HomeMy WebLinkAboutAgenda Packets - 2003/04/28CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, April 28, 2003
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. SPECIAL ORDER OF BUSINESS
7. JUST AND CORRECT CLAIMS
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 5981 Appointing an Alternate Mounds View Representative to the North
Suburban Communications Commission
C. Resolution No. 6000 Approving Agreement for Professional Services for Golf Lessons
with Steve Manthis
D. Resolution No. 5994 Approving a Longevity Step Adjustment for Michael Kampa, Patrol
Officer.
E. Resolution No. 5998 Approving a Step Adjustment for Kirk Leitch, Patrol Officer.
F. Resolution No. 6003 Approving a Cigarette and Tobacco License for View Market, 2410
County Road I.
G. Resolution No. 6006 Authorizing Additional Compensation for Payroll/Utility Billing
Technician Debbie Jasper for Working Outside of Job Classification.
H. Resolution No. 5999 Approval for Camcorder Purchase for Cable Dept.
9. COUNCIL BUSINESS
A. 7:05 PM -- Public Hearing, Introduction and First Reading of Ordinance 711, an
Ordinance Amending the Mounds View Zoning Code Pertaining to Pawnshops
(Open Public Hearing and Continue to May 12, 2003.)
B. 7:10 PM -- Public Hearing and Discussion of Resolution 5997, a Resolution to
Consider an Amendment to the Planned Unit Development Associated with the
Property Located at 2442 County Highway 10
C. Public Works Quarterly Report
D. Finance Quarterly Report
City Council Agenda
April 28, 2003
Page 2
9. COUNCIL BUSINESS cont.
E. Introduction and First Reading of Ordinance 713, an Ordinance Amending Chapter 603
of the Mounds View Municipal Code Pertaining to Garbage and Rubbish
F. Introduction and First Reading of Ordinance 714, an Ordinance Amending Chapter 405
of the Mounds View Municipal Code Pertaining to the Parks and Recreation
Commission
G. Consideration of Resolution 6005, a Resolution Approving a Settlement Agreement with
the Attorney General’s Office Regarding the Office of the State Auditor (OSA) Notice of
Noncompliance
H. Consideration of Resolution 6002, a Resolution Approving a Zero-Lot Line Minor
Subdivision Request for 7656 Silver Lake Road
I. Fire Department Contract Renewal Discussion
10. REPORTS
A. Reports of City Council
B. Reports of Staff
1. Lion’s Bus (Hansen)
2. Legal Services RFP Responses (Ericson)
3. Clarification of council request for traffic data (Sommer)
C. Report of City Attorney
11. APPROVAL OF MINUTES
A. Monday, April 14, 2003, City Council Minutes
12. Next Council Work Session: May 5, 2003
Next Council Meeting: May 12, 2003
13. ADJOURNMENT
Item No.08A
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: April 28, 2003
Please consider the following contractor licenses for approval. All contractor licenses will
expire on December 31, 2003. 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
2002. Those companies renewing their license were licensed, at a minimum, in the year 2002.
The type of license they are applying for follows the company name.
Associated Mechanical – HVAC - New
Dave’s Heating & Air, Inc. – HVAC – Renewal
Nelson Roofing, Inc. – General (Commercial) - New
Staff Recommendation: Approve license applications as requested.
RESOLUTION NO. 5981
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN ALTERNATE CITY REPRESENTATIVE TO THE
NORTH SUBURBAN COMMUNICATIONS COMMISSION (NSCC) ALSO KNOWN AS
THE “CABLE COMMISSION”
WHEREAS, the North Suburban Communications Commission (a/k/a the Cable
Commission) is a Commission of individuals representing the communities of Arden Hills, Falcon
Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St.
Anthony and Shoreview; with each community appointing a single representative to serve on the
Commission; and,
WHEREAS, the Mayor with the approval of the majority of the City Council, appoints one
City representative and one alternate City representative to the Cable Commission; and,
WHEREAS, on February 10, 2003, the City approved the appointment of Ms. Barbara
Haake as the City’s primary representative to the Cable Commission however the Council at
that time did not appoint an alternate City representative.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council do hereby
appoint Margaret Meyer to serve as the alternate City representative to the Cable Commission.
Adopted this 28th day of April, 2003.
_____________________________
Jerry Linke, Mayor
ATTEST:
___________________________
James Ericson
Interim City Administrator
(SEAL)
Item No. 8B
Meeting date: April 28, 2003
Type of Business: Consent
Item 08D
Special Order of Business
Monday, April 28, 2003
RESOLUTION NO. 5994
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A LONGEVITY STEP ADJUSTMENT FOR
MICHAEL KAMPA, PATROL OFFICER
WHEREAS, Michael Kampa is a regular full-time employee who began
working for the City of Mounds View as a full time employee on May 4, 1987, and
WHEREAS, Article 26 of the LELS Labor Agreement allows for a longevity
step increase to nine percent (9%) of the employees base rate after 16 years of
continuous employment, and
WHEREAS, Michael Kampa’s Supervisor determined that Michael Kampa
has satisfactorily performed in the capacity of Patrol Officer.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City
Council does hereby approve a longevity step increase for Patrol Officer Michael
Kampa from 7% to 9% of the employees base rate, effective May 4, 2003.
Adopted this 28th day of April 2003.
________________________________
Jerry Linke, Mayor
ATTEST:
_________________________________
James Ericson, Interim City Administrator
(SEAL)
Item 08E
Special Order of Business
Monday, April 28, 2003
RESOLUTION NO. 5998
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A STEP ADJUSTMENT FOR KIRK LEITCH,
PATROL OFFICER
WHEREAS, Kirk Leitch is a regular full-time employee who began working
for the City of Mounds View as a full time employee on April 7, 2001, and
WHEREAS, Kirk Leitch’s Supervisor has reviewed his performance as it
relates to the responsibilities of Patrol Officer outlined in the job description, and
WHEREAS, Kirk Leitch’s Supervisor determined that Kirk Leitch has
satisfactorily performed in the capacity of Patrol Officer; and
WHEREAS, a wage adjustment from Step Three (80% of top patrol rate)
to Step Four (90% of top patrol rate) is consistent with the LELS Labor
Agreement.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City
Council does hereby approve a wage adjustment for Patrol Officer Kirk Leitch
from Step Three ($3436.34/month) to Step Four ($3865.89/month) effective April
7, 2003.
Adopted this 28th day of April 2003.
________________________________
Jerry Linke, Mayor
ATTEST:
_________________________________
James Ericson, Interim City Administrator
(SEAL)
Item 08F
Consent Agenda
City Council Meeting
Monday, April 28, 2003
RESOLUTION 6003
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A Resolution Approving Business License for
Premium Stop
WHEREAS, all City of Mounds View businesses wishing to operate
certain types of businesses must apply to the City for business licenses; and
WHEREAS, Premium Stop has applied for a Cigarette and Tobacco
license; and
WHEREAS, Premium Market has submitted the proper paperwork and
feess, and
WHEREAS, all City of Mounds View business licenses must be approved
by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby approve a Cigarette and Tobacco license for View Market pending
a satisfactory fire inspection; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the licensing
period shall be from September 1, 2003-August 7, 2004.
Adopted this 28th day of April, 2003
Jerry Linke, Mayor
ATTEST:
James Ericson, Interim City Administrator
(seal)
Item No: 8G
Meeting Date: April 28, 2003
Type of Business: Consent Agenda
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution 6006 Authorizing Additional Compensation
for Payroll/Utility Billing Technician Debbie Jasper for
Working Outside of Job Classification
Since the vacancies in the positions of the City Administrator and the Assistant City
Administrator, other employees have needed to step in and assume certain essential duties.
Several critical human resource duties have been picked up by the Payroll/Utility Billing
Technician, Debbie Jasper. These were considered important enough so that they were
assigned to the Assistant City Administrator in the past. Since there is a connection between
payroll and human resources, the Payroll Technician was asked to temporarily take over
these duties.
Some of these have legal requirements stemming from federal or state laws. Others are
contractual issues dictated by the insurance companies the City does business with. All of
them are required to be processed in a timely manner.
The duties taken over by the payroll/utility billing technician are as follows:
• Processing enrollment of new hires for health, life, and dental insurance.
• Processing changes in health, life, and dental insurance for existing employees.
• Research federal and state websites for income tax forms & requirements for new full-
time and seasonal employees.
• Researching PERA for eligibility of seasonal employees and obtained forms &
requirements for new full-time and eligible seasonal employees.
• Work with unions to determine which new employees are required to be union
members and provide information for their enrollment.
• Reporting new hires to the Minnesota Department of Human Services
• Send worker compensation first report of injury to the League of MN Cities Insurance
Trust (LMCIT)
• Work with LMCIT on workers compensation on lost time cases to get proper credit to
employee sick time banks for time paid by LMCIT.
The Personnel Manual and Resolution 5626 provide for additional compensation to be paid
to employees performing higher classification duties, so long as the duration of the work
exceeds two months and that the employee is assuming 75% or more of the higher
classification duties.
Ms. Jasper had been performing these duties since the first of the year. She will need to
continue until a decision is made regarding how to structure the duties of the position
replacing the Assistant City Administrator and that person is hired. If the decision is to leave
these duties with the Payroll/Utility Billing Technician, then the job description should be
changed and the job re-pointed.
The duties taken over by Ms. Jasper do not represent 75% of the higher classification duties
as called for by the policy. However, due to the legal, contractual, and time critical nature of
the duties, I feel they represent additional responsibilities that justify additional pay.
I recommend that Ms. Jasper be compensated by an additional 5% per the policy
established in Resolution 5626 and that such additional compensation be retroactive to April
1, 2003 and continue until the new City Administrator has had an opportunity to assess the
personnel needs of the administration department and how to fulfill these duties.
_________________________
Charles Hansen
Finance Director
RESOLUTION NO. 6006
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING ADDITIONAL COMPENSATION FOR
PAYROLL/UTILITY BILLING TECHNICIAN DEBBIE JASPER FOR WORKING IN
HIGHER CLASSIFICATION
WHEREAS, Assistant City Administrator Givonna Reed resigned from her
position effective December 31, 2002; and,
WHEREAS, according to the policy adopted in Resolution 5626, an employee
may serve in an interim capacity to meet the needs of the vacant position with the
approval of the City Administrator and the City Council; and,
WHEREAS, Resolution 5626 establishes that additional compensation may be
authorized for employees serving in an interim capacity taking on higher classification
duties; and,
WHEREAS, Ms. Jasper’s performance has been rated satisfactory or higher by
the Finance Director, who recommends Ms. Jasper be compensated for the higher
classification duties she has assumed in the absence of the Assistant City
Administrator.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council
does hereby authorize additional compensation to Payroll/Utility Billing Technician
Debbie Jasper at a rate of five percent (5%) of her base rate of pay retroactive to April
1, 2003.
Adopted this 28th day of April, 2003.
________________________________
Jerry Linke, Mayor
ATTEST
________________________________
James Ericson, Interim City Administrator
(SEAL)
Item No. 08H
Type of Business: Consent
Meeting Date: April 28, 2003
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kenneth Gammell, Television Production
Coordinator
Item Title/Subject: Camcorder Purchase
Introduction:
This report provides details for the proposed purchase of a camcorder for cable production.
The Capital Equipment fund (Account# 210 – 4350 – 7030) for 2003 is $10,000. For at least
two years, research has been done to find the most suitable piece of equipment, based on
price and features.
Discussion:
1. Background
After an extensive inventory and review of current equipment and future equipment needs,
the cable budget has enough to comfortably support the purchase of a low-end professional
camcorder. The most recent camcorder purchased was a Panasonic AG -456 SVHS
Camcorder in 1997. Currently the camcorder has no power cable and it cannot be
determined at this time whether it works, but indications are that it does not. Nevertheless,
this camcorder has already become outdated, and the features are not considered
professional quality.
The City of Mounds View should have a working camcorder available on the premises for
any videotaping needs. This includes the Police department, whose own camcorder is too
old to be reliable. There are numerous local events of public int erest in which the Cable
department normally videotapes. The Cable Committee currently is organizing several
programs, which are mentioned in more detail on the Cable Update Memo.
2. Digital Video
In the past five years, digital video has become the standard format for recording and playing
back video. Digital video offers higher quality image and sound, while taking up less space.
During this time, the North Suburban Communications Commission, most commonly known
as CTV, has replaced nearly all of their equipment with digital video. The City of Mounds
View has also been steadily updating their equipment to digital video, using the DVCAM
format. The proposed purchase of a new camcorder would use the DVCAM or Mini -DV
format, and is completely compatible with all digital equipment used at Mounds View and
CTV.
3. Camcorder Options:
In recent years, digital camcorders have become much cheaper, and have more features.
After attending a trade show last year, and consulting with producers and enginee rs, along
with my own experience with camcorders, I found these three models to be the best choices:
Camcorder Option #1
Sony DSR-250
DVCAM Format
1/3” 3 CCD
12x Zoom Lens with Steady Shot
3 XLR audio inputs
iLink (DV) interface for digital capture
LANC interface for remote control use
Package:
VCTU-14 Tripod Adaptor, 2 BP-L40A Batteries
BCM-50 Battery Charger
LC-300SZ Soft Case, ECM-NV1 Microphone.
Additional equipment not in package: IA-60 60 Watt Power Supply
This camcorder is the only one of the three that is the DVCAM format. This is a more
professional and reliable format than Mini-DV. The package includes batteries and charger
but not a power supply. The 3 1/3 inch CCD pickups indicate the quality of the video picture.
Most non-professional camcorders have only 1 CCD. XLR Audio inputs are the professional
type for using microphones. Non-professional camcorders either have no audio inputs or
are RCA type. ILink, also known as IEEE 1394, is the digital cable that transfers high quality
video and audio to a computer or other digital tape deck. In the past, linear video and audio
connections were only available, which is inferior quality. LANC interface is used for remote
control. The package features everything needed for normal use, except the power supply.
The power supply would be desirable in cases where a longer shoot might drain the
batteries.
Camcorder Option #2
JVC GY-DV500U,
Mini-DV Format
½ “ 3 CCD
2 XLR Audio inputs
IEEE 1394 (DV) interface for capture
RS-232C interface for remote control use
Tripod Adaptor, Microphone
Package:
S14X7.3B12U Fujinon 14:1 lens
VF-P115BU 1.5-inch viewfinder
AB-PRODV battery system, CB-50U shipping case
The JVC has a higher quality CCD pickup. The XLR inpu ts and DV interface are similar
to the other packages.
Camcorder Option #3
Canon XL-1S
Mini-DV Format
1/3” 3 CCD
Microphone
IEEE 1394 (DV) interface for capture
Package:
16x Zoom Lens
BP-930 Battery Pack
CA-910 Compact Power Adapter
DC-900 DC Coupler
MA-100 Microphone Adapter
Additional equipment not in package:
MA-100 Microphone Adapter
The Canon is a lightweight design that has a different feel and look to a
standard professional camcorder. Its features are slightly less
professional than the other camcorders. The most important feature
missing is the XLR microphone adaptor.
4. Quotes and Preferences
The best camera choice based on price and features is the Sony DSR250 package. This is
based on experience with their quality cameras, and the items included in the package,
except for the power supply. The following quotes are separated into local vendors and
Internet vendors. The Internet vendors have been researched to determine their reliability.
This includes checking the “Star” ratings systems, as well as reviewing past customer
feedback. I have included the results of the research along with the quotes from the Internet
vendors.
Sony DSR250ENGN1 Package (List price $6,600)
(Local Vendors)
EPA $5,247.00
ALPHA $5,269.00
AVI $5,824.00
(Internet Vendors)
B&H $4,979.95 (+ $75.05 Shipping) = $5055.00 Total
High rating, we have done
business with this company in
the past.
ECOST $5,250.00
1 star rating – Customers
complain No Money Back
Guarantee.
PcMall $5,299.95
1 star rating – Customers
receive wrong items, poor
customer service.
Optional Power Supply (Alpha) $237.00
The second best option is the JVC GY-DV500U. The list price is considerably more than the
Sony camcorder package list price, and quotes for the JVC package are more than the Sony
package.
JVC DV500-ENGP2 Package (List price $7,850)
EPA $6,184.00
ALPHA $6,266.00
AVI $6,863.00
B&H $5,699.95
The third best option is the Canon XL -1S. The features are less professional than the other
models, and the package does not include some important options. Also, the Mini -DV format
is less reliable than the DVCAM format.
Canon XL1-S Package (List price $4,699)
EPA $3,697.00
ALPHA $3,723.00
AVI $4,174.00 (includes MA-100)
B&H $3,549.95
Optional Accessories
MA-100 Microphone Adapter (J&R) $179.88
ALPHA $160.00
Additional Battery Pack –
Power 2000 BP-945 Battery Pack (B&H) $89.95
5. Summary
The City of Mounds View currently does not have a usable camcorder for its videotaping
needs. With spring and summer arriving, there are many events upcoming that will be
videotaped. There may be situations where a camcorder may be needed over several
consecutive days. Such a situation makes it impractical to continue using the camcorders
from CTV, since about an hour of staff time is involved in every checkout and return. Also,
CTV camcorders will also be in high demand during spring and summer, limiting their
availability. Having our own camcorder will give us the ability to shoot at anytime on a
moment’s notice.
Recommendation: Staff recommends the local purchase of the Sony DSR250 Camcorder
Package from ALPHA for $5,611.49 plus expenditure on related accessories not to exceed
a sum total of $6,000.00
Respectfully Submitted,
Kenneth Gammell
RESOLUTION 5999
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE PURCHASE
OF A CAMCORDER FOR THE CABLE DEPARTMENT
WHEREAS, the City does not have working camcorder; and,
WHEREAS, staff recommends that the City own a camcorder for it’s videotaping
needs; and,
WHEREAS, sufficient funds in the Cable capital equipment account have been
budgeted and are available for such a purchase.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby approve the purchase of a new camcorder for the Cable Department in an amount
not to exceed $6,000.00.
Adopted this 28th day of April, 2003.
Jerry Linke, Mayor
ATTEST:
Jim Ericson, City Administrator
(SEAL)
Item No: 09A
Meeting Date: April 28, 2003
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Acting City Administrator
Item Title/Subject: Pawnshop Ordinances Public Hearing
Introduction:
The Planning Commission is nearing the end of their task to draft ordinances relating to the
zoning and regulation of Pawnshops in Mounds View.
Discussion:
Because it appeared as though the Planning Commission was going to complete their task at
their last meeting, staff set and published a public hearing notice for the ordinances, the
public hearing for which would have been today. Staff often sets public hearing notices in
advance of Planning Commission approval due to the length of time needed for publication
and the typical time limitations in planning cases.
The Planning Commission is anticipated to take action on the ordinances at their May 7,
2003 meeting. Accordingly, the Public Hearing will need to be delayed until the first
Council meeting after May 7, 2003, which is May 12, 2003.
No attachments have been included with this report. (All of you do however have the
Planning Commission materials which include the latest versions of the ordinances.)
Recommendation:
Staff recommends that the Council open the Public Hearing that had been advertised to
consider the Pawnshop ordinances and immediately continue the public hearing until
May 12, 2003.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Item No: 09B
Meeting Date: April 28, 2003
Type of Business: PH & CB
City of Mounds View Staff Report
To: Mounds View City Council
From: James Ericson, Interim City Administrator
Item Title/Subject: Public Hearing and Consideration of Resolution 5997, a
Resolution Regarding a Proposed PUD Amendment for
the Property Located at 2442 County Highway 10
Introduction:
On May 11, 1998, the Mounds View City Council approved Resolution 5226, a resolution
approving a Planned Unit Development (PUD) agreement for a theater development on a
parcel bounded by County Road H2 to the south, Long Lake Road to the west and Highway
10 (now County Highway 10) to the north. The PUD agreement established uses for the
parcels within the site which were as follows:
Multi-screen movie theater
Office uses
Parking
Restaurants
Retail
The PUD agreement was specific as to which uses would be located on which lots. Since its
approval, four of the seven parcels have been developed: The theater, the parking lot (which
is its own lot since it is separated form the theater by Edgewood Drive right of way) and an
office building. Recently, Jake’s of Mounds View entered into a purchase agreement with
the developer to improve the second of the three office lots for add itional parking to serve
Jake’s. (The remaining office parcel is also being considered for additional parking by
Carmike Cinemas.) The only two remaining undeveloped lots then are identified by the
developer as Outparcel “A” and Outparcel “B”. Outparcel B is the undeveloped lot next to
the theater which was planned for use as a restaurant or retail, or a combination of the both.
Outparcel A, the parcel within the PUD currently being considered for amendment, was
originally established for a restaurant use. Since the theater opened, the developer’s
representatives have marketed the site to potential restaurateurs and franchise groups,
however they have not succeeded in securing an appropriate restaurant tenant, which has
prompted them to consider alternative uses for the parcel. In addition to the restaurant use,
the developer would like to add “office” as a permitted use for the parcel.
Discussion:
An amendment to a Planned Unit Developments is processed as would an amendment to an
approved Conditional Use Permit, which is to say that the procedural requirements of
Section 1125 of the Zoning Code would be followed. Section 1125 requires that the City
review the request, taking into consideration any and all potential adverse effects of the
proposed amendment.
PUD Amendment Report
April 28, 2003
Page 2
Property Tax Consequences. Staff has reviewed the proposed amendment from a property
tax standpoint. While there are innumerable factors that play into a building’s assessed
valuation, a large component of the equation is the overall building area. The more building
area, the greater the building value and, the greater the tax capacity. The draft site plan
indicates a 15,000 square foot office building, nearly twice the size of the original restaurant
footprint. Staff has asked the commercial appraiser from Ramsey County to comment on the
potential tax implications of the proposed amendment and will report on this issue verbally at
the Council meeting.
Potential Adverse Effects: Chapter 1125 articulates the potential adverse effects that can and
should be addressed in the course of considering such an amendment. They are as follows:
1. Relationship to Municipal Comprehensive Plan. Mounds View’s adopted Comprehensive
Plan identifies the Theater PUD site as a Regional Commercial PUD. All of the identified and
approved uses within with the PUD would fall into this future land use designation. The
proposed office use on the corner of Long Lake Road and County Highway would be just as
consistent with the Comp Plan as would the PUD approved restaurant use.
2. The geographical area involved. The site is a triangular lot located on County Highway 10,
the City’s primary and most prominent commercial corridor. The parcel is a corner lot bounded
to the west by Long Lake Road, a higher volume traffic arterial. A wetland and woods
separates the site from the other parcels associated with the Theater PUD. Rice Creek
Watershed District approved the development and stormwater ponds were constructed to
handle full site build out.
3. Neighborhood Impact. As mentioned earlier in this report, the original planned use for this
particular parcel was a restaurant. A restaurant however would generate more traffic and
would have a greater demand for parking than would an office use. While there’s no denial
that a restaurant would be preferred, an office use would have less impact to the neighborhood
and would be less likely to generate later evening disturbances.
4. The character of the surrounding area. As indicated above, the parcel is separated from
the other Theater PUD parcels by the intervening woods and wetlands. Across the street to
west is Wildwood Manor, a 40-unit multi-family senior residential complex. Beyond Wildwood
Manor is the Silver Lake Woods Townhomes. North of the parcel, across County Highway 10,
higher density commercial has been developed. Thus, the proposed office building would not
be out of place and may even have less of an impact to the neighbors closest to the parcel,
Wildwood Manor.
5. The demonstrated need for such use. Residents continually comment that it would be nice
to have another sit-down type of restaurant in the City. (There are many restaurant options in
Mounds View, however most are of the “Fast food” variety.) The other most wanted uses
residents tend to identify are grocery, hardware and medical. It is my understanding that the
proposed office building on Outparcel A would be marketed to medical practitioners. Only one
such use exists in the City currently—Silverview Chiropractic in Silverview Plaza. A specialized
office development on this site could fill a niche not currently met in the City.
PUD Amendment Report
April 28, 2003
Page 3
Planning Commission Action:
Based upon its review of the adverse effects and analysis to determine consistency with the
Comprehensive Plan, the Planning Commission prepared a “Finding of Fact” and
recommended that the proposed PUD amendment be approved. Their resolution, Resolution
725-03, is attached for the Council’s review.
Summary:
Based upon the above review of potential adverse effects, it app ears that there is sufficient
basis to accept an amendment to the Theater PUD to allow for an office use on Outparcel A
as an acceptable alternative to a restaurant.
Recommendation:
Hold the public hearing and discuss the proposed PUD amendment and con sider any
additional potential adverse effects associated with the amendment. If the City Council
concurs with the Planning Commission’s recommendation, Resolution 5997 is available for
your action this evening. If the Council would like to postpone cons ideration of this matter
pending receipt of additional information, a tabling action would be in order. If the Council is
opposed to the amendment request, direction would be needed to draft a resolution denying
the request.
_____________________________________
James Ericson
Interim City Administrator
Attachments:
1. Development Application
2. Zoning Map
3. Proposed Site Plan
4. Resolution 725-03
Zoning Map
LIBRARY
COMMUNITY
CENTER
WALGREENS
THEATER
JAKE’S
PARKING
LOT
A
B
OUT
PARCELS
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION 725-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE
THEATER PUD AGREEMENT BY ADDING “OFFICE” AS AN ALLOWED USE ON
LOT 1, BLOCK 2, ANTHONY PROPERTIES ADDITION;
MOUNDS VIEW PLANNING CASE PA03-001
WHEREAS, the Mounds View City Council approved the Theater Planned Unit
Development (PUD) Agreement on May 11, 1998; and,
WHEREAS, the approved uses for the Theater PUD included a theater, three office
buildings, restaurants and retail uses; and,
WHEREAS, the lot located at 2442 County Highway 10, legally described as Lot 1,
Block 2; Anthony Properties Addition, was approved by the Council for a Restaurant use;
and,
WHEREAS, having been unable to develop the property with a restaurant, the
developer wishes to amend the PUD Agreement by adding “office” as an allowed use for
the site; and,
WHEREAS, the Planning Commission has reviewed this request and has examined
the potential adverse effects that could result from such an amendment.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission makes the following finding of fact related to this request:
1. The lot in question, 2442 County Highway 10, described by the developer as
Outparcel “A,” is zoned Planned Unit Development (PUD) and the only allowed use
for the site is a restaurant.
2. The lot in question remains vacant and as such the developer has requested an
amendment to the PUD to allow for an office building to be constructed on the site.
3. The Future Land Use Map from the City’s Comprehensive Plan designates this area
as a Regional Commercial Planned Unit Development which is consistent with the
zoning of the site.
4. 2442 County Highway 10 is within the City’s primary commercial corridor and as
such either a restaurant or an office building would be a fitting developmen t.
PUD Amendment Report
April 28, 2003
Page 6
5. The property is a corner lot, bordered to the north by County Road 10 and to the
west by Long Lake Road. To the south is a wooded wetland. The nearest
“improvement” is the 40-unit Wildwood Manor multi-family residential development
across Long Lake Road. The construction of an office building would have no
depreciatory affects upon this area.
6. The original intent of the PUD would be preserved in that the same architectural
requirements and development standards would prevail for this lot, regardles s of
whether developed as a restaurant or office building.
7. The developer has indicated that the office concept would fill a niche not currently
present or available in the community.
8. The improvement of an office building on this lot would have potential ly less of an
impact to the multi-family development across the street on Long Lake Road than
would a restaurant.
9. There do not appear to be any adverse effects associated with this proposed
amendment.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based
upon the above finding of fact, does hereby recommend that the Theater Planned Unit
Development (PUD) be amended such that the use “Office” be added to those uses
expressly permitted on Lot 1, Block 2, Anthony Properties Addition.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution and the two draft ordinances to the City Council prior to
approval of the minutes.
Adopted this 16th day of April, 2003.
_____________________________________
Gary Stevenson, Chairperson
ATTEST:
_____________________________________
James Ericson
Interim City Administrator
(SEAL)
Site Plan
RESOLUTION 5997
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN AMENDMENT TO THE THEATER PUD
AGREEMENT BY ADDING “OFFICE” AS AN ALLOWED USE ON LOT 1, BLOCK 2,
ANTHONY PROPERTIES ADDITION;
MOUNDS VIEW PLANNING CASE PA03-001
WHEREAS, the Mounds View City Council approved the Theater Planned Unit
Development (PUD) Agreement on May 11, 1998; and,
WHEREAS, the approved uses for the Theater PUD included a theater, office
buildings, parking, restaurants and retail uses; and,
WHEREAS, the lot located at 2442 County Highway 10, legally described as Lot 1,
Block 2; Anthony Properties Addition, was approved by the Council for a Restaurant use;
and,
WHEREAS, having been unable to develop the property with a restaurant, the
developer wishes to amend the PUD Agreement by adding “offic e” as an allowed use for
the site; and,
WHEREAS, the Mounds View City Council has reviewed this request and has
examined the potential adverse effects that could result from such an amendment.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following finding of fact related to this request:
1. The lot in question, 2442 County Highway 10, described by the developer as
Outparcel “A,” is zoned Planned Unit Development (PUD) and the only allowed use
for the site is a restaurant.
2. The lot in question remains vacant and as such the developer has requested an
amendment to the PUD to allow for an office building to be constructed on the site.
3. The Future Land Use Map from the City’s Comprehensive Plan designates this area
as a Regional Commercial Planned Unit Development which is consistent with the
zoning of the site and the proposed amendment.
4. 2442 County Highway 10 is within the City’s primary commercial corridor and as
such either a restaurant or an office building would be a fitting d evelopment.
Resolution 5997
Page 2
5. The property is a corner lot, bordered to the north by County Road 10 and to the
west by Long Lake Road. To the south is a wooded wetland. The nearest
“improvement” is the 40-unit Wildwood Manor multi-family residential development
across Long Lake Road. The construction of an office building would have no
depreciatory affects upon this area.
6. The original intent of the PUD would be preserved in that the same architectural
requirements and development standards wou ld prevail for this lot, regardless of
whether developed as a restaurant or office building.
7. The developer has indicated that the office concept would fill a niche not currently
present or available in the community.
8. The improvement of an office building on this lot would have potentially less of an
impact to the multi-family development across the street on Long Lake Road than
would a restaurant.
9. There do not appear to be any adverse effects associated with this proposed
amendment.
10. The Planning Commission has recommended approval of the requested PUD
amendment at their meeting on April 16, 2003.
BE IT FINALLY RESOLVED, based upon the above finding of fact, the Mounds
View City Council approves the requested amendment to the Theater PUD Agreement by
adding “Office” as an allowed use on Lot 1, Block 2, Anthony Properties Addition
Adopted this 28th day of April, 2003.
_____________________________________
Jerry Linke, Mayor
ATTEST:
_____________________________________
James Ericson, Interim City Administrator
(SEAL)
Item No. 9C
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Public Works Department Quarterly Report
Meeting Date: April 28, 2003
CITY OF MOUNDS VIEW
PUBLIC WORKS DEPARTMENT
QUARTERLY REPORT
APRIL 28, 2003
Presented to:
THE MOUNDS VIEW CITY COUNCIL
Mayor Jerry Linke
City Council Member Sherry Gunn
City Council Member Rob Marty
City Council Member Gary Quick
City Council Member Roger Stigney
Compiled by:
THE MOUND VIEW PUBLIC WORKS EMPLOYEES
Steve Danzenski Greg Lee
Tim Fredberg Marla Manypenny
Bill Hanggi Bruce Meehan
Jim Hess Tim Pittman
John Hughes Mike Schnur
Tracy Juell Pete Szurek
Gary Kardell Jeff Wienke
In accordance with and as prescribed by Chapter 6, Section 6.02, Subdivision 3
of the Mounds View City Charter, the Public Works Department respectfully
submits to the City Council for their review the following Quarterly Report.
Respectfully Submitted,
Greg Lee, Director of Public Works
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PROJECT UPDATES
2003 STREET IMPROVEMENT PROJECT
On October 21, 2002 the City Council authorized the preparation of a preliminary engineering
report to determine the need for repairs, scope of work, estimated costs, and feasibility of
conducting a street improvement project. The street segments being evaluated and considered
for this project are identified as those that are north of County Road H2 and southwest of County
Road 10. Except for those street segments that have been recently upgraded or are County
Roads, including Pleasant View Drive, Spring Lake Road, Silver Lake Road, Long Lake Road,
and Country Road I).
On February 10, 2003, at a City Council meeting, Staff presented three general issues that will
need to be addressed as part of this project:
Assessment Policy
A. We should treat all properties fairly.
Staff recommended that Council consider an assessment policy that assigns a portion of the
project cost equally to all similar benefited properties.
B. We should apply maintenance strategies at the proper time and to the proper streets so as to
minimize the overall cost to the City and increase the overall benefit to the residents.
Staff recommended that Council consider an assessment policy that assigns amounts to be
assessed based on the total project cost and NOT on a fixed amount.
C. We should develop a street program that is supported by the public and can be supported
financially by the City.
Staff recommended that Council consider an assessment policy that assigns a percentage of the
total project cost to the benefited property. The percentage will need to be determined at a future
date.
Attached, as Exhibit A, is a draft roadway major maintenance financing policy. This policy can be
used to foster discussion on developing an assessment policy.
Street Standards
Width of Street
Staff recommended that Council consider a street width standard of 28 feet wide measured face
of curb to face of curb for the 2003 Street Improvement Project. This is the average width of the
existing streets which are being considered for the project.
Street Guttering System- concrete curb and gutter versus bituminous curb.
This will be presented and discussed as part of preliminary feasibility study.
Storm Water Introduction into the Sanitary Sewer System
Staff recommended that Council consider an addition to the City’s Ordinance -Section 907.06 of
the City Code. The changes would implement a program to have all City properties inspected to
confirm that there is no unlawful discharge into the sewer system.
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The street project will proceed independent of the proposed storm water discharge elimination
program.
The draft feasibility report for the 2003 Street Improvement Project will be submitted to the City
the week of May 5th. Staff will review it and tentatively schedule it for discussion at the May 12th
City Council Meeting. With the report nearing completion, Staff will be developing a proposed
schedule for this project. The next step in the project will be to conduct a neighborhood meeting
to present the draft report to the residents and solicit their input and comments. Other entities,
such as the Watershed District, will also be consulted prior to finalizing the report and submitting
it for approval.
SILVER LAKE WOODS CONDOMINIUMS – DEDICATION OF PRIVATE STREETS
On May 6, 2002 the issues of dedication of private streets was discussed at a City Council Work
Session. The City Council seemed to somewhat agree on the proposed policy: however no action
was taken. On July 11, 2002, Staff met with Cliff Ash and Mike Berke of the Silver Lake Woods
Homeowners Association, outlining the requirements the City would be looking for in order to
dedicate their streets to the City.
The City received a proposed draft agreement for Public Dedication of Streets and Utilities,
drafted by J. Patrick Brinkman of the law firm Felhaber, Larson, Fenlon, & Vogt dated, December
2, 2002. A copy was also forwarded into City’s legal counsel, Scott Riggs.
A letter was sent to Cliff Ash and Mike Berke on April 21, 2003, informing them that the City’s
engineering consultant is developing a feasibility report for upgrading the streets and storm water
structures in the Silver Lake Woods Condominium Area and that a draft of this report is expected
to be completed and submitted to the City by the first week in May. Staff also informed Mr. Ash
and Mr. Berke that when the City receives the draft report, a copy will be forwarded to them for
their review.
Also, Staff offered to meet with the Homeowners Association to discuss any issues once the draft
report is completed. Staff also reminded Mr. Ash and Mr. Berke that the last time this topic was
discussed with the Council was at the Work Session on May 6, 2002, and suggested that this
issue should be presented to City Council in the near future for discussion and actions.
H2 STREET MAJOR MAINTENANCE PROJECT
Construction of the County Road H2 Street Major Maintenance Project will be completed in mid to
late summer of 2003. The remaining work includes:
Power poles to be moved – There are several power poles that will need to be relocated on the
north side of County Road H2 to allow for the installation of the bituminous pathway. Staff will be
meeting with Xcel Energy to develop a schedule for relocating the poles. Staff will also be
discussing the financial responsibility of relocating the poles with Xcel Energy. Xcel Energy
contends that the written agreement they had with the County before the road was turned back to
the City stated that Xcel Energy would be financially responsible for moving the poles only in the
event of a roadway expansion – not the addition of a pathway. City legal counsel may be required
to assist Staff on this issue.
Infiltration basins to be constructed – As part of obtaining a permit from the Rice Creek
Watershed District, the plans were revised to include several small infiltration basins. These are
small depressions at selected locations in the boulevard. In addition to these basins, the plan also
includes two larger infiltration areas to be located under the pathway. The Watershed District
wants to install two different infiltration systems: one that will be simply composed of perforated
corrugated drain tile; the other is an infiltration device that looks like several corrugated pipes cut
in half and placed over a layer of small stones with the “U” shape down to promote storm water
4
infiltration. The goal of these devices will be to take a portion of the storm water from the street
and divert it to these structures to infiltrate the storm water into the ground. The Watershed
District has agreed to pay for 75% of the cost of adding these items. The Watershed District will
also be inspecting these devices periodically for the next several years to document their
effectiveness. This issue will be presented to the City Council as a Change Order to the project.
Concrete pedestrian pads – Concrete pads will be constructed as part of the County Road H2
project. These will be located at the bus stops and shelters. They will provide a safe location for
pedestrians to stand and wait for the bus.
Trail Construction – An 8’ wide bituminous pathway will be constructed on the north side of
County Road H2, approximately four feet behind the curb. The power poles need to be relocated
and the infiltration basin installed prior to the installation of the pathway.
Easements - Two permanent pathway easements are needed from Jake’s Sports Café. This
requirement was included in their developer’s agreement.
Mail Boxes – As per Ordinance 202.09 Subd. 2j, mailboxes should be grouped on posts provided
by the City in numbers logical to the spacing required. This practice will ensure the proper
placement of mailboxes, reduce potential roadside hazards, and generally clean up the edge of
the street. However, Staff was told by the post office that the City does not have the authority to
relocate mailboxes. For this reason the mailboxes were re-installed at their original locations.
Staff is continuing to look into this issue. Given the narrowed road width, higher speeds, and
larger volume of traffic, there may not be justification from a public safety standpoint to group
mailboxes along this roadway segment.
Boulevard restoration – This will include sodding in most areas and seeding in a few minor areas.
Tree Replacement – Significant trees that were removed as part of this project will be replaced.
The City forester will oversee the tree replacement plan, recommending species, size, and
locations for replanting.
Wear Course – Any location on the roadway surface that shows failure due to subgrade
problems will be removed, the subgrade corrected, and the area patched. After all substantial
construction has been completed and all subgrade corrections made, the final wear course of
bituminous will be installed.
Pavement Striping – Shortly after the wear course is installed, the pavement will be striped.
Assessments - Following the completion of this project later this year, the City will hold an
assessment hearing. An informational letter will be developed to address most of the commonly
asked questions residents may have pertaining to the assessment process. This letter will contain
information on:
* Date of the assessment hearing
* The necessity of paying assessments within 30 days of the hearing to avoid interest
charges
* Method of appealing assessments
* Payment period for the assessments (spread over how many years)
* Interest Rate
* Senior deferral (if Mounds View has this option, which is allowed by State Statute)
* Date this will this show on their taxes
* Tax- deductibility
*Possibility of payable interest for the remainder of that year, even if the balance is paid
off early
* Other issues
5
Public Works will be working with the Finance Department to address these aspects of the
project. However, there may be items that require the Council’s direction (i.e. What interest rate to
charge? Should the City offer a senior deferral option? If so, what will it be? etc. These may be
policy questions that Staff will need to bring before the Council for review, discussion, and
approval.
CITY HALL REHABILITATION PROJECT
On January 27, 2003, the City Council approved Resolution No. 5935 authorizing the preparation
of a Preliminary Feasibility Report for this project. The report will consist of two main components:
Space Needs Assessment and Physical Needs Assessment.
Staff met with representatives of the City’s engineering firm of Short, Elliott, Hendrickson, Inc.
(SEH) to discuss the space needs on March 20,2003. A physical needs assessment was
performed on Thursday, April 24, 2003.
Upon completion of a draft report, Staff will bring this issue to the Council for discussion of the
results and action the City Council may wish to take.
COUNTY ROAD H PATHWAY – FROM EDGEWOOD DRIVE TO THE WEST CITY LIMITS
On January 27, 2003, the City Council approved Resolution No. 5936 authorizing the preparation
of a Preliminary Feasibility Report for this project. The report has been completed and will be
submitted to the City Council at the May 5th Council Work Session.
The right-of-way along this segment of County Road H is limited and the boulevard is littered with
obstructions. For this reason, on October 7, 2002, Staff presented to the Council three pathway
cross sections that were considered:
Scenario 1 – Five (5) foot concrete walkway
Scenario 2 – Six and one-half (6 ½) foot concrete walkway
Scenario 3 – Eight (8) foot bituminous pathway
Should the Council wish to proceed with this project, Staff will conduct a neighborhood meeting in
an effort to solicit public input. This data would then be presented to the City Council. Issues such
as where the project should terminate, the width, type of material to be used, and properties to be
assessed, if any, for this project can be determined by Council prior to or following the
neighborhood meeting. Once the feasibility report and plans and specifications have been
approved, the next step is to order the project.
PATHWAY PROJECT – ADDITIONAL SEGMENTS FOR CONSIDERATION
The City’s Pathway Plan was discussed at the February 3, 2003 City Council Work Session. In
addition to the pathway along County Road H from Edgewood Drive to the west City limits, the
City Council identified four pathway segments they would consider to be a priority. These were:
• Along the north side of County Road H2 - from County Road 10 to Program Avenue.
• Along the east side of Edgewood Drive - from County Road H2 to Edgewood Middle
School.
• Along the north side of County Road 10 - adjacent to the wetland area located just
southeast of Walgreen’s store.
• Along the south side of County Road 10 – from Woodale Drive to the south connecting
into the existing trail.
Staff met with representatives of the City’s engineering firm of Short, Elliott, Hendrickson, Inc.
(SEH) and requested that they submit a supplemental letter of agreement to perform a
6
preliminary survey, data collection, feasibility report, and preliminary design and plan preparation.
This will be presented to the City Council for their consideration at a future meeting.
EDGEWOOD JR. HIGH REGIONAL POND
On January 27, 2003, City Council approved Resolution No. 5934 accepting the project and
approving final payment.
The original contract amount was $414,230.05. The final contract cost was $375,459.64 and the
final payment amount was $18,772.98.
The DTED Grant that was originally set at $333,333.00 has funded the majority of this project. At
this time, this grant fund has been fully utilized – “zeroed out”. However, the City has entered into
a cost share agreement with the Rice Creek Watershed District to provide additional funds for this
project. This agreement requires that the Rice Creek Watershed District contribute 37.5% of the
project cost up to a maximum of $49,000.00. The remaining amount will be reimbursed to the City
by the Watershed District. Staff is working with the Watershed District to collect the reimbursable
funds.
WATER TOWER REHABILITATION
The City hired an engineering firm to perform an evaluation of the City’s water tower and provide
a report regarding its condition. This report indicated that the water tower was in generally good
condition. However, some maintenance items were recommended. These included: interior
structural changes, interior wet coating (partial replacement as recommended, including surface
preparation and coating application), interior dry coating (spot surface preparation, as
recommended, and paint application), and exterior coating system (complete power wash spot
surface preparation, as prescribed, and touch-up paint application).
On March 10, 2003 Staff presented a supplemental letter of agreement from the engineering firm
of Short, Elliot, Hendrickson Inc. (SEH) to provide contract and inspection services. The City
Council expressed displeasure with the cost-estimating work performed by SEH and introducing a
supplemental of a letter of agreement at this point in the project’s time schedule. Council directed
Staff to meet with representatives of SEH to discuss this matter. SEH has drafted a letter
discussing these issues and will be submitting it to Staff for distribution to the City Council. The
actual work on the tower is scheduled for October of this year.
WELL NUMBER 4 REHABILITATION
Well Number 4 has been out of service since 1992, due to water quality issues. It is located at the
southeast corner of Edgewood Drive and Hillview Road. The cost and issues of making it
operational are being studied by the engineering firm of Short, Elliot, Hendrickson Inc. (SEH). A
water quality analysis of the water contained within the aquifer from which Well Number 4 pumps
was performed. The tests indicated, that most contaminants can be effectively treated at
Treatment plant No. 1.
Staff will be meeting with representatives of SEH the week of May 5th to discuss any remaining
issues. The feasibility report will be submitted by mid May.
7
TRAFFIC COUNTS
Every other year the City of Mounds View is required by the Minnesota Department of
Transportation to conduct Traffic Counts at specified locations. In 2003 the City will be conducting
traffic counts at a minimum of 36 locations throughout the City.
SPRING LAKE – INTRODUCTION OF WATER
In the spring of 2002, residents living around Spring Lake approached Staff and requested City
assistance to increase the water level of Spring Lake. On April 1, 2002, Staff presented to Council
the idea of introducing water into Spring Lake. The Rice Creek Watershed District has given this
a “Cautious Approval” to proceed and suggested that the residents around Spring Lake form an
official lake association. The water would be coming from the St. Paul Regional Water Services
(SPRWS). Before SPRWS will allow water to be discharged into Spring Lake, they will require
that the three adjoining cities (Mounds View, Spring Lake Park, and Fridley) enter into a joint
powers agreement with the Board of Water Commissioners of the City of St. Paul.
Since that time, no further action has occurred: a joint powers agreement has not been drafted,
an official lake association has not been formed, and residents have not contacted City Staff.
Staff is considering this issue closed until such time as property owners around the lake contact
the City again.
MANUFACTURED HOME PARK ACCESS STUDY
On January 13, 2003 the City Council authorized a study to determine feasibility of creating a
second access to the manufactured home parks within the City. Mounds View has three
manufactured home parks sites, two of which have only one access road. These are: Mounds
View Mobile Home Park and Towns Edge Terrace, neither of which currently complies with the
City Ordinance 1110.05 subdivision 2a. “Park Site shall have at least two (2) points of ingress and
egress for vehicles.”
The study will identify the preferred location of a second access, how it would be constructed, and
the estimated cost of construction. The study will also look at traffic impacts which will be created
by having these second accesses.
Traffic counts and vehicle turning movement data have recently been taken in the area of the two
manufactured home parks. The preferred second access location for Towns Edge Terrace
involves an area that may or may not be part of a wetland. Therefore, the study must wait until
the vegetation in this area resumes growing to make that determination. The report for Mounds
View Mobile Home Park is scheduled to be completed by mid-May.
WELL REHABILITATION PROGRAM -WELLS NO. 1 AND 2
Bids were received and opened on December 3, 2002 for the rehabilitation of Wells No. 1 and 2.
The successful bidder was Keys Well Drilling Company. The notice to proceed was issued on
December 20th and work commenced early in January of 2003. Staff had the opportunity to
inspect the pump and piping at the contractor’s shop and the necessary repairs and replacements
were decided upon. Both wells were videotaped to their full depths. The videotape did not show
any repairs that were needed to the casing of the wells. The videotape also showed that the
depth of the wells had not changed since the last maintenance, so bailing was not required. Both
wells have been reinstalled, tested, and are back in operation. The only items remaining are the
calibrations of the water level indicators, which are scheduled for next week. The project was
completed on schedule.
Wells No. 1 and 2 will not be up for maintenance for another 7-8 years.
8
ADDITIONAL UPDATES
WATER SERVICE FUND REPORT
On December 11, 2000, the City Council approved Ordinance Number 673 Amending Chapter
906 of the Mounds View Municipal Code entitled “Liability for Repairs”
The property owner was still liable for all repairs between the water main to the structure
located on the premises. However verbiage was added to allow the City to perform, at its sole
discretion, all leak-associated repairs.
Resolution No. 5487 was approved, which created a special account within the Water
Department Budget to fund the repair or replacement of private water services for all single family
units, duplexes, fourplexes and townhouses. In addition, a non-refundable fee of $4.00 per
quarter was added as an additional fee, charged to all single family units, duplexes, fourplexes
and townhouses to fund the water service repair program.
FINANCIAL SUMMARY
2001
Revenue $34,753.38
Expenditures $37,986.77
Net Loss ($ 3,233.39)
2002 : January through September 4th
Revenue $23,257.57
Expenditures $ 12,481.72
Net gain $10,775.85
It should be noted that this analysis did not include Staff time. A new tracking system was
developed in December of 2002 to better track actual cost of this program including staff time and
usage of City equipment and material. This was implemented for all water service repairs
occurring after January 1, 2003.
NPDES PHASE II
The City has submitted its NPDES Phase II permit, which included the Municipal Separate Storm
Sewer permit and the Storm Water Pollution Prevention Program (SWPPP). As part of the
SWPPP, the City will be formalizing and implementing forty-eight (48) storm water pollution
prevention programs.
COMMUNITY CENTER REPORTS
Since January of 2002, the Public Works Department has documented all maintenance and
operational issues encountered at the Community Center. The reports track the date, incident or
problem, and what action was taken to resolve the issue. These reports are forwarded to the City
Administrator on a quarterly basis.
MUNICIPAL STATE AID STREETS
The Municipal State Aid Streets (MSAS) construction needs have been updated for 2002. All
cities over 5,000 in population are eligible to receive a construction and maintenance allotment
from the Highway Users Tax Distribution Fund. The amount allocated is based upon population
and construction needs reported to the state for all MSAS designated streets from the previous
year. All changes to the City’s street mileage must be reported to the State Aid Engineer yearly.
9
In addition to the street mileage report, construction needs must be submitted to the state for all
MSAS designated streets. The needs report will be updated to reinstate those streets that have
reached 20 years of age and are now eligible for full construction needs.
The State Aid Engineers Office has reviewed past Annual Certification Mileage reports and has
indicated that Mounds View has an additional 1.27 miles that can be added to the MSAS system.
On April 14, 2003, City Council approved Resolution No. 5990 designating additions to the
Municipal State Aid Street System. These street segment additions were:
Roadway From To Approximate Length
Jackson Street Hillview Road Co. Rd. H2 0.75 miles
Sunnyside Road Co. Rd. H2 Co. Rd. H 0.50 miles
These proposed roadway additions utilized approximately 8.62 miles of the 8.64 miles available
for addition to the Minnesota State Aid Street System. The balance of the mileage (0.02 miles)
will be carried forward to future years, if further additions are made to the Minnesota State Aid
Street System.
This year the City’s allotment is $390,465.00. This is up from the 2002 allotment of $388,080.00.
WATER USE REPORT
The Annual Water Use Report was submitted to the Department of Natural Resources along with
a permit fee of $2,052.42 on February 6, 2002. The total volume of water pumped in 2002 was
456.094 million gallons of water. This represents a 15.2% reduction from the 525.399 million
gallons of water pumped in 2001.
Comparisons to previous years follows:
2000 543.661 Million Gallons Pumped
1999 501.084 Million Gallons Pumped
1998 510.471 Million Gallons Pumped
1997 477.368 Million Gallons Pumped
1996 519.087 Million Gallons Pumped
PARKS AND RECREATION COMMITTEE UPDATE
For the next several months, the Parks and Recreation Committee will be:
Reviewing Park Building Rehabilitation – Groveland / Random
Reviewing the 2003 Park Dedication Budget
Developing a recommended Long Term Financial Plan for Parks
Developing 2004 Parks Budget Recommendations
MISCELLANEOUS NOTES
NATIONAL PUBLIC WORKS WEEK
National Public Works Week is May 18-24, 2003. As always we have invited the Pinewood and
Sunnyside Elementary students (2nd and 3rd Grade) to visit and tour our facilities.
CONSUMER CONFIDENCE REPORT (CCR)
In April, the development of the City’s Consumer Confidence Report (CCR), regarding the City’s
water and related information, was initiated. SL-serco will be working with Staff again to compile
the information that was provided by the Minnesota Department of Health. As per the Minnesota
Department of Health, these reports must be in the consumers’ hands by July 1.
10
RECYCLING
Staff was notified by Ramsey County that all SCORE Grant funds were reduced by 11.56%, due
to the budget cuts by Governor Pawlenty. Staff will be providing the City Council with a
memorandum of the details. This reduction amount is $2,876.00 for the City for the year 2003,
which is approximately the purchase of 200 recycling bins (The City has an adequate amount on
hand and it will not be an issue for the year 2003.)
SKATE PARK
The City of Mounds View will not be constructing a skate park during the 2003 Construction
Season. At the March 20, 2003, Parks and Recreation Commission Meeting, the Commissioners
voted to refrain from making a proposal to the City Council for constructing a skate park within the
City at this time. The Commissioners want to perform a thorough evaluation of the needs of the
City’s parks system before recommending an expenditure of park funds on a new item. The
Commissioners sighted that the City has current financial commitments and funding needs; the
maintenance, repair, and replacement of existing park buildings, pathways, and play equipment
must be evaluated and addressed.
For the past year, the Parks and Recreation Commission has been discussing and researching
the development of a skate park in Mounds View. The Commission has studied the development
of skate parks in other communities and has visited several metro area sites. On March 6, 2003,
the Parks Commission held a public informational meeting, the purpose of which was to present
the idea of constructing a skate park in Mounds View and to solicit concerns, comments, and
suggestions from the public. The City received valuable feedback from the public, both in support
and criticism of the skate park. The Commission would like to sincerely thank all those who
participated and provided input.
There still remains a possibility that the City may construct a skate park at a future date.
However, an evaluation of the needs of the City and financial commitments must indicate that a
skate park is a cost-effective benefit to the City when compared to other park amenities.
PUBLIC WORKS / PARKS SEASONAL EMPLOYEES
The City advertised for Public Works and Parks Seasonal Employees on February 19, March 19
and March 26. (Staff re-advertised due to the fact that there were only nine (9) applications
received to fill ten (10) positions after the initial advertisement. The City received a total of 28
applications; 12 candidates were interviewed. Staff is now performing driver’s license and
reference checks on the potential candidates.
PUBLIC WORKS FULL-TIME EMPLOYEES VACANT POSITIONS
Forty-five (45) applications were received for the Surface Water and Sanitary Sewer positions.
Staff interviewed 14 potential candidates. Marla Manypenny (Surface Water) and Jeff Hayes
(Sanitary Sewer) were offered the positions. Ms. Many penny accepted the offer and began
employment with the City on April 16th. Mr. Hayes declined the offer. Staff will be seeking
employment of the runner up candidate to this position.
PUBLIC WORKS DEPARTMENT GOALS
PUBLIC WORK DEPARTMENT ANALYSIS AND REVIEW: To analyze the operations and
structure of the Public Works Department, to make it more efficient, to better serve the needs of
11
the citizens and businesses of Mounds View, and to better achieve the goals and objectives set
by the City Council.
UPDATE LONG TERM CAPITAL PROJECTS AND PROGRAMS - CAPITAL IMPROVEMENT
PROGRAM (CIP)
DEVELOP A LONG RANGE STREET MAINTENANCE PLAN, PATHWAY CONSTRUCTION
PLAN, PATHWAY REHABILITATION PLAN, PARK EQUIPMENT MAINTENANCE PLAN
DEVELOP A STORM SEWER / SURFACE REPAIR PROGRAM
DEVELOP A IMPLEMENTATION PLAN FOR THE COUNTY ROAD 10 REDEVELOPMENT
AND REVITALIZATION PLAN
DEVELOP A FILING SYSTEM / RECORD RETENTION PROGRAM
DEVELOP POLICIES
DEVELOP PROCEDURES
DEVELOP A NEW GRADING PERMIT SYSTEM
DEVELOP A RIGHT-OF-WAY PERMIT TRACKING SYSTEM
MAJOR PURCHASES
Replacement Dump Truck Resolution No. 5939 February 10, 2003
Replacement Tractor Resolution No. 5910 December 30, 2002
SPECIAL RECOGNITION
Resolution No. 5984 Step Increase for Michael Schnur
Resolution No. 5985 Step Increase for Peter Szurek
Resolution No. 5986 Step Increase for John Hughes
PUBLIC WORKS 1st QUARTER REPORT January - March, 2003
Garage
• Squad car repair including transmission replacement on #962, light bar
repairs, general service
• Maintenance fleet repairs including hydraulic repairs on plow trucks,
general service, skid loader wiring, cutting edge replacements on the
plows
• Repairs to garage oil burning heaters
• Heat and air transfer units (City Hall rooftop units)
• Assist in snow/ice control
• Assist on watermain repairs
• General cleanup/repairs at the shop
12
Streets
• Performed snow/ice control as needed
• Water School (Operators) Gary Kardell
• Assist on watermain repairs
• Street Sweeping
• Pothole repairs (6 ton)
• Storm drain maintenance
• Constructed video tape room at City Hall
Water
• Total of 97,997,000 Gallons Pumped
• 6 water main breaks (Hillview east of Quincy, Hillview and Jackson, 8052
Eastwood, Silver Lake Rd. S. of H2, Silver Lake Rd. and Park View Dr.,
H2 E of Irondale)
• One service line repair (Louisa E of Sunnyside)
• Bill Hanggi attended Rural Water School in March
• Mike Schnur started in the Water Department
• State samples (HAA5, THM, Radon and Fluoride)
• Wells 1 and 2 were pulled, rehabilitated and replaced
• Replaced the broken 10” main line meter at Well #1
• Replaced broken chlorine feed lines at Well #6
• Repaired 40 MXU’s and 4 MIU’s
• Replaced broken fluoride pump at Well #3
• Assisted with snow/ice control
• Read water meters
• Refurbished hydrants from Coon Rapids
• Serviced de-humidifiers at Wells 5, 6 and Booster Station
• Repaired water leak at Well 5 (line going to Chlorine analyzer)
• Attended meeting with Bonestro on storm water management
• Changed out computers at treatment plant
• Had Mid American Meter rebuild 10” mainline meter for Well 6
Sewer
• Water School (Operators) Jeff Wienke
• Computer classes (Jeff Wienke)
• Assisted with snow/ice control
• Painting projects at City Hall, Police Department and Public Works
Building
• Televised sewer in Blaine and Arden Hills
• Assisted on watermain repairs
• Brought old computers in for recycling
• Serviced vehicles and equipment as needed
13
• Changed equipment over from winter to summer
• Assisted Water Department in changing tanks, reading water meters,
repairs
Parks
• Purchased box drag and trailer
• Purchased fertilizer and weed control for the parks and athletic fields
• Trimmed trees in parks for mower clearance
• Trimmed shrubs and bushes in parks for visibility and safety
• Maintained rinks and shelters
• Equipment checks and repairs
• Repaired tanker pump engine
• Replaced exterior wall at Lambert Park (siding and studs rotted)
• Drinking fountains turned on at the parks
• Leaves picked up and removed from the parks
• Irrigation systems checked over before seasonal turn on
• Installed nets for tennis, volleyball and basketball
• Swept trailways as needed
• Snow/Ice Control as needed
• Compiled Skate Park information
• Performed wood chipping at various park locations
• Cleaned shop and equipment as necessary
• Leveled ballfields
• Prepared shelter buildings for summer programs
• Repaired locks at the park shelters
• On-going graffiti removal and trash pickup at the parks
Community Center
• Replaced signage on the lighted outside directory
• Changed filters on all RT units (performed 2/yr along with greasing of the
units)
• Wood chipped around Community Center building
• Removed and trimmed trees that were broken or dangerous
• Repaired outside lights
• Removed debris and trash
• Performed plumbing tasks as necessary (sinks, toilets)
• Maintained lights on the inside of the Community Center
• Inventoried and maintained supply of paper goods and light bulbs for the
Community Center
• Patched holes in the walls as necessary
• Repaired and maintained exercise equipment
14
• Replaced banquet center light bulbs with economic/extended life light
bulbs (96 total)
• Painted inside walls
• Removed carpet and had tile installed near kitchen (existing carpet was
extremely stained and worn)
Item No. 09F
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Introduction and First Reading of Ordinance No.
714 Amending Chapter 405 of the Mounds View
City Code Pertaining to the Parks and Recreation
Commission
Meeting Date: April 28, 2003
Background
Chapter 405 of the City Code pertains to operational aspects of the Parks and
Recreation Commission.
Discussion
The Parks and Recreation Commission has reviewed this Chapter and have
recommends some minor changes.
Recommendation:
Staff recommends that the City Council ordain an amendment to the Mounds
View City Code making minor revisions to Chapter 405, which pertains to
operational aspects of the a Parks and Recreation Commission.
Respectfully Submitted,
Greg Lee, Director of Public Works
ORDINANCE NO. 714
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 405 OF THE MOUNDS VIEW CITY
CODE PERTAINING TO THE PARKS AND RECREATION COMMISSION
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 405 of the City of Mounds View Municipal Code is hereby
amended with the proposed additions underlined and the proposed deletions
struck out, to read as follows:
CHAPTER 405
PARKS AND RECREATION AND FORESTRY COMMISSION1
SECTION:
405.01: Commission Established; Purpose
405.02: Membership; Oath; Compensation
405.03: Terms and Vacancies
405.04: Conflicts of Interest
405.05: Removal from Office
405.06: Organization and Meetings
405.07: Powers and Duties
405.08: Budget and Finances
405.09: Rules and Regulations
405.01: COMMISSION ESTABLISHED; PURPOSE: There is hereby
established a Parks and Recreation and Forestry Commission for the purpose of
advising the Council on the operation of public recreation, parks, and playgrounds,
pursuant to the authority of this Chapter. The Parks and Recreation and Forestry
Commission is referred to herein as "the Commission". (1988 Code §34.01)
1 See Chapter 905 of this Code for parks, playgrounds and recreation.
Ordinance 714
Page 2
405.02: MEMBERSHIP; OATH; COMPENSATION:
Subd. 1. Appointment of Members: The Commission shall consist of seven (7)
members appointed by the Mayor with the approval of the majority of the
Council. Residents of Mounds View interested in serving on the
Commission shall fill out an application. The Mayor, with approval of the
City Council, shall appoint a chairperson at the first regular meeting of the
Council in January. (1988 Code §34.02; Ord. 627, 2-8-99; Ord. 707, 1-25-
03)
Subd. 2. Oath of Office: Every appointed member shall, before entering upon the
discharge of their duties, take an oath that they will faithfully discharge the
duties of their office. (1988 Code §34.03)
Subd. 3. Compensation: Members of the Commission shall serve without
compensation. (1988 Code §34.04)
405.03: TERMS AND VACANCIES:
Subd. 1. Terms: Members of the Commission shall serve three (3) year staggered
terms, with terms expiring December 31 of each year. In order to establish
appropriate staggering of terms for the commission members, appointments
to a term of less than three (3) years are permissible. Both original and
successive appointees shall hold their offices until their successors are
appointed and qualified. (Ord. 456, 2-27-89; Ord. 646, 1-10-00)
Subd. 2. Vacancies: Vacancies during the term shall be filled by the Mayor with
the approval of the majority of the Council for the unexpired portion of the
term. (1988 Code §34.03)
405.04: CONFLICTS OF INTEREST: No member shall be personally
interested in any contracts in which the Commission may enter. (1988 Code
§34.03)
405.05: REMOVAL FROM OFFICE:
Subd. 1. Removal for Just Cause: An appointed member of the Commission may
be removed from office for just cause and on written charges by at least
four-fifths (4/5) of the entire City Council. Such member may be entitled to a
public hearing before such vote is taken.
Ordinance 714
Page 3
Subd. 2. Removal for Nonattendance: In addition, an appointed member may be
removed by the City Council for nonattendance at Parks and Recreation
Commission meetings if a Commission member does not attend (9) nine
regularly scheduled meetings per year.
Subd. 3. Vacancies Filled: It shall be the duty of the Chairman of the Commission
to notify the City Council promptly of any vacancies occurring in
membership. The Mayor, with approval of the City Council, shall fill such
vacancies, for the unexpired term of the original appointment. (1988 Code
§34.05)
405.06: ORGANIZATION AND MEETINGS:
Subd. 1. Officers: The Commission shall select a Vice Chairman and Secretary.
The Vice Chairman shall be selected from its membership and who shall
serve for a terms of one (1) year. The Secretary may be selected from the
Commission or City Staff.
Subd. 2. Attorney and Engineer: The Municipal Attorney shall act as attorney for
the Commission and the Director of Public Works/City Engineer shall act as
its engineer.
Subd. 3. Rules of Procedure: At its first meeting, the Commission shall adopt
rules of procedure and elect the two (2) officers. It shall amend the rules,
from time to time, as is necessary. (1988 Code §34.06)
Subd 4. Meetings: The Commission shall establish regular meeting dates, but
special meetings may be called by any officer of the Commission upon
seven (7) three (3) days' notice to all members. The Commission shall
hold meet at least twelve (12) regular meetings times in each calendar
year.
Subd. 5. Quorum: A majority of the appointed members shall constitute a quorum.
(1988 Code §34.07)
405.07: POWERS AND DUTIES: In order to carry on the recreation
provided herein, the duties of the Commission shall include:
Subd. 1. Operation of City Parks and Playgrounds: Under the direction of the City
Council, advise City staff to operate a program of public recreation and
playgrounds upon property which is owned or otherwise made available to
the Municipality for such public recreation purpose.
Ordinance 714
Page 4
Subd. 2. Lease and Acquisition of Property:
a. Recommend to the Council the leasing or acquisition of real or personal
property for public recreational use as it deems desirable but shall not have
the authority to acquire land or construct buildings in its own name. Any
equipment or recreational facilities shall belong to the Municipality.
b. Advise the Council of leasing real or personal property or both for public
recreation use for periods of not longer than one (1) year.
Subd. 3. Maintenance and Care of Public Recreation Property: Maintain and care
for all property which it has acquired or and which has been assigned to it
for public recreation purposes.
Subd. 4. Inventories of Services: Make periodic inventories of recreation and park
services which exist or may be needed and to interpret the needs of the
public to the Council.
Subd. 5. Cooperation with Other Agencies: Cooperate with other park and
recreation departments, schools and private agencies for establishment of a
joint powers agreement to provide parks and recreation services to the City
residents.
Subd. 6. Policies and Functions of Department: Interpret the policies and functions
of the Park and Recreation Department to the public.
Subd. 7. Capital Improvement Plans and Budgets: Advise the Council and
administrator in the preparation of the annual budget and long range capital
improvement programs.
Subd. 8. Rules and Regulations: Formulate and prescribe reasonable rules and
regulations for the use of the general public of any facilities in any park area.
Subd. 9. Construction of Improvements: Advise the Council on maintaining and
constructing roadways, paths, buildings, fountains, docks, boat houses, bath
houses, refreshment booths, amusement halls Community Center,
pavilions and other necessary structures and improvements in parks. The
Commission may advise the Council on making contracts and leases for the
construction and operation of these facilities for terms not exceeding ten (10)
years. Every such contract and lease shall provide that the structure shall
be operated for the public use and convenience, and that the charges shall
be reasonable, and it shall reserve to the Commission power to prescribe
reasonable rules and regulations, from time to time, for the conduct of the
privilege.
Ordinance 714
Page 5
Subd. 10. Communication: Communicate regularly with the City Council and
Planning and Zoning Commission through joint meetings and meeting
minutes.
Subd. 11. Athletic Awareness: Be aware of the role and services provided by
athletic organizations within the community.
Subd. 12. Sanitation and Reforestation Programs: Advise the City Council
regarding sanitation and reforestation programs within the City.
Subd. 13. Other Duties: Do whatever other acts are reasonable, necessary and
proper to carry out its prescribed powers and functions as set forth herein.
(1988 Code §34.09)
405.08: BUDGET AND FINANCES:
Subd. 1. Annual Presentation of Proposed Budget: The Commission, through the
City Parks and Recreation Division epartment staff, should present, no
later than August 1 of each year, a proposed budget, in such details as the
Council shall require, of the financial needs for the ensuing fiscal year to
operate and maintain the parks and open spaces, as well as provide ing
recreation programs.
Subd. 2. Fees and Charges: The Commission shall advise the Council to
establish charges or fees for the restricted use of any facilities or to make
any phase of the recreation program wholly or partially self-sustaining. (1988
Code §34.08)
405.09: RULES AND REGULATIONS: The Council may establish such
rules and regulations for the administration of this Chapter as it may deem
necessary and may delegate such rule-making authority to the Commission, and
the Commission shall have power to make such rules and regulations pursuant to
delegated authority as it deems necessary for the purpose of performing its duties
as herein set forth. (1988 Code §34.10)
SECTION 2. This ordinance becomes effective thirty (30) days after its
publication in the official City newspaper.
Read by the City Council of the City of Mounds View this _____day of
___________, 2003.
Ordinance 714
Page 6
Read and passed by the City Council of the City of Mounds View this _____day of
___________, 2003.
____________________________________
Jerry Linke, Mayor
ATTEST
____________________________________
James Ericson, Interim City Administrator
(SEAL)
APPROVED AS TO FORM:
_________________________
Scott Riggs, City Attorney
Item No: 09G
Meeting Date: April 28, 2003
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Interim City Administrator
Item Title/Subject: Consideration of Resolution 6005, a Resolution
Approving a Settlement Agreement between the City of
Mounds View and the Minnesota Attorney General’s
Office Regarding the Office of the State Auditor’s (OSA)
Notice of Noncompliance
Discussion:
The Office of the State Auditor (OSA) conducted a tax increment financing (TIF) legal
compliance audit of the Mounds View Economic Development Authority’s (EDA) TIF districts
on March 6 through 16, 2001. On July 18, 2001, the OSA sent the Mounds View City
Council a notice of noncompliance regarding the EDA’s TIF districts. Minnesota Statutes
requires that cities respond in writing to the OSA within 60 days of the receipt of a notice of
noncompliance. On September 17, 2001, the OSA received the City’s response, a letter
dated September 17, 2001. The letter incorporated a September 4, 2001, letter from Jim
O’Meara to the City. (Jim O’Meara is the City’s TIF counsel.) The City disagreed with the
OSA’s interpretation of the TIF statutes and its findings of noncompliance. In response to
the City’s response, the OSA delivered to the City its FINAL Notice of Noncompliance. The
findings of noncompliance can be summarized as follows:
1. The EDA improperly spent $1,165,045.45 of TIF District #1’s tax increment on land
acquisitions because the land acquisitions were not explicitly identified in the EDA’s TIF
plan.
2. The EDA improperly spent $125,771.43 of TIF District #2’s tax increment on land
acquisitions because the land acquisitions were not explicitly identified in the EDA’s TIF
plan.
3. The EDA failed to provide an Estimate of Fiscal and Economic Implications to the school
board and county board when the EDA approved the TIF Plans for Districts 1, 2 and 3.
With regard to the first two, the City acknowledged the acquisitions occurred however W E
argued that the TIF Plans did describe the “kind” of properties that the EDA intended to
acquire to meet the stated goals of the TIF Plan. It was a matter of interpretation whether
addresses or PIN #’s were required or that the TIF plan would need to be modified prior to
each acquisition.
With regard to the last item of noncompliance, the OSA claimed that because the City could
not produce copies of the letters it had sent to the school board and the county board, the
letters were therefore never sent. The City argued that the absence of a copy of a letter
created in 1986 did not prove the letter never existed or that the letter had not been duly
delivered. In fact, resolutions adopted by the Council in 1986 and 1988 indicate that notices
had been sent to the county board and to the school board, which would seem to support the
fact that letters had been provided consistent with Minnesota statutes.
OAG Settlement Agreement Report
April 28, 2003
Page 2
The Final Notice of Noncompliance indicated that the matter would be forwarded to the
Ramsey County Attorney’s office for possible action against the City. The County Attorney
took no any action on the matter and as a result, the OSA referred the matter to the
Minnesota Office of the Attorney General (OAG) on December 3, 2002. At some point this
year, discussions commenced between the OAG and Mr. O’Meara in an effort to resolve the
matter. As a result of those discussions, a settlement agreement was drafted that resolves
the OSA’s notice of noncompliance. The Agreement includes the following language:
1. The City of Mounds View agrees it will follow the requirements set forth in Minnesota
statutes relating to Tax Increment Financing and will include in all future TIF plans a
statement as to the development program and including with reasonable specificity a
description of the property within the District, if any, which the City intends to acquire.
2. The City further agrees that where the original TIF plan contains a listing of specific
properties for acquisition, and the City determines additional property or properties are to
be acquired then the City of Mounds View will follow the procedures set forth in Minn.
Stat. §469.175, subd. 4 for formal plan modification with public hearings for a
“designation of additional property to be acquired by the City.”
3. Nothing in paragraphs 1 or 2 above is intended or shall be interpreted to impose on
the City any obligations which exceed those requirements of the tax increment law which
are at the time applicable.
4. The City of Mounds View will not approve, or request certification of, a new tax
increment financing district or the addition of an area to an existing tax increment finance
for a period of three months from the date of this Settlement Agreement.
5. Nothing in this Settlement Agreement shall be construed as an admission or
acknowledgement on the part of the City of Mounds View that it has not substantially
complied with the applicable requirements of the tax increment financing or any other
law.
Mr. O’Meara indicates that the Agreement is a positive and satisfactory resolution to the
OSA’s Notice of Noncompliance and he advises the City to execute the agreement to
close this file.
Recommendation:
Approve Resolution 6007, a Resolution authorizing execution of the attached Settlement
Agreement regarding the OSA’s Notice of Noncompliance.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachment: Resolution 6005
RESOLUTION NO. 6005
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE
MINNESOTA ATTORNEY GENERAL’S OFFICE AND THE CITY OF MOUNDS VIEW
RELATING TO THE OFFICE OF THE STATE AUDITORS NOTICE OF
NONCOMPLIANCE
WHEREAS, on July 18, 2001, the City of Mounds View (City) received a Notice of
Noncompliance from the Office of the State Auditor (OSA) in response to a Tax
Increment Financing (TIF) Legal Compliance Audit the OSA had performed earlier that
year; and,
WHEREAS, the City responded to the OSA’s Notice of Noncompliance on
September 17, 2001, in which the City disagreed with the OSA’s findings regarding the
identified issues of noncompliance; and,
WHEREAS , on November 27, 2001, the OSA sent the City a final Notice of
Noncompliance and indicated that it had forwarded the matter to the Ramsey County
Attorney’s Office; and,
WHEREAS, on December 3, 2002, the OSA forwarded the matter to the
Minnesota Office of the Attorney General (OAG) pursuant to Minnesota Statutes after
the County Attorney failed to act on the matter; and,
WHEREAS, on April 17, 2003, the City received the attached Settlement
Agreement from the OAG; and,
WHEREAS, in executing the attached agreement, the City agrees to the
conditions articulated therein to fully resolve and settle all noncompliant issues
identified by the OSA in the Notice of Noncompliance dated November 27, 2001.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
authorizes the execution of the Settlement Agreement, attached hereto as Exhibit 1.
Adopted this 28th day of April, 2003.
_____________________________
Jerry Linke, Mayor
ATTEST:
___________________________
James Ericson
Interim City Administrator
(SEAL)
SETTLEMENT AGREEMENT
This Settlement Agreement is effective _____________, 2003, and is entered into by and
among the Minnesota Attorney General and the City of Mounds View.
WHEREAS, on July 18, 2001, the Office of the State Auditor (hereinafter “OSA”) sent
an initial notice of noncompliance pursuant to Minn. Stat. § 469.1771, subd. 1(c) to the Mounds
View City Council, making two findings of noncompliance with respect to the City of Mounds
View Tax Increment Financing (hereinafter “TIF”) District No. 1, one finding of noncompliance
with respect to TIF District No. 2 and one finding of noncompliance with respect to notices to the
school board and county board of fiscal and economic impact estimates for TIF Districts Nos. 1,
2 and 3 and making an additional comment noting concerns regarding reporting of certain
engineering costs in connection with TIF District Nos. 1 and 3;
WHEREAS, on September 17, 2001, the City of Mounds View submitted a response to
the OSA disputing the OSA’s findings and comments;
WHEREAS, on November 27, 2001, the OSA sent its final notice of noncompliance to
the City of Mounds View reiterating its findings;
WHEREAS, on November 27, 2001, the OSA referred that finding to the Ramsey
County Attorney, pursuant to Minn. Stat. § 469.1771, subd. 1(b);
WHEREAS, the Ramsey County Attorney’s Office did not commence an action
regarding this matter within one year of the date of referral;
WHEREAS, on December 3, 2002, the OSA referred this matter to the Office of the
Attorney General (hereinafter “OAG”), pursuant to Minn. Stat. § 469.1771, subd. 1(d);
WHEREAS, pursuant to Minn. Stat. § 469.1771, subd. 2b(a), the OAG is required to
review the materials submitted by the OSA and may initiate a petition in tax court to take action
against the authority of the municipality to exercise tax increment financing powers;
WHEREAS, pursuant to Minn. Stat. §469.1771, subd. 2b(b), before filing a petition to
suspend TIF authority, the Attorney General is required to attempt to resolve the matter using
appropriate alternative dispute resolution procedures; and
WHEREAS, the OAG has conferred with representatives of the City of Mounds View
and the OSA in order to resolve the matter without legal action.
NOW THEREFORE, based upon a review of the matter and discussions among the
parties, it is agreed as follows:
1. The City of Mounds View agrees it will follow the requirements set forth in
Minnesota statutes relating to Tax Increment Financing and will include in all future TIF plans a
statement as to the development program and including with reasonable specificity a description
of the property within the District, if any, which the City intends to acquire.
EXHIBIT 1.
2. The City further agrees that where the original TIF plan contains a listing of
specific properties for acquisition, and the City determines additional property or properties are
to be acquired then the City of Mounds View will follow the procedures set forth in Minn. Stat.
§469.175, subd. 4 for formal plan modification with public hearings for a “designation of
additional property to be acquired by the City.”
3. Nothing in paragraphs 1 or 2 above is intended or shall be interpreted to impose
on the City any obligations which exceed those requirements of the tax increment law which are
at the time applicable.
4. The City of Mounds View will not approve, or request certification of, a new tax
increment financing district or the addition of an area to an existing tax increment finance for a
period of three months from the date of this Settlement Agreement.
5. Nothing in this Settlement Agreement shall be construed as an admission or
acknowledgement on the part of the City of Mounds View that it has not substantially complied
with the applicable requirements of the tax increment financing or any other law.
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be
signed on the date(s) set forth below.
Dated: ___________________________ Dated: __________________________
CITY OF MOUNDS VIEW CITY OF MOUNDS VIEW
By: ___________________________ By :_________________________________
Its: Mayor Its: Interim City Clerk/Administrator
Dated: __________________________ MIKE HATCH
Attorney General
State of Minnesota
_____________________________________
CHRISTIE B. ELLER
Assistant Attorney General
Atty. Reg. No. 6658
525 Park Street, Suite 200
St. Paul, Minnesota 55103-2106
(651) 296-9421 (Voice)
(651) 282-2525 (TTY)
ATTORNEYS FOR STATE OF MINNESOTA
AG: #824798-v1
Item No: 9H
Meeting Date: April 28, 2003
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Interim City Administrator
Item Title/Subject: Consideration of Resolution 6002, a Resolution Approving a
Zero-Lot Line Minor Subdivision Request for 7656 Silver Lake
Road; Planning Case No. MI03-001
Introduction:
Rose Osbourne, representing the applicant RM Michaels Construction Inc., is requesting
approval of a minor subdivision to convert the lot at 7656 Silver Lake Road into a zero-lot line
subdivision. The lot was created last year as a result of the Martinson Subdivision and the
created half-acre lot was rezoned to R-2, Single and Two Family Residential. The
expectation was that a twin-home would be constructed on the lot which fronts Silver Lake
Road. The applicant does intend to construct a twin-home, however they would like the lot to
be further divided to allow for a zero lot-line building. A zero lot-line twin-home allows for two
owner-occupied dwellings rather than one (or none) of the units to be owner-occupied.
Discussion:
According to the City’s Subdivision Code (Title 1200), Minor Subdivisions are those divisions
of land less than two acres in size in which only one additional lot is created. Minor
subdivisions do not require a public hearing and do not require platting of the land. All that is
required is a “certificate of survey” and Council approval to record the change with Ramsey
County. The applicant has submitted the required certificate of survey which describes the
proposed subdivision as well as a Title Commitment, which has been reviewed by the City
Attorney. The Certificate of Survey (the “Survey”) is attached to this report.
The subject lot has 132 feet of frontage on Silver Lake Road, 32 feet more that the City’s
required minimum. The applicant is proposing to subdivide the parcel horizontally into two
equal halves of 66 feet. A twin-home would be built on the property straddling the lot line as
shown on the Survey. Both lots created by the subdivision would conform to the minimum lot
size requirements and setbacks as established in the zoning code. Easements are shown
on the survey—these are easements that have already been dedicated from the previous
subdivision. No further dedication of easements is necessary.
Park Dedication. Chapter 1204 of the Subdivision Code sets forth the City’s park dedication
requirements. For most subdivisions, a park dedication fee equal to either five or ten percent
of the assessed land value is required. (The five percent fee is applied to subdivisions less
than an acre; the ten percent fee applied to subdivisions of one acre or more.) The only
subdivisions excluded from the park dedication fee requirements are subdivisions in which
the subject properties have already been improved with single-family homes (such as a
simple shift of a lot line between two homes) and subdivisions already having paid a park
dedication fee. When park dedication fees has already been paid for a parcel, the Code
indicates the previous payment shall be subtracted from what would currently be owed to
arrive at an “adjusted“ dedication fee. The Martinson property originally exceeded one acre,
and as such, they were assessed a ten percent fee equal to $2,110. According to the Code,
that payment should be subtracted from what would be owed from the new subdivision.
Because the new subdivision is less than an acre, a five percent fee would be imposed. The
end result is that no additional dedication is required above and beyond what has already
been paid.
Recording Requirements. The Subdivision Code indicates that If the certificate of survey is
approved by the Council, the “subdivider“ shall, within sixty (60) days, record with Ramsey
County a deed conforming to the terms of the Council’s approval of the subdivision, and within
ten (10) days of the recording, the subdivider shall furnish the City with a copy of the deed
showing evidence of the recording; otherwise, the subdivision shall be void and the
Clerk-Administrator would so notify the County Register of Deeds or Registrar of Titles. No
building permit can be issued for construction on a parcel created by such minor subdivision
until evidence of recording has been submitted. In this case, however, because the lot is
already properly zoned for a twin-home, construction can occur at any time.
Deed Restrictions. According to Section 1107.03 of the Mounds View Zoning Code, deeds
associated with zero lot line parcels shall have certain restrictions added to the deed that
protect what happens in the event of damage or destruction. The restrictions are as follows:
a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a uniform
appearance.
b. If both dwelling units are burned or destroyed, minimum lot widths shall then prevail
as for single-family homes.
c. A double dwelling unit may be rebuilt meeting the original conditions of this Title.
d. A uniform exterior appearance, in terms of color, design and maintenance shall be
maintained.
Planning Commission Action: The Planning Commission unanimously recommended
approval of this subdivision at their meeting on February 19, 2003. Their resolution is
attached for your reference.
Recommendation:
Staff and the Planning Commission recommends approval of the attached Resolution 6003,
a Resolution recommending approval of a minor subdivision (zero-lot line) of 7656 Silver
Lake Road as requested by RM Michaels Construction Inc., with stipulations noted as
follows:
1. The dwelling units shall have separate utility services.
2. Deeds shall have restrictions as addressed herein and in Subd. 1107.03 of the Zoning
Code.
3. Deeds shall be recorded with Ramsey County within 60 days of Council approval. (This
requirement may be waived by the City Administrator for good or just cause.)
4. Each resulting dwelling unit shall meet existing building codes
5. The builder shall obtain access permits from Ramsey County prior to commencing
work.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachments:
1. Planning Application
2. Zoning Map
3. Survey
4. PC Resolution 720-03
5. Council Resolution 6002
Certificate of Survey
Zoning Map
* All lots zoned R-1, Single-Family
Residential, unless otherwise
indicated.
Subject
Property
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 720-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A ZERO-LOT LINE
MINOR SUBDIVISION OF 7656 SILVER LAKE ROAD;
MOUNDS VIEW PLANNING CASE NO. MI03-001
WHEREAS, Rose Osbourne, representing the applicant RM Michaels
Construction, Inc., has requested approval of a zero-lot line minor subdivision of 7656
Silver Lake Road, zoned R-2, Single and Two-Family Residential, legally-described as
follows:
The east 205.10 feet of Lot 3, Spring Lake Park Knolls Addition
Ramsey County
State of Minnesota
WHEREAS, the applicant has submitted a Certificate of Survey dated 1-23-03
for the above described property; and,
WHEREAS, the proposed Certificate of Survey has been forwarded to the City
Attorney for review; and,
WHEREAS, the Planning Commission has reviewed the applicant’s request for a
minor subdivision and has determined that it is in conformance with Chapters 1104,
1201, and 1202 of the Municipal Code; and
WHEREAS, in accordance with Section 1204.04, Subd. 4, a park dedication fee
shall be applicable with this subdivision.
NOW, THEREFORE, BE IT RESOLVED, having found that the proposed
subdivision satisfies City subdivision and zoning code requirements, the Mounds View
Planning Commission recommends approval of the minor subdivision of 7656 Silver
Lake Road requested by Rose Osbourne, representing RM Michaels Construction, Inc.,
subject to the following requirements:
1. Prior to the City affixing its seal on the deeds, the applicant shall be
responsible for submitting the required park dedication fee.
2. The deeds shall bear the following restrictions:
a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a
uniform appearance.
b. If both dwelling units are burned or destroyed, minimum lot widths shall
then prevail as for single-family homes.
c. A double dwelling unit may be rebuilt meeting the original conditions of this
Title.
Resolution 720-03
Page 2
d. A uniform exterior appearance, in terms of color, design and maintenance
shall be maintained.
3. The applicant shall record the deeds with Ramsey County not later than 60
days beyond City Council approval. Failure to do so shall render subdivision
approval null and void. The applicant shall submit proof of recordation to the
City of Mounds View. No building permits shall be issued until proof of
recordation is provided.
4. Each dwelling unit shall have separate utility services. The applicant shall
submit a utility plan to the Public Works Department before requesting
permits.
5. Each resulting dwelling unit shall meet existing building codes.
6. The builder shall obtain access permits from Ramsey County prior to work
commencing on the site.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission
directs staff to forward this resolution to the City Council prior to approval of the
minutes.
Adopted this 19th day of February, 2002.
_____________________________________
Gary Stevenson, Chairperson
ATTEST:
_____________________________________
James Ericson,
Community Development Director
(SEAL)
RESOLUTION NO. 6002
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A ZERO-LOT LINE MINOR SUBDIVISION OF
7656 SILVER LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MI03-001
WHEREAS, Rose Osbourne, representing the applicant RM Michaels
Construction, Inc., has requested approval of a zero-lot line minor subdivision of 7656
Silver Lake Road, zoned R-2, Single and Two-Family Residential, legally-described
presently as follows:
That Part of Lot 3, Spring Lake Park Knolls Addition, which lies East of the
West 205.10, Except the East 7.0 Feet thereof,
County of Ramsey, State of Minnesota
WHEREAS, the applicant has submitted a Certificate of Survey dated 1-23-03
for the above described property; and,
WHEREAS, the proposed Certificate of Survey and Title Commitment have been
reviewed and approved by the City Attorney; and,
WHEREAS, the City Council has reviewed the applicant’s request for a minor
subdivision and has determined that it is in conformance with Chapters 1104, 1201, and
1202 of the Municipal Code; and
WHEREAS, park dedication fees have already been paid associated with this lot
as a result of a previous subdivision, and as such, no further dedication is required.
NOW, THEREFORE, BE IT RESOLVED, having found that the proposed
subdivision satisfies City subdivision and zoning code requirements, the Mounds View
Planning Commission recommends approval of the minor subdivision of 7656 Silver
Lake Road requested by Rose Osbourne, representing RM Michaels Construction, Inc.,
subject to the following requirements:
1. Prior to the City affixing its seal on the deeds, the deeds shall bear the
following restrictions:
a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a
uniform appearance.
b. If both dwelling units are burned or destroyed, minimum lot widths shall
then prevail as for single-family homes.
c. A double dwelling unit may be rebuilt meeting the original conditions of
this Title.
d. A uniform exterior appearance, in terms of color, design and maintenance
shall be maintained.
Resolution 6002
Page 2
2. The Certificate of Survey shall be revised and resubmitted to reflect the correct
legal description of the property.
3. The applicant shall record the deeds with Ramsey County no later than 60
days beyond City Council approval unless extension is granted by the City
Administrator for good or just cause. Failure to record the deeds shall render
this subdivision approval null and void. The applicant shall submit proof of
recordation to the City of Mounds View.
4. Each dwelling unit shall have separate utility services. The applicant shall
submit a utility plan to the Public Works Department before requesting
permits.
5. Each resulting dwelling unit shall meet existing building codes.
6. The builder shall obtain access permits from Ramsey County prior to work
commencing on the site.
Adopted this 28th day of April, 2003.
_____________________________________
Jerry Linke, Mayor
ATTEST:
_____________________________________
James Ericson, Interim City Administrator
(SEAL)
Item No: 09I
Meeting Date: April 28, 2003
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Acting City Administrator
Item Title/Subject: Discussion of Fire Services Contract Renewal
Introduction:
On April 16, 2003, I attended the quarterly meeting of the SBM Fire Department
Administrative Committee at Blaine City Hall. Fire Chief Zikmund indicated that the term of
the Fire services contract (a copy of which is attached) is set to renew at the end of the year
unless one of the cities decides to renegotiate any of the contract terms or terminate the
agreement altogether. At the quarterly meeting, it was apparent from the comments offered
by the Blaine and Spring Lake Park representatives that their respective cities had no
intention of renegotiating any contract provisions.
Discussion:
I am not aware of any past concerns regarding the Fire services contract and in how the
terms of the contract have been executed. I am providing a copy of the contract for your
information however Mr. Zikmund will be unable to attend the meeting due to a prior
engagement, so if there are any specific questions relating to the specific contract provisions,
I may not be able to answer all of your questions. If there is no opposition, the contract will
self renew for another ten-year term.
Recommendation:
If there are issues within the contract that you as the Council would like to have renegotiated,
please address these issues and direct staff to draft a notice of intent to renegotiate. If the
contract provisions are acceptable as is, staff has drafted a resolution (Resolution 6007) for
your action this evening which authorizes your interim city administrator to execute a
Memorandum of Understanding regarding the renewal. If you have questions regarding the
terms of the Contract and would like to delay action until Fire Chief Zikmund is available to
respond, a tabling action would be appropriate.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachments:
1. Fire Service Protection Contract
2. Memorandum of Understanding
3. Resolution 6007
RESOLUTION NO. 6007
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE INTERIM CITY ADMINISTRATOR TO EXECUTE
A MEMORANDUM OF UNDERSTANDING REGARDING THE RENEWAL OF THE
FIRE PROTECTION SERVICES CONTRACT BETWEEN THE CITIES OF MOUNDS
VIEW, BLAINE AND SPRING LAKE PARK AND THE FIRE DEPARTMENT
WHEREAS, the City of Mounds View, along with the cities of Blaine and Spring
Lake Park, entered into a Contract with the Spring Lake Park Fire Department for Fire
Protection Services in 1994; and,
WHEREAS, the term of the Contract was ten years through the end of 2003 with
an automatic renewal provision as long as no parties desired to renegotiate the terms or
terminate the Contract; and,
WHEREAS, the City Council of the City of Mounds View finds that the terms of
the Contract remain acceptable and in the City’s best interest and desire to allow the
Contract to self-renew.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mounds View hereby authorizes and directs the interim city administrator to execute the
attached Memorandum of Understanding (Exhibit A) on the City’s behalf regarding the
renewal of the Fire Protection Services Contract.
Adopted this 28th day of April, 2003.
_____________________________
Jerry Linke, Mayor
ATTEST:
___________________________
James Ericson
Interim City Administrator
(SEAL)
EXHIBIT A.
Memorandum of Understanding
To: Barb Nelson, Spring Lake Park City Administrator
Jim Ericson, Mounds View City Administrator
Dave Johnson, City of Blaine Safety Services Division Manager
From: Nyle Zikmund, Spring Lake Park Fire Department Incorporated Fire Chief
Date: April 24, 2003
Re: Fire Contract
This memorandum serves as official notice and understanding that the three cities and fire
department are aware that the “Contract to Furnish Fire Protection Services to the Cities of
Blaine, Mounds View and Spring Lake Park” automatically renews for another ten year
period effective January 1, 2004 unless any of the four parties gives written notice of
intention to re-negotiate some or all of the contract by July 1, 2003.
The memorandum, signed by all four parties serves as a record that all parties have been
notified and none of the parties intend to service notice and understand the contract will
automatically renew until December 31, 2013.
This memorandum also serves as a record of documentation that the lease agreement
contained as an attachment to the Contract contains incorrect address information for the
City of Blaine and the Fire Department.
The correct address for the City of Blaine is: 10801 Town Square Drive
Blaine, MN 55449
The correct address for the Fire Department is: 1710 County Road 10
Spring Lake Park, MN 55432
_______________________________ ______________________________
Barb Nelson, SLP Jim Ericson, Mounds View
________________________________ ______________________________
Dave Johnson, Blaine Nyle Zikmund, SLP Fire Department
Item No:10 B3
Meeting Date: April 28, 2003
Type of Business:CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Police Chief Mike Sommer
Item Title/Subject: Council requests for weekly statistical reports on moving
violations speeding, plates expired, overnight parking, etc.
Date of Report: April 22, 2003
Background:
At the April 14, 2003 Council meeting a request was made for the Police Department to
provide reports on administrative offenses, moving violations, speeding, expired license plates,
overnight parking, etc. to the City Council on a weekly basis. The Police Department currently
submits reports to the City Council covering this statistical information, quarterly. Staff could
compile the data manually and prepare a separate weekly report for the Council if this is
deemed a priority assignment for staff. This would entail additional staff time and duplicating
records that would normally be included in the quarterly report to the Council.
Staff understands traffic issues are of great importance to citizens and to the Council.
Concerns surrounding traffic issues comprise approximately 80 percent of the complaints
citizens have in their city. This is evident within the City of Mounds View, but is certainly not
unique to Mounds View. The level of concern over traffic issues is evident in large cities such
as St. Paul, cities across the state of Minnesota, and across the country. The problem is
complex, unremitting and continuous. Solutions involve early driver education, community
awareness, street planning and design, road markings and striping, signage, and enforcement
of traffic laws. The dilemma of complaints over the driving habits of citizens requires constant
attention.
Staff appreciates that the Council would like the Police Department to be responsive to traffic
concerns and focus attention on traffic violators to the extent we're able to do so. Staff of the
Police Department will be both proactive and reactive to the needs of citizens regarding traffic
complaints.
Recommendation:
Staff seeks clarification on the request for weekly statistical reports. Weekly statistic reports
provide only a narrow picture of enforcement trends. The value of such a small sampling of
data to the council would be limited. Staff will continue to produce quarterly statistical reports
to the Council including information pertaining to traffic citations. If the Council would like staff
to be directed to prepare weekly reports rather than, or in addition to quarterly reporting, staff
seeks direction as to the amount of information requested and the form of the report desired.
Respectfully Submitted.
______________________
Police Chief Mike Sommer
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 14, 2003 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:03 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16
17
4. APPROVAL OF AGENDA 18
19
A. Monday, April 14, 2003 City Council Agenda. 20
21
Mayor Linke indicated Mr. Connelly was attending another City Council meeting and would 22
arrive somewhere between 8:00 p.m. and 8:30 to address Item 9A under Council Business. 23
24
MOTION/SECOND: Marty/Stigney. To Approve the Monday, April 14, 2003 Agenda as 25
Presented. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
5. PUBLIC INPUT 30
31
David Jahnke of 8428 Eastwood Road indicated he has some Council tapes to catch up on but is 32
very concerned about the budget and the first seven items on this agenda are money items. He 33
then expressed concern of Ms. Haake’s comment that she wished she had spent the surplus 34
budget amounts when Council was discussing taking that money away. 35
36
Mayor Linke clarified that the surplus in the cable fund comes from the franchise fee and is not a 37
budgetary item. 38
39
Mr. Jahnke commented that the police department has not hired for the two vacant officer 40
positions in an attempt to make cuts but no other departments have done any cutting. He then 41
commented that Staff may be at its minimum level to operate but he would like it reviewed. 42
43
Mayor Linke indicated that Mr. Ericson is currently serving as three employees. He then said 44
that the City lost four positions last year and Council will be reviewing those positions to 45
Mounds View City Council April 14, 2003
Regular Meeting Page 2
determine whether a replacement is warranted and will hire beginning with the City 1
Administrator’s position. 2
3
Mr. Jahnke indicated he also has an issue with the amount of money the Community Center is 4
costing the City and asked if anyone is looking into other options for recreation. 5
6
Mayor Linke explained that Council started looking into other options including eliminating the 7
YMCA and running a parks and recreation program with City employees. 8
9
Mr. Jahnke commented that city government is like a family that just keeps growing and growing 10
and he would caution the City to carefully evaluate whether it would actually be cheaper for the 11
City to run the program itself. 12
13
Mayor Linke indicated Council would be researching and reviewing the options before making a 14
decision. 15
16
Council Member Marty clarified that the money Ms. Haake was referring to comes from the 17
franchise fee and Council was talking about using those funds elsewhere but it was determined 18
that it is not possible to do so. 19
20
Council Member Quick asked the City Attorney for an interpretation as to whether the franchise 21
fee could be used for other City purposes. 22
23
City Attorney Riggs agreed to look into the matter. 24
25
Doris ________ of 3034 Ardmore Avenue commented that she is concerned with raises given to 26
City employees because at the last meeting someone got a $2.00 per hour increase and that does 27
not happen in the private sector. She then commented that bonuses are gone as are raises and the 28
City needs to look at the state of the economy and budget constraints when it comes to salary 29
increases. 30
31
Duane McCarty of 8060 Long Lake Road indicated he was before Council to seek clarification of 32
a matter privately and not as a member of the Police Civil Service Commission. He then 33
indicated that it has been the opinion of the City Attorney as well as Attorney General opinion 34
that Police Civil Service Commission law prevails over the Charter and the clarification he 35
would like to make and request is on the appointments of the clerk typist and administrative 36
assistant in the police department. 37
38
Mr. McCarty indicated the two individuals were internal candidates and the Commission made 39
an internal promotion. Everyone can apply but the Commission could not see where sworn 40
officers or supervisory staff would be interested in the administrative positions. 41
42
Mr. McCarty indicated that from his point of view the Police Civil Service Commission acted 43
appropriately and the internal promotions once done by the Commission are a done deal under 44
Mounds View City Council April 14, 2003
Regular Meeting Page 3
the law and Council does not get into that in order to keep the politics out of public safety. He 1
then indicated the Commission is waiting for authorization to post the CSO position. 2
3
Mr. McCarty indicated he had done some research and provided the information to the City 4
Attorney concerning the issue of the Commission having funding powers and being able to 5
generate invoices that the Council has no choice but to authorize for payment. He then asked the 6
City to review the matter and provide clarification. 7
8
Mr. McCarty indicated that the internal promotions are not subject to the requirements of 9
Minnesota Statute 419 in his opinion and he would like clarification. He then said that he is 10
embarrassed to say that he brought this up in October and decided to come to Council on his own 11
as no progress was being made. 12
13
Council Member Stigney indicated the letter was written but not submitted because there was not 14
a quorum to act on the letter. 15
16
Mayor Linke asked the City Attorney to research the matter. 17
18
Council Member Stigney indicated he had raised questions with Staff after the last meeting. 19
20
City Attorney Riggs indicated he had prepared a memo in response but received further 21
information at this meeting that will change the answer slightly. He then said he would complete 22
the information and provide it for the next meeting. 23
24
Gary Mielhouse of 7400 Parkview Drive addressed Council and asked the Members to give 25
serious consideration to Mr. Ericson for the City Administrator position. He then explained that 26
he does not know Mr. Ericson personally and has no ulterior motive other than to bring to the 27
attention of Council that they have an excellent employee and excellent candidate for the City 28
Administrator position in Mr. Ericson. 29
30
Mr. Mielhouse indicated that he has been exposed to Mr. Ericson through watching City 31
meetings and through an experience he and his wife had while wanting to add onto their home. 32
He then said he met with Mr. Ericson twice and found him to be very professional and 33
knowledgeable as a City employee but also found him to be willing to understand the Code 34
requirements and work to find a solution that would reach the goals of the City and the 35
homeowner. He further explained that he had presented a plan for the expansion and Mr. Ericson 36
suggested an alternative solution and he and his wife were grateful for the willingness to spend 37
the time on it. Mr. Ericson’s plan and recommendation were adopted and they have been very 38
pleased with it. 39
40
Mr. Mielhouse indicated that he has observed Mr. Ericson during Council meetings and he has 41
been very impressed as Mr. Ericson has always displayed professionalism and appears 42
knowledgeable and well prepared for the items he is presenting. He then said that another trait 43
he admires in Mr. Ericson is the honesty and integrity he displays when he does not know the 44
Mounds View City Council April 14, 2003
Regular Meeting Page 4
answer to a question by stating that he does not know but will find out rather than bluffing his 1
way through an answer. 2
3
Mr. Mielhouse indicated he could not speak to the follow up of Mr. Ericson but would assume 4
that Mr. Ericson is thorough and does what he says he will do based on how he presents himself 5
and the dealings he has had with him as well as seeing the items brought back to Council as 6
requested. 7
8
Mr. Mielhouse indicated he was watching the recent Planning Commission meeting and the 9
matter of the house being constructed in the setback was being discussed and he was very 10
impressed with the honesty and integrity of Mr. Ericson when he admitted the mistake was made 11
and expressed that he did not feel the homeowner should have financial responsibility for an 12
error made by the City. Mr. Mielhouse then said that Mr. Ericson made no excuse for the error 13
that he believes was caused because Mr. Ericson has been asked to “wear too many hats.” 14
15
Mr. Mielhouse told Council he is aware that experience is an important criteria for the position 16
but he feels experience with the City is very important and he would not discount the value of 17
someone with so much knowledge about the City and the way the City runs. He then suggested 18
that Council be very careful when reviewing resumes because a resume is meant to impress the 19
reader but all too often the person who looks good on paper talks a good talk but cannot walk the 20
walk. 21
22
Mr. Mielhouse cautioned Council to carefully consider why a candidate would be leaving another 23
City to come to Mounds View and try to ascertain whether Mounds View would be taking on an 24
employee that has issues in their current position. 25
26
Mr. Mielhouse said that, in his opinion, the City has an excellent candidate in Mr. Ericson who is 27
a known quality to the City and who has shown that he not only talks the talk he can walk the 28
walk. 29
30
Mr. Mielhouse indicated that Mr. Ericson would bring instant stability to the City Administrator 31
position and the City would not have that with an unknown candidate and may not get that from 32
an unknown candidate. He then urged Council Members to consider Mr. Ericson as he feels he is 33
the right candidate for the job. 34
35
6. SPECIAL ORDER OF BUSINESS 36
37
A. Resolution No. 5984, Approving a Step Increase for Mike Schnur 38
39
Interim City Administrator Ericson indicated the step increase is in keeping with the City’s 40
personnel policy and the collective bargaining unit. The department head has made a 41
recommendation that the employee be approved for the increase. 42
43
MOTION/SECOND: Council Member Marty/Council Member Quick. To Approve Resolution 44
5984, a Resolution Approving a Step Increase for Mike Schnur. 45
Mounds View City Council April 14, 2003
Regular Meeting Page 5
1
Interim City Administrator Ericson read Resolution 5984. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
B. Resolution 5985, Approving a Step Increase for Pete Szurek 6
7
Interim City Administrator Ericson indicated the step increase is in keeping with the City’s 8
personnel policy and the collective bargaining unit. The department head has made a 9
recommendation that the employee be approved for the increase. 10
11
Interim City Administrator Ericson read Resolution 5985. 12
13
MOTION/SECOND: Council Member Quick/Council Member Marty. To Approve Resolution 14
5985, a Resolution Approving a Step Increase for Pete Szurek. 15
16
Council Member Marty pointed out that Mr. Szurek started employment with City in 1998 but 17
started this full time position in 2000. 18
19
Ayes – 5 Nays – 0 Motion carried. 20
21
C. Resolution No. 5986, Approving a Step Increase for John Hughes 22
23
Interim City Administrator Ericson indicated the step increase is in keeping with the City’s 24
personnel policy and the collective bargaining unit. The department head has recommended 25
approval of the increase. 26
27
Interim City Administrator Ericson read Resolution 5986. 28
29
Council Member Gunn asked the difference between level twos and threes versus B’s and C’s. 30
31
Public Works Director Lee indicated the difference is that Mr. Hughes is a custodial employee at 32
the Community Center and that is a different pay scale. 33
34
MOTION/SECOND: Quick/Marty. To Approve Resolution 5986, a Resolution Approving a 35
Step Increase for John Hughes. 36
37
Ayes – 5 Nays – 0 Motion carried 38
39
D. Resolution No. 5987, Authorizing the Hiring of Jeffrey Hayes as a Sanitary 40
Sewer Maintenance Employee 41
42
Public Works Director Lee addressed Council and indicated that Jeffrey Hayes is the number one 43
candidate for the sanitary sewer maintenance position. He then indicated that the City received 44
45 applications and Staff interviewed 14 candidates before making its recommendation. 45
Mounds View City Council April 14, 2003
Regular Meeting Page 6
1
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5987, a 2
Resolution Authorizing the Hiring of Jeffrey Hayes as a Sanitary Sewer Maintenance Employee. 3
4
Council Member Stigney commented that the City is at least two weeks away from knowing 5
what the legislature is doing with LGA and he feels it is premature to be hiring an employee that 6
the City may not be able to afford. 7
8
MOTION/SECOND: Stigney. To Table Resolution 5987 Until Such Time as it is Clear what 9
the Legislature Will do with LGA. 10
11
The Motion failed for lack of a second. 12
13
Council Member Marty indicated this position was discussed at the work session and the position 14
is necessary due to mandates the City has received and the extra work that those mandates will 15
create. 16
17
Public Works Director Lee indicated that this item was discussed at the work session on March 18
17 and it was noted that the salary for this position is funded out of the enterprise fund not the 19
general fund. 20
21
Council Member Quick asked whether the City gets any money for the mandates and who gives 22
those mandates. 23
24
Public Works Director Lee said the City does not get money for the mandates and they come 25
from state and federal agencies. 26
27
Ayes – 4 Nays – 1(Stigney) Motion carried. 28
29
E. Resolution No. 5988, Authorizing the Hiring of Marla Manypenny as a 30
Storm Sewer/Surface Water Maintenance Employee. 31
32
Public Works Director Lee reviewed Ms. Manypenny’s qualifications for Council and 33
recommended approval. 34
35
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5988, a 36
Resolution Authorizing the Hiring of Marla Manypenny as a Storm Sewer/Surface Water 37
Maintenance Employee. 38
39
Council Member Stigney indicated that he feels this hiring should wait in light of the potential 40
LGA cuts. 41
42
MOTION/SECOND: Stigney. To Table Approval of Resolution 5988 Until Such Time as the 43
City Knows the Effects of Cuts to LGA. 44
45
Mounds View City Council April 14, 2003
Regular Meeting Page 7
The Motion failed for lack of a second. 1
2
Council Member Marty clarified that these positions are already budgeted for and are not newly 3
created positions. 4
5
Public Works Director Lee indicated the positions have been in the budget since 1993 and are 6
paid for out of the enterprise fund. 7
8
Council Member Marty indicated that Mr. Hayes is also a qualified fireman so hiring him would 9
ensure another full time fireman on duty during the day. He then said that Ms. Manypenny is a 10
state registered EMT and he sees that as an asset to the City. 11
12
Council Member Stigney commented that he understood where the money comes from and that 13
is fees and those fees come from the same taxpayers’ pockets. He then said that regardless of 14
whether these positions are in the budget the money might not be there. 15
16
Council Member Quick asked if the funds could be commingled into the general fund. 17
18
Public Works Director Lee indicated they could not. 19
20
Mr. McCarty asked how Council Member Stigney intended to soften the impact of LGA cuts by 21
using enterprise funds. 22
23
Council Member Stigney indicated it is his position that the City does not know the impact of 24
LGA cuts and he would prefer to hold off on hiring until such time as the City does know what to 25
expect. He then said it may be necessary to redistribute the required work over the existing staff 26
rather than hire for the position if there is not money to fund it. 27
28
Mr. McCarty commented that Council Member Stigney does not understand the system. 29
30
Finance Director Hansen explained that the City set up enterprise funds for the water and sewer 31
and those are funded by fees that the City bills out on a quarterly basis and those are separate 32
from LGA and property tax. 33
34
Mayor Linke commented that the loss of LGA does not affect this fund. 35
36
Finance Director Hansen indicated that LGA cuts would not directly affect the fund. He then 37
added that there was a reallocation of Staff last fall to fund a full time person out of the storm 38
water enterprise fund due to the mandates for 2003. 39
40
Ayes – 4 Nays – 1(Stigney) Motion carried. 41
42
F. Resolution No. 5977, Authorizing Additional Compensation for 43
Administrative Assistant Desaree Crane for Working Outside of Job 44
Classification. 45
Mounds View City Council April 14, 2003
Regular Meeting Page 8
1
Interim City Administrator Ericson indicated this item is before Council because with the two 2
open positions in the Administration department Desaree Crane has been providing unbelievable 3
levels of support working outside of her job classification. He then indicated Staff is seeking 4
approval to provide additional compensation for the work that is outside her job classification 5
and noted that Ms. Crane is handling more than 75% of the duties formerly handled by Ms. Reed. 6
7
MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5977, a 8
Resolution Authorizing Additional Compensation for Administrative Assistant Desaree Crane 9
for Working Outside of Job Classification. 10
11
Council Member Marty said he would like to commend Ms. Crane publicly for helping keep the 12
City running as efficiently as it is. He then said that Mr. Ericson is serving as three employees 13
and Ms. Crane is assisting him. He further commented that he has seen all City employees 14
pitching in to cover duties and pick up the slack from the positions that are open and thanked 15
them for doing so. 16
17
Interim City Administrator Ericson thanked Council for the comments and thanked all Staff 18
members for the willingness to go above and beyond their job responsibilities to help out. 19
20
Ayes - 5 Nays – 0 Motion carried. 21
22
G. Resolution 5982, Authorizing the Expenditure of Funds for Employee Service 23
Award Certificates Consistent with Resolution 5617. 24
25
Interim City Administrator Ericson indicated that Resolution 5617 was approved in October of 26
2001 but has not been implemented. He then indicated that implementing the Ordinance as 27
approved would exclude 6 employees from service awards. 28
29
MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5982, a 30
Resolution Authorizing the Expenditure of Funds for Employee Service Award Certificates 31
Consistent with Resolution 5617 as Amended to Include the 6 Previously Excluded Employees. 32
33
Council Member Stigney indicated he has an issue with this Resolution as there is no cap on the 34
certificate amount. He then said that one employee will get a certificate for $125.00 and he 35
would prefer that there be a cap of $50.00. 36
37
Council Member Marty indicated that this Resolution was approved and not implemented. He 38
then said Council could consider setting a cap of $50.00 going forward. 39
40
Council Member Quick commented that setting a cap of $50.00 would make later years of 41
service not as valuable as the first years. 42
43
Council Member Stigney indicated he would like to know what other cities are doing. 44
45
Mounds View City Council April 14, 2003
Regular Meeting Page 9
Ayes – 4 Nays – 1(Stigney) Motion carried. 1
2
Council Member Marty indicated he is in favor of rewarding employees for their service to the 3
City and commented that it is not uncommon to find employees working after hours and on 4
weekends to ensure that the job gets done. 5
6
7. JUST AND CORRECT CLAIMS 7
8
A. Just and Correct Claims 9
10
Council Member Marty pointed out Check Number 110647 to Kennedy and Graven for the 11
Hammerschmidt matter for $846.00. He then asked if the $668 for Jakes Café was for the 12
parking lot. 13
14
Interim City Administrator Ericson indicated that the item references the easements the City is 15
trying to acquire for the trailway along County Road H2 in conjunction with the H2 16
reconstruction. He then indicated that the amounts are not reimbursable from Jake’s. 17
18
Council Member Marty asked if they were donating the land. 19
20
Interim City Administrator Ericson indicated that Jake’s is donating the land for the trailway but 21
the City has some expense in having easement documents prepared. 22
23
Council Member Marty asked for clarification on Check Number 110679 for $1,200 for the 24
water tank and asked if it was a final payment. 25
26
Public Works Director Lee indicated this would be the last bill submitted until the City 27
authorizes the project to move forward. 28
29
Council Member Marty asked what the miscellaneous item was for. 30
31
Public Works Director Lee indicated that SEH is the City’s City Engineer of record and each year 32
conducts an MSA survey for the City. The next item is for the Gustafson development for 33
engineering review of the site. The next item is for wells one and two to ensure that the City is 34
replacing the right parts. The final item is for mileage as the City pays SEH mileage to travel to 35
the site. 36
37
Public Works Director Lee indicated he is considering adding himself as the City Engineer so 38
that he can handle some of these issues rather than contracting with SEH. 39
40
Council Member Marty asked for further information on the County Road H sidewalk for $2,000. 41
42
Public Works Director Lee indicated that Staff is putting together a feasibility study for that to 43
provide to Council at the next meeting. 44
45
Mounds View City Council April 14, 2003
Regular Meeting Page 10
Council Member Marty asked for clarification on the Springsted item for continuing disclosure 1
for $635.00. 2
3
Finance Director Hansen indicated that the City Council approved retaining Springsted to ensure 4
that the financial information for the City is correct and available as part of the disclosure 5
requirement for any City issuing bonds. 6
7
Council Member Marty asked whether the paid off items should be removed from the Chart. 8
9
Finance Director Hansen indicated he would review the Chart to determine what could be 10
removed. 11
12
MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
B. Authorization for Expenditures 17
18
(1) Consideration of NLC Membership Expenditure 19
20
Interim City Administrator Ericson indicated that Staff brings consideration of the National 21
League of Cities Membership to Council for consideration and determination as to whether it is a 22
necessary expenditure in light of budget constraints. 23
24
Mayor Linke asked what the benefits of the membership are. 25
26
Interim City Administrator Ericson indicated the City receives the benefit of information from 27
the NLC as well as a weekly magazine and there is a national convention the City can send a 28
representative to that has many training opportunities. He then said that this national 29
membership may not be necessary provided the City maintains its membership with the 30
Minnesota League of Cities. 31
32
Council Member Gunn asked if the membership is being used. 33
34
Interim City Administrator Ericson indicated that use would be difficult to determine. He then 35
indicated that the City has sent representatives to the conferences and they return with valuable 36
information but, in light of budget constraints, it is doubtful that anyone would be sent to the 37
national conference. 38
39
MOTION/SECOND: Marty/Stigney. To Inform the National League of Cities of Mounds 40
View’s Intention to Terminate Membership. 41
42
Ayes – 5 Nays – 0 Motion carried. 43
44
Mounds View City Council April 14, 2003
Regular Meeting Page 11
8. CONSENT AGENDA 1
2
A. Licenses for Approval 3
B. Resolution No. 5989, Approving the Contract Award for the 2003 Tree Removal 4
Program 5
C. Resolution No. 5978, A Resolution Authorizing a Charitable Gambling Permit for 6
the South East Asian Community Council 7
D. Resolution 5981, Appointing an Alternate Mounds View Representative to the 8
North Suburban Cable Communications Commission 9
E. Resolution No. 5990, Approving Municipal State Aid Street System Additions 10
F. Resolution No. 5991, Requesting the Commissioner of Transportation to Conduct 11
a Speed Study on Edgewood Drive from County Road 10 to County Road H2 12
G. Resolution No. 5992 Proclaiming April 24, 2003, as Arbor Day 13
H. Resolution 5995, a Resolution Rescinding Resolution 5967 and Re-approving 14
Transfers Between Funds for the Year 2002 15
I. Resolution 5996, a Resolution Rescinding Resolution 5968 and Re-authorizing 16
Interfund Loans for the Year 2002 and Setting an Interest Rate on Loans 17
J. Set a Public Hearing for Monday, April 28, 2003 at 7:05 p.m. to Consider the 18
Introduction and First Reading of Ordinance 711, an Ordinance Amending the 19
Mounds View Zoning Code Pertaining to Pawnshops. 20
K. Set a Public Hearing for Monday, April 28, 2003 at 7:10 p.m. to Consider an 21
Amendment to the Planned Unit Development Agreement Associated with the 22
Property Located at 2442 County Highway 10 23
24
Council Member Marty asked that Items D, G, and I be removed for discussion. 25
26
MOTION/SECOND: Stigney/Marty. To Approve Consent Agenda Items A, B, C, E, F, H, J, 27
and K as Presented. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
Council Member Marty asked if the blank should be filled prior to approval. 32
33
Mayor Linke asked for a Council volunteer to take the alternate knowing Ms. Haake does not 34
require coverage very often. 35
36
Mayor Linke indicated he would like to appoint Peg Meyer to fill the position since no Council 37
Members are interested. 38
39
Council Member Marty suggested asking her whether she is interested and said he feels she 40
would be an excellent choice. 41
42
MOTION/SECOND: Marty/Gunn. To Table Item D to the Next Council Meeting to Allow 43
Staff Time to Contact Ms. Meyer to Determine her Interest in Serving on the North Suburban 44
Cable Communications Commission as an Alternate. 45
Mounds View City Council April 14, 2003
Regular Meeting Page 12
1
Ayes – 5 Nays – 0 Motion carried. 2
3
Council Member Marty indicated that Mounds View was recently re-certified as a Tree City 4
USA. 5
6
Interim City Administrator Ericson indicated the City has been a Tree City USA for 20 plus years 7
and that coincides with the first year the City began partnering with New Brighton for joint 8
forestry services. 9
10
Council Member Gunn read Resolution 5922. 11
12
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5992, a 13
Resolution Proclaiming April 24, 2003 Arbor Day. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
Council Member Marty indicated he wanted to point out that they have been coming up with new 18
TIF authorizations to increase the deadlines in TIF districts for some cities due to tax 19
compression but this City is in good enough shape that it will not have to extend deadlines. 20
21
Finance Director Hansen indicated that if the extension passes it will not affect Mounds View but 22
the City is at a point where it is time to make some decisions as to where to go with TIF districts. 23
24
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 5996, a 25
Resolution Rescinding Resolution 5968 and Re-Authorizing Inter-fund Loans for the Year 2002 26
and Setting an Interest Rate on Loans. 27
28
Council Member Stigney indicated that this would extend the golf course money from the special 29
projects, vehicle equipment and water funds in an amount a little over $1,000,000 for the year 30
2003. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
9. COUNCIL BUSINESS 35
36
A. Presentation by John Connelly, Executive Director of Minneapolis Metro 37
North Convention & Visitors Bureau. 38
39
John Connelly addressed the Council and provided a status report. 40
41
Mr. Connelly indicated that they are structured to promote tourism within the nine cities and are 42
partnered with the Twin Cities North Metro. 43
44
Mounds View City Council April 14, 2003
Regular Meeting Page 13
Mr. Connelly indicated that each member City has an appointed representative and there are 1
members from the inns promoted within the cities. He then indicated that there is a position 2
open for an innkeeper on the board. 3
4
Mr. Connelly indicated that Mounds View has good representation through the City and 5
Innkeeper positions. He then said that the CVB hit its marketing goals within its budget. 6
7
Mr. Connelly overviewed the benefits for Mounds View indicating the lodging tax goes to a 8
whole spectrum of internet marketing, special promotions, direct mail, print advertising and 9
sales. He then indicated that the CVB supports the community festival and has a marketing 10
agreement with the National Sports Center in Blaine. 11
12
Mr. Connelly indicated that Mounds View is in all of the advertising and all of the promotions as 13
well as on the Internet. 14
15
Council Member Stigney asked if there was anything that could be done to market the golf 16
course. 17
18
Mr. Connelly indicated that the CVB is a member of Explore Minnesota Golf Alliance and 19
promotes the course through that membership as well as through the Minnesota Office of 20
Tourism website. He then said that there are also initiatives for summer promotions promoting 21
golf. 22
23
Council Member Marty indicated there were two vacancies on the board and asked why the Days 24
Inn was selected as a representative. 25
26
Mr. Connelly indicated the general manager of the Days Inn had expressed interest previously but 27
there were no positions and now that there are she is the first in line to serve. 28
29
Council Member Marty asked whether the funds for the community festival are to be spent on 30
advertising. 31
32
Mr. Connelly indicated the intent is to spend the money on advertising the event through fliers 33
and radio adds to bring people from outside of the community in for the festival. 34
35
Finance Director Hansen indicated that $2,000 went directly to the Committee and never passed 36
through the City. 37
38
Council Member Quick asked if the funds should go to the City. 39
40
Mr. Connelly indicated that almost all entities that plan the festivals are 501C3 corporations so 41
the invoice goes directly to the festival committee. 42
43
Council Member Gunn indicated their application for 501C3 is before the IRS right now. 44
45
Mounds View City Council April 14, 2003
Regular Meeting Page 14
Mayor Linke indicated that one of the first things he did as the new Mayor was ask Mr. Backman 1
what he thought about the program and was told that Mr. Backman feels it is a valuable program 2
for the City. 3
4
Mr. Connelly indicated that it is nice to have the new Mermaid facility to promote. 5
6
Mayor Lin ke asked what kind of promotions are being done with the Community Center. 7
8
Mr. Connelly indicated the Community Center is an area he would like to expand on this year 9
promoting it for wedding showers, day meetings and receptions. He then indicated that updated 10
pictures would be taken prior to the meeting with the meeting planners in the fall. 11
12
Aaron Backman indicated that the CVB has been very effective in the marketplace and was 13
recently awarded a National Award. 14
15
Mr. Connelly thanked Mr. Backman for the recognition but said it is an award for all the nine 16
cities not just CVB. 17
18
Council Member Marty asked if there is intent to expand the number of cities. 19
20
Mr. Connelly indicated that Ham Lake has approached them. 21
22
Mr. Backman indicated that Ham Lake has only one property and it would not warrant hiring 23
additional staff. 24
25
Mr. Connelly thanked the City for the support 26
27
B. Resolution No. 5966, a Resolution Approving the Purchase of a New Police 28
Squad Car. 29
30
MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 5966, a 31
Resolution Approving the Purchase of a New Police Squad Car. 32
33
Council Member Marty asked whether the price included the police package, tax and license. He 34
then pointed out that the budgeted amount was $22,000 and the amount for approval is $20,877. 35
36
Chief Sommer indicated he believes the amounts include tax and the police package. 37
38
Council Member Marty asked for a status on the unmarked squad. 39
40
Chief Sommer indicated there are some cars without red lights on top of them. 41
42
Council Member Marty asked if the City really needs all the police department staff vehicles 43
because the taxes and insurance for them are costly. 44
45
Mounds View City Council April 14, 2003
Regular Meeting Page 15
Chief Sommer indicated he could look at reducing one of the older cars. 1
2
Council Member Marty then asked Staff to determine whether any of the other vehicles could be 3
eliminated and report back. 4
5
Public Works Director Lee indicated that he is conducting a study and the matter will be 6
discussed as part of the 2004 budget discussions. 7
8
Council Member Gunn asked what happens to the old squad. 9
10
Chief Sommer indicated it would be traded in or auctioned off. 11
12
Council Member Stigney asked Staff to look into which vehicle is better the old squad or 13
vehicles out front and keep the better of them. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
C. Resolution No. 5993, a Resolution Approving Submittal and Execution of the 18
City’s General Storm Water Pollution Prevention Program. 19
20
Public Works Director Lee reviewed the requirements for the City concerning the general storm 21
water pollution prevention program. 22
23
MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5993, a 24
Resolution Approving Submittal and Execution of the City’s General Storm Water Permit for 25
Small Municipal Separate Storm Sewer Systems (MS4s)/Storm Water Pollution Prevention 26
Program. 27
28
Council Member Marty commented that it appears that a lot of work was done and thanked Staff. 29
30
Public Works Director Lee indicated that Bonestroo did a very good job on the project. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
D. Second Reading and Adoption of Ordinance 710, an Ordinance Amending 35
Chapter 1111 of the Mounds View Zoning Code Pertaining to Permitted Uses 36
within the R-O Zoning District. 37
38
MOTION/SECOND: Quick/Marty. To Waive the Reading, Approve the Second Reading and 39
Adopt Ordinance 710, an Ordinance Amending Chapter 1111 of the Mounds View Zoning Code 40
Pertaining to Permitted Uses Within the R-O Zoning District. 41
42
ROLL CALL: Linke/Quick/Marty/Stigney/Gunn. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council April 14, 2003
Regular Meeting Page 16
1
E. Consideration of Resolution 5980, a Resolution Approving a Development 2
Review Request for a 780 Square Foot Building Expansion at 2865 County 3
Highway 10. 4
5
Interim City Administrator Ericson indicated that this item is a request for a development review 6
for the property owned by Greg Johnson at 2865 County Highway 10, Johnson’s Trailer Hitch. 7
Mr. Johnson would like to expand the business by 780 square feet bringing the building closer to 8
the house. He then indicated that the expansion would not increase any setbacks or encroach into 9
any setbacks and Staff does not feel that any neighbors would even see the expansion based on 10
the depth of the lots in the area. 11
12
Interim City Administrator Ericson indicated that the Planning Commission reviewed this 13
request and has unanimously recommended approval. He then noted that Mr. Johnson has 14
indicated that he intends to match the current exterior of the building and enhance the front with 15
a brick treatment to make the building more appealing. 16
17
MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5980, a 18
Resolution Approving a Development Review Request for a 780 Square Foot Building 19
Expansion at 2865 County Highway 10. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
F. Reconsideration of a Recommendation to Post the East Side of Greenfield 24
Avenue as “No Parking” 350 Feet South from the Corner of County Road I 25
and Greenfield Avenue. 26
27
Interim City Administrator Ericson indicated the Planning Commission, as requested, had 28
reviewed its recommendation for no parking and, after discussion, has upheld its prior 29
recommendation for no parking. He then indicated that the Commission discussed allowing four 30
parking stalls directly across from the business and posting no parking from that point to the 350 31
feet and was not necessarily opposed to the suggestion but felt Council could make that 32
determination. He further indicated that Staff has reviewed the parking situation and re-striping 33
the parking lot does not provide enough space to add any parking spaces but it is possible to 34
obtain two spots by expanding the parking lot. 35
36
Mayor Linke asked if Mr. Farrell had put it in writing that he would add the two additional stalls. 37
38
Interim City Administrator Ericson indicated that it had not been put in writing but Mr. Farrell 39
has expressed a willingness to add the two additional spots and is waiting for the second layer of 40
asphalt until a determination is made as to the parking. 41
42
Mr. Farrell indicated he would be willing to agree to expand the parking lot in writing and said 43
the asphalt company is waiting to hear from him about the expansion. 44
45
Mounds View City Council April 14, 2003
Regular Meeting Page 17
Council Member Marty indicated that Mr. Farrell would need to apply for a variance. 1
2
Mayor Linke indicated that Council is directing him to do this which means the variance would 3
be granted. 4
5
City Attorney Riggs indicated that contract zoning is illegal in Minnesota so Mr. Farrell would 6
need to go through the process. 7
8
Mayor Linke indicated he would like to have the stalls across the street but require that the two 9
stalls be added to the parking lot. 10
11
Council Member Gunn agreed. 12
13
Interim City Administrator Ericson indicated he had taken the liberty of amending the Resolution 14
from the last meeting to include the reference for the parking in front of the building. 15
16
Interim City Administrator Ericson indicated he had spoken to Mr. Zwirn who had indicated that 17
the parking in front of the business was not an issue for him. 18
19
Mayor Linke indicated he wanted to add requirements to the Resolution to require that the two 20
stalls be added within 90 days and that the applicant go through the variance process. 21
22
Interim City Administrator Ericson indicated that information could be added as a stipulation of 23
approval. 24
25
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 5975 as 26
Amended. 27
28
Council Member Stigney asked how the Planning Commission feels about this. 29
30
Interim City Administrator Ericson indicated the Commission is not necessarily opposed to the 31
parking but they felt they wanted to maintain the recommendation as originally stated. 32
33
Council Member Quick indicated there is no parking on the west side of Greenfield and asked 34
why the City would not consider allowing parking in front of the building on the west side of 35
Greenfield. 36
37
Interim City Administrator Ericson indicated that parking on both sides of Greenfield may pose a 38
safety issue. 39
40
Council Member Quick commented that there would be nothing to prevent the apartment 41
residents from parking in the four stalls across from the business. 42
43
Interim City Administrator Ericson indicated he would ask the Planning Commission to consider 44
parking on the west side of the street when the variance is considered. 45
Mounds View City Council April 14, 2003
Regular Meeting Page 18
1
Ayes – 5 Nays – 0 Motion carried. 2
3
G. Resolution No. 5983, a Resolution Approving Agreement for Professional 4
Services for Golf Lessons – Manthis Contract. 5
6
Golf Course Manager Burg indicated the course has a need for golf pros to accomplish the task 7
of offering golf instructions and she has come to Council for permission to fill the position. 8
9
Council Member Marty asked if this is the same contract as was used for the last couple of years. 10
11
Golf Course Manager Burg indicated it is the exact same contract. 12
13
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 5983, a 14
Resolution Approving Agreement for Professional Services for Golf Lessons – Manthis Contract. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
Council Member Marty asked if Ms. Burg had heard anything from the Chamber on the request 19
for charitable gambling funds. 20
21
Golf Course Manager Burg indicated she had received a letter from the Chamber that the 22
Chamber could donate $1,500 and said she would be seeking other funding sources for the 23
remaining amounts. 24
25
10. REPORTS 26
27
Council Member Quick asked Interim City Administrator Ericson to request that the police 28
department provide reports on administrative offenses, moving violations, speeding, license 29
plates expired, overnight parking, etc., on the same time frame that the police reports are 30
provided. 31
32
Council Member Marty had no report. 33
34
Council Member Stigney asked for a status on the garage setback on Long Lake Road. 35
36
Council Member Gunn had no report. 37
38
Mayor Linke indicated it was his pleasure to go to the rotary function at the Mermaid and 39
indicated the City would not see a bill for that. 40
41
Interim City Administrator Ericson updated council on the garage setback issue indicating that 42
the Planning Commission would be working to change the zoning code to make it more clear. 43
He then said that the City gave the developer three options, apply for a variance, move the entire 44
structure back, or remove 11 feet from the garage and the developer opted to apply for a variance. 45
Mounds View City Council April 14, 2003
Regular Meeting Page 19
1
Interim City Administrator Ericson indicated that there was input from the community and after a 2
lot of discussion and consideration the Planning Commission approved the variance for the 3
setback. He then said that this same issue will need to be revisited with the two southern lots 4
within that development. 5
6
Council Member Marty commented that he had heard that there was a study that traffic slows 7
down when the houses are setback at varying setbacks. 8
9
Interim City Administrator Ericson indicated that it is true that the speed at which people travel is 10
directly related to the surroundings and varies depending upon those surroundings. 11
12
Interim City Administrator Ericson at last meeting at work session talked about purchasing 13
policy and a question was raised about meal allowances. He then indicated that the meal 14
allowance is based on the IRS guidelines and that was $44.00 last year and is $50.00 this year 15
breaking out to 25% for breakfast, 30% for lunch and the remainder for dinner. 16
17
Interim City Administrator Ericson indicated there was a second meeting of the YMCA 18
Executive Advisory Committee that Council Members Gunn and Marty attended. He then 19
indicated that the Committee is reviewing the agreement and brainstorming as to what could or 20
should be done to make the programs and operation better. The next meeting is Tuesday, May 21
27, 2003. 22
23
Council Member Marty indicated it was discussed at that meeting whether the YMCA should be 24
required to make quarterly reports to Council. 25
26
Council Member Quick asked if the meeting was televised. 27
28
Interim City Administrator Ericson indicated it was not. 29
30
Council Member Quick asked if it should be. 31
32
Interim City Administrator Ericson indicated Council had discussed whether to televise those 33
meetings and had made the determination not to but there is no reason why it could not be. 34
35
Mayor Linke asked Staff to contact the Cable Committee to determine whether there is time for 36
telecasting that meeting. 37
38
Interim City Administrator Ericson indicated that Mr. Gammel is limited to 20 hours per week 39
but said he would check with the other two technicians for availability. 40
41
Council Member Stigney indicated that there was once a Charter Commission meeting at the 42
Community Center and there was a still camera used to tape it and then it was replayed. 43
44
Mounds View City Council April 14, 2003
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11. APPROVAL OF MINUTES 1
2
A. City Council Minutes February 24, 2003 3
4
Council Member Marty asked whether the firm that installed the audio at the Community Center 5
was going to come to Council as requested. 6
7
Interim City Administrator Ericson indicated they have said they did not wish to do so but the 8
City has received the schematics as requested as well as a $200.00 reduction and apologies for 9
how the process was handled. 10
11
Council Member Stigney asked whether there was an explanation of the antennae cable. 12
13
Interim City Administrator Ericson indicated that he would need to obtain clarification on that. 14
15
Council Member Marty asked if Chief Sommer was looking into requiring thumbprints. 16
17
Council Member Marty requested the following change: On Page 15, Line 16 and 17 add 18
Senator Bernardy and Representative Betzold. 19
20
Council Member Stigney asked why Staff went ahead and paid them because he thought payment 21
approval would come before Council. 22
23
Interim City Administrator Ericson indicated the Resolution approved authorized Staff to release 24
payment once the requested information was received. 25
26
MOTION/SECOND: Marty/Gunn. To Approve the City Council Minutes of February 24, 2003, 27
as Amended. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
B. City Council Minutes, Monday, March 24, 2003 32
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Council Member Marty requested the following change: On Page 3, Lines 14 and 15 indicate 34
that he noted that a breakdown in January would have cost far more than the alternative pump by 35
possibly shutting the City down for a week or two. 36
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MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes of March 24, 2003, 38
as Amended. 39
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Ayes – 5 Nays – 0 Motion carried. 41
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Council Member Marty indicated he would like to commend the recording secretary as the 43
quality of the Minutes has been excellent. 44
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Mounds View City Council April 14, 2003
Regular Meeting Page 21
12. Next Council Work Session: Monday, May 5, 2003 1
Next Council Meeting: Monday, April 28, 2003 2
3
13. ADJOURNMENT 4
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Mayor Linke adjourned the meeting at 9:26 p.m. 6
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Transcribed and recorded by: 9
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Joan Lenzmeier 12
Timesaver Off Site Secretarial, Inc. 13