HomeMy WebLinkAboutAgenda Packets - 2016/05/23CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, May 23, 2016
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to three
minutes.
6. SPECIAL ORDER OF BUSINESS
A. Resolution 8579, a Resolution of Appreciation for Tim Ramacher, for his Years
of Service on the Police Civil Service Commission
7. COUNCIL BUSINESS
A. 7:00 p.m., Public Hearing, to Consider Resolution 8580, a Resolution to Consider
a Off-Sale Intoxicating Liquor License for Keshav Enterprises, Inc., to operate a
Liquor Store Located at 2408 County Road I
B. 7:00 p.m. Public Hearing to Consider Resolution 8577 Adopting a Special
Assessment for a Private Water Line Repair
C. 7:00 p.m. Public Hearing to Consider Resolution 8578 Adopting Special
Assessments for Unpaid Abatement Charges, Administrative Offense Charges,
and Diseased Tree Charges
D. 7:00 p.m. Public Hearing to Consider Second Reading and Adoption of
Ordinance 917, an Ordinance Revision Title 1100 of the Mounds View City Code
Regarding Carports and Accessory Uses (ROLL CALL VOTE)
E. 7:00 p.m. Public Hearing to Consider Resolution 8582, a Resolution to Consider
a Conditional Use Permit for a Dynamic Display Sign for Messiah Lutheran Church
Located at 2848 Co Rd H2.
F. Continued Public Hearing: Resolution 8568, a Resolution to Consider an On-
Sale Intoxicating Liquor License for Moe’s, Located at 2400 County Road 10
G. Second Reading and Adoption of Ordinance 916, an Ordinance Updating Chapter
1006 of the Mounds View City Code Regarding Certificates of Occupancy and
Escrows (ROLL CALL VOTE)
H. First Reading and Introduction of Ordinance 915, an Ordinance Amending Chapter
1012 of the Mounds View City Code Regarding the Rental Dwelling License
Requirements
I. First Reading and Introduction of Ordinance 918, an Ordinance Naming that
Section of County Road 10 in the City of Mounds View to “Mounds View
Boulevard”
City Council Meeting
Monday, May 23, 2016
Page 2
7. COUNCIL BUSINESS - Continued
J. Resolution 8581, Dissolution of the Street and Utilities Committee
K. Resolution 8583, Approving the Uniform State Wide Contract for Cogeneration and
Small Power Production Facilities as part of the Energy Savings Partnership (ESP)
program for the Community Center and City Hall
8. CONSENT AGENDA
A. Set a Public Hearing for Monday, June 13, 2016, at 7 pm, to Consider the Second
Reading and Adoption of Ordinance 918, an Ordinance naming that Section of
County Road 10 in the City of Mounds View to “Mounds View Boulevard”
B. Set a Public Hearing for Monday, June 13, 2016, at 7 pm, to Consider a
Residential Kennel License for Meridith Grosse located at 7985 Fairchild Avenue
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. April 11, 2016, City Council Minutes
B. April 25, 2016, City Council Minutes
C. May 9, 2016, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Review Research Concerning Accessory Dwelling Units
2. Review Recently Adopted Legislation Regarding Temporary Dwelling Units
C. Reports of City Attorney
12. Next Council Work Session: Monday, June 6, 2016, at 7 p.m.
Next Council Meeting: Monday, June 13, 2016, at 7 p.m.
13. ADJOURNMENT
Item 06A
Special Order of Business
May 23, 2016
City Administrator Review: _________
RESOLUTION NO. 8579
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO TIMOTHY RAMACHER FOR HIS
SERVICE ON THE POLICE CIVIL SERVICE COMMISSION
WHEREAS, Timothy Ramacher was appointed to the Police Civil Service
Commission on January 1, 2015; and
WHEREAS, Timothy Ramacher has served on the Police Civil Service
Commission with dedication and a high level of enthusiasm; and
WHEREAS, Timothy Ramacher has gained the respect and gratitude of
his fellow Police Civil Service Commission members.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Timothy Ramacher for his dedication and devoted
service on the Mounds View Police Civil Service Commission.
Adopted this 23rd day of May, 2016.
Mayor Flaherty
Councilmember Gunn Councilmember Hull
Councilmember Meehlhause Councilmember Mueller
ATTEST:
City Administrator Ericson
(seal)
Item No: 07A
Meeting Date: May 23, 2016
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Public Hearing, Resolution 8580, a Resolution to Consider an
Off-Sale Intoxicating Liquor License for Keshav Enterprises,
Inc., Located at 2408 County Road I
Background:
In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required
for all liquor licenses. Keshav Enterprises, Inc., is requesting an Off-Sale Intoxicating Liquor
License located at 2408 County Road I (former SNAP Market).
On March 28, 2016, the City Council considered a liquor license for Keshav Enterprises, Inc.
The City Council denied approval of the license because the property was delinquent in their
property taxes. In accordance with the City’s Liquor Code:
Subd. 2. Places Ineligible for License:
a. No intoxicating liquor or wine license shall be granted for operation on
any premises on which taxes, assessments, utility bills or other financial
claims of the City are delinquent or unpaid. (Amended, Ord. 843, 5-20-10)
Mr. Ankur Chopra of Keshav Enterprises, Inc., will be appearing at this City Council meeting
to answer any questions.
Discussion:
Mr. Ankur Chopra of Keshav Enterprises, Inc., submitted all required city liquor license
application materials and fees. Staff has not received a Certificate of Liability Insurance.
This license would be contingent in receiving this certificate. The following investigations and
inspections have been conducted to determine whether there is cause for the City to deny the
application:
Police Inquiry and Investigations (Mounds View Police Department)
Staff submitted a background check application to the Minnesota Bureau of Criminal
Apprehension (BCA) on Ankur Chopra. In addition, the City has submitted a background
check on Keshav Enterprises, Inc., in accordance with the City Liquor Code. All background
checks have been received and are satisfactory.
Applicant owns a liquor store in Brooklyn Park called City Liquors. Staff contacted the City of
Brooklyn Park and there were two violations on record: 2009: Sale to a minor; 2010: Sale of
a minor.
Item 07A
May 23, 2016, City Council Meeting
Page 2
City Billing (Mounds View Finance Department)
This building has no outstanding utility bills.
As of Thursday, May 19, 2016, 2408 County Road I continues to be delinquent in their
property taxes. It appears the owner has made a payment towards the delinquent property
taxes after the March 28th City Council Meeting. However, according to Ramsey County
Property Records, the owner is still delinquent in the amount of $10,162.02 (at the March 28th
City Council Meeting they owed $28,686.28). Attached is the Property Tax Payment
information from the Ramsey County Property Tax Division.
Fire Inspection (Mounds View Fire Marshal)
Before they open, Keshav Enterprises, Inc., would be required to have a fire inspection. This
license will be contingent on a satisfactory fire inspection from the Fire Marshal.
Recommendation:
Staff recommends opening the Public Hearing for comment. If property taxes are not paid in
full before the start of this City Council Meeting, then Staff recommends denial of the liquor
application. The property would ineligible for an Off-Sale Intoxicating Liquor License in
accordance with the Mounds View City Code §502.04, subd 2a. However, if the City Council
wishes to approve this license contingent on payment of property taxes by a certain date,
receipt of a Certificate of Liability Insurance, and a satisfactory fire inspection, then staff
prepared a resolution with these listed contingencies. If approved, this license will expire on
June 30, 2017.
Respectfully Submitted,
___________________________
Desaree Crane
Approval Contingent on Property Taxes
RESOLUTION 8580
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Approving an Off-Sale Intoxicating Liquor License
for Keshav Enterprises, Inc.
Located at 2408 County Road I
WHEREAS, Keshav Enterprises, Inc., submitted all required City and State Liquor
license application materials; and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff has reviewed all application materials; and
WHEREAS, the approval of this Off-Sale Intoxicating Liquor License to Keshav
Enterprises, Inc., is contingent on a satisfactory full payment of delinquent property taxes no
later than __(date)_____, receipt of a Liquor Liability Insurance Certificate, and a satisfactory
fire inspection.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby approve an Off-Sale Intoxicating Liquor License to Keshav Enterprises, Inc.,
contingent on a satisfactory full payment of delinquent property taxes no later than
__(date)_____, receipt of a Liquor Liability Insurance Certificate, and a satisfactory fire
inspection.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that this license will expire on
June 30, 2017.
Adopted this 23rd day of May, 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Approval if Property Taxes are Paid Prior to the City Council Meeting
RESOLUTION 8580
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Approving an Off-Sale Intoxicating Liquor License
for Keshav Enterprises, Inc.
Located at 2408 County Road I
WHEREAS, Keshav Enterprises, Inc., submitted all required City and State Liquor
license application materials; and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff has reviewed all application materials; and
WHEREAS, the approval of this Off-Sale Intoxicating Liquor License to Keshav
Enterprises, Inc., is contingent on receipt of a Liquor Liability Insurance Certificate, and a
satisfactory fire inspection.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby approve an Off-Sale Intoxicating Liquor License to Keshav Enterprises, Inc.,
contingent on receipt of a Liquor Liability Insurance Certificate, and a satisfactory fire
inspection.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that this license will expire on
June 30, 2017.
Adopted this 23rd day of May, 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Denial if Property Taxes are not Paid & the City Council denies the license
RESOLUTION 8580
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Off-Sale Intoxicating Liquor License Denial
for Keshav Enterprises, Inc.
Located at 2408 County Road I
WHEREAS, Keshav Enterprises, Inc., submitted all required City and State Liquor
license application materials; and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff has reviewed all application materials; and
WHEREAS, in accordance to the Mounds View City Code, Chapter 502, Subdivision
2(a), no intoxicating liquor or wine license shall be granted for operation on any premises on
which taxes, assessments, utility bills or other financial claims of the City are delinquent or
unpaid; and
WHEREAS, the property located at 2408 County Road I is delinquent in their property
taxes, and therefore, are not eligible for an Off-Sale Intoxicating Liquor License.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby deny an Off-Sale Intoxicating Liquor License to Keshav Enterprises, Inc., in
accordance with Chapter 502, subdivision 2(a) of the Mounds View City Code.
Adopted this 23rd day of May, 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Item No: 7.B
Meeting Date: May 23, 2016
Type of Business: Council Business
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Public Hearing to receive Public Input and pass upon
Resolution 8577 Adopting a Special Assessment Levy
for Unpaid Private Water Line Repairs at 2145 Highway
Avenue
A public hearing is scheduled for 7:00 P.M. or later to receive public input regarding the proposed
assessment of unpaid private water line repairs for 2145 Highway Avenue. Under chapter 906.04
subd. 4, each property owner shall be responsible for leak-associated repairs between the water
main and the structure located on the premises.
A legal notice of this public hearing was published in the Sun Focus on May 6, 2016. Individual
notice of the meeting was sent by first class mail to the affected property owner on April 13, 2016.
Attached is the full roll of assessment notices that was sent out.
The property owner may pay the amount due by 4:30 P.M. on Monday, May 23, 2016 in order to
avoid the $35.00 administrative fee. The owner may pay after the roll is certified Monday night, but
before the roll is forwarded to Ramsey County. In that case, they will pay the total due, including
the administrative fee.
The owner may prepay the assessment between May 24, 2016 and June 23, 2014 without paying
additional interest. After that, interest at the rate of 5.5% will accrue from May 23, 2016 through the
payment date. This interest rate and administrative fee were set by the City Council in Resolution
7135.
On or about June 30, 2016, we will forward the assessment roll to Ramsey County for collection
with the 2017 property taxes.
Respectfully submitted,
___________________________
Mark Beer
RESOLUTION NO. 8577
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Adopting a Special Assessment Levy for Unpaid Private Water Line Repairs at 2145
Highway Avenue
WHEREAS, pursuant to proper notice given as required by law, the City Council has met
and heard and passed upon all objections to the proposed assessment for unpaid private water
line repairs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View
that:
1. Such proposed assessment roll, a copy of which is attached hereto and made a part
hereof, is accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein is hereby found to be benefited by the unpaid
private water line repairs in the amount of the assessment levied against it.
2. The assessment as adopted and confirmed shall be payable in equal annual installments
over a period of five (5) years, the first of the installments to be payable on or before the
first Monday in January 2017, and shall bear interest at the rate of five and one half (5.5)
percent per annum. To the first installment shall be added interest on the entire
assessment from May 23, 2016 through December 31, 2017. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to the certification of the
assessment to the County Auditor pay the whole of the assessment, with interest accrued
to the date of payment, to the City Treasurer, except that no interest shall be charged if
the entire assessment is paid within 30 days from the adoption of this resolution; and the
owner may, at any time thereafter, pay to the City Treasurer the entire amount of the
assessment, with interest from the date of adoption of this resolution through the date of
payment, such payment must be made before June 30th, or interest will be charged
through December of the succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the county, and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted this 23rd Day of May 2016.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson, City Administrator
(SEAL)
City of Mounds View
Diseased Tree Removal Charges
Certify 16 for Pay 17
Resolution 8578
59201703
Three year assessments
Interest rate 5.5%
PID#Name Address Charge Admin Fee Total Amount
063023440042 Craig & Joy Genung 7880 Eastwood Road $555.00 $35.00 $590.00
073023330029 Lois Lestina 6939 Pleasant View Drive $420.00 $35.00 $455.00
073023330029 Sheldon Moe 8373 Red Oak Drive $1,505.00 $35.00 $1,540.00
073023230028 Ryan Harer 7489 Spring Lake Road $442.50 $35.00 $477.50
$3,062.50
City of Mounds View
Unpaid City Charges September
Certify 16 for Pay 17
Resolution 8578
59201702
One year assessments
Interest rate 5.5%
PID#Name Address Charge Admin Fee Total Amount
053023430064 Sonja Mogney 2184 Terrace Drive $150.00 $35.00 $185.00
053023430048 Andrew Stefon 2295 Terrace Drive $150.00 $35.00 $185.00
063023340089 C & N Group LLC 2832 County Road 10 $92.00 $35.00 $127.00
$497.00
Item No: 7.C
Meeting Date: May 23, 2016
Type of Business: Council Business
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Public Hearing to Receive Public Input and Pass Upon
Resolution 8578 Adopting a Special Assessment Levy for Unpaid
Administrative Offense Charges, Nuisance Abatement Charges,
and Diseased Tree Charges.
A public hearing is scheduled for 7:00 P.M. or as soon thereafter to receive public input regarding
the proposed assessment of unpaid administrative offense charges, nuisance abatement charges,
and diseased tree charges. Individual notices of the meeting were sent by first class mail to the
affected property owners.
The property owner may pay the amount due by 4:30 P.M. on Monday, May 23, 2016 in order to
avoid the $35.00 administrative fee. The owner may prepay the assessment between May 24,
2016 and June 23, 2016 without paying additional interest. After that, interest at the rate of 5.50%
will accrue from May 23, 2016 through the payment date. This interest rate and administrative fee
were set by the City Council in Resolution 7135.
On or after June 30, 2016, we will forward the assessment roll to Ramsey County for collection with
the 2017 property taxes.
Respectfully submitted,
___________________________
Mark Beer, Finance Director
RESOLUTION NO. 8578
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges,
Nuisance Abatement Charges, and Diseased Tree Charges
WHEREAS, pursuant to proper notice given as required by law, the City Council has met
and heard and passed upon all objections to the proposed assessment for unpaid administrative
offense charges, nuisance abatement charges, and diseased tree charges.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View
that:
1. Such proposed assessment roll, a copy of which is attached hereto and made a part
hereof, is accepted and shall constitute the special assessments against the lands named
therein, and each tract of land therein is hereby found to be benefited by unpaid
administrative offense charges, nuisance abatement charges, and diseased tree charges
in the amount of the assessment levied against it.
2. The assessments as adopted and confirmed shall be payable in equal annual installments
over a period of one (1) year for administrative offense and nuisance abatement charges
and three (3) years for diseased tree charges, the first of the installments to be payable
on or before the first Monday in January 2017, and shall bear interest at the rate of five
and one half (5.5) percent per annum from May 23, 2016 through December 31, 2017.
To each subsequent installment when due shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed may at any time prior to the certification of the
assessment to the County Auditor pay the whole of the assessment, with interest accrued
to the date of payment, to the City Treasurer, except that no interest shall be charged if
the entire assessment is paid within 30 days from the adoption of this resolution; and the
owner may, at any time thereafter, pay to the City Treasurer the entire amount of the
assessment, with interest from the date of adoption of this resolution through the date of
payment, such payment must be made before June 30th, or interest will be charged
through December of the succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the county, and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted this 23rd Day of May 2016.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson, City Administrator
(SEAL)
Item No: _7D___
Meeting Date: May 23, 2016
Type of Business: Council Business
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jon Sevald, Planner
Item Title/Subject: Public Hearing to Consider Second Reading and Adoption
of Ordinance 917, an Ordinance Revising Title 1100 of the
Mounds View City Code Regarding Carports and Accessory
Uses
Introduction:
Accessory Buildings include any structure other than the home or principal building.
This includes open carports and enclosed private garages. The Zoning Code regulates
the placement, size, and appearance of Accessory Buildings based on what zoning
district the property is located in. Clarification is needed regarding finished material of
carports, and permitted items stored within carports.
Discussion:
The Zoning Code provides definitions for Accessory Buildings, Carports, and Private
Garages. Because carports and garages are both accessory buildings, but have
different restrictions, clarification is needed to the text.
This topic was previously discussed in 2000, 2009, and 2014 specific to allowing
Accessory Buildings with tarp-like exteriors. In 2014, the Council decided to continue to
prohibit their use.
The City Council discussed Carports at their March 7, 2016 Work Session. The
Council’s consensus is to continue to prohibit structures composed of tarp-like exterior
materials, and to amend the Zoning Code to clarify the use of Carports for the storage
of motor vehicles, and to prohibit their use for storage of miscellaneous household
items, creating a nuisance in appearance.
The proposed ordinance amendment clarifies that a Carport is an Accessory Building
open on at least one side (as opposed to an enclosed Private Garage). Carports may
have an exterior consisting of metal, fiberglass, or polycarbonate panels (no tarp-like
material). A Carport may be used for the storage of operable motor vehicles, ATV’s,
snowmobiles, trailers, and anything contained within or upon a trailer, such as a boat.
The Council conducted the First Reading of Ordinance 917 on May 9, 2016. No
changes to the draft ordinance have been made since the First Reading. The Council
discussed the possible use of Carports by residents within the mobile home parks.
Staff conducted a windshield survey of the three mobile home parks, finding no
Carports in use. Towns Edge Mobile Home Park has no off-street parking. The other
two mobile home parks may have limited space, making it difficult to fit a Carport on a
lot within setbacks.
Planning Commission Recommendation:
The Planning Commission discussed this item at their April 20, 2016 meeting,
recommending approval of Ordinance 917, amending Section 1102.02 (Definitions),
and Section 1106.03 (Accessory Uses). The Planning Commission’s discussion
included general zoning requirements for Accessory Buildings, appearance, permitted
storage, and roof pitch.
Staff Recommendation:
Staff recommends approval of Ordinance 917, an amendment to Section 1102.02 and
Section 1106.03 of the Zoning Code; clarifying allowable exterior materials of a Carport,
and permitted storage within a Carport.
A Public Hearing Notice was published in the Mounds View – New Brighton Sun Focus
on May 6, 2016.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments
Photo Examples
Selected Sections of the City Code Regarding Accessory Buildings
Ordinance 917
Photo Examples
Figure 1: 3-sided carport, permitted
Figure 2: open-sided carport, tarp on right-side is not permitted
Figure 3: 1-sided carport, misc. items stored inside is not permitted
Selected Sections of the City Code Regarding Accessory Buildings
Public Health and Safety, Section 607.06, Subd 1
Declaration Of Nuisance: The outside parking and storage on residentially-zoned
property of vehicles, materials, supplies or equipment not customarily used for
residential purposes in violation of the requirements set forth below is declared to be a
public nuisance because it: a) obstructs views on streets and private property, b)
creates cluttered and otherwise unsightly areas, c) introduces commercial advertising
signs into areas where commercial advertising signs are otherwise prohibited, d)
decreases adjoining landowners and occupants’ enjoyment of their property and
neighborhood, and e) otherwise adversely affects property values and neighborhood
patterns.
Zoning Code, Section 1102.02, Subd 1
Accessory Building or Use: A subordinate building or use which is located on the
same lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such building or main use.
Zoning Code, Section 1102.02, Subd 14
Carport: Space for the housing or storage of motor vehicles and enclosed on not more
than two (2) sides.
Zoning Code, Section 1102.02, Subd. 51
Garage, Private: A detached accessory building or portion of the principal building,
including a carport, which is used for storing vehicles.
Zoning Code, Section 1106.03, Subd 1 [R-1, R-2, R-3, R-4 districts]:
Accessory Buildings: Accessory buildings, which for these purposes shall include
garages, tool houses, carports, sheds and similar buildings for storage of domestic
supply and noncommercial recreational equipment, whether attached or detached.
Zoning Code, Section 1106.03, Subd 1(g) [R-1, R-2, R-3, R-4 districts]:
Accessory buildings shall have a weather resistant, treated or finished exterior.
Structures composed of tubular metal and canvas or exposed plywood, particle board
or similar materials shall not be permitted. The City does not allow cloth, canvas, plastic
sheets and tarps or similar materials as primary exterior materials on accessory
buildings (except for green houses).
Zoning Code, Section 1106.03, Subd 1(i) [R-1, R-2, R-3, R-4 districts]:
The roof of all accessory buildings exceeding two hundred fifty (250) square feet in size
shall: (1) Match or be similar to the character and style of the roof of the principal
structure. (2) Have a pitch or slope of at least 2-12.
ORDINANCE NO. 917
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1100 OF THE MOUNDS VIEW CITY CODE
PERTAINING TO CARPORTS AND ACCESSORY USES;
SPECIAL PLANNING CASE 200-16
The City of Mounds View ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100,
Chapter 1102, Section 1102.02; and Chapter 1106, Section 1106.03 of the Mounds View
Municipal Code by adding the underlined material and deleting the stricken material as
follows:
1102.02: DEFINITIONS:
Subd. 1. ACCESSORY BUILDING OR USE: A subordinate building or use which is
located on the same lot on which the main building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary use of such building
or main use.
Subd. 15. CARPORT: Space for the housing or storage of motor vehicles and enclosed
on not more than two (2) sides. An accessory building open on one or more sides,
utilized only for the covered parking or storage of operable motor vehicles, all-terrain
vehicles, snowmobiles, and trailers.
Subd. 51. GARAGE, PRIVATE: An enclosed detached accessory building or portion of
the principal building, including a carport, which is used for storing vehicles.
1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1
District:
Subd. 1. Accessory Buildings: A building originally constructed for use as an accessory
building for the storage of materials and equipment accessory to a primary use located
on the property. Accessory buildings, which for these purposes shall include garages,
tool houses, carports, sheds and similar buildings for storage of domestic supply and
noncommercial recreational equipment, whether attached or detached.
(Ord. 664, 8-14-00; Ord. 879, 7-22-13)
Subd 1. Accessory Buildings, including garages, carports, tool houses and sheds,
whether attached or detached.
g. Accessory buildings shall have a weather resistant, treated or finished exterior.
Structures composed of tubular metal and canvas or exposed plywood, particle
board or similar materials shall not be permitted. The City does not allow cloth,
canvas, plastic sheets and tarps or similar materials as primary exterior materials on
accessory buildings (except for green houses).
The exterior finish of Carports may include sheet, ribbed or corrugated metal,
fiberglass or polycarbonate panels, and shall remain open on one or more sides.
i. The roof of all accessory buildings (excluding carports) exceeding two hundred
fifty (250) square feet in size shall:
(1) Match or be similar to the character and style of the roof of the principal
structure.
(2) Have a pitch or slope of at least 2-12.
SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On May 23, 2016, the City Council adopted Ordinance 917 that amends Title 1100
of the Mounds View City Code pertaining to the allowable exterior finished material
of Carports, and allowable items that may be stored within Carports.
A printed copy of the ordinance is available for inspection during regular business
hours at Mounds View City Hall and is available online at the City’s web site located
at www.ci.mounds-view.mn.us.
SECTION 3. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on May 9, 2016.
Second Reading and Adoption by the Mounds View City Council on May 23, 2016.
Publication Date: June 3, 2016
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Administrator
(seal)
Item No: 07F
Meeting Date: May 23, 2016
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Continued Public Hearing: Resolution 8568, a Resolution
to Consider an On-Sale Intoxicating Liquor License Renewal
for Moe’s located at 2400 County Road 10
Introduction:
In accordance with Chapter 502 of the Mounds View City Code, a public hearing is
required for all liquor license renewals. The City of Mounds View issued an intoxicating
liquor license for Moe’s effective July 1, 2015. This license will expire on June 30, 2016.
The notice of this public hearing was sent out to residences within a 350 feet radius, and
the Notice of Public Hearing was published in the City’s official newspaper. This public
hearing was originally scheduled on May 9, 2016. The public hearing was continued to this
meeting because Moe’s had not submitted their city liquor license application materials and
the applicable fees by the Friday, April 29, 2016, deadline. It was the consensus of the
City Council to charge Moe’s with a 20% late payment fee in accordance with the 2016 Fee
Schedule.
Discussion:
On May 9, 2016, Staff sent Jeff Moritko, owner of Moe’s, a certified letter (attached with
signed receipt) stating he was subject to the 20% late fee, and was also delinquent in his
utility bill payment. On Wednesday, May 11, 2016, application materials were submitted to
the City, by Mr. Moritko, along with the license fee (not including the 20% late fee). On
Wednesday, May 11th, Mr. Moritko was informed about the 20% late fee and was also
informed of his delinquent utility bill. Further, Mr. Moritko was informed that non-payment
of the late fees and the utility bill would be grounds for denial of Moe’s on-sale liquor
license renewal. As of Thursday, May 19, 2016, Moe’s has paid the delinquent utility bill.
However, Moe’s still owes late fees associated with the delinquent utility bill ($162.70) and
the late fee associated with late submission of the on-sale liquor license application
materials ($645.00). In accordance with the City’s Liquor Code:
Subd. 2. Places Ineligible for License:
a. No intoxicating liquor or wine license shall be granted for operation on
any premises on which taxes, assessments, utility bills or other financial
claims of the City are delinquent or unpaid. (Amended, Ord. 843, 5-20-10)
Item 07A
May 23, 2016, City Council Meeting
Page 2
The following investigations and inspections have been conducted to determine whether
there is cause for the City to deny the application:
Police Inquiry and Investigations (Mounds View Police Department)
Staff has submitted a criminal background check to the Minnesota Bureau of Criminal
Apprehension, and has not received the criminal background check. This liquor license
renewal will be contingent on a satisfactory background check.
The Mounds View Police Department will be conducting compliance checks before the
expiration of this license. Staff recommends this license contingent on a satisfactory report
from the Mounds View Police Department.
Utility Billing Inquiry (City of Mounds View)
Finance Department has issued an unsatisfactory report due to the non-payment of the
delinquent utility bill late fee of $162.70
Fire Inspection (City of Mounds View Fire Marshal)
A fire inspection will be scheduled in early June. This license will be contingent on a
satisfactory fire inspection.
Recommendation:
Staff recommends opening the Public Hearing for any further comment. If late fees are not
paid in full before the start of this City Council Meeting, then Staff recommends denial of
the liquor application. The property would be ineligible for an On-Sale Intoxicating Liquor
License in accordance with the Mounds View City Code §502.04, subd 2a. However, if the
City Council wishes to approve this license contingent on payment of late fees by a certain
date, a satisfactory report from the Mounds View Police Department, satisfactory criminal
background check and a satisfactory fire inspection report, then Staff has prepared a
resolution(s). If approved, this license will expire on June 30, 2017.
Respectfully Submitted,
___________________________
Desaree Crane
Approval Contingent on Late Fee
RESOLUTION 8568
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Approving an On-Sale Intoxicating Liquor License
for Moe’s Located at 2400 County Road 10
WHEREAS, Moe’s, submitted all required City and State Liquor license application
materials on Wednesday, May 11, 2016; and
WHEREAS, deadline for submitting application materials and fees was on April 29,
2016; and
WHEREAS, in accordance with the 2016 Fee Schedule all licenses are subject to a
20% late fee if the City does not receive the required application materials and fees by the
deadline; and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff has reviewed all application materials; and
WHEREAS, the approval of this On-Sale Intoxicating Liquor License to Moe’s is
contingent on a satisfactory full payment of late fees due to a delinquent utility bill and
liquor license late fee no later than __(date)_____, satisfactory report from the Mounds
View Police Department, satisfactory criminal background check and a satisfactory fire
inspection.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby approve an On-Sale Intoxicating Liquor License to Moe’s contingent on a
satisfactory full payment of late fees associated with a delinquent utility bill and liquor
license late fee no later than __(date)_____, satisfactory report from the Mounds View
Police Department, satisfactory criminal background check and a satisfactory fire
inspection.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that this license will expire on
June 30, 2017.
Adopted this 23rd day of May, 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Approval if Fees are Paid Prior to the City Council Meeting
RESOLUTION 8568
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Approving an On-Sale Intoxicating Liquor License
for Moe’s Located at 2400 County Road 10
WHEREAS, Moe’s, submitted all required City and State Liquor license application
materials; and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff has reviewed all application materials; and
WHEREAS, the approval of this On-Sale Intoxicating Liquor License to Moe’s is
contingent on a satisfactory report from the Mounds View Police Department, satisfactory
criminal background check and a satisfactory fire inspection.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby approve an On-Sale Intoxicating Liquor License to Moe’s contingent on a
satisfactory report from the Mounds View Police Department, satisfactory criminal
background check and a satisfactory fire inspection.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that this license will expire on
June 30, 2017.
Adopted this 23rd day of May, 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Denial if Fees are not Paid & the City Council denies the license
RESOLUTION 8568
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Approving an On-Sale Intoxicating Liquor License
for Moe’s Located at 2400 County Road 10
WHEREAS, Moe’s, submitted all required City and State Liquor license application
materials on Wednesday, May 11, 2016; and
WHEREAS, deadline for submitting application materials and fees was on April 29,
2016; and
WHEREAS, in accordance with the 2016 Fee Schedule all licenses are subject to a
20% late fee if the City does not receive the required application materials and fees by the
deadline; and
WHEREAS, all City of Mounds View business licenses must be approved by the City
Council; and
WHEREAS, staff has reviewed all application materials; and
WHEREAS, in accordance to the Mounds View City Code, Chapter 502, Subdivision
2(a), no intoxicating liquor or wine license shall be granted for operation on any premises
on which taxes, assessments, utility bills or other financial claims of the City are delinquent
or unpaid; and
WHEREAS, the Moe’s, located at 2400 County Road 10 has unpaid late fees due to
a delinquent utility bill and late submission of their liquor license, and therefore, are not
eligible for an On-Sale Intoxicating Liquor License.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby deny an On-Sale Intoxicating Liquor License to Moe’s, in accordance with Chapter
502, subdivision 2(a) of the Mounds View City Code.
Adopted this 23rd day of May, 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Item No: 07G
Meeting Date: May 9, 2016
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 916, an
Ordinance Revising Section 1006.06 of the Municipal Code
Regarding Certificates of Occupancy and Escrow Deposits
Introduction:
W hen a building is constructed and becomes ready for occupancy, there may remain a few
issues that are not quite complete, issues which would not otherwise prevent the space
from being occupied from a Building Code standpoint. Sometimes the issues are
impractical to complete due to weather conditions, such as final grading, survey, sod,
driveways, etc. in the winter months. In such cases, cities accept an escrow before
granting the Certificate of Occupancy to ensure the work will be completed after the
occupancy has been granted.
Discussion:
The City’s Fee Schedule already includes references to Certificate of Occupancy escrows,
in that the City would collect a minimum of $1,000 from the builder or developer if
something isn’t completed at the time occupancy is requested. The following list
represents common issues necessitating potential escrow:
a. Seed/Sod/Landscaping
b. As-built grading survey (covers grading and survey completion)
c. Driveway Installation
d. Curb cut modifications
e. Site clean-up
f. Stormwater management/drainage features/site erosion
g. Right-of-way restoration
h. Any other item as determined by the Building Official
A typical example of when this would come into play would be when a homeowner or
contractor needs to close on a new home in January but the only thing holding up the final
Certificate of Occupancy is installation of a driveway or sod/seed which would be
impractical for the time of year. In such cases, the builder, developer or owner would
deposit the required escrow to ensure the work would be completed when weather was
more permissive, and the City would issue the Certificate of Occupancy.
The proposed revisions to Section 1006.06 provide the authorization to collect an escrow;
the process by which the deposited monies would be used to address whatever work
remains to be completed would be handled in a separate policy document and escrow
agreement.
Ordinance 916 Report
May 23, 2016
Page 2
The City Council reviewed the proposed ordinance at the May 2, 2016, Work Session and
supported moving it forward for consideration. The ordinance was introduced and received
its first reading on May 9, 2016, at which time the second reading was scheduled for May
23, 2016. No changes have been made to the current version from what was reviewed
and approved on May 9, 2016.
Recommendation:
Staff recommends that the City Council consider the second reading and approval of
Ordinance 916, an ordinance amending the City Code in Section 1006.06 to authorize the
collection of an escrow amount to cover costs associated with certain non-Building Code
requirements prior to the issuance of a Certificate of Occupancy.
Respectfully submitted,
________________________
James Ericson
City Administrator
Attachments:
1. Ordinance 916
ORDINANCE NO. 916
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1006, SECTION 1006.06, OF THE
MOUNDS VIEW MUNICIPAL CODE REGARDING CERTIFICATES OF OCCUPANCY
AND ESCROWS
The City of Mounds View Ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Section 1006.06 of the
Mounds View Municipal Code by adding the underlined material as follows:
Subd. 5. Certificate of Occupancy:
a. No building or structure can be used or occupied, and no change in the existing
occupancy classification of a building, structure or portion of a building or structure can be
made until the building official has issued a certificate of occupancy for the building or
structure. Issuance of a certificate of occupancy is not approval of a violation of the code or
ordinances. Occupancy may be granted by the Building Official upon receipt of an escrow from the
applicant prior to completion of the following items:
1. Seed/ Sod
2. As-built grading survey (covers grading and survey completion)
3. Driveway
4. Curb cut for new driveway and removal/replacement of old curb cut
5. Control of site erosion
6. Removal of debris including site clearing, construction, existing structures, etc.
7. Stormwater management/drainage features
8. Any other items as determined by the Building Official
b. The escrow amount collected shall be in an amount established by resolution of the City Council.
SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On May 23, 2016, the City Council adopted Ordinance 916 that amends Section 1006.06 of
the Mounds View City Code to require issuance of Certificates of Occupancy for new
construction or changes of building usage, as determined by the Building Official, prior to
such space being occupied. Occupancy may be granted by the Building Official prior to
certain work being finalized upon receipt of an escrow in an amount approved by the City
Council.
A printed copy of the ordinance is available for inspection during regular business hours at
Mounds View City Hall and is available on line at the City’s web site located at
www.ci.mounds-view.mn.us.
ORDINANCE 916
PAGE 2
SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on May 9, 2016.
Second Reading and Adoption by the Mounds View City Council on May 23, 2016.
Publication Date: June 3, 2016
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson, City Administrator
(seal)
Item No: 07H
Meeting Date: May 23, 2016
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Introduction and First Reading of Ordinance 915 Revising
Chapter 1012 of the Municipal Code Regarding Rental
Dwelling Licenses
Introduction:
Community Development staff have been working for the last few months to come up
with new language to address known deficiencies in our rental dwelling license
regulations as well as to address issues not previously addressed. The proposed
ordinance represents the culmination of its work on the matter.
Discussion:
The City of Mounds View has long had a multi-family rental inspection and licensing
program. In 2008, when foreclosed homes were being converted to rental properties,
the Code was amended to expand licensing to any rental property, including single
family homes (with some exception.) Since that time, the City attempted to provide
additional clarity concerning the program and inspection policies. The following
summarizes these proposed changes.
1012.02: Four new definitions have been added to provide reference to new code
language. The new definitions will be alphabetically inserted into the section
causing other definitions to be renumbered.
1012.03: Additional exceptions and exemptions are added to the Code to address
living situations not originally considered with the 2008 expansion to include
single family homes.
1012.03: The discounts provided for the various levels of MN Crime Free Housing
participation have been moved to 1012.08 with additional participation
requirements noted.
1012.03: New information regarding conversion fees has been added to address
situations not originally contemplated with the 2008 revision.
1012.03: New section added to require that all tenants of all rental properties, except
those licensed by the County or the State, sign a lease and that all leases
include a Crime Free Housing Addendum with specific criteria.
Page 2
Ord 916 Report
May 23, 2016
Page 2
1012.05: Additional criminal activities are listed which would constitute disorderly
conduct upon a licensed premises.
1012.08: The license discounts language that had been located in 1012.03 were
moved to this section and expanded to include the various requirements for
each level of discount.
The City Council reviewed the draft ordinance language at its work session on May 2,
2016. A few questions were asked about the proposed language, the answers to which
were provided at the meeting, with the exception of the following:
Q: How does this Chapter address families of unrelated people or boarders?
Chapter 1012 requires that any rental property, with limited exception, obtain a rental
dwelling license from the City. Generally, the number of tenants in a multi-family
dwelling unit depends upon specific terms of the lease and the International Property
Maintenance Code standards. For a rented single family dwelling unit, there is no
specified limitation, unless the “family” is a group of unrelated persons, which is defined
as no more than four. A traditional family related by blood can have two additional
boarders in its home, which is one of the stated exceptions.
Changes Subsequent to the Work Session
A few changes have been made to the ordinance since it was presented at the work
session as follows:
1012.02: Added two more definitions—“Tenant” and “Enforcement Officer”.
1012.03: Additional language expanding on “Exceptions”.
1012.03: Deleted the word “Regular” toward the bottom of Page 2. We’re not sure
what a “Regular” license was, as there are no other license types
contemplated.
1012.03: Added “property manager” to the list people for whom contact information
shall be provided on an application, top of Page 3.
1012.03: Tweaked the language associated with the Conversion Fee at the top of
Page 4. Rather than limiting the property management requirement to
one year, it would be required indefinitely or until the owner or responsible
party has attended qualifying education courses.
1012.08: Added the word “of” to clause b of Subd 3, relating to Level “A”
certification.
Page 3
Ord 916 Report
May 23, 2016
Page 3
Attorney’s Review:
The City Attorney has reviewed the proposed revisions and finds the ordinance to be
generally satisfactory, however further minor tweaks may be needed before the
ordinance comes back for a second reading.
Recommendation:
Staff recommends that the City Council approve the introduction and first reading of
Ordinance 915, an ordinance amending Chapter 1012 of the Mounds View City Code
relating to the City’s rental dwelling licensing requirements. The second reading and
adoption has been scheduled for Monday, June 13, 2016.
Respectfully submitted,
________________________
James Ericson
City Administrator
Page 1
ORDINANCE NO. 915
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1012 OF THE MOUNDS VIEW
CITY CODE RELATING TO RENTAL DWELLING LICENSES
The City of Mounds View Ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1012, Section 1012.02 of the Mounds View Municipal Code by alphabetically adding the
underlined definitions as follows:
1012.02: DEFINITIONS:
Group Home: A residential accommodation for a small group of unrelated people in need of
care, support or supervision.
Drug Related Criminal Activity: Illegal manufacturing, sale, distribution, use or possession with
the intent to manufacture, sell distribute, or use of a controlled substance or any substance
represented to be drugs (as defined in section 102 of the Controlled Substance Act
[21.U.S.C 802])
Tenant. Any person living or sleeping in a rental dwelling or having possession of a space
within a rental dwelling
Enforcement Officer. For purposes of this Chapter, the Enforcement Officer shall be the
Housing Code Enforcement Officer, or other person so designated by the City.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1012, Section 1012.03 of the Mounds View Municipal Code by adding the underlined material
and deleting the stricken material as follows:
1012.03: LICENSING PROVISIONS:
Subd. 1. License Required: No person shall allow to be occupied or let to another for
occupancy any rental dwelling unit unless the owner has first obtained a rental dwelling
license.
a. Applicability: The provisions of this Chapter shall apply to all multiple dwellings,
rental dwellings, rental dwelling units, including rented single-family dwellings, rented
condominiums, rented townhouses and rented leasehold cooperative dwelling units.
One (1) license shall be issued for each building with rental dwelling units and shall be
deemed to cover only such dwelling units under single ownership.
Page 2
b. Exceptions:
(1) A rental dwelling license is not required for single-family dwellings
residences occupied by the owner where no more than two (2) sleeping rooms are
rented and the renters have access to the entire dwelling. residence,
(2) A rental dwelling license is not required or for single-family dwellings
residences occupied only by the owner’s children or parents.
(3) A rental dwelling license is not required for zero-lot-line dwellings in which
the units are owned individually and not rented.
(4) A rental dwelling license fee and the inspection will be waived by the City
for two-family dwellings if both units are occupied by the owner, the owner’s
children or the owner’s parents, subject to annual submission of the Rental License
Application form.
Subd. 2. Application for Rental Dwelling License: Before any license required by this
Section shall be issued or renewed, the owner shall make written application with the
Community Development Department for a license to carry on the business of renting
residential property.
a. An application must be filed with the Community Development Department
thirty (30) days prior to the effective date for license renewal in existing buildings. For
new buildings an application shall be filed after construction is completed but before any
units are occupied.
b. Applications shall be signed and submitted by the owner of a rental dwelling if the
owner is a natural person; if the owner is a corporation, by an officer thereof; and if the
owner is a partnership, by a partner thereof.
c. The application shall be made on forms provided by the Community Development
Department. License Regular license applications shall include the following
information:
(1) Legal address of the rental dwelling.
(2) Number and type of units rented.
(3) Height of building in stories.
(4) Construction of the exterior of the building.
(5) Total floor area of the building.
(6) Total area provided on premises for off-street parking.
(7) Names and street address of the vendee if the rental dwelling is being sold on a
contract for deed.
Page 3
(8) Name, business or residence address, telephone number, and date of birth of the
owner of the dwelling. If the owner is a partnership the name of the partnership, the
name, residence address, and date of birth of the managing partner, and the full
name and address of all partners. If the owner is a corporation, the application shall
include the name and address of the corporation, and the name of the chief
operating officer.
(9) If the owner has appointed a property manager, or an agent authorized to accept
service of process and to receive and give receipt for notices, the name, business or
residence address, telephone number, and date of birth of such agent.
(10) Every applicant, whether an individual, partnership, or corporation, shall
identify in the application the residence or business street address, telephone
number, and date of birth, of a natural person who is actively involved in, and
responsible for, the maintenance and management of the premises. Said natural
person shall, if other than the owner, shall accept joint and several responsibility
with the owner, including any potential criminal, civil, or administrative liability,
for the maintenance and management of the premises. A post office box or
commercial mail receiving service are not acceptable as an address for such person.
The individual designated herein may also be the owner of the dwelling or an agent
identified in Section 1012.02, Subdivision 2d.
d. Local Agent: No rental dwelling license shall be issued or renewed if the owner
does not reside within the eleven (11) county metro area consisting of: Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright;
unless the owner designates in writing the name of a local agent who resides within the
eleven (11) county metro area. The Community Development Department shall be
notified in writing of any change of local agent.
e. In the event that any of the information required to be provided by this Subdivision
changes, the applicant or licensee shall, within fourteen (14) days, notify in writing the
Community Development Department of the changes.
f. Group Homes licensed by the State or Ramsey County must submit a completed rental
dwelling license application but shall be exempt from license fees, conversion fees and
inspection requirements.
Subd. 3. License Fees: An annual fee, established by City Council resolution, shall be paid
thirty (30) days prior to the license expiration date. License fees may be reduced by
voluntary participation in the Crime Free Rental Housing Program as outlined in Section
1012.08. Effective January 1, 2005, the license fee will be reduced according to the
following certification levels: Level “C” certification: twenty percent (20%) reduction;
Level “B” certification: thirty three percent (33%) reduction; Level “A” certification:
fifty percent (50%) reduction. Certification in the aforementioned levels is voluntary and
shall be pursued by the licensee on forms provided by the City. Any owner or an agent
who fails to apply for license renewal in the case of an existing license, prior to the time
Page 4
or date set forth herein shall pay a fee double that required herein a penalty as established
by City Council resolution. The license fee shall include the initial inspection and one (1)
follow-up inspection. A fee, established by City Council resolution, shall be charged for
any reinspections or attempted reinspections required, whether due to the failure of the
reinspection, the Enforcement Officer’s inability to gain access to the multiple dwelling
at the time of attempted reinspection, or otherwise, and must be paid before a license will
be issued. a. The Ooperation of an unlicensed rental dwelling unit shall be subject to an
additional administrative fine, as established by City Council resolution.
Subd. 4. Conversion Fees: When a dwelling is converted to a rental dwelling or has been
unlicensed for more than a year, it must be inspected for compliance with the Housing
Maintenance Code. The fee for this conversion and inspection shall be established by City
Council resolution. This fee can be reduced if the owner engages the services of a
management company or presents proof of participation in an applicable education
program. The conversion fee is in addition to the annual license fee. Buildings that are
owned by a nonprofit entity or are newly constructed are exempt from the conversion fee.
Subd. 5 4. Issuance of License: The Community Development Department shall issue a rental
dwelling license if the building is found to be in compliance with the provisions of this
Chapter 1012, Chapter 1005 of this Code, and the applicable requirements of Minnesota
Statutes, 299F, as amended, provided however, that all real estate taxes and utility bills for
the premises which are due have been paid.
a. The license shall state that the rental dwelling has been inspected and complies with
the requirements of this Chapter and Title 1000, Chapter 1005, Housing Code.
Additionally, the license shall contain contact information for maintenance and
management requests and a statement that tenants of the rental dwelling may contact the
attorney general for information regarding the rights and obligations of the owners and
tenants under state law. The statement shall include the telephone number and address of
the attorney general.
b. The following minimum standards and conditions shall be met in order to hold a
rental dwelling license under this Chapter. Failure to comply with any of these standards
and conditions shall be adequate grounds for the denial, refusal to renew, revocation, or
suspension of a rental dwelling license.
(1) The licensee or applicant has paid the required license fees.
(2) Rental dwelling units shall not exceed the maximum number of dwelling units
permitted by the zoning code.
(3) An owner shall not have any violations of Minnesota Rule 1300.0120,
subpart 1, related to building permits, at any rental dwelling which it owns or has an
ownership interest.
(4) Failure to complete required corrections to maintain the property in compliance
with Chapter 1001 (Building Code), Chapter 1002 (Fire Code), and Chapter 1005
Page 5
(Housing Code) of the City Code and the applicable requirements of Minnesota
Statutes, Chapter 299F.
(5) All tenants must sign a lease agreement, except for state or county licensed
residential facilities, subject to all preemptory state and federal laws. The lease
agreement shall contain a Crime Free Housing Addendum with the following
language:
a. Resident, any members of the resident’s household, or a guest or other
person affiliated with the resident, shall not engage in criminal activity,
including drug related criminal activity, on or near the premises.
b. Resident, any members of a resident’s household, or a guest or other person
affiliated with resident, shall not engage in any act intended to facilitate
criminal activity, including drug related criminal activity, on or near the
premises.
c. Resident or member of the household will not permit the dwelling unit to be
used for or to facilitate criminal activity, including drug related criminal
activity, regardless of whether the individual engaging in the criminal activity
is a member of the household or guest.
d. Resident, any members of the resident’s household, or a guest or other
person affiliated with the resident, shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled
substance at any locations, whether on or near the premises or otherwise.
e. Violation of the above provisions shall be material and irreparable violation
of the lease and good cause for immediate termination of tenancy.
f. Non-exclusive remedies. The Crime Free Housing Addendum language is
in addition to all other terms of the lease and does not limit or replace any other
provisions.
g. Upon determination by the Police Department or the Community
Development Department that a licensed premises or a unit within a licensed
premises was used in violation of the Crime Free Housing Addendum, the
Police Department or Community Development Department shall notify the
owner and property manager of the violation. The owner or property manager
shall notify the tenant(s) within ten (10) days of the notice of violation of the
Crime Free Housing Addendum language and proceed with the termination of
tenancy of all tenants occupying the unit. The owner shall not enter into a new
lease with the evicted tenant for a period of one year after the eviction. If the
owner or property manager fails to comply with this section, the Community
Development Department may initiate action to deny, revoke, suspend, or not
renew the license as outlined in Section 1012.05, Subd. 1(e)
Page 6
Subd. 6 5. Posting: Every licensee shall make available the receipted copy of the license in the
following manner:
a. Buildings with four (4) or more dwelling units: The license shall be conspicuously
posted, in a frame with a glass covering in a public corridor, hallway or lobby of the
multiple dwelling for which it is issued.
b. Buildings with three (3) or less dwelling units shall provide a copy of the receipted
rental license to prospective tenants at the time of lease signing for the subject property.
Subd. 7 6. Annual Renewal of License: The term of the rental dwelling license is twelve (12)
months and expires on September 30th of each year.
Subd. 8 7. Transfer of Registration: A license is transferable to any person who has actually
acquired legal ownership of a licensed building for the unexpired portion of the term for
which it was issued or reissued. The licensee must give written notice to the Community
Development Department within five (5) business days after having legally transferred or
otherwise disposed of the legal control of any licensed rental dwelling. Such notice must
include the name and address of the person succeeding to the ownership or control of
such rental dwelling or dwellings. The fee for transfer of a multiple rental dwelling
license shall be established by City Council resolution.
Subd. 9 8. No license is transferrable during the pendency of a notice of violation issued
pursuant to Chapter 1005 of the City Code.
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1012, Section 1012.05, Subd. 1, of the Mounds View Municipal Code by adding the underlined
material and deleting the stricken material as follows:
1012.05: CONDUCT ON LICENSED PREMISES:
Subd. 1. Conduct on Licensed Premises: It shall be the responsibility of the licensee to see
that persons occupying the licensed premises conduct themselves in such a manner as not
to cause the premises to be disorderly.
a. For purposes of this Subdivision, a premises is disorderly when any of the
following activities occur:
(1) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13h of the
City Code (Crimes Against Public Safety and Health) or violation of laws relating
to possession of controlled substances as defined in Minnesota Statutes.
(2) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 14 of the City
Code (Public Misconduct or Nuisance) or violation of laws relating to disorderly
conduct as defined in Minnesota Statutes, Sections 609.72 and 609.74.
Page 7
(3) Violation of Title 500, Chapter 501, Section 501.02, Subdivision 1 and Section
501.02, Subdivision 2 of the City Code (General Liquor Provisions) or violation of
laws relating to possession, sale, or consumption of liquor or alcoholic beverages.
(4) Violation of laws relating to gambling.
(5) Violation of Mounds View Ordinances or Minnesota Statutes relating to
prostitution.
(6) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13b(2) of the
City Code (Dangerous Weapons) or violation of laws relating to unlawful use or
possession of a firearm.
(7) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly).
(8) Violation of Minnesota Statutes, Section 609.71 (Riot).
(9) Violation of Minnesota Statutes, Section 609.713 (Terroristic Threat).
(10) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful
Assembly).
(11) Violation of Mounds View Ordinance 607.08 (Loud or unnecessary noises).
(12) Violation of Minnesota Statutes, Section 609.50 (Interference with a police
officer).
(13) Violation of Minnesota Statutes, Sections 609.221-2224 relating to assault.
(14) Violation of Minnesota Statutes, Section 609.226 (Dangerous Dogs).
(15) Violation of Minnesota Statutes, Section 609.78 (Interference with a 911 Call).
(16) Violation of Minnesota Statutes, Section 243.166 (Predatory Offender
Registration.
(17) Violation of Minnesota Statutes, Section 609.26 Subd. 1(8) (Contributing to a
child being a runaway).
(18) Violation of Minnesota Statutes, Section 609.595 (Criminal damage to
property).
b. The Police Department and Community Development Department shall be
responsible for enforcement and administration of this Subdivision.
Page 8
c. Upon determination by the Police Department that a licensed premises was used in
a disorderly manner, as described in Section 1012.05, Subdivision 1a, the Police
Department shall cause notice to be made to the licensee of the violation and direct the
licensee to take steps to prevent further violations.
d. If a second instance of disorderly use of the licensed premises occurs within
three (3) twelve (12) months of an incident for which a notice in Subdivision 9c, was
given, the Police Department shall notify the licensee of the violation and shall also
require the licensee to submit a written report of the actions taken, and proposed to be
taken, by the licensee to prevent further disorderly use of the premises. This written
report shall be submitted to the Police Department within five (5) days of the receipt of
the notice of disorderly use of the premises and shall detail all actions taken by the
licensee in response to all notices of disorderly use of the premises within the preceding
three (3) twelve (12) months.
e. If a third instance of disorderly use of the licensed premises occurs within three (3)
twelve (12) months after any two (2) previous instances of disorderly use for which
notices were given to the licensee pursuant to Section 1012.05, Subdivision 1, the license
for the premises may be denied, revoked, suspended, or not renewed. Any action to
deny, revoke, suspend, or not renew a license shall be initiated by the Police Department
or Community Development Department who shall give to the licensee written notice of
a hearing before the City Council to consider such denial, revocation, suspension or non-
renewal. Such written notice shall specify all violations of this subdivision, and shall
state the date, time, place and purpose of the hearing. The hearing shall be held no less
than ten (10) days and no more than thirty (30) days after giving such notice. Following
the hearing, the City Council may deny, revoke, suspend or decline to renew the license
for all or any part or parts of the licensed premises or may grant a license upon such
terms and conditions as it deems necessary to accomplish the purposes of this
subdivision.
(1) For the purposes of this subdivision, second and third instances of disorderly
use shall be those which occur at the same rental unit, involve tenants at the same
rental unit, involve guests or invitees at the same rental unit, involve guests or
invitees of the same tenant, or involve the same tenant.
f. A determination that the licensed premises has been used in a disorderly manner as
described in Section 1012.05, Subdivision 1 shall be made upon substantial evidence to
support such a determination. It shall not be necessary that criminal charges be brought
in order to support a determination of disorderly use, nor shall the fact of dismissal or
acquittal of such a criminal charge operate as a bar to adverse license action under this
subdivision.
g. No adverse license action shall be imposed where the instance of disorderly use of
the premises occurred during the pendency of an eviction action or within thirty (30) days
of notice given by the licensee to a tenant to vacate the premises where the disorderly use
was related to conduct by that tenant or by occupants or guests of the tenants unit.
Page 9
(1) Exceptions: Eviction proceedings do not preclude license suspension or
revocation unless the eviction proceedings are being diligently pursued by the
licensee. Further, an action to deny, revoke, suspend or not renew a license based
upon violations of this subdivision may be postponed or discontinued by the City at
any time if it appears that the licensee has taken appropriate measures that will
prevent further instances of disorderly use.
h. All notices given by the City under this Subdivision shall be personally served on
the licensee, sent by certified mail to the licensee’s last known address or, if the last
known address is unknown or personal service is ineffective, by posting on a conspicuous
place on the licensed premises.
i. Enforcement actions provided in this Subdivision shall not be exclusive, and the
City Council may take any action with respect to a licensee, a tenant, or the licensed
premises as is authorized by the City Code, state or federal law.
SECTION 4. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1012, Section 1012.06, of the Mounds View Municipal Code by adding the underlined material
and deleting the stricken material as follows:
1012.06: INSPECTIONS: Subd. 1. Inspections: The Enforcement Officer shall
be authorized to make or cause to be made inspections to determine the condition of licensed
premises in order to safeguard the health, safety, morals and welfare of the public. The
Enforcement Officer, or authorized representatives, shall be authorized to enter any licensed
premises at any reasonable time for the purpose of performing the officer’s duties under this
Chapter. The owner, operator or the local agent of the licensed premises shall be present for
inspections and shall give the Enforcement Officer free access to such licensed premises at all
reasonable times for the purpose of such inspection, examination and survey. If the owner,
operator or person in charge thereof shall refuse to consent to the inspection, the license may be
suspended, revoked, denied or non-renewed pursuant to Section 1012.05, Subdivision 2 of this
Chapter. If the occupant refuses to consent to the inspection, a search warrant may be obtained
where there is probable cause to believe that a violation exists within the particular structure. No
warrant is needed for entry where an emergency condition exists which endangers persons or
property and insufficient time is available to obtain a warrant and protect such endangered
persons or property.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1012, Section 1012.08, of the Mounds View Municipal Code by adding the underlined material
and deleting the stricken material as follows:
1012.08: Crime Free Rental Housing Program Voluntary Certification: The City has established
a voluntary program providing property owners and managers an opportunity to learn, train, and
work hand in hand with law enforcement as well as the Community Development Department to
ensure that the City of Mounds View rental housing stock maintains a crime and drug free
Page 10
environment. Based on the desired level of certification requested by the property and the
completion of the requirements for each level, the license fee can be reduced as follows.
Subd. 1. Level “C” Certification (20% reduction in license fees):
a. Property owner or a designated representative shall attend three or more meetings of
the New Brighton/Mounds View Property Managers’ Coalition meetings per year.
b. Licensee or applicant shall have paid the required license fee in a timely manner, as
defined in the Mounds View City Code.
c. No buildings shall exceed the maximum number of dwelling units allowed in that
zoning district as set by the Mounds View Zoning Code.
d. The owner shall not allow weeds, vegetation, junk, debris, or rubbish to accumulate
repeatedly on the exterior of the premises so as to create a nuisance condition under
Chapter 607 of the City Code. Issuance of three or more Notices of Violation during
the previous licensing period regarding violations of Chapter 607 of the City Code is
to be used as a basis for determination of compliance with of this requirement.
e. The Crime-Free/Drug-Free Addendum shall be issued with every lease/tenant.
Subd. 2. Level “B” Certification shall include all of the requirements of Level “C” certification
plus following (33% reduction in license fees):
a. The property owner or designated representative shall attend four or more meetings of
the New Brighton/Mounds View Property Managers’ Coalition meetings per year.
b. Property shall not cause additional inspections other than one annual inspection and
one follow-up inspection.
c. The property owner or designated representative shall attend and complete a one-day
(8 hour) training course as prescribed by the International Crime Free Association;
Crime Free Multi Housing Program. The information contained in the seminar is a
compilation of experience and proven methods from professional rental property
managers, lawyers, and police officers. Evidence of completion of this course shall be
provided in the form of a certificate of completion. Certificate shall be dated within the
past five years.
d. Property owner shall complete criminal background investigations which cover the
seven-county metro area going back at least three years on all rental applicants who
will be occupying the premises. Rental applicants must apply in person and show
valid ID. Criminal background investigations shall be conducted by an agency that is
approved by the City.
Page 11
Subd. 3. Level “A” Certification shall include all of the requirements of “B” certification plus
the following (50% reduction in license fees):
a. Property owner shall complete criminal background investigations which cover the entire
state of Minnesota going back at least three years on all rental applicants who will be
occupying the premises. Rental applicants must apply in person and show valid ID. If
the tenant has resided in another state in the last three years, background check must
cover the last three years of residence in that state. Criminal background investigations
shall be conducted by an agency that is approved by the City.
b. The property owner or designated representative shall attend five or more meetings of the
New Brighton/Mounds View Property Managers’ Coalition meetings per year.
c. Crime Free Security Assessment: The property must be Certified as “Crime Free Multi
Housing” as defined by the International Crime Free Association; Crime Free Multi
Housing Program.
Subd. 4. Exclusion From Penalties: The Crime Free Rental Housing Program is Voluntary
therefore is excluded from the Penalties outlined in the following Section 1012.09.
SECTION 6. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1012, Section 1012.09, of the Mounds View Municipal Code by adding the underlined material
as follows:
1012.09: VIOLATION AND PENALTIES:
Subd. 1. Violation and Penalties: Any violation of any provision of this Chapter shall
constitute a misdemeanor. Each day the rental dwelling or premise is in violation of this Chapter
shall be deemed a separate offense. In addition to the punishment specified in this subdivision,
the City may enforce this Code by an appropriate form of civil action and may enjoin violation
of this Chapter and compel obedience thereto by mandatory orders and writs that cause the
premises to be vacated, if occupied in violation thereof, and to remain vacant until the court shall
find that the violation has ceased, and for these purposes, any court of competent jurisdiction
may render, enter, make and issue any and every appropriate judgment, decree, writ and order
and cause the same to be executed.
Page 12
SECTION 7. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On April 25, 2016, the City Council adopted Ordinance 915 that amends Chapter 1012 of
the Mounds View City Code relating to Rental Dwelling Licenses. The revisions add
clarification to the “exceptions” provisions, the license fees and the conversion fees; and
provides additional information on potential license fee reductions available through
voluntary participation in the City’s Crime Free Rental Housing Program. Additional
clauses have been added regarding disorderly conduct on licensed premises. Finally, the
time period for which disorderly conduct on licensed premises is reviewed has increased
from three months to one year.
A printed copy of the ordinance is available for inspection during regular business hours
at Mounds View City Hall and is available on line at the City’s web site located at
www.ci.mounds-view.mn.us.
SECTION 8. This ordinance shall take effect and be in force 30 days from and after its passage
and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on May 23, 2016.
Second Reading and Adoption by the Mounds View City Council on June 13, 2016.
Publication Date: June 24, 2016.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Administrator
(seal)
Item No: 07I
Meeting Date: May 23, 2016
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 918, an
Ordinance Renaming That Part of County Road 10 Located
within the City of Mounds View as “Mounds View Boulevard”
Introduction:
The City has been debating the issue of the County Road 10 / Highway 10 problem for
many years, presumably beginning not long after Ramsey County decided to maintain the
numerical designation for the old Highway 10 corridor after the new Highway 10 opened.
Perhaps the decision to not change the name or number was based initially on the fact that
since there would be no homes or businesses fronting the new Highway 10, keeping the
“10” designation would limit disruption to the businesses on the corridor (at least from a
mail delivery and addressing perspective.) Over the years, however, businesses have
complained about difficulties with clients finding their locations, missed appointments,
missed deliveries, GPS conflicts, etc. People intending to come to City Hall would often
call from Anoka or other points wondering where we were. While the confusion has
diminished to a small extent over time as familiarity has increased, conflicts remain
commonplace.
History:
The City has twice worked with the cities of Spring Lake Park and Blaine to resolve the
County Road 10 / Highway 10 conflict. In 2005, a task force was created to come up with a
name for the corridor. Four names were put forth from that process, however no action
was taken to move ahead with the name assignment. In 2012, the City Council initiated
another task force to revisit the issue. One name was agreed upon by the three cities and
community partners—Northtown Boulevard. A second alternate name was put forth—
Mounds View Boulevard—in the event the City were to go forth on its own.
After the three cities decided on the name, staff began working with the County and
MnDOT to determine the cost of signage replacement. For County signage within the
corridor, each city would be responsible for costs associated with swapping out the signs
within their municipal boundaries. Jim Tolaas from Ramsey County estimated the cost for
Mounds View would be about $12,000. As for the MnDOT signs, we were initially told they
would cost about $50,000 to update, however we were later informed that the cost would
actually be closer to $500,000 and that a complete sign inventory would need to be
completed by the cities to move the project forward. Given the high costs, the cities
decided to “table” further action on the initiative.
Ordinance 918 Discussion
May 23, 2016
Page 2
In 2014, Mayor Flaherty reached out to both the Spring Lake Park and Blaine Mayors to
ascertain whether their cities were still on board with the renaming project for County Road
10. Both cities expressed reluctance to participate given the high costs, with Spring Lake
Park responding in writing that they did not oppose the Northtown Boulevard name so long
as there was no implementation costs to their city. Mounds View was on its own to fund
the name change.
Discussion:
With the impending work to be done surrounding County Road H and 35W in addition to
the 35W Managed Lane Project, staff and the Council had revisited the signage and name
issue. If new signs need to be installed regardless due to construction, The City wondered
whether a new name could be incorporated at no additional expense to the City. MnDOT
was asked for lettering parameters, such as how many characters could be utilized on the
existing signs, without necessitating a wholesale sign and sign structure replacement.
Council member Meehlhause put together some information based on existing signage to
get a better understanding of how long a name could be.
On Monday, February 22, 2016, Mayor Flaherty, Council member Meehlhause and I met
with Ramsey County Commissioner Blake Huffman and County Engineer Jim Tolaas to
discuss County Road 10 and the role the County can play to help address signage issues
both on the corridor as well as on 35W. While some progress was made at the meeting, it
would take a second meeting on April 1, 2016, which included MnDOT staff, to receive
some positive news. With the proposed improvements to 35W close to being approved
and funded, MnDOT indicated that the City could likely count on new signs being erected
to include the new chosen name at no cost to the City. Other signage would be replaced
with the County Road H interchange reconstruction which is starting this June.
At the April 4, 2016 Work Session, the Council was updated as to the status of the name
change project and that a survey had been sent to all businesses on County Road 10.
(Survey responses were requested back to the City by April 15.) The responses were
reviewed with the City Council on April 25, 2016, and with just one exception, the
responses were unanimous in support of a change. Staff had also confirmed with the US
Post Office that if the name was changed to Mounds View Boulevard, mail would continue
to be delivered to the property regardless of whether the envelope indicated County 10,
Highway 10, County Highway 10 or Mounds View Boulevard. The direction from the
Council at that point was to move forward with the name change.
Recommendation:
Staff has prepared Ordinance 918, an ordinance which assigns a new name, “Mounds
View Boulevard”, to that section of CSAH 10 located within Mounds View, from County
Road H to Pleasant View Drive. Action requested for this meeting is to approve the first
reading and introduction of the ordinance. The public hearing, second reading and
adoption will be scheduled for June 13, 2016, Council meeting. Notices will be sent to
every property owner and occupant located on the corridor to let them know of the public
hearing and proposed name assignment.
Ordinance 918 Discussion
May 23, 2016
Page 3
Respectfully submitted,
________________________
James Ericson
City Administrator
Attachments
1. Ordinance 918
ORDINANCE NO. 918
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE ASSIGNING THE NAME “MOUNDS VIEW BOULEVARD” TO
THAT PART OF COUNTY ROAD 10 (CSAH 10) LOCATED WITHIN
THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Appendix C of the Mounds View Municipal Code entitled “Street Name Changes”
is hereby amended by adding the following:
MOUNDS VIEW BOULEVARD. A certain street located within the City of
Mounds View extending between County Road H and Pleasant View Drive currently
known as “County Road 10” (CSAH 10), shall hereinafter be known as “Mounds
View Boulevard” (refer to Exhibit A). Numerical addresses shall remain unchanged.
SECTION 2. The affected properties are those depicted on attached Exhibit “B”.
SECTION 3. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On June 13, 2016, the City Council adopted Ordinance 918 which assigns a new name,
“MOUNDS VIEW BOULEVARD”, to County Road 10 (CSAH 10) located within the City
of Mounds View, from County Road H to Pleasant View Drive.
A printed copy of the ordinance is available for inspection during regular business hours at
Mounds View City Hall and is available on line at the City’s web site located at
www.ci.mounds-view.mn.us.
SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
First Reading and Introduction: May 23, 2016
Second Reading, Public Hearing and Adoption: June 13, 2016
Publication date: June 24, 2016
_______________________________________
Joe Flaherty, Mayor
ATTEST
_______________________________________
James Ericson, City Administrator
(SEAL)
EXHIBIT A
LOCATION MAP Ordinance 918
Location of County Road 10 in Mounds View
to be renamed Mounds View Boulevard.
EXHIBIT B
AFFECTED PROPERTIES MAP Ordinance 918
Parcels abutting County Road 10 which will be
affected by the name change to Mounds View
Boulevard are shaded on the map.
Exhibit A
RESOLUTION 7223
STREETS AND UTILITIES COMMITTEE
Purpose and Charge of the Group
The overall charge of the group will be to ensure that the Street and Utility
Improvement Program it is implemented as adopted. The group will advise and
provide recommendations to the City Council on design and financing issues
encountered, as well as policy concerns in implementing the program. The group
will be an integral part of the communication component of the program. The
group will communicate to the public the goal and purpose of the program and
will collect and analyze public input. The group will periodically review the
program’s financial plan, including review of projections of the funds that finance
this program. And finally, the group will periodically report to the City Council on
progress and issues associated with implementing this program.
Type of Group
The City Council also discussed what type of group this would be: Advisory
Group, Commission, or Committee. Council has directed to make this group a
Committee, and it will hereafter be referred to as the Streets and Utilities
Committee.
Length of Existence
It is intended that the purpose of the Streets and Utilities Committee will be
fulfilled upon completion of the Street and Utility Improvement Program and
therefore can be disbanded. However, since the program also includes other
maintenance components of the streets and utilities, beyond the initial 9-year
reconstructing phase, future City Councils could review the relevance and
effectiveness of this committee and determine whether it should be extended
beyond the initial reconstructing phase.
Size and Structure of the Committee
It was determined that the Streets and Utilities Committee will be comprised of
seven citizen members. Either the Public Works Director or a Staff member
appointed by the Public Works Director will act as the Staff liaison to the
Committee. The Committee may choose to appoint a chairperson, vise-
chairperson, and secretary. The Staff liaison would be eligible for any
appointments.
Selections and Terms of Committee Members
Citizens of Mounds View who currently do not hold an elected City office are
eligible to serve on this committee. The City Council will select committee
members based on application submitted to the City. Members of the committee
will serve three (3) year staggered terms, with terms expiring December 31 of
each year. In order to establish appropriate staggering of terms for the
committee members, appointments to a term of less than three (3) years are
permissible. Both original and successive appointees shall hold their seat until
their successors are appointed and qualified.
Meeting Dates and Frequency
The Committee will meet on an as needed basis. Initially, meetings will be on the
third Monday of the month at 7:00pm; however this could be changed if so
elected by the Committee. It is possible and perhaps probable that for the first
year or so the meetings may be as frequent as once per month. A minimum of
four meetings will be held per year – generally quarterly. The Committee will
need to have a quorum to meet. A quorum is defined as a majority of the
appointed members. There will be several Neighborhood Meetings associated
with each project of the program. These Neighborhood Meetings may be
integrated with the Committee meetings. Meetings will be recorded and televised
as required by Resolution 5396.
Item No: 7J
Meeting Date: May 23, 2016
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report To: Honorable Mayor and City Council
From: Brian L. Erickson, Public Works Director/City Engineer
Item Title/Subject: Resolution 8581, Dissolving Streets and Utilities Committee
Background:
In March 2007, the City Council discussed establishing a Citizens Task Force to help with
planning for future street reconstruction. The Task Force’s charge was to:
• Develop a financial plan for the entire reconstruction program
• Develop a street standard or standards that will best meet the need of the City in
partnership with its residents
• Develop a prioritization and implementation plan
• Develop a communication plan
Then in October 2007 the City Council approved Resolution 7176 which adopted the final report
for the Street and Utility Improvement Program (Program) as established by the Task Force.
The City Council then discussed the formation of a citizen group to oversee the implementation
of the Program as recommended by former members of the Streets and Utilities Task Force.
During that work session discussion, the Council laid out the purpose and charge of that group
and established the structure of the group. Ultimately, the establishment of the Street and
Utilities Committee (Committee) was approved via Resolution 7223 on February 11, 2008. The
details of the Committee were laid out in Exhibit A of Resolution 7223 (attached).
Discussion:
Since the establishment of the Committee, the City of Mounds View has designed and either
completed or started construction on all nine street projects initially planned as part of the
Program. These projects have benefitted from clear public processes established by the
Committee. These processes include:
• Establishing standard and non-standard streets
• Establishing basis for appealing stormwater infiltration basins
• Hearing appeals for stormwater infiltration basis/rain gardens
• Communicating with the public on upcoming projects
• Reviewing funding for street reconstruction projects
Moving forward staff will continue to use the processes put in place with the Committee and
work with the public for future reconstruction projects. Neighborhood meetings will continue to
be a critical method of communicating with the public prior to construction start. Additionally,
with a bulk of the streets completed, staff will be better able to address maintenance and
construction needs going into the future. The baseline of street condition allows for easier
budgeting, and reduced critical maintenance needs. Finally, the addition of sanitary sewer slip
lining provides an additional method for keeping infrastructure serviceable into the future.
Recommendation:
The Streets and Utilities Committee at their May 16, 2016 recommended that the Committee be
dissolved. This recommendation is supported by Staff as the processes set in motion by the
Committee can and will be continued in like manner moving forward.
Respectfully submitted,
Brian L. Erickson, P.E. – Public Works Director/City Engineer
RESOLUTION 8581
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
DISSOLUTION STREET AND UTILITY COMMITTEE
WHEREAS, the Streets and Utilities Committee was established by Resolution 7223
approved on February 11, 2008; and,
WHEREAS, the Streets and Utilities Committee’s purpose was to ensure that the Street
and Utility Improvement Program was implemented as adopted by City Council via Resolution
7176 approved on October 22, 2007; and,
WHEREAS, the Length of Existence of the Streets and Utilities Committee as
established by Resolution 7223 is intended to be fulfilled upon completion of the Street and
Utilities Improvement Program at which point it can be dissolved; and,
WHEREAS, the Streets and Utilities Committee passed a motion at their May 16, 2016
recommending the Committee be dissolved; and,
WHEREAS, Area I the ninth and final project in the Street and Utility Improvement
Program is currently under construction; and,
WHEREAS, the Streets and Utilities Committee has established several public input
processes that will continue to be used by staff moving future projects forward.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View,
Ramsey County, Minnesota as follows:
1. The Streets and Utilities Committee is hereby dissolved.
2. The City Engineer shall continue to use the processes as established by the Streets
and Utilities Committee on future projects as appropriate.
Adopted this 23rd day of May 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 7K
Meeting Date: May 23, 2016
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Don Peterson, Public Works Supervisor
Item Title/Subject: Resolution 8583, Approving the Uniform State Wide Contract for
Cogeneration and Small Power Production Facilities as part of the
Energy Savings Partnership (ESP) program for the Community
Center and City Hall
Background:
As part of the ESP (Energy Savings Partnership) program the City installed solar panels at the
Community Center and City Hall. The City of Mounds View is required to enter into a Contract with
Northern States Power Company a subsidiary of Xcel Energy Inc. for the connection of the two solar
power systems. This contract allows the connection of the two solar panel arrays to Xcel’s power
system, and for the potential sale of electricity produced and put back into the power grid operated
by Xcel Energy. The contract covers the rate of power paid to the City for this excess power during
peak and non-peak demand times. The contract was approved by the Minnesota Public Utilities
Commission, and is a standard contract approved when installing solar power.
Discussion:
The ESP program was approved by the City Council at the January 26, 2015 Council meeting. Noble
Energy Solutions, the sub-contractor for Trane Building Services, has installed the solar panel arrays
and has been working to finish up the last steps in completing this portion of the program. The solar
panel systems are in place and ready to start producing power for both buildings. Required to
continue with the project are the signed contracts/agreements for both City Hall and the Community
Center. After the contracts are signed new power meters will be installed and the solar arrays will
start producing power. While one of the contracts is a hard copy form, the other is an electronic form
and will require an electronic signature. The electronic copy is for the Made in Minnesota grant that
the City received for the solar project at City Hall. All the documents were sent to the City Attorney to
review and no comments back have been received.
Recommendation:
Staff recommends approving the contracts between the City of Mounds and Northern States Power
Company, a Minnesota corporation and wholly owned by subsidiary Xcel Energy, for the
cogeneration and small power production facilities. These contracts allow putting the two solar panel
arrays at City Hall and the Community Center into the power grid operated and owned by Xcel
Energy. The contracts also define the energy pay rate for excess power produced by the solar panel
arrays during both peak and non-peak times. Staff also recommends the City Council to approve
staff to sign the electronic version of this contract for City Hall.
Respectfully submitted,
Don Peterson
Public Works Supervisor
RESOLUTION 8583
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE UNIFORM STATE WIDE CONTRACT FOR
COGENERATION AND SMALL POWER PRODUCTION FACILITIES AS PART OF
(ESP) FOR THE COMMUNITY CENTER AND CITY HALL
WHEREAS, the ESP program was approved by the City Council at the January 26, 2015
Council meeting and as part of the ESP (Energy Savings Partnership) program installed solar
panels at the Community Center and City Hall; and,
WHEREAS, the City of Mounds View is required to enter a Contract with Northern
States Power Company, a subsidiary of Xcel Energy Inc., for cogeneration and small power
production facilities; and,
WHEREAS, this contract covers the dollar rate of power paid to the City for excess
power put back into Xcel’s power grid during peak and non-peak demand times: and,
WHEREAS, and allows the connection to Xcel’s power system with the solar arrays at
the City Hall and the Community Center; and,
WHEREAS, this contract is approved by the Minnesota Public Utilities Commission, and
is a standard contract approved when installing solar power.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Mounds View approves entering into a contract with Northern States Power, a Minnesota
corporation and wholly owned subsidiary of Xcel energy Inc. for Cogeneration and Small Power
Production for the two solar panel arrays installed at the Community Center and at City Hall as
part of the Energy Savings Partnership, with Trane Building Services.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor and City
Administrator are hereby authorized and directed to execute all appropriate documents to
effectuate the actions contemplated by this Resolution after review by the City attorney.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mayor and City
Administrator, Staff and consultants are hereby authorized and directed to take any and all
additional steps and actions necessary or convenient in order to accomplish the intent of this
Resolution.
Adopted this 23rd day of May, 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Item No: _7E_
Meeting Date: _May 23, 2016
Type of Business: _Council Business
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jon Sevald, Planner
Item Title/Subject: Public Hearing to Consider Resolution 8582, a Resolution
approving a Conditional Use Permit for a Dynamic Display
Sign for Messiah Lutheran Church Located at 2848 Co Rd
H2.
Introduction:
Messiah Lutheran Church proposes to replace their existing 8’ X 4’ ground sign at the
corner of Co Rd H2 and Knollwood Dr. with an 8’ X 5’ multi-colored Dynamic Display
sign at the same location. The sign will face East and West bound traffic on Co Rd H2.
Dynamic Display signs are a permitted use in the B-2, B-3, B-4, and Commercial PUD
districts.1 Such signs for schools, churches, places of worship or other institutional
uses require a Conditional Use Permit (CUP) in other districts.2
Discussion:
A Dynamic Display sign features an animated message area using an internal lighting
source (e.g. LED, LCD, CRT, Plasma). Within Mounds View, Dynamic Display signs
(excluding billboards) may be found at:
CVS Holiday Station City Hall McDonald’s The Mermaid
Walgreens Super America Cenex Abby Carpet Sysco
A Dynamic Display may be incorporated into a ground, pylon, or wall sign, or billboard.
Dynamic Display signs are regulated extensively under Section 1008.10, Subd 9 of the
City Code, and are included as an attachment. The following are applicable restrictions
for a ground sign with a dynamic display in the R-1 district for a school, church, place of
worship or other institutional use:
Maximum sign size: 100 sq ft3
Proposed sign size: 8’ X 5’–2” 41.3 sq ft
1 City Code, Section 1008.10, Subd 9(c)(1).
2 City Code, Section 1008.10, Subd 9(c)(2).
3 City Code, Section 1008.11, Subd 1(b)
• No ground sign shall exceed 40 sq ft if within 100’ of any single-family residence
(nearest single-family residence is about 174’ away, and nearest two-family
residence is about 124’ away).
• The dynamic display portion of the sign shall not exceed 50 sq ft (20.67 sq ft is
proposed).
• The sign message shall not change more frequently than 4 second increments.
• The sign message shall not flash, blink, or move, and shall not include any video
images, nor shall the sign create a traffic hazard.
• The sign brightness is limited to 7,500 Nits during daytime hours; and 500 Nits
during nighttime hours.
• The sign shall have an ambient light monitor, automatically adjusting brightness
based on light conditions. If malfunctioning, the sign must include an automatic
shut-off, or will freeze the sign image.
A condition of CUP approval is that the applicant obtains a Sign Permit, complying with
all applicable City Code regulations.
Additionally, the existing sign encroaches upon the 30’ sight-triangle from an
intersecting street, and is setback less than 15’ from the west property line (14’). To
replace the existing sign with a new sign requires a Variance to the minimum setback.
Further, dynamic signs in non-business districts are limited to the color “amber” in order
to reduce creating a visual nuisance upon residences. The applicant has applied for
both Variances.
Planning Commission Recommendation:
The Planning Commission considered the Conditional Use Permit at their May 18, 2016
meeting, recommending approval of the CUP. The Commission also conducted Public
Hearings for both Variances, approving the Variance to setbacks (Res. No. 1049-16),
and Tabling the Variance allowing the use of non-amber colors on the Dynamic Display
until the June 1, 2016 Commission meeting. The Commission also directed Staff to
prepare an Amendment to City Code, Section 1008.10, Subd 9(c)(2)(b), removing the
requirement that Dynamic Display Signs in residentially zoned districts utilize only
amber colored lights. It was the Commission’s opinion that if Dynamic Display Signs
are permitted in residentially zoned areas, the color of the message isn’t a factor.
The potential Ordinance amendment regarding sign color will have no bearing on the
proposed Conditional Use Permit. The amendment would only affect the need for a
Variance to use non-amber colors on the Dynamic Display portion of the sign.
A Public Hearing Notice was published in the Mounds View - New Brighton Sun Focus
on May 13, 2016, and mailed to property owners within 350’ of the subject property.
Staff received one phone call from a neighbor on Knollwood Dr. enquiring about the
sign, who had no objections.
Summary:
Messiah Lutheran Church proposes to replace their existing ground sign at the corner
of Co Rd H2 and Knollwood Dr. with a new ground sign featuring a Dynamic Display,
and requiring a CUP for a Dynamic Display Sign in a non-business district.
Recommendation:
Staff recommends approval of Resolution 8582, a Resolution approving a Conditional
Use Permit for a Dynamic Display Sign at 2848 Co Rd H2, Planning Case MU2016-001
(CU2016-002).
The City Council is requested to conduct the Public Hearing, and consider the following
options:
1. Resolution 8582, approving the Conditional Use Permit as attached, if the
Council chooses this action.
2. The City Council may choose to deny the Conditional Use Permit. If the Council
chooses this option, Staff would need to be directed to draft a resolution of
denial with findings of fact appropriate to support the denial.
3. Table the request. If additional information is needed before a decision can be
rendered or if more discussion is needed, the Council can simply move to table
the request until such information has been provided. Because of the 60-day
requirements (Deadline: June 15, 2016), the Council would need to act upon the
request as soon as reasonably possible to avoid an inadvertent approval.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments:
Application and submitted material
Section 1008.10, Subd 9 (Dynamic Display Signs)
Zoning Map
Location Map
Site Photos
Resolution 8582
Zoning Map
Proposed Ground
Sign with a
Dynamic Display
Figure 1: Sight location
Figure 2: 30' sight triangle setback drawn in blue. About half of the existing sign and proposed replacement
sign would encroach upon the sight triangle.
Figure 3: photo taken from the NW corner of Co Rd H2 & Knollwood Dr., looking SE. (Photo taken April 19,
2016)
Figure 4: photo taken from Knollwood Dr., looking East toward Co Rd H2. The blue car is stopped at a stop
sign. (Photo taken May 12, 2016)
Figure 5: photo taken from Co Rd H2, looking West. (Photo taken April 19, 2016)
RESOLUTION NO. 8582
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DYNAMIC
DISPLAY SIGN FOR MESSIAH LUTHERAN CHURCH,
LOCATE AT 2848 COUNTY ROAD H2.
WHEREAS, Messiah Lutheran Church, represented by Kurt Klaus, has applied for a
Conditional Use Permit for a Dynamic Display sign at Messiah Lutheran Church, located at
2848 Co Rd H2; and,
WHEREAS, the subject property is zoned R-1, Single-Family Residential, and has a
Comprehensive Plan future Land Use Map designation of Church; and,
WHEREAS, the Mounds View City Code allows Dynamic Display signs to be located
on the sites of schools, churches, places of worship or other institutional land uses, not
zoned B-2, B-3, B-4, or Commercial PUD, subject to a Conditional Use Permit; and,
WHEREAS, the Mounds View Staff and the Planning Commission have reviewed
the zoning requirements associated with the Dynamic Display sign in the R-1 district,
finding that all conditions are satisfied, and recommend approval of this request; and,
WHEREAS, a Public Hearing Notice was published in the Mounds View – New
Brighton Sun Focus on May 13, 2016, and mailed to property owners within 350’ of the
subject property, and the City Council conducted a Public Hearing for this request on May
23, 2016.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council makes
the following findings of fact about the Conditional Use Permit request:
1. The use will not create an excessive burden on existing parks, schools, streets
and other public facilities and utilities which serve or are proposed to serve the
area.
2. The structure and site shall have an appearance that will not have an adverse
effect upon adjacent residential properties.
3. The use, in the opinion of the City Council, is reasonably related to the overall
needs of the City and to the existing land use.
4. The use is consistent with the purposes of the Zoning Code and the purposes of
the zoning district in which the applicant intends to locate the proposed use.
5. The use is not in conflict with the Comprehensive Plan of the City.
6. The use will not cause traffic hazards or congestion.
7. Adequate utilities, access roads, drainage and necessary facilities have been or
will be provided.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City
Council approves a Conditional Use Permit for a Dynamic Display sign at the Messiah
Lutheran Church, located at 2848 County Road H2, with conditions as follows:
1. The applicant shall obtain a sign permit for a Ground Sign with a Dynamic Display,
and comply with all requirements as stipulated in the City Code, Section 1008.09
(General Location, Design and Construction Standards); and Section 1008.10,
Subd 9 (Dynamic Display Signs). Such requirements include, but are not limited to
the following:
A. The maximum height shall be 8’.
B. The maximum sign area shall be consistent with the plans submitted by the
applicant, dated April 15, 2016, and May 4, 2016 (about 41.3 sq ft), unless
located within 100’ of a single-family residence, in which case the maximum sign
area shall be 40 sq ft.
C. The Dynamic Display message shall not flash, blink, or move and shall not
include any video images or content.
D. The Dynamic Display message shall not change more frequently than four
second increments.
E. The Dynamic Display sign shall have an ambient light monitor and shall
automatically adjust the brightness level of the sign based on light conditions.
F. The Dynamic Display sign shall have a monitoring system, able to automatically
freeze the message or turn the message off, if malfunctioning.
G. The Dynamic Display sign shall not exceed 7,500 Nits during daytime hours, and
500 Nits during nighttime hours, and shall not interfere with the effectiveness of
an official traffic sign, device, or signal; and shall not impair the vision of a motor
vehicle driver with average eyesight.
H. The Dynamic Display sign shall not cause glare, disturbance or other problems
to any residential properties or land uses.
2. The location of the Dynamic Display sign may encroach into the 30’ sight triangle,
and be setback 14’ from the Knollowood Dr. right-of-way, consistent with an
approved Variance (Res. No. 1049-16).
3. The color of the Dynamic Display sign shall comply with the City Code, unless a
Variance is approved for use of non-amber colors.
4. The City may review the Conditional Use Permit at any time if problems arise that
would necessitate revision or termination of the permit.
5. The Conditional Use Permit will become null and void if the property owner fails to
meet the provisions of the permit, or if the structure is removed for more than a one-
year period.
Adopted this 23rd day of May 2016.
_______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
James Ericson, City Administrator
(seal)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 11, 2016 6
Mounds View City Hall 7
2401 County Road 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, April 11, 2016, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, April 11, 2016, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
PJ Punjani, explained his father, Zulfiquani Punjani, owns the property at 2808 County Road I. 30
He indicated this property has been vacant for the past eight months which was causing his father 31
great financial hardships. He explained why his father was behind on his property taxes and 32
reported the bank was only willing to approve a loan if the property had a tenant. However, the 33
tenant would not sign a lease unless the liquor license was approved. He discussed the 34
vandalism that occurred on the property and believed this would continue if the property were to 35
remain vacant. He encouraged the Council to reconsider the liquor license noting the property 36
taxes would be paid in full if the license were approved. 37
38
Mayor Flaherty reported the City’s rules and regulations require that all property taxes be paid in 39
full prior to receiving a liquor license. He asked if Zulfiquani Punjani was applying for the liquor 40
license. PJ Punjani explained his father was assisting the tenant in applying for the liquor 41
license. He noted the tenant was being hindered due to the fact the property taxes were still 42
outstanding. He explained the bank was willing to provide the funds to pay off the property taxes 43
within 14 days once a tenant signed a letter of intent. 44
45
Mounds View City Council April 11, 2016
Regular Meeting Page 2
Mayor Flaherty encouraged the tenant to contact the City regarding the liquor license. City 1
Administrator Ericson explained that in order for the City Council to consider approving a liquor 2
license, all outstanding fees had to be paid in full, which included utilities and property taxes. 3
Until this happens, the City was not in the position to grant a license. 4
5
Mayor Flaherty questioned how the Council wanted to proceed with this matter given this was an 6
unusual situation. 7
8
City Administrator Ericson explained he spoke with Zulfiquani Punjani last week regarding the 9
Council’s denial of the liquor license request. He indicated the applicant would have to start the 10
process over again. He reported the City was willing to waive the investigation fee and notices 11
would have to be sent regarding the new liquor license request. He stated the City would not 12
consider the application until the property taxes had been paid. 13
14
Mayor Flaherty believed this was a legal matter that needed to be reviewed by the City Attorney. 15
City Administrator Ericson indicated he would reach out to the City Attorney. 16
17
Council Member Meehlhause commented that he could not support a liquor license for this 18
property until the property taxes were paid in full, as this has been the requirement of all other 19
liquor license holders. 20
21
Council Member Hull supported this matter being reviewed by the City Attorney. 22
23
Council Member Mueller wanted to ensure the Council was following City Code. For this 24
reason, she believed the Council would not be able to move forward with a liquor license given 25
the fact the property taxes were delinquent. 26
27
Council Member Gunn agreed and apologized for the difficult position this put the landlord in. 28
She discussed the timeline necessary to approve a liquor license noting it would take longer than 29
14 days. 30
31
Council Member Hull asked if the landlord had any other tenants interested in leasing the 32
property. PJ commented his father had no one else interested in leasing the space. 33
34
Mayor Flaherty encouraged Zulfiquani Punjani and the applicant investigate their options further. 35
He stated unfortunately, the Council had to follow City Code on this matter. 36
37
6. SPECIAL ORDER OF BUSINESS 38
A. Introduction of Charlie Smith, Newly Appointed Fire Chief for the SBM Fire 39
Department. 40
41
Harley Wells discussed the hiring process that was followed by the Fire Board to select a new 42
Fire Chief. It was noted interviews were held on January 30th. He provided comment on the 43
individuals that served on the interview panels. After detailed assessment of the interviews, it 44
Mounds View City Council April 11, 2016
Regular Meeting Page 3
was determined Charlie Smith should be offered the position of Fire Chief effective April 1st. He 1
noted there would be a 30-day overlap for both the outgoing and newly hired chief. 2
3
Tim Hill, Fire Board President, introduced Fire Chief Charlie Smith to the City Council. A 4
round of applause was offered by all in attendance. 5
6
Fire Chief Smith stated it was an honor and a privilege to be serving as the Chief for the joint 7
Spring Lake Park, Blaine and Mounds View Fire Department. He explained this was a high 8
performing organization with great leadership. He understood he had a lot to learn in the coming 9
months and he looked forward to serving the residents of Mounds View. 10
11
Mayor Flaherty questioned what attracted Fire Chief Smith to this position. Fire Chief Smith 12
discussed his work history noting he used to work for the Duluth Fire Department. He believed 13
that SBM was a progressive department that had a positive reputation in the region. He also 14
supported the department’s proactive fire prevention model. 15
16
Council Member Mueller asked where Fire Chief Smith would be residing. Fire Chief Smith 17
commented he was renting an apartment in Lakeville and would continue his search for a home 18
over the coming months. 19
20
Council Member Mueller explained the League of Minnesota Cities used SBM as a strategic 21
partner for gauging and promoting safety through the insurance trust. She asked if Fire Chief 22
Smith would be meeting with representatives from the League of Minnesota Cities. Fire Chief 23
Smith indicated he would make time for this but stated the next month of his time would be 24
dedicated to the SBM department and getting to know his personnel. 25
26
Council Member Mueller encouraged Fire Chief Smith to attend the upcoming League of 27
Minnesota Cities Conference in St. Paul in June. Fire Chief Smith reported he would put this on 28
his calendar. 29
30
Council Member Mueller also invited Fire Chief Smith to attend the Mounds View Festival in 31
the Park on Saturday, August 20th, noting the SBM has always had a large presence in the parade. 32
33
Council Member Meehlhause welcomed Fire Chief Smith to the community and wished him the 34
best. 35
36
Mayor Flaherty looked forward to working with Fire Chief Smith and encouraged him to gain as 37
much knowledge as possible from outgoing Fire Chief Zikmund. 38
39
7. COUNCIL BUSINESS 40
41
Mayor Flaherty requested Item H be discussed prior to Item A. 42
43
H. Resolution 8550, a Resolution to Consider a Restaurant License for Arepa 44
Bite Latin Food located at 2213 County Road 10. 45
Mounds View City Council April 11, 2016
Regular Meeting Page 4
1
Assistant City Administrator Crane requested the Council consider a restaurant license for Arepa 2
Bite Latin Food. She indicated this restaurant would be located at 2213 County Road 10, which 3
was the former KFC site. It was noted the applicant had submitted all necessary paperwork and 4
received a satisfactory Department of Health inspection. The only outstanding item was a fire 5
inspection. Staff recommended approval of the restaurant license. 6
7
Erwin Chacon, Arepa Bite Latin Food representative, introduced himself to the Council stating 8
his restaurant would bring the flavors of Venezuela to Mounds View residents. He explained he 9
had another restaurant already in operation in Eden Prairie. He then described the food items that 10
would be on his restaurant menu. 11
12
Council Member Mueller encouraged Arepa Bite to participate in the Festival in the Park, which 13
would be held on Saturday, August 20th. 14
15
Mayor Flaherty questioned how many employees would be working at the restaurant. Mr. 16
Chacon indicated he would have six full time and two part time employees. 17
18
Mayor Flaherty asked when the restaurant would be open for business. Mr. Chacon reported his 19
restaurant would be open in two weeks. 20
21
Council Member Meehlhause requested further information regarding the hours of operation. 22
Mr. Chacon noted the Arepa Bite would be open from 7:00 a.m. to 8:00 p.m. Monday through 23
Saturday and Sunday hours were still being considered. 24
25
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8550, 26
a Resolution to Consider a Restaurant License for Arepa Bite Latin Food located at 2213 County 27
Road 10, contingent on a satisfactory fire inspection. 28
29
Mayor Flaherty looked forward to visiting this new restaurant in the City. 30
31
Council Member Mueller welcomed the owners of Arepa Bite to the Mounds View community. 32
33
Council Member Gunn encouraged Arepa to consider hiring local high school students for their 34
part time positions. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
B. Resolution 8540, Approve County Road I Concrete Rehabilitation Project 39
Cost Share Agreement with Ramsey County. 40
41
Public Works Director Erickson reviewed the County Road I cost share agreement in detail with 42
the Council. He noted this matter was previously discussed by the Council at their March 28th 43
meeting. At that meeting, staff was directed to review the costs with Ramsey County given the 44
fact the bids came in higher than anticipated. He reported the engineering design fee was 45
Mounds View City Council April 11, 2016
Regular Meeting Page 5
reduced to 8%, which brought the cost for the project down to $201,340.99. He described the 1
improvements that would be made along County Road I and recommended the Council approve 2
the cost share agreement with Ramsey County. 3
4
Mayor Flaherty requested further information on the engineering fees. Kathy Jaschke, Ramsey 5
County Project Manager, explained typically the County charges 12% for engineering and 12% 6
for design fees. She stated that on most projects the County spent close to 30% for these items. 7
However, signal design was much less detailed and therefore the fees could be reduced to 8%. 8
9
Mayor Flaherty questioned why it has taken 30 years to get this temporary signage replaced. Ms. 10
Jaschke reported this item has been a low priority for both the City and the County. She 11
indicated that once the concrete was slated for replacement the County believed that now was the 12
time to make the temporary signal permanent. 13
14
Mayor Flaherty asked when the project would be completed. Ms. Jaschke noted the project was 15
scheduled to be completed during the summer of 2016. She reported she would have more 16
details on the construction timeline after a preconstruction conference was held with the 17
contractor. 18
19
Mayor Flaherty discussed the work that was being conducted by the City, County and Met 20
Council in and around County Road I this summer. 21
22
Council Member Mueller asked if the signal posts would be yellow and green. Ms. Jaschke 23
reported the posts would be galvanized to avoid rust. 24
25
Mayor Flaherty explained the City had a number of light signals that were in need of repainting 26
due to lead based paint. He commented on the high price to do this work and requested the 27
County provide assistance with this work. Ms. Jaschke would bring this concern back to the 28
County. 29
30
Council Member Mueller questioned how the parade route would be impacted given the high 31
level of road construction around County Road I. Public Works Director Erickson indicated the 32
parade route could remain as is due to the fact the road construction would occur north of County 33
Road I. 34
35
Council Member Meehlhause asked if County Road I would be shut down at any time during 36
construction. Ms. Jaschke stated this roadway would not be closed. 37
38
Mayor Flaherty recalled the Council had budgeted $125,000 for this project. He questioned 39
where the additional funds would come from to cover the additional expense of this project. 40
Finance Director Beer indicated the County Road H bridge came in under budget by $60,000, 41
which would be used to cover this overage. 42
43
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8540, 44
Approve County Road I Concrete Rehabilitation Project Cost Share Agreement with Ramsey 45
Mounds View City Council April 11, 2016
Regular Meeting Page 6
County. 1
2
Council Member Mueller thanked Ms. Jaschke for recalculating the design numbers. She was 3
pleased that the engineering design fees could be reduced to 8%. 4
5
Council Member Meehlhause thanked Ms. Jaschke for attending the meeting and addressing the 6
Council’s questions regarding the County Road I Concrete Rehabilitation Project. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
A. First Reading and Introduction of Ordinance 914, an Ordinance Amending 11
Chapter 1303 of the Mounds View Code Relating to Construction Site and 12
Land Disturbance Runoff Control. 13
14
Public Works Director Erickson stated Council recently discussed this matter at a worksession 15
meeting. He recommended the Council amend its Ordinance relating to construction site and 16
land disturbance runoff control in order to be aligned with MPCA requirements. 17
18
MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance 914, 19
an Ordinance Amending Chapter 1303 of the Mounds View Code Relating to Construction Site 20
and Land Disturbance Runoff Control. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
C. Resolution 8545, Approve MnDOT Maintenance Agreement for Minor 25
Maintenance. 26
27
Public Works Director Erickson requested the Council approve an agreement with MnDOT for 28
minor maintenance, which was needed on the sound wall along I-35W. He explained the process 29
that had been followed to reconstruct the County Road H bridge and indicated a sound study had 30
been completed. He provided further comment on the work that would be completed on the 31
noise wall. 32
33
Council Member Mueller encouraged MnDOT to investigate the noise and air quality around the 34
County Road J exit on I-35W. Public Works Director Erickson understood that MnDOT would 35
be investigating the noise one exit before and after the County Road H bridge for noise concerns. 36
City Administrator Ericson reported the MnDOT Managed Lane Project for I-35W would be 37
addressing noise issues along this corridor. 38
39
Council Member Meehlhause recommended staff follow up with the County on the indemnity 40
clause. Public Works Director Erickson stated he would be speaking with the County on this 41
matter. 42
43
Mayor Flaherty questioned why the contract had no expiration date. City Administrator Ericson 44
commented the intent was to show the noise wall would not be going away. 45
Mounds View City Council April 11, 2016
Regular Meeting Page 7
1
Council Member Mueller asked if the agreement should be tabled until the indemnity issue was 2
resolved. Public Works Director Erickson supported this recommendation. 3
4
MOTION/SECOND: Mueller/Meehlhause. To Table Action on Adopt Resolution 8545 to the 5
April 25, 2016 City Council meeting to allow staff to resolve the indemnity issues with the 6
County. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
D. Resolution 8546, Approving Bidding Documents and Authorizing 11
Advertisement for Bids for 2016 Sanitary Sewer Rehabilitation Project. 12
13
Public Works Director Erickson reviewed the bidding documents for the 2016 Sanitary Sewer 14
Rehabilitation Project. He noted the plans and specs have been completed and recommended the 15
Council approve the documents and authorize for the advertisement for bids. 16
17
Council Member Mueller asked if any slip lining would be completed in Area I in 2016. Public 18
Works Director Erickson stated this was the case and noted the expense of this slip lining was 19
included in the Area I Street Improvement Project. 20
21
Mayor Flaherty questioned how long this project would take. Public Works Director Erickson 22
anticipated the project would take approximately three weeks to complete. 23
24
MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 8546, 25
Approving Bidding Documents and Authorizing Advertisement for Bids for 2016 Sanitary Sewer 26
Rehabilitation Project. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
E. Resolution 8547, Approve MnDOT Master Partnership Contract. 31
32
Public Works Director Erickson requested the Council approve a Master Partnership Contract 33
with MnDOT. He explained the contract clarifies the way MnDOT works with municipalities for 34
laboratory and other technical services. It was noted the contract would have an end date of June, 35
2017. Staff recommended approval of the contract. 36
37
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8547, 38
Approve MnDOT Master Partnership Contract. 39
40
Council Member Mueller asked if the City Attorney had reviewed this contract. City 41
Administrator Ericson reported the City Attorney had reviewed this document. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council April 11, 2016
Regular Meeting Page 8
F. Resolution 8551, Approving a One-Year Moratorium on the Issuance of Any 1
New Off-Sale Intoxicating Liquor Licenses in the City of Mounds View. 2
3
City Administrator Ericson explained this item was before the Council per the Council’s request. 4
He indicated there was some concern regarding the City’s process for approval of liquor licenses 5
and the Council wanted to further consider this process. He reported the proposed moratorium 6
would allow for any further liquor licenses to be put on hold until the Council could review the 7
licensing and zoning requirements. It was noted the City currently had four off-sale liquor 8
licenses. He indicated all current license holders would not be impacted by the proposed 9
moratorium. Staff recommended the Council approve the one-year moratorium of any new off-10
sale intoxicating liquor licenses in the City of Mounds View. 11
12
Council Member Mueller reported the proposed moratorium only impacted new off-sale liquor 13
licenses. 14
15
Mayor Flaherty anticipated the City would be receiving a liquor license request in the near future 16
given the discussion held earlier this evening. He hoped the Council would consider this request 17
even if the moratorium was in place. 18
19
Council Member Mueller reviewed the purpose of the study that would be completed regarding 20
off-sale intoxicating liquor licenses in the City of Mounds View. She did not anticipate the study 21
would take a full year, but perhaps six or nine months may be appropriate. She believed the 22
study would provide the Council with valuable information that should be considered prior to the 23
Council approving any further off-sale intoxicating liquor licenses. 24
25
Mayor Flaherty explained this issue only came to light after an off-sale liquor license request was 26
made. For this reason, he wanted the Council to consider this request. He believed it would be 27
unfair to fall back on the moratorium. 28
29
Finance Director Beer asked if the Council could consider a liquor license request once the 30
moratorium was in place. City Administrator Ericson believed this would be determined by how 31
the moratorium was framed and if the Council considered the current liquor license request to be 32
pending application. He explained that once the moratorium was approved by the Council, the 33
City would be precluded from considering or approving any new off-sale intoxicating liquor 34
licenses until such time the moratorium was removed. 35
36
Council Member Hull did not believe the City needed another liquor store. He believed two of 37
the existing stores were hurting and questioned how a fourth liquor store would be supported by 38
the community. It was his opinion that if the pending request was going to be considered by the 39
Council that the moratorium be waived. 40
41
Council Member Mueller supported the moratorium moving forward as it would provide the 42
Council with valuable information on the liquor licensing process. She suggested the 43
moratorium be made effective May 15th through November 15th as this would allow the pending 44
request to be considered. 45
Mounds View City Council April 11, 2016
Regular Meeting Page 9
1
Mayor Flaherty did not want to see the Council making the situation with the pending request 2
more difficult with the proposed moratorium. 3
4
Council Member Hull reported the City had approved the zoning change for the property to allow 5
for more uses on the site. 6
7
Council Member Meehlhause did not believe it was the City’s business to assist landlords in 8
finding tenants just because their property taxes were outstanding. He indicated there were other 9
vacant properties in the City that were also struggling. 10
11
Mayor Flaherty thought the entire moratorium situation was unfair. He questioned why the 12
Council did not explain the proposed moratorium earlier this evening. 13
14
Council Member Meehlhause was uncertain but believed that items discussed during Public 15
Input were only responded to by the Mayor. 16
17
City Administrator Ericson explained the applicant could correct the deficiency and the proposed 18
effective date of May 15th would provide a window for the property owner to satisfy the 19
outstanding obligations. He believed this was a generous amount of time to bring the property 20
into compliance. 21
22
Council Member Mueller believed the Council needed to update its liquor licensing process. She 23
stated a moratorium would assist the Council in properly addressing its vision for the community. 24
She thought it would be important to consider the pending application but also wanted to see the 25
off-sale liquor license study completed. She anticipated the study could be completed in six 26
months. 27
28
Council Member Gunn wanted to see the moratorium in place for one year as this would allow 29
the Council a proper amount of time to consider this topic. She understood this topic only came 30
to light given the fact another liquor store was requested. But given the fact the Council had an 31
opportunity to complete a study and learn more about the liquor licensing process, she believed 32
this was the best direction for the City moving forward. She wanted to see the moratorium in 33
place in two weeks. 34
35
Council Member Hull thought the City had too many liquor stores and feared that if another off-36
sale liquor license request came before the City the existing businesses would be hurt. City 37
Administrator Ericson did not believe it was the City’s roll to inhibit which businesses succeed 38
and which fail. 39
40
Council Member Mueller feared that a full year moratorium would limit new brew pub 41
restaurants from moving into the community. She believed the proposed study could be 42
completed in six months. 43
44
Council Member Meehlhause agreed with Council Member Mueller. He did not believe the 45
Mounds View City Council April 11, 2016
Regular Meeting Page 10
study would take more than six months to complete. 1
2
Council Member Gunn supported the moratorium at one-year given the level of conversation that 3
would have to be held with the Planning Commission regarding the zoning issues. City 4
Administrator Ericson reported staff would not want the moratorium in place any longer than 5
was necessary. It was noted the moratorium could be repealed at any time once put in place. For 6
this reason, the Council could support a one-year moratorium. 7
8
Mayor Flaherty had no problem with the moratorium, except for the pending liquor license 9
request. He stated the Council knew full well when that property was rezoned, a liquor store was 10
possible. He recommended that the applicant be given 60 days to reapply. 11
12
Council Member Gunn supported this suggestion. 13
14
Council Member Mueller wanted to see a six-month moratorium effective May 15th. 15
16
Mayor Flaherty feared that the City would receive additional requests prior to May 15th. He also 17
wanted to see the pending request allowed 60 days to finish application. 18
19
Council Member Mueller commented the City Council could not control the free market. She 20
explained her eyes were opened when staff provided the City Council with the State Statutes 21
addressing the proper number of liquor licenses for a City the City of Mounds View. For this 22
reason, she wanted to see the study completed as this would provide the Council with valuable 23
information on how to handle liquor licenses in the future. She recommended a six-month 24
moratorium be put in place effective May 15 th. 25
26
Council Member Gunn did not believe the pending application needed 60 days to be considered. 27
28
Mayor Flaherty questioned if the Council agreed to consider the pending liquor license 29
application. 30
31
Council Member Hull indicated the Council had to consider this request. 32
33
Council Member Meehlhause suggested a compromise of 45 days to consider the pending 34
applicants liquor license request. 35
36
Finance Director Beer explained property taxes were due May 15th. This meant that if the 37
applicant took longer than one month to receive approval, the applicant would also be 38
responsible for the first half of 2016 property taxes in order to remain in compliance with 39
Mounds View City Code. He reiterated that the proposed request would only approve a liquor 40
license through June 30th of 2016. He indicated the property owner would have to remain current 41
on the property taxes in order for another liquor license to be approved. 42
43
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8551, 44
Approving a Six-Month Moratorium on the Issuance of Any New Off-Sale Intoxicating Liquor 45
Mounds View City Council April 11, 2016
Regular Meeting Page 11
Licenses in the City of Mounds View, effective May 15, 2016 through November 15, 2016. 1
2
Council Member Hull reviewed stats from Ramsey County and Anoka County in terms of liquor 3
store density. He indicated most communities have 1.8 liquor stores per 10,000 people. He 4
stated if the City were to approve another liquor store, Mounds View would have 3.3 liquor 5
stores were 10,000 people. It was his opinion the City did not need another liquor store. He 6
believed the proposed moratorium would assist the Council in addressing a quality of life issue. 7
8
Council Member Gunn looked forward to addressing this concern during the moratorium, but 9
also wanted to discuss how brew pubs would be viewed under City Code. 10
11
Council Member Meehlhause explained that some communities have municipal owned liquor 12
stores. 13
14
Ayes – 4 Nays – 1 (Flaherty opposed) Motion carried. 15
16
G. Resolution 8549, Accept MDH Source Water Protection Grant. 17
18
Public Works Director Erickson requested the Council accept the MDH Source Water Protection 19
Grant. He noted staff applied for this grant last September and would assist with water 20
protection and education efforts in the City. He indicated the City would be contracting this 21
work with Barr Engineering. 22
23
Council Member Meehlhause discussed a recent newspaper article he read regarding 24
contaminated water and asked if Mounds View would ever have this concern. Public Works 25
Director Erickson explained the cities with contaminated water was due to improper treatment 26
chemicals or due to lead service pipes. 27
28
Council Member Mueller asked if there were certain years that lead based pipes were used to 29
supply drinking water to homes. Public Works Director Erickson commented this was the case 30
but he was uncertain of the years. He explained lead based pipes were no longer allowed. 31
32
Mayor Flaherty asked if the grant would assist in verifying the City’s aquifer was safe. Public 33
Works Director Erickson noted the Department of Health had tested the City’s aquifer recently 34
given the concerns New Brighton was having with their water. He explained the grant would 35
assist with long-term maintenance of the City’s water. 36
37
MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 8549, Accept 38
MDH Source Water Protection Grant. 39
40
Ayes – 5 Nays – 0 Motion carried. 41
42
8. CONSENT AGENDA 43
Mounds View City Council April 11, 2016
Regular Meeting Page 12
A. Schedule a Public Hearing for Monday, April 25, 2016, at 7:00 p.m., to 1
Consider a Honeybee Keeping License to Applicant Hanna Frahm, Located 2
at 8325 Greenwood Drive. 3
B. Schedule Public Hearing for Monday, May 9, 2016, at 7:00 p.m., to Consider 4
On-Sale Intoxicating Liquor Licenses for Moe’s (located at 2400 County 5
Road 10), The Mermaid (located at 2200 County Road 10), and El Loro 6
(located at 2535 County Road 10). 7
C. Schedule Public Hearing for Monday, May 9, 2016, at 7:00 p.m., to Consider 8
Off-Sale Intoxicating Liquor Licenses for ABC Liquor (located at 2840 9
County Road 10), Big Top Liquor (located at 2577 County Road 10), and 10
Vino & Stogies (located at 2345 County Road H2). 11
D. Schedule Public Hearing for Monday, May 9, 2016, at 7:00 p.m., to Consider 12
Off-Sale 3.2 Malt Liquor Licenses for Speedway SuperAmerica, located at 13
2640 County Road I. 14
E. Resolution 8548, Approving the Purchase of Grouped Mailbox Supplies for 15
the 2016 Street and Utility Project Area I. 16
17
MOTION/SECOND: Mueller/Gunn. To Approve the Consent Agenda as presented. 18
19
Ayes – 5 Nays – 0 Motion carried. 20
21
9. JUST AND CORRECT CLAIMS 22
23
Finance Director Beer answered the Council's questions related to claims. 24
25
MOTION/SECOND: Mueller/Meehlhause. To Approve the Just and Correct Claims as 26
presented. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
10. APPROVAL OF MINUTES 31
A. January 25, 2016, City Council Meeting Minutes. 32
33
Council Member Meehlhause requested a correction on Page 7, Line 3 noting the line should 34
read Acting Mayor Mueller. 35
36
Council Member Mueller noted she provided staff with several changes to the minutes prior to 37
the meeting. 38
39
MOTION/SECOND: Mueller/Gunn. To Approve the January 25, 2016, City Council meeting 40
minutes as corrected. 41
42
Ayes – 5 Nays – 0 Motion carried. 43
44
B. February 8, 2016, City Council Meeting Minutes. 45
Mounds View City Council April 11, 2016
Regular Meeting Page 13
1
Council Member Meehlhause requested a correction on Page 5, Line 36 noting the area with 2
Street Improvement Project Area I that could be delayed was east of Quincy and not west. 3
4
Council Member Meehlhause requested a correction on Page 6, Line 9, correcting the spelling of 5
Joe Rhein’s last name. 6
7
Council Member Meehlhause requested a correction on Page 8, Line 9, indicating he attended an 8
Executive Committee meeting. 9
10
MOTION/SECOND: Meehlhause/Hull. To Approve the February 8, 2016, City Council 11
meeting minutes as corrected. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
C. February 22, 2016, City Council Meeting Minutes. 16
17
MOTION/SECOND: Mueller/Meehlhause. To Approve the February 22, 2016, City Council 18
meeting minutes as presented. 19
20
Ayes – 5 Nays – 0 Motion carried. 21
22
11. REPORTS 23
A. Reports of Mayor and Council. 24
25
Council Member Mueller indicated the LMC Finance Committee would meet on Thursday, April 26
14th. She noted the LMC Board would meet on Thursday, April 21st. 27
28
Council Member Mueller stated the Festival in the Park Committee would meet next on Tuesday, 29
April 19th at 7:00 p.m. at City Hall. 30
31
Council Member Meehlhause reported he would be attending an NYFS Personnel Committee 32
meeting next week. 33
34
B. Reports of Staff. 35
36
Finance Director Beer was pleased to report the 2015 audit was complete and anticipated a 37
summary would be provided to the City Council at the end of April. 38
39
Finance Director Beer stated he was contacted by Kennedy & Graven about a possible conduit 40
debt issuance. He explained he would report back to the City Council at a future meeting when 41
he had more information. 42
43
Public Works Director Erickson provided the Council with an update on the trail easement 44
situation. It was noted the Scotland Green easement had been signed and submitted to staff 45
Mounds View City Council April 11, 2016
Regular Meeting Page 14
electronically. He commented the Silver Lake Woods Townhome Association Board was 1
reviewing the easement. 2
3
Public Works Director Erickson noted spring road restrictions would be lifted on Friday, April 4
15th. 5
6
City Administrator Ericson discussed the Police Chief recruitment process noting the City had 7
received eight responses to date. He anticipated interviews would be held the last week of April 8
or early May. 9
10
C. Reports of City Attorney. 11
12
There was nothing additional to report. 13
14
12. Next Council Work Session: Monday, May 2, 2016, at 7:00 p.m. 15
Next Council Meeting: Monday, April 25, 2016, at 7:00 p.m. 16
17
13. ADJOURNMENT 18
19
The meeting was adjourned at 9:37 p.m. 20
21
Transcribed by: 22
23
Heidi Guenther 24
TimeSaver Off Site Secretarial, Inc. 25
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 25, 2016 6
Mounds View City Hall 7
2401 County Road 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, April 25, 2016, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, April 25, 2016, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Brad Johnson, 5556 St. Stevens Street, stated he was surprised last week when his front yard was 30
ripped up. He was unaware as to why this occurred. He contacted the City and was made aware 31
that Xcel Energy was responsible for this hole and questioned who would be repairing his front 32
yard. 33
34
Public Works Director Erickson explained Xcel Energy would be responsible for the repair work. 35
He was uncertain why Mr. Johnson did not receive prior notification of the work that would be 36
completed by Xcel Energy. He described the work that was being done in Mr. Johnson’s 37
neighborhood. 38
39
Mayor Flaherty apologized for the lack of notification on behalf of Xcel Energy. He was glad 40
that Mr. Johnson contacted the City and was able to learn more about the work that was being 41
completed. 42
43
6. SPECIAL ORDER OF BUSINESS 44
A. SBM Fire Department Presentation by Nyle Zikmund. 45
Mounds View City Council April 25, 2016
Regular Meeting Page 2
1
Fire Chief Nyle Zikmund provided the Council with an update on the ladder truck noting this 2
item was budgeted for 2017. He provided described the age of the two aerials the fire department 3
currently had and noted these vehicles have had a long rich history. He explained the aerials are 4
used for all structure fires, mutual aid calls and for crash rescue. He reported the aerials were 5
beyond their life expectancy. He recommended the two aerials be replaced with a single unit. 6
He explained a new aerial took approximately 13 to 15 months to build and would cost 7
approximately $1 million. He explained the new aerial would have a 100-foot ladder and a 8
pump. 9
10
Fire Chief Zikmund indicated the City of Mounds View would be responsible for 16% of the 11
aerial truck expense, or $160,000. He explained the cities could opt to lease or buy the truck. It 12
was noted these details could be worked about between the cities. He encouraged the Council to 13
keep this expense in mind for the coming years while doing CIP planning. 14
15
Mayor Flaherty asked if staff supported the proposed financing mechanism. Finance Director 16
Beer did support the financing option and stated the only other option would be to pay the 17
expense out of a fund balance. 18
19
Mayor Flaherty questioned when the preliminary budget for fire services would be available to 20
the City. Fire Chief Zikmund reported this information would be presented to the City Manager 21
on Wednesday. 22
23
Council Member Meehlhause inquired how much it would cost to repair Ladder Truck #17 and 24
asked what the resale value would be on this piece of equipment. Fire Chief Zikmund indicated 25
it would cost $35,000 to repair the ladder on Ladder Truck #17. He stated there was not a big 26
used market for aerial trucks. He estimated Truck #12 and Truck #17 were worth $25,000 each, 27
which was their value in scrap metal. 28
29
Council Member Meehlhause asked what reaction the Fire Department received from Blaine and 30
Spring Lake Park. Fire Chief Zikmund commented both cities listened and had a lot of 31
questions. 32
33
Finance Director Beer questioned when payments would begin on the new truck. Fire Chief 34
Smith anticipated payments would begin 13 months after the truck was ordered. 35
36
Council Member Mueller inquired how many years the City hoped to get out of the current aerial 37
trucks. Fire Chief Zikmund stated the average life expectancy for a fire engine was 10 to 15 38
years. He noted ladder trucks were considered to have a life expectancy of 15 to 20 years. He 39
believed the life of the ladder trucks was extended due to the work completed by the full time 40
mechanic at the fire department. 41
42
Mayor Flaherty believed the City had gotten its useful life out of the two aerials and understood it 43
was time to purchase a new ladder truck. 44
45
Mounds View City Council April 25, 2016
Regular Meeting Page 3
B. Proclamation for Chief Nyle Zikmund. 1
2
Mayor Flaherty read a proclamation in full for the record recognizing Nyle Zikmund for his 35 3
years of dedicated service to the SBM Fire Department. A round of applause was offered by all 4
in attendance. 5
6
Fire Chief Zikmund thanked his sister, wife and other family members for being present. He 7
appreciated working with the City of Mounds View and stated it has been a joy to work with this 8
City Council. 9
10
Mayor Flaherty thanked Fire Chief Zikmund for all he has done for the community and wished 11
him well in his retirement. 12
13
Council Member Mueller was proud of the training and safety program that was developed by the 14
SBM Fire Department and noted this program was now used as a training platform across the 15
United States for fire prevention, suppression and safety. 16
17
C. 2015 Audit Presentation by Aaron Nielsen, CPA Principal MMKR. 18
19
Aaron Nielsen, CPA Principal MMKR, reviewed the 2015 audit and management report in detail 20
with the City Council. He described his findings noting the City received an unmodified opinion 21
from MMKR. The only concern he had was with the segregation of duties, but noted this was 22
due to the size of the City and its Finance Department. Discussion ensued regarding the payment 23
of invoices in a timely manner. 24
25
Mr. Nielson discussed the City’s fund balances and reviewed the timing of the City’s capital 26
outlays. He described the GASB changes that occurred in the previous year. He was pleased to 27
report the City’s debt service has been below the State average. General fund revenues, 28
expenditures and enterprise fund balances were then reviewed. He explained the City came in 29
under budget in 2015. He commented on the statement of net activities for the City and 30
requested questions or comments from the Council. 31
32
Council Member Meehlhause commented on the swings that occurred in the tax levy and City 33
revenues in 2015. 34
35
Mayor Flaherty thanked Mr. Nielsen for this thorough report and noted all of the information 36
presented would be available on the City’s website. 37
38
D. Resolution 8558 in Support of the Ramsey County “Start By Believing” 39
Community Initiative. 40
41
City Administrator Ericson requested the Council support the Ramsey County “Start By 42
Believing” Community Initiative. He explained this was a national initiative that was working to 43
improve the response to sexual violence survivors. He indicated the primary purpose for the 44
Mounds View City Council April 25, 2016
Regular Meeting Page 4
Resolution was to make the environment for sexual abuse survivors such that they were more 1
willing to report incidents, which would lead to a greater chance for conviction. 2
3
Council Member Mueller read Resolution 8558 in full for the record. 4
5
MOTION/SECOND: Mueller/Gunn. To Adopt Resolution 8558 in Support of the Ramsey 6
County “Start By Believing” Community Initiative. 7
8
Mayor Flaherty believed this was a valuable Resolution and offered his full support to this 9
initiative. 10
11
Council Member Mueller was proud of the fact that the County was working together with all 12
local agencies to change begin working towards change. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
E. Building Safety Month Proclamation 17
18
Mayor Flaherty read a proclamation declaring May 2016 to be Building Safety Month in the City 19
of Mounds View. 20
21
7. COUNCIL BUSINESS 22
A. 7:00 p.m. Public Hearing: Resolution 8559, a Resolution to Consider a 23
Honeybee Keeping License located at 8325 Greenwood Drive for Applicant 24
Hanna Frahm. 25
26
Assistant City Administrator Crane requested the Council consider a honeybee keeping license 27
for Hanna Frahm at 8325 Greenwood Drive. She explained this was the City’s fourth bee 28
keeping request and noted Ms. Frahm met all City requirements. She reviewed where the hives 29
would be located on Ms. Frahm’s property. 30
31
Mayor Flaherty opened the public hearing at 8:09 p.m. 32
33
Hearing no public input, Mayor Flaherty closed the public hearing at 8:10 p.m. 34
35
Council Member Meehlhause understood staff received no feedback from the neighbors. He 36
asked which direction the hives would open. Hanna Frahm, 8325 Greenwood Drive, reported the 37
hives would open to the west, away from the property lines. 38
39
Council Member Mueller was pleased to see the Ms. Frahm’s qualifications noting she had 40
completed a course from the University of Minnesota in Entomology. Ms. Frahm explained she 41
took the 8-hour course on the subject to learn more about the bee keeping and would be taking 42
another course next winter. 43
44
Mayor Flaherty questioned where Ms. Frahm would be receiving her bees. Ms. Frahm reported 45
Mounds View City Council April 25, 2016
Regular Meeting Page 5
she ordered her bees and the package would come in the mail from Kentucky. 1
2
MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 8559, 3
a Resolution to Consider a Honeybee Keeping License located at 8325 Greenwood Drive for 4
Applicant Hanna Frahm. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
B. Second Reading and Adoption of Ordinance 914, an Ordinance Amending 9
Chapter 1303 of the Mounds View Code Relating to Construction Site and 10
Land Disturbance Runoff Control (Roll Call Vote) 11
12
Public Works Director Erickson requested the Council adopt Ordinance 914 amending Chapter 13
1303 of the Mounds Vie Code relating to construction site and land disturbance runoff. He noted 14
the change was being made based on MPCA requirements. 15
16
MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance 914, 17
an Ordinance Amending Chapter 1303 of the Mounds View Code Relating to Construction Site 18
and Land Disturbance Runoff Control and publish the Ordinance summary. 19
20
ROLL CALL: Gunn/Hull/Meehlhause/Mueller/ Flaherty. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
C. Resolution 8553, Adopting a Calendar for the Preparation of the 2017 25
Budget. 26
27
Finance Director Beer requested the Council adopt a calendar for the preparation of the 2017 28
budget. He reviewed the proposed calendar and noted this information would be posted on the 29
City’s website. 30
31
Council Member Mueller explained the LMCIT would have a 2.5% to 3% rate increase for 2017. 32
33
Mayor Flaherty understood City Administrator Ericson would be working with the Deputy Police 34
Chief on the 2017 Public Safety budget. City Administrator Ericson reported this was the case. 35
36
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8553, 37
Adopting a Calendar for the Preparation of the 2017 Budget. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
D. Resolution 8555, Appointing Deputy Chief Steve Menard as the Interim 42
Police Chief and Authorizing Corresponding Additional Compensation. 43
44
Assistant City Administrator Crane requested the City Council appoint Deputy Chief Steve 45
Mounds View City Council April 25, 2016
Regular Meeting Page 6
Menard as the Interim Police Chief and authorize the corresponding additional compensation 1
(10%) for this appointment. She explained that Police Chief Tom Kinney’s last day on the job 2
would be Friday, April 29th. For this reason, the City needed to appoint an interim police chief, 3
which would be effective on Saturday, April 30th through the date a new Police Chief was hired. 4
5
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8555, 6
Appointing Deputy Chief Steve Menard as the Interim Police Chief and Authorizing 7
Corresponding Additional Compensation. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
E. Resolution 8561, Approve Consultant to Perform Design Services Related to 12
the Public Works Facility. 13
14
Public Works Director Erickson requested the Council approve a consultant to perform design 15
services related to the Public Works Facility. He noted he met with representatives from I & S 16
Group and Ortel Architects regarding the design services, and spoke with individuals from SEH 17
and Stantec. He believed the two bids submitted were fair and competitive bids. He noted the 18
budget had $200,000 for this item and suggested the overage be paid for by the funds set aside 19
for the splash pad. Staff recommended the Council approve an agreement with Ortel Architects 20
for an amount of $247,860 with a 5% contingency. 21
22
Mayor Flaherty asked why the budget was so far off. Public Works Director Erickson explained 23
this amount was estimated based on the proposed expense for the Public Works Facility. He 24
apologized to the Council for underestimating this item. 25
26
Mayor Flaherty questioned if this expense would be part of the Public Works Facility bond. 27
Finance Director Beer reported this would be the case. 28
29
Council Member Mueller stated she had a conversation with City Administrator Ericson 30
regarding this item. She requested Public Works Director Erickson provide the Council with 31
further background information on the firms for future requests. 32
33
Council Member Meehlhause asked if Ortel Architects completed the City’s space needs study. 34
Public Works Director Erickson stated this was the case. 35
36
Council Member Meehlhause recommended the City staff tour the Little Canada Public Works 37
Facility as this project was completed by Ortel Architects. Public Works Director Erickson 38
explained he does plan to tour this facility with several staff members. 39
40
Council Member Meehlhause indicated he would be interested in attending this tour. 41
42
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8561, 43
Approve Consultant to Perform Design Services Related to the Public Works Facility in an 44
amount of $247,860 with a 5% contingency. 45
Mounds View City Council April 25, 2016
Regular Meeting Page 7
1
Ayes – 5 Nays – 0 Motion carried. 2
3
F. Resolution 8554, Acceptance of the Twin Cities Gateway Member City Grant 4
Agreement. 5
6
Assistant City Administrator Crane requested the Council accept the Twin Cities Gateway 7
member city grant agreement. She explained Mounds View has been a member of Twin Cities 8
Gateway since 2009. She indicated the City would be receiving $8,672 in funds for 2016. Staff 9
recommended $1,500 of the funds be allocated to the Mounds View Community Center to allow 10
for the revamping of their website and the remainder of the funds, $7,172, be allocated to the 11
Mounds View Festival in the Park Committee. 12
13
Mayor Flaherty asked if $1,500 would be enough to revamp the website at the Community 14
Center. He questioned if funds could be shifted from one entity to the other to cover any 15
overages. City Administrator Ericson reported the City could shift funds. Further discussion 16
ensued regarding how to properly allocate the dollars between the Community Center and 17
Festival in the Park. Staff recommended an allocation be made to Festival in the Park after the 18
City receives an invoice from the Community Center for their website work. 19
20
Council Member Gunn suggested the dollar amounts be removed from the Resolution and the 21
donation be accepted as a lump sum. The funds could then be allocated at a future date. City 22
Administrator Ericson reported the Resolution could be amended and the Council could proceed 23
in this manner. 24
25
Council Member Mueller recommended the Council describe how the fund will be used within 26
the Resolution for auditing purposes. Finance Director Beer anticipated that staff would have 27
information on the website expenses in the near future, which would assist with the proper 28
allocation of the grant funds. 29
30
MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 8554, 31
Acceptance of the Twin Cities Gateway Member City Grant, as corrected. 32
33
Ayes – 4 Nay – 1 (Mueller) Motion carried. 34
35
G. Resolution 8556, Accept Improvements and Approve Final Payment for 2015 36
Roofing of Booster Station & Well No. 2 Project. 37
38
Public Works Director Erickson requested the Council accept the improvements and approve the 39
final payment for the 2015 roofing of booster station and well No. 2 project. He noted all forms 40
have been submitted by the contractor and staff recommended Council approval. 41
42
Mayor Flaherty asked how staff arrived at the final payment amount. Public Works Director 43
Erickson reported this was the 5% that was withheld from the contractor. 44
45
Mounds View City Council April 25, 2016
Regular Meeting Page 8
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8556, Accept 1
Improvements and Approve Final Payment for 2015 Roofing of Booster Station & Well No. 2 2
Project. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
H. Resolution 8557, Approving an Engineering Services Agreement with Braun 7
Intertec for Construction Materials Testing and Special Inspection Services 8
Related to Street & Utility Improvement Program – Area I. 9
10
Public Works Director Erickson requested the Council approve an engineering services 11
agreement with Braun Intertec for construction materials testing and special inspection services 12
for Area I of the Street and Utility Improvement Program. He noted he spoke with Braun and 13
American Engineering regarding this contract and Braun Intertec came in with the low bid. Staff 14
recommended approval with a 10% contingency. 15
16
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8557, 17
Approving an Engineering Services Agreement with Braun Intertec for Construction Materials 18
Testing and Special Inspection Services Related to Street & Utility Improvement Program – Area 19
I. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
8. CONSENT AGENDA 24
25
Mayor Flaherty asked to remove Item 8A. 26
27
A. Resolution 8560, Approving the Appointment of Kathryn Ann Smith to the 28
Police Civil Service Commission Effective June 1, 2016. 29
B. Schedule a Public Hearing for Monday, May 9, 2016, at 7:00 p.m. to 30
Consider a Resolution for a Honeybee Keeping License for Resident Jens 31
Loader located at 7375 Pleasant View Drive. 32
C. Resolution 8552, Authorizing Insurance Policies for the Year January 2016 33
through December 2016. 34
D. Set a Public Hearing for Monday, May 23, 2016, at 7:00 p.m. to Consider a 35
Special Assessment for a Private Water Service Repair. 36
E. Set a Public Hearing for Monday, May 23, 2016, at 7:00 p.m. to Consider 37
Special Assessments for Unpaid Abatement Charges, Administrative Offense 38
Charges, and Diseased Tree Charges. 39
40
MOTION/SECOND: Mueller/Meehlhause. To Approve the Consent Agenda as amended 41
removing Item 8A. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council April 25, 2016
Regular Meeting Page 9
1
A. Resolution 8560, Approving the Appointment of Kathryn Ann Smith to the 2
Police Civil Service Commission Effective June 1, 2016. 3
4
Mayor Flaherty thanked Kathryn Ann Smith for her willingness to serve on the Police Civil 5
Service Commission. 6
7
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 8560, 8
Approving the Appointment of Kathryn Ann Smith to the Police Civil Service Commission 9
Effective June 1, 2016. 10
11
Council Member Meehlhause noted the Police Civil Service Commission still had one more 12
opening. Those interested in serving on this capacity were encouraged to contact City Hall for 13
further information. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
18
9. JUST AND CORRECT CLAIMS 19
20
Finance Director Beer answered the Council's questions related to claims. 21
22
MOTION/SECOND: Meehlhause/Mueller. To Approve the Just and Correct Claims as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
10. APPROVAL OF MINUTES 28
A. March 14, 2016, City Council Meeting Minutes. 29
30
Council Member Meehlhause requested a correction on Page 2, Line 23 stating this line should 31
read for coming to the Council meeting. 32
33
Council Member Meehlhause requested a correction on Page 2, Line 13, correcting the spelling 34
of Knight Crawlers. 35
36
Council Member Meehlhause requested a correction on Page 3, Line 14, removing the word the. 37
38
Council Member Meehlhause requested a correction on Page 5, Line 40, indicating this line 39
should read proposed project timeline. 40
41
Council Member Meehlhause requested a correction on Page 9, Line 8 and 9, should be reworded 42
to read those interested in volunteering on the Charter Commission should contact City Hall for 43
further information. 44
45
Mounds View City Council April 25, 2016
Regular Meeting Page 10
MOTION/SECOND: Meehlhause/Mueller. To Approve the March 14, 2016, City Council 1
meeting minutes as amended. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
B. March 28, 2016, City Council Meeting Minutes. 6
7
Council Member Mueller requested a correction on Page 2, Line 23, noting backyard should be 8
made singular. 9
10
Council Member Mueller requested a correction on Page 4, Line 38, changing the word buyers to 11
suppliers. 12
13
Council Member Meehlhause requested a correction on Page 5, Line 15, removing the capital 14
“O” in of. 15
16
Council Member Meehlhause requested a correction on Page 7, Line 1, changing he to the. 17
18
Council Member Meehlhause requested a correction on Page 7, Line 22, removing the word the. 19
20
Council Member Meehlhause requested a correction on Page 8, Line 32, changing the word 21
charged to paid. 22
23
Council Member Meehlhause requested a correction on Page 9, Line 16, noting that he, Mayor 24
Flaherty and City Administrator Ericson attended the meeting with Ramsey County. 25
26
MOTION/SECOND: Mueller/Hull. To Approve the March 28, 2016, City Council meeting 27
minutes as amended. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
11. REPORTS 32
A. Reports of Mayor and Council. 33
34
Council Member Gunn reported she attended the Ramsey County Urban Pollinators class. She 35
found the class to be quite interesting. She learned Ramsey County wanted to work with local 36
governments with highways to provide additional native plantings that would benefit the bee 37
population. In addition, cities were encouraged to investigate their own property to find areas 38
that could return to prairie for the purpose of encouraging bee and butterfly pollination. She 39
believed a portion of Silver View Park could be turned into a prairie. She noted these prairie 40
areas would use less water and pesticides, which was great for the environment. The City could 41
also encourage homeowners to plant their catch basins with prairie plants. 42
43
Mayor Flaherty supported this idea and encouraged staff and Councilmembers to drive through 44
the City and keep in mind areas that could be turned into prairie. 45
Mounds View City Council April 25, 2016
Regular Meeting Page 11
1
Council Member Gunn indicated she attended the Wizard of Oz production at Pinewood 2
Elementary School. 3
4
Council Member Gunn reported the robotics team would be leaving for St. Louis on Wednesday, 5
April 27th for the National Championship. 6
7
Council Member Gunn stated after 41 years of service to the Mounds View Public Schools, 8
School District Superintendent Dan Hooverman would be retiring. She explained an Open 9
House would be held on Tuesday, May 24th from 3:30 to 6:30 p.m. at Chippewa Middle School 10
for Superintendent Hooverman. She wished Mr. Hooverman well in his retirement and thanked 11
him for a job well done. 12
13
Council Member Mueller thanked Mr. Hooverman for his 41 years of service to the Mounds 14
View School District. She also thanked Fire Chief Zikmund for his 35 years of service to the 15
community on the SBM Fire Department. 16
17
Council Member Mueller thanked Police Chief Kinney for his 31 years of service to the Mounds 18
View Police Department. She noted there would be a coffee and cake reception at City Hall for 19
Police Chief Kinney on Friday, April 29th from 1:00 p.m. to 2:30 p.m. 20
21
Council Member Mueller indicated Festival in the Park had a garden plant sale this spring. She 22
explained plants would be available for pick up on Friday, May 6th from 4:00 to 6:00 p.m. at the 23
Public Works Building. It was noted the next Festival in the Park Committee meeting would be 24
held on Tuesday, May 17th at 7:00 p.m. at City Hall. 25
26
Council Member Mueller reported the next League of Minnesota Cities Board meeting would be 27
held on Thursday, May 19th and the Finance Committee would be meeting on Wednesday, May 28
25th. She anticipated the LMCIT would be raising their rates 2.5% to 3% in 2017. 29
30
Council Member Mueller provided comment on several legislative issues that were being 31
discussed by the House that impacted Mounds View residents. She indicated Minnesota had a 32
limited amount of time to become compliant with the Real ID. She stated no progress had been 33
made on the transportation bill. She anticipated police body camera legislation would be 34
approved in this session after the data practice regulations were set. She noted no discussions 35
have been held regarding stormwater or fresh water infrastructure. 36
37
Council Member Mueller commented small wireless towers were being pushed and further 38
decisions would have to be made regarding this topic. She hoped that the language regarding the 39
sales tax exemption for cities and JPA’s would be cleaned up this session. She anticipated LGA 40
reformation would continue, along with TIF law. She stated there was a movement to remove 41
the cabin classification on property taxes to increase funding for schools. She indicated cities 42
would have to review their permitting process and code requirements to consider allowing tiny 43
houses within the community. 44
45
Mounds View City Council April 25, 2016
Regular Meeting Page 12
City Administrator Ericson stated there was some concern within the metro area regarding tiny 1
houses and that cities may have no say. He feared that the legislation as submitted would take 2
away the permitting process for cities. He indicated a tiny house would be an additional living 3
unit that would have not to comply with setbacks. He understood the tiny houses would be 4
allowed for six months, with an additional six-month extension. He commented the tiny houses 5
would require septic trucks to service them. He understood the concept appeared to be great, but 6
there were a large number of issues that needed to be addressed. 7
8
Mayor Flaherty stated there has been individuals lobbying on behalf of cities. 9
10
Council Member Mueller reported the Ramsey County League of Local Government was 11
sponsoring an ethnic panel discussion called “How Can We Unite” on Thursday, April 28th at the 12
Maplewood City Hall at 7:00 p.m. 13
14
Council Member Meehlhause stated a neighborhood meeting would be held at the Community 15
Center on Wednesday, April 27th at 6:00 p.m. for the residents living in Area I. 16
17
Council Member Meehlhause commented County Road H was now open. 18
19
Council Member Meehlhause indicated he attended the Pinewood Elementary production of the 20
Wizard of Oz with his wife and was very pleased by the fine work conducted by these students. 21
22
Council Member Meehlhause stated he would be attending an NYFS meeting on Thursday, April 23
28th. 24
25
Council Member Meehlhause thanked the Mounds View Lion’s and Boy Scouts for cleaning up 26
County Highway 10 this past Saturday. 27
28
Mayor Flaherty reported detours would occur at the intersection of County Road H and Highway 29
10 in May. He encouraged Mounds View residents to be patient and noted the intersection 30
would better serve the City after completion. 31
32
B. Reports of Staff. 33
34
Finance Director Beer stated the conduit debt request submitted to the City has been dropped. 35
36
Public Works Director Erickson reported the Area I contractor would being to mobilize on 37
Monday, May 2nd. He discussed the work that had been completed on County Road H. 38
39
1. Administration Report 40
41
City Administrator Ericson reviewed the City Council Work Session agenda for Monday, May 42
2nd. The Council was interested in receiving a presentation from Officer Kirsten Heineman. 43
Mounds View City Council April 25, 2016
Regular Meeting Page 13
City Administrator Ericson indicated a resident recently asked to purchase an old City street 1
signs. Staff suggested the signs be sold at $10 per sign and the monies could be used for park 2
grants. He requested comment from the Council on this matter. 3
4
Council Member Gunn suggested the signs be held onto until Festival in the Park. She stated she 5
would be more than happy to sell the signs at a booth during this event. The Council supported 6
this suggestion. 7
8
City Administrator Ericson discussed the next steps for the County Highway 10 renaming. He 9
stated City staff had reached out to local businesses regarding a potential name change to 10
Mounds View Boulevard. He was pleased to report that the overwhelming majority supported 11
the name change. He noted the post office was contacted to ensure mail would continue to be 12
delivered throughout the renaming process. The Council supported the City moving forward 13
with the renaming of County Highway 10 to Mounds View Boulevard. 14
15
City Administrator Ericson summarized on the status of the Comprehensive Plan Update noting 16
this would be further discussed by the Council at the June worksession meeting. 17
18
City Administrator Ericson stated the spring cleanup day would be held on Saturday, April 30th at 19
the Public Works garage from 9:00 a.m. to 12:00 p.m. 20
21
City Administrator Ericson asked if the Council was interested in having staff draft a letter on the 22
City’s behalf regarding body camera legislation. The Council supported this recommendation. 23
24
City Administrator Ericson commented the City of Spring Lake Park was considering a splash 25
pad at Lakeside Lion’s Park. Spring Lake Park was wondering if Mounds View was interested in 26
working jointly on this project. 27
28
Council Member Gunn was not interested in working on this project with Spring Lake Park. She 29
believed the City should pursue its own splash pad. 30
31
Council Member Mueller preferred to see the splash pad in Mounds View as well. 32
33
Council Member Hull and Council Member Meehlhause agreed. 34
35
Mayor Flaherty wanted to see the amenity remain in Mounds View as well. 36
37
C. Reports of City Attorney. 38
39
City Attorney Riggs explained documents had been signed on one of the easements. 40
41
12. Next Council Work Session: Monday, May 2, 2016, at 7:00 p.m. 42
Next Council Meeting: Monday, May 9, 2016, at 7:00 p.m. 43
Mounds View City Council April 25, 2016
Regular Meeting Page 14
1
13. ADJOURNMENT 2
3
The meeting was adjourned at 10:03 p.m. 4
5
Transcribed by: 6
7
Heidi Guenther 8
TimeSaver Off Site Secretarial, Inc. 9
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
May 9, 2016 6
Mounds View City Hall 7
2401 County Road 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, May 9, 2016, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 9 , 2016, agenda as presented. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
5. PUBLIC INPUT 27
28
None. 29
30
6. SPECIAL ORDER OF BUSINESS 31
A. Proclamation for National Public Works Week 32
33
Public Works Director Erickson reported National Public Works Week has been organized by the 34
National Public Works Association that covers the United States and Canada. He appreciated all 35
of the hard work completed by his staff on behalf of the City. 36
37
Mayor Flaherty read a proclamation in full declaring May 15 through May 21 to be National 38
Public Works Week in the City of Mounds View. 39
40
Council Member Mueller recommended the Council offer the Mounds View Public Works 41
Department a round of applause. The Council offered a round of applause. 42
43
B. Proclamation for National Police Week 44
45
Mounds View City Council May 9, 2016
Regular Meeting Page 2
Mayor Flaherty read a proclamation in full declaring May 15 through May 21 to be National 1
Police Week in the City of Mounds View. He thanked the members of the Mounds View Police 2
Department for their dedicated service to the community. 3
4
7. COUNCIL BUSINESS 5
A. 7:00 p.m. Public Hearing: Resolution 8567, a Resolution to Consider a 6
Honeybee Keeping License for Resident Jens Loder located at 7375 Pleasant 7
View Drive. 8
9
Assistant City Administrator Crane requested the Council consider approving a honeybee 10
keeping license for Jens Loder at 7375 Pleasant View Drive. She explained Mr. Loder has 11
submitted a license and all necessary fees. It was noted Mr. Loder would like to have two hives 12
on his property and has not attended any official beekeeping training. However, he was trained 13
by his father, who is a master beekeeper. 14
15
Mayor Flaherty opened the public hearing at 7:12 p.m. 16
17
Hearing no public input, Mayor Flaherty closed the public hearing at 7:12 p.m. 18
19
Council Member Mueller admired and respected Mr. Loder’s beekeeping abilities. She 20
questioned what plant varieties she could plant that would attract more bees. Jens Loder, 7375 21
Pleasant View Drive, stated he was not certain of plant varieties, but knew bees were attracted to 22
Linden trees. 23
24
Council Member Mueller asked if Mr. Loder had a source of fresh water for the bees. Mr. Loder 25
reported he had a three gallon chicken feeder that was available for the bees. 26
27
Council Member Meehlhause requested further information on Mr. Loder’s background with 28
bees. Mr. Loder stated he started working with bees with his father when he was 14. 29
30
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8567, 31
a Resolution to Consider a Honeybee Keeping License for Resident Jens Loder located at 7375 32
Pleasant View Drive. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
B. 7:00 p.m. Public Hearings: On-Sale Intoxicating Liquor License Renewals 37
1. Resolution 8568, a Resolution to Consider an On-Sale Intoxicating 38
Liquor License Renewal for Moe’s, located at 2400 County Road 10. 39
40
Assistant City Administrator Crane stated all liquor licenses expire on June 30, 2016. She 41
reported Moe’s liquor license was up for renewal and staff had not received the application or 42
fees to date. She reported she sent a letter to the business owner after speaking with him on May 43
4th. The business owner understood he was late in getting his materials to the City. She 44
indicated Moe’s would be subject to a 20% increase in license fees due because the materials 45
Mounds View City Council May 9, 2016
Regular Meeting Page 3
were past due. At the time of their conversation, staff informed the owner they had delinquent 1
utility bills. These bills would have to be paid in full before the liquor license renewal could be 2
considered. Staff recommended the Council open the public hearing and continue to the next 3
meeting. 4
5
Mayor Flaherty opened the public hearing at 7:18 p.m. 6
7
MOTION/SECOND: Mueller/Gunn. To Continue the Public Hearing for the On-Sale 8
Intoxicating Liquor License Renewal for Moe’s located at 2400 County Road 10 to Monday, 9
May 23, 2016. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
2. Resolution 8569, a Resolution to Consider an On-Sale Intoxicating 14
Liquor License Renewal for The Mermaid, located at 2200 County Road 15
10. 16
17
Assistant City Administrator Crane stated all liquor licenses expire on June 30th. She reported 18
The Mermaid has submitted all necessary documents and fees for their on-sale intoxicating liquor 19
license. It was noted the liquor license would be contingent upon a satisfactory criminal 20
background check with the BCA and a satisfactory report from the Mounds View Police 21
Department. It was noted a fire inspection has been scheduled for Thursday, June 9th. She 22
indicated all utility bills and property taxes have been paid in full. Staff recommended approval 23
of the liquor license for The Mermaid, subject to a satisfactory criminal background check, fire 24
inspection and report from the Police Department. 25
26
Mayor Flaherty opened the public hearing at 7:20 p.m. 27
28
Hearing no public input, Mayor Flaherty closed the public hearing at 7:20 p.m. 29
30
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8569, a 31
Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for The Mermaid, 32
located at 2200 County Road 10, contingent upon a satisfactory criminal background check, fire 33
inspection and report from the Police Department. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
3. Resolution 8570, a Resolution to Consider an On-Sale Intoxicating 38
Liquor License Renewal for El Loro, located at 2535 County Road 10. 39
40
Assistant City Administrator Crane stated all liquor licenses expire on June 30th. She reported El 41
Loro has submitted all necessary documents and fees for their on-sale intoxicating liquor license. 42
It was noted the liquor license would be contingent upon a satisfactory criminal background 43
check with the BCA and a satisfactory report from the Mounds View Police Department. It was 44
noted a fire inspection has been scheduled for Thursday, June 9th. She indicated all utility bills 45
Mounds View City Council May 9, 2016
Regular Meeting Page 4
and property taxes have been paid in full. Staff recommended approval of the liquor license for 1
El Loro, subject to a satisfactory criminal background check, fire inspection and report from the 2
Police Department. 3
4
Mayor Flaherty opened the public hearing at 7:22 p.m. 5
6
Hearing no public input, Mayor Flaherty closed the public hearing at 7:22 p.m. 7
8
MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 8570, 9
a Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for El Loro, located at 10
2535 County Road 10, contingent upon a satisfactory criminal background check, fire inspection 11
and report from the Police Department. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
C. 7:00 p.m. Public Hearings: Off-Sale Intoxicating Liquor License Renewals 16
1. Resolution 8571, a Resolution to Consider an Off-Sale Intoxicating 17
Liquor License Renewal for ABC Liquor, located at 2840 County Road 18
10. 19
20
Assistant City Administrator Crane stated all liquor licenses expire on June 30th. She reported 21
ABC Liquor has submitted all necessary documents and fees for their off-sale intoxicating liquor 22
license. It was noted the liquor license would be contingent upon a satisfactory criminal 23
background check with the BCA and a satisfactory report from the Mounds View Police 24
Department. It was noted a fire inspection has been scheduled for Thursday, June 2nd. She 25
indicated all utility bills and property taxes have been paid in full. Staff recommended approval 26
of the off-sale liquor license for ABC Liquor, subject to a satisfactory criminal background 27
check, fire inspection and report from the Police Department. 28
29
Mayor Flaherty opened the public hearing at 7:24 p.m. 30
31
Hearing no public input, Mayor Flaherty closed the public hearing at 7:24 p.m. 32
33
Council Member Mueller asked if any portion of a liquor license was refundable. Assistant City 34
Administrator Crane reported a portion could be refunded if approved by the City Council. 35
36
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8571, a 37
Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for ABC Liquor, 38
located at 2840 County Road 10, contingent upon a satisfactory criminal background check, fire 39
inspection and report from the Police Department. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
2. Resolution 8572, a Resolution to Consider an Off-Sale Intoxicating 44
Liquor License Renewal for Big Top Liquor, located at 2577 County 45
Mounds View City Council May 9, 2016
Regular Meeting Page 5
Road 10. 1
2
Assistant City Administrator Crane stated all liquor licenses expire on June 30th. She reported 3
Big Top Liquor has submitted all necessary documents and fees for their off-sale intoxicating 4
liquor license. It was noted the liquor license would be contingent upon a satisfactory criminal 5
background check with the BCA and a satisfactory report from the Mounds View Police 6
Department. It was noted a fire inspection has been scheduled for Thursday, June 9th. She 7
indicated all utility bills and property taxes have been paid in full. Staff recommended approval 8
of the off-sale liquor license for Big Top Liquor, subject to a satisfactory criminal background 9
check, fire inspection and report from the Police Department. 10
11
Mayor Flaherty opened the public hearing at 7:27 p.m. 12
13
Hearing no public input, Mayor Flaherty closed the public hearing at 7:27 p.m. 14
15
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8572, 16
a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for Big Top Liquor, 17
located at 2577 County Road 10, contingent upon a satisfactory criminal background check, fire 18
inspection and report from the Police Department. 19
20
Council Member Mueller thanked Big Top Liquor for conducting internal compliance training 21
for their employees. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
3. Resolution 8573, a Resolution to Consider an Off-Sale Intoxicating 26
Liquor License Renewal for Vino & Stogies, located at 2345 County Road 27
H2. 28
29
Assistant City Administrator Crane stated all liquor licenses expire on June 30th. She reported 30
Vino & Stogies has submitted all necessary documents and fees for their off-sale intoxicating 31
liquor license. It was noted the liquor license would be contingent upon a satisfactory criminal 32
background check with the BCA and a satisfactory report from the Mounds View Police 33
Department. It was noted a fire inspection has been scheduled for Thursday, June 2nd. She 34
indicated all utility bills and property taxes have been paid in full. Staff recommended approval 35
of the off-sale liquor license for Vino & Stogies Liquor, subject to a satisfactory criminal 36
background check, fire inspection and report from the Police Department. 37
38
Mayor Flaherty opened the public hearing at 7:29 p.m. 39
40
Hearing no public input, Mayor Flaherty closed the public hearing at 7:29 p.m. 41
42
MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 8573, a 43
Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for Vino & Stogies, 44
located at 2345 County Road H2, contingent upon a satisfactory criminal background check, fire 45
Mounds View City Council May 9, 2016
Regular Meeting Page 6
inspection and report from the Police Department. 1
2
Ayes – 5 Nays – 0 Motion carried. 3
4
D. 7:00 p.m. Public Hearing: Resolution 8574, a Resolution to Consider an Off-5
Sale 3.2 Malt Liquor License for Speedway SuperAmerica, located at 2640 6
County Road I. 7
8
Assistant City Administrator Crane stated all liquor licenses expire on June 30th. She reported 9
Speedway SuperAmerica has submitted all necessary documents and fees for their 3.2 Malt 10
Liquor License. It was noted the liquor license would be contingent upon a satisfactory criminal 11
background check with the BCA and a satisfactory report from the Mounds View Police 12
Department. It was noted a fire inspection has been scheduled for Thursday, June 2nd. She 13
indicated all utility bills and property taxes have been paid in full. Staff recommended approval 14
of the 3.2 Malt Liquor License for Speedway SuperAmerica, subject to a satisfactory criminal 15
background check, fire inspection and report from the Police Department. 16
17
Mayor Flaherty opened the public hearing at 7:31 p.m. 18
19
Hearing no public input, Mayor Flaherty closed the public hearing at 7:31 p.m. 20
21
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8574, 22
a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for Speedway SuperAmerica, 23
located at 2640 County Road I, contingent upon a satisfactory criminal background check, fire 24
inspection and report from the Police Department. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
E. 7:00 p.m. Public Hearing: Resolution 8562, Adopting a Five Year Financial 29
Plan for 2017 thru 2021. 30
31
Finance Director Beer reviewed the five year financial plan for 2017 through 2021 with the City 32
Council. He explained the City was required to complete this plan on an annual basis and to 33
allow for public comment. He noted this plan was a work in progress that was updated by the 34
Council on a yearly basis. Staff recommended the Council hold a public hearing and adopt the 35
five year financial plan. 36
37
Mayor Flaherty opened the public hearing at 7:34 p.m. 38
39
Hearing no public input, Mayor Flaherty closed the public hearing at 7:34 p.m. 40
41
Council Member Mueller thanked Finance Director Beer for the outstanding report. She 42
appreciated the fact that the specific improvements were broken down year by year. She 43
requested staff to place a copy of the five year financial plan in the City Priorities booklet. 44
45
Mounds View City Council May 9, 2016
Regular Meeting Page 7
Council Member Gunn read Resolution 8562 in full for the record. 1
2
MOTION/SECOND: Gunn/Meehlhause. To Adopt Resolution 8562, Adopting a Five Year 3
Financial Plan for 2017 thru 2021. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
F. Resolution 8575, Approving Severance for Former Police Chief Tom Kinney. 8
9
Assistant City Administrator Crane explained Police Chief Kinney retired from his position on 10
April 29th. It was noted Chief Kinney has been employed with the City since 1985 and was due a 11
payout in accordance with the Mounds View Personnel Manual that amounted to $33,172.20 in 12
sick leave to his retirement health savings plan. She reviewed how this amount was calculated 13
and recommended approval by the City Council. In addition, a payout of unused vacation time 14
was due, which amounted to $19,566.59 to Chief Kinney’s retirement health savings plan. 15
16
Council Member Meehlhause asked if there was a limit as to how much vacation time an 17
employee can accrue. Assistant City Administrator Crane described the limit and carryover that 18
can occur from year to year. Finance Director Beer reported Police Chief Kinney was the last 19
employee that would receive a payout based on the previous personnel standards. 20
21
MOTION/SECOND: Hull/Mueller. To Waive the Reading and Adopt Resolution 8575, 22
Approving Severance for Former Police Chief Tom Kinney. 23
24
Council Member Meehlhause and Council Member Mueller discussed the carryover policies with 25
their previous employers. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
G. Resolution 8576, Approving Brian Dickenson as Public Works GIS Seasonal 30
Intern. 31
32
Assistant City Administrator Crane requested the Council approve the hiring of Brian Dickenson 33
as the Public Works GIS Seasonal Intern. She reviewed the previous actions taken by the 34
Council for this position and noted this would be a temporary, seasonal part-time position geared 35
towards a recent college graduate. She reported Mr. Dickenson would be graduating from the 36
University of Mankato with a GIS degree in December of 2016. She reported this position would 37
be limited to 30 hours per week, was budgeted for a total of 680 hours, and could be no more 38
than 119 days this year. She noted Mr. Dickenson would be paid $11.75 per hour and would 39
begin work on Tuesday, May 10th if approved by the City Council. 40
41
Council Member Mueller questioned who would be supervising Mr. Dickenson. Assistant City 42
Administrator Crane reported Public Works Director Erickson would be supervising Mr. 43
Dickenson, along with Jim Hess. 44
45
Mounds View City Council May 9, 2016
Regular Meeting Page 8
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8576, 1
Approving Brian Dickenson as Public Works GIS Seasonal Intern. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
H. Introduction and First Reading of Ordinance 917, an Ordinance amending 6
Title 1100 of the Mounds View City Code pertaining to Carports and 7
Accessory Uses. 8
9
Planner Sevald explained that accessory buildings include any structure other than the home or 10
principal building. This includes open carports and enclosed private garages. The Zoning Code 11
regulates the placement, size, and appearance of Accessory Buildings based on what zoning 12
district the property is located in. Recently, the City has taken enforcement action on carports 13
(Accessory Buildings) which violate the Zoning Code, but some of the ordinance text is unclear 14
if the intent is to permit Accessory Buildings with “metal” sided exteriors. For this reason, staff 15
was recommending an Ordinance amendment to Title 1100 of the Mounds Vie City Code 16
pertaining to carports and accessory uses. He reported the most significant changes are that a 17
carport may be enclosed on three sides (vs. two); is limited to the storage of operable vehicles 18
and trailers (not miscellaneous items); and its roof is not required to be similar in character to the 19
principal building. Staff explained the Planning Commission reviewed this matter at their April 20
20th meeting and recommends approval of the text amendment to clarify permitted uses of a 21
carport. 22
23
Mayor Flaherty asked if carports were allowed in the manufactured home community. Planner 24
Sevald believed accessory structures within the manufactured home community were limited to 25
216 square feet. 26
27
MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 917, 28
an Ordinance amending Title 1100 of the Mounds View City Code pertaining to Carports and 29
Accessory Uses. 30
31
Council Member Meehlhause did not recall seeing any carports within the mobile home park in 32
Mounds View. However, he has seen carports in the Spring Lake Park mobile home community. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
I. Resolution 8563, Approving a Construction Contract with Twin City Roofing 37
for the City Hall Park Canopy Roof Replacement Project. 38
39
Public Works Director Erickson requested the Council approve a construction contract with Twin 40
City Roofing for the City Hall Park canopy roof replacement project. He indicated this project 41
was included in the 2016 budget and came in lower than anticipated. 42
43
Council Member Mueller questioned if these canopy areas would be completed in time for 44
Festival in the Park on August 20th. Public Works Director Erickson explained the project would 45
Mounds View City Council May 9, 2016
Regular Meeting Page 9
be substantially completed by July 15th with a final date of completion by August 12th. He 1
anticipated the project would take only a week or two to complete. 2
3
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8563, 4
Approving a Construction Contract with Twin City Roofing for the City Hall Park Canopy Roof 5
Replacement Project. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
J. Resolution 8564, Approving a Construction Contract with Lametti & Sons 10
for the 2016 Sanitary Rehabilitation Project. 11
12
Public Works Director Erickson requested the Council approve a Construction Contract with 13
Lametti & Sons for the 2016 Sanitary Rehabilitation Project. He reported 2,500 feet of sewer 14
lines would be lined this year and provided further comment on the positive benefits of relining 15
these sewer lines. He indicated this project was included in the 2016 budget and the bid amounts 16
came in within the budget. 17
18
Council Member Meehlhause asked if Lametti & Sons was the contractor used in the past. 19
Public Works Director Erickson stated this was a new contractor for the City and noted Lametti 20
& Sons was conducting the work on the Met Council project in Mounds View. 21
22
Council Member Mueller requested further information on the slip lining process. Public Works 23
Director Erickson described the televising and slip lining process that would be followed by 24
Lametti & Sons. 25
26
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8564, 27
Approving a Construction Contract with Lametti & Sons for the 2016 Sanitary Rehabilitation 28
Project. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
K. Introduction and First Reading of Ordinance 916, an Ordinance Amending 33
Chapter 1006 of the Mounds View City Code Regarding Certificates of 34
Occupancy and Escrows. 35
36
City Administrator Ericson stated the Ordinance before the Council would make consistent 37
language that was already in place within the City’s fee schedule regarding certificates of 38
occupancy and escrows. He provided further clarification on the Ordinance and recommended 39
the Council waive the first reading and introduce Ordinance 916. 40
41
Mayor Flaherty questioned if the fee schedule rates should be referenced within the Ordinance. 42
City Administrator Ericson recommended the Resolution be referenced and not the actual rates. 43
44
MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance 916, 45
Mounds View City Council May 9, 2016
Regular Meeting Page 10
an Ordinance Amending Chapter 1006 of the Mounds View City Code Regarding Certificates of 1
Occupancy and Escrows. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
L. Resolution 8565, Approve a Construction Contract with Northwest Asphalt 6
for CSAH 10 Trail Segments 6 and 11. 7
8
Public Works Director Erickson requested the Council approve a construction contract with 9
Northwest Asphalt for CSAH 10 trail segments 6 and 11. He noted the City received five bids 10
for this project and the low bid was submitted by Northwest Asphalt. He explained the new trail 11
segments would be 10 feet wide and would include lighting. Staff recommended Alternates #1 12
and #2 not be awarded. 13
14
Council Member Meehlhause asked if there were any other sections of the trail along CSAH 10 15
that did not have lighting. Public Works Director Erickson reported all of the existing trail 16
segments had lighting. 17
18
Council Member Meehlhause understood that if lighting was pursued there may be a private 19
property issue or easement concern. Public Works Director Erickson stated this was the case. 20
21
Council Member Meehlhause supported the City spending an additional $89,000 to light the trail 22
segments. He understood the City would have a $16,000 shortfall and believed this could be 23
covered by the Special Projects Fund. Finance Director Beer reported the project does have a 24
contingency expense written into it and noted the project could come in right on budget if a 25
contingency amount was not required. 26
27
Council Member Meehlhause thanked staff for this clarification. 28
29
Council Member Mueller agreed the lights were necessary and believed now was the time for the 30
City to install the lights as costs would only continue to rise over time. 31
32
Council Member Gunn asked if the new trail at Moe’s would connect to the existing trail. Public 33
Works Director Erickson reported there would be a crosswalk at each intersection to tie them 34
together. He discussed how the intersection at the theater would be designed. 35
36
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8565, as 37
amended, Approving a Construction Contract with Northwest Asphalt for CSAH 10 Trail 38
Segments 6 and 11 to include the base bid and Alternate #1 awarding an amount of $564,948.28. 39
40
Council Member Meehlhause questioned how the project would be funded. Finance Director 41
Beer explained the project would be paid for by the Street Improvement Fund. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council May 9, 2016
Regular Meeting Page 11
8. CONSENT AGENDA 1
A. Schedule a Public Hearing for Monday, May 23, 2016, at 7:00 p.m., to 2
Consider an Off-Sale Intoxicating Liquor License for Keshav Enterprises, 3
Inc., to Operate a Liquor Store Located at 2408 County Road I. 4
B. Schedule a Public Hearing for Monday, May 23, 2016, at 7:00 p.m., to 5
Consider a Conditional Use Permit for a Dynamic Display Sign for Messiah 6
Lutheran Church located at 2848 County Road H2. 7
C. Schedule a Public Hearing for Monday, May 23, 2016, at 7:00 p.m., for the 8
Second Reading and Adoption of Ordinance 917, an Ordinance Amending 9
Title 1100 (the Zoning Code) regarding Carports and Accessory Uses. 10
D. Resolution 8566, Declaring the Official Intent of the City of Mounds View, 11
Minnesota, to Reimburse Certain Capital Expenditures of a Project from the 12
Proceeds of Tax Exempt Bonds. 13
14
MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
9. JUST AND CORRECT CLAIMS 19
20
Finance Director Beer answered the Council's questions related to claims. 21
22
MOTION/SECOND: Gunn/Meehlhause. To Approve the Just and Correct Claims as presented. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
10. APPROVAL OF MINUTES 27
28
None. 29
30
11. REPORTS 31
A. Reports of Mayor and Council. 32
33
Council Member Mueller thanked the Council for offering a proclamation recognizing National 34
Police Week. She stated on Thursday, May 12th a memorial service would be held in 35
Maplewood. 36
37
Council Member Mueller indicated the Festival in the Park Committee would be meeting again 38
on Tuesday, May 17th at 7:00 p.m. She commented this group was still in need of volunteers. 39
40
Council Member Meehlhause reported he would be attending a Twin Cities Gateway board 41
meeting on Tuesday, May 17th. 42
43
Council Member Meehlhause reviewed the NYFS meetings he would be attending in the coming 44
weeks. 45
Mounds View City Council May 9, 2016
Regular Meeting Page 12
1
Council Member Meehlhause noted he attended Nyle Zikmund’s retirement party on Thursday, 2
May 5 th and stated this event was very well attended. He reported a plaque would be placed on 3
the outside of Fire Station #3 recognizing Fire Chief Zikmund’s contributions to the SBM Fire 4
Department. He was pleased to report that Nyle Zikmund would be running for Anoka County 5
Commissioner. 6
7
Council Member Meehlhause commented the Mounds View Lion’s would be holding their 8
annual garage sale on Wednesday, May 18th through Friday, May 20th at Hillview Park. 9
10
Mayor Flaherty indicated he met with seven special needs students at Irondale High School last 11
Monday where he discussed his role as the Mayor of Mounds View. He was proud of these 12
students and appreciated the time he spent with them. 13
14
Mayor Flaherty explained he and City Administrator Ericson met with Superintendent Dan 15
Hoverman today along with newly appointed school superintendent Chris Lennox. He reviewed 16
the matters that were discussed at this meeting. 17
18
Council Member Mueller appreciated when residents followed along with the actions being taken 19
by the City Council. 20
21
B. Reports of Staff. 22
23
Public Works Director Erickson reported he met with the Public Works Facility architect and 24
noted the parcel would be surveyed this week. He indicated he would be visiting with the City of 25
Vadnais Heights City Engineer Mark Graham in the near future to discuss their Public Works 26
Facility. 27
28
Public Works Director Erickson explained work had begun on Area I last week and utility work 29
would begin this week. He commented the dewatering pumps would be running for the next few 30
weeks. 31
32
Public Works Director Erickson stated he attended a meeting at Ramsey County this morning 33
where City led projects were discussed. 34
35
Public Works Director Erickson updated the Council on the solar panel project. 36
37
Public Works Director Erickson commented the City was close to receiving approval on both of 38
the Silver View Trail easement agreements. 39
40
City Administrator Ericson discussed how staff was working on drafting brew pub language to 41
allow this amenity within the community. 42
43
C. Reports of City Attorney. 44
45
Mounds View City Council May 9, 2016
Regular Meeting Page 13
There was nothing additional to report. 1
2
12. Next Council Work Session: Monday, June 6, 2016, at 7:00 p.m. 3
Next Council Meeting: Monday, May 23, 2016, at 7:00 p.m. 4
5
13. ADJOURNMENT 6
7
The meeting was adjourned at 8:46 p.m. 8
9
Transcribed by: 10
11
Heidi Guenther 12
TimeSaver Off Site Secretarial, Inc. 13
Item No: 11B
Meeting Date: March 23, 2016
Type of Business: _____Reports
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jon Sevald, Planner
Date: May 23, 2016
Item Title/Subject: Accessory Dwelling Units
Introduction:
At the May 2, 2016 Council Work Session, a resident requested that the City Council
consider allowing an “Accessory Dwelling Unit” within the R-1 Single Family Residential
District, specifically, an apartment above the garage. The Council requested that Staff
look into this topic further.
Discussion:
An Accessory Dwelling Unit (ADU) is a second dwelling unit on a property, separate
(independent) from the primary dwelling. Examples include a “Mother In-law
apartment”, a living area above an attached or detached garage, a basement apartment
with a separate entrance from the main-house, or a separate structure altogether.
The Zoning Code does not permit Accessory Dwelling Units.1 The intent of the R-1
District is to allow single-family residences (vs. two-family). Two-Family Dwelling Units
are permitted in the R-2 District.
Staff’s interpretation of the City Code 2 is that a single-family home in the R-1 District
cannot be occupied by two independent families, in which each dwelling unit includes a
“complete kitchen” and living quarters. Additionally, a single-family home may have
space rented to no more than two boarders 3 if there is a common entrance between all
living areas. An example includes a rented basement bedroom, which may have a
basement kitchen and living area that is accessible to all within the single-family home,
and has a common exterior entrance. The key is that the area rented does not meet
the definition of a “Two-Family Dwelling”;
Zoning Code, Section 1102.02 (Definitions)
Subd. 43. DWELLING, TWO-FAMILY: A dwelling designed exclusively for
occupancy by two (2) families living independently of each other, also known as
double bungalow, duplex, side-by-side two (2)-family dwellings.
Survey of Area Cities:
Staff surveyed area cities regarding how they regulate ADU’s. A summary of their
1 Zoning Code, Section 1103.02, Subd 1; Dwelling Unit Restrictions
2 Zoning Code, Section 1102.02, Subd 43; Dwelling, Two-Family Unit, and Subd 44; Dwelling Unit
3 Zoning Code, Section 1102.02, Subd 44; Dwelling Unit
responses are as follows:
• Blaine: ADU’s are not permitted.
• Coon Rapids: ADU’s are not permitted.
• Fridley: ADU’s are not permitted.
• Hugo: Permits ADU’s in a detached garage for occupation by a family
member, caretaker, or employee (or similar). The ADU cannot
be rented as a second dwelling unit.
• Mound: ADU’s are not permitted.
• New Brighton: Permits “Separate living quarters for domestic servants
employed on the premises provided that the premises contains
a minimum area equal to two ordinary minimum sized lots in this
district” , (i.e. the lot must be at least twice the size of the
minimum lot size).
• Roseville: Permits ADU’s. Either the single-family home or the ADU must
be occupied by the property owner. The ADU may have a
maximum of one bedroom and two occupants. The ADU
requires one additional off-street parking space. The ADU may
include a Home Occupation. The ADU shall be a minimum of
300 sq ft in size, and a maximum of 650 sq ft, or 75% of the
single-family home area. A rental registration and an ADU
permit are required. Prior to permitting, the City notifies
neighbors within 100’, providing 7 days to submit comments to
the City. The City may place conditions upon the ADU permit.
If non-compliant, the ADU permit may be revoked, providing a
60-day notice. Upon revocation, the ADU may only be occupied
by family members. An ADU permit expires with a change in
ownership.
• Shoreview: Permits ADU’s (referred to as an “accessory apartment”). ADU
must be attached to a Home at least 850 sq ft in size. The ADU
shall be 500 – 850 sq ft in size, and no larger than 30% of the
building’s total floor area. The ADU may have up to two
bedrooms. The property must have at least three off-street
parking spaces, two of which must be enclosed. The Home
shall be owner occupied. The ADU may be administratively
approved.
• Spring Lake Park: ADU’s are not permitted.
• West St. Paul: ADU’s are not permitted.
Articles of Interest:
Attached, please find two articles:
• “Bloomington couple re-engineer ‘90’s house for multigenerational living”.
Star Tribune, May 14, 2016.
In summary, a couple remodeled their single-family home, including a basement
bedroom, kitchen, and laundry room into an “apartment” for the wife’s senior mother.
This would be permitted in Mounds View, if the basement were openly accessible by
a common stairwell. As such, this would be interpreted as a Single-Family Dwelling
(not an apartment).
• “Zoning for Accessory Housing”. Zoning Practice, July 2012.
In summary, the demand for ADU’s is a solution to providing for independent
quarters for a caretaker or family member, and to provide for affordable housing.
Questions to be considered include; are ADU’s within single-family residential areas
acceptable to the neighborhood; should the property owner be required to live in the
primary residence or ADU (vs. renting both out); is there adequate parking; and what
is the permitting process (permitted use vs. conditional use).
Summary:
A Mounds View resident proposed to Staff a home addition, including an attached
garage with an apartment above the garage. The apartment would share an exterior
entrance (common stairwell). The apartment would include a bedroom, living room and
kitchen, and is intended to be rented. It is Staff’s interpretation of the City Code that the
apartment would be a Second Dwelling Unit, which is not permitted within the R-1
Single-Family Residential District.
Within the R-1 District, bedrooms may be rented to no more than two boarders, such
that the rented units (bedrooms) are not independent Dwelling Units.
Although the proposed home addition would include a common exterior entrance
(stairwell), it is Staff’s understanding that the home and apartment would not be freely
accessible by each other’s occupants. Thus, the apartment would be a second
dwelling, which is not permitted in the R-1 District. If the two were freely accessible (i.e.
no locked doors), there would not be a Second Dwelling Unit (similar to the example in
the attached Bloomington article).
Recommendation:
Staff recommends that ADU’s be discussed as a topic during the Comprehensive Plan
update (2016-2018). If the Council would like to expedite this discussion, Staff can
prepare a report for the Planning Commission as a discussion item.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments:
Applicable Sections of the City Code
Article – Bloomington couple re-engineer ‘90s house for multigenerational living
Article – Practice Accessory Housing (Zoning Practice, July 2012)
Applicable Sections of the City Code
1102.02: DEFINITIONS:
Subd. 42. DWELLING, SINGLE-FAMILY: A detached dwelling unit designed
exclusively for occupancy by one (1) family.
Subd. 43. DWELLING, TWO-FAMILY: A dwelling designed exclusively for
occupancy by two (2) families living independently of each other, also known as
double bungalow, duplex, side-by-side two (2)-family dwellings.
Subd. 44. DWELLING UNIT: Residential accommodation, including complete
kitchen facilities, permanently installed, which are arranged, designed, used or
intended for use exclusively as living quarters for one (1) family and not more than
an aggregate of two (2) roomers or boarders. Where a private garage is structurally
attached, it shall be considered as a part of the building in which the dwelling unit is
located.
Subd. 47. FAMILY: One (1) or more persons, each related to the other by blood,
marriage or adoption, or a group of not more than four (4) persons not all so related,
together with their domestic servants or gratuitous guests, maintaining a common
household and using common cooking and kitchen facilities.
1103.02: DWELLING UNIT RESTRICTIONS:
Subd. 1. No cellar, garage, tent, recreational vehicle, travel trailer or accessory
building shall at any time be used as an independent residence or dwelling unit,
temporarily or permanently.
1106.03: [PERMITTED] ACCESSORY USES [R-1, Single-Family Residential District]:
Subd. 6. Boarding: Boarding or renting of rooms to not more than one (1) person.
480000v1 SJR MU125-11
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: May 19, 2016
To: Jim Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Review rental dwelling licensing standards with regards to crime-free housing
component and draft revised language for City review. Consult with City staff
regarding ministerial corrections in City Code. Consult with City staff regarding
data practices requests. Consult with City staff regarding donation of surplus
equipment. Matters are presently pending.
MU125-14: Public Works Matters. Review Ramsey County Maintenance Agreement. Matter
is presently pending.
MU210-54: City Code Updates. Awaiting final review by City staff. Work on revision to
City Code. Matter is presently pending.
MU210-111: General Employment Matters. Consult with City staff regarding hiring process
issues. Review EEOC documentation. Consult with City staff and LMCIT
regarding same. Matters are presently pending.
MU210-179: Street Improvement Projects. Review contracts for street projects. Review Area I
driveway matter. Consult with City staff regarding same. Matter is presently
pending.
MU210-221: LMCIT/DVS General. Several notices of legal claims have been presented to the
City and have been tendered for defense by the League of Minnesota cities
Insurance Trust. Consult with City staff and City Council. Consult with LMCIT
attorneys. Matters are presently pending.
&
Jim Ericson
May 19, 2016
Page 2
480000v1 SJR MU125-11
MU210-238: Energy Savings Program. Review Xcel documents. Consult with City staff
regarding same. Matter is presently pending.
MU210-239: Silver View Trail Easements. Follow-up on easements and obtaining signatures
to documents. Consult with City staff regarding project. Matter is presently
pending.
MU210-242: Minor Subdivision of 7800 Eastwood. Review documents and revise easements
regarding lot split. Consult with title company regarding title issues. Consult
with City staff regarding same. Matter is presently pending.
MU210-243: Woodcrest Park Wetland Mitigation. Review documents and consult with City
staff regarding same. Matter is presently pending.
MU210-244: G.O. Capital Improvement Bonds, Series 2017. Prepare reimbursement
resolution for a possible future capital improvement plan bond. Matter is
presently pending.
MU210-245: Public Works Facility. Review architect agreement and provide comments to
City staff. Matter is presently pending.
SJR:jms