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Agenda Packets - 1987/07/06
CITY OF MOUNDS VIEW CITY COUNCIL AGENDA SESSION JULY 6, 1987 7:00 P.M. 1. Consideration of Staff Memorandum Regarding 2609 County Road I 2. Consideration of Staff Memorandum Regarding Amendments to Cable Television Joint Powers Agreement 3. Consideration of Staff Memorandum Regarding Metropolitan Council Rehabilitation Loan Program q. Consideration of Staff Memorandum Regarding Planning Consultant Selection 5. Consideration of Staff Memorandum Regarding Portable Classroom 6. Consideration of Staff Memorandum Regarding Cable Equipment Bids of Staff Memorandum Regarding Paul 7. Consideration Subdivision, 8368 Red Oak Drive, Mounds Johnson Minor View Planning Case No. 212-87 8. Consideration of Staff Memorandum Proposal Tom Thumb Self Service Gasoline Pump P 9. Status Report on Mounds View Business Park (Everest Development, Ltd.) Final Environmental Impact Statement 10. Consideration of Staff Memorandum Regarding Comparable Worth Wage Structure �- PROCEEDINGS OF THE CITY UkCIIl p"{ CITY OF MOUNDS VIEW G 'y RAMSEY COUNTY, MINNESOTA Regular Meeting June 22, 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ------------------------------------------------------------------------- The Mounds View City Council was called to order by 1. Call to Order Mayor Linke at 7:00 PM on Monday, June 22, 1987. The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Quick, Blanchard, 3. Roll Call Wuori and Mayor Linke. It was noted that Councilmember Hankner was absent. ALSO PRESENT: City Attorney Meyers, Clerk/Admini- strator Pauley. Motion/Second: Blanchard/Wuori to approve the June 8, 4. Approval of 198 -minutes as presented. Minutes: June 8, 1987 4 ayes 0 nays Motion Carried There were no residents requests or comments from the ' S. Residents Re - floor. quests and Comments from the Floor Clerk/Administrator Pauley read the items on the 6. Approval of proposed consent agenda. Consent Agenda Motion/Second: Wuori/Quick to approve the consent agenda, as presented, and waive the reading of the resolutions. 4 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened 7. Public Hearing: the first public hearing. Everest Dvlpt., Ltd. Mounds View City Regular Meeting Council n �g June Page 22, 1987 Two ------------------------- ppm'��g�a) IsGY T:-i-TI - ------ Mayor Linke explained the purpose of the public hearing was to receive oral and written comments on the EIS, for the Mounds View Business Park. He stated all comments must be received at City Hall by July 7, and he added that copies of the summary EIS are available for review at City Hall. Phil Carlson; of Everest Development, stated several issues surrounding the development project were analyzed, with five key areas addressed being consistency with the Comp Plan, air quality and noise, transporation and traffic, storm water management and economic employment and sociological impact, and he briefly reviewed the EIS and summary of findings. Bill Serricks, 2210 Pinewood Drive, stated he was concern- ed with the amount of traffic that would be using Quincy to and from County Road I, and in particular the truck traffic, and he added that he does not agree with the traffic counts presented. He also stated he feels the homes in the area will decrease in value because of increased traffic on Quincy. Mayor Linke replied the City intends to post the area that all truck traffic will have to go out to Highway 10 and not use Quincy. He also stated it would be helpful to have written comments to review, and they must be received by July 7. Mayor Linke closed the public hearing and reopened the regular meeting at 7:19 PM. Mayor Linke closed the regular meeting and opened the 8. Public Hearing:" second public hearing at 7:19 PM. Tom Thumb, 2408 County Rd Clerk/Administrator Pauley presented an overhead of the I, Request for proposed site plan and reviewed Staff's report. He Rezoning and noted items missing from the site plan provided by the CUP applicant include lighting, blacktop, current or future location of signs, permanent curbing, buffering or landscaping, and he noted only 28 parking spaces are show on the plan, while the Comp Plan calls for 52 spaces plus one per employee. He added the Comp Plan calls for neighborhood commercial, and this plan is not in conformance with that, and Staff would recommend denial. fie stated the Planning Commission has passed a. resolution recommending denial of the request, and he reviewed the reasons given. fie also noted the Fire Department had not reviewed the plan yet, as the final site plan was not received by the City in time. Mayor Linke stated he was concerned that the underground tanks and the pumps are right up to the property line along County Road I. Mounds View City Council _4 R_ June 22, 1987 Regular Meeting 6 �T� e - Page Three ---------------------- u - -------------------- ���J`�19 �. George May, an attorney representing Tom Thumb, stated he had not received the Staff report of June 9. Mayor Linke stated the items commented on are part of the City code, and the developer should have been aware of the requirements of the City. Michael Icker, of Pump and Meter Service, stated they are aware of what the Ci.ty's requirements are and will address those later. Mr. May stated they have applied to have the zoning changed from B-1 to B-3, so that they can be granted a conditional use permit to sell gas as this location. He stated Tom Thumb presently sells coffee and inci- dental items and now wants to sell gas. He added it would not be their main business, and he presented two pictures to the Council of other Tom Thumb stores which sell gas, showing what a typical site would look like. Mr. May stated they are asking for this as a matter of economic life and death, as they will be facing an economic hardship if they are unable to sell qas. Mr. May referred to sections of the Comp Plan and land use map, stating it is his interpretation that this request could be allowed, and he feels the narrative portion of the Comprehensive Land Use Plan should take precedence over the illustrations in the Plan. He also noted County Road I is undergoing changes right now, and will become an even busier road. He also pointed out 324 citizens of Mounds View had signed a petition, which had already been presented to the Council, stating they were in favor of the installa- tion of gas pumps at this location. Mayor Linke explained to Mr. May that the drawings are used as a matter of clarifying the written statements in the Comp Plan, and they go by the written statements only if there is a conflict, and he does not feel this is a conflict. tie pointed out the City has already gone to court on a similar issue, and the Comp Plan has prevailed in District 1. Clerk/Administrator Pauley stated Staff did an evalua- tion of the petition received, and except for five single family home owners, all other signatures were from multiple family addresses with a 4 block radios or properties further from the site. Mr. Icker stated he agrees the underground tanks are planned too close to the property line and they can be moved. Ile also stated that if the ordinance was enforced to the fullest extend for parking and buffer zones, the store could not be built today. Mounds View City Council �1� 'u IV June 22, 1987 Regular Meetings ' r� �•a Paqe Four ---------------------------------------------------------------------- Mayor Linke explained they are not changing the existing building but rather requesting to add a gas station, which must come under current code. Mr. Ickers stated they can only get so many parking spaces on the property, and he had counted only 12 spaces at the new Super America in Mounds View, which is a much larger facility. He also pointed out there is a fence at the back of the property line with a small green area behind it, and for lighting they are proposing downward illuminating, to be placed on the canopy only. Mayor Linke pointed out that this site just does not have the room to do many of the things that are required. Councilmember Wuori asked if security lighting would be provided for the parking spaces in the back of the store. John Hanson, the owner of the building, stated there are no lights in back now, but there are some on the west end of the store. Mr. Ickers stated they could be added if necessary. Bernie Jenson, 5016 Clifton Drive, stated he was in favor of having the gas pumps installed, for convenience. Jack Anderson, 2557 Sherwood Road, stated he would like to see the gas pumps installed for convenience also. Miles Doyle, 2325 Oakwood, stated he agreed and would like to see gas pumps installed. The resident of 2167 Pinewood, stated he would like to see gas pumps installed, as Tom Thumb is open 365 days a year and this would be convenient. John Moe, 7643 Edgewood, stated Tom Thumb has been a good neighbor and he is in favor of the installation as it would be convenient. Dave Coffey, 2757 NE Hillview, stated the signatures were placed on the peition because the people want the pumps installed. Doug Buetner, 5551 St. Michael, pointed out' there is only one gas station along County Road I going toward 35W, and he will not attempt to cross Highway 10 to get gas. Mr. Hanson stated he had lived in Mounds View for eight years, and at the time he franchised the store, no store was selling both gas and groceries, and now he needs to make a change in order to stay in business. Mounds View City Council P June 22, 1987 Regular•Meeti-- �l 4® � E D-----Page Five---- Shari Hanlen, 2108 Quinell Drive, stated she is an employee at Tom Thumb and everyone who signed the petition was very willing to do so. She added the K Gas station does not have regular hours and cannot be relied on by someone needing gas at night. Mayor Linke closed the public hearing and reopened the regular meeting at 7:54 PM. Mayor Linke closed the regular meeting and opened the 9. Public Hearing: third public hearing at 7:54 PM. North Star Industrial Park Clerk/Administrator Pauley reviewed the proposed Pre- Major Subdi- liminary plat, and stated the Planning Commission vision, Prelimi reviewed the application and recommends approval of nary Plat the preliminary plat by the City Council. He added that Staff would recommend t}:e Council make approval contingent upon the applicant receiving approval from the City of Blaine to provide sewer and water services to the development. John Forsberg, the applicant, had no comment to make on the request. Mayor Linke closed the public hearing and reopened the regular meeting at 7:56 PM. Motion/Second: Blanchard/Quick to approve the pre- liminary plat for the major subdivision of North Star Industrial Park, subject to an agreement with the City of Blaine for sewer and water. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley reviewed the request by 10. Public Hearing: Mr. Johnson to rezone his property from R-1 to R-0, Greg Johnson, and he outlined the uses allowable in R-0 zoning. 2865 TH 10, He added the Planning Commission has reviewed the Request for request and recommends approval of the rezoning. Rezoning from R-1 to R-0 Mr. Johnson stated he is hoping to sell the property for a use that is allowable in R-0 zoning, and that type of business would have more regular hours than what he has there presently, and they would close their doors and go home at night. Steve Dahlke, 8030 Groveland Road, asked what had happened to the lawsuits on this property. Attorney Meyers explained they were referred back �. to Ramsey County District Court for further pro- ceedings, and in the meantime Mr. Johnson applied for the rezoning, and if granted, this would solve the problem. fie added Mr. Johnson is aware the Mounds View City Council June 22, 1987 Regular Meeting� * P P --- Page Six ------------------------ ' W Al 30VM - 9--------- radiator shop would be in non-conformance with the rezoning and would have to be closed. Mr. Johnson stated that 30 days after the second reading, when the rezoning becomes effective, he will close up the shop and move. Mr. Dahlke stated the surrounding neighbors,do not cant the zoning changed and they would like it to remain what it was when they bought into the neigh- borhood. He added he feels the property values will change and be lower if it is rezoned to R-0. Mr. Johnson stated that regardless of what zoning the property goes to, that property is already up for change by what the City planners have done. Mayor Linke pointed out this property is listed in the Comp Plan right now as medium density. Grace Thomas, 8040 Groveland Road, stated she is concerned with the shape of the property, and she asked if part of it could be rezoned and allow the adjoining neighbors to keep the property the way it was when they moved in. She stated she would prefer the property to remain R-1, as she fears rezoning would make the property values drop. She stated she would like the neighbors to be able to purchase part of the property from Mr. Johnson. Mayor Linke stated anyone is able to make an offer to Mr. Johnson to purchase the property, and if the neighbors are interested, they should proceed and make an offer to him. Mrs. Thomas stated they have not made an offer in the past as they have not been on speaking terms. Mayor Linke suggested getting the neighbors together to discuss the issue, and he reminded them that they cannot create a land -locked parcel. Mrs. Thomas stated she does not want a small business in her back yard. John Wells, 8020 Groveland Road, asked where a small business ends and a large one begins. Ile stated he would like to see the property stay at R-1. Mayor Linke explained there are limitations on the use of the property, which would control the size and operation of any business that would go there. Mayor Linke closed the public hearing and reopened the regular meeting at 8:14 PM. Mounds View City Council ��.� Ti nki7 pane Seven987 Regular Meeting Ui -_ I � i t /1 ! Lm g ---------------------------- ---------------------------------- Mayor Linke closed the regular meeting and opened 11. Public Hearing: the fifth public hearing at 8:14 PM. Larry Pearson, 2925 TH 10, Clerk/Administrator Pauley reviewed the request of Request for the applicant for a conditional use permit, and he CUP reported the Planning Commission has reviewed the request and recommends approval. It was noted there was no one present to represent Mr. Pearson. Councilmember Blanchard asked what assurances the City would have that the use of the building would not increase over time. Mayor Linke replied that a conditional use permit is required, and they could revoke it, if necessary. Mayor Linke closed the public hearing and reopened the regular meeting at 8:16 PM. Mayor Linke closed the regular meeting and opened 12. Public Hearing: the sixth public hearing at 8:16 PM. Vacation of 66 Foot Road Clerk/Administrator Pauley explained the City was Easement, Jim contacted by Ramsey County to clear up a title Lund Second problem for the property in question. He stated Addition the need for an easement no longer exists for any of the five lots in question,- and Staff would recommend the Council adopt the ordinance to vacate the easements. Mayor Linke closed the public hearing and reopened the regular meeting at 8:21 PM. Motion/Second: Quick/Wuori to have the first reading 13. First Reading of Ordinance No. 420, amending the Municipal Code of of ordinance Mounds View by amending Chapter 41 entitled, "Specific No. 420 Rezonings", and waive the reading. 4 ayes 0 nays Motion/Second: Quick/Wuori to adopt Resolution No 2207, approving the conditional use permit for an oversized accessory building for Larry Pearson, 2925 Trunk Highway 10, and waive the reading. 4 ayes 0 nays Motion Carried 14. Consideration of Resolution No. 2207 Motion Carried Mounds View City Council r—�r^r June 22, 1987 Regular Meeting f� ' ; n g g `y, y° u%l *,dED Page ----------------------------�--- - --------------- Councilmember Quick noted the Council has issued (^• conditional use permits several times for oversize buildings and have not had problems in the past. Clerk/Administrator Pauley stated they can record the conditional use permit on the title. Notion/Second: Blanchard/Quick to approve the first 15. First Reading reading of Ordinance No. 419, vacating a 66 foot road of Ordinance right-of-way, Block 2, Jim Lund Second Addition, and No. 419 waive the reading. 4 ayes 0 nays Motion Carried Motion/Second: Blanchard/Quick to remove this item 16. Remove afr m Tablefrom the table. Consideration 4 ayes 0 nays of Resolution No. 2199 Motion Carried Councilmember Quick stated he still has problems with this resolution and would like additional time to work on it. Motion/Second: Quick/Wuori to table this item for three weeks, to July 13, 1987. 3 ayes 1 nay Motion Carried Mayor Linke voted against the motion. Jim Philippi, of North Star Engineering, asked if there is any additional information the Council needs to make a decision, as he had thought they had provided everything that had been asked for. Councilmember Quick stated he needs additional time to review the proposal and go over it with Staff. Mr. Coffey stated he would like to applaud Council - members Quick and Blanchard for tabling this item both this time and previously, as he does not feel another gas station is needed along Highway 10 in Mounds View. tie stated he fears the traffic will increase dramatically, and he is also concerned that speed limits are not being enforced presently on Highway 10. June 22, 1987 Mounds View City Council +��i y. „. D Regular Meeting , -, S' "? 9 a" ----------------- Page Nine )p '. :1 p+ Motion/Second: Quick/Blanchard to remove this item from the tab,Le. 4 ayes 0 nays Clerk/Administrator Pauley reported the only additional information Staff has relates to Loose Ends on 10. Joel Monpetit, an attorney representing Muldoon's Off 10, stated they have no additional information for the Council. Motion/Second: Linke/Blanchard to deny the issuance of an on -sale and Sunday sale intoxicating liquor license for Muldoon's Off 10, 2400 County Road H2, for the following reasons: 1) public nuisance; 2) lack of cooperation with Police; 3) evidence of poor management; 4) evidence of assaultive behavior on the part of employees of Muldoon's Off 10; and 5) lack of food sales with Sunday sale license. 4 ayes 0 nays Mayor Linke stated all liquor sales shall cease at 12:01 AM on July 1, 1987, both on -sale and Sunday sale for intoxicating liquor. Clerk/Administrator Pauley reported the Fire Department had conducted an inspection of Loose Ends on 10 on June 4 and provided a list of violations that encompass five pages, and he recommended that if the Council grants the renewal of the liquor license, that all items on the list be in compliance by July 15, 1987. Steve Hawk, 3595 116th Lane, Coon Rapids, stated he was with Loose Ends on 10, and they are in the process now of fulfilling all the requirements of the Fire Department and City. He stated there had been a problem with Sunday food sales, as they had operated the same way as the previous owners, but they have taken steps to comply with the law, and beginning next week they will offer four entrees on the menu, which will be served with a salad, vegetable, dinner roll and beverage. He explained he has been the owner since April 1986. 17. Remove from Table and Consideration of On -Sale Intoxicating and Sunday Sal Licenses for Muldoon's Off and Loose Ends on 10 Motion Carried Motion Carried Mounds View City Council ----------- --l� +.^--�- }}June 22, 1987 Regular Meeting Page Ten ------- --------Y T------ Ron Michna, 5287 Edgewood Drive, stated he has been a resident of Mounds View for over 20 years, and most of the establishments in the City were restaurants first and then granted a liquor license to go along with serving food, and he would like to see that maintained in the City, with the establishments being a restaurant first, and serving liquor second. Mayor Linke clarified that two licenses are being issued, one for on -sale intoxicating liquor and the other for Sunday liquor, which also requires food sales. Motion/SecondL Quick/Wuori to renew the on -sale intoxicating and Sunday liquor license for Loose Ends on 10, contingent upon addressing all items from the Fire Department inspection by July 15, 1987, and showing proof of food availability, such as a menu. 4 ayes 0 nays Mayor Linke stated he would li?e to see the menu by July 1, in order to be sure they are serving food. Clerk/Administrator Pauley reviewed the request of the applicant for a temporary mobile home permit, and he reviewed the conditions set forth in the proposed resolution. Attorney Meyers asked for a clarification on what would happen if the shopping center was not built. Mayor Linke replied that they would have to vacate the trailers by December 31, 1987 and find another location to do business. Councilmember Blanchard stated she has not changed her mind about having a business operating out of a mobile home, but she feels this resolution has been written tight enough to protect the City. Motion/Second: Blanchard/Wuori to approve Reso- lution No. 2205, approving a temporary mobile home permit for Wonder Video, and waive the reading. 4 ayes 0 nays Clerk/Administrator Pauley reviewed the agreement from the County for the installation of traffic signals at Quincy and County Road I, and he stated Staff would recommend approval of the agreement. H Motion Carried' 18. Considerate"' - of Resolut"I No. 2205 Motion Carried 19. Approval of Agreement for Installatif of Traffic-' Control Signals 1987 Mounds View City Council �-�:�7�• 4 rp�uA June El en Regular Meeting u r Page Eleven --------------------- ----- t-$-$-�' R-------------- LU 7 Mayor Linke clarified that the existing lights are considered temporary because they are on wooden poles rather than on steel poles. Motion/Second: Quick/Blanchard to approve the agree- ment between Ramsey County and Mounds View for the installation and maintenance of traffic control signals at County Road I and Quincy Street. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley reported that at a special 20. Consideration meeting of the Planning Commission on June 17, they Development adopted a resolution recommending approval of the Proposal and development agreement for Silver View Plaza. Reeso2ut09 n Tor Wistrom, of Kraus -Anderson, explained they are proposing a 36,000 square foot strip center and presented sketches of the building. He stated they hope to begin construction by the end of July with completion scheduled for the end of October. The traffic flow direction was clarified for the drive -up window on'the shopping center. Motion/Second: Wuori/Quick to approve Resolution No. 2209, approving the proposal and development agreement for Silver View Plaza, and waive the reading. 4 ayes 0 nays Attorney Meyers requested the Council to authorize the Clerk/Administrator to proceed with condemnation proceedings for the public improvements on County Road I, for the parcel owned by the Tom Thumb stores. He explained this was the only property owner to hold out, and they need to get going on the proceed- ings in order to get started this year. Motion/Second: Quick/Blanchard to approve Resolution No. 2206, authorizing the City Attorney to commence with condemnation proceedings. 4 ayes 0 nays Mayor Linke reported a letter had been received on June S from George May, the attorney from Tom Thumb, and he read portions of it, which basically stated they will not give the easement unless the City gives L them the conditional use permit. Motion Carried 21. Report of Attorney Motion Carried Mounds View CityCouncil , ..- ;p. � ,,-.•, �.� �•-..�. June 22, 1987 Regular Meeting LA ce; a -page Twelve �� tl _.i --------------------------- �.iYvJ~5-- ------------ Attbrney Meyers updated the Council on the status of the removal of the section of pipeline from the State to Neighborville, IL for inspection by consultants working for the Williams Pipeline Company. lie stated it will be returned to the City when they are finished, and a complete inventory and photos were taken. It is to be returned by August 15, and they expect it to be in the same shape as when it left the City. Councilmember Quick had no report. 22. Reports of Councilmembers:'.. Councilmember Quick Councilmember Blanchard had no report. Councilmember Blanchard Councilmember Wuori had no report. Councilmember Wuori Mayor Links had no report. Mayor Links Clerk/Administrator Pauley reviewed the request 23. Report of from the Police Chief to purchase another police Clerk/ vehicle to replace the one recently totaled. He Administra" explained there are no new 1987 vehicles on the market and it is too early to order a 1988, so they are requesting approval for the purchase of a used 1985 vehicle. Motion/Second: Blanchard/Linke to authorize the Police Department to purchase a 1985 Chevrolet from Iten Chevrolet for the amount of $8,187.00, using funds received from the insurance company and the balance to come from account 100-200-4010. 4 ayes 0 nays Motion Carried ' Clerk/Administrator Pauley reported a letter had been received from Burger King, at 2651 County Road I, requesting approval of their restaurant license. Motion/Second: Quick/Wuori to approve the restaurant license for Burger King and have Staff contact them and ask them to be ever vigilent on the amount of trash they generate in the City. 4 ayes 0 nays Motion Carried •Mounds View CityCouncil U90hqaY'4 d �p June 22, 1987 4;- .�Regular Meeting �� "�� �'I� Page Thirteen ----------------------------------------------------------------------- Motion/Second: Quick/Blanchard to adjourn the meeting 24. Adjournment l._ at 9:07 PM. 4 ayes 0 nays Motion Carried Respectfully submitted, Donald F. Pauley Clerk/Administrator l MEMO TO: MAYOR AND CITY COUN FROM: CLERK -ADMINISTRATOR DATE: JUNE 22, 1987 SUBJECT: 2609 COUNTY ROAD I In 1986 the property located at 2609 County Road I was subdivided into two lots. Past practice of the City has been that when a corner lot is subdivided along the long side, asssessments are reapportioned for water and sewer service to the me that the subdivision was napproved, Uthe rei reapportionmentofassessments was not undertaken and the lot has since been sold by the original owner as evidenced by her response to our June 8, 1987 correspondence, copy attached. After receiving the response from the original owner, staff contacted City Attorney Meyers and determined that the only way to handle this issue at this time would be to have a special assessment hearing held by the City Council which would then allow levying of the $1,300.05 in assessments on this new parcel. Staff has given serious consideration to this issue and would recommend against undertaking an assessment hearing for this matter for the following reasons: 1. The reapportioned assessments were not levied on this property at the time of subdivision as a result of staff error. Receipt of these additional assessments is not critical nor necessary to guarantee the pay off of the original assessments for the water and sewer projects as both of these have been retired through the recent defeasance program. The leying of assessments on the new owners of the property would be an unexpected expense as they purchased the property with the clear understanding that water and sewer service would be available to them. Your direction on this matter would be appreciated. DPP/mjs Attachment: GATEWAY June 8, 1987 Ms. Phyllis Leenerts 2609 County Road I Mounds View, Minnesota 55432 Dear Me. Leenerts: C►�u of Mounds view RAMS, Y COUNTY, MINNES 2401 HIGHWAY 10 ♦A /f OUND VIE W, MINN.• 1 \l 14/�J �T10Gr%Yo`�4 A review of the file related to your recent minor subdivi— sion of the property located at 2609 County Road I reveals that assessments which were originally levied on short side of the original lot were not reapportioned to reflect the fact that the subdivision occurred on tNe long aide of the original lot, therefore, creating a new lot for which water and sewer assessments were not originally levied or paid. Enclosed please find an agreement between yourself and the City of Mounds View levying $1,300.05 in assessments on the new lot for water and sewer laterals which will be payable over a 20 year period at 8x interest. We would request that you sign this agreement and return it to the undersigned at your earliest convenience in order that it might be recorded with the County for next year's property taxes. Should you have any questions regarding this matter, please do not hesitate to contact the undersigned. Very truly yours, CITf O�\MOUNDS VI . ...4cy ministrat r DPP/mjs L�J �e./c/ `. N A G R E E M E N T' THIS AGREEMENT, made this 8 day of JUNE 1987 , by and between the City of Mounds View, a municipal corpora- tion, in the County of Ramsey and State of Minnesota, hereinafter called the City and PHYLLIS LEENERTS 2609 COUNTY ROAD I, MOUNDS VIEW, MN 55432 yyrrnp the fee owner and/or 2609 Counfly Road el,wlegally knownoasoLWotg48 in Spring described property: Lake Park Hill View Addition, Ramsey County, Minnesota, lying westerly of a line drawn a point on the south line of said lot distance 107.00 ft. easterly of the southwest corner of said lot to a point on the nprt line of said lot distance 107.00 ft easterly of the nw Vjff1Uffi °1_h_a'iYoperty is a (are) newly created lot(s) from an approved subdivision and it is necessary that special assess- ments be apportioned against thg newly created lot(s); and WHEREAS, the owner hereby agrees to a reapportionment of said assessments; BY AGREED that this document shall NOW, THEREFORE, IT IS HERE be considered a petition as provided for in Chapter 8 of the Home �? Rule Charter and Chapter 26 of the Municipal Code which the owner understands allows the City to specially assess his property without public hearings and the owner hereby waives all of the Charter, Muni- cipal and statutory requirements to enable the City to certify an assessment to the Ramsey County Auditor's office and the owner hereby agrees to allow the City, by its own action to assess the above described property in the amount set out in the Exhibit hereto attached, for a 20 year period at 8% interest, commending the first day of January following the date of this Agreement, and owner further agrees that all assessments and interest thereon shall be collected in the same manner as other municipal taxes. The owner further understands that he may at any time pay to the County Treas urer the entire amount of the assessments remaining unpaid, with the interest accrued to December 31st of the year in which such payment is made. IT IS FURTHER AGREED that in lieu of certification of the assessment to the Ramsey County Auditor's office, the owner may pay to the City of Mounds View this assessment amount in full and without AGREEMENT Page 2 interest within thirty days of the date of this Agreement. Failure to make such payment will result in certification of the assess- ment as outlined in the above paragraph. IN WITNESS WHEREOF the parties have hereunto affixed their common and corporate seal and/or signature to duplicate copies hereof the day and year first above -written. In Presence of: Fee Owner Contractor Purchaser FOR THE CITY OF MOUNDS VIEW: C Mayor Clerk -Administrator I MEMO TO: MAYOR AND CITY COURNNCIIILLj*��CJ��(��\J\ FROM: CLERK —ADM INISTRATOV \J DATE: JUNE 11, 1987 SUBJECT: AMENDMENTS TO CABLE TELEVISION JOINT POWERS AGREEMENT Attached is a memorandum from the legal counsel to the North Suburban Cable Commission outlining amendments proposed by the Commission to the Joint Powers Agreement between the north suburban Ramsey County communities, which are members of the organization. The amendments to the Joint Powers Agreement relates to the number of votes assigned to each of the municipalities and the contribution of each municipality to the Commission's operations. In Mr. Creighton's memorandum he indicates the City of Mounds View's votes and financial contributions will increase from the current 9.68% to 11.0% which will result in the City having a greater percentage of voting interest in the organization as well as an additional contribution of $883.80 for the Commission's 1988 budget. The increase in contribution would be a direct reduction in the amount of revenues available to the City of Mounds View for operation of Local Access Programming and purchasing of equipment. In view of the fact that the City of Mounds View would not be able to maintain an even bargaining position with the cable company were we on our own, versus being part of this organization, Staff feels that any reasonable amendments to the Joint Powers Agreement should be approved by the City to maintain our membership position. Therefore, Staff would recommend the Council approve the amendments to the Joint Powers Agreement by adopting the proposed resolution presented by Mr. Creighton in his memorandum. Your direction in this matter would be appreciated. DFP/mjs Attachment: w..u.xn w� •c• I orM. �°c•we::si�:i M�l.i`J C I�K�•.m..lY .rei�� I�MrI. 00 .Nw i' Jrfour if r �wu a:.n ...ro. 1poo. rynu 17.l.Ko { S r:YymK[n .urrfry\[[�� [Mr. floor 4� IN 0i.1 ��Kw cou.fn DIRECT DIAL NUMBER O'CONNOR & HANNAN ATTORNEYS AT LAW win:t� :now �1"J 3e00 IDS CENTER .�!r••-•ar[.•c� on+o•n • •[=•? p.� E [.'140M.[ r 60 SOUTH EIGHTH STREET �"•° C+YpO [I[r+ �O•• M. pifC OIL• .•pil L rpf•;r. ["•1�.. i.[n�\ MINNEAPOL15, MINNESOTA 55402-2254 °+.L\.• e�.��KV�LLKu• • • [ru•L• 16121341-3800 M.I. J. Curt[Y• [1i•c.nu\. o...c .a c.ni.. ..r. o..,nv r.. c. [. pppr•uv TELEX 29.0584in mie "aI[ nn a[[• K°rr pu[pr• TELECOPIER 16121343-125E •�M.... n.uL. .:'i�[.o: i:eiovn[.• �[U[Vrrv[COeKPNAII w"'°`coax..• L..[a J..[..L\a. INCLUDING THE FORMER FIRM MKINTOSH 6 COMMERS nii�c[ r fo•u• ., •+". ••.•on• o.•e \fir.. ° o•u[ow- •o.:•p •c. i•un• w.r.. w•¢[ uwrmn emc[ p.�p orrm[ wn[ uoo +un[ [pe or[ urnm f.r. aw[. nn r[..n\wr�..arv< Y.. o.•o a,.+. 1. ic:.r°v¢�.r.`i}: )�.i .. i 6 .a ee1.mro aiKar u.[n WK�Y o. poo.am wii co.a»aon mon u.+bo rn[nn.a •r-.. amubo noo •.or.nrt. w,u.Y[bou u._ epr wov.fxy wru cov on •D .°.\wp.. [. ( . p { . pip•... 7 V CI, Qj. TA \,c�� ,OU'JDj MEMORANDUM TO: City Administrators, City Managers and CiWyZC2 Z-L�" Clerks of the North Suburban Cable Commission FROM: Thomas D. Creighton, Legal Counsel/� DATE: June 9, 1987 �j RE: Amendments to joint Powers Agreement The North Suburban Cable Commission ("Commission") has adopted a resolution recommending certain amendments to the Joint and Cooperative Agreement for the Administration of a Cable Communications System, to which your City is currently a member. The proposed amendments to the Agreement relate to the voting structure of the Commission and the financial contributions to the Commission of each Member City. The existing Agreement established the voting rights of each Member City on the basis of the number of dwelling units in the municipality represented by a director. The Agreement provides that three years after the inception of the Commission, or after the second annual report of the number of subscribers to the cable system, whichever occurred sooner, the voting structure of the Commission may be reconstituted to represent one vote per director based upon subscribers, provided that each director has at least one vote. Accordingly, the Commission undertook to study alternative methods of structuring the voting provisions of the Agreement based upon subscribers, while at the same time maintaining an equivalent proportion to the current voting structure. Attached is a graph depicting the Commission's recommended revision to the voting structure. As can be seen, each directo will be entitled to vote in proportion_ to the percent of annual Memorandum June 9, 1987 Page Two Funded to the nearest whole nt shall have at least one vote. Since the financial contributions of the Member Cities in support of the Commission are specified in the Agreement as proportional to the Members' votes on the Commission, the Commission has also recommended an amendment to this section of the Agreement. To tie the change in the voting structure to the provision on financial contributions, the Commission has recommended that Member Cities' contributions be in direct proportion to the percent of annual revenues of each Member to the total annual revenues of the system for the prior year multiplied by the Commission's approved annual budget. In this way, each City will only contribute to the Commission in the amount equal to that City's share of the total revenue. This was viewed by the Commission as the most equitable method of contribution (i.e., City's proportion of the Commission's budget is equal to that City's proportion of total monies received). Attached is a copy of a graph depicting the effects of this change on the Member City's contribution. The Commission has directed me to provide you with an unexecute& copy of the Commission's Resolution No. 87-5.7-1, which recommends to the Member Cities amendments by substitution to the existing joint powers Agreement as described above. Also enclosed is a draft resolution which would effectuate these amendments. I would ask that you schedule this matter at your next Council's meeting for their consideration. If you would like a representative of the Cable Commission to be present, please contact Bootsie Anderson, Cable Administrator, at 646-8172. I would ask that upon your Council's adoption of the resolution, you undertake to file a copy of the executed resolution with our office. The amendments will not take effect until all Member Cities have approved the changes. Please feel free to contact me if you should have any immediate questions in this matter. Thank you for your cooperation. TDC:ph cc: Bootsie Anderson n �.i r, City Arden Hills Falcon Heights Lauderdale Little Canada Hounds View New Brighton North Oaks Roseville St. Anthony Shoreview Current Number of 1-24-87 Votes 2 0 of Subs. X 2 6.45 979 6.34 2 6.45 660 4.27 1 3.22 327 2.17 2 6.45 1226 7.94 3 9.68 1510 9.78 5 16.13 2708 17.53 1 3.22 320 2.07 8 25.81 4100 26.54 2 6.45 840 5.44 5 16.13 2777 17.98 0 Actual Cross 2 Rounded Revenue Based on Cross Off 1986 Revenue--1986 To 242,077.41 6.39 6 88,655.76 2.34 2 68,749.88 1.82 2 307,340.36 8.12 8 429,978.71 11.35 11 674,139.61 17.80 18 102,464.03 2.71 3 1,029,437.27 27.19 27 215,529.62 5.69 6 628,117.16 16.59 17 ^~S 1986 1987 1937 CITY ACTUAL GROSS iRYeNR BUDGIT AS IT USING 1002/ ROUNDED OFF Y aiSAMAL NUDOXT MOAX LISS + / - Ardea► Hills 242,077.41 4,009.94 6 4,311.76 - 301.6I Ralson Heights 88,655.76 1.336.64 2 4,311.76 - 2,973.121 Lauderdale 68,749.88 1,336.64 2 20153.88 . - 819:24'' r • Little Ceoeda 307,340.36 5,346.56 8 4,311.76 r.Y: + 10034.80 Founds Vier 429,978.71 70351.52 11 6,467.64 + 883,89 New Brighton 674,159.61 12,029.76 1s 30,779.40 + 1*250.36 North Oaks 202,464.03 2,004.96 3 21133." - 130.84 taseville 1,0290437.27 180044.64 27 17,247.04 + 797,60 St. Anthony 215,329.62 40009.94 6 4,311.76 - 301.82 Shoreview 6280117.16 11,361.44 17 109779.40 ` """ + 582.04 TOUL8 3,786,509.81 66,632.04 66,832.28 96097.52 �1 NORTH SUBURBAN CABLE COMMISSION RESOLUTION NO._ RESOLUTION RECOMMENDING AMENDMENTS TO ARTICLE VI, SECTION 1 AND ARTICLE X, SECTION 3 OF THE NORTH SUBURBAN CABLE COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. WHEREAS, the North Suburban Cable Commission (hereinafter "Commission") has reviewed the Joint and Cooperative Agreement For the Administration Of a Cable Communications System (here- inafter "Agreement") relating to the voting structure of the Commission and the financial contributions of the Members; and WHEREAS, the Commission believes it to be in its best interest of Commission and its Member Cities to amend the Agreement; THEREFORE, BE IT RESOLVED, that the North Suburban Cable Commission recommends to the Member Cities amendments by substitu- tion to the existing Agreement as follows: 1. Article VI, Section 1 is recommended to be.amended in its entirety as follows: Section 1. Each Member shall be entitled to one (1) director to represent it on the Commission. Each director is entitled to vote in direct proportion to the percent of annual revenues attributable to the municipality repre- sented by the director to the total annual revenues of the system for the prior year rounded to the nearest whole number; provided, however, that each director shall have at least one vote. For purposes of this section, the annual revenues for each Member and the total annual system revenues as of December 31 of each year shall be determined by the records of the cable operator filed with the Commission with the annual franchise fee. Prior to the first Commission meeting in March of each year, the Secretary of the Commission shall determine the number of votes for each Member in accordance with this section and certify the results to the Chair. 2. Article X, Section 3 is recommended to be amended in its entirety as follows: Section 3. The financial contributions of the Members in support of the Commission shall be in direct proportion to the percent of annual revenues of each Member to the total annual revenues of the system for the prior year multiplied by the Commission's annual budget. The annual budget shall establish the contribution of each Member for the ensuing year and a timetable for the payment said contribution. The remainder of any franchise fee paid to the member by Grantee shall be used for cable -related expenses. Prior to the collection of franchise fees adequate - to cover expenses, the Grantee, as a prepayment of the fees, shall reimburse Members for all cable -related expenditures incurred by Members and the Commission. The above -listed resolution was moved by Commission Director and duly seconded by Commission Director The following Commission Directors voted in the affirmative: The following Commission Directors oted in the negative: The above resolution was duly adopted 1987. ATTEST: Chair secretary CFC RESOLUTION NO. CITY OF STATE OF MINNESOTA RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1 AND ARTICLE X, SECTION 3 OF THE NORTH SUBURBAN CABLE COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of , (hereinafter "City") is an existing member of the North Suburban Cable Commission (hereinafter "Commission"); and WHEREAS, the Commission has made recommended amendments to the Joint and Cooperative Agreement For The Administration Of a Cable Communications System (hereinafter "Agreement") relating to the voting structure of the Commission and the financial contributions of the Members; and WHEREAS, the City believes it to be in its best interest to amend the Agreement as recommended by Commission; THEREFORE, BE IT RESOLVED, that the City Council of the City of amends by substitution the existing Agreement as follows: Article VI, Section 1 is amended in its entirety as follows: Section 1. Each Member shall be entitled to one (1) director to represent it on the Commission. Each director is entitled to vote in direct proportion to the percent of annual revenues attributable to the municipality repre- sented by the director to the total annual revenues of the system for the prior year rounded to the nearest whole number; provided, however, that each director shall have at least one vote. For purposes of this section, the annual revenues for each Member and the total annual system revenues as of December 31 of each year shall be determined by the records of the cable cperator filed with the Commission with the annual franchise fee. Prior to the first Commission meeting in March of each year, the Secretary of the Commission shall determine the number of votes for each Member in accordance with this section and certify the results to the Chair. Article X, Section 3 is amended in its entirety as follows: Section 3. The financial contributions of the Members in support of the Commission shall be in direct proportion i� to the percent of annual revenues of each Member to the total annual revenues of the system for the prior year multiplied by the Commission's annual budget. The annual budget shall establish the contribution of each Member for the ensuing year and a timetable for the payment of said contribution. The remainder of any franchise fee paid to the Member by the Grantee shall be used for cable - related expenses. Prior to the collection of franchise fees adequate to cover expenses, the Grantee, as a prepayment of the fees, shall reimburse Members for all cable -related expenditures incurred by Members and the Commission. The above -listed resolution was moved by Council Member and duly seconded by Council Member The following Council Members voted in the affirmative: The following Council Members voted in the negative: The above resolution was duly adopted 1987. ATTEST: Mayor City official &Z MEMO TO: MAYOR AND CITY COUN FROM: CLERK-ADMINISTRAT ' DATE: JUNE 22, 1987 SUBJECT: METROPOLITAN COUNCIL REHABILITATION LOAN PROGRAM Attached please find a letter from the Metropolitan Council regarding renewal of funding for a Rehabilitation Loan Program they have been offering in the Metropolitan Area in which the City of Mounds View has been participating. Mr. McElveen of the Metropolitan Council indicates that a reaffirmation of the City's request to participate in this program, which was initially approved by Resolution No. 1549 adopted on January 24th, 1983, copy attached, must be undertaken by the City at this time. Should Council wish to continue to participate in this program, a resolution for your adoption at the next consent agenda will be prepared. DFP/mjs Attachments: k,.d RESOLUTION NO. 1549 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT THE RENTAL REHABILITATION LOAN PROGRAM WITHIN THE CITY OF MOUNDS VIEW WHEREAS, the City of Mounds View desires to assist lower income families and individuals to obtain adequate housing in the City of Mounds View at an affordable price and to accomplish the purpose of undertaking a program of providing technical assistance and loans to property owners for the purpose of rehabilitating rental units for occupancy by low- and moderate - income families and individuals; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.123; and has been designated a housing and redevelopment authority pursuant to Minnesota Statutes 473.193, with the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Housing and Redevelopment Authority Act, Minnesota Statutes 462.411 to 462.711, and the acts amendatory thereto; and WHEREAS, the City of Mounds View and the Metropolitan Council desire to encourage the stabilization, revitalization, and rehabilitation of the rental property in the City of Mounds View; and WHEREAS, the City of Mounds View has determined that a pro- gram to encourage the rehabilitation of rental units is consistent with the housing goals of the City and consistent with the City's public interest; NOW, THEREFORE, BE IT RESOLVED by the City of Mounds View that the Metropolitan Council is hereby authorized to implement the Rental Rehabilitation Loan Program to encourage the rehabili- tation of affordable private rental units within the City of Mounds View and that the Clerk -Administrator is hereby authorized to enter into an agreement with the Metropolitan Council for the operation of such program within the City. ATTEST: (SEAL) 1y , Adopted this 24th day of January, 1983. SAMPLE RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HRA TO APPLY FOR AND IMPLEMENT A REHABILITATION LOAN PROGRAM WITHIN THE CITY OF WHEREAS, the City of desires to assist low income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, energy conservation, or accessibility of the property; and, WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept applications from housing and redevelopment authorities desiring to administer these Rehabilitation Loan Program funds; and, WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 1976, Section 473.123, and has all of the powers and duties of a housing and redevelopment authority pursuant to Minnesota Statutes 1976, 473.193, under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1976, Sections 462.411 and 462.711; NOW, THEREFORE, requested to includ state Rehabilitatio is hereby authorize Metropolitan Council Adopted this e n d BE IT RESOLVED that the Metropolitan Council is hereby r the City of in an application for Loan Program funds, and that the to enter into any necessary agreement with the for operating the Program within the City. day of 1987. MINNESOTA PHAse ry HOUSING FINANCE IJAGENCY RP.HABr.LITATIOM LOAM PROGRAM P[MRAM SUMMARY General Description The Minnesota Housing Finance Agency (MHPA) Rehabilitation Loan Program provides deferred payment loans to low Income homeowners for housing Improvements directly affecting the safety, habitability, energy efficiency and accessibility of their homes. (A deferred payment loan (Deferred Loan) is a loan which need not be repaid unless the borrower sells, transfers, or ceases to Iive in the lmproved property within ten years of the date of the loan. After the ten-year period expires, the loan is forgiven). The program was created In 1981 to replace the Agency's Home Improvement Grant Program, Accessiblilty•Program, and emergency energy Conservation Grant Program, and is entering its fourth phase. The program is primarily funded through appropriations from the state Legislature. The funding level for the 1987-89 program phase will be $9 million. There will also be a special $750,000 fund specifically targeted for accessibility improvements. These funds are distributed statewide through local housing and redevelopment authorities, community action agencies, and other nonprofit organizations known as Administering entities. rr. Program eligibilitu Applicants must meet five eligibility criteria In order to qualify for this program. They are as follows: I. The% applicant's household must have an adjusted gross income of $7,000 or less. Adjusted income is calculated by taking the gross Income (Including all public assistance payments) of all members of the household, age 18 or over, and deducting from that amount $I,000 per person. MHPA may also allow an extra deduction for extraordinary medical costs. The appIlcane must own the property to be Improved and It must be hls)her principal place of residence. 3. The gross value of the applicant's assets (excluding the property to be Improved and two surrounding acres) cannot exceed $25,000. 400 Sibley Street, Suite 300, St. P:+nl, Minnesota 55101 (612) 296•7Rn8 Program Summary Page 2 4. The property cannot contain more than two dwelling units. 5. The structure, upon completlon of necessary Improvements, will be reasonably livable, safe, habitable, and energy efficient for the term of the loan. III. Improvemenr Ellgibllltu The Rehabilitation Loan Program is designed to provide funds for basic Improvements to make a dwelling more safe, habitable, or energy efficient. The need for such Improvements is determined by an Inspection performed by the staff of an Administering Entity. The cost of the necessary Improvements cannot exceed $7, 500. A special Accessibility Fund is available to use for Improvements necessary to enable a disabled person to function In a residence. The need for such improvements is determined by an Inspection performed by the staff of an Admininstering Entity, consideration of the disabled person's priority needs and consultation with the homeowner and RRFA. The cost of accessibility Improvements cannot exceed $10,000. All Improvements must be permanent improvements. Examples may Include repair or replacement of furnaces, roofs, electrical and plumbing systems, Insulation, and construction of ramps for accessibility. IV. Administrative Procedures Based on an IMA-determined allocation plan, oryanlzatlons wi1I be requested to apply to administer the program. An amount not exceeding 14% of an entity's allocation may be deducted from the allocation for administrative expenses. The Administering Entity 15 responsible for determining the adjusted Income, assets, and necessary Improvements for each applicant. After each loan package 1s assembled, the Administering Entity will submit the package to AWFA for review. Upon approval, IWFA will notify the Adminlstering Entity of approval and supply the documents necessary to close the loan. The Administering Entity will close the loan; record the Repayment Agreement and Itortgage; monitor the rehabilitation work; certify, along with the borrower, tsar the work Ss completed satisfactorily and authorize contractor payment. Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 June 12, 1987 c^ 'Ya`J�44 4G 1�a •Fc l' Q l? &C Mr. Donald F. Pauley Clerk -Administrator City of Mounds View 2401 Highway 10 St. Paul, MN 55112 Dear Mr. Pauley: Minnesota Housing Finance Agency (MHFA) has invited Metro BRA to apply for funds appropriated by the State Legislature for Phase IV of the Rehabilitation Loan Program. This program provides deferred payment loans to low-income homeowners to make improvements affecting safety, energy improvements, accessibility, and habitability of their homes. Metro HRA administers the program in Ramsey County communities (except St. Paul). When the program began in 1982, your city council approved a resolution authorizing Metro HRA to apply for the MHFA funds and administer the program within your city. Since that time, we have administered $11,730 to assist home- owners in your community to make improvements to their homes. In order to complete our application for the Phase IV funding, we again need a resolution authorizing your community's participation in the program. I have enclosed a sample resolution such as the one thatat the eviouslySinceoved by HRA your city council. Also enclosed is a summaryprogram. must submit its application to MHFA by July 10, 1987, we would appreciate your help in getting the resolution scheduled (and approved) at the earliest possible council meeting. If you have questions or if Metro HRA can be of any assistance, please call Kathy Fox at 291-6600. Sincerely, Thomas C. McElveen Division Manager Metro HRA TCE/lb Enclosures Air Equal Opmrf,.M, E-1VIOVe1 I Gm 9 MEMO TO: MAYOR AND CITY COU FROM: CLERK-ADMINISTRATO � V_ DATE: JULY 2, 1987 SUBJECT: PLANNING CONSULTANT SELECTION Attached please find a copy of the proposal submitted by Resolution, Inc. in association with Batton-Aschman Associates, Inc. to perform the update of the City's Comprehensive Plan and Development Codes. This proposal was unanimously selected by the selection committee and Planning Commission, Resolution No. 195-87 attached, for this program. Recommendation: Staff recommends approval of Resolution, Inc. i— n association with Barton-Aschman Associates, Inc. as the planning consultant at a cost not to exceed $20,000. RESOLUTION NO. 195-87 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDING RESOLUTION, INC. IN ASSOCIATION WITH BARTON-ASCHMAN ASSOCIATES, INC. AS THE CITY'S PLANNING CONSULTANTS WHEREAS, Resolution, Inc., in association with Barton- Aschman Associates, Inc. submitted a proposal to undertake an update of the City's Comprehensive Plan and Development Codes in response to the City's request for Proposals; and WHEREAS, a committee made up of the Clerk -Administrator, 2 Planning Commissioners, and 2 City Councilmembers interviewed all applicants and unanimously recommended Resolution, Inc.; and WHEREAS, the Planning Commission reviewed the proposal of Resolution, Inc. and agreed with the recommendation of the selection committee. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends the selection of Resolution, Inc., in association with Barton-Aschman Associates, Inc. as the City's planning consultant to undertake an update of the City's Comprehensive Plan and Development Codes. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this lst day of July, 1987. ATTEST: (SEAL) Chairman Clerk -Administrator MEMO Tot MAYOR AND CITY COU14CIL FROM: MARY SAARION, DIRECTOR PARKS, RECREATION AND FORESTRY DATE: JUNE 24, 1907 RE: A USE FOR RANDOM PARK CLASSROOM BUILDING Here described is a typical situation thatowarrants theRanuse eom Pof a facility such as the classroom building proposed On March 27 a permit request was sent to Mounds View Community Education for the use of an area for summer dance iprograms on was beginninn tose at 2:00 P.M. and concluding at 41lS p. ermiss the facility is registered. On May 29, notification was given that the space originally approved was not available as anticipated because of a Senior Dance Program. By this time, participants had already registered as publicized in the spring chure. bParticipants registered under the assumption My recourse was to find another site or cancel the during class. theosummer LH Pinewood and Sunnyside Schools close at 3:00 p. m.months. To use the school beyond this time would cost time and one- half in custodian fees. City Hall is booked with Willy Tilly's, Bridge, TOPS and On -the Ball in case of rain. The only spot was Brightwood Hills Golf Course Community Room. If the classroom building had been at Random Park, the class could whave ithoutsanyitransferred nconveniencethe to the/2 block participantsance Eor relocation The south side of Highway 10 is so important because as demonstrated over and over again, Highway 10 is a barrier and people tend to register for activities with convenience of location in mind. In the event that Edgewood is not available, as if often the case, an alternative location such as a classroom facility at Random Park is advantageous. ccurs reasons again, example of a anhomerh one is at the Random Park site. 4�J • • • COMMUNITY EDUCATION • • • • Alaund, Vkr tul,lk khnnl, �y 5100 North Edgnwnnd Drive ( communityliduudur St. Peul, Fllnnesote 55112 . 704-9600 G POUNDS VIEW PARK AND RECREATION DEPARTMENT School Facility i191.�%��/i> a/�t> � FACTLITIES ARE / ON 111E I.0110WING yJ'• Aug. 31-Sept. 2 NOT AVAIL13LE DATES: Labor Day Weekend Activity will begin at,.7:�Q edot r � � ' ,_ Group dH4at to anUr building at e Oct. 17,18 MEA (No elementary) Neva 1 Clerical (No elem.) / '� pey.Onind: ! M © tN (.% F 3 Nov. 28:29,30 Thanksgiving sariu of Mntbgr No. Attmdirp: . . 21 Jan. 3 Christmas Vacation Delta: Jan. 11 Clerical (No elem.) Feb. 15-17 Ilollday/!linter Break feb. 18-21 No elementary Piirch 10,11 Conferences March 28,29,30 Iloliday April 4 Clerical (No elem.) May 24,25,26 Memorial Weekend June 6 Clerical (No elem.) ,;at, custodians not available jiffter June 7, 1986 ORGANIZATION Mounds View Park 5 Recreation ,Date ofApplication Y- = Person nnpomlbh: Mary Saarion phal.t 704-3055 •UarNaal Hems Addrart: 2401 lllghway 10 Mounds Vices 55112 WHI AN /anMIT U To It UHT Zit D0011 Sp4cinc Activity: , EOuirMENTNEEOst - .JuQ of PHI 11DAL aDUCATION1 AUDIO vuuA� _14/-�!(./1t{F(Nt4 otHer community education �'" moundsvtewpubllcschools 10: Mary Saarion fROH: 11 Stevens RE: Dance Classes ' DATE: 5/29/87 Mary, because of the seniors square dancing in the afternoon it is necessary to move the time for your dance class to a 3pm start. I'm sorry for the inconvience that this will cause but that is the only time slot we have open for this class. a Sincerely, [a0ewood CommuNl7Ce,,,To 51DO OrdVewzWDdnaMounNwew,7R155117 U Youth Activities JAll, CIIEERLEADING, AND TUMBLING Children in grades 2nd — 6th will be taught beginner skills in each subject. They will learn special routines that will help them increase their strength, Increase their flexibility and coordination. WHEN: Tuesdays and Thursdays WHERE: Edgewood Community Center TIME: 2:45 — 3:30 p.m. DATES: Session I June 23 — July 9 Session It July 14 — July 30 FEE: $15.00/child/sesslon ADAPTIVE DANCE The purpose of this program is to provide children with special needs the opportunity to explore their bodies' physical potential through the use of motor learning experiences. Positive reinforcement in a happy and safe environment will give them an everlasting self —appreciation and Joy of physical activity. WHEN: Tuesdays and Thursdays WHERE: Edgewood Community Center TIME: 2:00 — 2:45 p.m. DATES: Session 1 June 23 — July 9 Session 11 July 14 — July 30 FEE: $5.00/child/session SUMMER PLAYGROUND CENTERS Youths going into tat — 6th grades are invited to participate in activities which are made available at the playground centers. Activities will include: Arts and crafts, special events, games, movies, trips and other activities. All center activities are supervised by center leaders. The four playground sites will be open from 1:00 — 3:30 p.m. and those youths who register for the program are welcome to come and participate in activities any time during the open hours. Children may come and go as their interests desire. The centers will open Monday, June 21 and will close Thursday, July 31. The playground centers will be closed Friday, July 3 because of the holiday. NO FEE, BUT REGISTRATION 1S REQUIRED Playground center sites include: Lambert Park, Ilillview Park, Groveland Park, and Woodcrest Park. WHO: Youths going into 1st — 6th grndea WHEN; Mondays — Fridays, June 22 — July 30 TINE•.: 1:00 — 3:30 p.m. SITES: Lambert, Ilillview, Croveland, and Woodcrest Parks FEE: NO FEE Pre-Schooler Activities WILLY TILLY'S This is a new recreational program for 2-1/2 - 3 year olds. WHEN: Mondays and Wednesdays or Tuesdays and Thursdays WHERE: CLLy Hall Lower Level TIME: 9:30 - 11:00 a.m. DATES: Begins June 22 - July 30 FEE: $15.00/Child Minimum of 12/class Maximum of 15/class HOP 'N' TOTS Thin program is for children 2-1/2 - 5/1/2 years old with a major emphasis on tumbling. Coordination, increased strength, agility, balance and spatial awareness will be achieved through tho use of games, rhythmics and dance. WHEN: Tuesdays and Thursdays WHERE: Edgewood Community Center TIME: 3:30 - 4:15.p.m. DATES: Session I June 23 - July 9 Session lI July 14 - July 30 "BUTTERFLIES ARE FREE" "Butterflies are Free" offers a recreation and social learning experience for children 4 and 5 years old (an of August 1, 1987). Activities will include group games, arts and crafts, music, dance, puppetry, storytelling, special events such as parties and excursions. "Butterflies are Free" will begin Monday, June 22 and end Friday, July 31. Activities will not be held Friday, July 3 because of the holiday. Activities will be held Mondays through Fridays from 9:30 - 11:30 a.m. The fee is $10.00 per person. Each child will receive a t-shirt. Locations will be at Groveland, Hillview, and Woodcreat Parks where a maximum of 30 children will be accepted. Pinewood School will also be a site and will accept 50 registrants. , WHO: Children 4 and 5 years old (as of September 1, 1987), WHEN: Mondays - Fridays, June 22 - July 31 TIME: 9:30 - 11:30 a.m. SITES: Woodcreat, Groveland, and 11111view Parks and Pinewood School FEE: $10.00/child (t-shirt included) MAXIMUMS: 30 children at Groveland, 11111view and Woodcrest Parks. 50 children at Pinewood School site. ekl community education mounds view public schools TO: John Buckley Mary Saarion Carl Saarion Pat Tuma FROM: flick Temali DATE: June 24, 1987 RE: 1987-88 Facility Scheduling In a meeting today with district administrators, it was decided that during MEA (Oct. 15 b 16), Winter Break (Dec. 28, 29 b 30) and Spring Break (Feb. 16-19) there will be no community use of school facilities to allow custodial staffs to do needed maintenance work. Requests for special activities during these times will be handled on an individual basis, and attempted to be facilitated in the secondary schools. cc: Jill Stevens Joe Doncits Edgewood Community Center • 5100 No. Edgewood Drive • Mounds View, MN 55112 784.9600 MEMO T0: MAYOR AND CITY COUNCIL FROM: MARY SAARION, DIRECTOR �11� PARKS, RECREATION AND FORESTRY 11 DATE: JUNE 12, 1987 RE: PORTABLE CLASSROOM SITE The site of a building at Random Park must be setback 30 feet from the street according to Ramsey County and City Code. Carl Puna has drawn a site plan locating the building on the 30 foot setback, with the idea that parking would be on Long Lake Road. Long Lake Road is scheduled for reconstruction in 1989-90, at which time the street may become 36 feet wide from curb to curb. This may allow for parking on both sides plus two-way traffic. Ramsey County was notified of the possibility of parking on both sides and were reluctant to dismiss the idea but said that if any problems occurred, parking on the street would be addressed at that time and prohibited if necessary. Parking is one of the major problems of our neighborhood parks. Off-street parking is the safest type of parking for activity areas such as neighborhood parks. Parking is currently a problem at Hillview, Oakwood and Groveland Parks because these parks do not have parking lots and only offer on -street parking. It has been generally understood that neighboring residents of parks prefer in - the -park parking rather than on -street parking. It is professionally understood that any new park development should include in -the -park parking facilities. To allow on -street parking in parks which could be developed with a parking lot is poor planning and would be likely recognized as a mistake in the near future. Placing the building towards the back rather than the front of the property provides for better security, supervision, safety and aesthetics. If the building were located near Long Lake Road, it would block the vision of the open area behind it and security wou k be difficult. Placing the building closer to the back of the property provides for better view of the entire park grounds in one glance. The closer that the building is to Long Lake Road, the greater the safety hazard especially for pre-school age children. The extra off-street space allows for more space for supervision between street traffic and the building. Likewise, the further back that the building sits from the road allows more opportunity to provide plantings and landscaping that will. lend attractiveness to the building and the park. C -z- In comparison from the original site plan and the new site plan, one can see that the difference in the site is only slight. Yet, the original site plan offers the opportunity for off-street parking with all of its benefits. Police Chief Ramacher strongly concurs that on -street parking is a hazard and a problem for the free flow of traffic on Long Lake Road. It is Chief Ramacher's opinion that in -the -park parking is much more advantageous than on -street parking. My final comment is this. As long as we have so few chances to redo or replan our parks with good, sound planning practices, I implore the Council to make the choice to develop parks as they should be developed with the amenities that are necessary to provide for a wide range of activity and program options with safety, aesthetics and convenience utmost in mind. Such a sound decision at Random Park would include a parking lot with the building located as shown on the original site plan. MS/sl r-. ., • To: Clerk-Administr FROM: Police Chiez DATE: June 25, 1987 RE: ON STREET PARKING ON LONG LAKE ROAD I was asked about the feasibility of on street parking on Long Lake Road between County Road 112 and Ridge Lane. The criteria I used in making the assessment, was the width of the roadway, width of the roadway shoulder, volume of traffic,.type of grade and approaching visibility. The most important factor, is the width of the roadway (improved portion of street). At the above location, Long Lake Road measures twenty five feet in width (12? feet in each lane). A vehicle parked slightly on the roadway (figure 91) would cause some oncoming vehicles to cross the center line. A vehicle parked half on the roadway and half on the shoulder(figure 02) would cause most oncoming vehicles to cross the center line. I Am suggesting, that a vehicle parked on any portion of the roadway, at that location, would make for an unsafe condition. Parking off the roadway Ind on the shoulder, would not be a viable solution for a couple of reasons. First, the shoulder on the West side of Long Lake Road s not wide enough (less than four feet). The shoulder or the East side is constructed in a matter that would cau.:e it to quickly deteriorate, if used for vehicle traffic. Secondly, people would still park on a portion of the roadway, if we allowed shoulder only parking. In summary, I am suggesting that regular on street parking or shoulder only parking on Long Lake Road between Ridge Lane and County Road 112 would cause an unsafe condition. "W }� quo{ =�+^ ;i�. tC �V',-jam �r� 1� ' :�'' 1:� .r.��e�'"'� ti �:: � _' a ',.yl., �.: H.. ,_ �::;' -_ i "i •'. �; 1 _. .. -t.. :.-.. ..:... .. � _. __.. r 0 rk" MEMO TO: MAYOR AND CITY COUNCIL FROM: MARY SAARION, DIRECTOR 0 PARKS, RECREATION AND FORESTRY DATE: JULY 2, 1987 RE: PORTABLE CLASSROOM MOVING EQUIPMENT This morning I received a telephone call from Mr. Ken Ernst, the president of the moving company for the portable classroom project. Mr. Ernst expressed his interest in having his equipment free as soon as possible. lie has a contract to begin moving portable classrooms for Anoka County beginning the week of July 13. Mr. Ernst reminded me that the standard practice is to allow the building to be on the equipment for 30 days without charge. After 30 days, the rental fee is $20.00/day. We have now used his equipment 64 days; 34 days at the $20.00 per day charge or $680.00. It is therefore in Mr. Ernst's, as well as the City's, best interest to make a decision quickly, as time will also be needed for constructing footings. MS/sl MEMO TO: Mayor & City Council FROM: Cable Committee, Mary Saarion, staff liaison DATE: June 12, 1987 RE: Cable Equipment Bids Chairperson Jerry Skelly has received two bids from reputable companies for the purchase of cable equipment. Please review the bids. Jerry Skelly recommends the bid of EPA Audio Visual Inc. because of good quality, service and price. RECOMMENDATION: To consider the approval of directing staff to purchase the equipment listed on the bid of EPA Audio Visual Inc. for City Nall cable use at a cost of $6,712.39 to be funded with franchise fees given by Cable TV North Central. I I 1 I ,A9O)a1�64,fJt(YI.el1Dl YMM191n111rb Tli T EPA AUDIO VISUAL, INC. P.O. Box 40 ROCKFORD. MINNESOTA 55373 (612) 477.6931 TO CITY OF MOUNDS VIEW Gerry Skelly ES71MAIEO SHIPRNO DI QUANTITY - 3 2 2 4 I 1 1 1 1 I 1 1 i RE I Tqe ell'I to III TTI DWO-VUE Emebpe 1171 PLEASE INDICATE TIIE ABOVE NUMBER WHEN ORDERING IXgC.n[w O.1E 6/3/87 SAtE512n=p1 Eric/Pete/Ask 1N nr OA1E ngtllnr•A1WW" SMUP DVIA POB, IEP S DESCRIPTION PRICE Smith Victor K50 lig$ht kit List $769.00 649 00 S/4E,4Vtr,4o'F 61 Li.9(600w 78 GD QyS -Goo Anna+f L%1/,P 22o0 Bogen 3140 tripod List $259.95 186 00 Bogen 3056 dolly List $114.95 82 55 Shure SM-90 mic List $300.00 253 00 Shure 545SD-LC mic List $109.50 96 00 Shure M67 mixer List $475.00 421 00 Shure 1,168 mixer List $205.00 181 00 Panasonic WV-52038 List $990.00 716 00 Bogen TP-50 audio Tuner List $266.25 189 00 Bretford TVA3654E w/5" List $215.00 169 00 Panasonic CT-2010M 20" monitor List 695.(0 491 00 Panasonic AG-160 camcorder List $2200.00 1397 00 G! S - I 3 z4e- f io%! 7x4. i-e am s�S Lag'Aq To T/1 L-. Gerry, please order immed. as we are to {eceiv increase on or before July 1. 6 qY 06 .33Y60 IS o0 '3 7 00 / (o / 0 /6 1110V 176 00 (too 7/6 oe I P1 Oct 10 00 4q I o 0 l'�97ao Y99 9 G V a137 a Brice I I WE ARE PLEASED 10 SUBIBT THE ABOVE QUOTATION ton YOUR CONSIDERATION. SIMARD YOU PLACE AN ORDER. BE ASSURED It VALL RECEIVE OUR PROMPT ATTENTION THS GUOIA71ON IS SUBJECT TO THE CONDITIONS PRUIED ON REVERSE SIDE. AIM IS VALID TOP DAYS THEREAT IER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. ■ BY _ ACCEPTED _ -- --- DATE (612) 646-1780 VIDEO & FILM EQUIPMENT 856 Raymond Avenue, St. Paul, Minnesota 55114 June 3, 1987 CITY OF MOUNDS VIEW Jerry'Skelly T 4-- 1 1 2 2 4 1 1 1 1 1 1 1 3 Thanks. EQUIPMENT PRICE QUOTE DESCRIPTION EACH PRICE C)Y// 6',00.v G.9�ifjp a/4arr L_ '�TII T:-W1th temps Smith -Victor K50 Light Kit CIS-1-3 Station Intercom System Bogen 3140 Tripods 186.00 Bogen 3056 Dolly 82.55 Shure SM90 Flat Surface Microphones 235.00 Shure 545 Uni-Directional Microphone Shure M67 Mic Mixer Shure M68 Mic Mixer Panasonic WV5203B Triple 5" B3W Monitor JVC TX300B Audio Tuner Luxor LE-42 AV Cart JVC 2084U 19" Monitor Minolta CR-1200S AF Chip Camera SMt'fLt—VIG� 7- L(o(1 CCo�Ow)}�0�'e/(I�uti75-.Co Ken Carlson Vice President Cinequipt, Inc. KC/Jc `t--vi'rl L TOTAL /a6.es 4R9-:06- 650.00 575.00 372.00 165.10 940.00 89.00 395.00 188.00 815.00 197.95 102.00 550.00 1,425.00 aa5�v0 � I MEMO TO: MAYOR AND CITY COUNCI FROM: CLERK-ADMINISTRAT Z!lo DATE: JUNE 29, 1987 SUBJECT: PAUL JOHNSON MINOR SUBDIVISION, 8368 RED OAK DRIVE, MOUNDS VIEW PLANNING CASE NO. 212-87 In 1980, Mr. Paul Johnson received approval for the minor subdivision of 8368 Red Oak Drive splitting the west 70 feet of the property from the parcel which would then allow him to sell this section of land (70 x 112.5 feet) to the property owner at 8355 Fairchild Avenue. As seems to be the case with many of these minor subdivisions, Mr. Johnson did not file documentation with Ramsey County within the specified six month time frame and he has been forced to reapply for reapproval of the minor subdivision. At their regular meeting on June 3, 1987 the Planning Commission approved Resolution No. 188-87 recommending approval of the minor subdivision after Mr. Johnson had provided the City with an updated survey of the property showing the required utility easements, any improvements that had occurred to the property since the City's approval in 1980, which included the construction of a garage, and provision of a road easement for the eastern 8 feet of property to provide a 33 foot road easement for Red Oak Drive. Mr. Johnson has provided the City with this survey, copy attached, and staff would recommend approval of the minor subdivision at this time which Mr. Johnson has assured the City he will file within the required 6 month time frame. DFP/mjs Attachment: p 1.pgateciico>,` PLANNING CASE NO. 212-87 CITY OF MOUNDS VIEW PLANNING APPLICATION 1 APPLICANT: Name Add Interest In Property (cheek appropriate box): Owner of Record Contractor For Deed Owner Other (Explain) RE -APPLICATION OF CASE NO. 67-80 (11/ 4/P 0) Date / "X L Phone 6 6'2 - �2 Lessee, Operator, Manager Agreement to Purchase Documentary evidence nF applicant's interest in the property may be required before final City action on this request. PROPERTY: Address/General Location fs :SIP Legal Owner: Name/AddressI Present Use (Check Appropriate Box): Undeveloped/Vacant Apartment Single Family Dwelling Rosiness Esablishment Duplex Dwelling, Industrial Establishment Multiple Dwelling (7-6 unite) Other (explain) Property Classification: P Abstract ❑ Torrens REQUEST: I hereby declare that the above statements are gnature) FOR OFFICE USE ONLY: BASE FEES* ADDITIONAL FEES Sohdivlsion, Major ($150) Reapportionment Subdivision, Minor ($75) —00 Pohllc llearting Notices Rezoning ($50) Staff, Consultant Reviews Condltlonni Use ($50) Miscellaneous Variance ($50) Code Appeal ($50) Alteration Permit ($50) *Anne Fees In pnrenthesta are non-refundnble. Subtotal Park Food Dedication TOTAL FEES Date Paid-- hate Paid -F7 Receipt Number —_// Receipt Number d @�(F I I --zet00-- I I pro: too• - -Z5500-- I .• " � i TRACT B I Q I � h I r ,� TRACT A !M J u U I LL i I I � s5 3030 I � I .[, .. .r, r ...... •tnt _aI ?, oRG I RINDG":• L001T ICN E fee-.[f tre [ES: 'e•.: cl E a2', .E.E�i .E _ pr iE ..-aor C. 10w..stt) ... 'E-n. a.. -:CaI :.. ':i,reso:E.•• S t:: :C lit — .•GSO'ri h ` I 53 = 0 k I 4Q�I o� I c I W I � ' MEMO TO: MAYOR AND CITY COUN FROM: CLERK—ADMINISTRAT R DATE: JUNE 29, 1987 SUBJECT: TOM THUMB SELF SERVICE GASOLINE PUMP PROPOSAL Attached please find an ordinance and resolution rezoning and granting a Conditional Use Permit for the Tom Thumb property allowing for the installation of self service gas pumps with specific conditions and a resolution denying the rezoning and Conditional Use Permit and outlining the reasons therefore. These two options are being presented to you as Council gave staff no clear direction with respect to this item and staff wishes for you to have all options available to you for your consideration prior to removing this item from the table and taking action on it at your July 13, 1987 Council Meeting. Should you wish to have any further information regarding this item, please do not hesitate to let me know. DFP/mjs Attachments: \ ' ORDINANCE NO. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ANORDINANCE AMENDINGAMENDING CHAPTER 41THE ENTITLEDMUNICIPAL "SPECIFICMOUNDS REZONINGSVIEW BY The Council of the City of Mounds View hereby ordains: 41.23 Pursuant to Chapter 40.23, the Official Mounds View Zoning Map is hereby amended to reflect the following rezoning: The following property shall be rezoned from B-1 to B-3: LOTS 1 and 2, Block 3, Greenfield Plat No. 2 ( Read by the Council of the City of Mounds View on this day of July, 1987. Read and passed by the City Council of the City of Mounds View this day of July, 1987. -------------- ATTEST: Mayor (SEAL) Clerk -Administrator APPROVED AS TO FORM: City Attorney RESOLUTION NO. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR TOM THUMB, 2408 COUNTY ROAD I, MOUNDS VIEW PLANNING CASE NO. 203•-87 WHEREAS, Tom Thumb Food Markets, Inc. and Pump and Meter Service applied for a Conditional Use Permit to install self service gasoline pumps at the Tom Thumb Store located at 2408 County Road I; and WHEREAS, the Mounds View City Council has determined that the Conditional Use Permit is in conformance with the Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the Conditional Use Permit for installation of self service gasoline pumps at the Tom Thumb Store located at 2408 County Road I conditioned upon the following. 1. All driveway and parking areas are to be surfaced with concrete or bituminous material. 2. All lighting and signage shall be in conformance with the requirements of the Municipal Code. 3. The perimeter of the parking lot, except where access points are located, shall have a B6 curbing. 4. The south and east property line and other areas remaining after provision of paved parking shall either be landscaped or fenced in conformance with the requirements of the Municipal Code, Chapter 40.04, Subdivision I. 5. A minimum of parking spaces shall be provided. 6. Operating hours shall not be in excess of a.m. to p.m. 7. Speakers located on the pumping island shall be used for the clearing of pumps only. B. Storage or display of merchandise shall be limited to the concrete apron in front of the Tom Thumb Store portion of the building. Adopted this day of , 1987. ATTEST: Mayor �. (SEAL) Clerk -Administrator RESOLUTION NO. 2210 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING REZONING AND CONDITIONAL USE PERMIT FOR TOM THUMB, 2408 COUNTY ROAD I, MOUNDS VIEW PLANNING CASE NO. 203-87 WHEREAS, Tom Thumb Food Markets, Inc. and Pump and Meter Service have applied for rezoning of their property from B-1 to B-3 and a Conditional Use Permit to install self service gasoline pumps at the Tom Thumb Store located at 2408 County Road I; and WHEREAS, the Mounds View Planning Commission has reviewed the proposal and recommended denial of the rezoning request on the basis that, 1. The proposed use does not conform with the Compre- hensive Land Use Plan. 2. The proposed use is inconsistent with the spirit and intent of neighborhood commercial centers (Neighborhood Business District). 3. The site cannot accomodate sufficient parking to comply with the zoning ordinance for the proposed use. 4. Spot zoning is strongly discouraged by Land Planning Authorities. by Resolution No. 182-87 adopted on May 6, 1987; and WHEREAS, the Mounds View City Council has reviewed the proposal in detail and held a public hearing on said proposal at their regular meeting on June 22, 1987; and WHEREAS, the Mounds View City Council has given in depth consideration to the proposal and comments submitted by Tom Thumb Food Markets, Inc., Pump and Meter Service, and residents of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View denies the request for rezoning and a Conditional Use Permit for the installation of self service gasoline pumps at the Tom Thumb Store located at 2408 County Road I for the following reasons: 1. The proposed use is not in conformance with the City's Comprehensive Land Use Plan which calls for the site to have a neighborhood commercial use which is defined as B-1 and B-2 uses. RESOLUTION NO. 2210 PAGE TWO OF TWO 2. The proposed site plan is not in conformance with _ numerous requirements of the City's Zoning Code including the following, a. Municipal Code Chapter 40.07, Subdivision D, (8) n. and o. require curbing of a parking area and screening or landscaping of the parking area from abutting or surrounding residential districts. b. Municipal Code Chapter 40.07, Subdivision F, (3) requires that all accessory off street parking be not less than five feet from any lot line. c. Municipal Code Chapter 40.07, Subdivision 11, requires 52 parking spaces for the site. Adopted this day of , 1987. ATTEST: Mayor (SEAL) Clerk -Administrator C DATE APPROVED: 6/22/87 PROCEEDINGS OF THE CITY CO{(NPROVED CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESYYii//``rtrt``\\## 2401 Hwy. 10, The Mounds View City Council was called to order by Mayor Links at 7:00 PM on Monday, June 8, 1987. The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Quick, Blanchard, Wuori, Hankner and Mayor Linke. ALSO PRESENT: City Attorney Meyers'ana Clerk/ Adman— i— sfr Pauley. Motion/Second: Blanchard/Hankner to approve the May 26, 1987 minutes as presented. 5 ayes 0 nays Regular Meeting June 8, 1987 Mounds View City Hall Mounds View, MN 55112 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: May 26, 1987 Motion Carried Alice Frits, 8072 Long Lake Road reported that the May S. Residents 7 issue of the Minneapolis Star and Tribune had listed Requests and in the Ramsey County real estate section that the Comments from property at 2211 NE Highway 10, belonging to Jack the Floor Johnson, had been purchased by the City of Mounds View, and she questioned why the City purchased his property. Mayor Linke explained the property is along side of McDonald's on Highway 10, and the City is playing middle man between the developer, JLN, and the property owner. lie stated the City will be reimbursed by the other buyers, JLN. Ile further explained there had been a breakdown in communication between Mr. Johnson and JLN, and it worked out better for the City to help out with the purchase. Mr. Frits asked why the City had to get involved, and where the money came from, and if interest would be paid to the City. Clerk/Administrator Pauley explained that there will be a title transfer on July 1, and the City will be paid back by JLN. lie added that there will be no interest paid to the City, and the funds came from the cash reserves. He added JLN will be responsible for the Mounds View City Council Regular Meeting costs in the long run through tax increment financing. June 8, 1987 Page Two Mayor Linke closed the regular meeting and opened the 6. Public Hearing; first public hearing at 7:06 PM. Mermaid, Inc. 2200 Hwy. 10 It was noted there was no one present from the Mermaid, and there were no comments from the audience or the Council. Mayor Linke closed the public hearing and reopened the regular meeting at 7:06 PM. Motion/Second: Quick/Hankner to approve the renewal of the on -sale and Sunday sale intoxicating liquor license for the Mermaid, Inc., 2200 Highway 10. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the 7. Public Hearing: next public hearing at 7:07 PM. Muldoon's Inc. 2400 County Grace Zwieg, 5309 Greenfield Avenue, stated that on Road H2 the morning of April 26, when she went into her attached garage to leave for church, she found a very drunk man in the back seat of her car. She stated he had spent the previous evening at Muldoon's and had been served way too much liquor. She added that she did not call the police over that incident, but she has had many problems with the operation of Muldoons. She stated that at least once a year she gets a damaged mailbox, and the fence between her property and Muldoon's is always in need of repair, and she presented pictures to the Council of the fence. She also stated the owner had promised last year to paint the fence and had not done so. Mayor Linke asked if the fence was listed in the letter of understanding from last year. Clerk/Administrator Pauley replied he would have to check the letter. Ron Michna, 5287 Edgewood Drive, asked what a public nuisance is, according to the City Attorney, Clerk/ Administrator and each Councilmember, and he also asked which specific license is issued for Muldoon's to operate. Mayor Linke replied a liquor license is issued, under Chapter 100.02, under both City code and State law. Mounds View City Council June 8, 1987 Regulr Meeting ------------Page Three ----------------------------------------------- ----------- ^ Clerk/Administrator Pauley clarified that a restaurant 1 license is required to sell liquor on Sunday. Mr. Michna asked what the capacity of Muldoon's is under the fire code. Mayor Linke replied he was not certain of the capacity but that a fire inspection had been done and the capacity posted in the building. Attorney Meyers read the definition of a public nuisance according to law. Mr. Michna referred to parts of the definition and stated he felt Muldoon's was in violation of many areas. He also pointed out that he attended the public hearing last year and voiced many of the same concerns and he had asked the Council to call a special meeting between the owner and the City and the area residents to address the problems, but the Council never did that. Mayor Linke explained that was the purpose of the meeting tonight, and this is an opportunity for the people to address any problems. Mr. Michna stated he had presented a petition to the Council last year of signatures of people in the area, stating the numerous problems they had been having with Muldoon's, and things were no better this year. Councilmember Hankner explained the City needs evidence if they are going to be able to prosecute, and just as they asked the residents last year, they are asking again that they put complaints in writing and file a police report. Attorney Meyers explained there are two types of complaints, citizen and criminal citations, and he explained the difference between the two, and he reviewed the criteria to be used to revoke a liquor license. He added that it may not be under City control but under State control with a mediator. He stated that if there is a serious problem, at the time of renewal discretion is broader as far as restricting or taking away a license, and now is the time for the Council to address the problems. He further explained that there is criteria to be followed on the Sunday liquor license issue. Councilmember Hankner stated that as a result of the input from the citizens, they set up the public hearings before the renewal of each liquor license in the City. Mounds View City Council Regular Meeting ---------------------------- June 8, 1987 Page Four Mr. Michna stated the Council is aware of two establish- ments who are not meeting the criteria of the Sunday !' food operation and stated they should have been shut down a year ago and wanted to know why the Council does not handle the situation. He also stated he is concerned about the outdoor entertainment that goes on and how disturbing it is to the neighborhood. Mayor Linke stated the City was approached by Loose Ends about an outdoor concert and the City told them no. Mr. Michna stated he still has a problem with the band instruments being moved out in the middle of the night, after closing, and he had complained about that a year ago, and he did send a letter to the City complaining about that. He also pointed out a problem with no curbing along County Road H2, as people drive in and out wherever they please. David Carlstrom, 5297 Edgewood Drive, stated he agrees with everything Mr. Michna has statbd, and he asked whose responsibility is it to enforce the ordinances, and asked who he should sue for non -enforcement, the police department, city attorney, clerk/administrator or the council. He added they have had complaints against that establishment for the past three years and nothing has been done about it. _ Mayor Linke stated the complaints must be filed with the City if they are going to be able to use them. Mr. Carlstrom stated the law is not being enforced and he asked if it was unreasonable for a citizen to expect that City to control the businesses and enforce the law. He asked what his next recourse would be, and if he should go to the attorney general next. Attorney Meyers explained criminal actions must go through the police department, and they investigate all complaints. He added that if a citizen has a complaint, they should file it. Mr. Michna stated the fence between Muldoon's and the neighborhood was only recently repaired because of the public hearing which was scheduled. Mr. Conroy, owner of Muldoon's, replied that when the fence goes down, they repair it, and they know what the laws are and they abide by them. He added that each year there is a new bunch of charges against them, and as they take care of those, new ones come up. lie stated they are operating as a restaurant, and they open at 4 PM or later on Sunday, and one person handles the cooking, as well as tending bar and other duties. lie added they have never had a food business there, and Mounds View City Council June 8, 1987 Regular Meeting Page Five they take maybe three orders for food on a Sunday. Mayor Linke explained that liquor is to be served in conjunction with food, but it appears that Muldoon's is doing it backwards. He stated the intent of the law is to allow restaurants to also serve liquor with their meals on Sunday. Mr. Conroy replied their business does not pick up until 9 or 10 PM now, with daylight hours, and no one is in there eating then. Councilmember Hankner asked what type of food is served and she questioned why they are even open on Sunday if business is that slow. Mr. Conroy stated they serve sandwiches and french fries, and he added they are open because some business is better than no business. Mayor Linke stated he does not feel'that a sandwich meets the requirements of a complete entree, which must include a salad, vegetable, bread or rolls,4and beverage. He added that he does not feel that lettuce and tomatoe served on a burger count as a vegetable. Motion/Second: Blanchard/Wuori to table this item for two weeks, to allow time to get some answers. 5 ayes 0 nays Motion Carried Mayor Linke closed the public hearing and reopened the regular meeting at 7:44 PM. Mayor Linke closed the regular meeting and opened the 8. Public Hearings third public hearing at 7:44 PM. Donatelle's Supper Club, Mayor Linke asked if Donatelle's serves entrees on 2400 Highway 10 Sunday. Ed Donatelle, the owner, replied they have between 20 and 30 menu selections available on Sundays, both Italian and American. Mr. Michna stated he understands a certain percentage of sales on Sunday must be for food. Attorney Meyers replied the State requires 30% seating for food, and then each City has their own requirements. Mayor Linke closed the public hearing at 7:47 PM and reopened the regular meeting. Mounds View City Council June 8, 1987 Regular Meeting Page Six ----------------------------------------------------------------------- Motion/Second: Wuori/Hankner to approve the renewal of the on -sale and Sunday sale intoxicating liquor license for Donatelle's Supper Club, 2400 Highway 10. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened 9. Public Hearing: the next public hearing at 7:48 PM. Loose Ends on 10, 2375 No. It was noted there was no one present to represent Highway 10 the owner. Mr. Michna stated he would like the Council to look into the Sunday liquor license issue for Loose Ends on 10 on the same basis as they will be looking at Muldoon's. Mayor Linke closed the public hearing and reopened the regular meeting at 7:49 PM. Mayor Linke closed the regular meeting and opened 10. Public Hearing: the next public hearing at 7:49 PM. B & R Liquor, 2345 County There was no one present to represent the owner, and Road H2 there were no comments from anyone present in the audience. Mayor Linke closed the public hearing and reopened the regular meeting at 7:49 PM. Mayor Linke closed the regular meeting and opened 11. Public Hearing: the next public hearing at 7:49 PM. Budget Liquor,' 2577 Highway There was no one present to represent the owner, 10 and there were no comments from anyone present in the audience. Mayor Linke closed the public hearing and reopened the regular meeting at 7:50 PM. Motion/Second: Quick/Blanchard to approve the renewal of the off -sale intoxicating liquor licenses for B & R Liquor, 2345 County Road H2, and Budget L;.quor, 2577 Highway 10. 5 ayes 0 nays Motion Carried Mounds View City Council Regular Meeting ------------------------ Mayor Linke closed the regular meeting and opened the next public hearing at 7:51 PM. There was no one present to represent the owner, and there were no comments from anyone present in the audience. Mayor Linke closed zhe public hearing and reopened the regular meeting at 7:51 PM. Motion/Second: Hankner/Quick to approve the renewal of the off -sale intoxicating liquor license for Simon's Liquors, 2840 Highway 10. 5 ayes 0 nays Mayor Links closed the regular meeting and opened the next public hearing at 7:52 PM. There was no one present to represent the owner, and there were no comments from anyone present in the audience. Mayor Linke closed the public hearing and reopened the regular meeting at 7:52 PM. Motion/Second: Hankner/Quick to approve the renewal of the off -sale intoxicating liquor license for the Bel -Rae Ballroom, 5394 Edgewood Drive. 5 ayes 0 nays The Council directed Staff to check into the operation of Loose Ends on 10, specifically on the food service, and have the information available for the June 22 meeting. Mayor Linke asked that item F be removed from the consent agenda. Clerk/Administrator Pauley read the list of items for approval on;the consent agenda. Motion/Second: Blanchard/Wuori to approve the consent agenda, as presented, minus Item F, and waive the reading of the resolutions. 5 ayes 0 nays �l June 8, 1987 Page Seven ------------ 12. Public Hearing: Simon's Liquor, 2840 Highway 10 Motion Carried 13. Public Hearing: Bel -Rae Ball- room, 5394 Edgewood Drive Motion Carried 14. Approval of Consent Agenda Motion Carried Mounds View City Council June 8, 1987 Regular Meeting Page Eight Mayor Linke stated that as Sharie Linke is his wife, he would be abstaining from the vote on Item F. Motion/Second: Quick/Wuori to approve Item F on the consent agenda, and waive the reading. 4 ayes 0 nays 1 abstain Motion Carried Motion/Second: Hankner/Quick to approve the hiring 15. Consideration of Mr. Steven Dazenski at the hourly rate for a of Staff Memo Maintenance I classification per Itaster Labor Regarding Hiring Agreement, starting June 23, 1987. of Public Works Employee 5 ayes 0 nays Motion Carried Motion: Linke to remove this item from the table. 16. Remove from Table and The motion failed for lack of a second. Continued Dis- cussion on Mayor Linke stated that according to Roberts Rules, Portable this item is up for discussion as it had been tabled Classroom to a time certain, which is this evening. Building Site Councilmember Hankner stated she still has some major questions to be answered, and she feels they need to make their choice very carefully. She added that after reviewing the data from the Park and Rec department, she still is not certain that Random Park or City Hall Park would be the place to put the building. Mayor Linke pointed out the item was tabled to this time to allow the Council enough time to research this item. Councilmember Hankner stated she does not feel she has sufficient information to make a decision at this time. Councilmember Quick stated he has a question on the specific location at Random Park, and he feels that possibly a different location there, closer to Long Lake Road, would be more suitable. He stated that he also feels he needs more time to make a decision. Mayor Linke pointed out there are more locations to i consider than just Random Park. 11ounds View City Council June 8, 1987 Regular Meeting Page Nine --------------------------------------------------------------- Motion/Second: Quick/Linke to have Staff study placing the building closer to Long Lake Road at Random Park and report back for discussion in two weeks, and also have the Police Chief address parking along Long Lake Road and get input from Ramsey County also, and also provide more information on the placement by Well $3 and underground pipes which are available. Motion Carried 5 ayes 0 nays Motion/Second: Quick/Wuori to table this item until July 13, 1987. Motion Carried 5 ayes 0 nays Attorney Meyers reported they would be opposing 17. Report of Williams Pipeline Company in federal court on Thursday, Attorney June 11, at 2 PM, on their motion to take the pipeline sections out of Minnesota for further testing. Motion/Second: Quick/Hankner to secure funds not to 18. Reports of exceed $500 from the City Council account for the Councilmembers annual picnic with Staff, and direct Staff to set Councilmember up a committee, with Councilmember Quick representing Quick ' the Council, to determine the time and place of the picnic. 5 ayes 0 nays Councilmember Blanchard asked if the County has been contacted about adding water to Spring Lake. Clerk/Administrator Pauley replied they have been contacted and should;start within the next week or so. Councilmember Wuori had no report. Councilmember Hankner had no report. Mayor Linke had no report- Clerk/Administrator Pauley reviewed the request of Tim Edwards, owner of Wonder Video, for the use of a set of trailers for temporary business space during the construction of Silver View Mall. Clerk/ Administrator Pauley explained that the lease of 1 Wonder Video was terminated by Mounds View Square 4„d and they must be out by June 30. He added he has reviewed the zoning ordinance and does not find any conflict. Motion Carried Councilmember Blanchard Councilmember Wuori Councilmember Hankner Mayor Links 19. Report of Clerk/ Administrator Mounds View City Council Regular Meeting ------------------------ Councilmember Quick asked where the electrical would come in. Clerk/Administrator Pauley stated it would gome from a transformer located by Burger King, and the sewer and water stubs are in already. He added Staff would recommend the first choice for location due to the electrical, sewer and water needs and their availa- bility. He added he will be discussing this request with Attorney Meyers but he feels a development agreement would cover the City's interest. Attorney Meyers explained that Section 43.03 covers the use of mobile homes for a temporary office, for a 90 day period. He stated they could require the posting of a bond, and he does need more time to research the matter. Councilmember Blanchard stated she could sympathize with Mr. Edwards but she has a problem with letting someone come in and do this, as they could possibly end up with a whole row of trailers. She recommended not taking any action tonight. Councilmember Hankner stated she would like to see if there is any way to work this out, as Wonder Video has been a good business customer in the City, and she would like to be able to help them out if at all possible. Motion/Second: Quick/Hankner to direct Staff to draw up the necessary paperwork and look into the legal aspects of this request, for lot 1, block 10, south. west corner. June 8, 1987 Page Ten 4 ayes 1 nay Motion Carried Councilmember Blanchard voted against the motion. Mayor Linke explained that he works for Kraus/Anderson Realty Company, and the only association between that company and Kraus/Anderson Development Company is that the owner of the development company is also chairman of the board of the realty company. He stated he does not feel there is any conflict there, as they are two separate entities. Clerk/Administrator Pauley reported that Willard Haro had paid the fees for sewer and water services to build at 7545 Pleasantview Drive, on May 12, but they have since discovered the services will have to come from Fridley, and he requested approval to issue a refund from the City for the $846 Mr. Hare paid. Mounds View City Council Regular Meeting ------------------------ Motion/Second: Linke/Blanchard to approve the refunding of the $846 to Mr. Haro. 5 ayes 0 nays Mayor Linke adjourned the meeting at 8:27 PM. Re p tfully m tted, Don d F. Paul y Clerk Adminis or June 8, 1987 Page Eleven ------------ Motion Carried 20. Adjournment