various locations around the City, costing $42,000, to be funded by the Community Fund. It also identified 6 lights in the Silver Lake Woods Condominium, costing $36,000, to be funded half by the homeowners association and half by the Community Fund. The attached Resolution 6394 amends the Community Fund budget to provide for $18,000 of revenue and $78,000 of expenditures. County Road H Sidewalk: On January 26, 2004, the City Council approved Resolution 6167 awarding a contract for the construction of a sidewalk on County Road H in the amount of $321,911.17. On July 12, 2004, Resolution 6304 approved Change Order #1 in the amount of $24,600 to install concrete curb on the north side of County Road H. Both resolutions stated the improvements were to be funded by TIF. The attached Resolution 6394 makes it more specific to TIF District #1 and amends the budget. Business Assistance to Velmeir Co. for the CVS Pharmacy: On July 26, 2004, the E.D.A. approved Resolution 04-EDA-191 approving assistance to Velmeir Co. for the redevelopment of the Amoco property at 2800 County Highway 10 in the amount of $75,000 to come from TIF funds. The attached Resolution 6394 makes it more specific to TIF District #2 and amends the budget. Recommendation: It is recommended that the City Council approve the attached Resolution 6394 to amend the 2004 budgets of the Community Fund, TIF District #1 Fund, and TIF District #2 Fund. Respectfully Submitted, Charles Hansen RESOLUTION NO. 6394 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AMENDING THE 2004 TIF DISTRICT FUNDS AND COMMUNITY FUND BUDGETS WHEREAS, the City Council passed Resolutions 6149 and 6150 on December 8, 2003 adopting budgets for the year 2004; and WHEREAS, the City Council at various times during 2004 approved actions that were in the best interest of the City, but that required expenditures that were in excess of the amounts in the adopted budget. NOW THEREFORE, BE IT RESOLVED, that the City Council adopts the following amendments to the 2004 Budget: Community Fund Revenues: Reimbursements Increase $18,000 Community Fund Expenditures: Street lights Capital outlay Increase $78,000 TIF District #1 Special Revenue Fund Expenditures: Street lights Capital outlay Increase $191,000 County Road H Sidewalk Capital outlay Increase $346,512 TIF District #2 Special Revenue Fund Expenditures: Redevelopment Assistance Capital outlay Increase $75,000 Adopted this 22nd day of November 2004. ATTEST: Jerry Linke, Mayor (SEAL) Kurt Ulrich, City Administrator Item No: 10F Meeting Date: 11/22/04 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Approve Bid Solicitation for Community Center Carpet Background: During the last year the City has received a number of complaints about the appearance of the carpet within the Mounds View Community Center. Most recently, building tenants such as the Twin Cities North Chamber and the Mermaid have requested that the carpet be replace. The carpet is the original with the building. Upon receiving complaints about the condition of the carpet, the City attempted deep- cleaning methods in several areas and has been unable to significantly improve the soiled appearance of the carpet. Most of the stains are so imbedded in the carpet fabric and backing that they reappear after cleaning. Discussion: The carpet is an important aspect of the facility and should be replaced in order to protect the image of the community center as a quality facility in which to host families and events. The fabric of the carpet is not worn-out, but the stains appear to be beyond repair. While the carpet could be kept, it is aesthetically unpleasing and unwelcoming to the public. Part of the reason the carpet has failed is due to the fact that a rigorous cleaning schedule has not been maintained. The future operating budget for the facility calls for twice a month cleaning of the carpet as recommended by most manufacturers. The City has received five quotes for carpet replacement, ranging from $61,416 to $84,000 for carpet tiles, and $47,312 to $64,766 for broadloom (roll) carpet. The carpet tiles have the advantage of being easily replaceable if they become damaged or destroyed, but the initial cost is greater. The City maintenance staff and the YMCA Advisory Board have reviewed this issue and the consensus has been that the carpet tiles offer the best long-term value for the facility. Due to the fact that quotes have generally been over $50,000, state statute and City purchasing policy require a sealed bid be solicited. Recommendation: Staff recommends that the Council authorize staff to solicit sealed bids to install new carpet at the Mounds View Community Center, specifying carpet tiles, but have an alternate of broadloom carpet. Item No: 10G(2) Meeting Date: November 22, 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: Discuss the Possibility of City Council to put a Question on the Ballot for the Special Election Staff was advised of the possibility of putting a question on the Ballot for the Special Election on February 1, 2005. According to Minn. Stat. 205.16, subd. 4, a written notice of the approved ballot question must be to the county auditor 53 days before the date of the upcoming election. Staff would need an approved ballot question from the City Attorney and the City Council before December 10, 2004. The approved written ballot must be on the County Auditor’s desk by close of business on December 10, 2004. Recommendation: Staff recommends that if the Council chooses to put a question on the ballot, then Staff and Council must act quickly. After today (November 22nd), we have 18 days to come up with an approved ballot question. These 18 days include weekends and holidays (Thanksgiving). Respectfully submitted, Desaree Crane Item No: 10H Meeting Date: November 22, 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 6392 Approval of Step and Wage Increase for Planning Associate Kristin Prososki Background: Kristin Prososki is a current employee with the City of Mounds View. Kristin Prososki’s supervisor reviewed her performance as it relates to her responsibilities outlined in the job description. Discussion: It was determined that Kristin Prososki has more than satisfactorily performed in the capacity of her position, and therefore a wage adjustment is consistent with the City’s Personnel Policy. Respectfully Submitted, Desaree Crane Administrative Assistant RESOLUTION 6392 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING STEP ADJUSTMENT FOR KRISTIN PROSOSKI WHEREAS, Kristin Prososki is a regular full-time employee who is currently working for the City of Mounds View as Planning Associate within the Community Development Department; and WHEREAS, Ms. Prososki’s supervisor reviewed her performance as it relates to the responsibilities outlined in the job description; and WHEREAS, her supervisor determined that Ms. Prososki has more than satisfactorily performed in the capacity of her position as documented in her performance review on file; and WHEREAS, a wage adjustment is consistent with the City’s personnel policy. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Kristin Prososki as indicated in the chart below: NAME CURRENT POSITION DATE OF EMPLOYMENT / CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Kristin Prososki Planning Associate October 21, 2003 Step 2 18.33 per hour Step 3 19.41 per hour October 21, 2004 Adopted this 22nd day of November, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No. 10I Meeting Date: November 22, 2004 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6399 Approving a Contract Award for Work Associated with the County Road 10 Redevelopment and Revitalization Project Background: On August 26, 2002, the City Council approved resolution No. 5824 adopting the County Road 10 Redevelopment Project Plans as prepared by URS. The City Council recently named the development of this project as a strategic goal on the City Council Priority List for 2004. On January 5, 2004, Staff introduced the development of an implementation plan for the County Road 10 Redevelopment and Revitalization Project. There was little discussion on this topic, as City Council members were not provided the original report and background information. On May 3, 2004 a presentation on the County Road 10 Redevelopment Project Plans was given by Todd Halunem of URS. Following the presentation, City Council directed Staff to prepare a staff report that would authorize the development of a Request For Proposal (RFP). While the overall corridor plan for County Road 10 has been developed, the details on how to implement it have yet to be determined. Given the complexities of such a plan and the expertise needed in developing the implementation plan, Staff is recommending that the City send out a request for proposal (RFP) to solicit help in developing it. On May 10, 2004 the City Council approved Resolution 6178 authorizing the development of a Request For Proposal (RFP) for work associated with the implementation of the County Road 10 Redevelopment and Revitalization Plan. On September 27, 2004 the City Council approved Resolution 6357 authorizing the publication of a Request For Proposal (RFP) for Work Associated with the County Road 10 Redevelopment and Revitalization. The Request For Proposal (RFP) was published and directly mailed to those firms within the City’s pool of consultants. Discussion: The Request For Proposal was published and on September 29, 2004, sent directly to eight (8) firms within the City’s pool of consultants. These were: Bonestroo, Rosene, Anderlik & Associates Inc. McCombs Frank Roos Associates, Inc. Progressive Consulting Engineers, Inc. Short Elliott Hendrickson, Inc. TKDA Ulteig Engineers, Inc. URS Yaggy Colby Associates During the week of October 11th the City met with and discussed the expectations of the RFP with URS, SEH, and BRAA based on their requests. By the submittal deadline set for October 25, 2004, the City had received three responses for the Request For Proposal. These RFP’s are available at City Hall for City Council review. Firms submitting an RFP follow:  Bonestroo, Rosene, Anderlik & Associates Inc.  Short Elliott Hendrickson, Inc.  URS On October 28, 2004 the City provided copies of the RFP’s to the County and asked for their comments (see attached letter). City Staff reviewed the RFP’s and met on November 9th to discuss them. Dan Solar, Traffic Engineer for Ramsey County contacted the Public Works Director on November 16th and relayed his thoughts, comments and recommendations. The following is a summary of Staff’s and the County’s comments, thoughts, and recommendations: • Both City Staff and the County agree that all three firms are more than qualified to assist the City with this project. • The cost estimates submitted were; BRAA $152,000, SEH $149,258, URS $110,860. Both City Staff and the County agree that this cost estimate must not be the overriding factor in selecting a consultant for this project. Staff would like to stress that as a City, we don’t know exactly what tasks we will need to be completed with a project as complex as this. The bottom line is we will be paying a consultant on an hourly basis for whatever duties we need to have them perform. Therefore, with consultant rates basically the same, this should not be a factor. • Both City Staff and the County agree that they had somewhat preconceived that URS would be a good choice based on their history with this project and Staff. However, the RFP submitted was less than first-class. It did not appear to capture the full scope of this project and seemed to rely on past data collected and past work performed. • The County has not worked much with SEH’s Project Manager, but has been pleased with past SEH projects and past project teams. • The County has less experience with BRAA (than SEH). The County was not pleased with a past BRAA project (Silver View north of 694). However, once BRAA brought on the proposed Project Manager, the issues with the project were corrected. • BRAA additionally provided a focus on funding. They would be including a team of grant writers and staff experienced in the details and issues needed to obtain federal funding. • BRAA included / proposed other support items such as addressing the water resource issues (working with Rice Creek Watershed District) and neighborhood and community information campaigns, - both frequently overlooked but vital to the success of a large, complex project that spans several years. • In comparing SEH to BRAA, Staff weighs heavily the success of the recent 2003 Street Improvement Project, and considers the issues and problems of the County Road H2 Project. Staff feels that the level of attention to detail and the spirit of being proactive to solve issues separated the success of these two projects. These attributes will be even more important with the County Road 10 Project. Based on the review of the RFP submitted and the consideration of past performances, Staff recommends that the City Council award a contract to the firm of Bonestroo, Rosene, Anderlik & Associates, Incorporated for work associated with the County Road 10 Redevelopment and Revitalization Project. Ramsey County concurs with this recommendation. It is proposed that the funds to provide engineering consulting services be derived from Tax Increment Financing (TIF) Fund – District No. 1. However, if applicable, and when possible, other sources may be used. Said funding sources may include DNR or Federal Grants, and Ramsey County Signal Fund. Recommendation: It is recommended the City Council approve a resolution to award a contract to the firm of Bonestroo, Rosene, Anderlik & Associates, Incorporated for work associated with the County Road 10 Redevelopment and Revitalization Project and authorize the execution of said agreement. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6399 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONTRACT AWARD FOR WORK ASSOCIATED WITH THE COUNTY ROAD 10 REDEVELOPMENT AND REVITALIZATION PROJECT WHEREAS, on May 10, 2004 the City Council approved Resolution 6178 authorizing the preparation of a Request For Proposal (RFP) for work associated with the County Road 10 Redevelopment and Revitalization Plan; and WHEREAS, based on Council’s direction, Staff has developed a Request For Proposal (RFP); and WHEREAS, on September 27, 2004 the City Council approved Resolution 6357 authorizing the publication of a Request For Proposal (RFP) for Work Associated with the County Road 10 Redevelopment and Revitalization Plan; and WHEREAS, the City has received three responses from the Request For Proposal; and WHEREAS, City Staff and Ramsey County recommend that the City Council award a contract to the firm of Bonestroo, Rosene, Anderlik & Associates, Incorporated for work associated with the County Road 10 Redevelopment and Revitalization Project; and WHEREAS, the estimated cost of $152,000 for consulting services will be derived from Tax Increment Financing (TIF) Fund – District No. 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The award of a contract to the firm of Bonestroo, Rosene, Anderlik & Associates, Incorporated for work associated with the County Road 10 Redevelopment and Revitalization Project is hereby approved. 2. The Mayor and City Administrator are hereby authorized to execute said contract. 3. The estimated cost of $152,000 for consulting services will be derived from Tax Increment Financing (TIF) Fund – District No. 1 or other non-City sources, if available. Adopted this 22nd day of November 2004. ____________________________________ Jerry Linke, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) October 28, 2004 Dan Solar Traffic Engineer Ramsey County 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Subject: County Road 10 Request For Proposal Review Dear Dan, On September 27, 2004 the City Council approved a resolution to authorize the publication of a Request For Proposal (RFP) for work associated with the County Road 10 Redevelopment and Revitalization Plan. A due date of October 25, 2004 was set for submitting a proposal. The City has received a total of three proposals: BRAA, SEH, and URS. Based on our previous discussion I have enclosed two sets of proposals. Please review these documents and provide the City with comments and possible recommendations by November 16, 2004. If you feel an interview process is warranted to further investigate the capabilities for these three firms, please contact me. Assuming we exclude the interview process, I anticipate that this item will be brought before the City Council for approval on November 22, 2004. Thank you for your assistance. Please contact me at 763-717-4051 should you have any questions. Sincerely, Greg Lee Director of Public Works City of Mounds View Enclosure (3 RFP’s) GL cc: Kurt Ulrich - City Administrator Last updated: November 1, 2004November 18, 2004 II I. .................. Building/Community Dev. Related Fees 1-10 a. ........................................................................... Valuation Table 1 b. ................................................................................ Surcharges 1-2 c. ..................... General Construction, Home, Building Permits, Misc 2-8 Accessory Building/Shed .......................................................................................... Addition ..................................................................................................................... Basement.................................................................................................................. Basic Floor Area ....................................................................................................... Deck .......................................................................................................................... Door/Window Installation ......................................................................................... Driveways, Sidewalks, Parking Lots and Patios ...................................................... Electrical Work ......................................................................................................... Elevators ................................................................................................................... Excavating, Grading, Filling ...................................................................................... Fences ...................................................................................................................... Fire Alarm System .................................................................................................... Garages .................................................................................................................... Garbage/Recycling Enclosure .................................................................................. HVAC ........................................................................................................................ Mobile Homes ........................................................................................................... Moving Buildings ...................................................................................................... Pipe Fitting ................................................................................................................ Plumbing Work ......................................................................................................... Porch ........................................................................................................................ Raising, Shoring ....................................................................................................... Refrigeration Work ................................................................................................... Remodeling .............................................................................................................. Reshingling ............................................................................................................... Re-siding/Stucco ...................................................................................................... Satellite Dishes ......................................................................................................... Signs/Billboards ........................................................................................................ Sprinkling System ..................................................................................................... Stucco ....................................................................................................................... Swimming Pools ....................................................................................................... Tank (fuel, gas) Installation/Removal ....................................................................... Telecommunication Antenna Building Permit Fee ................................................... Windows ................................................................................................................... Wrecking ................................................................................................................... III d. ......................................... Other Inspections/Planning Fees 8-10 Building Inspections ................................................................................................. Code Appeal ............................................................................................................. Comprehensive Plan Amendment ........................................................................... Conditional Use Permit ............................................................................................. Contractor Licenses ................................................................................................. Development/Site Plan Review ................................................................................ Housing Inspection Fees .......................................................................................... Multiple Dwelling Registration/Transfer .................................................................... Plan Review Fee ...................................................................................................... Planned Unit Development/Amendment .................................................................. Reinspection Fees .................................................................................................... Rezoning ................................................................................................................... Street or Easement Vacation ................................................................................... Subdivisions ............................................................................................................. Variance .................................................................................................................... Wetland Alteration Permit ........................................................................................ Wetland Buffer Permit .............................................................................................. II. ........ Miscellaneous (copies, maps, agendas, etc.) 11-12 Apartment/Multiple Dwelling List .............................................................................. Blue Prints/Maps ...................................................................................................... Council/Planning Commission Meeting Packets ..................................................... Dog License List ....................................................................................................... Filing Fee for Public Office ....................................................................................... Insufficient Fund Checks (NSF) ............................................................................... Mailed Agendas ........................................................................................................ Mailed Minutes.......................................................................................................... Mounds View Business List ...................................................................................... Municipal Code ......................................................................................................... Notary Public ............................................................................................................ Outdoor Sign Usage ................................................................................................. Pending Assessment Search ................................................................................... Photocopies .............................................................................................................. Picnic Kits ................................................................................................................. Police/Accident Report ............................................................................................. Resident List ............................................................................................................. Sales Tax .................................................................................................................. Special Assessment Search .................................................................................... Tree Removal ........................................................................................................... Video Tape Copies ................................................................................................... Zoning Code: Photocopy/CD Rom ........................................................................... III…….……………. Police/ Administrative Offenses 12-15 IV. .................................................................... Licenses 15-17 Amusement Centers/ Devises/Rides, Carnivals, Circuses ...................................... Automobile Sales ...................................................................................................... Bowling Alley ............................................................................................................ Boxing and Wrestling Permit .................................................................................... IV Cigarette and Tobacco ............................................................................................. Dog Licenses ............................................................................................................ Fireworks .................................................................................................................. Garbage and Rubbish Hauler License ..................................................................... Gasoline Station License .......................................................................................... Kennel License ......................................................................................................... Liquor Licenses/Investigation Fee ............................................................................ Peddlers/Transient Merchant License/Investigation Fee ......................................... Recuperation of Half Way House ............................................................................. Restaurant License .................................................................................................. Therapeutic Massage/Investigation ......................................................................... V. .............................................................. Room Rental 19-20 Mounds View Community Center………………………………………………………. City Hall ..................................................................................................................... VI. ................................ Water, Sewer and Street Fees 20-22 Late Payment ............................................................................................................ Load Limits Fee ........................................................................................................ MIU/MXU .................................................................................................................. Meter Testing ............................................................................................................ Park Dedication Fee ................................................................................................. Sewer Availability Charge (SAC) .............................................................................. Sewer Charge ........................................................................................................... Sewer Connection/Repair Permit ............................................................................. Service Restoration .................................................................................................. Shut-of and Curb Stop .............................................................................................. Street Light Utility ...................................................................................................... Street Opening Permit .............................................................................................. Storm Water Management (SWM) ........................................................................... Surface Water Management .................................................................................... Tapping ..................................................................................................................... Unit Charge............................................................................................................... Water Charge ........................................................................................................... Water Connection/Repair Permit ............................................................................. Water Disconnect/Reconnect in Spring ................................................................... Water Hydrant Deposit ............................................................................................. Water Meter .............................................................................................................. Water Quality Testing ............................................................................................... Utility Bill Assessment Search……………………………………………………………………. VII. The Bridges……………………………………………………23 1 I. BUILDING/COMMUNITY DEVELOPMENT RELATED FEES A. VALUATION TABLE The following Valuation Table shall be used to determine fees for those permits indicated below and in all cases where the work is of such a nature that the permit fees cannot be determined from the schedule established below for such work. The minimum fee for all permits shall be $23.50 unless otherwise specified. $1 to $500 $23.50 for the first $500 $501 to $2,000 $23.50 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the first $2,000 plus $14 for each additional $1,000 or fraction thereof, to an including $50,000 $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof to an including $50,000 $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each additional $1,000 or fraction thereof, to and including $100,000 $101,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof. $1,000,001 and up $5608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof. 2 B. SURCHARGES Building Surcharge: Where the fee for the permit is based upon valuation, the surcharge is as follows: 1. Building Surcharge (For valuation-based permits, the surcharge is as follows) Valuation of Work Surcharge Computation $1,000,000 or less .0005 x valuation $1,000,000 to $2,000,000 $500 + .0004 x (Value - $1,000,000) $2,000,000 to $3,000,000 $900 + .0003 x (Value - $2,000,000) $3,000,000 to $4,000,000 $1,200 + .0002 x (Value - $3,000,000) $4,000,000 to $5,000,000 $1,400 + .0001 x (Value - $4,000,000) Greater than $5,000,000 $1,500 + .00005 x (Value - $5,000,000) For fixed-fee permits, the surcharge shall be $.50 per permit (or .0005 of the permit fee if fee exceeds $1,000). 2. Heating Surcharge Residential $.50 per permit (or .0005 of the permit fee if fee exceeds $1,000). Commercial Use the above table 3. Plumbing Surcharge $.50 per permit (or .0005 of the permit fee if fee exceeds $1,000). 3 B. GENERAL CONSTRUCTION, HOME, MISCELLANEOUS BUILDING PERMITS. (Note: Surcharges Not Included in All Figures Listed below -- See Surcharge Section in Chapter 1006 for More Information) Accessory Buildings: Garages & Sheds *(Valuation per sq. ft. used for valuation table) Attached Garage $20.00 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (w/ concrete floor) $ 10.00 $11.00 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (w/ wood floor) $ 6.00 $7.00 per sq. ft. Sheds, 120 square feet and less $ 25.00 (flat fee) Carport $ 10.00 per sq. ft. Addition *(Valuation per sq. ft. used for valuation table) First Floor $63.55 Second Floor $44.49 Addition (mobile home) $22.30 Basement *(Valuation per sq. ft. used for valuation table) Unfinished $12.86 Semi-finished $17.24 Basic Floor Area *(Valuation per sq. ft. used for valuation table) $63.55 Remodel $18.00 Deck *(Valuation per sq. ft. used for valuation table) Residential $8.00 30” and under, not attached (no surcharge) Decks on manufactured homes $25 per deck Demolition $20 plus $2.00 per 1,000 cubic feet or fraction thereof over 2,000 cubic feet plus $.50 surcharge 4 Door or Window Installation Using existing window frame No fee Change Opening Use valuation table $40 for first windows/door plus $12.50 for each additional window/door plus $.50 surcharge Use Existing Rough opening $20 for first window/door plus $2.50 for each additional window/door Bay Window $40.00 plus .50 surcharge Egress Basement Window $50 for first window $25 for each additional window Driveways, Sidewalks, Parking Lots, Patios; New Installation or Overlay (No Surcharge) Residential R-1 or R-2 Overlay or Seal Coating with no expansion Concrete/Asphalt/Brick: $20 for first 500 square feet plus $2 for each additional 100 square feet or fraction thereof (no surcharge) Gravel: $10 for first 500 square feet plus $1 for each additional 100 square feet or fraction thereof (no surcharge) No Permit Needed Commercial Use valuation table Electrical Work -- Same as established in the Minnesota State Board of Electricians, March 1, 1972 Edition of Laws and Regulations Licensing Electricians and Inspections of Electrical Installations as Amended. Electrical Inspector Bob Clauson (651)777-7885 Kim Sparrow: 763- 464-3023 Blank Electrical Request Forms $1.50 each Elevators Use valuation table (see surcharge and plan check fee for additional charges). Excavating, grading, filling $20, or $4 per 1,000 square feet or fraction thereof, whichever is greater, plus $.50 5 surcharge (*Applicant may be responsible for any City engineering costs) Fences (See Chapter 1103) $25 per installation (no surcharge) Fire Alarm Systems $50 6 Fire Permits Temporary Tent $50 Day Care Fire Inspections $50 Fireplace (these are the estimated value) Brick Single flue (flat value) $2,400 Brick Double (flat value) $3,500 Free Standing wood (flat value) $1,200 Heatilator gas $2,400 Fireplace $2,000 Woodburning Stove (building Permit $25 plus .50 surcharge Gas Fireplace (mechanical Permit) $25 plus .50 surcharge HVAC (Plus Surcharge) All Commercial HVAC (4 units & up) 1.5% of contract price plus surcharge at .0005 times contract price Residential Air Conditioning $20 plus $3.00 per ton or fraction thereof $30 per unit Furnaces and Air Exchangers $25 plus $5 per 100,000 BTU per hour or fraction thereof $40 per unit – New $30 - Replacement Air Exchanger $25 per unit Sheet Metal / Duct Work $25 Ventilation Systems $10 for the first fan plus $4 for each additional fan Gas fireplace $25 includes incidental piping Gas, oil piping $20 $25 per unit Gas Meter, Regulator Upgrade $25 7 Steam, hot water heating $30 plus $5 per 100,000 BTU per hour or fraction thereof over 200,000 BTU per $40 per unit Irrigation Systems (landscaping) $27.00 (plus .50 surcharge) Mobile Homes (See Chapter 1110) Installation $50 per installation (plus $.50 surcharge) Mechanical (Gas hook up) $20 (plus $.50 surcharge) 8 Moving Buildings (See Chapter 1007) Principal Structure $110 $175 per building (plus $.50 surcharge) Accessory Structure (larger than 120 sq. ft.) $50 per building (plus $.50 surcharge) Accessory Structure (120 sq. ft. or less) $25 Plumbing Work - Residential and Commercial (plus $.50 surcharge) (Chapter 1004) Plumbing fixture, devices, Connections Fixture Replacement (same opening) or Repair $20 plus $7.00 per fixture, device and connection $15 or 5% of value whichever is greater up to $27 Porch *(Valuation per sq. ft. used for valuation table) Screen only $23.50 Three-Season (wood frame/windows/doors Not Heated) $42.58 Raising, shoring Use valuation table - see surcharge and plan check fee for additional charges Re-shingling Residential (Buildings under 120 square feet do not require a permit) Tear off: $40 for first 1,000 $20 for this first 500 square feet plus $3 for each additional 100 square feet or fraction thereof (plus .50 surcharge) Overlay: $40 for first 1,000 square feet plus $2 for each additional 100 square feet or fraction thereof (plus .50 surcharge) Commercial Use Valuation Table Re-siding / Stucco Residential (Building under 120 square feet do not require a permit) Soffit/Fascia only (fee not required $40 for first 1,000 $20 for the first 500 square feet plus $3 for each additional 100 square feet or fraction thereof (plus .50 surcharge) 9 taking out siding permit at the same time) Soffit/Fascia: $25 per installation Commercial Use Valuation Table Satellite Dishes (See Chapter 1103.18) $25 per installation (plus $.50 surcharge) (excludes mini dish systems) Signs, Billboards (See Chapter 1008) -- No Surcharge Signs up to 100 sq ft. $50 for the first 24 square feet plus $5.00 for each additional 25 square feet or fraction thereof up to 100 square Signs 100 sq. ft. and over $75 for the first 100 square feet plus $10 for each additional 100 square feet or fraction thereof Signs refacing or altering $25 per installation Temporary Signs $30 per 21 day period (Limit 3 permits per year) Billboards $200 per billboard Sprinkling Systems (Fire Suppression) Sprinkler; Residential $30 plus $4.50 for each ten sprinkler heads or fraction thereof over the ten heads, plus $.50 Sprinkler; Commercial 1.5% of the contract price plus surcharge at .0005 times the contract price Sprinkler Value 1.5% per square foot Stucco See Re-siding Swimming Pools (See Chapter 1009) *(Valuation per sq. ft. used for valuation table) Above ground $6.00 Below ground $20.00 Tank Installation (fuel, oil, gas, etc.) $100 per tank Tank Removal (fuel, oil, gas, etc.) $50 per tank 10 Telecommunication Antenna (See Chapter 11261124) (Building Permit Fee.) $750 plus $.50 surcharge per system installation. For installations on-city property, fee is 7% of yearly rent to city (plus .50 surcharge) Temporary Office (Mobile home) $50 ($10 annual renewal) Windows See Door/Window Installation Wood burning Stove $25 (plus $.50 surcharge) Wrecking See demolition 11 D. OTHER INSPECTIONS / PLANNING FEES Applicants are responsible for all costs incurred associated with the filing, review and processing of development applications. Such fees are to be paid in escrow up front or upon receipt of statement from the City of Mounds View. Fees may include but are not limited to costs for consultants retained by the City, consultant planning services, attorney, and engineer fees. A deposit may also be required to cover costs of public notices, materials and staff time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within 30 days after consideration of the application is completed. Payment of park dedication fees is required with subdivision applications. Application fees are not refundable. Building Inspections Inspections conducted outside of normal business hours $47/hr. (Minimum charge two hours) Inspections for which no fee is specifically indicated $47/hr. (Minimum charge - one half hour) Reinspection Fees $47/hr. Change of Address $100 deposit Comprehensive Plan Amendment $250 Conditional Use Permit R-1 to R-2 $150 All other Districts $325 Contractor Licenses (See Chapter 1001) $50 per Year State License Contractors License Verification Fee $5 per permit (See building procedures) Development/Site Plan Review $125/acre, minimum $125, maximum $750. Housing Inspection Fees (See Chapter 1005 1012) Initial and Follow up Inspection No charge Each Additional Inspection $25/inspection Investigation Fee Equivalent to permit fee (when work commences without an approved permit) 12 Plan Review Fee * Refund Policy: No plan review fee may be refunded after review has been completed. Plan Review Fee, “Similar” 65 percent of permit fee for all commercial permits and for residential permits for new dwellings, dwelling additions, garages, garage additions, decks, sheds over 216 square feet, and major remodeling. Additional Plan Review Fee required by changes, additions or revisions to plans $47/ hr. (Minimum charge one half hour) Plan review for outside consultants for plan checking and inspections, or both. Actual costs including administrative and overhead costs. Where all units are the same or similar, each unit after first shall be 25% of original fee. Planned Unit Development (PUD (See Chapter 1120) $750 PUD Amendment $350 Refund Policy All but $40 of the permit fee can be refunded within 100 days of application if work has not commenced. Rezoning $500 Street or Easement Vacation $250 Subdivisions Minor Subdivision $250 Major Subdivision $500 Text Amendment, Zoning Code $150 Text Amendment, Other City Code $125 Variance R-1, R-2 (Administrative) $75 (additional $100 if formal variance is required) R-1 and R-2 (Formal) $150 All Other Districts $325 Wetland Alteration Permit R-1 and R-2 $150 All Other Districts $400 13 Wetland Buffer Permit R-1 and R-2 $25 All Other Districts $100 Zoning Letter $25 Returned Check $20 14 II. MISCELLANEOUS FEES (Copies, Agendas, Maps, Minutes, etc.) Annual Financial Report $25 Adopted Annual Budget $25 Apartment/Multiple Dwelling List $5 Blue Prints / Maps, Up to 11 x 17 Blue Line $2 Colored map $5 Blue Prints / Maps, Up to 24 x 36 Blue line $5 Colored map $10 Capital Improvement Plan $25 Certified Copies $5 plus photocopy fee Dog License List $.25 per page Filing Fee for Public Office $20 (pending Ruling of Charter Commission) Insufficient Funds (NSF) checks (returned or NSF checks) $30 Long Term Financial Plan $25 Mailed / Faxed Agendas City Council $60/year Planning Commission $54/year Special Meeting $25/year Work Session $45/year Mailed Minutes City Council $150/year Planning Commission $144/year 15 Mailed Meeting Packets City Council $250/year Planning Commission $175/year Work Session $200/year Mounds View Business List $.25 per page Municipal Code $200 Notary Public $1 plus copy charge Outdoor Sign Usage (City Hall) $25 (2 week maximum) Photocopies $2.00 for the first page and $.25 each additional sheet Sales Tax 6.5%, maps, copies Sign Code Chapter $5 Special Assessments Search $10 Tree Removal See City Forester Video Tape Copies $25 Zoning Code Photocopy $50 Zoning Code CD Rom $15 16 III. POLICE/ADMINISTRATIVE OFFENSES Crime Free Multi Housing Participant No charge Driver License Record (MN) Resident: No charge Non-Resident: $3 Driver License Record (Out of state) $6 Fingerprint Cards $15 for first card/$5 for each add’l card Police/Accident Reports $2/page for the first page & .25 for each additional page Police Reports Research $50/hr for research, plus $2 for the first page and .25 for additional pages Certified Copy of Report $5 for certification and $2/page for the first page & .25 for additional pages Color Printed Copy $2.00/page 35mm Standard Photos $1.00/print Cassette or Video tape $25.00 Electronic copies to Digital Media $15.00 per disc Impound Vehicle Storage Fee $15.00 per day ADMINISTRATIVE OFFENSES 30' Stop Sign $15 Alcohol in public $50 Animals $25 Bldg. And Fire Code $100 Blocking Driveways $100 Expired Plates/Registration $25 Fire hydrant $25 Fire Lane $25 Fireworks $100 Garbage Dumping $100 17 Handicap Zone $200 House Numbers $25 Housing Code/Streets $100 Junk Vehicles $50 Junk & Debris $50 Keys in Ignition $20 Loads limits $100 Loitering $25 Loud Parties/Noise $50 Other Illegal Parking $15 Park Ordinance $25 Plate/Tab missing $20 Public Nuisances $100 Regulated Business Activity (Zoning) $100 Seat Belts $25 Signs $100 Snowbirds $25 Snowmobiles $25 Speed, Stop Sign, Semaphore or unsafe lane use violations $40 Loud Parties/Noise Mufflers, Stereos and other Violations of State and City Noise Codes $50 Tobacco Penalties, Sale to Minors: Administrative Penalties for Businesses 1st Offense $150 2nd Offense within 24 months $400 3rd Offense within 24 months $500 18 IV. LICENSES (All licenses subject to a 10% late fee where applicable.) Amusement Devices and Centers (Chapter 506) $15 per location plus $15 per machine (MN Stat. 449.15) Automobile Sales (Chapter 510) $150/year Amusement Rides, Carnivals, Circuses (Chapter 506) $125 for first day plus $20 for each additional day Bowling Alleys (Chapter 507) $20/alley/year Boxing and Wrestling Processing Fee Regulated by the State of Minnesota Cigarette and Tobacco License Fee (Chapter 512) $150/year Dog Licenses (decreased by 50% after one year) Spayed or neutered $7/2 years Unspayed or Unneutered $13/2 years Duplicate tags $2 Fireworks Sales License $750 Garbage and Rubbish Hauler (Chapter 603) $75 plus $20 per vehicle/year Gasoline Stations (Chapter 509) $60 plus $10 per pump Tobacco Penalties, Sale to Minors: Administrative Penalties for Individuals 1st Offense: $100 Subsequent Offenses $50 per offense Tobacco Penalties: Possession by Minors 2nd Offense for possession or use $50 Trespass $25 Truck parking $25 Wetlands $100 Zoning $100 19 Kennel (Chapter 701) Residential $30/year Commercial $50/year Liquor Licenses (Chapter 502, 503) On-Sale without Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is issued primarily as dining area with a minimum fee of $3,000 and a maximum fee of $10,000 On-Sale with Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is issued primarily as dining area with a minimum fee of $3,000 and a maximum fee of $10,000 (Resolution No. 4629) Temporary Liquor License Fee $35/event; $10 Investigation Fee if applicant does not hold license within Mounds View On-Sale Wine $800/year Off-Sale Intoxicating $200/year Bottle Club $330/year On-Sale Malt Liquor/3.2 Beer $1,000/year Off-Sale Malt Liquor/3.2 Beer $100/year Set Ups $330/year Club $330/year Investigation Fee: Wine/General Liquor Single Person $300/$350 Partnership $365/$385 Corporation $400/$450 20 Multiple Dwelling License (Chapter 10051012) $6/Unit with minimum of $40/building/year Multiple Dwelling License Transfer $25 Pawn Shops (Chapter 515) Non-Refundable Application Fee (includes cost of investigation) $500 New Manager Investigation Fee $150 Annual License $10,000 Billable Transaction Fee $1.50 per transaction Performance Bond $10,000 Peddlers / Transient Merchants / Solicitors (Chapter 504) Permits $60/day $100200/month $500/year Investigation fee $10 investigation fee for new peddler I.D. Card $2.505.00/person Recuperation or Half Way House (Chapter 511) Less than 10 beds $33/year 10-49 beds $55/year 50-99 beds $82/year Over 100 beds $110/year Restaurants -- Class A (occupancy load greater than 100) (Chapter 505) Operating 16 hours/day or less $275 Operating more than16 hours/day $550 21 Restaurants -- Class B (occupancy load of 100 or less) Operation 16 hours/day or less $165/year Operating more than 16 hours/day $330/year Tattoo and Body Piercing License /Investigation Fee Enterprise License License Fee $250 Investigation Fee $100 Specialist License License Fee $100 Investigation Fee $100 Temporary License $100 Therapeutic Massage License Fee/Investigation (Chapter 514) Enterprise License $75250 Therapist License $35100 Individual Investigation Fee $50100 Partnership / Corporation Investigation Fee $350 22 V. ROOM RENTAL a. MOUNDS VIEW COMMUNITY CENTER Mounds View Banquet and Conference Center - Basic Services Banquet and Conference Center Rental Full room (up to 330400 guests) Half room (up to 150200 guests) 1/3 room (up to 75130 guests) Break-out Room Rentals are Available Refer to MVBC Mgr: Mermaid Sales and Catering 763-746- 2134Canyon Sales and Catering 763-323-9109 Damage Deposit $250 (will be returned within 48 hours after the event)Refer to MVBC Manager: Canyon Catering Gym Rental Refer to MVCC Room Policies Open Gym Refer to MVCC Room Policies Athletic Field Rental $10 per event (YMCA and ISD #621 are exempt from this fee. Park Shelter Rental $50 clean-up deposit and $50 key deposit plus $20 fee for residents or $50 fee for non-residents. Community Room Rental $10/hr Resident $1520/hr Non-Resident $30/hr Corporation $25 deposit required to bring in food. No charge for community organization meetings. 23 (Mounds View Community Center Rates inserted here) 24 b. CITY HALL ROOM RENTAL City Hall The following organizations are recognized by the Mounds View City Council as being allowed to hold organizational meetings at City Hall: TOPS, Lions, Quilters, Sunnyside School Reading Group, Irondale Hockey, Ramsey County Charter Commission and Scout & Campfire Groups. The use of space in City Hall will be free of charge for these organizations. All other organizations are encouraged to contact the Mounds View Community Center regarding room rental. VI. WATER, SEWER, STREET AND OTHER FEES Late Payment 10% of bill Load Limits Permit Fee $20/entry/truck Meter Testing (Chapter 906) $50 (free if meter is faulty) MIU/MXU Cost (New Construction Only) $105 plus tax/$125 plus tax Park Dedication Fee (Chapter 1204) Residential Subdivision (Less than one acre) 5% Market value of land -- cash dedication Residential Subdivision (One acre or more) 10% Market value of land -- cash dedication Commercial & Industrial Subdivisions 10% Market value of land -- cash dedication SEWER FEES Sewer Availability Charge (SAC) $1350 (effective 1/1/04 per Metro Waste Control CommissionMetropolitan Council Environmental Services - MCES). Sewer Charge Residential Rates $47per REC (Billed quarterly. Effective January 1, 1999 per Ordinance 623Effective April 1, 2004 per Ordinance 729.) Service Charge per Residential Equivalent 25 Commercial, Industrial, Public Buildings, and Church Rates Connection $21.58 per Quarter Usage Rate Based on Metered Water Usage $1.72 per 1,000 gallons Service charge per residential equivalent connection $47 per quarter Sewer Connection/Repair Permit $25 (no surcharge) Unit Charge $100 per new structure 26 Service Restoration $75 between 7:00 a.m. and 3:30 p.m., M-F;$100 between 3:30-5:30 p.m., M-F; No restoration after 5:30 p.m. or on weekends or holidays. Shut-Off and Curb Stop cost plus 10% for handling and sales tax Street Light Utility - User Fees (Chapter 904) Residential (includes single family homes, duplexes, four-plexes, condominium and townhomes) $3.25 per unit per quarter Commercial/Industrial $16.25 per acre per quarter Institutional/Charitable $16.25 per acre per quarter Apartments $14.37 per acre per quarter Street Opening Permit $20 plus $500 to $700 per opening (check with Public Works/Community Development Department for exact amount) Storm Water Management (SWM) (Chapter 908) - New Construction R-1 $202 per lot R-2 989 per acre R-3, R-4, R-0 $1,429 per acre B-1, B-2, B-3, B-4 $1,429 per acre I-1, PUD $1,996 per acre Storm Water Management – Utility Fees R1, R2 Single & Two Family Residential $5.507.50 per quarter per unit R-3 Medium Density Residential $30.0640.99 per quarter R-4, R-5, R0 High Density Residential Mobile Homes and Residential Office $36.4749.72 per quarter/acre B-1, B-2, B-3, B-4 Neighborhood Business Limited Business, Highway Business, Regional Business $46.7763.78 per quarter/acre I-1 Industrial $36.4749.72 per quarter/acre PUD Planned Unit Development $41.5356.39 per quarter 27 CRP Conservancy, Recreation and Presentation $5.096.94 per quarter School/Church, Public, Private $16.7922.89 per quarter Tapping (water or sewer) City does not perform this service Unit Charge (Sewer) $100 per new structure Water Availability Charge (WAC) Residential $275/unit Commercial/Industrial larger of $900/acre or $224/36,000 Gallons of Water Consumption of Water Water Charge $1.4550/1,000 gallons (Effective January 1, 1999 per Ordinance 623). Tapping (water or sewer) City does not perform this service Water Connection/Repair Permit Inspection An after hours inspection of a water and/or sewer connection or repair will be charged as a callout. A callout is defined as a minimum of two hours pay at one and one-half (1 ½) times the employee’s base pay rate. Service less than 4 inches $25 (no surcharge) Service 4 inches or greater $50 (no surcharge) Water Disconnect/Reconnect in Spring $2550 Water Hydrant Deposit $500 Water used from hydrant: $1.451.50/1,000 gallons Meter Deposit, 2- 3": $500 5/8" Meter Deposit: $100 Wrench Deposit: $100 Hose Deposit: $100 per hose Adapters: $100 deposit Water Meter $10090 plus tax Meter Testing (Chapter 906) $50 (Free if meter is faulty) 28 MIU Telephone Remote Reading Device $105 plus tax MXU Radio Remote Reading Device $100 plus tax Water Quality Testing Charge $1.43 per quarter (MNC - per connection) Water Service Line Repair Fee $4.00 per quarter Utility Bill Assessment Search $10 29 VII. The Bridges Green Fee (Weekday) Green Fee (Weekend) Juniors 17 and under Senior 58 and older $15 $16 $3 off $2 off Golf Cars Weekdays before noon Weekdays after noon Weekends and Holidays (Friday noon – Sunday) $12 $14 $14 Pull Carts $2 Range balls One token Two tokens Three tokens $5 (small bucket) $8 (large bucket) $10 (jumbo bucket) Golf instruction 45 minute lesson (Class A Pro) 30 minute lesson (Master Pro) $50 $50 Item No: 10K Meeting Date: November 22, 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: Discussion of the Proposed 2005 Fee Schedule Attached is the proposed Fee Schedule for 2005. This was reviewed by City Council at the November 1, 2004, Work Session, and additional changes were made. Changes to the fee schedule are either underlined (additions) or stricken (deletions). If you are using a hard copy to review the proposed changes you may want to look for the vertical lines in the margin, which indicate changes to the text. Staff has a scheduled a Public Hearing on December 13, 2004, at 7:05pm to adopted the 2005 Mounds View Fee Schedule. The Public Hearing Notice will appear in the next edition of the Mounds View/New Brighton Bulletin. Recommendation: Please review the enclosed proposed 2005 Fee Schedule and advise staff of any other additional changes, if needed. Respectfully submitted, Desaree M. Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 November 8, 2004 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Marty, Quick, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 Monday, November 8, 2004 City Council Agenda. 20 21 Director Ericson added Item 9E to the Consent Agenda, Set a Public Hearing for Monday, 22 November 22, 2004 at 7:10 p.m. to Consider a Conditional Use Permit Request for a Fuel Station 23 at 2280 County Road. I. 24 25 MOTION/SECOND: Marty/Stigney. To Approve the Monday, November 8, 2004 Agenda as 26 amended. 27 28 Ayes –5 Nays – 0 Motion carried. 29 30 5. PUBLIC INPUT 31 32 William Werner, 2765 Sherwood Road, suggested a license fee for the Mermaid because of all of 33 the police calls that are made there. 34 35 Mayor Linke stated that the police department prefers that they are called regarding disturbances. 36 He stated the fees are not set arbitrarily, but are governed by the square footage and what they do 37 in a particular area. 38 39 Al Hall, 5357 St. Steven St., suggested that the golf course could perhaps make extra income in 40 the winter time with cross country skiing or Christmas tree sales. 41 42 John Macusic, 8465 Eastwood Road, stated that now that the billboards are going to be at the 43 golf course, the golf course will be making money. He stated that the Bridges golf course is a 44 Mounds View City Council November 8, 2004 Regular Meeting Page 2 good course and the people that run it do a good job. He stated it would be a mistake to put 1 warehouses out there, and he wanted to see it kept as a golf course. 2 3 6. CITY BUDGET QUESTIONS AND COMMENTS 4 5 None. 6 7 7. SPECIAL ORDER OF BUSINESS 8 9 A. Northwest Youth and Family Services Presentation (Kay Andrews) 10 11 Kay Andrews, Executive Director of Northwest Youth and Family Services, stated that the Penny 12 Pinchers Thrift Store in the Mounds View Square Mall has served residents well for shopping 13 and dropping things off, and it has been a training site for many youth. She stated they have a 14 new program called Northwest Educational and Therapeutic Services, which is a day treatment 15 center for severely compromised children with emotional issues. She stated their budget will go 16 from $2 million to $3.6 million, and their staff has doubled. She showed the Council a calendar 17 they have for sale that includes art work done by the children. 18 19 Jerry Hermodka, Community Service Manager for Northwest Youth and Family Services, stated 20 that NYFS serves over 5,000 clients each year, ranging from 4 to 100 years old. He stated the 21 annual city contract for service in 2004 is $16,697, and this covers service for mental health, 22 youth-run business, and senior chore programs. He stated that the market value of contracted 23 services through September 30th is $59,685. He stated some services are offered free of charge 24 or on a sliding fee scale. He stated the total market value of non-contracted services through 25 September 30th is $80,850, which includes the summer camp, Project Engage, community social 26 work, and Family Community Support Services. 27 28 Council Member Marty stated that according to the breakdown of the nine different cities that get 29 services, Mounds View gets predominantly more than the neighboring cities, so Northwest 30 Youth and Family Services is of more benefit to Mounds View than its sister cities, and it’s a 31 very worthwhile organization. He asked if Northwest Educational and Therapeutic Services is 32 located at Northwest Youth and Family Services. 33 34 Mr. Hermodka stated that it is on the first floor. 35 36 B. Minneapolis Metro North Convention and Visitors Bureau (Bob Musil) 37 38 Bob Musil, Executive Director of the Minneapolis Metro North Convention and Visitors Bureau, 39 stated that beginning in April they had started a series of listening sessions throughout the ten 40 cities, talking to constituents, lodging properties, board members, and everyone involved with the 41 association to find out where they’ve been, where they need to go, and what kind of hurdles they 42 are facing in the upcoming year. He stated they had had a staff retreat to discuss the 2005 plan. 43 He provided the Council with a handout on the 2005 budget and briefly discussed it. He stated 44 that they’ve identified a need to increase spending on the meetings and convention side. 45 Mounds View City Council November 8, 2004 Regular Meeting Page 3 Council Member Stigney asked how much of the operation administration budget of $560,100 1 was for salaries and benefits of the seven staff members. 2 3 Mr. Musil stated it was a little under $400,000. 4 5 C. Resolution 6390, Canvass the 2004 General Election Results 6 7 Council Member Stigney asked if there were any challenges, and Desiree stated that she was not 8 aware of any. 9 10 Mayor Linke read Resolution 6390 aloud. 11 12 MOTION/SECOND. Linke/Gunn. To approve Resolution 6390 as presented. 13 14 Mayor Linke stated there will be a special election in February or March, to be decided after the 15 vacancy is actually declared. 16 17 Ayes -5 Nays -0 Motion carried. 18 19 8. JUST AND CORRECT CLAIMS. 20 21 Council Member Marty asked whether the item for $303.47 on page 3, fourth item down, was for 22 one chair. 23 24 Finance Director Charlie Hanson stated that it was for one chair for the police department, and 25 that chairs less expensive don’t hold up well. 26 27 MOTION/SECOND: Marty/Quick. To waive the reading and approve the Just and Correct 28 Claims as presented. 29 30 Ayes-5 Nays -0 Motion carried 31 32 9. CONSENT AGENDA 33 34 Council Member Marty requested to remove items C and D for brief comments. 35 36 A. Licenses for Approval 37 B. Set a Public Hearing for Monday, November 22, 2004 at 7:05 PM for the 38 Second Reading and Adoption of Ordinance 739, Rezoning Portions of Lots 1 39 and 2, Block 1, Velmeir CVS Addition, Located at 2800 County Road 10. 40 C. Resolution 6387 Approving a Contract Award for the 2005 to 2007 41 Residential Water Service Repair Program. 42 D. Resolution 6388 Approving a Contract Award for the Public Works 43 Department Uniforms. 44 Mounds View City Council November 8, 2004 Regular Meeting Page 4 E. Set a Public Hearing for Monday, November 22, 2004 at 7:10 p.m. to 1 Consider a Conditional Use Permit Request for a Fuel Station at 2280 2 County Road. I. 3 4 MOTION/SECOND: Linke/Stigney. To Approve the Items A, B, and E of the Consent Agenda 5 as presented. 6 7 Ayes – 5 Nays – 0 Motion carried 8 9 C. Resolution 6387, Approving a Contract Award for the 2005 to 2007 10 Residential Water Service Repair Program. 11 12 Council Member Marty stated that the Finance Director had said they took in more than they 13 spent out this year, and this is a two-year contract, so he would like to see this item presented 14 back to the Council in a year, so if they are charging too much, then they could drop that fee 15 some. 16 17 Public Works Director Lee stated that staff is monitoring this program, and they would like to get 18 more than two years of data. He said if it does show a trend, they can make adjustments to it, but 19 they did not want to make adjustments at this time with only one year completed. 20 21 MOTION/SECOND. Marty/Stigney. To waive the reading and Approve Resolution 6387 as 22 presented. 23 24 Ayes-5 Nays-0 Motion carried. 25 26 D. Resolution 6388 Approving a Contract Award for the Public Works 27 Department Uniforms. 28 29 Council Member Marty complimented Tracy of the Public Works Department for saving the city 30 several thousand dollars on this item. 31 32 Public Works Director Lee stated that Tracy had done a good job pulling this together and saving 33 the city money. 34 35 MOTION/SECOND. Marty/Quick. To waive the reading and approve Resolution 6388 as 36 presented. 37 38 Ayes -5 Nays -0 Motion carried. 39 40 10. COUNCIL BUSINESS 41 42 A. 7:05pm Public Hearing Resolution 6375, an Off Sale Liquor License for 43 Network Liquor Store, LLC located at 2345 County Road H2 (transfer of 44 ownership). 45 Mounds View City Council November 8, 2004 Regular Meeting Page 5 Mayor Linke opened the public hearing. 1 2 Council Member Quick asked if the new owners are brought up to speed when they take over a 3 license on the different requirements. 4 5 Desiree stated that they would be coming to see her tomorrow morning, and they would go over 6 the state paperwork at that time. 7 8 Council Member Quick asked if there were any violations for the individual who was 9 relinquishing the license, and Desiree stated that there was nothing listed on paper. 10 11 Mayor Linke closed the public hearing. 12 13 MOTION/SECOND. Gunn/Stigney. To waive the reading and adopt Resolution 6375, adopting 14 Resolution 6375, an Off Sale Liquor License for Network Liquor Store, LLC, located at 2345 15 County Road H2. 16 17 Ayes-5 Nays-0 Motion carried. 18 19 B. 7:10 Public Hearing Resolution 6381 an Off Sale Liquor License for ABC 20 Liquor located at 2840 Highway 10 (transfer of ownership). 21 22 Mayor Linke opened the public hearing. 23 24 Council Member Marty asked if this person was related to the person in the prior license, and 25 Desiree stated that they were not related that she knew of. 26 27 Mayor Linke closed the public hearing. 28 29 MOTION/SECOND. Gunn/Stigney. To waive the reading and adopt Resolution 6381, granting 30 an Off Sale Liquor License for ABC Liquor located at 2840 Highway 10. 31 32 Ayes-5 Nays-0 Motion carried. 33 34 C. Resolution 6391 Consider a Tobacco License for ABC Liquor located at 2840 35 Highway 10 (transfer of ownership). 36 37 MOTION/SECOND. Quick/Marty. To waive the reading and adopt Resolution 6391, granting a 38 Tobacco License for ABC Liquor located at 2840 Highway 10. 39 40 Ayes-5 Nays-0 Motion carried. 41 42 D Introduction and First Reading of Ordinance 753, an Ordinance Establishing 43 a New Chapter 609 of the Mounds View Municipal Code Entitled “Cleanup 44 of Clandestine Drug Labs Sites.” 45 Mounds View City Council November 8, 2004 Regular Meeting Page 6 Director Ericson stated that this item was brought to the Council’s attention at the November 1st 1 work session, and that this ordinance puts into play some regulations and mechanisms by which 2 the city can recover costs incurred in the event of a drug lab cleanup. He stated that although 3 there has not been a problem in Mounds View in this regard, other cities had had problems. He 4 stated that this merges the ordinances from New Brighton and Coon Rapids that would give the 5 city added protection. He stated the ordinance as drafted would allow for cost recovery in the 6 vent that the cleanup extends off site, or if the neighboring property owners are displaced or have 7 to be evacuated. He stated that it is appropriate to go after the property owner if the tenant or 8 guest is causing the problem, because the City Attorney has indicated it’s the most appropriate 9 method to recover costs, and then the property owner would have the right to recover those costs 10 back from the individual who may have rented the facility, or was a guest in a motel, and that is a 11 risk that anybody who has rental property has. 12 13 MOTION/SECOND: Marty/Gunn. To waive the reading and approve the First Reading of 14 Ordinance 753 as presented. 15 16 Ayes –5 Nays – 0 Motion carried 17 18 E. Resolution 6372, Approving Mermaid Request for Reimbursement of Leasehold 19 Improvements. 20 21 City Clerk/Administrator Ulrich stated that lien waivers had been received from OEB for the 22 furniture and office work that was done, and there had been a Waiver of Mechanic’s Lien 23 provided for the carpet work that was done. He stated the final amount is $6,678, and that 24 reimbursement is not legally required, but staff believes it would be a good business practice. 25 26 Mayor Linke asked if that amount was before or after the damage deposit was deducted, and City 27 Clerk/Administrator Ulrich stated that that was after. 28 29 Mayor Linke read the resolution aloud. 30 31 Council Member Stigney asked what Invoices 16855 and 16856 were for. 32 33 Council Member Gunn said they were for walls and panels and connectors. 34 35 MOTION/SECOND. Gunn/Marty. To adopt Resolution 6372, Approving Mermaid Request for 36 Reimbursement of Leasehold Improvements. 37 38 Council Member Stigney stated he would not support this because the Mermaid had cost them a 39 lot of money by bowing out of the lease two months early and taking all the bookings for the next 40 year. He stated it’s costing the city $2,000 a month for the new lease. 41 42 Council Member Quick stated he feels the same way Council Member Stigney does, and that it’s 43 not a legal obligation to reimburse the leasehold improvements. 44 45 Mounds View City Council November 8, 2004 Regular Meeting Page 7 Council Member Marty stated that they did invest $10,000 of their money into fixing up and 1 creating the office space, and they did secure a long-term contract with the North Metro Chamber 2 of Commerce. He stated he felt the ethical thing to do would be to reimburse this money. 3 4 Council Member Stigney stated the ethical thing to do for the Mermaid would have been to finish 5 out the contract to the end of the year and leave some things booked there. 6 7 Mayor Linke stated he felt it was poor public relations for them to leave early, but he wanted to 8 take the high road and say that since they spent this money, they would be reimbursed for it, and 9 he would be supporting this motion. 10 11 Council Member Stigney stated the Mermaid hadn’t been as ethical as they should have been, 12 and so now they don’t have the same contract that they would have had. 13 14 Ayes-3 Nays-2 (Quick and Stigney) Motion carried. 15 16 F. Approving the Hire of Jeramy Hellpap as Police Officer. 17 18 Police Chief Sommer stated the number one candidate on the current eligibility list is Jeramy 19 Hellpap, and that a background investigation, psychological evaluation, physical agility, and 20 physical examination had all been passed successfully. He stated Mr. Hellpap is currently a full-21 time correction officer at Stillwater Prison and a part-time Bayport police officer. He stated that 22 staff recommends that he be appointed at the step one grade pay for that position. 23 24 Mayor Linke asked what that amount was, and Police Chief Sommer stated it was $16 something 25 per hour. 26 27 Council Member Quick asked how many people had tested, and Police Chief Sommer stated that 28 120 candidates tested originally back in February, and the list has a two-year duration. He stated 29 he is currently the number one candidate on the list. 30 31 Council Member Quick asked what his ranking was originally, and Police Chief Sommer stated 32 he wasn’t sure, but he was in the top ten for sure. 33 34 MOTION/SECOND. Marty/Gunn. To approve hiring Jeramy Hellpap as a police officer. 35 36 Council Member Gunn asked if this would fill all the empty spots now, and Police Chief 37 Sommer stated they would be up to full strength after this hiring. 38 39 Council Member Stigney stated that the hourly rate isn’t written into the resolution, and Police 40 Chief Sommer stated they could certainly add step one rate in there. 41 42 MOTION/SECOND. Stigney/Marty. To amend the resolution to add an hourly figure. 43 44 Ayes-5 Nays-0 Motion carried. 45 Mounds View City Council November 8, 2004 Regular Meeting Page 8 Mayor Linke called for a vote on the original motion. 1 2 Ayes-5 Nays-0 Motion carried. 3 4 11. APPROVAL OF MINUTES 5 6 A. October 25, 2004 City Council Minutes 7 8 Council Member Marty stated at page 12, line 43, gas bills should be changed to water bills. 9 He stated at page 13, line 19, it should read, “25 to 30 percent above”. 10 11 Council Member Stigney stated at page 7, line 12, “end” should be changed to “and”. 12 13 MOTION/SECOND. Marty/Stigney. To approve the October 25, 2004 City Council Minutes as 14 amended. 15 16 Ayes-5 Nays-0 Motion carried. 17 18 12. REPORTS 19 20 A. Reports of Mayor and Council. 21 22 Council Member Marty questioned whether they could add some other questions on the ballot for 23 the special election and maybe do a survey, although it wouldn’t be random since it would be of 24 the people who showed up to vote. 25 26 Council Member Quick stated they could certainly ask questions, but it wouldn’t be a random 27 survey. 28 29 Council Member Quick stated he had received a call from a resident who stated she had been told 30 to shut up at a Council meeting, and that Council Member Marty had reviewed the tape of the 31 meeting, and this person was speaking out of turn and interrupting someone at the podium. 32 33 Council Member Marty stated that they had simply said, “Ma,am”. 34 35 Council Member Quick stated that it is being told in the community that the city had a list of 36 properties that they were planning to eliminate, and he asked for clarification regarding the list. 37 38 City Clerk/Administrator Ulrich stated that there is a list of identified properties that are within 39 the tax increment district that could potentially be purchased by the city using tax increment 40 financing monies. He stated the purchase of these properties would occur only if these properties 41 are put up for sale by the owner on the open market, and it’s not a process whereby the city 42 would forcibly remove or evict any property owner or resident from the city. He stated that 43 because of the way tax increment financing works, these properties have to be identified in 44 advance. 45 Mounds View City Council November 8, 2004 Regular Meeting Page 9 1 Mayor Linke stated on December 6th there would be a special Council truth in taxation at 6:00, 2 and a work session at 7:00. He stated on December 13th there would be a City Council meeting 3 for the adoption of the 2004 budget and tax levy. He stated the next meeting would then be on 4 the 27th, and he would like staff to look at that and hold that meeting only if it’s absolutely 5 necessary because that is a short week with the holidays. 6 7 B. Staff 8 9 1. Police Department Quarterly Reporter 10 11 Police Chief Sommer stated during the period there were 134 adults and 20 juveniles arrested, 12 and the police department responded to 2075 calls for service where people called 911. There 13 were 645 administrative offenses for traffic violations. He stated there were 222 cases assigned 14 for further investigation to the two investigators. 15 16 Police Chief Sommer stated that Officer Kirk Leach would be replacing Officer Bob Nelson as 17 the school resource officer at Edgewood School as Officer Nelson elected to go back to patrol. 18 19 Police Chief Sommer stated Crime Prevention Officer Terry Brohs organized and attended all 21 20 National Night Out block parties, helped organize the safety camp held at Lakeside Park on 21 August 10th and 11th, and he also coordinates the Crime Free Multi-Housing projects. 22 23 Police Chief Sommer stated that Mounds View, White Bear Lake, and Ramsey County Sheriffs 24 Department had a grant in 2004 to operate the Safe and Sober Program, where officers are paid 25 overtime to work extra shifts to target traffic offenses. He stated they would not be awarded a 26 grant in 2005, but can apply for one in 2006. 27 28 Police Chief Sommer stated staff from the City of St. Paul Police Department are working with 29 the Mounds View Police Department to implement the complicated computer and 30 communications applications that work together to form an integrated arrangement that allows 31 access to multiple information sources, their own internal records, and other state data bases. 32 33 Police Chief Sommer gave some examples of some of the crimes that had occurred in Mounds 34 View lately 35 36 Council Member Marty stated that it is commendable that traffic enforcement had increased, 37 with traffic violation citations increasing from 288 to over a thousand this year as compared to 38 last. 39 40 2. Citizenship Award Nominations 41 42 City Clerk/Administrator Ulrich stated the next step is to select a candidate to receive the award, 43 and two nominations had been received naming David Jahnke. 44 45 Mounds View City Council November 8, 2004 Regular Meeting Page 10 MOTION/SECOND. Gunn/Marty. Nominating Dave Jahnke for the Citizenship Award. 1 Mayor Linke stated the award would be made at the December 13 th meeting. 2 3 Ayes-5 Nays-0 Motion carried. 4 5 C. City Attorney 6 7 City Clerk/Administrator Ulrich handed out a Memo regarding the City’s contribution to the 8 health savings accounts, to be discussed at the next regular meeting. 9 10 City Clerk/Administrator Ulrich recommended February 1st for the special election to fill the 11 vacant Council seat, and that it met all the requirements of the Charter to have it on that date. He 12 stated it would cost about $8,000. He stated it would be published in the official newspaper on 13 the 17th, filing dates for candidates would be November 18th through December 3rd, and then the 14 special election would be held on the 1st Tuesday in February. He stated if the Council wished to 15 ask questions on the ballot, they would want to delay the election a couple of weeks in order to 16 formulate the questions have those reviewed by the City Attorney. He stated that paper ballots 17 would be used, and the polling place would be at the Community Center. 18 19 Council Member Stigney asked for clarification of the $8,000 figure. 20 21 City Clerk/Administrator Ulrich stated the main costs are legal notices, payment of the election 22 judges, public notices, and the printing of the ballots. 23 24 Mayor Linke asked if they could have a more precise breakdown available at the next meeting. 25 26 MOTION/SECOND. Marty/Gunn. To publish notice of the election November 17th, have filing 27 dates for candidates November 18th through December 3rd, and have the special election on 28 February 1st. 29 30 Ayes-5 Nays-0 Motion carried. 31 32 13. Next Council Meeting: Monday, November 22, 2004, 7:00 p.m. 33 Next Council Work Session Monday, December 6, 2004, 7:00 p.m. 34 35 14. ADJOURNMENT 36 37 Mayor Linke adjourned the meeting at 8:40 p.m. 38 39 Transcribed and recorded by: 40 41 42 Sheree Theobald 43 Timesaver Off Site Secretarial, Inc. 44