HomeMy WebLinkAboutAgenda Packets - 2000/03/27March 23, 2000
To: Honorable Mayor and City Council
From: Chuck Whiting, City Administrator
Re: March 27, 2000 City Council Meeting
We have several items to go over Monday night. Here’s the agenda:
10A through E. - Public Hearing for the Second Reading and Adoption of
Ordinance 655, an Ordinance Rezoning Bridges Golf Course Parcels from CRP and
I-1 to PF. - Jim Ericson: The public hearings on the billboard and golf course zoning
issues will all relate to the Community Development staff presentations and the City
Attorney explanations.
10F - Consideration of Metropolitan Council Environmental Services Loan
Application - Michael Ulrich: Mike will review a loan option with MCES for sanitary
sewer projects.
10G - Consideration of an application for a license from Golden Gloves Youth
Boxing-Givonna Reed: Givonna has received a request for a boxing license. The City
hasn’t had one of these for a while. She will review the application with the Council.
10H - Review of timetable for City Administrator Search-Givonna Reed: Givonna
and I met with Jim Brimeyer Tuesday morning to review the search process. Givonna
will report on this and review times scheduled for Council and staff input.
10I -. Resolution No. 5422, A Resolution Determining the Acting City
Administrator – Chuck Whiting: Two weeks ago I presented a resolution to make Mike
Ulrich the Interim City Administrator and set his wage for this time. I reworked the
resolution into two resolutions, this one, making him the interim administrator, and the
next one, setting a policy for determining compensation for management employees
acting in interim capacities. The significance of this is that from now on, should the
Council pass these two resolutions, the compensation process would be automatic and not
have to be considered each time. Aside from the awkwardness of making the selection,
the compensation component is really up to the Council in the end. In the past
differences in amounts have led to misunderstandings and resentments which I think can
be easily avoided given a policy like this. I may note, that the Council may want to keep
in mind the fact that other employees may have adjustments to their positions during
these interim periods that may need addressing as well. This resolution does not take that
into account, but it may be the next logical question.
10J - Resolution No. 5427, A Resolution Determining the Compensation Policy for
Employees Serving in Interim Management Employment Capacities – Chuck
Whiting: Givonna did some good research into what other communities do for interim
positions. A summary is enclosed. I propose the 15% increase on current pay be
approved to do two things, one, fairly compensate the employee for additional
responsibilities, and two, reflect their time with the City. An adjustment based solely on
the vacant position step plan would not meet that second criterion necessarily. In
proposing this I recognize that it is possible to have the interim employee earn more than
the normal position holder would, but again, that is a function of where the employee is
in the step plan, and attempts to avoid it can almost make it unworkable given the
situation. I think this is the cleanest and simplest way to do it.
10K - Review of LELS Patrol and Sergeant Contracts Negotiations (Closed Session):
Staff has been meeting with the two LELS units and needs to report to the Council on the
status of their contracts. Closing the session for this is appropriate. I will ask the Council
allow Givonna Reed, Chief Clark and Mike participate in the closed session discussion.
In other business, Mike, the Mayor and Rick and I met with Bob Thistle and Dave
Wettergren of Springsted to go over the Highway 10 community discussion plans. They
will appear before the Council on the April 3 work session.
A benefit for the family of the boy killed on Highway 10 has been put together for the
afternoon of April 9 at the MVCC, I believe from 1 to 6 p.m.
So in closing, thank you for allowing me to serve you and the community the last four
years. I wish you the best of luck and hope the community can find itself in the times
ahead. There are big issues to deal with in Mounds View, but you have good staff to help
you. Their skills are quality, but your leadership and direction can make the most of their
talents. Again, the best of luck to all of you. --Chuck
CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY, MARCH 27, 2000
7:00 P.M.
Revised
1. CALL MEETING TO ORDER
2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. City Council March 13, 2000
5. SPECIAL ORDER OF BUSINESS:
6. REPORTS
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
C. Approval of Catering Contract
D. Approval of the 11th Rider of the St. Paul Water Agreement
8. UNFINISHED BUSINESS
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking, must give their full name and address for the
minutes. Please limit your comments to three minutes.
10. COUNCIL BUSINESS
7:05 A. Public Hearing for the Second Reading and Adoption of Ordinance 655,
an Ordinance Rezoning Bridges Golf Course Parcels from CRP and I-1 to
PF. – Jim Ericson
7:10 B. Public Hearing for the Second Reading and Adoption of Ordinance 657,
an Ordinance Amending Title 1100 by Adding a New Chapter 1126
pertaining to Interim Uses. – Rick Jopke
7:15 C. Public Hearing for the Second Reading and Adoption of Ordinance 656,
an Ordinance Amending Section 1008.08 of the Municipal Code
Pertaining to Billboards. – Rick Jopke
D. 1. Consideration of Resolution 5419, a Resolution Approving an
Interim Use Permit for Six Billboards at the Bridges Golf Course. – Jim
Ericson
2. Consideration of Lease Agreement with Eller Media Company
City Council Meeting
March 27, 2000
Page –2-
7:20 E. Public Hearing and Consideration of Resolution 5417, a Resolution
Concerning an Interim Use Permit Allowing Two Billboards on SYSCO
Property. – Jim Ericson
F. Consideration of Metropolitan Council Environmental Services Loan
Application – Michael Ulrich
G. Consideration of an application for a license from Golden Gloves Youth
Boxing -- Givonna Reed
H. Review of timetable for City Administrator Search -- Givonna Reed
I. Resolution No. 5422, a Resolution Determining the Acting City
Administrator -- Chuck Whiting
J. Resolution No. 5427, a Resolution Determining the Compensation Policy
for Employees Serving in Interim Management Employment Capabilities -
- Chuck Whiting
K. Letter from the President of the New Brighton-Mounds View Area
Chamber of Commerce requesting the Julie Olsen be removed from the
Economic Development Commission.
L. CLOSED SESSION
Review of LELS Patrol and Sergeant Contracts Negotiations
11. Next Council Work Session: Monday, April 3, 2000; 6:00 p.m.
Next Council Meeting: Monday, April 10, 2000; 7:00 p.m.
CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY, MARCH 27, 2000
7:00 P.M.
1. CALL MEETING TO ORDER
2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. City Council March 13, 2000
5. SPECIAL ORDER OF BUSINESS:
6. REPORTS
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
C. Approval of Catering Contract
D. Approval of the 11th Rider of the St. Paul Water Agreement
8. UNFINISHED BUSINESS
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking, must give their full name and address for the
minutes. Please limit your comments to three minutes.
10. COUNCIL BUSINESS
7:05 A. Public Hearing for the Second Reading and Adoption of Ordinance 655,
an Ordinance Rezoning Bridges Golf Course Parcels from CRP and I-1 to
PF. – Jim Ericson
7:10 B. Public Hearing for the Second Reading and Adoption of Ordinance 657,
an Ordinance Amending Title 1100 by Adding a New Chapter 1126
pertaining to Interim Uses. – Rick Jopke
7:15 C. Public Hearing for the Second Reading and Adoption of Ordinance 656,
an Ordinance Amending Section 1008.08 of the Municipal Code
Pertaining to Billboards. – Rick Jopke
D. Consideration of Resolution 5419, a Resolution Approving an Interim Use
Permit for Six Billboards at the Bridges Golf Course. – Jim Ericson
City Council Meeting
March 27, 2000
Page –2-
7:20 E. Public Hearing and Consideration of Resolution 5417, a Resolution
Concerning an Interim Use Permit Allowing Two Billboards on SYSCO
Property. – Jim Ericson
F. Consideration of Metropolitan Council Environmental Services Loan
Application – Michael Ulrich
G. Consideration of an application for a license from Golden Gloves Youth
Boxing -- Givonna Reed
H. Review of timetable for City Administrator Search -- Givonna Reed
I. Resolution No. 5422, a Resolution Determining the Acting City
Administrator -- Chuck Whiting
J. Resolution No. 5427, a Resolution Determining the Compensation Policy
for Employees Serving in Interim Management Employment Capabilities -
- Chuck Whiting
K. CLOSED SESSION
Review of LELS Patrol and Sergeant Contracts Negotiations
11. Next Council Work Session: Monday, April 3, 2000; 6:00 p.m.
Next Council Meeting: Monday, April 10, 2000; 7:00 p.m.
Item No 10 E
Meeting Date: March 27, 2000
Type of Business: PH & CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Planner
Item Title/Subject: Public Hearing and Consideration of Resolution
5417, a Resolution Approving an Interim Use Permit
for Two Billboards at Sysco Foods of Minnesota,
2400 County Road J.
Date of Report: March 22, 2000
Background:
DeLite Outdoor Advertising Company, representing the property owner Sysco Foods
of Minnesota, has applied for an Interim Use Permit to install two billboards on
Sysco property fronting State Highway 10, in locations generally represented in the
site plan attached to this report.
Ordinance 644, the ordinance which revised the City Code to conditionally allow for
the installation of billboards, requires that an interim use permit be obtained and
reviewed in the context of the adverse effects criteria in Subdivision 1e of Section
1125.01 as well as in the context of the Comprehensive Plan, as addressed in
Subdivision 3b of Section 1125.01. The ordinance sets forth siting criteria that must
be met in order for the request to be favorably considered, which are generally as
follows:
• Billboards shall be located at least 250 feet from a residentially zoned
property.
• Minimum spacing shall be 1,000 feet.
• Maximum sign area shall be 700 square feet per side.
• Maximum height is 35 feet.
Planning Commission Action:
After significant discussion, the Planning Commission approved Resolution 610-00, a
resolution which recommended to the City Council approval of the DeLite billboard
request subject to stipulations. This resolution is attached for the Council’s
reference. The stipulations considered and recommended by the Commission
concern (1) billboard design and construction, (2) advertising content, (3)
application for a variance.
Discussion:
Design: The two billboards proposed for the Sysco property are to be constructed of
steel and be of a mono-pole double-faced “V”-shaped design. The Planning
Commission expressed a significant concern and displeasure regarding this type of
Sysco Billboard Report
March 27, 2000
Page 2 of 14
typical billboard construction and the fact that it would be aesthetically inconsistent
with the billboards to be constructed on the adjacent Bridges Golf Course property.
Because billboards are conditionally allowed as interim uses, the City does have the
ability to impose reasonable design requirements with the granting of the permit.
The Planning Commission stipulated that the “design of the proposed billboards shall
be revised to be consistent with or aesthetically complementary to the billboards
approved for the Bridges Golf Course.” Staff has requested that the applicant
submit revised design sketches for the Council to consider.
Siting Requirements:
(1) Location: The two proposed signs would be located adjacent to and north of
State Highway 10. The signs are to be set back five feet from said right of
way and would be more than 300 feet from the nearest residentially zoned
property.
(2) Minimum Spacing: While the two proposed signs would maintain more than a
1000-foot separation from each other, the second sign on Sysco’s property
would not achieve the minimum required spacing from the first sign proposed
and approved on the adjacent Bridges Golf Course property. The Planning
Commission stipulated that Sysco apply for a variance to resolve this
inconsistency.
(3) Maximum Sign Area: The proposed signs would have a surface area of 672
square feet per side, which is less than the maximum allowed 700 square feet
per side.
(4) Orientation of Sign Faces: The sign faces will be angled and oriented toward
State Highway 10. The angle of the separation between sign faces would not
exceed 35 degrees.
(5) Maximum Sign Height: The signs would not exceed the 35-foot height
restriction.
(6) Obstruction. It is believed that the proposed billboards would not be
obstructive in any manner to drivers on State Highway 10.
Other than the minimum spacing requirement, this request meets all of the specific
siting requirements as set forth by ordinance 644. In response to the spacing issue,
DeLite, representing Sysco, has applied for a variance, which the Planning
Commission will consider at its next meeting on April 5, 2000.
Adverse Effects Criteria: Ordinance 644 requires that the requested interim use
permit be reviewed in the context of the adverse effects criteria in Section 1125.01,
Subdivision 1e of the City Code. These criteria, with applicable responses, are as
follows:
(1) Relationship to Municipal Comprehensive Plan.
The Comprehensive Plan, in either current or amended version, does not address the
Sysco Billboard Report
March 27, 2000
Page 3 of 14
issue of billboards.
(2) The geographical area involved.
The two billboards are to be located on Sysco property. Sysco is adjacent to only one
Mounds View property, that being the Bridges Golf Course, a commercial recreation
operation. There are residential properties at least 300 feet south of Sysco, across
State Highway 10; yet it is estimated that the billboards would not be visible from
these properties due to the presence of a tall sound barrier on the south side of the
highway.
(3) Whether such use will tend to or actually depreciate the area in which it is proposed.
It is not believed that the placement and installation of billboards adjacent to Highway
10 on Sysco property would depreciate the land values or visual appeal of the subject
parcel or neighboring properties.
(4) The character of the surrounding area.
The area north of State Highway 10 and west of I-35W is dominated by industrial
uses. Other than the Bridges Golf Course, which is the City’s commercial golf facility,
all other uses are of an industrial nature.
(5) The demonstrated need for such use.
The applicant has indicated that the revenue generated by the installation of the
billboards would offset Sysco’s operating costs at its present Mounds View
location and would help ensure financial viability into the future.
It appears that the request satisfies the adverse effects criteria addressed in the
City Code, as interpreted by the City Council and the Planning Commission.
General Use Criteria: Ordinance 644 also requires that the requested interim use
permit be reviewed in the context of the general conditional use requirements as
outlined in Section 1125.01, Subdivision 3b of the City Code. These requirements,
with applicable responses, are as follows:
(1) The use will not create an excessive burden on existing parks, schools, streets
and other public facilities and utilities that serve or are proposed to serve the
area.
Installation of billboards will not create or cause a burden to public facilities.
(2) The use will be sufficiently compatible or separated by distance or screening from
adjacent residentially zoned or used land so that existing homes will not be
depreciated in value and there will be no deterrence to development of vacant land.
It is believed that the billboards would not be visible from any residentially zoned
property in either cities of Mounds View or Blaine and that the installation of the
billboards would not have a detrimental effect on the development of vacant land in
Sysco Billboard Report
March 27, 2000
Page 4 of 14
the area.
(3) The structure and site shall have an appearance that will not have an adverse effect
upon adjacent residential properties.
There are no residential properties adjacent to Sysco and as such this requirement
does not necessarily apply. The design of the proposed billboards, if made to be more
consistent with the billboards approved for the Bridges Golf Course, would have an
appearance acceptable for this area.
(4) The use, in the opinion of the City Council, is reasonably related to the overall needs
of the City and to the existing land use.
It has been reported by the applicant that the need for the proposed billboards is
reasonably related to the economic situation of the property owner.
(5) The use is consistent with the purposes of the Zoning Code and the purposes of the
zoning district in which the applicant intends to locate the proposed use.
With the adoption of Ordinance 644, the proposed billboards are consistent with
the purposes of the City Code and the purposes of the zoning district in which they
are to be located.
(6) The use is not in conflict with the Comprehensive Plan of the City.
The Comprehensive Plan does not specifically address the issue of billboards, therefore
the proposed interim use permit would not be in conflict with the plan.
(7) The use will not cause traffic hazards or congestion.
Studies commissioned by highway safety and transportation groups and federal
agencies find no correlation between billboards and accidents.
(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be
provided.
Access to the billboards will be gained via existing Sysco drive aisles and parking
areas.
In the opinion of staff, all of the general use requirements regarding the siting and
installation of billboards on Sysco property are satisfied.
Recommendation:
The City Council should find that with the exception of the spacing issue and the
design and appearance of the proposed billboards on Sysco property, this request
meets the specific site requirements and satisfies the adverse effects criteria and
general use requirements as outlined in the City Code. As such, staff has prepared
Resolution 5417 for City Council approval, with stipulations.
Sysco Billboard Report
March 27, 2000
Page 5 of 14
_____________________________________
James Ericson, Planner
V:\DATA\GROUPS\COMDEV\DEVCASES\Iu00-002\Sysco Billboards Report - March 27, 2000.doc
Sysco Billboard Report
March 27, 2000
Page 6 of 14
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 610-00
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE
PERMIT TO
ALLOW THE INSTALLATION OF TWO OUTDOOR ADVERTISING SIGNS
ON SYSCO FOODS OF MINNESOTA PROPERTY
WHEREAS, the DeLite Outdoor Advertising, Inc, representing the property owner, Sysco
Foods of Minnesota, has applied for an Interim Use Permit to install two outdoor
advertising signs on Sysco property; and,
WHEREAS, the Sysco property is zoned Planned Unit Development
(PUD) and is legally described as follows:
Lot 1, Block 1, SYSCO and
Lot 1, Block 2, SYSCO
WHEREAS, the Mounds View City Council has adopted Ordinance 644 which amended the
City Code to conditionally allow billboards as an interim use on properties north of
State Highway 10 to face either State Highway 10 or I-35 W right of ways; and,
WHEREAS, the Mounds View Planning Commission has examined the
adverse effects criteria in Section 1125.01, Subd. 1e and finds the benefits of the
proposal outweighs any possible or perceived impacts to the community; and,
WHEREAS, the Mounds View Planning Commission has examined the
general conditional use permit requirements as stated in Section 1125.01, Subd.
3b and finds all requirements to be satisfied; and
WHEREAS, the Mounds View Planning Commission has reviewed the
proposal from DeLite Outdoor Advertising, Inc., and finds it to be consistent
with the siting requirements pertaining to billboards subject to changes as
recommended herein.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Mounds View recommends to the City Council approval of the Interim Use
Permit for two billboards on Sysco property as requested by DeLite Outdoor
Advertising, Inc., with the following stipulations:
1. The design of the proposed billboards shall be revised to be consistent with
Sysco Billboard Report
March 27, 2000
Page 7 of 14
or aesthetically complementary to the billboards approved for the Bridges
Golf Course. Final design approval shall be given by the City Council.
Sysco Billboard Report
March 27, 2000
Page 8 of 14
2. The applicant shall apply for and successfully obtain a variance from Section
1008.08, Subd. 10c of the Sign Code within 60 days of City Council
approval. If said variance request is denied, the applicant shall be
allowed installation of only one billboard subject to the siting
requirements outlined in the Sign Code.
3. Subject to the above stipulation, the locations of the proposed billboards shall
be as generally indicated on Exhibit A, attached to this resolution.
4. The applicant and the owner shall consider adding a clause to the lease
agreement which states that the Lessee will refuse objectionable
advertising content such as tobacco products, alcoholic beverages and
gambling.
5. If the applicant is unable to obtain the requisite billboard permits
from the Minnesota Department of Transportation, the interim use permit
should be considered null and void.
6. The applicant shall record or arrange to have recorded a copy of the City
Council resolution of approval with Ramsey County, within 60 days of
final action on this request, or the interim use permit shall be considered
null and void.
BE IT FURTHER RESOLVED that this interim use permit shall expire
on July 1, 2015 or at such time that the billboards become abandoned or remain
unused for a period of more than six months.
BE IT FINALLY RESOLVED that the Planning Commission directs staff
to forward this resolution to the City Council prior to approval of the minutes.
Adopted this 15th day of March, 2000.
_______________________
__________
Jerry Peterson, Chairperson
ATTEST
_______________________
____________
Rick Jopke, Community
Development Director
(SEAL)
Sysco Billboard Report
March 27, 2000
Page 9 of 14
Charles S. Whiting, City
Clerk / Administrator
(SEAL)
Sysco Billboard Report
March 27, 2000
Page 10 of 14
RESOLUTION NO. 5417
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN INTERIM USE PERMIT TO
ALLOW FOR THE INSTALLATION OF TWO OUTDOOR ADVERTISING
SIGNS
ON SYSCO FOODS OF MINNESOTA PROPERTY
WHEREAS, the DeLite Outdoor Advertising, Inc, representing the property owner, Sysco
Foods of Minnesota, has applied for an Interim Use Permit to install two outdoor
advertising signs on Sysco property located at 2400 County Road J; and,
WHEREAS, the Sysco property is zoned Planned Unit Development
(PUD) and is legally described as follows:
Lot 1, Block 1, SYSCO and
Lot 1, Block 2, SYSCO
WHEREAS, the Mounds View City Council has adopted Ordinances 644, 656 and 657 which
amended the City Code to conditionally allow billboards as an interim use on
properties north of State Highway 10 to face either State Highway 10 or I-35 W right
of ways; and,
WHEREAS, the Mounds View City Council has reviewed the proposal
from DeLite Outdoor Advertising, Inc., and finds it to be consistent with the siting
requirements pertaining to billboards subject to a variance requirement as
stipulated herein; and,
WHEREAS, the Mounds View City Council has examined the adverse
effects criteria in Section 1125.01, Subd. 1e, and finds that the proposal would
not adversely impact the subject property or surrounding properties; and,
WHEREAS, the Mounds View City Council has examined the general
use requirements as stated in Section 1125.01, Subd. 3b and finds all
requirements to be satisfied subject to design changes as stipulated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mounds View approves of the Interim Use Permit for two billboards on Sysco
property as requested by DeLite Outdoor Advertising Company, Inc., with the
following stipulations:
5. The applicant shall apply for and successfully obtain a variance from Section
1008.08, Subd. 10c of the Sign Code within 60 days of City Council
approval. If said variance request is denied, the applicant shall be
Sysco Billboard Report
March 27, 2000
Page 11 of 14
allowed installation of only one billboard subject to the siting
requirements outlined in the Sign Code.
6. Subject to the above stipulation, the locations of the proposed billboards shall
be as generally indicated on Exhibit A, attached to this resolution.
7. The design of the proposed billboards shall be revised to be consistent with
or aesthetically complementary to the billboards approved for the Bridges
Golf Course, an example of which is attached as Exhibit B.
8. The applicant and the owner shall consider adding a clause to the lease
agreement which states that the Lessee will refuse objectionable
advertising content such as tobacco products, alcoholic beverages and
gambling.
9. If the placement of the second billboard is within 100 feet of a wetland, the
applicant shall apply for and obtain a wetland buffer permit.
6. If the applicant is unable to obtain the requisite billboard permits
from the Minnesota Department of Transportation, the interim use permit
should be considered null and void.
7 The applicant shall be responsible for obtaining any and all other
necessary governmental permits and/or approvals.
8. The applicant shall record or arrange to have recorded a copy of the City
Council resolution of approval with Ramsey County, within 60 days of
final action on this request, or the interim use permit shall be considered
null and void.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this interim
use permit becomes effective upon the effective date of Ordinance Nos. 655, 656
and 657.
NOW, THEREFORE, BE IT FINALLY RESOLVED that this interim
use permit shall expire on July 1, 2015 or at such time that the lease expires or
the billboards become abandoned or remain unused for a period of more than six
months, whichever occurs first.
Adopted this 27th day of March, 2000.
_______________________
__________
Dan Coughlin, Mayor
Sysco Billboard Report
March 27, 2000
Page 12 of 14
ATTEST
_______________________
____________
Charles S. Whiting, City
Clerk / Administrator
(SEAL)
Sysco Billboard Report
March 27, 2000
Page 13 of 14
EXHIBIT A.
Sysco Billboard Report
March 27, 2000
Page 14 of 14
EXHIBIT B.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
March 13, 2000
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Marty, Quick, Stigney and Thomason.
NOT PRESENT: Coughlin.
3. APPROVAL OF AGENDA
A. Monday, March 13, 2000, City Council Agenda
Acting Mayor Stigney asked the Council if anyone would like to add items to the agenda.
City Administrator Whiting requested Item 10-D be removed from the Agenda. He explained
that this item is a resolution appointing Public Works Director Mike Ulrich to act as Interim City
Administrator, and includes an adjustment in wages which, based upon past policy, would place
these wages at a higher level than those of the current position. He indicated the wage
adjustment will be recalculated, and the item will be brought back before the Council for
consideration at the next City Council Meeting.
MOTION/SECOND: Quick/Thomason. To Accept the December 13, 1999, City Council
Agenda as Amended, with the Removal of Item 10-D.
Ayes – 4 Nays - 0 Motion carried.
4. APPROVAL OF MINUTES
A. Monday, February 28, 2000, City Council Minutes
Council Member Marty requested a correction to Page 2, third paragraph, first sentence to
indicate “…he, and two others...”
Council Member Marty requested a correction Page 15, 7E, paragraph 4, to indicate
“…unavailable on March 20…”
Acting Mayor Stigney requested a correction to Page 28, line 17 to indicate “…there are many
administrators…”
Mounds View City Council March 13, 2000
Regular Meeting Page 2
Mayor Coughlin requested a correction to Page 5, fourth full paragraph, fourth sentence to
indicate “it was not possible to contact Ramsey County that very evening because their offices
were closed.”
Mayor Coughlin requested a correction to Page 5, sixth full paragraph, fourth sentence to indicate
“Chaplain Nev Crowther, of Ramsey County Sheriffs Department, and Pastor William
McKinney, of Salem Baptist Church and also Chaplain with Ramsey County Sheriffs
Department.”
Mayor Coughlin requested a correction to Page 11, twelfth paragraph, last sentence to indicate
“He stated his thoughts and his prayers and those of his family would continue to be with
Brandon’s family.”
Mayor Coughlin requested a correction to Page 12, under Approval of February 14 minutes,
fourth correction, to indicate “Council Member Marty requested a correction to Page 14, third
paragraph, fifth line, to indicate “…$800 to $1,000 per day.”
MOTION/SECOND: Marty/Thomason. To accept the February 28, 2000 City Council minutes
as corrected.
Ayes – 4 Nays – 0 Motion carried.
B. Monday, March 6, 2000, City Council Minutes
Council Member Marty requested the Roll Call, which referenced each Council Member by their
full name, be amended to indicate “Mayor Dan Coughlin.”
MOTION/SECOND: Quick/Marty. To accept the March 6, 2000 City Council minutes as
corrected.
Ayes – 4 Nays – 0 Motion carried.
5. SPECIAL ORDER OF BUSINESS
None.
6. REPORTS
Council Member Quick had no report.
Council Member Marty had no report.
Acting Mayor Stigney presented Mayor Coughlin written report as follows:
“I was at the Capitol a few more times in the past couple of weeks trying to help with the
legislative efforts regarding the airport. Again my thanks and praise go to City Attorney Bob
Long and his staff along with Senator Novak and Representative Haake.
Mounds View City Council March 13, 2000
Regular Meeting Page 3
I attended a meeting facilitated by Representative Barbara Haake last Friday pertaining to safety
issues involving Highway 10. Representatives from MNDot and Ramsey County were there
along with the principal of Edgewood Middle School, Police Chief Bill Clark, Public Works
Director Mike Ulrich, and Councilwoman Lynne Thomason. Also in attendance were three
young teenagers, two of which were present when the thirteen-year old was killed recently. May
items were discussed and lots of good information came out of that meeting. My thanks to
Representative Barbara Haake for setting up that meeting, and also thanks to everyone who took
time out of the Friday evening to be a part of that group.
Finally, I would like to extend a word of thanks to Roger Stigney for filling in for me this
evening.”
Acting Mayor Stigney reported he attended the Charter Commission meeting, at which there was
discussion pertaining to the clarification and enhancements of three Charter amendments, in
attempts to make them less ambiguous. He indicated there was also consideration of some
changes to the Charter Commission Bylaws, which are required to be completed during the
month of March.
Acting Mayor Stigney reported the Council/Staff Retreat would be held on Thursday, March 23,
at 5:00 p.m., in Council Chambers, rather than the Northland Inn where the previous Retreat was
held. He stated this meeting was open to the public, and requested the Council direct the City
Administrator to post the appropriate notification.
Council Member Marty indicated this Retreat was tentatively scheduled to take place at the
Community Center, in order to provide the Council Members with a tour of the new showers and
locker rooms at the facility.
Acting Mayor Stigney stated the Council Members could tour the Community Center, after
which they could return to Council Chambers for the meeting, in order that it be broadcast.
Council Member Marty indicated there would be no City business conducted at the Retreat,
therefore, he would prefer it be held at the Community Center. He stated he appreciated the
candidness that has come forward in the past Council/Staff Retreats, and believed that in light of
some of the editorials that have appeared in the local papers pertaining to airing of the City’s
“dirty laundry”, this candidness and openness might not be as forthcoming. He explained that
staff might be less likely to offer their criticism in order to fine-tune the Council Members as
they had at the previous meeting.
Council Member Marty indicated the previous Retreat was very informative, in that he had
believed the Council was doing better than they actually were, however, they were apparently
falling into some of the traps that occurred in the past that they were attempting to avoid. He
pointed out that one of the Department Heads who has attended Council Meetings for a number
of years indicated the meeting prior to the retreat was the worst he had ever seen. He stated this
information has provided the Council with a wake up call, and the Council has been attempting
to utilize this criticism to improve. He advised that this frank discussion would not occur if they
were to meet in the Council Chambers, in that everyone would be more inhibited in front of the
Mounds View City Council March 13, 2000
Regular Meeting Page 4
camera. He requested the Council Members welcome this frank discussion, and accept the
constructive criticism, without inhibiting it in any way. He reiterated that they would not be
conducting any City business, and the meeting would be open to the public.
MOTION/SECOND: Marty/Quick. To Hold the Staff/Council Retreat at the Community Center
to Tour the Community Center in its Completed State, and View the Showers and Locker
Rooms, and to Facilitate any Open Discussion/Criticism.
Council Member Thomason stated she concurred. She explained that during the Retreat, the
Council does not set policy, or engage in any business that would affect the residents. She stated
this is a team building, honesty seeking effort, geared toward open communication between staff
and the Council, and much welcome and unwelcome constructive criticism has occurred which is
for the betterment of both the staff and the Council.
Acting Mayor Stigney indicated that in a democracy, a posted public meeting should be
broadcast on cable television. He stated the two previous Retreats that were held at the
Northland Inn dealt with goal setting for the City, and he believed the residents should be
apprised of the goals for the City. He indicated this was a perfect opportunity to hold the
meeting in Council Chambers, rather than going across the street, and attempting to stay off
camera.
Ayes – 3 Nays – 1 (Stigney) Motion carried.
Council Member Thomason had no report.
Council Member Marty stated he has heard discussion in the community pertaining to the loss of
life that occurred in front of City Hall, and some rumors have been spreading. He indicated the
report from the State Patrol has been received, and in his understanding, the rate of speed the
driver was travelling was 38 miles per hour, and as routine procedure, blood alcohol and drug
analysis were conducted, and were determined to be negative.
City Administrator Whiting stated the City received a donation from a young person in the
community, to be put towards a tunnel or pedestrian bridge on Highway 10. He indicated that as
discussed at the previous Council Meeting, the City is able to accept such donations, which
should be accompanied with some form of identification, and an indication at to their purpose.
He stated donations would be held until such time that a project is decided upon, or it is
appropriate to turn the money back. He stated he has been in contact with an individual who is
interested in setting up a benefit, which could possibly be held at the Community Center, and
further information in this regard will be forthcoming.
City Administrator Whiting stated Acting Mayor Stigney has suggested that staff schedule a
quarterly report of staff. He explained that this is typically done at the Council Work Session, at
which time, the Council is either presented with a formal report, or calculations are made
regarding the number of times staff members have assisted the Council on issues. He pointed out
that it might not be appropriate to schedule this matter for consideration at the Staff/Council
Retreat, as this would involve bringing the residents out of their homes in the evening. He
Mounds View City Council March 13, 2000
Regular Meeting Page 5
indicated that the Council could determine when they would like to consider this report, and staff
would schedule the item on the Agenda, and make themselves available.
Acting Mayor Stigney advised that the City Charter requires that City Departments make a
quarterly report to the residents as to the status of expenditures and items of this nature, and this
should be considered at a public meeting such as a Council Meeting or Work Session. He
indicated the next Council Meeting would be held on March 27, however, he was not certain if
that Agenda could accommodate this item.
Council Member Marty stated this matter should be postponed until the next Council Work
Session, which would be held on April 3.
Acting Mayor Stigney stated it was the consensus of the Council to consider the quarterly report
at the April 3 Council Work Session.
City Attorney Long reported that Senator Novak’s Airport Bill has cleared the Senate Local
Government Committee, and is awaiting Senate action either at the end of next week or early the
following week. He indicated the Bill Representative Haake introduced the previous year passed
out of all of the Policy Committees last year, and is currently in the Rules Committee of the
House. He indicated this Bill has again cleared all of the Policy Committees, and is being put in
final form to go to the Floor. He explained that they are currently waiting to have some
discussion with some of the House leadership, primarily regarding the form of the Bill when it
goes to the House Floor.
City Attorney Long advised that both Representative Haake and Senator Novak were working
very hard, and at this point, it is simply a matter of procedure. He indicated there was a very
large volume of Bills being heard on both the House and Senate Floors, and in fact, so many Bills
that they are actually competing for time to be heard. He explained that they were attempting to
insure that the Bills are scheduled on the General Orders to be heard, and they do not foresee a
problem in this regard.
Council Member Marty inquired regarding the next course of action, if for some reason the Bill
is not heard.
City Attorney Long stated there has been discussion regarding alternatives, such as adding the
language in the separate Bills as amendments to different Omnibus Bills which are currently
going through the process. He explained that the Omnibus Bills would be heard because they are
Funding Bills, and general State Government Operation Bills, and there are clearly a couple of
these that would be appropriate for a future amendment with this language. He stated they are
considering this as a second option, in the event that there is some difficulty with the timing,
however, either way, he believed they would have a Floor Senate and House vote on the Bill.
No further reports were considered.
7. CONSENT AGENDA
A. Approve Just and Correct Claims.
Mounds View City Council March 13, 2000
Regular Meeting Page 6
B. Licenses for Approval.
C. Set a Public Hearing for7:05 p.m., Monday, March 27, 2000, for the Second
Reading and Adoption of Ordinances 655, an Ordinance Rezoning Bridges
Golf Course Parcels from CRP and I-1 to PF.
D. Set a Public hearing for 7:10 p.m., Monday, March 27, 2000, for the Second
Reading and Adoption of Ordinance 656, an Ordinance Amending Section
1008.08 of the Municipal Code Pertaining to Billboards.
E. Set a Public Hearing for 7:15 p.m., Monday, March 27, 2000, for the Second
Reading and Adoption of Ordinance 657, an Ordinance Adding a New
Chapter 1126 to the Zoning Code Pertaining to Interim Uses.
F. Set a Public Hearing for 7:20 p.m., Monday, March 27, 2000, to Consider a
Resolution Regarding an Interim Use Permit to Allow Two Billboards on
SYSCO Property.
Acting Mayor Stigney asked the Council if anyone would like to remove Items for discussion.
Council Member Marty requested Item F be removed for additional discussion.
MOTION/SECOND: Quick/Marty. To Approve the Consent Agenda for Items A, B, C, D, and
E as presented.
Ayes – 4 Nays – 0 Motion carried.
Council Member Marty stated the Council had originally discussed six billboards on City
property, with a seventh billboard possible on Sysco property. He indicated the billboards were
originally to be spaced 1,500 feet apart, and the Council had decreased this spacing requirement
to 1,000 feet, however, Sysco would like to have two billboards on their property, and to further
decrease the 1,000-foot spacing requirement through a variance. He stated Sysco would also be
utilizing Delite Sign Company, which is a different billboard company than that utilized by the
City. He explained that he did not desire this section of Highway 10 to become “Billboard
Row.”
Council Member Marty indicated he did not like billboards, however, they are a necessity in
terms of paying off the escalating debt at the golf course, which increases by $33,000 per year in
bond payments alone. He stated he was concerned with regard to the decreased spacing
requirement, and that the billboards proposed on the Sysco property would not conform to the
design the Council has tentatively approved for use on the City property, which is in keeping
with the aesthetics of the Bridges Golf Course. He indicated that at least one of the billboards
proposed by Sysco would be a standard monopole structure, located on a parking lot, and raised
to allow trucks to pass underneath.
Acting Mayor Stigney advised that the consideration before the Council was to set a public
hearing for discussion of this matter. He pointed out that most of these questions are being
addressed by the Planning Commission, and this item is simply to establish a public hearing to
allow the residents the opportunity to comment on this proposal.
Mounds View City Council March 13, 2000
Regular Meeting Page 7
City Attorney Long stated this was correct. He explained that if the Planning Commission
recommends Council approval of an Interim Use Permit for the billboard proposed by Sysco, the
Interim Use Permit would contain the same decorative signage requirements as those placed on
the six signs proposed for the golf course property. He stated there would be uniformity in terms
of the appearance of the billboards.
City Attorney Long stated that in order for the billboard on the Sysco property to comply with the
decorative signage requirement, a variance would be necessary. He stated that if the City imposes
the decorative signage requirement on this billboard, which it will do, Sysco’s response would be
to accept that, however, they would then require a variance in order to place the sign on a
different portion of their property. He explained that there are only certain areas of the Sysco
property that can accommodate a monument style sign, due to their trucking operations, and the
external condition the City imposes becomes part of the basis for the variance. He stated this
was his understanding of the manner in which the Planning Commission is examining this
proposal, and the form it will take as it comes before the Council on March 27.
Council Member Marty stated he understood this, however, as they were all aware, if questions
have not been raised prior to the public hearing, there is the potential that they might be
overlooked. He indicated he would at least like to raise these issues, and have them passed back
to the Planning Commission for consideration.
Acting Mayor Stigney explained that this matter is in process, and the Planning Commission is
considering all of these items.
MOTION/SECOND: Thomason/Stigney. To Approve Item F, to Set a Public Hearing for 7:20
p.m., March 27, 2000, to Consider a Resolution Regarding an Interim Use Permit to Allow for
Two Billboards on Sysco Property.
Ayes – 3 Nays – 1 (Marty) Motion carried.
8. UNFINISHED BUSINESS
None.
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
David Jahnke, 8428 Eastwood Road stated he attended the previous Council Meeting at which a
comment was made that there were three Council Members who had voted against the pedestrian
bridge, and they should be held responsible for this child’s death. He stated he did not care to
bring this forward again, as it is tragic, and having nine grandchildren, himself, could not
imagine this. He explained however, he felt very disappointed that a citizen would ask such a
question of one of the Council Members present, and of the two previous Council Members who
were not. He stated they were definitely not responsible for this accident in any way. He
indicated he had spoken to other residents who thought it was a terrible thing to accuse someone
of being responsible for this child’s death.
Mounds View City Council March 13, 2000
Regular Meeting Page 8
Kimberly Oberg, 8340 Pleasant View Drive stated she and a number of residents from her street
were before the Council two weeks earlier to discuss the Spring Lake Park proposal of a traffic
light at the intersection of Pleasant View Drive and County Road 10. She stated she had been
unable to attend the previous Council Work Session, as she was presenting the issues to the
Spring Lake Park City Council, however, she had seen the meeting on videotape. She indicated
Director of Public Works Ulrich had once again referred to the original survey during this
meeting, and this was very offensive to the residents who have since followed up on this matter,
and have learned what the consequences are. She requested the Council consider that they had
done an honest survey. She explained that they asked everyone, did not twist any arms, and felt
they represented the block accurately. She commented that any type of survey could be written,
or twisted, or the outcome not presented, however, once the outcome is known, the people should
be afforded the opportunity to reconsider their response.
Mrs. Oberg indicated that at the meeting, the Council provided action directives, which included
that Director of Public Works Ulrich examine the placement of lights. She stated she had spoken
with Bruce Kasner of MNDot regarding this, and he indicated there is no rule, or even a standard,
but only a judgment call in terms of driver visibility, the configuration of the intersection, the
turning radius, and the current road placement and function of the road. She stated Mr. Kasner
was very knowledgeable, and was apparently quite involved in the lengthy battle with Spring
Lake Park regarding the installation of the light on Pleasant View Drive. She stated Mr. Kasner
indicated that sometimes they have to close the median and open up a new hole, which is exactly
what they have been proposing. She advised that there is no magic number, and nothing
prohibiting Spring Lake Park or Anoka County from considering their proposal.
Mrs. Oberg stated she has met with the Spring Lake Park City Council, and with the Pam
Iverson, of Jerry’s Floor Store, who represents the business interests, and they have scheduled an
offsite meeting the following day, to discuss this matter. She stated she had presented the
residential concerns, and felt that she and the business were not very well received. She
indicated they made fun of their alternatives, and suggested that they were attempting to get
Mounds View to pull the funding and back out. She indicated that this was incorrect, and
explained that they had requested Mounds View continue to cooperate, however, they would like
to have an alternative presented, and they would not be opposed to continuing funding. She
stated they believed there could be cooperation between Mounds View Spring Lake Park and
Anoka County to come to an optimum solution.
Mrs. Oberg indicated that during the videotape of the Council Work Session, there was
discussion of offering up the street as a sacrifice to appease Spring Lake Park. She stated she
was not certain if she had understood this correctly, however, this was the impression she
received, and therefore, would request that the Council not do this. She stated the Council
represents Mounds View, and the residents would like to be assured that they are continuing to
hear them in this regard.
Mrs. Oberg stated City Attorney Long was directed to investigate some legal issues, and she was
very interested in learning the outcome of his discovery. She stated she had met with some of the
residents of Oak Crest, and they indicated they would prefer a light at the alternative location
they have suggested, however, they were afraid that if they speak up they will not get a light at
all. She expressed her appreciation to the Council for hearing this matter, and to those who hung
Mounds View City Council March 13, 2000
Regular Meeting Page 9
with the heart of the request. She requested the Council simply look at an alternative, and on
behalf of the residents, withdraw the funding until such time as this has been considered.
Council Member Marty inquired regarding the time and location of the meeting the following
day.
Mrs. Oberg indicated that the city of Spring Lake Park has requested Dawn Iverson and Pam
Sibing keep this a business meeting, and she has been asked not to attend, therefore, she would
assume it would be a closed meeting. She stated all the major businesses and landholders are
expected to attend, including the owner of the Spring Lake Park Mobile Home Association, who
would be flying in from California. She indicated she could provide a report of the proceedings
after the meeting, and could provide the Council with the telephone numbers of Pam Sibing or
Dawn Iverson for further information.
Council Member Marty requested Mrs. Oberg provide this information on his voice mail. He
stated he would be interested in attending the meeting the following evening, if only to observe
the proceedings. He indicated that at the previous Work Session, Public Works Director Ulrich
was simply reporting back to the Council regarding this matter. He stated the survey had been
distributed, and he had voted in favor of the light at that time, based upon the results of the
survey. He explained that at the time, the question was black and white, in terms of whether or
not the citizens desired a light, and the majority had indicated a light would be acceptable,
therefore, he cast his vote accordingly.
Council Member Marty pointed out that it was possible that some people did not understand the
survey, however, the matter has now proceeded to the point that further input and discussion
pertaining to withdrawing their small amount funding is not very productive. He explained that
Director of Public Works Ulrich has advised that this project would proceed whether Mounds
View withdraws its 12.5 percent or not, however, if they do not, the City would have some input
into the matter. He advised that if the configuration of the street and the light do not work out,
and the City has maintained some input in the matter, Anoka County has indicated they would
redesign the corner. He commented that this was somewhat a sad compromise, however, at this
point in time, there were not very many alternatives.
Council Member Marty indicated Director of Public Works Ulrich has spoken with Police Chief
Clark regarding traffic studies in this area. He explained that if the project proceeds as proposed,
and traffic increases significantly in the next few months, they may be able to close off or cul-de-
sac the end of Pleasant View Drive. He stated he had inquired regarding Fire Department access,
and other issues had come forward at the Work Session in terms of pushing this problem off onto
some of the other streets in the area, however, there are not many options available.
Mrs. Oberg stated the city of Spring Lake Park suggested that their alternative proposal would
increase traffic on Westwood Drive, however, she pointed out that if they believe that curving the
road off to the left was a solution for their street, it should also be viable on this street. She
indicated there was no reason to route that traffic in front of the senior residence.
Mrs. Oberg stated she did not believe the statement that Anoka County would inevitably proceed
with this project was correct. She explained that they have some “over-interested in their own
Mounds View City Council March 13, 2000
Regular Meeting Page 10
design” engineers, however, MNDot has not seen the design plans, and must sign off on the
project. She indicated Ramsey County has not seen the design, and she has contacted many
people who are not aware of how the project is proposed. She advised that a final hearing of the
matter has been scheduled in May, and at this point, operating under the assumption that this
project will proceed as proposed is a fallacy.
Mrs. Oberg stated she was aware that the Council voted as they had because they believed the
residents desired the light based upon the results of the survey, however, the survey was
somewhat misleading. She explained that for some reason, two opposing responses were not
included, one being hers, three individuals indicated they would never have answered yes to the
survey, and others responded in favor of the light were shocked at the consequences. She
indicated there was some doubt to be cast upon the survey, however, she recognized that the
Council had voted based upon what they believed the needs and desires of the neighborhood
were. She reiterated that they would simply request the Council consider the alternatives that
would benefit the residents of Pleasant View Drive, as well as the business of Spring Lake Park,
which are struggling. She stated many people need representation in this matter, and she was
very glad the Mounds View City Council Members were their representatives, because she did
not feel very welcome in Spring Lake Park.
Council Member Marty indicated he had driven along Pleasant View Drive, and could see the
issues that have been brought forward. He indicated there were a number of issues due to
previous decisions, which have placed Mounds View in a less than favorable light with MNDot.
He advised that the less attention they bring to themselves, the farther they will go with MNDot,
adding that if they were to bring something forward to MNDot at this time, it would only serve to
lessen their credibility.
Acting Mayor Stigney stated it was his understanding that the Council gave direction to have
Spring Lake Park and Ramsey County look into all the issues that have been raised, and each of
those issues will have to be identified and addressed. He explained that this matter is still in
process, and hopefully there could be some cooperative effort, and possibly some adjustments in
the plan could accommodate the desires of both Spring Lake Park and Mounds View. He
inquired if this information would be provided to the Council, and Mrs. Oberg would be notified
when it comes forward.
City Administrator Whiting stated he assumed it would be.
Mallory Crum, 7820 Gloria Circle stated she attended the meeting facilitated by Representative
Haake pertaining to safety issues on Highway 10. She requested an update regarding the status
of these issues, in terms of the traffic lights, the pedestrian bridge and items of this nature.
Acting Mayor Stigney stated at the previous Council Work Session, several issues were
identified, and the Police Chief, and staff are working with Ramsey County, attempting to make
the lights safer, and improve the access on Highway 10.
City Administrator Whiting indicated that at the Work Session, they were informed that the
traffic lights provide sufficient time to cross the road. He stated that from staff’s perspective,
every department that has any correlation to Highway 10 would approach the issues based upon
Mounds View City Council March 13, 2000
Regular Meeting Page 11
safety as they see it. He explained that attempting to determine some form of coordinated effort
on a large scale might actually inhibit the development of a direction, therefore, in the next
several months, the citizens will be hearing about individual programs, policies, and actions that
could be taken to assist in this matter. He pointed out that this might not be recognizable in
terms of seeing these items individually listed on the agenda, however, this is the approach they
will be taking.
City Administrator Whiting stated a large-scale plan, such as constructing a pedestrian bridge or
a trail system, would involve a community effort, and would simply take time. He indicated
some of these items may come forward in the future in discussion, and the level of local interest
will have an effect upon keeping these considerations before the Council and staff, however, the
solutions are not always readily apparent, and not everyone is always in agreement.
Ms. Crum inquired if money was one of the primary reasons that little was being done at this
time.
City Administrator Whiting stated there is the question of how the money would be utilized. He
explained that there are questions pertaining to whether it would it be used for a pedestrian
bridge or trails, how they would insure that if a bridge was constructed, the citizens would utilize
it, and where the bridge would be located. He stated these questions have been debated in the
community for quite some time, and the pedestrian bridge that was proposed three years prior,
had it been approved, would have been constructed a quarter mile from the recent accident site.
He advised that money was always an issue, however, they were attempting to determine what
should be done to make the entire 2.5 mile stretch of four-lane highway through Mounds View
safer for the citizens to use and cross, no matter where they are located.
Council Member Marty indicated Police Chief Clark and Director of Public Works Ulrich had
flown up and down Highway 10 in a helicopter, to observe the traffic patterns. He stated the
local newspaper and representatives of MNDot have taken pictures of the accident site, and
further information would be coming forward in the next week or so concerning this matter. He
indicated a telephone call to Council Member Thomason had been forwarded to him from a
resident who believed the City should have 15 pedestrian bridges.
Council Member Marty indicated Highway 10 is traffic friendly, not pedestrian friendly, and they
are attempting to make the entire stretch of roadway safer, instead of simply attempting to
immediately obtain funds, and construct a pedestrian bridge at the Edgewood Drive intersection.
He explained that citizens cross Highway 10 at many different points. He pointed out that the
original site proposed for the pedestrian bridge was a quarter mile from the accident site, and all
were aware that people do not generally wish to go a quarter mile out of their way to reach to
their destination. He indicated another fatality occurred on Pleasant View Drive, and one
pedestrian bridge at Edgewood Drive would not help those residents. He advised that they must
have a good idea of what it will take to fix the entire road correctly, prior to considering the
aspects of funding.
Council Member Marty stated this would not be an overnight process. He noted the previous
bridge discussion went on for quite some time before the matter even came to a vote, however,
he felt encouraged that there is some public support and momentum to attempt to fix the entire
Mounds View City Council March 13, 2000
Regular Meeting Page 12
Highway 10 corridor through Mounds View. He added that he was particularly encouraged to
see the young people coming to City Hall.
Ms. Crum stated she would be meeting with her school principal the following day, to prepare an
overview of this matter for the Focus Newspaper. She inquired if there was anything the Council
would care to include, in terms of what was taking place with regard to the highway, the bridge
and items of this nature.
Council Member Marty suggested Ms. Crum consult with the editor of the Focus Newspaper, as
she was one of the individuals who was present at the accident site, and had worked with Police
Chief Clark and Public Works Director Ulrich at that time. He explained that she might be able
to provide more updated information. He added that Ms. Crum could contact City Administrator
Whiting or his assistant, Givonna Reed, and inquire regarding any new developments.
Ms. Crum inquired if the donation received by the City was from a student at Edgewood Middle
School.
City Administrator Whiting stated he would have to check to determine where the donor attended
school, however, the donation appeared to be from a young person, and it was directed to the
Finance Department for safekeeping.
Ms. Crum inquired if the City was requesting donations.
City Administrator Whiting advised that they focus their energies on the planning, and dealing
with what takes place on a road of this size in neighborhood type settings, in terms of where
people would desire to cross, and why the accident occurred the way it did. He indicated these
things can not always be explained, and there was no one present who did not wish they could
turn the back the clock and do one thing to keep that accident from having occurred. He stated
from the City’s standpoint, as they attempt to deal with this on a daily basis, they are faced with
questions regarding what the citizens who cross the highway know about crossing. He stated it
was reported to him that during the meeting the previous day, in the presence of the State Senator
and the State Representative who were discussing these issues, a parent and a child crossed the
highway on the light. He pointed out that they could construct bridges all over the highway,
however, they are not able to control everything.
City Administrator Whiting indicated a freeway system is walled in, and there is no pedestrian
access, however, Highway 10 is not a freeway, and he was not certain that the community would
desire such a barrier. He stated he has suggested to the Council and the community, and an
article had been written before this accident actually occurred, that changing the character of the
road was a means to deal with the interaction of pedestrians and vehicles on Highway 10. He
indicated there have been many debates with regard to this issue, and a large amount of money
has been spent in the past for studies. He stated the City has taken several different approaches
to address the issues, including the Comprehensive Plan. He explained it was not as though the
community has not attempted to address some of these issues, however, it is exasperating
because of what can occur, which leaves one wondering what could have been done differently,
however, sometimes there is not much that could have been done.
Mounds View City Council March 13, 2000
Regular Meeting Page 13
City Administrator Whiting stated the Council passed a resolution in support of a Bill which
came before them at the previous Work Session. He advised that this Bill is still alive in the
State House, and calls for changing the rules at the State level with regard to the timing of the
traffic lights. He indicated the Bill also contains a provision for funds to educate people
regarding the proper method of crossing the streets. He stated the Council was in agreement with
this, and this is one of many things they are attempting to do. He indicated that a pedestrian
bridge would cost upwards of $500,000 to $1,000,000, however, he believed that determining a
plan for how to live with Highway 10 would be the best use of their energies. He reiterated that
this was a difficult issue, and would involve much time and frank discussion to determine a
means to coexist with Highway 10.
Ms. Crum stated she and several of her classmates would be willing to instruct their school with
regard to crossing the road, and this would be discussed at their meeting the following day.
City Administrator Whiting stated the City would certainly make the Police Department available
to assist with this effort.
Ms. Crum thanked the Council and staff members for their assistance in this matter. She
indicated that this has been very difficult for her, and she appreciated their time.
Acting Mayor Stigney stated this was a tragic incident, and they all understood they were
attempting to address it with whatever means possible. He indicated it might be beneficial for
Ms. Crum to obtain a copy of the previous Work Session packet, to assist with her overview of
this matter. He explained that the packet contained an entire page or two of items they were
being considered to improve Highway 10. He advised that Ms. Crum could contact City
Administrator Whiting or Assistant to the City Administrator Reed in this regard.
City Administrator Whiting indicated the City appreciated the donation that was made that date.
He indicated that when the issue of donations came forward, the question was put to the City as
to whether or not they could accept donations, and this was determined to be acceptable. He
pointed out that Brandon’s family might also be in some need, and for those who desire to
contribute, this would be a very appropriate place to make such donations.
Ms. Crum stated their school has sponsored a memorial, and she was personally aware that many
eighth graders have donated much money for Brandon’s family. She stated she was willing to
donate anything she could to make Highway 10 safer, because they do not need to lose another
friend.
There were no further requests or comments from the floor.
10. COUNCIL BUSINESS
A. Public Hearing (7:05 p.m.) and Consideration of Resolution 5419, a
Resolution Approving an Interim Use Permit for Six Billboards at the
Bridges Golf Course.
Acting Mayor Stigney opened the Public Hearing at 8:05 p.m.
Mounds View City Council March 13, 2000
Regular Meeting Page 14
Planning Associate Ericson stated he would like to take this opportunity to remind the Council
that on Saturday, March 18, the North Metro Home and Garden Show would be taking place at
the Community Center from 9:00 a.m. to 3:00 p.m. He indicated there would be approximately
50 vendors at this event, and City staff members would be present, as well as staff from Fridley,
New Brighton and Blaine. He stated this should be a very good show for people who are
interested in home improvement or landscaping projects in the upcoming year. He indicated this
was a free event, and there would be door prizes, activities for the children, and food and
beverages would be available as well.
Planning Associate Ericson stated the item before the Council is Resolution 5419, which is a
resolution approving an Interim Use Permit for six billboards to be installed at the Bridges Golf
Course. He indicated that in December of 1999, the Council adopted Ordinance 644, which
allows for outdoor advertising signs as an interim use on properties north of Highway 10.
Planning Associate Ericson provided an overview of the general requirements for billboards in
these districts. He indicated the billboards must located 250 feet from residentially zoned
properties, and the minimum spacing from billboard to billboard is 1,000 feet. He advised that
the maximum sign area is 750 square feet or less, and the maximum sign height is 35 feet.
Planning Associate Ericson stated Eller Media has presented the City with a proposal to install
six signs on the golf course property. He indicated the Planning Commission has considered this
request, and at their last two meetings on February 16 and March 1, had some very lengthy and
significant discussions regarding this issue. He explained that now that billboards are a use
conditionally allowed by the City Code, the Planning Commissions focused upon the proposal
presented by Eller Media, in terms of the types of billboards presented, and whether or not the
proposal fits with the City Code. He advised that this proposal meets all of the requirements, and
fits with the City Code.
Planning Associate Ericson stated the Planning Commission had concerns with regard to the
theme of the signs as stated in the proposal. He explained that not all of the signs were proposed
to be the same high quality brick and monument type structure. He indicated that in their
resolution of approval, the Planning Commission has recommended that all of the billboards be
of this monument style design.
Planning Associate Ericson stated another issue of concern to the Planning Commission was the
advertising content that Eller Media would allow on the signs. He explained that because the
City is the landowner and leaseholder of these signs, the Planning Commission recommended
that the City take a more stringent approach to the permitted content, specifically with regard to
gambling advertising. He advised that the Planning Commission felt that in not allowing any
advertising for alcohol and tobacco products, or other types of objectionable advertising, the City
should also restrict advertising promoting gambling. He indicated this recommendation has also
been included in their resolution of approval, and this was an issue for the Council to determine
during their consideration.
Planning Associate Ericson stated the last item pertains to a proposal from Sysco Foods, and
their request to install two billboards on Sysco property. He indicated this item has been
Mounds View City Council March 13, 2000
Regular Meeting Page 15
scheduled for Planning Commission consideration on Wednesday, March 15, however, the
Commission was concerned that their recommendation of approval of the six billboards on the
golf course not hamper Sysco from achieving the two billboards they are requesting on their
property. He indicated this was matter was discussed with Golf Course Superintendent, John
Hammerschmidt, in terms of a possible shift in the spacing to provide for the 1,000 foot
separation. He stated that after researching this matter, Superintendent Hammerschmidt advised
that the spacing of the signs and their proposed locations were relative to the physical features on
the golf course. He indicated that if the signs were shifted to allow for the two signs on the
Sysco property, and maintaining the 1,000-foot separation, one of the billboards would be
situated in the eighth green, which would not be feasible.
Planning Associate Ericson stated the Planning Commission has recommended to the City
Council that the two parties work together to determine a solution. He indicated both
Superintendent Hammerschmidt and the representative of Delite Sign Company were agreeable
to this, and both felt that this matter could be resolved.
Planning Associate Ericson stated on March 1, the Planning Commission recommended to the
City Council that the request for the Interim Use Permit be approved. He explained that this
recommendation was also based in part on Ordinance 644, which requires that the adverse effects
criteria be considered with regard to the billboards. He advised that this pertains to how the use
impacts the relationship to the Municipal Comprehensive Plan, the geographical area involved,
the character of the surrounding area, and whether such use will tend to depreciate the area. He
indicated the Planning Commission, in reviewing these items, felt that the installation of the
billboards on the golf course property would not have an adverse impact upon the golf course
itself, or upon neighboring properties.
Planning Associate Ericson stated the Planning Commission also reviewed the general
conditional use permit criteria, which must also be examined pursuant to Ordinance 644. He
explained that although this is an Interim Use Permit, the Ordinance indicates that this use be
reviewed in the same manner and context as a conditional use. He advised that the Planning
Commission considered the eight separate criteria that are presented in the City Code for
conditional uses, and felt that the proposal, as presented by Eller Media complied with these
conditions, and were consistent with the City Code. He stated that in light of this, and the
willingness of both parties to work together on their separate applications, the Planning
Commission recommended approval of the Interim Use Permit.
Planning Associate Ericson stated staff has drafted Resolution 5419, which approves the Interim
Use Permit for six billboards to be constructed on the Bridges Golf Course property, with
stipulations. He indicated the first stipulation indicates that the billboards shall be designed and
constructed as indicated within the Eller Media proposal, dated January 14, 2000. He pointed out
that if the Council desires to dictate that all six billboards be constructed of exactly the same
materials, such language should be added at this time, as this is not specifically stated in the
resolution.
Planning Associate Ericson stated the second stipulation indicates that the locations of the
proposed billboards are to be as indicated on Page 8 of Eller Media’s proposal. He stated the last
Mounds View City Council March 13, 2000
Regular Meeting Page 16
stipulation indicates that if the selected billboard vendor, Eller Media, is unable to obtain the
necessary permits from MNDot, the Interim Use Permit shall be considered null and void.
Planning Associate Ericson advised that Sysco’s proposal would be before the Planning
Commission for a public hearing the following Wednesday, and a number of the issues Council
Member Marty had brought forward would be addressed. He explained that all of those issues
should be resolved in one form or another in the Planning Commission’s recommendation to the
Council, and all parties feel very strongly that the issues will be resolved in the sense that no one
should be harmed by these applications. He indicated the City is not a proponent of billboards,
as the Council has stated in the past, however, the Code is in place, and they must accept the
applications and review them in terms of whether or not they are consistent with the City Code
and the Comprehensive Plan.
Acting Mayor Stigney thanked Planning Associate Ericson for his very detailed overview of this
item.
Council Member Quick inquired if notification had been provided to residents within 250 feet of
the proposed site, when the Planning Commission held the public hearing on this matter.
Planning Associate Ericson stated it was.
Council Member Quick inquired regarding the height of the proposed billboards. Planning
Associate Ericson stated they would be no more than 35 feet in height.
There was no public input.
Acting Mayor Stigney closed the Public Hearing at 8:25 p.m.
City Attorney Long advised that when the public hearing for this matter was originally
scheduled, staff had thought that Item E of the Consent Agenda would be on the same time
frame. He explained that this item pertains to the aspect of amending the Code by adopting State
Law that puts into place the authority to issue Interim Use Permits. He indicated that
procedurally, this item should be in place before the City can actually grant an Interim Use
Permit, and therefore, he would recommend that the Council lay over the resolution until their
next meeting. He explained that the application before the Council would still be in line ahead
the Sysco proposal, and the Council would be have the opportunity to consider it in advance of
that, however, they do not wish to grant an Interim Use Permit before this statutory provision is
met.
MOTION/SECOND: Quick/Marty. To Lay Over Consideration of Resolution 5419, a
Resolution Approving an Interim Use Permit for Six Billboards at the Bridges Golf Course Until
the Next Meeting of the City Council.
Ayes – 4 Nays – 0 Motion carried.
Acting Mayor Stigney recessed the Council Meeting at 8:26 p.m.
The City Council Meeting reconvened at 8:35 p.m.
Mounds View City Council March 13, 2000
Regular Meeting Page 17
B. Public Hearing (7:10 p.m.) and Consideration of Resolution 5420 Adopting
the City’s Business Subsidy Policy under Minnesota Statutes, Sections
116J.993 through 116J.995.
Acting Mayor Stigney opened the Public Hearing at 8:36 p.m.
Economic Development Coordinator Parrish stated in 1999, the Legislature passed the Business
Subsidy Act, which requires all communities to adopt a Business Subsidy Policy to guide the
development of Business Subsidy Agreements. He explained that if the City does not have a
policy developed, they are unable to grant a financial or other incentive for business attraction or
attention purposes.
Economic Development Coordinator Parrish indicated Business Subsidy Agreements are
required to incorporate goals and objectives for any incentive offered in excess of $25,000. He
advised that the policy before the Council was generic in nature, however, allows the community
maximum flexibility when granting development incentives. He stated the two matters currently
before the Council are the public hearing, by which to obtain public input, and the consideration
of Resolution 5420, which approves the City’s Business Subsidy Policy.
There was no public input.
Acting Mayor Stigney closed the Public Hearing at 8:37 p.m.
Council Member Marty inquired if the new rules indicate that the City could not provide business
assistance as they have in the past, unless this Business Subsidy Policy in effect. Economic
Development Coordinator Parrish stated this was correct.
Acting Mayor Stigney stated his understanding is that the City must have a policy in order to
grant business subsidies, and that the policy will follow the Minnesota Statutes. Economic
Development Coordinator Parrish stated this was correct. He indicated the policy has been
widely distributed, and it is in conformity with the enabling legislation.
MOTION/SECOND: Marty/Thomason. To Waive the Reading and Approve Resolution No.
5420, a Resolution Adopting Business Subsidy Criteria.
Ayes – 4 Nays – 0 Motion carried.
C. Approval of Agreement for Services with Brimeyer Group for City
Administrator Starting March 28, 2000.
City Administrator Whiting stated the Council has been provided with a copy of the Brimeyer
Group proposal, in the amount of $15,000, plus expenses. He explained that Mr. Brimeyer is
currently involved in eleven searches, and may have some time constraints at the onset of this
process, however, he is familiar with Mounds View and should be able to make up this time very
quickly. He stated if the Council is in agreement, they can formally approve this agreement, as
they had indicated at the previous Council Work Session.
Mounds View City Council March 13, 2000
Regular Meeting Page 18
MOTION/SECOND: Thomason/Marty. To Approve an Agreement for Services with Brimeyer
Group for City Administrator Starting March 28, 2000.
Ayes – 4 Nays - 0 Motion carried.
D. Resolution Appointing Public Works Director Mike Ulrich Interim City
Administrator Starting March 28, 2000.
This item was removed from the current Agenda at the request of the City Administrator.
E. First Reading (Introduction) of Ordinance 655, an Ordinance Approving a
Rezoning of Bridges Golf Course Parcels from CRP (Conservancy,
Recreation and Preservation) and I-1 (Industrial) to PF (Public Facilities).
Planning Associate Ericson stated during the course of researching the City’s application for an
Interim Use Permit for billboards at the golf course, staff realized that the zoning of the golf
course was not consistent with what they had believed it to be, nor was it consistent with the
Comprehensive Plan or the City Code. He indicated there are a number of different parcels on
the golf course, which is multi-zoned with I-1 (Industrial), CRP (Conservancy, Recreation and
Preservation), and PF, (Public Facilities) designations. He advised that in staff’s opinion, the
appropriate zoning for the golf course is the PF Zoning District, which allows for golf courses as
a permitted use. He indicated golf courses are not allowed in the CRP or the I-1 Zoning
Districts.
Planning Associate Ericson stated staff recommends the rezoning of those parcels of the golf
course which are presently zoned CRP and I-1, to the Public Facilities designation, so that they
are in keeping with the Comprehensive Plan and the City Code. He added that it is presumed
that the PF zoning designation would be more advantageous with regard to the City’s application
for billboards, in terms of the potential location of billboards on the golf course. He advised that
Ordinance 655 effectuates this zoning change, and is before the Council for first reading at this
time.
MOTION/SECOND: Quick/Thomason. To Waive the Reading and Approve the First Reading
of Ordinance No. 655, an Ordinance Approving a Rezoning of Bridges Golf Course Parcels from
CRP (Conservancy, Recreation and Preservation) and I-1 (Industrial) to PF (Public Facilities).
Ayes – 4 Nays – 0 Motion carried.
F. Park Requisitions.
YMCA Director Terri Blattenbauer indicated she had previously come before the Council at a
Work Session, to discuss the use of a small amount of the Park Dedication Funds for two items
of park enhancement. She explained one of these items was backstop netting and a third baseline
net for Greenfield Park, and the other was to replace, repair and secure disc golfing units for
Silverview Park.
Mounds View City Council March 13, 2000
Regular Meeting Page 19
Ms. Blattenbauer stated the purpose of the netting is to control an inherent problem of baseballs
going into neighborhoods. She explained that they have decided to angle some netting behind
home plate and also along the third baseline. She indicated there are six disc golf units that are
either missing or damaged, and they determined it would be most cost effective to replace these
units. She advised that the total cost for both of these projects is $3,415, and she was before the
Council at this time to obtain formal approval for the use of these funds.
Council Member Quick inquired regarding the nature of disc golf.
Ms. Blattenbauer explained that disc golf is a form of golf in which small discs are thrown into
baskets. She indicated the game is played on a course, and it is scored in the same manner as
regular golf. She pointed out that this was a fairly popular activity in Mounds View. She
indicated some community members have offered to assist with the realignment of the units, and
one objective is to place them in more visible locations, where they would be less likely to be
vandalized so frequently.
Ms. Blattenbauer stated the Parks and Recreation Commission is currently working on an
investment plan for the Park Dedication Funds. She indicated Finance Director Kessel has
provided the Commission with some suggestions, and they are currently considering investing
the $160,000 to $170,000, with hopes that they can utilize only the interest earned on that amount
for a few years, to pay for park improvements.
MOTION/SECOND: Quick/Marty. To Approve Staff’s Recommendation for the Amount of
$3,415, to Come From Park Dedication Funds.
Ayes – 4 Nays – 0 Motion carried.
11. Next Council Work Session: Monday, April 3, 2000 – 6:00 P.M.
Next Council Meeting: Monday, March 27, 2000 – 7:00 P.M.
12. ADJOURNMENT
Acting Mayor Stigney adjourned the meeting at 8:48 p.m.
Transcribed and recorded by:
Trish Pearson
TimeSaver Off Site Secretarial, Inc.
Item No. 7B
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: March 27, 2000
Please consider the following contractor licenses for approval. The licenses listed will expire on
December 31, 2000. All applicants have submitted appropriate fees and proof of insurance.
Licenses are noted with a ΑNew≅ or ΑRenewal≅ after the company name. Those licenses
defined as Αnew≅ include all applicants that have never been licensed with the City or have not
been licensed within the past two years. Those defined as Αrenewal≅ were licensed in the last
half of 1999.
ASPHALT
Northwest Asphalt, Inc. - Renewal
GENERAL (COMMERCIAL)
Dalco Roofing & Sheetmetal - New
HVAC
Aero Mobile Home Service, Inc. – New
Little Igloo HVAC, Inc. – New
Mobile Home Improvement – New
SIDING
MJ Construction Exteriors, Inc. - New
WINDOWS
Wellington Window and Door Co. – New
LANDSCAPING
Miller Tree and Landscaping – New
Staff Recommendation: Approve license applications as requested.
CATERING AND FOOD SERVICE AGREEMENT
This Agreement (ΑAgreement≅), dated ____________________, 2000 is made between the
CITY OF MOUNDS VIEW, a municipal corporation under the laws of Minnesota (hereafter
ΑCity≅) and Elegant Thymes Catering, a division of Royal Fare Food Emporium, L.L.C. (hereinafter
ΑETC≅) to provide catering and food services at the Mounds View Community Center Banquet
Facility (hereafter “Facility”).
RECITALS
1. The City is the owner of the Mounds View Community Center located at 5394 Edgewood
Drive in the City of Mounds View.
2. ETC represents that they are a Minnesota corporation in good standing with the State of Minnesota
and its agents, representatives, and employees have the necessary education, training, experience,
certification, and licensing for purposes of providing catering services at the Facility.
3. The City desires to have and ETC agrees to provide the following services:
a. Provide a selection of menus and associated prices for events to be held at the Mounds
View Community Center that require food;
b. Meet with Facility staff and/or prospective clients to set menus and fees for the clients=
particular event;
c. Provide adequate staffing to meet the demand of the particular food event; and
d. Meet all health regulations, city ordinances, state law, federal law and any other
regulations, rules or requirements concerning food service.
NOW THEREFORE, in consideration of the mutual covenants and promises contained in this
agreement, the City and ETC agree as follows:
ARTICLE I: DEFINITIONS OF TERMS USED IN AGREEMENT
1. Center - The gymnasium, lounge/senior center and meeting room A and B in the Mounds
View Community Center.
2. City - The City of Mounds View, a municipal corporation under the laws of Minnesota.
For purposes of reserving and using the Center and Facility and paying compensation
under this agreement, the term ΑCity≅ shall also include any other individual or entity
that the City may contract with to provide recreation programming for the City; the City
will provide ETC with a written list of any such individual(s) or entities and authorized
events prior to them being included as a City use.
3. Community Center - The entire Mounds View Community Center, including the Center
and the Facility, as well as the kitchen, day care center and community education area.
4. Elegant Thymes Catering (ETC) - Elegant Thymes Catering, a division of Royal Fare Food
Emporium, L.L.C.
5. Facility - The banquet hall portion of the Mounds View Community Center.
ARTICLE II: TERMS AND CONDITIONS OF AGREEMENT
The initial term of this agreement will be three (3) years, commencing on April 1, 2000 and
continuing through March 31, 2003. This agreement shall automatically renew for additional
three year terms under the same terms and conditions set forth in the Agreement unless either
party gives written notice of termination to the other party at least one hundred and eighty (180)
days before the end of the initial term or any subsequent term of this Agreement; such
termination may be made by either party without penalty or cause.
ETC shall have the exclusive right to provide catering and food services at the Facility, except as
follows:
1. If users are not using the food or catering services of ETC, such users can provide their
own beverages and deserts, however, they will not be allowed to use any of the equipment
or supplies of ETC without the written consent of ETC. Any such user will be responsible
for set up and clean up for their event.
2. Weekday daytime users of the lounge (seniors) can prepare or have prepared by other
sources, any food product, however, they will not be allowed to use any of the equipment
or supplies of ETC without the written consent of ETC. Any such user will be responsible
for set up, supervision, and clean up for such event.
3. City sponsored recreation events in the lounge, lobby, meeting room or gymnasium can
prepare or have prepared by other sources, any food product, however, they will not be
allowed to use any of the equipment or supplies of ETC without the written consent of
ETC. Any such user will be responsible for set up and clean up for their event.
4. The City is allowed to have vending sales from a source other than ETC in the lobby area
of the Center.
ARTICLE III: COMPENSATION
ETC shall prepare an invoice for services to be provided for each event as soon as practicable after an
event has been scheduled, and remit said invoice to the City. Said invoice shall be provided to the City at
least one week prior to the date of the event. The City shall record the invoice in its records and collect the
required deposit. The City shall also send an invoice and related statements for unpaid balances and inform
ETC of any renter who has an unpaid balance prior to an event. ETC will not provide services for any
event unless all amounts owed for such event are paid prior to said event. After the event, ETC will inform
the City within two business days of any additional charges that are warranted from said event, at which
time any such amounts will be invoiced and collected by the City.
The City shall receive all payments from Center and Facility patrons for services provided. Advances
and/or deposits will not be considered revenue until such time as the related event has occurred. Any
charges for damages will not be considered revenue for purposes of calculating payments to ETC.
Discounts and credit card processing fees as well as sales tax charges will be considered deductions from
revenues for purposes of calculating payments.
Within three weeks of an event, the City will remit to ETC ninety-two and one-half (92.5) percent of the
amount invoiced for services provided by ETC, less the deductions noted above, provided, however, that
for any additional charges that are warranted and invoiced after the event, ETC=s percentage of such
amounts will not be paid until collected by the City. In addition, if any renter includes an additional
amount above the amount invoiced as a tip or gratuity, such amount shall be remitted in its entirety
(less any credit card processing fees) to ETC. The remaining seven and one-half (7.5) percent of
the amount invoiced for services provided by ETC less the deductions noted above, shall be
retained by the City as its commission and processing fee.
ARTICLE IV: DUTIES AND RESPONSIBILITIES
The City and ETC recognize and acknowledge that the Mounds View Community Center has
multiple tenants who share the use of some areas of the Center and agree to cooperate in
effectively operating and maintaining such areas for the good of all the users of the Mounds
View Community Center.
A. ETC=s Duties and Responsibilities. ETC shall devote its best efforts to providing
catering and food services and marketing such services at the Facility. ETC shall provide quality
service to customers. All services provided by ETC, ETC=s officers, agents, and employees
pursuant to this Agreement shall be provided by the company and such persons as an
independent contractor and not as an employee of the City for any purpose, including but not
limited to income tax withholding, workers= compensation, social security and Medicare taxes,
liability for torts, and eligibility for employee benefits. In addition, ETC agrees to do the
following:
1. Defend, indemnify and hold harmless the City, its elected officials, officers, employees,
agents and representatives, from and against any and all claims, costs, losses, expenses,
demands, actions or causes of action, including reasonable attorneys fees and other costs
and expenses of litigation, which may arise out of this Agreement for services provided
by ETC hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City
of any limitations on liability set forth in Minnesota Statutes, Chapter 466.
2. Data provided under this Agreement shall be administered in accordance with Minnesota
Statutes, Chapter 13 – The Minnesota Data Practices Act, and all data on individuals shall
be maintained in accordance with statutory guidelines.
3. Provide all customary services provided by a caterer and food service provider, including,
but not limited to, the following:
a. Provide a selection of menus and prices for events held at the Center that require
food. The prices and menus shall be agreed upon by the City.
b. Meet with Facility manager and/or prospective clients to set menus and fees for
the center patrons’ particular event.
c. Provide adequate staffing, including supervision, to the degree necessary for a
particular event at catering or food functions.
d. ETC agrees to meet all health regulations, city ordinances, state law, federal law
and any other regulations, rules or requirements concerning food service.
4. Assist the City in promoting the catering and food service at Facility. Any expenses not
previously agreed to by the City will be borne by ETC.
5. Maintain a price list or printed schedule of prices of all available commodities and
services, which will be available during normal business hours of the Center. All prices
shall be competitive with similar establishments within the service area.
6. Provide the personnel necessary to successfully operate and provide food and catering
services at the Facility. ETC shall maintain an adequate level of staffing and supervision
at all times in order to fulfill its obligations. ETC agrees to comply with all applicable
federal, state and local laws, resolutions, ordinances, rules, regulations and executive
orders pertaining to unlawful discrimination on account of race, color, creed, religion,
national origin, sex, marital status, disability, age, or status with regard to public
assistance. ETC will insure that all its agents, employees and representatives and agents
have had training in sexual harassment, gender sensitivity and cultural diversity.
7. Provide appropriate identification of its agents, employees, and representatives during the
performance of this Agreement.
8. Maintain workers= compensation insurance in compliance with all applicable statutes,
and professional, automobile, contract, and general liability insurance in amounts and in
forms satisfactory to the City as required by Article VII of this Agreement. ETC agrees to
provide the City with a copy of its Certification of Insurance for catering and copies of all
appropriate licenses.
9. Clean the Facility and Center after a catering or food event. Such cleaning shall, at a
minimum, remove the food and equipment used for the event in addition to soiling caused
by the catering or food service.
10. ETC agrees to provide the following equipment to be located at the Facility:
a. All linens, china, flatware, serving pieces etc. necessary to provide catering services to
groups up to 350.
b. Provide an under sink dishwasher in the kitchen area.
c. Provide coffee brewing equipment.
Upon mutual written consent of both ETC and the City, the City may enter into a lease
arrangement for any of the items noted above, and ETC will reimburse the City for the cost of any
such lease within ten business days from the earlier of date the City receives an invoice or is
required to make payment on any such lease.
11. Operate and provide the catering and food service in accordance with all federal, state,
and local laws, regulations, ordinances, and City policies. ETC will obtain all permits,
licenses, and certifications necessary to ensure compliance with all federal, state and local
laws, regulations and ordinances.
12. Affirms, that to the best of its knowledge, its involvement in this Agreement does not
result in a conflict of interest with any party or entity, which may be affected by the terms
of this Agreement. ETC agrees that, should any conflict or potential conflict of interest
become known, ETC will immediately notify the City of the conflict or potential conflict.
B. The City=s Duties and Responsibilities. The City agrees to provide the resources to
maintain the Facility and associated equipment. In addition, the City agrees to do the following:
1. Maintain liability insurance in accordance with limits established by Minnesota statutes.
2. Provide and maintain the following equipment at the Facility for use by ETC:
a. Ice machine;
b. Refrigerator;
c. Designated area for storage of linens, china, flatware, serving pieces, etc.; and
d. Kitchen facilities as they presently exist at the Center.
3. Provide access for events to ETC for the following:
a. Banquet room, kitchen, and storage area;
b. Tables and chairs.
4. Ensure that the Facility is cleaned and set up for the event.
5. Provide general custodial services and maintenance for the Facility, other than the service
required to be provided by ETC in Article IV, Section 9, and agree to keep the Facility
and related equipment in good repair.
ARTICLE V: TERMINATION
If ETC fails to perform any of the terms, conditions, or requirements of this Agreement, the City
will give ETC thirty (30) day=s written notice of such failure. After receipt of the written notice
of such failure, ETC will have up to thirty (30) days to correct the problem, except that the City,
at its sole discretion, may in any case take immediate steps at ETC=s expense to correct a
problem in order to protect the health, safety and welfare of the City and the public prior to the
end of the thirty (30) day period without affecting the City=s right to terminate ETC. If ETC
fails to correct the problem related to the performance of any of the terms, conditions or
requirements of this Agreement within the aforesaid thirty (30) day period for such provision, the
City may terminate the Agreement by giving ETC thirty (30) day=s written notice of such
termination.
If the City fails to perform any of the terms, conditions or requirements of this Agreement, ETC
will give the City thirty (30) day=s written notice of such failure. After receipt of the written
notice, the City will have thirty (30) days to correct the problem, except that ETC may in any
case take immediate steps at the City=s expense to correct the problem in order to protect the
health, safety and welfare of ETC and the public prior to the end of the thirty (30) day period
without affecting ETC=s right to terminate the Agreement. If the City fails to correct the
problem within that thirty (30) day period, ETC may terminate the Agreement by giving the City
thirty (30) days= written notice of such termination.
ETC may also terminate this Agreement for any reason by providing 60 days written notice of its
intent to terminate said Agreement, provided, however, that ETC waives any interest or rights to
compensation for catering or food events for the sixty (60) day period immediately prior to the
date it provides such notice. For any compensation already paid to ETC for the sixty (60) day
period immediately prior to the date it provides such notice, ETC will include a certified check
payable to the City with its written notice of its intent to terminate this Agreement under the
terms of this paragraph.
ARTICLE VI: OTHER PROVISIONS
1. Addresses and Notices. Any notice permitted or required to be given under this
Agreement must be in writing and shall be deemed to have been given if sent by certified
mail, postage prepaid, addressed as follows:
To the City: City Clerk-Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
To ETC: Elegant Thymes Catering
a division of Royal Fare Food Emporium, L.L.C.
4190 Vinewood Lane, # 111
Plymouth, MN 55442
If either party has a change of address, that party must give written notice to the other
party of such change as provided herein. Any party failing to provide notice of a change
of address shall be deemed to have received any notice sent as provided above.
2. Amendment. This agreement may be modified or amended only with the written
approval of ETC and the City.
3. Assignment. This Agreement shall be binding upon and inure to the benefit of the
parties. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective unless upon the written consent of ETC and the City.
4. Authority. Each of the undersigned parties warrants it has the full authority to execute
this Agreement.
5. Choice of Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Minnesota,
and all parties to this Agreement waive any objection to the jurisdiction of these courts,
whether based upon convenience or otherwise.
6. Construction. In the event that any one or more of the provisions of this Agreement, or
any application thereof, shall be found to be invalid, illegal or otherwise unenforceable,
the validity, legality, and enforceability of the remaining provisions in any application
therefor shall not in any way be affected or impaired thereby.
7. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire Agreement between the City
and ETC, and supersedes any other written or oral agreements between and City and
ETC.
8. Execution in Counterparts. This Agreement may be executed in counterparts by the
parties hereto.
9. Waiver. No failure by any party to insist upon the strict performance of any covenant,
duty, agreement, or condition of this Agreement or to exercise any right or remedy
consequent upon a breach thereof, shall constitute a waiver of any such breach of any
other covenant, agreement, term, or condition, nor does it imply that such covenant,
agreement, term or condition may be waived again.
10. Work Product. All records, information, materials and other work products prepared
and developed in connection with the provisions of services hereunder shall become the
exclusive and confidential property of the City. No such products shall be made available
to any other individual or organization by ETC without the prior written approval of the
City.
11. Mutual Renegotiation. This Agreement may be renegotiated by the City and ETC upon
mutual consent of both of the parties. Any such mutual renegotiations of this Agreement
must be reduced to writing as either an amendment to this Agreement or as an entirely
new agreement.
12. Understanding and Intent of the Parties as to this Agreement. The City and ETC
acknowledge that the City was the recipient of an end grant from the State of Minnesota,
acting through its Commissioner of Children, Families and Learning, to be utilized for a
portion of the renovation of the Community Center. The City and ETC intend and have
found that this Agreement is for the purposes of promoting and in furtherance of the
public health, safety and welfare of the City, and thereby represent that this Agreement is
not intended to constitute a “Use Agreement” as that term is used by Minnesota Statutes,
Section 16A.695. Notwithstanding anything to the foregoing, the City does not make any
representation or warranty concerning administrative or judicial interpretations of, or the
applicability or lack thereof, of Minnesota Statutes, Section 16A.695 to this Agreement.
ETC hereby waives any claim for any damages or other relief against the City, and its
officers, agents, and employees, arising from an action, whether successful or not, and
regardless by whom initiated, brought regarding the applicability of Minnesota Statutes,
Section 16A.695.
To the extent that of Minnesota Statutes, Section 16A.695 should be found to be
applicable to this Agreement, by the State or a court of competent jurisdiction, such that it
constitutes a Use Agreement, ETC and the City agree as follows: the City and ETC shall
amend the agreement accordingly to conform to statutory requirements and shall file any
reports required by Minnesota Statutes, Section 16A.695, with the appropriate department
of the state of Minnesota. Further, the parties agree to undertake any and all actions to
bring this Agreement into compliance with any other provisions or requirement of law.
ARTICLE VII: PERFORMANCE BOND AND INSURANCE PROVISIONS
1. Performance Bond. The City reserves the right to require, in its discretion, that
ETC post a bond, certificate of deposit, or other similar instrument approved by
the City in an amount as the City reasonably deems to be adequate compensation
for damages resulting from ETC’s nonperformance of its obligations under this
Agreement.
2. Insurance. ETC will maintain in full force and effect, at its own cost and
expense during the term of this Agreement, the following insurance coverage:
a. Commercial General Liability Insurance with limits of:
i. $1,000,000 each occurrence;
ii. $2,000,000 general aggregate.
Such policy shall include coverage for products, completed operations,
and personal injury and advertising liability. This policy shall also
contain an endorsement adding the City as an additional insured.
b. Business Automobile with combined single limit of $1,000,000.
c. Standard Workers Compensation and Employers Liability with limits of:
i. Bodily injury by accident $500,000 each accident;
ii. Bodily injury by disease $500,000 each employee;
iii. Bodily injury by disease $500,000 policy limit.
d. The City shall be provided with a certificate of insurance for all the policies
maintained pursuant to this Agreement that shall show the described coverage
including the additional insured endorsement, and the certificate shall provide
sixty (60) days notice to the City in the event of cancellation or non-renewal.
All required insurance shall be with a company acceptable to the City.
IN WITNESS WHEREOF, the City and ETC have executed this Agreement the day and year
first above written.
CITY OF MOUNDS VIEW
By:
Dan Coughlin
Its: Mayor
By:
Charles S. Whiting
Its: City Clerk-Administrator
ELEGANT THYMES CATERING
By:
Its:
a division of
ROYAL FARE FOOD EMPORIUM, L.L.C.
By:
Its:
Approved as to form and content:
By:
City Attorney
RESOLUTION NO. 5428
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE ELEVENTH RIDER TO THE
AGREEMENT WITH ST. PAUL WATER UTILITY
WHEREAS, an additional rider to the agreement with St. Paul Water Utility is required
for the reconstruction of a storm water pipe on Ramsey County Road I and;
WHEREAS, St. Paul Water Utility has drafted and adopted the rider and;
WHEREAS, the City Council of the City of Mounds View is in support of the rider.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View, does hereby approve the Eleventh Rider to the Agreement with St. Paul Water Utility.
Adopted this 27th day of March, 2000.
ATTEST: ______________________________
MAYOR
(SEAL) ______________________________
CITY ADMINISTRATOR
C:\Mike's documents\resolutions\St. Paul Water 11th Rider res 5428.doc
Item No: 10A
Meeting Date: March 27, 2000
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 & City Council
From: James Ericson, Planner
Item Title/Subject: Public Hearing, Second Reading and Adoption of
Ordinance 655, an Ordinance Approving a
Rezoning of Bridges Golf Course Parcels from CRP
(Conservancy, Recreation and Preservation) and
I-1 (Industrial) to PF (Public Facilities.)
Date of Report: March 22, 2000
Background:
In the course of processing the City’s application for billboards at the Golf Course,
staff has realized that certain Bridges Golf Course parcels are zoned CRP
(Conservancy, Recreation and Preservation) and I-1 (Industrial). Golf Courses are
not explicitly permitted uses within either the CRP or I-1 zoning districts. The only
zoning designation explicitly permitting golf courses is the PF, Public Facilities, district.
In addition, it is presumed that the PF zoning designation would be more
advantageous with regard to the City’s application for billboards, at least with regard
to the CRP designation.
The City Council held the first reading of this Ordinance on March 14, 2000.
Discussion:
Rezoning the properties associated with the golf course to a PF (Public Facilities)
designation would seem to be the most appropriate way to achieve consistency with
the Zoning Code, considering golf courses are explicitly permitted uses within the PF
district. In addition, the PF designation would be in keeping with the zoning of all
other city parks. In addition to achieving consistency with the Zoning Code, rezoning
the golf course so that all parcels have the PF designation would be more consistent
with the proposed Comprehensive Plan of the City, which designates the Golf Course
as SRO, or, Outdoor Sport and Recreation. Staff contends that the proposed PF
zoning designation would be more consistent with SRO land use designation. All other
City parks, which are zoned PF, are also designated SRO in the Comprehensive Plan.
Recommendation:
Given the present zoning designations of golf course parcels and their relative
inconsistency with the proposed Comprehensive Plan, staff recommends that the
City Council approve the first second reading and adoption of Ordinance 655, an
ordinance rezoning Bridges Golf Course properties from CRP and I-1 to PF, Public
Facilities. This action requires a roll call vote.
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\03-27-00\Item No. 10A--Ord 655--Jim
Ericson.doc
Bridges Rezoning Report
March 27, 2000
Page 2
_____________________________________
James Ericson, Planner
Attachments:
1. Ordinance 655
ORDINANCE NO. 655
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE APPROVING A REZONING OF BRIDGES GOLF COURSE PARCELS FROM CRP
(CONSERVANCY, RECREATION AND PRESERVATION) AND I-1 (INDUSTRIAL) TO PF (PUBLIC
FACILITIES)
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings” is hereby
amended to include reference to the following Ordinance 655.
Subdivision 1. Purpose. The Mounds View City Council has determined that the present zoning
classification of certain parcels associated with the Bridges Golf Course are inconsistent with the Zoning Code and
the proposed Comprehensive Plan.
Subdivision 2. The City’s official Zoning Map and the following described parcels are hereby amended
as follows:
Parcel Legal Description Existing Zoning
Designation
New Zoning
Designation
That Part of the Southeast Quarter of the Northeast Quarter of
Section 5, Township 30, Range 23, lying north and west of
State Highway 10 Right of Way
CRP
PF
Those parts of Lots 3, 4, 13 and 14, Block 1, Laport Meadows,
lying north of State Highway 10 Right of Way
CRP
PF
Those parts of Lots 1 – 5, Block 2, Laport Meadows, lying
north of State Highway 10 right of way
CRP
PF
All of Lots 1, 2 and 15, Block 1, Laport Meadows. CRP PF
Lot 4, Block 1, North Star Industrial Park 2nd Add I - 1 PF
Outlot A, North Star Industrial Park 2nd Add I – 1 PF
SECTION 2. This ordinance is effective thirty days after its publication.
Read by The City Council of the City of Mounds View this 13th day of March, 2000.
Read and passed by the City Council of the City of Mounds View on this 27th day of March, 2000.
_______________________________________
Dan Coughlin, Mayor
ATTEST
_______________________________________
Charles S. Whiting, City Clerk / Administrator
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\03-27-00\Item No. 10A--Ord 655--Jim
Ericson.doc
(SEAL)
APPROVED AS TO FORM:
_______________________
City Attorney
Item No. 10B
Staff Report No.
Meeting Date: March 27, 2000
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: Rick Jopke, Community Development Director
Title/Subject: Public Hearing, Second Reading, and Adoption of Ordinance No.
657, an Ordinance Relating to Interim Use Regulations and
Amending Title 1100 by Creating a New Chapter 1126 in the
Mounds View Municipal Code.
Date of Report: March 20, 2000
BACKGROUND
During the discussion of the proposed billboards at the golf course it was determined that
billboards should be an interim use instead of a conditional use in order to put time limits on
them. In order to do this technical amendments to the City Code are required.
The attached Ordinance No. 657 gives the city the authority to issue interim use permits pursuant
to the authority granted to cities in Minnesota Statutes Section 462.3597.
On February 28, 2000 the City Council gave first reading to Ordinance No. 657. The ordinance
language has been changed slightly to clarify that an ordinance is required to grant an interim use
permit and conditions can be placed on interim uses by ordinance, permit, or both. The public
hearing, second reading, and adoption of the ordinance is scheduled for March 27, 2000.
RECOMMENDATION
It is recommended that the City Council conduct the public hearing and approve Ordinance No
657.
_____________________________________
Rick Jopke, Community Development Director
N:\DATA\GROUPS\COMDEV\SPECPROJ\Sp076-00\32700 Ord 657 CC Report.doc
ORDINANCE NO. 657
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE RELATING TO INTERIM USE REGULATIONS AND AMENDING
TITLE 1100 BY CREATING A NEW CHAPTER 1126 IN THE MOUNDS VIEW
MUNICIPAL CODE
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Title 1100 of the Mounds View Municipal code shall be amended by the creation of a new Chapter
1126 as follows:
CHAPTER 1126
INTERIM USES
SECTION:
1126.01: Interim Uses
1126.01: INTERIM USES: Pursuant to the authority of Minnesota Statutes Section 462.3597, the
Council by ordinance may allow interim uses of property in any district within the City, and may establish
and impose conditions by ordinance, permit, or both, on any such interim use.
SECTION 2. This ordinance takes effect 30 days after its publication.
Read by the City Council of the City of Mounds View this 28th day of February 2000.
Read and passed by the City Council of the City of Mounds View this 27th day of March 2000.
____________________________________
Dan Coughlin, Mayor
____________________________________
Charles S. Whiting, City Clerk-Administrator
APPROVED AS TO FORM:
_____________________________________ City Attorney
N:\DATA\GROUPS\COMDEV\SPECPROJ\Sp076-00\ Ord 657.doc
SJR-176746v2
MU210-46
Item No. 10C
Staff Report No.
Meeting Date: March 27, 2000
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: Rick Jopke, Community Development Director
Title/Subject: Public Hearing, Second Reading, and Adoption of Ordinance No.
656, an Ordinance Amending Chapter 1008 (Signs and Billboards)
of the Mounds View Municipal Code Pertaining to Billboards as
an Interim Use.
Date of Report: March 20, 2000
BACKGROUND
During the discussion of the proposed billboards at the golf course it was determined that
billboards should be an interim use instead of a conditional use in order to put time limits on
them. In order to do this technical amendments to the City Code are required.
The attached Ordinance No. 656 changes the requirements that were instituted by Ordinance No.
644 to require an interim use permit instead of a conditional use permit. It also indicates that the
procedures for obtaining an interim use permit will be the same as for a conditional use permit.
The ordinance also extends the expiration date for billboard interim use permits from January 1
to July 1, 2015 so that the proposed billboards on the golf course can be up a full 15 years.
On February 28, 2000 the City Council gave first reading to Ordinance No. 657. The ordinance
language has not been changed. The public hearing, second reading, and adoption of the
ordinance is scheduled for March 27, 2000.
RECOMMENDATION
It is recommended that the City Council conduct the public hearing and approve Ordinance No
656.
_____________________________________
Rick Jopke, Community Development Director
N:\DATA\GROUPS\COMDEV\SPECPROJ\Sp076-00\32700 Ord. 656 CC Report.doc
ORDINANCE NO. 656
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1008 (SIGNS AND
BILLBOARDS) OF THE MOUNDS VIEW MUNICIPAL CODE
PERTAINING TO BILLBOARDS AS AN INTERIM USE
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Section 1008.08, Subdivision 10.a. of the Mounds View Municipal Code is hereby
amended by the addition of the bold and underlined language and by the deletion of the bold and stricken
language as follows:
Subd. 10. Billboards: A permit shall not be issued for any new billboard unless it complies with the
following interim use requirements, pursuant to Minnesota Statutes Section 462.3597:
a. CONDITIONALINTERIM USE PERMIT: An interim conditional use permit (CIUP)
must be obtained in accordance with procedures identical in form and substance to the conditional
use permit procedures found in Section 1125.01, Subdivision 3 of the Mounds View Municipal Code.
Any conditionalinterim use permit issued for an interim billboard shall automatically expire no later
than JanuaryJuly 1, 2015, or when the lease agreement for the billboard expires, whichever date is
earlier. Such CIUP shall be null-and-void if the applicant fails to obtain any required permit from the
State of Minnesota.
SECTION 2. This ordinance takes effect thirty (30) days after its publication.
Read by the City Council of the City of Mounds View on this 28th day of February 2000.
Read and passed by the City Council of the City of Mounds View on this 27th day of March 2000.
____________________________________
Dan Coughlin, Mayor
ATTEST:
____________________________________
Charles S. Whiting,
City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
____________________________________
City Attorney
N:\DATA\GROUPS\COMDEV\SPECPROJ\Sp076-00\ Ord. 656.doc
Item No 10 D
Meeting Date: March 27, 2000
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 & City Council
From: James Ericson, Planner
Item Title/Subject: Consideration of Resolution 5419, a Resolution approving an Interim
Use Permit for Six Billboards to be Installed at the Bridges Golf
Course
Date of Report: March 22, 2000
Background:
The City Council reviewed this request to allow billboards at the Bridges Golf Course as an interim
use at its March 13, 2000 meeting, tabling action until such time that the city code is amended to
allow for the granting of such interim use permits.
Ordinance 657 was drafted to effectuate such a change in the Zoning Code by creating a new
Chapter 1126, which adds the appropriate language to the Code pertaining to interim uses. This
ordinance is scheduled to have had its second reading and adoption prior to Council action on
Resolution 5419.
Planning Commission Action:
The Planning Commission reviewed this request at their February 16th and March 1st meetings. The
Planning Commission approved Resolution 606-00, a resolution recommending to the City Council
approval of the Interim Use Permit, subject to stipulations regarding design, advertising content,
MnDOT approval and recommendation that the City work cooperatively with DeLite Outdoor
Advertising Company, representing Sysco Foods. The Commission’s resolution was provided to the
City Council on March 13, 2000.
Discussion:
Ordinance 644, the ordinance which revised the City Code to conditionally allow for the installation of
billboards, requires that the interim use permit be reviewed in the context of the adverse effects
criteria in Subdivision 1e of Section 1125.01 as well as in the context of the Comprehensive Plan as
addressed in Section 1125.01, Subd. 3b.
The City Council has reviewed the adverse effects criteria and finds that the installation of the six
proposed billboards would not adversely impact the subject property of those properties adjacent
and near the Golf Course. The Planning Commission arrived at the same conclusion.
As for the general conditional use requirements addressed in Section 1125.01, Subd. 3b., the Council finds
that the effects of the proposed interim use upon the Comprehensive Plan would be minimal and that the
Resolution 5419
Page 2
health, safety and general welfare of occupants of surrounding lands would be not be materially harmed or
be detrimentally affected.
Recommendation:
Given the findings of the City Council and the recommendation of the Planning Commission, staff has
drafted Resolution 5419, a resolution approving an Interim Use Permit for six billboards to be
constructed at the Bridges Golf Course in accordance with the Eller Media Proposal.
_____________________________________
James Ericson, Planner
Attachments:
1. Council Resolution 5419
Resolution 5419
Page 3
RESOLUTION NO. 5419
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW THE INSTALLATION
OF SIX OUTDOOR ADVERTISING SIGNS ON BRIDGES GOLF COURSE PROPERTY IN
ACCORDANCE WITH THE ELLER MEDIA PROPOSAL
WHEREAS, the City of Mounds View has applied for an Interim Use Permit to install six
outdoor advertising signs on Bridges Golf Course Property; and,
WHEREAS, the Bridges Golf Course property is made up of a collection of parcels; and,
WHEREAS, the following legally-described golf course properties are zoned CRP --
Conservancy, Recreation and Preservation:
That Part of the Southeast Quarter of the Northeast Quarter of Section 5, Township 30,
Range 23, lying north and west of State Highway 10 Right of Way, and,
Those parts of Lots 3, 4, 13 and 14, Block 1, Laport Meadows,
lying north of State Highway 10 Right of Way; and ,
Those parts of Lots 1 – 5, Block 2, Laport Meadows, lying north
of State Highway 10 right of way; and ,
All of Lots 1, 2 and 15, Block 1, Laport Meadows; and,
WHEREAS, the following legally-described golf course property is zoned PF, Public
Facilities:
Outlot A, SYSCO
WHEREAS, the following legally-described golf course properties are zoned I-1, Industrial:
Outlot A, North Star Industrial Park 2nd Add
Lot 4, Block 1, North Star Industrial Park 2nd Add
WHEREAS, the above-referenced properties zoned CRP and I-1 are in the process of being
rezoned to PF, Public Facility, by the City; and,
WHEREAS, The City of Mounds View has adopted Ordinance 644 which amended the City
Code to conditionally allow billboards as an interim use on properties north of State Highway 10 to
face either State Highway 10 or I-35 W right of ways; and,
Resolution 5419
Page 4
WHEREAS, Ordinance 644 requires that any billboard application be reviewed in the
context of Section 1125.01, Subdivision 3 of the City Code; and,
WHEREAS, the Mounds View City Council has reviewed the proposal from Eller Media
and finds it to be consistent with the zoning requirements pertaining to billboards; and,
WHEREAS, the Mounds View City Council acknowledges that the Planning Commission
has determined that the proposed lease of the Bridges property is consistent with the Comprehensive
Plan and in keeping with the requirements of Section 462.356, Subd. 2 of Minnesota Statutes; and,
WHEREAS, the Mounds View City Council has examined the adverse effects criteria in
Section 1125.01, Subd. 1e and finds the benefits of the proposal outweighs any possible or
perceived impacts to the community; and,
WHEREAS, the Mounds View City Council has examined the general criteria as stated in
Section 1125.01, Subd. 3b and finds all requirements to be satisfied.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves an
Interim Use Permit for the installation of six billboards on Bridges Golf Course property in
accordance with the Eller Media proposal, subject to the following stipulations:
1. The billboards shall be designed and constructed as indicated within the Eller Media
proposal dated January 14, 2000, as shown on the attached Exhibit A.
2. The locations of the proposed billboards shall be as indicated on Page 8 of the Eller Media
proposal dated January 14, 2000, or in other locations consistent with Mounds View
Municipal Code and the lease agreement between the City and Eller Media.
3. If any of the proposed billboards are to be sited and installed within 100 feet of a wetland,
the applicant will need to apply for and obtain a wetland buffer permit.
4. If the selected billboard vendor is unable to obtain the requisite billboard permits from the
Minnesota Department of Transportation, the interim use permit should be considered null
and void.
5. The applicant shall be responsible for obtaining any and all other necessary governmental
permits and/or approvals.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this interim use permit becomes
effective upon the effective date of Ordinance Nos. 655, 656 and 657.
NOW, THEREFORE, BE IT FINALLY RESOLVED that this interim use permit shall
expire on July 1, 2015, or in the case of abandonment for a period greater than six months or upon
lapse of the lease agreement between the City and Eller Media, whichever occurs first.
Resolution 5419
Page 5
Adopted this 27th day of March, 2000.
___________________________________
Dan Coughlin, Mayor
ATTEST
___________________________________
Charles S. Whiting, City Clerk/Administrator
(SEAL)
Resolution 5419
Page 6
EXHIBIT A
Resolution 5419
Page 7
Item No.10F
Staff Report No.
Meeting Date: March 27, 2000
Type of Business: C.B.
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: Michael Ulrich, Director of Public Works
Item Title/Subject: Consideration of Metropolitan Council Environmental Services
Loan Application
Date of Report: August 29, 2018
Staff has received information from Metropolitan Council Environmental Services regarding a
loan program they are offering to reduce Inflow and Infiltration (I&I) into the sanitary sewer
system. I spoke with a representative of the agency to determine what methods and measures
qualify for the program. Many of the methods currently utilized by the Wastewater Division not
only reduce I&I, but also to stabilize and correct the alignment of our pipes, qualify for the
program.
The program is administered in the following manner. A community will apply for a loan of up
to $30,000.00 to reduce I&I utilizing various methods. These methods may include grouting
joints and cracks, sealing manholes, lining pipes, and sump pump removals to mention a few.
The Council will then rank each individual proposal with an established scale of most beneficial
categories and determine awards. A total of $275,000.00 is available for projects this year. Once
award, the agency has 18 months to complete the project. If the agency can document the
effectiveness of the program for each of the subsequent 5 years, the loan payment for that year is
forgiven. It is staff opinion that the methods the City of Mounds View are using will continue to
serve this purpose for at least this period of time.
Staff is requesting the City Council’s approval to submit a loan application for $30,000.00. The
2000 Wastewater Budget currently has $25,000.00 allocated for main and manhole rehabilitation.
Staff would request an additional $5,000.00 from the Wastewater Contingency Fund be
transferred to Account No. 730-4823-5160, System Maintenance to complete the City’s shared
contribution. Staff will submit the application listing the following corrective measures:
1. Manhole Cover Replacement
2. Manhole Sealing
3. Grouting of cracks and joints
4. Implementation of Sump Pump Removal Project
Staff will provide more information as to the detail of these measures, time and staff
requirements and any other questions Council may have. Staff requests Council consideration of
the attached Resolution for submittal to Metropolitan Council Environmental Services.
City of Mounds View Staff Report
August 29, 2018
Page 2
_________________________________
Michael Ulrich, Director of Public Works
RECOMMENDATION: Council adopt Resolution No. 5425, a Resolution Authorizing a
Metropolitan Council Environmental Services I & I Loan Application.
C:\Mike's documents\staff reports\Met Council I&I stfrpt.doc
RESOLUTION NO. 5425
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING A METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES I & I LOAN
APPLICATION
WHEREAS, the City Council of the City of Mounds View wishes to apply for a Metropolitan Council
Environmental Services I & I loan to perform measures to reduce the Inflow and Infiltration (I &I) in the City’s
sewer system and;
WHEREAS, the corrective measures identified by staff to produce the desired results are, replacing
manhole covers, sealing manholes, sealing cracks and joints in sewer mains, televised inspection of mains and
initiating a sump pump inspection program and;
WHEREAS, these measures will lower the amount of clean water entering the sewer system, thereby
lessening the City’s wastewater treatment charges, thereby reducing the demand placed on the area treatment plants
and;
WHEREAS, the City Council authorizes staff to apply for a matching loan of $30,000.00 to initiate and
incorporate the preceding measures into the City’s current budget and maintenance schedule and;
WHEREAS, it is understood that if the corrective measures performed by the City of Mounds View can be
verified to be reducing the amount of I & I for a five year period of time, the loan payments for those years will be
forgiven by Metropolitan Council Environmental Services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View authorizes staff to
apply for a $30,000.00 matching loan offered by Metropolitan Council Environmental Services for the reduction of I
& I.
Adopted this 27th day of March, 2000.
ATTEST: ______________________________
MAYOR
(SEAL) ______________________________
CITY ADMINISTRATOR
C:\Mike's documents\resolutions\Met Council I&I Loan Res5425.doc
RESOLUTION NO. 5422
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION DETERMINING THE ACTING CITY ADMINISTRATOR
WHEREAS, City Administrator Chuck Whiting is resigning his position effective March
27, 2000.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council
names Director of Public Works Mike Ulrich as Interim City Administrator starting
March 28, 2000 and continuing until the starting date for the new City Administrator;
Adopted this 27th Day of March 2000.
______________________________
Dan Coughlin, Mayor
Attest:
____________________________________
Charles S. Whiting, City Administrator
Compensation for Interim City Administrators/Managers
March 14, 2000
City Policy
Lanesboro deputy clerk was paid an additional
$3,465.00 for four months.
Hutchinson policy so far unwarranted
Farmington Minimum salary for the position
Crystal 84,662 - 101,595
85,000 (new city manager)
St. Paul Chief of Staff ($3017.89 to 3765.99 bi-
weekly)
New Hope policy so far unwarranted
Mankato The Assistant was compensated at
about 15% above her rate of pay (She
was at the top of the pay range).
Stearns County 4 1/2% or the minimum of the range,
which ever is greater.
Eagan policy so far unwarranted
Stillwater policy so far unwarranted
Brooklyn Park 5%-15% above current salary while
holding the interim position.
Division manager interim assignments
typically receive a 5-10% increase,
while a department director assignment
would receive a 10-15% increase.
They are careful to not increase the
interim salary to a level above the
normal salary range for the position.
Robbinsdale no set policy but would recommend the
starting "City Manager" rate of $6,087
per month
Richfield At 110% of their current rate of pay . .
.the same as anyone working "out of
class".
New Brighton Same rate as manager
City of Shoreview (1993 the acting manager received $1000
more a month.
Maplewood Totally negotiable.
RESOLUTION NO. 5427
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION DETERMINING THE COMPENSATION POLICY FOR
EMPLOYEES SERVING IN INTERIM MANAGEMENT EMPLOYMENT
CAPACITIES
WHEREAS, the City will from time to time have vacancies in management and
department head positions; and
WHEREAS, the City Council may select an appropriate employee to serve in an
interim capacity to meet the needs of the vacant position;
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council
sets the policy to compensate such employees at 115% of their current rate of
pay for service performed during the interim. The employee shall perform the
additional duties to the best of their abilities as the Council determines. The
Council may choose to end the interim status should performance be determined
by the Council to not be adequate for any reason. This policy will apply only to
employees serving as interim department head or city administrator positions.
Adopted this 27th Day of March 2000.
______________________________
Dan Coughlin, Mayor
Attest:
____________________________________
Charles S. Whiting, City Administrator