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HomeMy WebLinkAboutAgenda Packets - 2003/06/09CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, June 9, 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 A. Senator Don Betzold and Representative Connie Bernardy Presentation to City Council and residents. 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 6031 Supporting Arden Hills in their Opposition to a Proposed Postal Distribution Facility C. Set a Public Hearing for Monday, June 23, 2003 at 7:05 p.m. to Consider a Conditional Use Permit for an Oversized Garage at 5220 Edgewood Drive D. Set a Public Hearing for Monday, June 23, 2003 at 7:10 p.m. to consider the Second Reading and Adoption of Ordinance 716 Amending the Zoning Code. E. Resolution Authorizing Support of the Mounds View Community Theatre F. Resolution 6025 Approving purchase of a replacement Police Radar Unit G. Resolution 6028 Authorization to add a fax option to the Police Department Copy Machine. H. Resolution 6022 Approving the Contract for with Golf Score Cards I. Resolution 6030 Authorizing Contracts for Employee Disability Insurance 9. COUNCIL BUSINESS A. 7:05 pm Public Hearing and Consideration of a Requested Appeal of the Planning Commission’s Denial of a Variance at 7622/7624 Woodlawn Drive (Ericson) B. 7:10 pm Public Hearing and Consideration of Resolution 6026 regarding an Off- sale Intoxicating Liquor License for Budget Liquor; 2577 County Highway 10 C. 7:15 pm Public Hearing and Consideration of Resolution 6027 regarding an Off- sale Intoxicating Liquor License for ABC Liquor; 2840 County Highway 10 D. Resolution 6023 Accepting the Annual Financial Report for the Year Ended December 31, 2002 (Hansen) City Council Agenda June 9, 2003 Page 2 E. Police Department Quarterly Report (Chief Sommer) F. Golf Course Quarterly Report (Burg) G. Resolution 6029, a Resolution Rescinding Resolution 6001 and Reauthorizing Purchase of Golf Cars (Burg) H. Consideration of Development Review Requests for Properties Located at 2436 and 2442 County Highway 10 (Ericson) I. Introduction and First Reading or Ordinance 716, an Ordinance Amending Section 1108.04 of the Mounds View Zoning Code Pertaining to Conditional Uses within the R-3 Zoning District (Ericson) 10. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 11. APPROVAL OF MINUTES A. City Council Minutes, Tuesday, May 27, 2003 12. Next Council Work Session: Monday, July 7, 2003 Next Council Meeting: Monday, June 23, 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: June 9, 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. Flare Heating and Air Conditioning – HVAC - Renewal Staff Recommendation: Approve license applications as requested. Item No: 8B Meeting Date: June 9, 2003 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Interim City Administrator Item Title/Subject: Resolution 6031 Supporting Arden Hills in their Opposition to a Proposed Postal Distribution Facility on TCAAP Land Introduction: It has been widely publicized that the post office is considering a relocation from its downtown St. Paul location. The one location being considered by the post office is 88 acres on the TCAAP property. Discussion: Arden Hills and neighboring communities oppose such a relocation as it is inconsistent with the “Vento Plan” and would be incompatible with their redevelopment efforts of the TCAAP site. Such a use would severely impact the transportation system and would potentially impact the City of Mounds View as well, given our proximity to the TCAAP site and the linkages through Highway 10, County Road I, County Road H and I-35 W. Arden Hills has asked that all coalition cities adopt a resolution opposing the relocation of the post office distribution facility to the TCAAP land and the I-35W Corridor Coalition Board of Directors has already adopted such a resolution. While it does appear that the post office will now begin to consider other options in response to vocalized opposition, the City of Mounds View should make its position known regardless. Recommendation: Adopt the attached Resolution 6031, a resolution opposing a relocated and consolidated postal distribution facility on the TCAAP site in Arden Hills. _____________________________________ James Ericson Interim City Clerk/Administrator Attachments: 1. Res. 6031 RESOLUTION NO. 6031 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION OPPOSING THE RELOCATION OF A POSTAL SERVICE DISTRIBUTION FACILITY TO THE TCAAP PROPERTY WHEREAS, the City of Mounds View shares a common municipal boundary with the City of Arden Hills and is linked by Interstate 35W, County Road H and Highway 10; and WHEREAS, the Twin Cities Army Ammunition Plant (TCAAP), located in Arden Hills, represents one of the largest tracts of developable land available in the metropolitan area; and WHEREAS, the late Congressman Bruce Vento formed the TCAAP Reutilization Committee on August 30, 1994 to recommend the long range conceptual uses for the TCAAP site ultimately resulting in the adoption of the resolution commonly referred to as the Vento Plan; and WHEREAS, The City of Arden Hills formed its own TCAAP Reuse Task Force, a 14 member group beginning in May 1995. The task force met on average 3 times per month and held four public hearings the result of which was the TCAAP Framework Plan which was ultimately incorporated into the City’s Comprehensive Plan; and WHEREAS, a stated goal of Arden Hills’ Comprehensive Plan, which has been approved by the Metropolitan Council, is to “Develop the TCAAP land sequentially as it is released, with integrated land uses according to the TCAAP Framework Plan;” and WHEREAS, in an effort to accommodate new residents in the Twin Cities area in the future, the Metropolitan Council calls for growth and redevelopment along transportation corridors; and WHEREAS, reuse of the TCAAP property consistent with the Vento Plan and TCAAP Framework Plan has the ability to accomplish significant public policy objectives including: 1. Remediation of the wildlife corridor area; 2. Accommodating additional job and population growth by taking advantage of existing infrastructure; 3. Reduced highway congestion by improving the transportation system around the TCAAP property to improve local and regional traffic flow; 4. Growth in the property tax base for Arden Hills, the Mounds View School District, Ramsey County, and the region through fiscal disparities tax base sharing; 5. Increased housing production that reflects market demand, changing demographics, and employment locations; 6. Increased recreational facilities to accommodate the identified lack of baseball fields, soccer fields, along with other needs currently being evaluated; 7. Offsetting enrollment and revenue declines in the Mounds View School District through residential development designed to attract families; WHEREAS, a letter of interest was sent to the General Services Administration for the early transfer of TCAAP to the City of Arden Hills; and WHEREAS, Arden Hills is leading a planning process to determine its vision for the redevelopment of TCAAP based on the Vento Plan and the TCAAP Framework Plan; and WHEREAS, the City of Arden Hills is a city of 9,700 residents occupying 9.4 square miles, of which TCAAP represents 38% of the total land area in Arden Hills; and WHEREAS, TCAAP represents an opportunity for Arden Hills and the north metro region to secure the long range future of its residents that will allow Arden Hills to foster new growth that is complimentary with the existing feel and vision of Arden Hills providing for economic development, housing opportunities, and recreational access in a connected community; and WHEREAS, the United States Postal Service has expressed its desire to locate a new and consolidated major distribution facility to the TCAAP site; and WHEREAS, the presence of the United States Postal Service on the TCAAP site will risk the financial viability of the TCAAP redevelopment by providing fewer acres to offset the costs for remediation necessary to implement the late Congressman Bruce Vento’s vision for the site. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View, Minnesota, has determined: 1. The proposed post office facility is not compatible with the vision of the Vento Plan or the TCAAP Framework Plan since a large postal distribution facility will negatively impact the mixed use character of the Vento Plan so as to endanger, if not preclude housing, commercial, and recreational development. 2. That to adopt a disjointed development model involving the United States Postal Service would undo the years of regional planning and preparation by numerous individuals and groups to prepare for the reutilization of the site. 3. That a large postal distribution facility would create more adverse noise, traffic, and visual impacts than any other use indicated in the Vento Plan. 4. That this use does not promote the health, safety and welfare of the citizens of Arden Hills and would have the potential to adversely impact the residents of Mounds View. NOW, THEREFORE BE IT FINALLY RESOLVED, the City Council of the City of Mounds View strongly opposes the location of a postal service distribution facility on the TCAAP property. Adopted this 9th day of June, 2003. Jerry Linke, Mayor ATTEST: ____________________________________ James Ericson, Interim City Administrator (SEAL) Item No:8F Meeting Date: June 9, 2003 Type of Business:CA 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: Mike Sommer, Police Chief Item Title/Subject: Replacement/Purchase Police Radar Unit Date of Report: June 9, 2003 Background: A dual antenna, “MPH BEE 36” speed detection radar unit has been in service in various Mounds View squad cars since 1988. In recent years the unit has been taken in for repairs, which continue to become more frequent. In the 2003 budget $1,700 was allocated to replace this unit. This budgeted amount was based on a quote for a single antenna, basic function Doppler speed detection radar unit. Discussion: With the advent of Laser being used as a speed detection tool, numerous advances in radar technology have occurred to make radar more competitive with that of Laser. Some significant improvements in new radar devices include the ability to more accurately pinpoint a specific lane of travel of targeted vehicles. Previously, radar transmitted a “shotgun” shaped signal that widened with distance. New radar units now also have the ability to determine the speed of vehicles closing in on a squad car from the rear (when a dual/rear antenna is installed), and can also determine the speed of vehicles pulling away from a squad car when both vehicles are moving. Previous Doppler radar models, such as the MPH BEE 36, could only detect the speed of oncoming vehicles when the squad car was in motion. Older radar units could also only detect the speed of vehicles approaching AND pulling away when the squad car was sitting stationary. As shown above, the features and capabilities of the newest available radar technology provides significantly more opportunity to enforce state speed laws. Recommendation: Three quotes were obtained after researching features and capabilities of various radar manufacturers and models. The recommended make/model by both the Ramsey County Sheriff’s Department and the State Patrol is the “Stalker DSR (Direction Sensing Radar). A dual antenna model is recommended to make maximum use of the Stalker’s capabilities. The three bids that were obtained for the Stalker DSR were: $3312.00, $2743.00, and $2576.00. The lowest obtained bid was that provided through the State Bid Program, which expires on 6/30/03. Because $1700.00 was budgeted, an additional amount up to $1100.00 is needed in order to purchase the recommended unit at the lowest available price. The additional funds could be made up through a dispersement from the police forfeiture fund. These funds have certain restrictions on their use, and purchase and or upgrade of police equipment is an allowable expenditure. _______________________ Respectfully submitted by Mike Sommer, Police Chief RESOLUTION 6025 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE PURCHASE OF A NEW SPEED DETECTION RADAR UNIT AS A REPLACEMENT TO AN EXISTING UNIT WHEREAS, the Mounds View Police Department is currently utilizing a “MPH BEE 36” dual antenna speed detection radar unit, which has been in service since 1988; and, WHEREAS, the MPH BEE 36 has recently been in more frequent need of service and repair; and, WHEREAS, $1700.00 was budgeted in 2003 for the replacement of one radar unit, this amount being based on a quote for a basic feature, single antenna model; and, WHEREAS, after obtaining research and recommendations from other law enforcement agencies, the “Stalker DSR” dual antenna model comes highly recommended; and, WHEREAS, the state bid price of $2576.00 + tax of $167.00 (total of $2743) for the Stalker DSR was the lowest price obtained, and the bid expires on June 30, 2003; and, WHEREAS, the amount of $5,500 was budgeted in the police forfeiture fund in 2003 for unspecified equipment or matching amounts for grants; and WHEREAS, the additional necessary funds up to $1100.00, will be made up from monies available from the police forfeiture fund. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize staff to purchase one “Stalker DSR” speed detection radar unit utilizing $1700.00 from the police equipment budget and up to $1100.00, from the police forfeiture fund. Adopted this 9th day of June, 2003. _______________________________ Jerry Linke, Mayor ATTEST _______________________________ James Ericson, Acting City Clerk / Administrator (SEAL) Item No:08G Meeting Date: June 9, 2003 Type of Business:CA 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: Mike Sommer, Police Chief Item Title/Subject: AUTHORIZATION TO ADD FAX MACHINE OPTION TO POLICE DEPARTMENT COPIER Date of Report: June 9, 2003 Background: In June 2003 a new copying machine was acquired for the police department. It has since come to our attention that an option of having fax capabilities added to the new copier is possible. The old fax machine is about 6 years old, and has been the focus of an average of three service calls per year for the past 2 years, and is currently broken. Each service call is charged at a minimum rate of $65.00, plus any necessary parts or supplies. In addition to these costs, the police department must periodically replace the toner cartridge at a cost of $130.00. Toner cartridge replacement is required about every 12-14 months, and occasionally a new drum is also required at a cost of $100.00. Discussion: Having the fax option added to the new copying machine will cost an additional amount of $20.41 per month. This fee includes the cost of having the fax feature added and activated, all future repair costs under the service contract, and replacement of all necessary supplies, such as toner cartridges and drums. Incorporating fax capabilities into the new copier will also free up space in our records/copier room by eliminating one piece of equipment. This would be a 60-month term on the service/lease agreement. Recommendation: Staff seeks authorization to add the fax option to the current service/lease agreement at a cost of an additional $20.41 per month, for a 60-month term. _______________________ Respectfully submitted by Mike Sommer, Police Chief RESOLUTION 6028 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE ADDITION OF A FAX OPTION TO POLICE DEPARTMENT COPIER WHEREAS, the Mounds View Police Department acquired a new copier in June 2003; and, WHEREAS, it was later discover that the new copier had the capability to be programmed to operate as a fax machine; and, WHEREAS, the existing fax machine in the police department is 6 years old and has been in need of significant maintenance and repair over the past two years, and is currently broken; and, WHEREAS, for $20.41 per month the fax option, along with all necessary and ongoing maintenance and supplies, can be added to the new copier lease agreement for a 60-month term; and, WHEREAS, the additional cost of $20.41 per month added to the current lease agreement will save the police department money, based on the past two years maintenance and repair history for the current fax machine; and, WHEREAS, incorporating a fax feature into the current new copier will eliminate one piece of equipment and free up space in the records/copier room. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize staff to amend the current lease agreement for the newly obtained copier to include the addition and ongoing maintenance for adding fax capabilities, at a cost of $20.41 per month for a 60-month term. Adopted this 9th day of June, 2003. _______________________________ Jerry Linke, Mayor ATTEST _______________________________ James Ericson, Acting City Clerk / Administrator (SEAL) Item No. 8H Type of Business: CB Meeting Date: June 9, 2003 City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Subject: Resolution No. 6022 Approving the Contract for Scorecards Background As the Council is aware, golf courses provide customized scorecards to their patrons to keep score on. The cards allow course the opportunity to self-advertise and provide other useful information to their customers. Naturally, there is a cost to print and distribute scorecards. Since the course opened, The Bridges has been under contract with Golf Score Cards, a business that has provided scorecards to The Bridges at no cost whatsoever. Their contract is up for renewal at this time. Discussion It is essential to provide scorecards for the patrons at The Bridges Golf Course. Golf Score Cards (GSC) provides the cards at no cost to the course. The Bridges Golf Course uses more than 20,000 cards per year. The cost savings to the City of Mounds View is approximately $3,000 to $4,000 per year. GSC furnishes high quality cards at no expense to The Bridges by engaging in the selling of advertisements that are printed on the scorecards. The Bridges would exclusively use the cards furnished by GSC according to the agreement. GSC is a provider of scorecards to other municipal and private golf courses. Some of which include The City of New Brighton’s Brightwood Hills Golf Course, Roseville’s Cedarholm, Kate Haven, and Island Lake Golf Course to name a few. GSC has a history of providing high quality cards on time as agreed upon according to the contract. The appearance of the cards is at the discretion of the management at The Bridges. This is a trouble free management of the inventory. The cards come automatically and on time. It is at great cost savings to The Bridges. This is the third renewal cycle of the contract. The City Attorney has reviewed the contract and has suggested changes in order to protect the interests of the City. These recommendations are as follows: • The City of Mounds View be indemnified from liability due to any errors printed on the scorecards. • In the unlikely event any litigation was to arise, the “venue” would be designated as Ramsey County, Minnesota rather than from Burbank, California. • The proposed contract automatically renews; it should be renewed by Council action only. • There should be an early termination clause or language allowing for such. GSC has accepted the recommended changes with the exception of adding an early termination clause. Understandably, GSC needs a guaranteed contract to ensure profitability as much of the expense occurs at the front end of the contract. If the contract were terminated in the beginning years, GSC would experience a financial loss and would compromise their ability to produce the cards at a profit. GSC will only consider entering into a multi year agreement. Recommendation Staff recommends that the Council authorize the renewal of the agreement with GSC for the term of five years. Respectfully Submitted, Mary Burg, Golf Course Manager RESOLUTION NO. 6022 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A FIVE-YEAR CONTRACT WITH GOLF SCORE CARDS TO PROVIDE SCORE CARDS TO THE BRIDGES GOLF COURSE WHEREAS, the current contract with Golf Score Cards (GSC) is up for renewal; and, WHEREAS, GSC provides scorecards to the Bridges Golf Course at no cost to the City; and, WHEREAS, the City Attorney has reviewed the contract renewal and has recommended changes which have been accepted by GSC; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council agrees to the amended provisions of the five-year guaranteed contract. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council authorizes execution of a five-year contract with GSC to provide golf scorecards to the Bridges Golf Course at no expense to the City. Adopted this 9th day of June 2003. ______________________________ Jerry Linke, Mayor (ATTEST) _______________________________ James Ericson, Interim City Administrator (SEAL) Item No. 8 I Type of Business: CA 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: Charles Hansen, Finance Director Item Title/Subject: Resolution 6030 Authorizing Contracts for Employee Disability Insurance Meeting Date: June 9, 2003 City employees have expressed an interest in having short-term and long-term disability insurance made available to them through the City’s benefit program. The League of Minnesota Cities sponsors plans providing this coverage. Participation in the insurance is voluntary. Employees who chose to participate would pay their own premiums. The only cost to the City would be the administrative cost of deducting the premiums from employee paychecks and forwarding it to the insurance companies. United Wisconsin Group provides the short-term disability insurance. Fortis Benefits Insurance Company provides the long-term disability insurance. Each company would need to establish a contractual relationship with the City of Mounds View. The attached resolution authorizes the Mayor to sign contracts with these companies. Respectfully Submitted, ____________________ Charles Hansen RESOLUTION NO. 6030 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING CONTRACTS FOR EMPLOYEE DISABILITY INSURANCE WHEREAS, City deems it to be advisable to have long-term and short-term disability insurance available as part of its employee benefit package; and WHEREAS, long-term and short-term disability insurance policies are available through the League of Minnesota Cities; and WHEREAS, employees would pay the premiums by the means of a deduction from their paychecks. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View that the Mayor is authorized to sign contracts for long-term and short-term disability insurance policies. Adopted this 8th day of June, 2003. Jerry Linke, Mayor ATTEST: James Ericson, Interim City Administrator SEAL Item No: 9A Meeting Date: June 9, 2003 Type of Business: PH & CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Public Hearing and Consideration of an Appeal of the Planning Commission’s Denial of a Variance Request for a 41-Foot Curb Cut Width Introduction: On September 16, 2002, Violet Woods, owner of the duplex at 7622–7624 Woodlawn Drive, applied for a variance after she was notified that the driveway expansion she installed (without a permit) violated the Zoning Code because it was too wide. The subject property is zoned R-2, Single and Two-Family Residential. Ms. Woods applied for the variance to keep the non-conforming driveway. On October 16, 2002, the Planning Commission held a public hearing to consider the variance request. Staff presented the report and recommended denial of the variance as no hardship was evident and because no permit was obtained for the driveway expansion, and had the owner applied for a permit, she would have been told her proposal was not consistent with the Code. After some discussion and review of the criteria, the Planning Commission approved Resolution 714-02, a resolution denying the variance request. On October 17, 2002, the day following the denial, a letter was sent to the property owner informing her that her variance request had been denied. A half-year later, Ms. Woods submitted a request to appeal the variance denial to the City Council. Discussion: Section 1121.09 of the Mounds View Zoning Code, entitled “Stall, Aisle and Driveway Design,” articulates the driveway and curb cut width regulations for each zoning district. R-2 properties are allowed the following: R-2 Max Driveway Width Width of garages, or 36 feet, whichever is greater R-2 Max Curb Cut Width 32 feet The property owner expanded the driveway toward the street to match a previous driveway expansion installed by the previous property owner. At 41 feet in width, the driveway exceeds the maximum allowed by five feet and the curb cut exceeds the maximum allowed by nine feet. Refer to the site plan on the next page. Woods Variance Appeal June 9, 2003 Page 2 The new driveway addition (identified with the dashed lines) has already been completed. The applicant indicated she was unaware that a permit was necessary to complete the work. When the applicant was notified of the need for a zoning permit, it was discovered that the addition was in violation of the Zoning Code and a variance would be necessary to allow the addition to remain. There are two issues to consider in regards to this request: 1. The curb-cut width -- The width at the point where the driveway and street meet. 2. The driveway width -- The width at any point of the driveway. Curb-Cut Width. As shown on site plan above, the driveway was expanded to include a new section of pavement located at the southwestern portion of the driveway adjacent to Woodlawn Drive. The new section increased the curb-cut width at the street from 26 feet to 41 feet. According to Section 1121.09, Subd. 5(b) of the Zoning Code, the maximum curb cut width allowed in an R-2 zoning district is 32 feet. The driveway, including the expansion, is 41 feet, nine (9) feet greater than allowed. NEW W O O D L A W N D R I V E Woods Variance Appeal June 9, 2003 Page 3 Driveway Width. The driveway, as it existed prior to the expansion, was already nonconforming. The width of the driveway at its widest point was/is 41 feet, including the area that extends beyond the south face of the garage. According to Section 1121.09, Subd. 1(b) of the Zoning Code, the maximum width allowed for driveways in an R-2 zoning district is 36 feet. The driveway exceeds the maximum by five (5) feet. Hardship Standards: For a variance to be approved, there needs to be demonstrated substantial hardship or practical difficulties associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body review a set of specified criteria for each application and make a decision in accordance with these criteria. These criteria were addressed and reviewed by the Planning Commission at their public hearing. The criteria and the Planning Commission’s responses, are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The property is zoned R-2 and is improved with a duplex, which is not uncommon within the City. All properties zoned R-2 are required to comply with the driveway and curb cut width requirements identified in the Zoning Code. The lot is not irregularly shaped and is relatively flat, which is similar to the majority of properties within the City. There does not appear to be any exceptional or extraordinary circumstances associated with this property According to Ms. Woods, cars parked along the opposite side of Woodlawn Drive frequently turn around using the applicant’s driveway, and frequently miss the driveway, thus driving on the area that is now paved. The Planning Commission did not feel that the location of the property, across the street from a multifamily housing facility with on street parking, was a hardship. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The subject property seems to be similar to the majority of properties in the same zoning district. The literal interpretation of the provisions found in the Zoning Code may not deprive the applicant of rights enjoyed by other properties in the same zone. c. That the special conditions or circumstances do not result from the actions of the applicant. The property owner installed the driveway expansion without a permit Woods Variance Appeal June 9, 2003 Page 4 d. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance may confer upon the property owner a special privilege denied to others in the same district unless it is determined that a hardship is present. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Granting the variance to permit the driveway and curb cut to remain as is would be the minimum variance to alleviate what the property owner considers a hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting the variance without any demonstrated hardship would be materially detrimental to the purpose of this Title or to other property in the same zone. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The proposed variance would not result in any of the above-cited adverse effects. Based upon the above criteria and responses, the Planning Commission did not feel a variance was justified due to a lack of demonstrated hardship. As such, the Planning Commission adopted Resolution 714-02 which denied Ms. Woods’ variance request. Recommendation: Staff recommends that the City Council affirm the Planning Commission’s action denying the requested variance. Resolution 6032 has been prepared to accomplish this. If the Council believes sufficient hardship DOES exist, direction should be given to staff to rewrite the resolution with clearly identified responses to the hardship criteria and bring it back for consideration at your next meeting on June 23, 2003. _____________________________________ James Ericson Interim City Clerk/Administrator ZONING MAP Ms. Woods’ Appeal Letter MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 714-02 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FROM THE MAXIMUM CURB-CUT WIDTH REQUIREMENT TO ALLOW A PREVIOUSLY CONSTRUCTED DRIVEWAY ADDITION TO REMAIN; PLANNING CASE NO. VR02-011 WHEREAS, Violet Woods has applied for a variance from the maximum curb-cut width requirement to allow a previously constructed driveway addition to remain on the property located at 7622/7624 Woodlawn Drive; and, WHEREAS, the subject parcel is legally described as follows: Park View Terrace Block 2, Lot 14 Ramsey County, State of Minnesota WHEREAS, the parcel is zoned R-2, Single and Two-Family Residential; and, WHEREAS, the maximum curb-cut width allowed in R-2 zoning districts is 32 feet; and, WHEREAS, the applicant has constructed a driveway addition that increased the curb- cut width to 41 feet; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Application 2. Zoning Map 3. Location Map 4. Site Plan 5. Staff Report WHEREAS, the Planning Commission held a public hearing regarding this request on October 16, 2002; and, WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The property is zoned R-2, Single and Two-Family Residential. 2. The maximum curb-cut width allowed in R-2 zoning districts is 32 feet. 3. A driveway addition has been constructed on the property, which increased the curb- cut width to 41 feet. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-2. 5. The literal interpretation of the Code would NOT deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. Granting a variance in this case WOULD confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance WOULD be materially detrimental to the purpose of this Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the hardship criteria, testimony presented at the public hearing and the identified findings of fact, does hereby deny the variance request for a driveway expansion on the property located at 7622/7624 Woodlawn Drive. Adopted this 16th day of October, 2002. _________________________________________ Gary Stevenson, Chairperson Attest: _________________________________________ James Ericson, Community Development Director (Seal) RESOLUTION NO. 6032 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DENIAL OF A VARIANCE REQUESTED BY VIOLET WOODS FOR A 41-FOOT DRIVEWAY AND CURB CUT WIDTH; PLANNING CASE NO. VR02-011 WHEREAS, Violet Woods applied for a variance from the maximum curb-cut and driveway width requirement to allow a driveway expansion to remain on her property located at 7622 - 7624 Woodlawn Drive; and, WHEREAS, the subject parcel is legally described as follows: Block 2, Lot 14, Park View Terrace Ramsey County, State of Minnesota WHEREAS, the parcel is zoned R-2, Single and Two-Family Residential; and, WHEREAS, the maximum curb-cut and driveway width allowed in R-2 zoning districts is 32 feet and 36 feet, respectively; and, WHEREAS, the applicant has constructed a driveway addition that increased the curb-cut width to 41 feet; and, WHEREAS, the Planning Commission held a public hearing on October 16, 2002 and based on their review of the facts and their assessment of the hardship criteria, the Planning Commission adopted Resolution 714-02 denying the requested variance; and, WHEREAS, the applicant exercised her right to appeal to the City Council the Planning Commission’s denial; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Location Map 3. Applicant Appeal 4. Site Plan 5. Staff Report 6. Planning Commission Resolution 714-02 WHEREAS, the City Council held a public hearing regarding this request on June 9, 2003; and, Resolution 6032 Page 2 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, in their resolution of denial, the Mounds View Planning Commission identified the following findings of fact related to the hardship criteria identified in Section 1125.02 of the Mounds View Zoning Code: 1. The property is zoned R-2, Single and Two-Family Residential. 2. The maximum curb-cut width allowed in R-2 zoning districts is 32 feet. 3. A driveway addition has been constructed on the property, which increased the curb-cut width to 41 feet. 4. The property is regularly shaped and is neither exceptional nor extraordinary given the number of properties within the City that are zoned R-2. 5. The literal interpretation of the Code would NOT deprive the applicant of rights commonly enjoyed by other properties in the same district in that the property is not unique compared to other properties in the same zoning district. 6. Granting a variance in this case WOULD confer a special privilege not enjoyed by other property owners in that there does not appear to be a sufficient hardship to warrant approval of the variance. 7. The variance WOULD be materially detrimental to the purpose of this Title in that there does not appear to be a sufficient hardship to warrant approval of the variance. 8. The hardship criteria as identified in Section 1125.02 have NOT been satisfied. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based upon its review of the facts and the information presented at the public hearing, does hereby affirm the Planning Commission’s denial of the variance requested by Ms. Violet Woods for the driveway at 7622 - 7624 Woodlawn Drive. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View City Council orders that the driveway expansion be removed and the boulevard restored with sod. Adopted this 9th day of June, 2003. _________________________________________ Jerry Linke, Mayor Attest: _________________________________________ James Ericson, Interim City Administrator (Seal) N:\Data\Groups\Comdev\Development Cases\VR02-011 (Woods, 7622 Woodlawn)\Woods Report - June 9, 2003.doc Item No. 9B Type of Business: PH 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: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing to Consider Resolution 6026, a Resolution Approving An Intoxicating Liquor Business License for Budget Liquor Date of Report: June 4, 2003 Section 502.08 of the City Code requires that a public hearing be held prior to the renewal of any intoxicating liquor license. The City of Mounds View issued an intoxicating liquor license for Budget Liquor on June 24, 2002, and their renewal is before the Council for consideration. Budget Liquor’s Intoxicating Liquor License will expire June 30, 2003. Budget Liquor has submitted their city liquor license application materials and the applicable fee. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Health Inspections (St. Paul-Ramsey County Department of Public Health) The Department of Public Health conducts annual inspections of all restaurants. The Department of Public Health has issued a satisfactory report for Budget Liquor. Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Budget Liquor Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Budget Liquor. Fire Inspection (City of Mounds View Fire Marshall) The City’s Fire Marshall has not issued a report for Budget Liquor. This will be done prior to June 30, 2003 expiration. Recommendation Staff recommends that the City Council approve Budget Liquor’s application for Intoxicating Liquor License with the condition that the Fire Marshall issues a satisfactory report on their Fire Inspection. Respectfully Submitted Desaree M. Crane RESOLUTION 6026 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for Budget Liquor WHEREAS, Budget Liquor’s Intoxicating Liquor License expires June 30, 2003; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Budget Liquor’s Intoxicating Liquor License; and WHEREAS, this Intoxicating Liquor License approval is subject to a satisfactory fire inspection; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Intoxicating Liquor Licenses for Budget Liquor. Adopted this 9th day of June, 2003. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Jim Ericson, Interim City Administrator (seal) Item No. 9C Type of Business: PH 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: Desaree Crane, Administrative Assistant Item Title/Subject: Public Hearing to Consider Resolution 6026, a Resolution Approving An Intoxicating Liquor Business License for ABC Liquor Date of Report: June 4, 2003 Section 502.08 of the City Code requires that a public hearing be held prior to the renewal of any intoxicating liquor license. The City of Mounds View issued an intoxicating liquor license for ABC Liquor on June 10, 2002, and their renewal is before the Council for consideration. ABC Liquor’s Intoxicating Liquor License will expire June 30, 2003. ABC Liquor has submitted their city liquor license application materials, the applicable fee and proof of insurance. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Health Inspections (St. Paul-Ramsey County Department of Public Health) The Department of Public Health conducts annual inspections of all restaurants. The Department of Public Health has issued a satisfactory report for ABC Liquor. Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for ABC Liquor Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for ABC Liquor. Fire Inspection (City of Mounds View Fire Marshall) The City’s Fire Marshall has not issued a report for ABC Liquor. This will be done prior to June 30, 2003 expiration. Recommendation Staff recommends that the City Council approve ABC Liquor’s application for Intoxicating Liquor License with the condition that the Fire Marshall issues a satisfactory report on their Fire Inspection. Respectfully Submitted Desaree M. Crane RESOLUTION 6027 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for ABC Liquor WHEREAS, ABC Liquor’s Intoxicating Liquor License expires June 30, 2003; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of ABC Liquor’s Intoxicating Liquor License; and WHEREAS, this Intoxicating Liquor License approval is subject to a satisfactory fire inspection; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Intoxicating Liquor Licenses for ABC Liquor (pending a satisfactory fire inspection). Adopted this 9th day of June, 2003. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Jim Ericson, Interim City Administrator (seal) Item No. 9D 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: Charles Hansen, Finance Director Item Title/Subject: Resolution 6023 Accepting the Annual Financial Report for the Year Ended December 31, 2002 Meeting Date: June 9, 2003 Attached is Resolution 6023 that accepts the Annual Financial Report for the year ended December 31, 2002. This was reviewed at the June 2, 2003 City Council work session. The review included the financial analysis and management suggestions included in the management report from Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (MMKR). As reported by Ken Malloy of MMKR, many of the recommendations from last year’s management letter have been implemented. Several others are repeated and there are some new ones in this year’s management letter. I would like to give the following update regarding these recommendations: Prompt payment of local government bills. Invoices are paid promptly once they arrive in the Finance Department. However, they often sit in various other places for extended periods before they are forwarded to Finance. This is an audit recommendation that needs to be implemented by all city departments. Budget adoption. This really has more to do with budget amendments needed during the year. Departments often come to the City Council with resolutions to authorize contracts or expenditures. They need to confer with the Finance Department as the resolution is drafted so that if a budget amendment is needed, it can be incorporated into that resolution. General ledger reconciliation. These recommendations weren’t addressed in 2002 due to time constraints, but will be addressed this year. Segregation of duties. This just isn’t practical with the small staff size we have. Utility rates. We will continue the process begun last fall of preparing annual utility rate studies. The City Council should consider these, and when justified, make annual increases to the rates. This will avoid a circumstance where the utilities will get into financial difficulty and then need massive increases to correct a crisis. Delinquent utility bills. MMKR recommended switching from Mounds View’s current practice of using water service shut-off as the primary means of collecting delinquent utility bills to a process of special assessing the delinquent balance for collection with the property tax. I have past experience with both water shut-offs and special assessments. I strongly recommend special assessment as the better practice. I would like to hear the City Council’s preferences on this topic. If you are inclined to change to special assessment, I can draft a policy & procedure and bring it back to you for consideration at a later meeting. We aren’t planning to have a representative of MMKR at the June 9th meeting unless the City Council indicates a desire to do so. I will be happy to answer any questions regarding the annual financial report or MMKR’s management report. Respectfully Submitted, Charles Hansen RESOLUTION NO. 6023 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2002 WHEREAS, the city staff has prepared a Comprehensive Annual Financial Report for the City of Mounds View for the year ended December 31, 2002, and WHEREAS, the firm of Malloy, Montague, Karnowski, Radosevich, & Co., P.A. was appointed by the City Council to audit this report and they have issued their Management Letter and Special Purpose Audit Reports regarding the Annual Financial Report, and WHEREAS, the City Council reviewed these reports at a June 2, 2003 work session, and WHEREAS, Note 3D on page 32 of the Comprehensive Annual Financial Report lists advances between city funds. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the comprehensive annual financial report for the year ended December 31, 2002 is hereby accepted. BE IT FURTHER RESOLVED that the advances to and from other funds in the amounts identified in the Annual Financial Report in Note 3D are approved by the City Council. Passed and adopted this 9th day of June 2003. ATTEST: ________________________________ Jerry Linke, Mayor (SEAL) ________________________________ James Ericson, Interim City Administrator Item No. 9G Type of Business: CA Meeting Date: June 9, 2003 City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Subject: Resolution No. 6029; Resending of Resolution 6001, Purchase of Golf Cars from Internal Funds Background On May 12, 2003, the City of Mounds View adopted Resolution 6001 approving the purchase of rental golf cars through a program offered by Club Car, Inc. Discussion The City Council approved Resolution 6001 which authorized the purchase of five rental golf cars. The purchase was proposed to the council as a purchase program offered through Club Car, Inc. Upon further review and due to the complexities of the Lease/Purchase requirements it would be in the best interest of the City not to enter into that program; but rather to internally fund this purchase. In the past, the Golf Course has leased four golf cars for a period of four and a half months at an annual cost of $2,632. This process began with a proposal for an installment purchase of five golf cars with annual payments of $3,531.60 for five years. Having the four cars available for six months rather than four and a half plus the addition of the fifth car would generate additional revenues exceeding the additional cost. The complication comes from wherein the terms submitted by the third party financing entity were really a lease rather than an installment purchase. This created the need for legal opinions to ensure the tax-exempt status of the lease. These costs, the complexity of the contract and the loss of revenue while we accomplish the review made the arrangement undesirable. I am proposing instead that the City purchase the golf cars outright. The price per golf car does not change due to the financing. To accomplish this, the Bridges Golf Course would need to borrow additional money internally through the inter-fund loans. Interest paid to the other City funds would be comparable to the interest that would have been paid through the installment purchase. This would avoid legal costs and lost revenue from delays. Finance Director Charlie Hansen has been consulted and endorses this alternative. As stated in Resolution 6001, the outright purchase will benefit The Bridges in that we will have access to golf cars for the full length of the golf season. A fleet replacement program will be on a 15-year rotation basis, with five cars replaced every five years. However, five cars currently in the fleet will be in service 18 years under this plan. Golf Cars Report June 9, 2003 Page 2 Recommendation Staff is recommending that Council adopt Resolution 6029, a resolution rescinding Resolution 6001 and authorizing the internally-funded purchase of five golf cars from low bidder Club Car, Inc. for the purchase price of $3,240 per car. The total purchase price would be $16,200, financed through internal City funds. Respectfully Submitted, Mary Burg, Golf Course Manager RESOLUTION NO. 6029 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RESCINDING RESOLUTION 6001 AND APPROVING THE PURCHASE OF FIVE RENTAL GOLF CARS WHEREAS, The Bridges Golf Course currently owns ten golf cars and leases an additional four cars each golf season at a cost of $2,632 per year; and, WHEREAS, it has become evident that a purchase of additional cars is a more cost-effective alternative than leasing and as such, bids were requested from golf car vendors; and, WHEREAS, of the three bids received, Club Car, Inc. was the low bidder with the purchase price of $3,240 per car. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize The Bridges Golf Course to purchase five new rental golf cars from Club Car, Inc. at $3,240 per car, the total amount of $16,200 funded through an inter-fund loan. BE IT FURTHER RESOLVED that the Mounds View City Council authorizes an amendment to the 2003 Golf Course budget by increasing the Capital Equipment appropriations by $16,200. BE IT FINALLY RESOLVED that Resolution 6001 is hereby rescinded. Adopted this 9th day of June 2003. ______________________________ Jerry Linke, Mayor (ATTEST) _______________________________ James Ericson, Interim City Administrator (SEAL) Item No: 9H Meeting Date: June 9, 2003 Type of Business: Business City of Mounds View Staff Report To: Mounds View Mayor and City Council From: James Ericson, Interim City Administrator Item Title/Subject: Consideration of a Development Review Request for Properties Located at 2436 and 2442 County Highway 10, Planning Cases DE03-001 and DE03-002 Introduction: The applicant, LandCor Development of Maple Grove, has requested a development review on two separate parcels within the Anthony Properties / Theater Planned Unit Development to construct a two-story office building at the corner of Long Lake Road and County Highway 10, and a multi-tenant food / retail building next to the theater at the corner of Edgewood Drive and County Highway 10. The purpose of a development review is to allow the City to evaluate proposed development in terms of its consistency with City Codes and other requirements and to ascertain and mitigate any potential impacts to the adjoining properties and the community as a whole. The Planning Commission makes a recommendation to the City Council, which then acts upon the request. On May 21, 2003, the Planning Commission adopted Resolution 728-03, a resolution recommending approval of the development review request. Discussion For the purposes of this report and discussion, I will refer to the lot at the corner of Long Lake Road and County Highway 10 as “Outparcel A” and the lot at the corner of Edgewood Drive and County Highway 10 as “Outparcel B”. Outparcel A: This parcel is an irregularly shaped lot zoned PUD, Planned Unit Development. The only permitted uses for this lot are “office” and “restaurant.” (The City Council added “office“ as a permitted use on May 12, 2003.) 1A. Dimensional Requirements Building Setbacks Required Proposed: Compliance Front (Co. Hwy. 10): 30 feet 30 feet Yes Front (Long Lake Rd.): 30 feet 120 feet Yes Rear (south): 20 feet 140 feet Yes Parking Lot Setbacks Front (Co. Hwy. 10.): 30 feet * 30 feet Yes Front (Long Lake Rd.): 20 feet * 20 feet Yes Rear (south): 30 feet * 175 feet Yes * It is unclear what the intended parking lot setbacks are. LandCor Report June 9, 2003 Page 2 2A. Parking The PUD establishes the parking requirement for an office use at one space per 250 square feet. The proposed office would consist of a maximum 15,000 square feet of gross space. With that much area, a total of 60 parking spaces would be required. ADA requirements indicate that of the 60 spaces, three need to be handicap accessible. The plans show a total of 64 spaces, three of which are marked handicapped. The plans are consistent with the PUD and with City Code. 3A. Access & Circulation There is one access driveway shown from Long Lake Road; no access is shown onto County Road 10. The absence of an access onto County Highway 10 is consistent with the goals established in the corridor redevelopment and revitalization plan adopted by the City Council. The Long Lake Road access is offset to the north of Moundsview Drive by about 100 feet. No traffic conflicts would be anticipated because of this. The circulation within the development is good and there is sufficient space in the drive aisles and adequate space provided to back out of all parking spaces. 4A. Lighting The applicant has submitted a photometric analysis of the site and the foot-candle readings comply with Code requirements. The plans do not, however, indicate pole height or provide a graphic of the fixtures to be used. These should be added to the final plan set provided to staff upon City Council approval. The attached resolution includes this provision. 5A. Drainage The plans indicate that the site would be serviced by a series of catch basins linked together by a storm sewer which empties into the existing NURP pond at the rear of the property. (The existing pond was constructed with the original development to accommodate the future build-out of the site. Permits do however need to be obtained from Rice Creek Watershed District before the City will issue any building permits for the project. The applicant and any utility subcontractors shall meet with the Public Works department for final utility plan approval. 6A. Garbage Enclosure As shown on the site plan, the garbage enclosure would be located on the south side of the property. No details were provided regarding the enclosure’s construction, however the PUD indicates that the enclosure shall be of the same construction as the building with solid, opaque, latching gates. The developer confirms that this is their intent. Chain link is not an acceptable gate material. The details should be added to the final plan set provided to staff upon City Council approval. The attached resolution includes this provision. LandCor Report June 9, 2003 Page 3 7A. Landscaping A Landscaping Plan has been submitted with the plan set and the City Forester has had an opportunity to review them. On May 19, 2003, the Forester approved the landscape plans, commenting that the developers are making a significant investment into the landscaping which will help blend this addition into the surrounding heavily wooded natural areas. Snow storage areas are noted on the landscape plan to ensure that plowed snow will not damage plantings. 8A. Signage No sign plan has been submitted for the site however staff has communicated the PUD requirements to LandCor representatives. While not specifically addressed, no pylon sign will be allowed, as the intent of the PUD is to establish a consistent design theme throughout the development, using similar construction, color and materials. The Theater sign has a masonry, monument styled base and the same would be required on this site. 9A. Building Construction As noted earlier, the proposed office building would be two stories with a 7,500 square-foot footprint. The materials used would consist of a colored split face block base, brick, and a upper level EFIS treatment. (EFIS is “Exterior Finish Insulation System”.) A colored rendition has been provided for this building which is attached for the Council’s review. The proposed colors are consistent with the Theater. A patio area is shown off the back of the building. The building elevations are shown on plan sheet A100, however building heights are not indicated. This information should be added to the final plan set provided to staff upon City Council approval. The attached resolution includes this provision Outparcel B: Located adjacent to the Theater at the corner of Edgewood Drive and County Highway 10, this parcel is an irregularly shaped lot zoned PUD, Planned Unit Development. The permitted uses for this lot include restaurant and/or retail uses. 1B. Dimensional Requirements Building Setbacks Required Proposed: Compliance Front (Co. Hwy. 10): 30 feet 75 feet Yes Front (Edgewood Dr.): 30 feet * 145 feet Yes Side (south): 20 feet * 105 feet Yes Rear (west): 20 feet * 95 feet Yes LandCor Report June 9, 2003 Page 4 Parking Lot Setbacks Front (Co. Hwy. 10.): 30 feet * 30 feet Yes Front (Edgewood Dr.): 20 feet * 20 feet Yes Rear (south): 30 feet * 60 feet Yes * It is unclear what the intended parking lot setbacks are. Based upon reasonable assumptions, staff believes all setbacks to be satisfied. 2B. Parking The PUD establishes the parking requirement for the restaurant / retail uses as one space per 100 square feet. The proposed multi-tenant building would consist of a maximum 7,785 square feet of gross floor area. With that much area, a total of 78 parking spaces would be required. ADA requirements indicate that of the 78 spaces, four need to be handicap accessible. The plans show a total of 93 spaces, three of which are marked as handicapped. The amount of parking provided complies with the PUD however one additional handicap accessible stall should be shown on the plans. The Site Plan shall be revised to show the one additional handicap stall on the final plan set provided to staff upon City Council approval. The attached resolution includes this provision. 3B. Access & Circulation There is one access driveway shown from Edgewood Drive; no access is shown onto County Road 10. As with Outparcel A, the absence of an access onto County Highway 10 is consistent with the goals established in the corridor redevelopment and revitalization plan adopted by the City Council. The site has good circulation and drive aisle widths are sufficient. 4B. Lighting The applicant has submitted a photometric analysis of the site and the foot-candle readings comply with Code requirements. The plans do not, however, indicate pole height or provide a graphic of the fixtures to be used. These should be added to the final plan set provided to staff upon City Council approval. The attached resolution includes this provision. 5B. Drainage The plans indicate that the site would be serviced by a series of catch basins linked together by storm sewer which terminate into the existing storm sewers under Edgewood Drive. Permits would need to be obtained from Rice Creek Watershed District before the City will issue any building permits for the project. The applicant and any utility subcontractors shall meet with the Public Works department for final utility plan approval prior to construction. LandCor Report June 9, 2003 Page 5 6B. Garbage Enclosure The site plan indicates that the garbage enclosure would be located at the rear of the building. No details were provided regarding the enclosure’s construction, however the PUD indicates that the enclosure shall be of the same construction as the building with solid, opaque, latching gates. The developer confirms that this is their intent. Chain link is not an acceptable gate material. The details should be added to the final plan set provided to staff upon City Council approval. The attached resolution includes this provision. 7B. Landscaping A Landscaping Plan has been submitted with the plan set and the City Forester has had an opportunity to review them. On May 19, 2003, the Forester approved the landscape plans, commenting that the developers are making a significant investment into the landscaping which will help blend this addition into the surrounding heavily wooded natural areas. Snow storage areas are noted on the landscape plan to ensure that plowed snow will not damage plantings. 8B. Signage No sign plan has been submitted for the site however staff has communicated the PUD requirements to LandCor representatives. While not specifically addressed, no pylon sign will be allowed, as the intent of the PUD is to establish a consistent design theme throughout the development, using similar construction, color and materials. The Theater sign has a masonry, monument styled base and the same would be required on this site. At a minimum, the plans should indicate where on the site the monument sign is proposed to be located 9B. Building Construction The proposed retail / restaurant building would be a single story building with a 7,785 square- foot footprint. The design is very appealing and the materials would match the proposed office building. Most of the building would be brick; with brick columns and an EFIS roof detail. Fabric awnings are shown adding more character to the building. The entryways would have a tall arched design very similar to the Abbey Carpet building currently under construction. The building is shown partitioned for three users with drive-up windows at either end of the building. There is an outdoor patio / eating area adjacent to Tenant 3’s space, however it appears as though Tenant 2 also has access to the patio area. The building elevations are shown on plan sheet A100, however building heights are not indicated. This information should be added to the final plan set provided to staff upon City Council approval. The attached resolution includes this provision Summary The Planning Commission reviewed the proposed development plans and made suggested some changes to ensure compliance and consistency with the Code and PUD. Upon final review of the amended plans, the Commission adopted Resolution 728-03 which recommended approval of the requested development review for Outparcels A and B of the Anthony Properties / Theater Planned Unit development. LandCor Report June 9, 2003 Page 6 Recommendation: Adopt the attached Resolution 6033 approving the development review request to construct a two-story, 15,000 square-foot office building on Outparcel A and a one story, 7,785 square-foot multi-tenant retail building on Outparcel B, with conditions and stipulations as identified herein. _____________________________________ James Ericson Interim City Clerk/Administrator Attachments: 1. Application 2. Zoning Map 3. Development Plans, date-stamped May 14, 2003 4. Architectural Building Renderings 5. Planning Commission Resolution 728-03 6. City Council Resolution 6033 ZONING MAP THEATER OFFICE RETAIL WALGREENS JAKE’S “A” “B” OFFICE RENDERING RETAIL RENDERING MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 728-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A DEVELOPMENT REVIEW REQUEST FOR AN OFFICE BUILDING LOCATED AT 2442 COUNTY HIGHWAY 10 AND A MULTI-TENANT RETAIL BUILDING AT 2436 COUNTY HIGHWAY 10; PLANNING CASES NO. DE03-002 AND DE03-003. WHEREAS, LandCor Development of Maple Grove has applied for a development review to construct a 15,000 square foot, two-story office building at 2442 County Highway 10 and a 7,785 square foot single story multi-tenant retail building at 2436 County Highway 10; and, WHEREAS, the subject property is zoned PUD, Planed Unit Development, is designated as a “Mixed Use PUD” use on the Comprehensive Plan and is legally described as follows: Lots 1 & 2, Block 2, Anthony Properties Addition, Ramsey County, State of Minnesota WHEREAS, according to Section 1006.06 of the Mounds View Municipal Code, any new construction or expansion of existing facilities requires the approval of a development review; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. Site Plans d. Staff Report WHEREAS, the proposed development is consistent with the Mounds View Zoning Code and the Planned Unit Development provisions originally approved in 1998 and amended in 2003; and, WHEREAS, Page C2-1 (Outparcel A Site Plan) indicates that the proposed two- story office building will be set back 30 feet from the property line fronting County Highway 10 and will be 15,000 square feet; and, WHEREAS, according to the PUD, the number of parking stalls required for Outparcel A is 60, Page C2-1 indicates 64 stalls are provided, three of which are marked handicapped accessible; and, Resolution 728-03 Page 2 WHEREAS, Page C2-2 (Outparcel B Site Plan) indicates that the proposed 7,785 square foot one-story retail building will be set back 75 feet from the property line abutting County Highway 10 and 145 feet from the property line abutting Edgewood Drive; and, WHEREAS, according to the PUD, the number of parking stalls required for Outparcel B is 78, Page C2-1 indicates 93 stalls are provided, three of which are marked handicapped accessible; and, WHEREAS, the Fire Marshal has reviewed and approved the site plans in terms of access, drive aisle width and other Fire Department requirements and considerations. NOW THEREFORE BE IT RESOLVED that the Mounds View Planning Commission, finding that all of the requirements of the Zoning Code and PUD Document have been met, does hereby recommend that the City Council approve the development review request for the construction of a two-story, 15,000 square foot office building on Outparcel A and a 7,785 square foot, single-story multi-tenant retail building on Outparcel B, subject to the following stipulations: 1. Landscape Plans shall be revised per City Forester specifications. 2. The applicant shall submit plans to Rice Creek Watershed District (RCWD). No building permits shall be issued without a valid watershed permit. 3. All disturbed pervious area shall be sodded or landscaped. Silt fencing shall be installed and maintained in accordance with Rice Creek Watershed District specifications. 4. All exterior lighting shall be hooded and downcast to prevent glare in accordance with City Code requirements. Height of light standards shall be indicated. 5. Site Plans shall be amended to reflect garbage enclosure details. 6. Grading Plans shall show boundaries of delineated wetlands. 7. All utilities to the building shall be installed underground. 8. Signage detail plans shall be submitted prior to permit issuance. Ground signage shall be monument style of masonry construction -- no pylon signage permitted. 9. Building signage not to exceed 100 square feet per designated building tenant. 10. All architectural features and building treatments shall be consistent along all building elevations. 11. A development agreement which sets forth all of the terms, conditions, requirements, guarantees and plans for the orderly development of the parcels shall be executed and recorded with Ramsey County as required by Section 1006.06, Subd. 4 of the City Code. 12. The applicant shall obtain a permit from Ramsey County for the Long Lake Road curb cut and for any work performed within the County right of way. Resolution 728-03 Page 3 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 21st day of May, 2003. _________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________ James Ericson Interim City Administrator (SEAL) N:\DATA\GROUPS\COMDEV\DEVELOPMENT CASES\DE03-002, DE03-003, PA03-001 (LANDCOR COS. - PARCELS ADJACENT TO THEATER)\LANDCOR PC REPORT - MAY 21, 2003.DOC RESOLUTION NO. 6033 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DEVELOPMENT REVIEW FOR AN OFFICE BUILDING LOCATED AT 2442 COUNTY HIGHWAY 10 AND A MULTI-TENANT RETAIL BUILDING AT 2436 COUNTY HIGHWAY 10; MOUNDS VIEW PLANNING CASES NO. DE03-002 AND DE03-003. WHEREAS, LandCor Development of Maple Grove has applied for a development review to construct a 15,000 square foot, two-story office building at 2442 County Highway 10 and a 7,785 square foot single story multi-tenant retail building at 2436 County Highway 10; and, WHEREAS, the subject property is zoned PUD, Planed Unit Development, is designated as a “Mixed Use PUD” use on the Comprehensive Plan and is legally described as follows: Lots 1 & 2, Block 2, Anthony Properties Addition, Ramsey County, State of Minnesota WHEREAS, according to Section 1006.06 of the Mounds View Municipal Code, any new construction or expansion of existing facilities requires the approval of a development review; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. Site Plans d. Architectural Building Renderings e. Staff Report f. Planning Commission Resolution 728-03 WHEREAS, the Fire Marshal has reviewed and approved the site plans in terms of access, drive aisle width and other Fire Department requirements and considerations; and, WHEREAS, the City Forester has reviewed the landscape plans and recommends approval; and, WHEREAS, the Planning Commission adopted resolution 728-03 on May 21, 2003 which recommended approval of the proposed development subject to revisions being made to the site plans; and, WHEREAS, with the exception of items noted below, the site plans have been revised in according to the Planning Commission’s direction and are consistent with the Mounds View City Code and approved Planned Unit Development. NOW THEREFORE BE IT RESOLVED that the Mounds View City Council, finding that all of the requirements of the Zoning Code and PUD Document have been met, does hereby approve the development review request for the construction of a two-story, 15,000 square foot office building on Outparcel A and a 7,785 square foot, single-story multi- tenant retail building on Outparcel B, subject to the following stipulations: 1. The applicant shall submit plans to Rice Creek Watershed District (RCWD). No building permits shall be issued without a valid watershed permit. 2. All disturbed pervious area shall be sodded or landscaped. Silt fencing shall be installed and maintained in accordance with Rice Creek Watershed District specifications. 3. All exterior lighting shall be hooded and downcast to prevent glare in accordance with City Code requirements. Height of light standards and fixture details shall be indicated on Lighting Plans E1-1 and E1-2. 4. Plan Sheet A100 shall be revised to indicate building heights. 5. Plan Sheet C2-2 shall be revised to show four (4) handicap accessible stalls. 6. The Site Plans shall be amended to reflect garbage enclosure details. 7. Grading Plans shall show boundaries of delineated wetlands. 8. All utilities to the building shall be installed underground. 9. Detailed signage plans shall be submitted prior to installation. Ground signage shall be monument style of masonry construction -- no pylon signage permitted. 10. All architectural features and building treatments shall be consistent along all building elevations. 11. A development agreement which sets forth all of the terms, conditions, requirements, guarantees and plans for the orderly development of the parcels shall be executed and recorded with Ramsey County as required by Section 1006.06, Subd. 4 of the City Code. 12. The applicant shall obtain a permit from Ramsey County for the Long Lake Road curb cut and for any work performed within the County right of way. 13. The applicant and any utility subcontractors shall meet with the Public Works department for final utility plan approval. 14. The Applicant shall submit two complete revised plans sets for final plan review along with the construction plans submission for the building permit application. Adopted this 9th day of June, 2003. ________________________________ Jerry Linke, Mayor ATTEST: _________________________________ James Ericson, Interim City Administrator (SEAL) Item No: 9I Meeting Date: June 9, 2003 Type of Business: Council Business City of Mounds View Staff Report To: Mounds View Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: First Reading and Introduction of Ordinance 716, an Ordinance Amending the Zoning Code to Require a Conditional Use Permit for Expansions to Existing Multi- Family Developments Introduction: Recently I spoke to the City Council about a situation concerning multi-family developments and our inability to deny certain types of expansions. The Council suggested the Planning Commission examine the issue and make a recommendation. The Planning Commission has reviewed the issue and has made a recommendation for the Council’s consideration. Their resolution and ordinance is attached. Discussion: The method by which control can be exercised is by requiring all existing developments to go through a conditional use process to expand density (the number of individual dwelling units.) The following language was proposed and the Planning Commission supported such an amendment: Multi-Family developments having been constructed prior to January 1, 2003 shall first obtain a Conditional Use Permit (CUP) prior to expanding the number of dwelling units or the principal building footprint. In addition to the criteria outlined in Section 1125, all zoning, building and parking requirements shall be satisfied as a condition of approval. Recommendation: Staff and the Planning Commission recommend introduction and first reading or Ordinance 716, an ordinance amending the Zoning Code to require a Conditional Use Permit for Expansions to Existing Multi-Family Developments. _____________________________________ James Ericson Interim City Clerk/Administrator Attachments: 1. Resolution 730-03 2. Ordinance 716 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 730-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AN AMENDMENT TO SECTION 1108.04 OF THE MOUNDS VIEW ZONING CODE PERTAINING TO CONDITIONAL USES WITHIN THE R-3 ZONING DISTRICT WHEREAS, it is the desire of the Planning Commission to recommend language to amend the Zoning Code to require City Council review and approval of multi-family residential expansions; and, WHEREAS, on April 16, 2003, the Mounds View Planning Commission reviewed language pertaining to conditional uses with the R-3, Medium Density Residential, Zoning District; and, WHEREAS, the Planning Commission recommends the addition of the following language to Section 1108.04 of the Mounds View Zoning Code: Multifamily Expansion. Multifamily developments having been constructed prior to January 1, 2003 shall first obtain a Conditional Use Permit (CUP) prior to expanding the number of dwelling units or the principal building footprint. In addition to the criteria outlined in Section 1125, all zoning, building and parking requirements shall be satisfied as a condition of approval. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an ordinance amending Section 1108.04 of the Mounds View Zoning Code to require a Conditional use Permit for any expansion to existing multi-family residential facilities. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4th day of June, 2003. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Interim City Administrator (SEAL) ORDINANCE NO. 716 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW ZONING CODE SECTION 1108.04, PERTAINING TO CONDITIONAL USES WITH THE R-3 ZONING DISTRICT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1108.04 of the Mounds View Zoning Code pertaining to conditional uses within the R-3 Zoning District is hereby amended by adding new language underlined to read as follows: 1108.04: CONDITIONAL USES: The following are conditional uses in an R-3 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): All conditional uses allowed in an R-2 District. Multifamily dwelling structures containing six (6) or less dwelling units. Multifamily Expansion. Multifamily developments having been constructed prior to January 1, 2003 shall first obtain a Conditional Use Permit (CUP) prior to expanding the number of dwelling units or the principal building footprint. In addition to the criteria outlined in Section 1125, all zoning, building and parking requirements shall be satisfied as a condition of approval. 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 on this 9th day of June, 2003. Read and passed by the City Council of the City of Mounds View this 23rd day of June, 2003. Jerry Linke, Mayor ATTEST: ________________________________ James Ericson, Interim Clerk Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 27, 2003 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:25 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. Tuesday, May 27, 2003 City Council Agenda. 20 21 MOTION/SECOND: Marty/Stigney. To Approve the Tuesday, May 27, 2003 Agenda as 22 Presented. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 5. PUBLIC INPUT 27 28 None. 29 30 6. SPECIAL ORDER OF BUSINESS 31 32 A. Spring Lake Park 50th Anniversary 33 34 Mayor Linke read a proclamation recognizing Spring Lake Park’s 50th anniversary. 35 36 7. JUST AND CORRECT CLAIMS 37 38 A. Just and Correct Claims 39 40 Council Member Stigney requested that Check Number 110955 for the PGA of America be 41 removed for separate discussion and vote. 42 43 Mayor Linke asked what the question on the item was. 44 45 Mounds View City Council May 27, 2003 Regular Meeting Page 2 Council Member Quick indicated he would feel more comfortable if there was a motion on the 1 floor. 2 3 MOTION: Quick. To Challenge the Decision of the Chair and Require a Motion to be Made to 4 Separately Consider Check Number 110955. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 MOTION/SECOND: Stigney/Marty. To Remove 110955 for Separate Discussion and Vote. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 Council Member Gunn asked what Check Number110899 for the Association for Nonsmokers. 13 14 Interim City Administrator Ericson indicated Finance Director Hansen was not able to attend the 15 meeting due to a family emergency. He then said he would research the matter and provide 16 information to Council. 17 18 Council Member Gunn asked for information on the forfeitures. 19 20 Interim City Administrator Ericson indicated that the forfeitures refer to the DUI charges handled 21 by the prosecuting attorney. 22 23 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Amended. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 Council Member Stigney indicated he is concerned that the PGA of America membership 28 bestows upon the individual benefits and he does not feel the City should pay for the membership 29 if the employee receives benefits from it. 30 31 Golf Course Manager Burg indicated that the membership had been budgeted for. She then 32 indicated that in order for the golf course to advertise a PGA pro this membership is necessary. 33 34 Mayor Linke indicated that this membership is part of his employment and to be a PGA pro you 35 have to belong to this organization. 36 37 Golf Course Manager Burg indicated it is typical that when you belong to a professional 38 association the employer pays for it but Council will need to decide whether to pay for 39 memberships during the budgeting process. 40 41 Council Member Stigney indicated that as a professional engineer you have to pay your own 42 membership especially when you get special insurance benefits from it. 43 44 Mounds View City Council May 27, 2003 Regular Meeting Page 3 Council Member Gunn asked whether this membership was necessary in order for him to claim 1 to be a PGA pro. 2 3 Golf Course Manager Burg indicated the membership is necessary in order to claim the PGA pro 4 status. 5 6 Interim City Administrator Ericson indicated that the golf course advertises heavily that there is a 7 PGA pro on staff and he feels it would be asking a lot to require him to pay for the membership 8 himself while the City reaps the benefits of it. 9 10 Council Member Stigney indicated he is getting paid as a PGA pro and should maintain his own 11 membership. He then noted that he receives benefits from it. 12 13 Council Member Quick asked whether the City has paid for this membership in year’s past. 14 15 Golf Course Manager Burg said yes. 16 17 Council Member Stigney indicated he did not vote for this last year or the year before and will 18 not vote for it this year. 19 20 MOTION/SECOND: Quick/Marty. To Approve Check No. 110955 for. 21 22 Ayes – 4 Nays – 1(Stigney) Motion carried. 23 24 B. Authorization for Expenditures 25 26 1. Electrical Maintenance 27 28 Public Works Director Lee indicated that the in ground lights used to illuminate the building and 29 the flag at the Community Center are not functioning right now and Staff is recommending 30 replacing them with above ground lighting to eliminate the moisture issues. 31 32 Public Works Director Lee indicated the second electrical item is to rewire the hockey rink as 33 there are four power poles each with 3 lights two of which are not functioning due to issues with 34 the wires being installed but not put into conduit. The estimate to rewire the lights would be 35 approximately $1,600 to be derived from the parks budget under building and grounds repair. 36 37 Council Member Quick asked Staff to determine what the costs to make the lighting more 38 efficient would be. 39 40 MOTION/SECOND: Quick/Marty. To Approve the Expenditures for Electrical Maintenance as 41 Requested by Staff. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council May 27, 2003 Regular Meeting Page 4 8. CONSENT AGENDA 1 2 A. Licenses for Approval 3 B. Resolution 6017 Electing to Retain the Statutory Tort Limit on Liability for the 4 2003/2004 Insurance Policies 5 C. Set a Public Hearing for 7:05 p.m., Monday, June 9, 2003 to Consider a Variance 6 Denial Appeal Requested by Violet Woods 7622/7624 Woodlawn Drive 7 D. Resolution 6018 Contract with Lynk Systems for Credit Card Processing 8 E. Resolution 6019 Approving a Contract Award for the Annual Sanitary Sewer 9 Root Abatement Project 10 11 MOTION/SECOND: Quick/Stigney. To Approve the Consent Agenda as Presented. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 9. COUNCIL BUSINESS 16 17 A. YMCA Quarterly Report 18 19 Pat Riemersma from the YMCA provided an overview of what is happening for January through 20 April 2003 for the YMCA. 21 22 Ms. Riemersma indicated that Shannon Roepke had resigned and indicated she would be 23 working with Mr. Ericson to advertise the position and move forward with hiring. 24 25 Mayor Linke asked whether there were scholarships for lower income families for youth classes. 26 27 Ms. Riemersma indicated that Y Partners dollars are used for that as well as noting there is a 28 sliding fee schedule based on income for class tuition. 29 30 Mayor Linke recommended that the YMCA utilize the information from the school district that 31 allows families to qualify for the free lunch program rather than making families go through the 32 process of verifying income twice. 33 34 B. Public Hearing and Consideration of Resolution 6016, a Resolution 35 Pertaining to an Oversized Garage at 7988 Edgewood Drive 36 37 Mayor Linke opened the public hearing at 8:07 p.m. 38 39 Interim City Administrator Ericson indicated that this is an application for a CUP for an 40 oversized garage located at 7988 Edgewood Drive. He then provided information as to the size 41 and location of the garage as well as noting that the Planning Commission unanimously 42 recommended approval. 43 44 Mounds View City Council May 27, 2003 Regular Meeting Page 5 Interim City Administrator Ericson reviewed the stipulations attached to the Resolution of 1 Approval and noted that the City typically requires any nonconformity to be brought into 2 conformance and, in this case, there is a second curb cut that will need to be eliminated. 3 4 Mr. Eyler indicated that he does not intend to have a U shaped driveway but his teenagers are 5 using the second curb cut right now. 6 7 Mayor Linke closed the public hearing at 8:13 p.m. 8 9 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6016, a 10 Resolution Pertaining to an Oversized Garage at 7988 Edgewood Drive. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 C. Second Reading and Adoption of Ordinance 715, an Ordinance Amending 15 Title 1000 of the Mounds View Municipal Code Entitled Building and 16 Development Regulations. 17 18 Interim City Administrator Ericson indicated that there had not been any changes made since the 19 first reading of this Ordinance on May 12, 2003. 20 21 MOTION/SECOND: Stigney/Gunn. To Waive the Reading, Approve the Second Reading and 22 Adopt Ordinance 715, an Ordinance Amending Title 1000 of the Mounds View Municipal Code 23 Entitled Building and Development Regulations. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 ROLL CALL: Gunn/Stigney/Marty/Quick/Linke. 28 29 D. Resolution 6020 Amending the 2003 Budget for Lakeside Park 30 31 Interim City Administrator Ericson indicated that this Resolution is before Council based on 32 conversations with Spring Lake Park and Council concerning closing the beach at the park. 33 34 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6020, a 35 Resolution Amending the 2003 Budget for Lakeside Park. 36 37 Council Member Gunn indicated that, if the beach is to be closed, it will need to be posted no 38 lifeguards. 39 40 Council Member Stigney indicated that this Resolution would close the beach at Lakeside Park 41 and reduce the City’s contribution to Spring Lake Park by $4,189.00. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council May 27, 2003 Regular Meeting Page 6 E. Resolution 6021, a Resolution Adopting a Policy for the Support of Non-1 Profit Groups. 2 3 Interim City Administrator Ericson indicated this Resolution was drafted in response to 4 Council’s request for a policy for the support of non-profit groups. He then indicated that 5 Council would need to discuss this policy as part of the budgeting process. 6 7 MOTION/SECOND: Gunn/Quick. To Waive the Reading and Approve Resolution 6021, a 8 Resolution Adopting a Policy for the Support of Non-Profit Groups. 9 10 Council Member Quick indicated the instance before Council is an in kind contribution but said 11 there would need to be a budgeted line item for assisting non-profits if it requires monetary 12 contribution from the City. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 10. REPORTS 17 18 Council Member Stigney indicated the PUD that was changed at the last regular meeting to allow 19 an office building no longer has the large medical tenant as was originally indicated by the 20 developer. 21 22 Interim City Administrator Ericson indicated that the intent of the developer is to market the 23 building for medical uses. 24 25 Council Member Stigney asked whether the City would run afoul of state statute for granting 26 special benefits to the employee receiving benefits from the PGA membership. 27 28 City Attorney Riggs indicated that the City receives benefit from the membership and the 29 incidental benefits bestowed upon the employee by the membership would not be an issue for the 30 City. 31 32 Mayor Linke indicated that a lot of times it is part of the employment agreement. 33 34 City Attorney Riggs indicated he does not know if it is spelled out as part of the employment 35 agreement but the City is requiring him to have a PGA affiliation. He then said he could look 36 into it further but it appears to him that these benefits are incidental and the City clearly gains 37 from the membership. 38 39 Council Member Stigney indicated there is no special contract with the PGA person and, as far as 40 his question, perhaps the costs associated with the additional benefits should be excluded from 41 the benefit. 42 43 Mayor Linke indicated it would be more costly to have the City Attorney look into it than to pay 44 the membership. 45 Mounds View City Council May 27, 2003 Regular Meeting Page 7 1 City Attorney Riggs indicated the City would not run afoul of the state auditor with this because 2 the City is gaining a benefit from it. 3 4 Council Member Stigney indicated that the California State Association of Parliamentarians 5 indicates that a motion to reconsider must be done at the same meeting by a member voting on 6 the prevailing side of the motion. 7 8 Council Member Stigney indicated that he had discussed the matter with the City Attorney prior 9 to the meeting and the two of them differ in their interpretation. He then said that a motion to 10 reconsider has to be done during the current meeting not another meeting. He further commented 11 that the City opens a meeting and closes it they are not continued. 12 13 Interim City Administrator Ericson pointed out that the New Brighton Area Historical Society 14 had provided two books on the history of the area to City Hall for residents to view. He then 15 indicated that they are available for sale through the Historical Society as well. 16 17 Interim City Administrator Ericson indicated that Spring Clean Up Day was held on May 17, 18 2003 and went very well. 19 20 Interim City Administrator Ericson indicated that Senator Coleman would be at the Arden Hills 21 City Hall on May 28, 2003 from 10:00 a.m. to 11:00 a.m. to discuss TCAAP issues. 22 23 Interim City Administrator Ericson indicated he would like to attend the League of Minnesota 24 Cites Conference in St. Cloud and asked for authorization to do so. 25 26 MOTION/SECOND: Marty/Gunn. To Authorize the Interim City Administrator to Attend the 27 St. Cloud League of Minnesota Cities Conference. 28 29 Council Member Quick asked for a copy of the flier. 30 31 Interim City Administrator Ericson asked if Council had any opposition to advertising in the 32 restrooms of the Community Center for the golf course. 33 34 MOTION/SECOND: Quick/Linke. To Direct Staff to Draft a Policy Concerning City 35 Advertisements in Restrooms on City Property. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 Interim City Administrator Ericson indicated he had provided information to Council on the 40 union contracts and asked for direction on how to proceed with negotiations and approval to 41 consult with Labor Relations. 42 43 Mayor Linke asked how much it would cost to consult with Labor Relations. 44 45 Mounds View City Council May 27, 2003 Regular Meeting Page 8 Interim City Administrator Ericson indicated that it would cost $74.00 per hour for Labor 1 Relations to review it. 2 3 Council indicated that it would be in the best interest of the City to proceed with Labor Relations 4 for this project but expressed an interest in researching other firms to assist the City with this 5 type of issue. 6 7 Interim City Administrator Ericson indicated the Twin Cities North Chamber had provided a City 8 with a plaque for promoting business for a healthy economy. 9 10 Council Member Quick asked that Staff be directed to fix the bricks on the front of the building 11 that are not in working order, fill the hole in the SW corner, replace the cement blocks on the 12 west wall and anything else that is damaged or destroyed including doing some grading away 13 from the building on the west wall. 14 15 11. APPROVAL OF MINUTES 16 17 A. City Council Minutes May 12, 2003 18 19 Council Member Marty requested the following changes: On Page 3, Line 42 indicate the engine 20 was replaced a few years ago. On Page 16, Line 14 and 15 insert the words so that. 21 22 MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes of May 12, 2003, as 23 Amended. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 12. Next Council Work Session: Monday, June 2, 2003 28 Next Council Meeting: Monday, June 9, 2003 29 30 31 13. ADJOURNMENT 32 33 Mayor Linke adjourned the meeting at 9:10 p.m. 34 35 36 Transcribed and recorded by: 37 38 39 Joan Lenzmeier 40 Timesaver Off Site Secretarial, Inc. 41