HomeMy WebLinkAboutAgenda Packets - 1996/08/26 • CITY OF MOUNDS VIEW
CITY COUNCIL
•
AUGUST 26, 1996
ACCENDA
The City Council is provided background information for agenda items in advance by staff and appointed
commissions, committees and boards. Decisions are based on this information, as well as City policy and practices,
input from constituents and a Councilmember's personal judgement. If you have comments, questions or
information regarding an item on the agenda,please step forward to be recognized by the Mayor during the
"Residents Requests and Comments From the Floor"item on the agenda. Please state your name and address for
the record All comments are appreciated A copy of all printed materials relating to the agenda item is available
for public inspection at the Recording Secretary's Table.
1. CALL TO ORDER
410 2. PLEDGE OF ALLEGIANCE
3. ROLL CALL - _Linke
• _ Hankner _Blanchard
_ Trude _Quick
4. Agenda Additions
Item 1:
Item 2:
Item 3:
5. APPROVAL OF MINUTES:
August 12, 1996
• 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
Park and Recreation Commission Meeting Minutes -June 27, 1996
AGENDA
PAGE 2
AUGUST 26, 1996
Cable Commission Meeting Minutes -June 12, 1996
Cable Commission Meeting Minutes -July 10, 1996
7. SPECIAL ORDER OF BUSINESS:
a. Resolution Commending Deputy Fire Chief Harold D. Hovland for His Service to
the Spring Lake Park/Blaine/Mounds View Fire Department
COUNCIL ACTION: A T D
Comments:
b. Resolution Commending Fire Operator Michael J. Welle for His Service to the
Spring Lake Park/Blaine/Mounds View Fire Department
COUNCIL ACTION: A T D
Comments:
8. CONSENT AGENDA
A. Resolution No. 4998 Approving Just and Correct Claims Against City Funds
B. Licenses for Approval
Cement
CCS Concrete & Masonry, Inc. -New
Sign
Universal Sign, Inc. -Renewal
•
AGENDA
PAGE 2
AUGUST 26, 1996
Cable Commission Meeting Minutes -June 12, 1996
Cable Commission Meeting Minutes -July 10, 1996
7. SPECIAL ORDER OF BUSINESS: •
a. Resolution Commending Deputy Fire Chief Harold D. Hovland for His Service to
the Spring Lake Park/Blaine/Mounds View Fire Department
COUNCIL ACTION: A T D
Comments:
•
b. Resolution Commending Fire Operator Michael J. Welle for His Service to the
Spring Lake Park/Blaine/Mounds View Fire Department
COUNCIL ACTION: A T D
Comments:
8. CONSENT AGENDA
A. Resolution No. 4998 Approving Just and Correct Claims Against City Funds
B. Licenses for Approval
Cement
CCS Concrete & Masonry, Inc. -New
Sign
Universal Sign, Inc. Renewal
• AGENDA
PAGE 3
• AUGUST 26, 1996
HVAC
Metro Gas Installers -New
Kennel- Renewal
Sham-O-Jet Kennels - Commercial
Richard and Julie Oliverius - Residential
Mary Niezgocki - Residential
9.
RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
Citizens'comments are encouraged to allow individual citizens to address the Council, as a whole, on a
matter of interest or concern to the citizens. The preservation of the Citizens'Comments item on the
agenda is important in order to encourage and maintain this information flow. To preserve and protect
this valuable communications link, a speaker is limited to three(3) minutes.
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES
10. PUBLIC HEARINGS:
•
7:05 p.m. Public Hearing to Consider PUD Amendment to Increase Parking and
Development Review for Everest Property at 5251 Program Avenue,
Planning Case No. 453-96, Resolution Nos. 4991 and 4997. Staff Report
No. 96-1820C
•
COUNCIL ACTION: A T D
Comments:
7:10 p.m. Public Hearing to Consider Ordinance No. 588, an Ordinance Amending
the Development Contract Language of Chapter 1006.06, Subd. 4 of the
Municipal Code. Planning Case No. SP-0007-96. Staff Report No. 96-
1821C
COUNCIL ACTION: A T D
•
Comments:
AGENDA
PAGE 4
•
AUGUST 26, 1996
7:15 p.m. Public Hearing to Consider Ordinance No. 589 An Ordinance Amending
Chapter 1301, Entitled, "Flood Plain Zoning"by Amending the Definition
of Structure in Section 13.01.04 Subd. 15; Section 1301.07 Subd . 7 on
Flood Insurance Notice and Record Keeping; Section 1301.10 Subd. 5 on
Travel Trailers and Travel Vehicles; Section 1301.10 Subd. 2.c. (3) on
Accessory Structures; and Section 1301.13 Subd. 2 on Nonconforming
Uses, and to correct minor typographical errors and errors in Cross-
References. Planning Case No. SP-0002-96. Staff Report No. 96-1822C
COUNCIL ACTION: A T D
Comments:
11 . COUNCIL BUSINESS:
A. Consideration and Formal Introduction of Ordinance No. 583 An Ordinance i
Relating to Therapeutic Massage License Regulations: Amending Title 500 of the
Mounds View Municipal Code by Adding a New Chapter 514. Staff Report No.
96-1823C (Staff Presenter: Chuck Whiting, Clerk Administrator)
COUNCIL ACTION: A T D
Comments:
B. Consideration of Resolution No. 4984 Supporting Cooperative Livable Cities
Demonstration Grant Application to Metropolitan Council for I-35W Corridor
Coalition Planning Activities, Staff Report No. 96-1824C (Staff Presenter: Chuck
Whiting, Clerk-Administrator)
COUNCIL ACTION: A T D
Comments:
AGENDA
PAGE 4
AUGUST 26, 1996
7:15 p.m. Public Hearing to Consider Ordinance No. 589 An Ordinance Amending
Chapter 1301, Entitled, "Flood Plain Zoning"by Amending the Definition
of Structure in Section 13.01.04 Subd. 15; Section 1301.07 Subd . 7 on
Flood Insurance Notice and Record Keeping; Section 1301.10 Subd. 5 on
Travel Trailers and Travel Vehicles; Section 1301.10 Subd. 2.c. (3) on
Accessory Structures; and Section 1301.13 Subd. 2 on Nonconforming
Uses, and to correct minor typographical errors and errors in Cross
References. Planning Case No. SP-0002-96. Staff Report No. 96-1822C
COUNCIL ACTION: A T D
Comments:
11 . COUNCIL BUSINESS:
A. Consideration and Formal Introduction of Ordinance No. 583 An Ordinance
Relating to Therapeutic Massage License Regulations: Amending Title 500 of the
Mounds View Municipal Code by Adding a New Chapter 514. Staff Report No.
96-1823C (Staff Presenter: Chuck Whiting, Clerk Administrator)
COUNCIL ACTION: A T D
Comments:
B. Consideration of Resolution No. 4984 Supporting Cooperative Livable Cities
Demonstration Grant Application to Metropolitan Council for I-35W Corridor
Coalition Planning Activities, Staff Report No. 96-1824C (Staff Presenter: Chuck
Whiting, Clerk-Administrator)
•
COUNCIL ACTION: A T D
Comments:
AGENDA
PAGE 5
AUGUST 26, 1996
12. REPORTS:
1. Report of Councilmembers:
Trude:
Hankner:
Blanchard:
Quick:
2. Report of Mayor Linke:
3. Report of Clerk Administrator:
4. Report of Staff:
5. Report of Attorney:
NEXT COUNCIL WORKSESSION: TUESDAY, SEPTEMBER 3, 1996
NEXT COUNCIL MEETING: SEPTEMBER 9, 1996
13. ADJOURNMENT:
•
APPROVED
Page 1
• July 29, 1996
Mounds View City Council
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
Regular Meeting
July 29, 1996
Mounds View City Hall
2401 Hwy. 10,Mounds View,MN 55112
**********************************************************************************
CALL TO ORDER
The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on July 29, 1996.
PLEDGE OF ALLEGIANCE
ROLL CALL
MEMBERS PRESENT: Mayor Linke, Council members Trude,
Blanchard,Quick and Hankner
•
ALSO PRESENT: Chuck Whiting,City Administrator
Joyce Pruitt,Planning Associate
ADDITIONS TO THE AGENDA:
There were no additions to the Agenda.
APPROVAL OF MINUTES:
a. July 15, 1996 Regular City Council Meeting minutes were amended to read as follows:
Line 11,page 6,He noted that this was in error as the code does not allow the rental or leasing of a trailer.
Line 19, page 6, Signage to Chapter 1008,Entitled,"Signs and Billboards,"as amended,contingent,upon
the review and approval of the change by the City Attorney and to waive the reading.
July 15, 1996 Regular City Council Meeting minutes were approved as amended.
' MOTION/SECOND:Trude/Quick to approve July 15, 1996 Regular City Council Meeting Minutes as
amended.
Page 2
•
July 29, 1996
Mounds View City Council
ROLL CALL VOTE:
VOTE: 5 ayes 0 nayes Motion Carried,
ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
There were no Advisory Commission Minutes to be accepted at this meeting.
SPECIAL ORDER OF BUSINESS:
The Director,Assistant Director, Captains,and other representatives of the Colonial Village Mobile Home
Park were present to recognize Police Officer Tom Baumgart,Mayor Jerry Linke, and the entire City
Council for their hard work and cooperation in getting the Crime Watch up and going at Colonial Village.
Officer Baumgart,Mayor Linke and the City Council were presented with Certificates of Appreciation.
CONSENT AGENDA:
Mr. Whiting,Clerk Administrator read the Consent Agenda as follows:
A. Resolution Ratifying the Appointment of Election Judges for the September 10, 1996 Primary Election
and November 5, 1996 General/Municipal Election. Resolution No.4980.
B. Set Public Hearing to Consider the 1996 Long Term Financial Plan for 7:05 p.m.,Monday,August 12,
1996.
C. Licenses for Approval
HVAC-Renewal
Lakes Air
Water/Sewer-Renewal
Robarge Excavating
Pete's Water and Sewer
Cement-Renewal
D. A. Distribution DBA Coronado Stone
Mayor Linke asked if there were any Council Members wishing to have any items removed from the
Consent Agenda. He asked that Item B be removed.
MOTION/SECOND: Hankner/Quick to approve the Consent Agenda,with the removal of item B.
•
VOTE: 5 ayes 0 nays Motion Carried
Mayor Linke explained that he had requested that Item B be removed as he does not feel staff will be •
adequately prepared to present the 1996 Long Term Financial Plan on August 12, 1996.
Page 3
• July 29, 1996
Mounds View City Council
Mr.Chuck Whiting,City Administrator,explained that the Public Hearing was already advertised in the
Mounds View Matters newsletter. One option would be to go ahead and open the Public Hearing and then
to continue it at a later meeting,explaining to the public the reason for doing so.
MOTION/SECOND: Hankner/Quick to set the Public Hearing to consider the 1996 Long Term Financial
Plan for 7:05 p.m.,Monday,August 12, 1996.
VOTE: 5 ayes 0 nays Motion Carried
RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: •
Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to
the Council on items that were not on the Agenda.
There were no comments from the floor.
•
PUBLIC HEARINGS:
• Consideration of a Conditional Use Permit to Construct an Oversized Garage,Jerome Espeseth,
8005 Woodlawn Drive.
Mayor Linke opened the Public Hearing at 7:15 p.m.
Ms.Joyce Pruitt,Acting Community Development Director,explained that Jerome Espeseth has submitted
an application for a Conditional Use Permit to allow him to construct an oversized detached garage. She
noted that an existing garage and shed are located on the property,but that Mr.Espeseth has been informed
that he will need to remove these structures and that no other accessory structures can be constructed on the
property if the CUP is granted. The Planning Commission has recommended approval of the CUP
request,with the following contingencies:
1) the conditional use permit be recorded with Ramsey County within 60 days of City Council approval
and proof of such recording be presented to the City of Mounds View;
2) the building be designed and maintained to provide a uniform appearance with the dwelling unit;
3) the existing garage and shed be removed from the property prior to construction of the garage;
4) should the use change for what the permit was granted for,the permit shall become null and void;
5) whenever,within one year after granting this conditional use permit,the work permitted by this permit
shall not have been completed,then such permit shall become null and void unless a petition for extension
of time in which to complete the work has been granted by the City Council;and
6) Jerome Espeseth enter into a Development Agreement with the City of Mounds View.
• With no further questions from the City Council or from the public,Mayor Linke closed the Public
Hearing at 7:22 p.m.
Page 4
July 29, 1996 •
Mounds View City Council
•
MOTION/SECOND: Quick/Hankner to approve Resolution No.4975,Approving a Conditional Use
Permit to Allow an Oversized Garage for Jerome Espeseth,8005 Woodlawn Drive,Mounds View.
VOTE: 5 ayes 0 nays Motion Carried
•
Consideration of a Conditional use Permit Request and Development Review to Construct a 6,166
Square Foot Addition,Cross of Glory Evangelical Lutheran Church,5472 Adams Street.
Mayor Linke opened the Public Hearing at 7:23 p.m.
Ms.Pruitt explained that Cross of Glory Evangelical Lutheran Church is requesting a Conditional Use
Permit and development review to allow them to construct a 6,166 square foot addition to the existing
facility. The addition would primarily utilized for meeting places for children between services. They are
proposing that an additional 14 parking spaces will be provided.
Ms.Pruitt noted that the Planning Commission recommended approval of the Conditional Use Permit
request and the Development Review request at their July 10, 1996 meeting. After consulting the City
Attorney,Bob Long, in regard to his interpretation of the fire suppression ordinance, it was determined that .
the City can require an existing building to install automatic fire suppression systems anytime the existing
building is increased in floor area through a new addition. She proceeded to discuss the options available
to the applicant to assist them in meeting the fire suppression system requirements.
Ms.Hankner asked that Bob Long,City Attorney,give the public a brief explanation of the fire
suppression system requirements in the City of Mounds View. He explained that on June 27, 1983,the
Council adopted Ordinance No.343 in which the city amended the fire code. As part of that amendment,
the city amended Section 60.02 of the Mounds View Municipal Code where they included in the code
Appendix E of the State Building Code(Fire Suppression requirement for various types of buildings).
The requirement was inadvertently omitted and not included in the current book. However,it was
intended,approved and adopted. The code states that if a building is added on to,and the floor area is
increased,the entire building must be brought up to code.
Mr.Gary Olson, 12979 Killdeer Street N.W.,representing Cross of Glory Evangelical Lutheran Church,
stated it is their intention to construct a building that meets all of the city,state and federal codes.
However,he does not want to see the city impose any special requirements on their facility that would not
be imposed on any other facility at this time. He feels that making special requirements a part of the
Conditional Use Permit is unnecessary as they are required to meet code requirements.
It was felt that Contingency#5 of Resolution 4976 should be eliminated.
Peter Craig, 5493 Erickson Road,stated the property owners had alley rights at one time at the back of
their properties which is adjacent to the church. The church was allowed to take over that property
several years ago to use for landscaping. He wondered if they would be using that additional land to
increase the size of their building.
Mayor Linke explained that the church will still need to meet the setback requirements. The first 30 feet •
can only be used for landscaping.
• Page 5
July 29, 1996
Mounds View City Council
Bob Klaiber,5135 Eastwood Road,Pastor of Cross of Glory,noted that the corporate name of the church is
incorrect in the information. The correct name is Cross of Glory English Evangelical Lutheran Church.
Mayor Linke closed the Public Hearing at 7:46 p.m.
MOTION/SECOND: HanknerBlanchard to Approve Resolution No.4976,Approving a Conditional Use
Permit to Allow an Oversized Conditional Use Permit Request for an Expansion to the Existing Facility by
Cross of Glory Evangelical Lutheran Church,5472 Adams Street,with the inclusion of the word"English"
in the church name, the deletion of Item 5 and an amendment to Item 2(second line). . .appearance with
the EXISTING STRUCTURE.
VOTE: 5 ayes 0 nays Motion Carried
MOTION/SECOND: Hankner/Trude to amend Resolution No.4976,to read as follows: . . .WHEREAS,
the Mounds View Municipal Code allows for churches in an R-1 zone district with the issuance of a
Conditional Use Permit;and. . ."
VOTE: 5 ayes 0 nays Motion Carried
MOTION/SECOND: Trude/Quick to approve Resolution No.4978,Approving the-Development Request
of Cross of Glory Evangelical Lutheran Church,5472 Adams Street, AS AMENDED to include the word
"English" in the church name,and to remove Item 4,renumbering the remaining contingencies.
VOTE: 5 ayes 0 nays Motion Carried
Consideration of a Conditional Use Permit and Development Review to Construct an Oversized
Garage, Church Upon the Rock,7901 Red Oak Drive.
Mayor Linke opened the Public Hearing at 7:49 p.m.
Ms.Pruitt explained that Church Upon the Rock is requesting a conditional use permit and development
review to construct at 24'X 52'oversized garage for storage space. She noted that approval of this request
will free up space within the church which is currently used for storage,thus providing additional space for
classrooms. Presently,some of the temporary structures on the property are used for classroom space.
The applicant has been informed that no other structures will be allowed on the premises and that removal
of such would be required prior to construction of the new garage.
Ms.Pruitt noted that the city did receive one letter of opposition from a resident at 7979 Red Oak Drive,
who felt there were already too many accessory structures on the site. After staff informed her that all of
the others on the site would need to be removed as part of a contingency on the conditional use permit,she
asked to rescind her letter of opposition.
James Anderson,7930 Sunnyside Road,asked staff to show where the new garage would be located on the
site. Ms.Pruitt proceeded to do so.
' Mayor Linke closed the Public Hearing at 8:08 p.m.
Page 6 .
July 29, 1996
Mounds View City Council
MOTION/SECOND: Trude/Quick to approve Resolution No.4977,Approving a Conditional Use Permit
to Allow an Oversized Garage for Church Upon the Rock,7901 Red Oak Drive, WITH AN
AMENDMENT changing the second contingency to read as follows: (2.)" . . .to provide a uniform
appearance with SIMILAR NEIGHBORING STRUCTURES."
VOTE: 5 ayes 0 nays Motion Carried
MOTION/SECOND: Trude/Quick to approve Resolution No.4979,Approving the Development Request
of Church Upon the Rock,7901 Red Oak Drive, WITH AN AMENDMENT,changing the second
contingency to read as follows: ". . .to provide a uniform appearance with similar neighboring structures".
VOTE: 5 ayes 0 nays Motion Carried
Consideration of Introduction of Ordinance No.587,an Ordinance Amending Title 1100 by Adding
a New Chapter 1126 Establishing a 180 Day Moratorium on New Use,Development or Construction
of Commercial Wireless Telecommunication Towers and Antennas Within the City of Mounds View.
Mayor Linke opened the Public Hearing at 8:10 p.m.
Ms.Pruitt explained that currently the city code does not regulate the siting of telecommunication facilities .
within the city. Based on market demand and the city receiving inquiries from other companies regarding
their desire to construct telecommunication facilities within the city,staff is requesting that the city impose
a 180-day moratorium on new use,development or construction of commercial wireless
telecommunication towers and antennas within the City of Mounds View. She further requested that the
Planning Commission be requested to draft the telecommunication ordinance and when it is completed,
that a copy be brought to the city council for their review and consideration.
MOTION/SECOND: Blanchard/Quick to approve the Introduction of Ordinance No. 587,an Ordinance
Amending Title 1100 by Adding a New Chapter 1126 Establishing a 180 Day Moratorium on New Use,
Development or Construction of Commercial Wireless Telecommunication Towers and Antennas Within
the City of Mounds View.
VOTE: 5 ayes 0 nays Motion Carried
Public Hearing to Consider the Sale of the Off-Sale Liquor License to James Karels,Murzyn
Liquors,2840 Highway 10.
Mr. Whiting asked that this public hearing be tabled as the current owner has some questions and also the
city did not get the proper notification in the newspaper. Therefore,the notice will need to be
republished.
MOTION/SECOND: Hankner/Trude to table the Public Hearing to Consider the Sale of the Off-Sale
Liquor License to James Karels,Murzyn Liquors,2840 Highway 10,and to re-set the Public Hearing for
Monday,August 12, 1996 at 7:11 p.m.
VOTE: 5 ayes 0 nays Motion Carried .
•
• Page 7
July 29, 1996
Mounds View City Council
COUNCIL BUSINESS:
A. Request Approval of Resolution No.4981 regarding LELS terms for 1996-97 Contract.
Mr.Whiting explained that after negotiating with LELS,the city has agreed to terms for a two year
• contract covering 1996 and 1997. Notable points of the agreement include the addition of a mediation
step option in the grievance procedure,formalizing the city's current policy of 50 hours of accumulated
comp time,a small adjustment in the officer's uniform allowance,reduction of sick leave from 15 days to
13 days per year,the option of utilizing accumulated sick leave for ongoing health insurance premium
payment upon retirement, 3%wage increases for both 1996 and 1997,and a small adjustment to the
investigator's pay.
MOTION/SECOND: Hankner/Trude to approve Resolution 4981,Approving the Union Contract and the
Compensation Schedule and Insurance Contribution Schedule for Police Union.
VOTE: 5 ayes 0 nays Motion Carried
REPORTS:
. Report of Council members:
Quick: No report.
Blanchard: Ms.Blanchard wished to comment on the beautiful flowers planted in front of City Hall and
wanted to commend those who have made the flowers possible.
Hankner: No report.
Trude: Ms.Trude stated she had met with the Park&Recreation Commission and wished to inform the
public that Random Park on Long Lake Road will be having new playground equipment installed,which is
especially appropriate for preschoolers. She also noted that the performances of"Annie"have been very
well attended at Irondale High School and the performances continue through the weekend.
The Parks&Recreation Commission has been informed by a person involved in Community Theater that
they would love to do a Winter production if the BelRae is available for them to use. Ms. Trude stated she
feels the Council should authorize the Parks&Recreation Commission to begin looking at uses for the
BelRae while the council and staff are trying to determine what other programs will go in there.
Ms.Hankner stated the council and staff do not know at what point they will be making decisions on the
building and therefore it is difficult to know how far out things can be scheduled, or what liabilities would
go along with it. She feels this is another example of something that is not being well thought through.
She feels it would be inappropriate and she would not be in support of it.
Ms.Trude stated she was merely asking that the Park&Recreation Commission provide suggestions.
Mayor Linke stated he would support Ms.Trude's suggestion as he does not see the difference between
• planning an event there or going over to another site to plan an event when the facility is available. No
matter where they hold an event,the operation costs will be there.
Page 8
July 29, 1996
Mounds View City Council
Ms.Blanchard stated she felt this was a very good idea in that the city has a Park and Recreation
Commission that knows the community and they can give suggestions. She would support Ms. Trude's
suggestion.
Ms. Trude stated she is only suggesting that the Park and Recreation Commission be authorized to suggest
programs for the site. The suggestions would have to be brought back to the staff. She thinks however,
that at some point the council should authorize staff to put the facility on the computer and allow it to be
used like the other facilities. The site will be used for elections sonot much can be done with the site prior
to that time anyway.
Mr. Whiting stated he is not sure that the city is in a position to try to implement programs in a short time
over at the BelRae,however he does not see any harm in having the Park&Recreation Commission look
at potential uses and programs that they may want to see over there. Those suggestions would need to
come back to the Council and he would like to have staff evaluate manpower costs,etc.
MOTION/SECOND: Trude/Blanchard to authorize the Park&Recreation Commission to suggest
programs for use in the Bel Rae and report back to the Council.
VOTE: 3 ayes 2 nays(Hankner&Quick) Motion Carried
Ms. Trude stated she would like staff to look at whether functions can be held at the BelRae and report •
back to the Council at a work session.
Ms.Trude suggested that staff contact the telephone company to see if an outside telephone can be
installed at city hall. This would be especially helpful if an emergency arises after city hall is closed.
Mr. Quick stated he voted against Ms.Trude's motion because he feels there is a lack of planning and he
cannot support it on those grounds. He feels there has been ample time to do a lot of planning and the
entire BelRae project could have been planned out in the time that the city has had.
Report of Mayor Linke: Mayor Linke thanked everyone who was involved in the festival and the
committee that put it together. He also reminded the public that the dates for those who are interested in
filing for City Council seats will be from August 27, 1996 at 8:00 a.m.to September 10, 1996 at 4:30 p.m.
Report of Administrator: Mr. Whiting stated he and the City Attorney both attended a meeting with two
representatives from MAC regarding the use of the airport in Anoka County.
Mr.Long,City Attorney noted that Mr.McCarty had raised an issue some time ago about whether or not
MAC was in compliance with the airport decree that was entered into in 1986 at the Blaine/Anoka airport.
At the meeting they went through all the documents. What needs to be determined is what percentage of
aircraft out there exceed the 12,500 pound limit. From the licensed aircraft based there, it appears that 5%
of the aircraft is above the weight limits. They will be providing the city with a listing of operations of
the aircraft. This will include not only the aircraft based there but also others using the airport. After
obtaining the information, it will be necessary for the city to determine what amount of aircraft exceeding
the weight limits make the airport more than a"minor use facility".
Ms. Trude stated she would also like to get a legitimate telephone number for airport complaints. She has .
experienced,as have others,that when one calls the number listed, it is either busy or unanswered.
• Page 9
July 29, 1996
Mounds View City Council
Mayor Linke stated the Next Council Meeting is August 12, 1996. The next Council Work Session is
August 5, 1996.
Mayor Linke adjourned the meeting at 8:53 p.m.
Respectfully submitted,
'rivyytAl ,c- //6/cfri
Tamara D. Saefke
Recording Secretary
111
•
RESOLUTION NO. 4994 ITEM 7A
•
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION COMMENDING DEPUTY FIRE CHIEF HAROLD D. HOVLAND FOR HIS SERVICE TO
THE SPRING LAKE PARK/BLAINE/MOUNDS VIEW FIRE DEPARTMENT
WHEREAS, the Spring Lake Park/Blaine/Mounds View Fire Department has announced the retirement of
Deputy Chief Harold D. Hovland; and
WHEREAS, Mr. Hovland is retiring after completing 21 years of service with the department, having
joined the department on August 19, 1975; and
WHEREAS, Mr. Hovland was promoted several times throughout his tenure at Spring Lake
Park/Blaine/Mounds View Fire Department as Acting Captain/Station 5 in September 1980; to Full
Captain in 1981 and to Senior Captain in 1989. He served in this capacity until May of 1992 when he
was promoted to District Chief for District 2/nights. In January of 1996 he was promoted to Deputy
Chief of the Department.
WHEREAS, Mr. Hovland attended training classes on various areas of fire fighting, maintained his First
Aid/CPR certification and attended many courses on arson investigation; and
HEREAS, Mr. Hovland completed radiological monitoring training, NFPA and IFSTA courses for Chief
fficers and Incident Command, and was certified at the firefighter III level by the Minnesota Fire Service
Board in 1992; and
WHEREAS, Mr. Hovland has served as a member of the department's Personnel Committee since March
of 1992 and has served as Chairman since April of 1992.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council commends Deputy Chief Harold
D. Hovland for his many years of dedicated and loyal service to the Spring Lake Park/Blaine/Mounds
View Fire Department and the community.
Presented this 26th day of August, 1996
(ATTEST)
Mayor Linke
Phyllis Blanchard, Councilmember Julie Trude, Councilmember
•arY Quick, Councilmember Sue Hankner, Councilmember
Chuck Whiting, Clerk-Administrator
SEAL
RESOLUTION NO. 4999
ITEM 7B
CITY OF MOUNDS VIEW
• COUNTY OF RAMSEY
•
STATE OF MINNESOTA
RESOLUTION COMMENDING FIRE MOTOR OPERATOR MICHAEL J. WELLE FOR HIS SERVICE
TO THE SPRING LAKE PARK/BLAINE/MOUNDS VIEW FIRE DEPARTMENT
WHEREAS, the Spring Lake Park/Blaine/Mounds View Fire Department has announced the
retirement of Fire Motor Operator Michael J. Welle; and
WHEREAS, Mr. Welle is retiring after completing 17 years of service with the department, having
joined the department on August 17, 1978; and
WHEREAS, Mr. Welle was assigned to Station 3 as a day firefighter. He was appointed as Acting
Fire Motor Operator in December of 1980 and was promoted to permanent Fire Motor Operator in
June of 1981; and
WHEREAS, Mr. Welle maintained his First Aid/CPR certification throughout his tenure with the
department and attended various basic firefighter training classes, as well as courses in Fire Motor
Operator basic and refresher training, defensive driving, Pump Operator I and Emergency Vehicle
Operator; and
AftWHEREAS, Mr. Welle also completed courses in radiological monitoring, Hazardous Materials
MIIF Awareness, and LP Gas Fires; and
WHEREAS, Mr. Welle was certified at Firefighter Level I in 1989 and Firefighter Level II in 1990;
and
WHEREAS, Mr. Welle received Awards of Merit for Attending the most number of drills of all
personnel at Station 3 for the years of 1987 and 1988.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council commends Fire Motor
Operator Michael J. Welle for his many years of dedicated and loyal service to the Spring Lake
Park/Blaine/Mounds View Fire Department and the community.
Presented this 26th day of August, 1996
(ATTEST)
Mayor Linke
Phyllis Blanchard, Councilmember Julie Trude, Councilmember
Gary Quick, Councilmember Sue Hankner, Councilmember
Chuck Whiting, Clerk-Administrator
SEAL.
V F REQUEST FOR COUNCIL CONSIDERATION Agenda SectionJQ,7 Ohm
STAFF REPORT Report Number: X16- 1 LQ f,
aill9rC(P iliI3III;
Report Date: 8/21/96
—
il
CITY COUNCIL MEETING DATE
�� 7 August 19, 1996 — Special Order of Bus.
A S _ Consent Agenda
/rh jt•Partners"
X Public Hearings
Council Business
Item Description: Discussion of PUD amendment and development review request to expand the parking
lot at 5251 Program Avenue, Everest Property Management, Planning Case No.
453-96.
Administrator's Review/Recommendation:
-No Comments to supplement this report
-Comments attached.
Explanation/Summary(attach supplement sheets as necessary)
Summary:
The applicant, Everest Property Management, is requesting a PUD amendment and development review to
expand the parking lot at 5251 Program Avenue, Building G, otherwise known as the Owens building within
Mounds View Business Park. The property is currently zoned PUD, Planned Unit Development.
A net increase of 35 parking stalls on the east side of the property is proposed. The applicant wished to
increase the number of stalls to meet the demands of a tenant interested in locating to the business park. The
wtweparking stalls provided on the site will equal 500. As the plans indicate, the parking spaces on the east
e of the property will abut the property line. The Municipal Code addresses the importance of creating a
landscaping buffer from parking lot to property line in Section 1121.09, Subd.11. The Planning Commission
in Agenda and Regular Meetings, has agreed to allow parking up to the property line for this PUD
development since a landscaping buffer is being provided within the right-of-way. The City Forester has
requested the existing trees on the site be moved within 8'- 9' from the curb along the right-of-way, and the
applicant has agreed to do this. The parking area to the south of the building will be restriped.
The applicant has been advised that the amendment will require Rice Creek Watershed District approval.
Staff and the Planning Commission have reviewed this proposal and found it to be in conformance with the
City Code. The Planning Commission recommended approving the PUD amendment and development review
request in Resolution No.'s 468-96 & 469-96. Attorney Long has advised that a public hearing be held to
consider amending the PUD agreement.
All materials submitted for this application have been attached for your perusal. Staff has prepared Resolution
No. 4991, approving the PUD amendment request and Resolution No. 4997 approving the site development
review request for City Council consideration. If you have any questions, please do not hesitate to contact
me.
PLAxafk.
Paniela Sheldon. Community Development Director
0
RECOMMENDATION: Approve Resolution No. 4991, recommendingapproval of the PUD request and
PP PP
Resolution No. 4997, approving the development review request to expand the parking lot at 5251 Program
Avenue, Everest Property Management, Planning Case No. 453-96. •
•
RESOLUTION NO. 4991
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVE
AGREEMENT NO. 87-81 WITH MOUNDS VIEW BUSINESS PARK, BUILDING G, 5251
PROGRAM AVENUE, PLANNING CASE NO. 453-96
WHEREAS, Everest Development, Ltd. has submitted an amendment to Development
Agreement No. 87-81 with Mounds View Business Park, Building G, for site plan changes;
WHEREAS, the parking spaces along the east of the property will have g a and
of 35 parking stalls, and the east parking area will be reconfigured for angled parking stalls and
d
WHEREAS, the parking stalls to the south of the building will be restriped;
WHEREAS, the parking to the north of the building will not be altered;
WHEREAS, the total parking stalls provided on the site will equal 500 stalls;
WHEREAS, the Mounds View City Council has undertaken review of the proposal; and IP
WHEREAS, the Mounds View City Council has determined that the changes will not
adversely affect the project nor the adjacent residential areas;
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves
the revised site plan for Building G's parking lot, Mounds View Business Park, contingent
the following: upon
n
1. A landscaping plan be submitted subject to approval of the City Forester.
2. Approval and all necessary permits be obtained from Rice Creek Watershed
District.
Adopted this 19th day of August 1996.
ATTEST:
(SEAL) Mayor Linke
City Clerk-Administrator, Chuck Whiting •
•
RESOLUTION NO. 4997
•
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF
EVEREST DEVELOPMENT LTD.,MOUNDS VIEW BUSINESS PARK,BUILDING G,
5251 PROGRAM AVENUE,PLANNING CASE NO.453-96
WHEREAS, Everest Development,Ltd. has requested City approval to amend Development
Agreement 87-81 to increase parking by 35 stalls along the east of the building and restripe the parking
stalls to the south of the building;
WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development
review be conducted for this and similar proposals; and
WHEREAS, the Mounds View City Council has reviewed the following documents regarding
this development proposal:
1. Planning Application dated July 19, 1996
2. Site Plan dated July 11, 1996
3. Approval and all necessary permits be obtained from Rice Creek Watershed
District.
WHEREAS, the Mounds View City Council has determined that the proposal is in
conformance with all applicable requirements of Title 1100.
NOW, THEREFORE,BE IT RESOLVED that the Mounds View City Council approves the
development review request, contingent upon the following:
1. Everest Development,Ltd. enter into a development
agreement with the City of Mounds View.
2. A landscaping plan be submitted and installed, subject to approval of the
City Forester.
3. Approval and all necessary permits be obtained from Rice Creek Watershed
District
Adopted this 19th day of August 1996.
ALLEST:
Mayor Linke
(SEAL)
• City Clerk-Administrator, Chuck Whiting
44 t yr MVLINDS VIEW
PLANNING APPLICATION
APPLICANT: Everest Property Management
Phvne (612) 636-2812
ADDRESS: 2665 Long Lake Road, Roseville, MN 55113
Street Address, City, State, and Zp Code
Interest in Property (check appropriate box):
❑ Owner of Property •
Q Contact for Deed Owner
❑ Lessee, Operator, Manager
❑ Agreement to Purchase
Q Other (explain) •
Documentary evidence of epplicanr'a interest In the property, may be required before Lind City action of tie requite.
PROPERTY INVOLVED:.
Location 5251 Program Avenue, Mounds View, Minnesota
Legal Description or Property Identification Number
ck 2
Mounds View Business Park according to the Lrecorded oplat,thereof.
Legal Owner: Name/Address CALPERS, cjo Everest Group Ltd. 2665 Long Lake
Road, Roseville, MN 55113
Present Use (check appropriate box):
(Property ID# 08 30 23 41 0008 5)
❑ Undeveloped vac ant
Q Single Family Dwelling
❑ Duplex/Two Family Dwelling
Q Multi-Family (No. of Units
❑ Business/Commercial Establishment
•
® Industrial Establishment
❑ Other (explain)
•Property Classification: Q Abstract • ❑ Torrens
REQUEST: Parking Lot Expansion
•Please note: Applicant may be responsible for additional fees
associated with the renew of this request
I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE
Signature
VarianceRezoning 3200/acre.minimum 5200.maximum$1,000 Part Fund Dedication Fes
R-1 b R-2-Si 5,all others S2o0 oata Paid
Conditional Use Permit R-1 to R-2- di others 52Oa
Cuda Appeal 575 Receipt Number
Dewiap./$its Plan Review SlQOtacrs.minimum too.mmiruR1 WOO Total Fes Paid /9- V&Minor Subdivision Si 50 '�
Major SubdivisionDate Paid /
5250 plus S250 deposit Receipt Number
Conn Plan Amendment 5200 !
Wetland Alteration Permit S50 plus deposit determined by SQdf Additional Fee Paid
Waded Suffer Permit Si O
Planning Sign sea Data Paid
Ptl Receipt Number
Puam
Aendment 51
Dara d find=don
APPROVED 0 DENIED 0 TABLED
Dao ' I 9 6:711 �
Planning case No. 9.5 3 - c1(( _,admin.Account No. h r�
/ •
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 468-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
• STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 87-81 WITH MOUNDS VIEW BUSINESS PARK, BUILDING G, 5251
PROGRAM AVENUE, PLANNING CASE NO. 453-96
WHEREAS, Everest Development, Ltd. has submitted an amendment to Development
Agreement No. 87-81 with Mounds View Business Park, Building G, for site plan changes; and
WHEREAS, the parking spaces along the east of the property will have a net increase
of 35 parking stalls, and the east parking area will be reconfigured for angled parking stalls and
restriped;
WHEREAS, the parking stalls to the south of the building will be restriped;
WHEREAS, the parking to the north of the building will not be altered;
WHEREAS, the total parking stalls provided on the site will equal 500 stalls;
WHEREAS, Staff, and the Planning Commission have undertaken review of the .
proposal; and
WHEREAS, the Planning Commission has determined that the changes will not
adversely affect the project nor the adjacent residential areas;
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the revised site plan for Building G's parking lot, Mounds View
Business Park, contingent upon the following:
1. A landscaping plan be submitted subject to approval of the City Forester.
2. Approval and all necessary permits be obtained from Rice Creek Watershed
District.
BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward
this resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of August 1996.
ATTEST:
Chairperson Peterson
(SEAL)
•
Pam Sheldon, Community Development Director
• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 469-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY •
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF
EVEREST DEVELOPMENT LTD.,MOUNDS VIEW BUSINESS PARK,BUILDING G,
5251 PROGRAM AVENUE,PLANNING CASE NO.453-96
WHEREAS,Everest Development,Ltd. has requested City approval to amend Development
Agreement 87-81 to increase parking by 35 stalls along the east of the building and restripe the parking
stalls to the south of the building;
WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development
review be conducted for this and similar proposals; and
WHEREAS, the Planning Commission has reviewed the following documents regarding this
development proposal:
1. Planning Application dated July 19, 1996
2. Site Plan dated July 11, 1996
• 3. Approval and all necessary permits be obtained from Rice Creek Watershed
District.
WHEREAS,the Planning Commission has determined that the proposal is in conformance
with all applicable requirements of Title 1100.
NOW,THEREFORE,BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the development review request, contingent upon the following:
1. Everest Development,Ltd. enter into a development
agreement with the City of Mounds View.
2. A landscaping plan be submitted and installed, subject to approval of the
City Forester.
BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this
resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of August 1996.
A 1TEST:
Chairperson Peterson
(SEAL)
Pam Sheldon, Community Development Director
•
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA411
MOUNDS VIEW DEVELOPMENT AGREEMENT NO. 87-81
Mounds View Eusiness Park
41/,,,,o_52/
THIS AGREEMENT made and entered into this , � day
of , 1Vr, by and between the CITY OF
MOUNDS VIEW, County of Ramsey, State of Minnesota, party of the
first part, hereinafter called the "City",
and Everest Development, Ltd . , and Commercial Property Invest-
ments, Inc. (CPI ) Eamrtereel-Property-Investment
party of the second part, hereinafter called the "Developer" ,
WITNESSETH:
WHEREAS, the Developer, in consideration of approval
of the Development Plans for Mounds View Business Park •
and the issuance of permits thereof, hereby agrees with the City
to perform all of the acts required herein and to conform to all
of the conditions set forth as follows:
1 . Wherever the word "City" appears herein, it shall
mean and include the City of Mounds View and also said City 's
agents and employees; and wherever the word "Developer" appears
herein, it shall mean the developer, and any of its agents and
employees. Wherever the words "development site" appears herein,
it shall mean the premises described in the following exhibits :
Exhibit 1 - Site Development Plan dated June, 1987
Exhibit 2 - Preliminary and Final Plat dated June, 1987
Exhibit 3 - Contract for Private Redevelopment
Exhibit 4 - Elevations, Office/Service Building 1 , Light
Industrial Building 2, and Preliminary Landscape
Plans dated June 10, 1987
Exhibit 5 - Sanitary Sewer, Watermain, Storm Sewer and Street
Construction Plans dated
•
Wherever the words "public improvement" appear herein, it
shall mean any improvement defined under Chapter 26. 04,
411 Sub. 1 , of the Municipal Code, and shall include and not be
limited to streets, curbs, and gutters, sanitary sewer and
water installations, storm water and drainage installations.
2. This document shall be referred to as the "Develop-
ment Contract" and said document cannot be transferred or
assigned except pursuant to the terms and conditions of the
Contract for Private Redevelopment, Exhibit 3.
3. All improvements required herein to be performed by
the Developer shall be constructed and paid for by said
Developer pursuant to appropriate permits and approval from any
governmental agency, such approval and any environmental
assessments or environmental impact statements required to be
obtained by and prepared at the expense of said Developer.
!II 4. All public improvements, if any, required to be
constructed by the Developer pursuant to this Agreement shall
be performed by the Developer with such materials and equipment
as required by the City under the direct supervision of the City
and shall be in conformance with any and all regulations in force
at the time of construction, and the City is hereby granted the
right of access to the development site to inspect said
construction at such times as the City may direct.
5. The Developer shall , and hereby does, agree to pay
when due and before they become delinquent, all valid taxes
and assessments, if any, there ever be levied against said
development site or portion thereof, in accordance with the
provision of the Contract for Private Redevelopment entered
into between the City and the Developer.
-2-
6. The City shall not be under any obligation or
responsibility to act as engineer-consultant to the Developer
in any matter related to this Agreement or to any public
improvements required on said site by the City, or to act as
inspector and report to said Developer any defect or failure,
hazard or inadequacy or otherwise relative to said site
development; any actual or implied approval by the City in
respect to any development shall not serve either to alter or
extinguish or to otherwise affect the responsibility, obliga-
tion or liability of the Developer in this.
7. The Developer shall not unnecessarily damage or
obstruct or cause any interference with drainage ways or
drainage works located within or adjacent to said development
site, or permit its contractor or other agents to do so.
8. The Developer shall not alter any of the public improve-
•
ments located on said site except if and as elsewhere herein
provided or as particularly in each instance authorized in
writing by the City.
9. Surface drainage to be constructed and approved ,
beofre and after construction, by the City Inspection Depart-
ment.
10. All drainage easements required by the PUD approved by
the City shall be granted by the Developer, without cost to the
City, as required.
11. The Developer agrees to conform to all of the applicable
requirements of the Mounds View Municipal Code, as amended from
time to time, and particularly Chapters 26, 39, 40, 42, 48, 49,
49A, 59, 60, 61 , 62 and 63.
-3-
•
12. Developer herein agrees pursuant to provisions of the
111 Mounds View Municipal Code, Chapter 49.07, Subd. 6, to pay,
prior to the approval of the permits required , the reasonable
and necessary expenses incurred by the City in the processing,
review and evaluation of the proposed development and in the
inspection of all work performed pursuant to said contract.
Such costs shall include administrative, legal , and engineering
expenses incurred and allocatable to the project.
13. Developer agrees that the City can terminate develop-
ment of the development site or the construction of any building
structures thereon if the terms of this Development Contract have
not been conformed to by the developer. In addition, in the
event the Developer fails to conform to the conditions of this
Agreement, the City shall be entitled to enforce it pursuant to
411
the terms of this contract and/or the provisions of the Mounds
View Home Rule Charter, Chapter 26 of the Municipal Code or
applicable Minnesota Statutes.
14. It is understood and hereby agreed by and between the
parties hereto that any plans or data supplied by the City
within or adjacent to said development site are approximations
only and that the City explicitly does not pretent or guarantee
or warrant any such plans or data to be either complete or
correct.
15. The Developer shall not unnecessarily create, cause or
suffer to exist or to continue to exist, any nuisance or hazard
to persons or property within or adjacent to said site by reason
of said public improvements, development of the site or other
operations in respect thereof or permit its agents, engineers or
contractors to do so.
-4-
16. When applicable, three complete sets of plans and
specifications or directions for any public improvement to be
constructed on said site, each bearing the certificate and
seal of a professional engineer duly registered in the State of
Minnesota, shall be submitted to the City well in advance of the
time proposed for commencing construction thereof. The City
shall have a period of not less than 30 days in which to examine
and review the plans and specifications submitted by the
Developer and to reply to the Developer with respect to the
adequacy or inadequacy of the plans and specifications. Upon
final approval of the plan and specifications within a
reasonable time following completion of the installation, the
Developer shall furnish and deliver three sets of "as built"
plans thereof to the City. If any public improvements are to
be constructed on said site by the City, the necessary easements
and right of ways shall be grated to the City at the expense of
the Developer including the costs of the preparation of the right
of way documents and filing. The Developer further agrees to
grant to the City such easements over, under and across the
development site, at no cost to the City, as are reasonably
necessary for the maintenance of any public improvement
constructed on the development site. The Developer shall
establish permanent reference marks, reasonably satisfactory to
shown locations of the public improvements constructed on the
development site.
17. In the case of a multiple dwelling, commercial or
industrial development or any use combining any of the afore411
-
said uses, the Developer agrees on behalf of itself , its heirs,
successors or assigns to permanently maintain the site described
-5-
herein pursuant to the terms of this development contract, and
• said Developer shall not permit the premises to deteriorate or
become blighted or to constitute a public nuisance. Enforcement
of this provision shall be pursuant to the terms of this contract
or the provisions of the applicable Minnesota Statutes, the
Mounds View Home Rule Charter, and the Municipal Code. In the
event of nonconformance by the Developer, the City shall seek
mandatory relief, after written notice of the alleged violations,
pursuant to the terms of this contract to enforce this provision
and may proceed to abate public nuisances and to assess the cost
of said abatement, including all costs, disbursements, legal fees
against the development site, as provided for in the Home Rule
Charter, Chapter 26 of the Municipal Code, and such other appli-
410 cable ordinances and Minnesota Statutes. The Developer 's obliga-
tions under this paragraph shall immediately terminate, with
respect to the Developer, upon the Developer 's transfer or
conveyance of its entire interest in the development site
provided the successor or assignee assumes said obligations.
18. The development site shall be developed as indicated
on the attached site plan, referred to as Exhibit 1. The site
plan and the development to be constructed thereon may be
amended from time to time by the mutual written consent of the
parties hereto, in conformance with the Municipal Code of the
City.
19. In addition to all of the provisions recited herein-
before, the Developer agrees to the following conditions as more
. fully set out in Exhibit 2A attached hereto and made a part
hereof.
- 6 -
20. The provisions of this contract are severable, and in
the event that any provision of this agreement is found invalid ,
the remaining provisions shall remain in full force and effect.
This agreement is made and executed pursuant to and under
authority of Resolution No. adopted by the City the //
day of ZCe,01r' , 1917, and by resolution or authorized
signature of the Developer.
IN WITNESS WHEREOF, the parties hereto have executed these
presents the day and year first above written.
CITY OF VIEW/
By
I _ uayor
���J//i.
It1' i k-Admin - 'or
DEVELOPER:
EVERES DEVELOPMEN LTD.
/ / •
By ��—
C. William Fr- ke
Its President
COMMERCIAL PROPERTY INVESTMENTS, INC.
By
Jeffrey L. Nielsen
Its President
Approved as to form and execution
this Zs-- day of V21€44/4A1
,
196:
City Attorney •
-7-
•
• EVEREST DEVELOPMENT, LTD. AND COMMERCIAL
PROPERTY INVESTMENTS DEVELOPMENT AGREEMENT NO. 87-81
EXHIBIT 2A
In addition to the foregoing conditions, the developer agrees to
the following:
1. Pay a park dedication fee of $175, 000 to be paid as
follows :
$50, 000 by December 31 , 1987 and ,
$12, 500 per year for the years 1988 through
1997 by December 31st of each year.
2. Obtain City approval of the final plat and provide
evidence of recording of said plat at Ramsey County
prior to submitting building applications.
3. The Developer shall remove all billboards from the
P.U. D. by December 1 , 1987, or as soon thereafter as
Developer may legally do so.
4. The Developer shall secure approval from Rice Creek
. Watershed District prior to awarding construction
contracts.
5. All utilities shall be installed underground .
6. All public utilities shall be installed by
December 31 , 1988. This includes the following:
a) Water
b) Sewer
c ) Gas
d ) Streets
e ) Berm along south side of County H-2 including
landscaping and sod
f ) Signalize intersection at T.H. 10
g) Street lights:
(1 ) The Developer shall furnish and install
power to said street lights when Northern
States Power Company provides power to the
area
h) Traffic control signs including stop signs, street
intersection name signs
i ) Telephone
7. The Devloper shall have recorded at Ramsey County on the
. deeds of the lots adjacent to the storm water holding
pond that maintenance of said pond shall be the
responsibility of the property owner. Evidence of
recording shall be submitted to the City. If said pond
•
-2-
is filled with debris and the property owner has not 410
removed said debris, the City Council may maintain said
pond and assess the maintenance cost to the property
after giving 30 calendar days written notice to the
property owner.
8. No building permits shall be issued until the plat
is approved and recorded by Ramsey County.
9. The Developer shall furnish a $1 ,000 security for 7
years to guarantee the ponding and control structures -
to be included in the Letter of Credit provided for in
Section 4. 5 of the Contract for Private Redevelopment.
10. The developer shall install lot corners prior to
approval of the building permit.
11 . Developer shall install metal fences posts (minimum
7 - 1/2 feet long) at lot corners prior to utility
construction.
12. The Developer shall select street names and addresses
for the lots and secure approval from the City and U.S.
Post Office prior to approval of the final plat.
13. Final occupancy permits for each phase of the project •
shall not be issued until water, sanitary sewer, storm
storm sewer, concrete curb and gutter and bituminous
base to service such phase have been installed the area
of the project where the building is located.
14. Building signs and other signs shall meet City Code
requirements and be uniform throughout the P.U. D.
15. City Code Chapter 40. 24, Subd. B(4 ) , requirements
shall be satisfied.
16. All requirements of City Code Chapter 40. 24 Subd . •
B ( 8 ) through B (13 ) , shall be satisfied .
17. The Development Phase Plans of the P. U. D. shall meet
the approval of the Mounds View Fire Chief.
18. If the Developer acquires the single family house west
of McDonald 's Restaurant, the property shall be
included in the planned unit development.
19. The Developer shall install plantings on the south side
of County Road H-2 in the area of the parking lot
exits to County Road H-2 in accordance with approved
P. U. D. 's landscaping plan.
-3-
4
20. The Developer shall carry storm water away from a
portion of County Road H-2 along that portion of
frontage owned by the Developer as approved by the City
Engineer.
21. No construction shall be permitted until a final
Indirect Source Permit ( ISP) is issued by Minnesota
Pollution Control Agency. The Developer agrees to
comply with all of the requirements of the permit.
The Developer further agrees to submit to the Director
of the Division of Air Quality, Minnesota Pollution
Control Agency, the annual report required by Part III,
8 of the Permit on behalf of the City with a copy being
submitted to the City.
22. The Developer shall pay a Storm Water Management fee
of 20% of the base fee as established by ordinance of
the City.
a Date: ✓ f/f FOR THE CITY:
,5fiL77
Date : FOR THE DEVELOPER:
COMMERCIAL PROPERTY INVESTMENTS, EV P\EST DEVELOP,: ENT, LTD.
INC.
, / e /
By By
Jeffrey L. Nielsen, President C. Wil iam Franke, President
•
i t I
•
ATTACHMENT #1
EVEREST DEVELOPMENT, 'LTD.
PETITION FOR PUBLIC IMPROVEMENTS
, 1987
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
To the City Council of the City of Mounds View, Minnesota;
We, the undersigned owner(s) of percent of the benefitted
property described below, hereby petition that said real property
be improved by street, curb and gutter, storm sewer, street
light(s) , water and sanitary sewer and other public utilities '
pursuant to Mounds View Municipal Code, Chapter 26, and approved
plans.
We, the undersigned owner(s) , also agree that should we deem it
inappropriate to proceed with the public improvements once the
feasibility study or the plans and specifications have started ,
that financial responsibility for funds expended will be accepted
and paid by us. •
Description of property:
Signature of Owner:
Everest Development, Ltd .
By: C. William Franke, President
It is understood by the above signed owner(s) of 100 percent of
the benefitted property being petitioned for improvements that
said improvements will be assessed by a special assessment to the
above benefitting property owner(s) .
Examined, checked, and found to be in proper form and to be
signed by the owner(s) of the 'property affectd by making of the
improvement.
Donald F. Pauley
Clerk-Administrator
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 468-96
• CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 87-81 WITH MOUNDS VIEW BUSINESS PARK, BUILDING G, 5251
PROGRAM AVENUE, PLANNING CASE NO. 453-96
WHEREAS, Everest Development, Ltd. has submitted an amendment to Development
Agreement No. 87-81 with Mounds View Business Park, Building G, for site plan changes; and
WHEREAS, the parking spaces along the east of the property will have a net increase
of 35 parking stalls, and the east parking area will be reconfigured for angled parking stalls and
restriped;
WHEREAS, the parking stalls to the south of the building will be restriped;
WHEREAS, the parking to the north of the building will not be altered;
WHEREAS, the total parking stalls provided on the site will equal 500 stalls;
WHEREAS, Staff, and the Planning Commission have undertaken review of the
proposal; and
WHEREAS, the Planning Commission has determined that the changes will not
adversely affect the project nor the adjacent residential areas;
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the revised site plan for Building G's parking lot, Mounds View
Business Park, contingent upon the following:
1. A landscaping plan be submitted subject to approval of the City Forester.
2. Approval and all necessary permits be obtained from Rice Creek Watershed
District.
BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward
this resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of August 1996.
ATTEST:
Chairperson Peterson
(SEAL)
•
Pam Sheldon, Community Development Director
MOUNDS VIEW PLANNING COMMISSION •
RESOLUTION NO. 469-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF THE DEVELOPMENT REQUEST OF
EVEREST DEVELOPMENT LTD.,MOUNDS VIEW BUSINESS PARK,BUILDING G, 5251
PROGRAM AVENUE,PLANNING CASE NO. 453-96
WHEREAS,Everest Development, Ltd. has requested City approval to amend Development
Agreement 87-81 to increase parking by 35 stalls along the east of the building and restripe the parking
stalls to the south of the building;
WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development
review be conducted for this and similar proposals; and
WHEREAS,the Planning Commission has reviewed the following documents regarding this
development proposal:
1. Planning Application dated July 19, 1996
2. Site Plan dated July 11, 1996
3. Approval and all necessary permits be obtained from Rice Creek Watershed
District.
WHEREAS,the Planning Commission has determined that the proposal is in conformance with all 41110
applicable requirements of Title 1100.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the development review request, contingent upon the following:
1. Everest Development, Ltd. enter into a development
agreement with the City of Mounds View.
2. A landscaping plan be submitted and installed, subject to approval of the
City Forester.
3. Approval and all necessary permits be obtained from Rice Creek Watershed
District.
BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this
resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of August 1996.
ATTEST:
Chairperson Peterson
(SEAL)
•
Pam Sheldon, Community Development Director
i'= REQUEST FOR COUNCIL CONSIDERATION Agenda Section (017'101-Al•
STAFF REPORT Report Number: y b-(S21 G
IIIIMEM Report Date: 8/22/96
• CITY COUNCIL MEETING DATE — Special Order of Bus.
�
}�• v .! August 26, 1996 — p
moo,, , Consent Agenda
par`Panto''Q, X
Public Hearings
Council Business
Item Description: Consideration of Ordinance No. 588, an Ordinance Amending the Development
Contract Language of Chapter 1006.06, Subd. 4 of the Municipal Code; Planning Case
No. SP-0007-96.
Administrator's Review/Recommendation:
-No Comments to supplement this report
-Comments attached.
Explanation/Summary(attach supplement sheets as necessary)
Summary:
Section 1006.06, Subd. 4 of the Mounds View Municipal Code requires a developer to enter into a
development contract prior to final approval of any subdivision, rezoning, special use permit, license or any
building permit required for the construction, alteration, expansion or improvement of land. Such contracts
shall include provisions for supervision of details of construction by the City and grant to the City authority to
inspect all work performed to assure satisfactory performance and completion of the work. The typical
contract includes a provision for posting surety to guarantee the completion of improvements.
It is staff's understanding that one of the reasons for requiring such contracts and posting of surety is to assure
that improvements are completed. Instances have occurred where the work to be done does not include
improvements, or only includes private improvements on the site such as parking lots and landscaping. There
are some practical difficulties with the current requirement. Staff is suggesting that this section of the Code be
revised to allow for the following:
• For actions requiring Planning Commission or City Council approval, the ability to waive the
requirement for a development contract by the approval body when it is not necessary to meet the
intent of the ordinance.
• If the only requirement is for issuance of a building permit, the ability for the Community Development
Department to waive the requirement at the time of issuance if there are no public improvements
required with the provision that a development contract and surety could be used to guarantee the
completion of private, on-site improvements at the time a certificate of occupancy is requested. An
example of this situation would be a guarantee of landscaping if it is too late in the season for it to be
planted at the time occupancy is requested, with the guarantee that it would be planted in the next
growing season.
Staff has discussed the proposed amendments in concept form with Planning Commission at its August 7,
1996 meeting. Staff had hoped, based on the discussion, to draft the ordinance and have it ready for this
litECOMMENDATION: Table conduct of the public hearing and discussion of the ordinance, and reschedule
for your September 24 meeting.
City Council
Planning Case No. SP-0007-96
Development Contracts
August 22, 1996 •
City Council meeting. Planning Commission requested that they see the specific ordinance changes before
they make a recommendation, and this item comes before City Council. Therefore, no ordinance is available at
this time for City Council review.
plurudytt,
Pamela Sheldon, Community Development Director
•
•
('a ? REQUEST FOR COUNCIL CONSIDERATION Agenda Section /C!7i5pr•c'i.
REPORT Report Number: 9b— Ig'22G
I ISTAFF
0.1?;<`rZ Report Date: 8/23/96
• I.
CITY COUNCIL MEETING DATE _
``` August 26, 1996 Special Order of Bus.
r
Consent Agenda
°f.�ip�t,Pastncrs%As g
X Public Hearings
Council Business
Item Description: Consideration of Ordinance No. 589, an Ordinance Amending Chapter 1301, Entitled
"Flood Plain Zoning" by Amending the Definitions in Section 1301.04 Subd. 15; Section 1301.07 Subd. 7 on
Flood Insurance Notice and Record Keeping; Section 1301.10 Subd. 5 on Travel Trailers and Travel Vehicles;
Section 1301.10 Subd 2.c.(3) on Accessory Structures; and Section 1301.13 Subd. 2 on Nonconforming Uses;
and to correct minor typographical errors and errors in cross-references; Planning Case No. SP-0002-96.
Administrator's Review/Recommendation:
-No Comments to supplement this report
-Comments attached.
Explanation/Summary(attach supplement sheets as necessary)
Summary:
The Minnesota Department of Natural Resources has notified the City that our current Flood Plain Zoning
District (Chapter 1301) is not in compliance with federal law. DNR has provided to us a list of the changes
needed to bring the City's ordinance into compliance. Revisions have been drafted and contained in the
attached Ordinance No. 589. The proposed ordinance has been reviewed by the City Attorney, who suggested
changes have been incorporated. Mr. Joe Richter, representing the Minnesota DNR, has reviewed the
proposed ordinance and notified us by telephone that it is acceptable and includes all of the changes requested
by DNR. A summary of the changes is as follows:
• Revision to the definition of"Structure" to add reference to Travel Trailers and Travel Vehicles, and
addition of a definition of Travel Trailer and Travel Vehicle (p. 1)
• Revision to the section on Flood Insurance Notice and Record Keeping to remove the specific dollar
amount insurance may increase (p. 2)
• Allows for travel trailers and travel vehicles as a permitted use in the Flood Plain Zoning District, with
the addition of areas exempted for placement of such trailers and vehicles and criteria for when this
exemption is lost. Additional language allows for new commercial travel trailer or travel vehicle parks
or campgrounds and new residential type subdivisions and condominium associations in the floodway
or flood fringe if they meet certain criteria. (p. 2-3)
• Adds more specific language regarding accessory structures, and how they must be elevated or
floodproofed (p. 5)
• Adds more specific language as to how nonconforming structures may be changed, and when such
structures must meet the standards for new structures (p. 7-8)
Introduction of this ordinance will require a roll call vote.
Pame a Sheldon, Community Development Director
City Council
Planning Case No. SP-0002-96
Flood Plain Zoning
August 22, 1996
•
RECOMMENDATION: Motion to waive actual reading and Consider formal introduction of Ordinance No.
589, an Ordinance Amending Chapter 1301, Entitled"Flood Plain Zoning" by Amending the Definitions in
Section 1301.04 Subd. 15; Section 1301.07 Subd. 7 on Flood Insurance Notice and Record Keeping; Section
1301.10 Subd. 5 on Travel Trailers and Travel Vehicles; Section 1301.10 Subd 2.c.(3) on Accessory
Structures; and Section 1301.13 Subd. 2 on Nonconforming Uses; and to correct minor typographical errors
and errors in cross-references.
Attachments:
- Resolution adopted by the Planning Commission recommending approval of this amendment.
Ordinance 589
•
• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 471-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING AMENDING THE MOUNDS VIEW MUNICIPAL
CODE BY AMENDING CHAPTER 1301, RELATING TO FLOOD PLAIN ZONING IN
ORDINANCE NO. 589
WHEREAS, Chapter 1301, entitled "Flood Plain Zoning," is currently not in compliance
with the Federal Emergency Management Agency requirements; and
WHEREAS, a compliant floodplain ordinance is a prerequisite of a community's eligibility
in the National Flood Insurance Program (NFIP); and
WHEREAS, NFIP provides federal and state assistance in the event of flooding, denial of
flood insurance in a community, allows the opportunity for citizens to purchase flood and related
water damage insurance; and
WHEREAS, the City of Mounds View is committed to reducing flood damage potential
through a properly administered and compliant floodplain ordinance; and
• WHEREAS, the Planning Commission recommends modification to Chapter
P 1301,
entitled "Flood Plain Zoning", to add the required provisions by amending the definitions of
structure in Section 1301.04, Subd. 15,; Section 1301, Subd. 7, on Flood Insurance Notice and
Record Keeping; Section 1301.10, Subd. 5, on Travel Vehicles and Travel Vehicles; Section
1301.10, Subd. 2.c.(3) on Accessory Structures; and Section 1301, Subd. 2, on Nonconforming
Uses, and to correct minor typographical errors and errors in cross-references.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Mounds View recommends approval of Ordinance No. 589, an ordinance amending Chapter
1301, entitled "Flood Plain Zoning," of the Mounds View Municipal Code.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff
to forward this Resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of August 1996
ATTEST:
Chairpetion V eterson
(SEAL) }v1'V ALL ` 4,l/
• Pdm Sheldon, Community Development Director
ORDINANCE NO. 96-589
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE RELATING TO FLOOD PLAIN ZONING
AND FLOOD CONTROL REGULATIONS AND AMENDING
TITLE 1300, CHAPTER 1301, SECTIONS 1301.04, 1301.10,
AND 1301.13 OF THE MOUNDS VIEW MUNICIPAL CODE
THE CITY OF MOUNDS VIEW ORDAINS:
Section 1. Section 1301.04 Subd. 15 of the Mounds View Municipal Code is hereby
amended, and Section 1301.04 Subd. 16 is hereby added to read as follows:
Subd. 15. STRUCTURE: Anything constructed or erected on the ground or attached to
the ground, or on-site utilities, including but not limited to buildings, factories, sheds,
detached garages, cabins, manufactured homes, travel trailers and travel vehicles not
meeting the exemption criteria specified in this section of the ordinance and other similar
items (Ord. 535, 3-24-94)
Subd. 16. TRAVEL TRAILER AND TRAVEL VEHICLE: A vehicular-type portable
structure, mounted on wheels and without permanent foundation, which can be towed,
hauled or driven and is primarily designed as temporary living accommodation for
recreational, camping and travel use and including but not limited to travel trailers, tuck
campers, camping trailers and self-propelled motor homes.
Section 2. Section 1301.06 is hereby amended to read as follows:
1301.06: ZONING ADMINISTRATOR: A Zoning Administrator designated by the
City Council' shall administer and enforce this Chapter. If he/she finds a
violation of the provisions of this Chapter, he/she shall notify the person responsible for
such violation and order the action necessary to correct it. (Ord. 535, 3-14-94)
See Section 1125.05 of this Code,City Clerk-Administrator to serve as Zoning Administrator. •
Flood Plain Ord. Page No.1
• Section 3. Section 1301.07 Subd. 7 is hereby amended to read as follows:
Subd. 7. Flood Insurance Notice and Record Keeping: The Zoning Administrator shall
notify the applicant for a variance that: a) the issuance of a variance to construct a
structure below the base flood level will result in increased premium rates for flood
insurance . . . • .. .. se . ,0 0 . . - we . .. . ,
. : . •- . - and b) such construction below the 100-year or regional
flood level increases risks to life and property. Such notification shall be maintained with
a record of all variance actions, including justification for their issuance, and report such
variances issued in its annual or biennial report submitted to the Administrator of the
National Flood Insurance Program. (Ord. 535, 3-14-94)
Section 4. Section 1301.10 Subd. 2 (5) is hereby amended to read as follows:
(5) Travel Trailers and Travel Vehicles. Travel trailers and travel vehicles that do
not meet the exemption in Section 1301, Subd. 2(5)(a) below shall be subject to
the provisions of this ordinance and as especially spelled out in Subd. 2(5)(c) and
(d) below. . •- • - • . • •- - . . - • - - . .
t,riteria:
(a) Exemption- Travel trailers and travel vehicles are exempt from the
provisions of this Ordinance if they are placed in any of the areas listed in
Section 1301 Subd. 2(5)(b) below and if they meet the following criteria:
(a)(1) Have current license required for highway use.
(b)(2).Are highway ready meaning on wheels or the internal jacking
system, are attached to the site only by quick disconnect type
utilities commonly used in campgrounds and trailer parks and the
travel trailer/vehicle has no permanent structural type additions
attached to it.
(3) The travel trailer or travel vehicle and associated use must be
permissible in any preexisting, underlying zoning use district.
(b) Areas exempted for Placement of Travel/Recreational Vehicles:
11) Individual lots or parcels of record.
(2) Existing commercial recreational vehicle parks or campgrounds.
(3) Existing condominium type associations.
•
Flood Plain Ord. Page No.2
(c) Travel trailers and travel vehicles exempted in Section 1301.10, Subd.
2(5)(b) lose this exemption when development occurs on the parcel •
exceeding five hundred (500) dollars for a structural addition to the travel
trailer/travel vehicle or an accessory structure such as a garage or storage
building. The travel trailer/travel vehicle and all additions and an accessory
structures will then be treated as a new structures and shall be subject to
the elevation requirements and the use of land restrictions specified in
Section 1301.10, Subd. 2 of this ordinance.
(d) New commercial travel trailer or travel vehicle parks or campgrounds
and new residential type subdivisions and condominium association and the
expansion of any existing similar uses exceeding five (5)units or dwelling
sites shall be subject to the following:
(1) Any new or replacement travel trailer or travel vehicle will be
allowed in the Floodway or Flood Fringe Districts provided said
trailer or vehicle and its contents are placed on fill above the
Regulatory Flood Protection Elevations determined in accordance
with the provisions of Section 1301.10 Subd. 2.c.(2) of this
Ordinance and proper elevated road access to the site exists in
accordance with Section 1301.10 Subd. 2.c.(3)(b) of this
Ordinance. No fill placed in the floodway to meet the requirements
of this Section shall increase flood stages of the 100-year or •
regional flood.
(2) All new or replacement travel trailers or travel vehicles not
meeting the criteria of(1) above may, as an alternative, be allowed
if in accordance with the following provisions. The applicant must
submit an emergency plan for the safe evacuation of all vehicles and
people during the 100-year flood. Said plan shall be prepared by a
registered engineer or other qualified individual and shall
demonstrate that adequate time and personnel exist to carry out the
evacuation. All attendant sewage and water facilities for new or
replacement travel trailers or other recreational vehicles must be
protected or constructed so as to not be impaired or contaminated
during the times of flooding in accordance with Section 1301.15 of
this Ordinance.
Section 5. Section 1301.10 Subd. 2.b.(7) is hereby amended to read as follows:
(7) Other uses similar in nature to uses described in
Section 1301.10 Subd. 2.a. and 2.b. hereof which are consistent with the
provision set out in Section 1301.02 and this Section.
•
Flood Plain Ord. Page No.3
•
Section 6. Section 1301.10 Subd. 2.c.(1), (2) and (3) are hereby amended to read as
• follows:
(1) All Uses:.No structure (temporary or permanent), fill (including fill far for
roads and levees), deposit, obstruction, storage of materials or equipment or other
uses may be allowed as a conditional use which, acting alone or in combination
with existing or reasonably anticipated future uses, increases flood heights. In
addition, all F.Z.D. conditional uses shall be subject to the standards contained in
srrbdivisron- Section 1301.12 Subd. 5 (5)of this Chapter and the following
standards of this Subdivision 3 Section 1301.10 Subd. 2.c.
(2)Fill:
(a) Any fill deposited in the F.Z.D. shall be no more than the minimum
amount necessary to conduct a conditional use listed in subdivision 2b
Section 1301.10 Subd. 2.c.(2)(b) hereof. Generally, fill shall be limited to
that needed to grade or landscape for that use and shall not, in any way,
obstruct the flow of flood waters. Fill shall be properly compacted and the
slopes shall be properly protected by the use of riprap, vegetative cover or
other acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100-
year flood elevation -FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure or
multi-lot development. These standards should be investigated prior to the
iniation of site preparation is a change of special flood hazard area
designation will be requested.
(b) Spoil from dredging or sand and gravel operations shall not be
deposited in the F.Z.D. unless it can be done in accordance with
a Section 1301.10 Subd. 2.c.(2)(a) above.
(3) Accessory Structures: Temporary or permanent accessory structures permitted
as conditional uses by subdi'vision 2b1 Section 1301.10 Subd. 2.(b) hereof.
(a) All structures, including accessory structures, additions to existing
structures and manufactured homes, shall be constructed on fill so that the
basement floor, or first floor if there is no basement, is at or above the
regulatory flood protection elevation. The finished fill elevation must be no
lower than one foot (1') below the regulatory flood protection elevation
and shall extend at such elevation at least fifteen (15') beyond the limits of
the structure constructed thereon.
• Flood Plain Ord. Page No.4
(b) All Uses: Uses that do not have vehicular access at or above an
elevation not more than two feet (2') below the regulatory flood protection •
elevation to lands outside of the flood plain shall not be permitted unless
granted a variance by the Board of Adjustment. In granting a variance, the
Board shall specify limitations on the period of use or occupancy of the use
and only after determining that adequate flood warning time and local
emergency response and recovery procedures exist.
(c) Accessory structures shall not be designed for human habitation.
(d) Accessory structures, if permitted, shall be constructed and placed on
the building site so as to offer the minimum obstruction to the flow of flood
waters.
(1) Whenever possible, structures shall be constructed with the longitudinal
axis parallel to the direction of flood flow, and
(2) So far as practicable, structures shall be placed approximately
on the same flood flow lines as those of adjoining structures.
Building-Eode:2 Accessory structures shall be elevated on fill or
structurally dry floodproofed in accordance with the FP-1 or FP-2 flood
proofing classifications in the State Building Code. As an alternative, an
accessory structure may be floodproofed to the FP-3 or Fp-4 floodproofing
classification in the State Building Code provided the accessory structure
does not exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for the parking of vehicles and limited
storage. All flood proofed accessory structures must meet the following
additional standards, as appropriate:
(1) The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be designed
to equalize hydrostatic floodforces on exterior walls: and
• (2) Any mechanical and utility equipment in a structure must be
elevated to or above the Regulatory Flood Protection Elevation or
properly floodproofed.
2 See Section 1001.01 of this Code.
•
Flood Plain Ord. Page No.5
• Section 7. Section 1301.11 Subd. 2 and Subd. 6 are hereby amended to read as follows:
Subd. 2. Application for Permit: Application for a use permit shall be made in duplicate to
the Zoning Administrator on forms furnished by him/her and shall include the
flowing where applicable: Plans in duplicate drawn to scale, showing the nature,
location, dimensions and elevations of the lot; existing or proposed structures, fill
or storage of materials and the location of the foregoing in relation to the stream
channel or water body.
Subd.6. Record of First Floor Elevation: The Zoning Administrator shall maintain a
record of the elevation of the first floor(including basement) of all new structures
or addition to existing structures in the flood plain districts. He/She shall also
maintain a record of the elevations to which structures or addition to structures are
floodproofed. (Ord. 536, 3-14-94)
Section 8. Section 1301.12 Subd.2 is hereby amended to read as follows:
Subd. 2. Decisions: The Planning and Zoning Commission shall consider the request at its
next regular agenda meeting unless the filing date falls within fifteen (15) days of
said meeting, in which case, the request would be placed on the agenda and
considered at the regular agenda meeting following the next agenda meeting. The
Clerk-Administrator shall refer said application along with all related information
• to the City Planning and Zoning Commission at least ten (10) days prior to the
regular meeting. The City Council shall then arrive at a decision on a conditional
use within sixty (60) days of the date on which the application was accepted as
complete and scheduled for the Planning Commission agenda meeting, except that
an extension of sixty(60) days may be allowed with notice to the applicant. In
granting a conditional use permit, the City Council may prescribe appropriate
conditions and safeguards, in addition to those specified in Section
1301.12 Subd. 7. hereof which are in conformity with the purposes of this
Chapter. Violations of such conditions and safeguards, when made part of the
terms under which the conditional use permit is granted, shall be deemed a
violation of this Chapter punishable under Section 1301.19. A copy of all decisions
granting conditional use permits shall be forwarded by mail to the Commission of
Natural Resources within ten(10) days of such action.
Section 9. Section 13.01.12 Subd. 3.a. is hereby amended to read as follows:
a. Upon receipt of an application for a conditional use permit for a use
within the F.Z.D., the applicant shall be required to furnish such of the
following information as is deemed necessary by the Planning and Zoning
Commission for the determination of the regulatory flood protection
elevation: • . . . - .•- .. . ••. - - •. •. . . .. .
•
Flood Plain Ord. Page No.6
111
• •
.. . . . - - • . • ••• .V . • • • •
lutation and-elevatioas of streets, photographs-showing existing land uses
. • • . '• . • . . • •• •. - - . . • •' ••-.
(1) plan (surface view) showing elevations or contours of the ground
(2) pertinent structure, fill or storage elevations:
(3) size, location and spatial arrangement of all proposed and existing structures on
the site; location and elevations of streets
14) photographs showing existing land uses and vegetation upstream and
downstream
(5) soil type
Section 10. Section 1301.12 Subd. 5.b. is hereby amended to read as follows:
b. Transmit one copy of the information described in subdivisiorr4a
Section 1301.12 Subd. 4.a. above to a designated engineer or other expert
person or agency for technical assistance, where necessary, in evaluating
the proposed project in relation to flood heights and velocities, the •
seriousness of flood damage to the use, the adequacy of the plans for
protection and other technical matters.
Section 11. Section 1301.12 Subd. 6 is hereby amended to read as follows:
Subd. 6. Time for Acting on Application: The city Council shall act on an application in
the manner described above within the time limits given above, except where
additional information is required pursuant to Section
1301.12 Subd. 3 and 4 of this Section. The City Council shall render a written
decision within fifteen (15) days from the receipt of such additional information
beyond the time limits given above.
Section 12. Section 1301.13 Subd. 2 is hereby amended to read as follows:
Subd.2. . . . . . - . '• • .••' '• • . • • • • ' - . • •- •
of the - . -, ' . - ' - • • - • ' • ,
• • • • - . • - • • - • . • V . • • • •
• • • - - . - . '.• • •1111• • •'•• • . • . .• • • . - •• - •• ••• •. . •
for the entiie structure. The cost of all structural alterations or additions both inside and
outside of a structure to any nonconforming structure over the life of the structure shall
•
Flood Plain Ord. Page No.7
• not exceed fifty (50) percent of the market value of the structure unless the conditions of
this Section are satisfied. The cost of all structural alterations and additions constructed
since the adoption of the Community's initial flood plain controls must be calculated into
today's current costs which will include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the current cost of all previous and
proposed alterations and additions exceed fifty(50) percent of the current market value of
the structure, then the structure must meet the standards of this ordinance for new
structures.
Section 13. Section 1301.13 Subd. 8 is hereby amended to read as follows:
Subd.8. The Zoning Administrator shall prepare a list of those nonconforming uses which
have been floodproofed or otherwise adequately protected in conformity with
••• •' . : Section 1301.12 Subd. 7 of this Chapter. He shall present
such list to the City Council which may issue a certificate to the owner stating that
such uses, as a result of these corrective measures, are in conformity with the
provision of this Chapter. (Ord. 535, 3-14-94)
Section 14. Section 1301.14 Subd. 3 is hereby amended to read as follows:
Subd. 3. Removal of Special Flood Hazard Area Designation: The Federal Emergency
Management (FEMA) has established criteria for removing the special flood
• hazard area designation for certain structures properly elevated on fill above the
100-year flood elevation. FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be requested.
(Ord. 535, 3-14-94)
Section 15. Section 1301.15 Subd. 2 is hereby amended to read as follows:
Subd. 2. Public Transportation Facilities: Railroad tracks, roads and bridges to be located
within the F.Z.D. shall comply with subdivisions 1301.10(2)c(1) and (2)c(2)
Section 1301.10 Subd. 2.c(1) and (2) of this Chapter. Elevation to the regulatory
flood protection elevation shall be provided where failure or interruption of these
transportation facilities are essential to the orderly functioning of the area. Minor
or auxiliary roads or railroads may be constructed at a lower elevation where
failure or interruption or transportation services would not endanger the public
health or safety. (Ord. 535, 3-14-94)
•
Flood Plain Ord. Page No. 8
Section 16. Section 1301.16 Subd. 1 is hereby amended to read as follows:
•
Subd.1. The flood plain designation on the Flood Plain Zoning Map shall not be removed
from flood plain area unless it can be shown that the designation is in error or that
the area has been filled to or above the elevation for the regional flood and is
contiguous to lands outside the flood pain. Special exceptions to this rule may be
permitted by the Commission of Natural Resources if he/she determines that,
through other measures, lands are adequately protected for the intended use.
Read by the City Council of the City of Mounds View this 26th day of August, 1996
Read and passed by the City Council of the City of Mounds View this day of
, 1996.
Jerry Linke, Mayor
ATTEST:
•
Chuck Whiting,
City Clerk-Administrator
APPROVED AS TO FORM:
Robert Long
City Attorney
•
Flood Plain Ord. Page No. 9
A
REQUEST FOR COUNCIL CONSIDERATION Agenda SectionjL4
STAFF REPORT Report Number: qb- I?2.3 C
'< Report Date: 8/22/96
• a CITY COUNCIL MEETING DATE
• .—
Reg% u1,t5+ 26 199 _ Special Order of Bus.
p,' £Sr•PasinwPps Consent Agenda
Public Hearings
�( Council Business
Item Description:Consideration of Formal Introduction of Ordinance No. 583 An Ordinance Relating to
Therapeutic Massage License Regulation: Amending Title 500 of the Mounds View Municipal Code by
Adding a New Chapter 514
Administrator's Review/Recommendation:
-No Comments to supplement this report
-Comments attached.
Explanation/Summary(attach supplement sheets as necessary)
Summary:
City Attorney Bob Long has drafted the attached massage therapy ordinance amendment for Council review
and action. The Council will recall the need for this ordinance amendment stemming from the adoption of the
City's adult entertainment ordinance. The purpose of the ordinance is to standardize and regulate this activity
for the health and safety of residents utilizing a legitimate service. Attorney Long will be present at the
meeting and can address any questions the Council may have regarding this amendment.
&-J2S
Chuck Whiting, Clerk- dministrator
RECOMMENDATION:
Recommendation for Council to consider and introduce Ordinance 583 as a first reading for adoption.
ORDINANCE NO. 96-583 •
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE RELATING TO THERAPEUTIC
MASSAGE LICENSE REGULATIONS: AMENDING
TITLE 500 OF THE MOUNDS VIEW MUNICIPAL
CODE BY ADDING A NEW CHAPTER 514
THE CITY OF MOUNDS VIEW ORDAINS:
Section 1. Title 500 of the Mounds View Municipal Code is amended by adding
a new Chapter to read:
Chapter 514: Therapeutic Massage
514.01 Findings. It is found and determined that:
a. persons who have recognized and standardized training in therapeutic
massage, health and hygiene provide a legitimate and necessary service
to the general public;
b. health and sanitation regulations governing therapeutic massage
enterprises and massage therapists will minimize the risk of the spread
of communicable diseases and promote health and sanitation;
c. license qualifications for therapeutic massage enterprises and massage
therapists will minimize the risk that such businesses and persons may
facilitate prostitution and other criminal activity in the city; and
d. massage services provided by persons with without recognized and
standardized training in massage can endanger citizens by facilitating
the spread of communicable diseases, by exposing citizens to unhealthy
and unsanitary conditions, and by increasing the risk of personal injury.
514.02 Definitions. The terms defined in this section have the meanings given
•them.
RCL103942
MU125-40 1
• Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and
other offensive, unsightly or extraneous matter.
Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips,
A9
pitting, excessive wear and tear, leaks, obstructions and similar defects.
Subd. 3. "Massage" means the rubbing, stroking, kneading, g
tapP in or
rolling of the body of another person with the hands for the purpose of physical fitness,
health-care referral, relaxation and for no other purpose.
Subd. 4. "Operate" means to own, manage or conduct, or to have control,
charge or custody over.
Subd. 5. "Therapeutic massage enterprise" means a place of business
providing massage services to the public for consideration: the term does not include
a hospital, sanitarium, rest home, nursing home, boarding home or other institution
for the hospitalization or care of other human beings duly licensed under the provisions
of Minnesota Statutes, Sections 144.50 through 144.69.
Subd. 6. "Therapeutic massage therapist" means a person who practices or
administers massage to the public for consideration.
• Subd. 7. "In the city"means physical presenceas well as telephone referrals
such as phone-a-massage operations in which the business premises, although not
physically located within the city, serves as a point of assignment of employees who
respond to requests for services from in the city.
514.03 License required.
Subd. 1. Therapeutic massage enterprise. It is unlawful to operate, offer,
engage in or carry on massage services in the city without a therapeutic massage
enterprise license.
Subd. 2. Therapeutic massage therapist license. It is unlawful to practice,
administer or provide massage services in the city without a therapeutic massage
therapist license.
514.04 Exemptions. A therapeutic massage enterprise license or therapeutic
massage therapist license is not required for the following persons and places:
a. persons licensed by the state to practice medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry, provided that the massage is
• administered in the regular course of the medical treatment not provided
as part of a separate and distinct massage business;
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b. persons licensed by the state as beauty culturists or barbers, provided the .
persons do not hold themselves out as giving massage treatments and
provided that massage by beauty culturists is limited to the head, hand,
neck and feet and the massage by barbers is limited to the head and neck;
c. persons working solely under the direction and control of a person duly
licensed by the state to practice medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry;
d. places licensed or operating as a hospital, nursing home, hospice,
sanitarium or group home established for hospitalization or medical care;
and
e. athletic coaches, directors and trainers employed by public or private
schools.
514.05 General rule. The owner or operator of a licensed therapeutic massage
enterprise may employ only licensed therapeutic massage therapists to provide
massage services. The owner or operator of a licensed therapeutic massage enterprise
need not be licensed as a therapeutic massage therapist unless that owner or operator
personally provides massage services.
514.06 License application. •
Subd. 1. Therapeutic massage enterprise. The application for a therapeutic
massage enterprise license must contain the following information:
a. For all applicants:
(1) whether the applicant is an individual, corporation, partnership or
other form of organization;
(2) the legal description of the premises to be licensed together with
a plan of the area showing dimensions, location of buildings, street
access and parking facilities;
(3) the floor number, street number and rooms where the massage
services are to be conducted;
(4) whether all real estate and personal property taxes that are due
and payable for the premises to be licensed have been paid, and if
not, the years and amounts that are unpaid;
•(5) if the application is for premises either planned or under
construction or undergoing substantial alteration, the application
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• must be accompanied by preliminary plans showing the design of
the proposed premises; if the plans for design are on file with the
building inspector, no plans need be submitted;
(6) the name and street address of the business if it is to be conducted
under a designation, name or style other than the name of the
applicant, and a certified copy of the certificate required by
Minnesota Statutes, section 333.02;
(7) other information that the city council may require.
b. For applicants who are individuals:
• (1) the name and date of birth and of the applicant and applicant's
residence address;
(2) if the applicant has ever used or been known by a name other than
the applicant's name, and if so, the name or names and
information concerning the dates and places where used;
(3) residence addresses of the applicant during five years preceding
• the date of application;
(4) the type, name and location of every business or occupation the
applicant has been engaged in during the preceding five years;
(5) names and addresses of the applicant's employers for the preceding
five years;
(6) if the applicant has ever been convicted of a felony, crime or
violation of an ordinance other than a minor traffic offense; if so,
the applicant must furnish information as to the time, place and
offense involved in the convictions;
(7) if the applicant has ever been engaged in the operation of massage
services; if so, the applicant must furnish information as to the
name, place and length of time of the involvement in such activity.
c. For applicants that are partnerships:
(1) the names and addresses of general and limited partners and the
information concerning each general partner described in subd.
• 1.b. of this section;
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(2) the managing partners must be designated, and the interest of
each general and limited partner in the business must be •
disclosed;
(3) a true copy of the partnership agreement must be submitted with
the application, and if the partnership is required to file a
certificate as to a trade name under Minnesota Statutes, section
333.02, a certified copy of that certificate must be submitted.
The license if issued will be in the name of the partnership.
d. For applicants that are corporations:
(1) the name of the organization, and if incorporated, the state of
incorporation;
(2) a true copy of the certificate of incorporation, and, if a foreign
corporation, a certificate of authority as described in Minnesota
Statutes, section 303.02;
(3) the name of the general manager, corporate officers, proprietor,
and other person in charge of the premises to be licensed, and the
information about those persons described in subd. 1.b.;
(4) a list of the persons who own or have a controlling interest in the
corporation or organization or who are officers of the corporation
or organization, together with their addresses and the information
regarding such persons described in subd. 1.b. of this section.
Subd. 2. Therapeutic massage therapist. An application for a therapeutic
massage therapist license must contain the following information:
a. the applicant's name and address;
b. the applicant's current employer;
c. the applicant's employers for the previous five years, including
employer's name, address and dates of employment;
d. the applicant's residence address for the previous five years;
e. the applicant's social security number, date of birth, home
telephone number, weight, height, color of eyes and color of hair;
•
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•
• f. if the applicant has ever been convicted of a felony, crime or
violation of an ordinance other than a minor traffic offense and, if
so, the time, place and offense involved in the convictions;
g. if the applicant has ever used or been known by a name other than
the applicant's name, and if so, the name or names and
information concerning dates and places where used;
h. evidence that the applicant:
(1) has current insurance coverage over $1,000,000 for
'professional liability in the practice of massage;
(2) is affiliated with, employed by or owns a therapeutic
massage enterprise licensed by the city;
(3) has completed 400 hours of certified therapeutic massage
training from a recognized school that has been approved by
the city manager;
(4) has one year of experience practicing massage therapy as
• established by an affidavit and can document within two
years of obtaining the license that the person has completed
400 hours or certified therapeutic massage training from a
recognized school; if such documentation cannot be
established at the time of license renewal, the license will
not be renewed and the person who received the license
based upon experience may not receive a license in the
future unless the person has the requisite certified hours.
i. other information that the city council may require.
514.07 Application and investigation fees. The fees for a massage enterprise and
therapist licenses are set forth from time to time by City Council resolution. An
investigation fee will be charged for therapeutic massage enterprise licenses. An
application for either license must be accompanied by payment in full of the required
license and investigation fees, if applicable.
514.08 Application verification and consideration.
Subd. 1. Therapeutic massage enterprise license. The city manager must verify
the information supplied on the license application and investigate the background,
• including the criminal background, of the applicant to assure compliance with this
section. Within 90 days of receipt of a complete application and fee for a therapeutic
massage enterprise license, the city manager must make a written recommendation
RCL103942
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to the city council as to issuance or nonissuance of the license. The city council may •
order additional investigation if it deems it necessary, but must grant or deny the
application within 120 days of receipt by the city manager of the complete application
and required fees.
Subd. 2. Therapeutic massage therapist license. Within 90 days of receipt
of a complete application and fee for a therapeutic massage therapist license, the city
manager must grant or deny the application. Notice will be sent to the applicant upon
a denial informing the applicant of the right to appeal to the city council within 20
days. If an appeal is properly made, the matter will be placed on the next available
city council agenda.
514.09 Persons ineligible for license.
Subd. 1. Therapeutic massage enterprise license. A therapeutic massage
enterprise license may not be issued to an individual who:
a. is a minor at the time the application is filed;
b. has been convicted of any crime directly related to the occupation licensed
as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and
who has not shown competent evidence of sufficient rehabilitation and
•
present fitness to perform the duties and responsibilities of a licensee as
prescribed by Minnesota Statutes, section 364.03, subdivision 3;
c. is not of good moral character or repute;
•
d. is not the real party in interest of the enterprise;
e. has misrepresented or falsified information on the license application.
Subd. 2. Therapeutic massage therapist license. A therapeutic massage
therapist license may not be issued to a person who could not qualify for a therapeutic
massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) doe s
not hold, a therapeutic massage enterprise license.
514.10 Locations ineligible for therapeutic massage enterprise license.
Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise
is located on property on which taxes, assessments or other financial claims to the
state, county, school district or city are due and delinquent. In the event a suit has
been commenced under Minnesota Statutes, sections 278.01-278.13, questioning the
amount or validity of taxes, the city council may on application waive strict compliance .
with this provision; no waiver may be granted, however, for taxes or any portion
thereof,which remain unpaid for a period exceeding one year after becoming due.
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Subd. 2. Zoning compliance. A therapeutic massage enterprise may not be
• licensed if the location of such enterprise is not in conformance with Title 1100 of the
Mounds View Municipal Code.
514.11 General license restrictions.
Subd. 1. Posting. A therapeutic massage enterprise license issued must be
posted in a conspicuous place on the premises for which it is used. A person licensed
as a therapeutic massage therapist must have in possession a copy of the license when
therapeutic massage services are being rendered.
Subd. 2. Area. A therapeutic massage enterprise license is effective only for
the compact and contiguous space specified in the approved license application. If the
licensed premises is enlarged, altered or extended, the licensee must inform the city
manager. A licensed therapeutic massage therapist may perform on-site massage at
a business, public gathering, private home or other site not on the therapeutic massage
enterprise premises.
Subd. 3. Transfer. The license issued is for the person or the premises
named on the approved license application. Transfer of a license from place to place
or from person to person is not permitted.
• Subd. 4. Coverings. The therapist must require that the person who is
receiving the massage will at all times have that person's breasts, buttocks, anus and
genitals covered with non-transparent material or clothing. A therapist performing
massage must have the therapist's breasts, buttocks, anus and genitals covered with
a non-transparent material or clothing.
Subd. 5. Prohibited massage. A therapist may not intentionally massage
or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person.
514.12 Restrictions regarding sanitation and health.
Subd. 1. A therapeutic massage enterprise must be equipped with adequate and
conveniently located toilet rooms for the accommodation of its employees and patrons.
The toilet room must be well ventilated by natural or mechanical methods and be
enclosed with a door. The toilet room must be kept clean and in good repair and be
fully and adequately illuminated.
Subd. 2. A therapeutic massage enterprise must provide single-service
disposal paper or clean linens to cover the table, chair, furniture or area on which the
patron receives the massage. If the table, chair or furniture on which a patron receives
the massage is made of material impervious to moisture, such table, chair or furniture
• must be sanitized after each massage.
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Subd. 3. The therapeutic massage therapist must wash the therapist's •
hands and arms with water and soap, anti-bacterial scrubs, alcohol or other
disinfectants prior to and following each massage service performed.
Subd. 4. Massage tables, chairs or furniture on which the patron receives the
massage must have surfaces that can be readily disinfected after each massage.
•
Subd. 5. Rooms in a therapeutic massage enterprise must be fully and
adequately illuminated.
Subd. 6. A therapeutic massage enterprise must have a janitor's closet that
provides for the storage of cleaning supplies.
Subd. 7. Therapeutic massage enterprises must provide adequate refuse
receptacles that must be emptied as required by this code.
Subd. 8. Therapeutic massage enterprises must be maintained in good repair
and sanitary condition.
Subd. 9. Therapeutic massage enterprises must comply with the requirements
of the Minnesota Indoor Clean Air Act.
•Subd. 10. A therapeutic massage enterprise must take reasonable steps to
prevent the spread of infections and communicable diseases on the licensed premises.
Subd. 11. Massage therapists must wear clean clothing when performing
massage services.
514.13 License term: renewals. Licenses expire annually on December 31. The
license fee will be prorated in 30-day increments for licenses issued after June 30. The
city manager must prepare an application form for the renewal of a license requiring
information that the manager determines necessary for consideration of the renewal.
The renewal application must be made no later than November 30.
514.14 Suspension: revocation. A license granted under this section may be
suspended or revoked by the city council by resolution upon notice and public hearing
for any violation of this Chapter, a conviction of any crime "or misdemeanor or any
fraud, misrepresentations or incorrect statement in the license application or in the
course of operating or conducting business.
514.15 Temporary therapist license.
Subd. 1. The city manager may issue a temporary theraputic massage therapist •
license as provided in this subsection.
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MU125-40 9
• Subd. 2. A temporary massage therapist license may be issued to a person who
a. is qualified to hold a massage therapist license under this section;
b. has completed the required application and paid the license fee at least
seven days prior to the efective date of the license.
Subd. 3. A temporary license is effective for four consecutive days. A person
may not be issued more than three temporary licenses in any period of 360 consecutive
days.
Subd. 4. All other provisions of this section apply to temporary licenses.
514.16 Hours of operation. A licensed therapeutic massage enterprise may not
operate for business between the hours of 9:00 p.m. and 7:00 a.m.
514.17 Violations and Penalties. Any person who violates any provision of this
Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Section 104.01 of this Code.
Section 2. This ordinance is effective thirty days after its publication.
i
Read by the City Council of the City of Mounds View this 26th day of August,
1996.
Read and passed by the City Council of the City of Mounds View this day
of , 1996.
Jerry Linke, Mayor
ATTEST:
Chuck Whiting, City Clerk-Administrator
APPROVED AS TO FORM:
City•
Attorney
Y
RCL103942
MU125-40 10
REQUEST FOR COUNCIL CONSIDERATION A
CURES STAFF REPORT Benda Section I i�
• Grip ,
Report Number: yC
.......
Report Date: 8/19/96
,..
JEW1 COUNCIL,MEETING DATE
Au st 26 1996
�$'Pn"�rrne�h�Qs Special Order of Bus.
Consent Agenda
Public Hearings
Council Business
Supporting Cooperative
Description: Consideration of Resolution Su X
Grant Application to Met. Council for I-35W Corridor Coalitooperative Livable Cities Demonstrationi
Executive Director's on Planning Activities.
-No Comments to Review/Recommendation:
supplement this report
-Comments attached.
Explanation/Summary(attach supplement sheets as neces
Summary: sary)
The City of Mounds View has been
Participating in the 35W Corridor Coalition with the Cities of New
Brighton, Roseville
Arden Hills and Shoreview. Since the adoption of resolution no. 4
joining to show a cooperative 951 approving
Mounds View's participation in the North
Metro 35W Corridor Coalition, the Cities of Blaine and
Minneapolis have express interest in
corridor, p ve spirit in addressing needs along the
Coalition has an opportunity to apply
nstration Account for the research and implementation strategies grant funds through the Metropolitan Livable Communities Act
403
along I-35W dealing with economic development, transportation,s in the development eofd a cooperative
employee training needs, coordinated GIS data systems and other co
that will affect the future of the corridor and the housing, contaminated lands,unityleconomic development issues
Corridor Cities.
The grant will include both a financial and in-kind co
the of evaluating how much of a commitment
from the Corridor Cities.
the process be able toprovideyou this may be dependant upon the total funding Coalition is in
Should with an estimate of funds needed if the grant is awarded request. I
at the Council
The deadline for submission of the grant is August 29, 1996. If . .
agreement will be signed by all Corridor Cities. Thegroup
the grant a awarded a point powers
powers agreement. is currently drafted the language of the joint
This is a very exciting project that could be a model for collaboration between cities for a co
able project meeting and exceeding the Met Councoil js
Livable Communities Act objectives. The
highly fund
fi _
Cao y Benne , Econ. Dev. Coordinator
`EApprove A ove resolution supporting Cooperative Livable Cities Demonstration G
P on to Met. Council for I-35W Corridor Coalition Planning Activities. rant
RESOLUTION NO. 4984
CITY OF MOUNDS VIEW •
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION SUPPORTING COOPERATIVE LIVABLE CITIES DEMONSTRATION
GRANT APPLICATION TO METROPOLITAN COUNCIL FOR
I-35W CORRIDOR COALITION PLANNING ACTIVITIES
WHEREAS, the Cities of Arden Hills, Blaine,Minneapolis, Mounds View,New
Brighton, Roseville and Shoreview(I-35W Coalition Cities) directly border the Northern Metro
Section of Interstate 35W(I-35W Corridor) and are participants within the Metropolitan Liveable
Communities Act; and
WHEREAS, the I-35W Coalition Cities have commenced a collaborative effort to
discuss, identify and address macro economic development,housing, transportation,
contaminated lands, employee training needs, and other physical land use and community
planning issues along the entire 1-35W corridor; and
WHEREAS, the I-35W Coalition Cities intend to utilize this information to guide and
support the development of essential transportation and infrastructure improvements along the I- •
35W Corridor, as well as to assist in determining appropriate mass transit policies, and for
assisting to develop a coordinated/collaborative database and GIS system, compatible with
metropolitan GIS system decisions; and
WHEREAS, the I-35W Coalition Cities desire to utilize this strategic alliance to assist in
marketing and guiding development along the I-35W Corridor, consistent with the intent of the
Metropolitan Livable Communities Act and Metropolitan Council's Regional Blueprint and
individual community land use plans; and
WHEREAS, the I-35W Coalition Cities approved resolutions earlier this year supporting
the intent behind the coalition's efforts and each Cities' participation within it; and
WHEREAS, the I-35W Coalition Cities have been meeting for several months in
developing this collaborative effort and are in the process of preparing and intend to enter into a
formal joint powers agreement within the next several months for the purpose of carrying out the
goals and objectives of this collaborative effort, including the designation of a fiscal agent; and
WHEREAS, the information collected and analyzed through the efforts of the I-35W
Coalition will be critical to the discussion and policy decisions associated with the current
metropolitan area growth options; and
WHEREAS, the success of this collaborative effort will be dependant upon havingaccess •
P P
to adequate resources to comprehensively research and address the critical issues that impact all
I-35W Coalition Cities and I-35W Corridor; and
WHEREAS, the goals and objectives of the I-35W Coalition cities are consistent with the
funding guidelines established within the Metropolitan Livable Communities Act and would be
0 an appropriate source of funds for assisting in implementing this long term planning effort.
NOW THEREFORE BE IT RESOLVED that the Mounds View City Council, in and for
the City of Mounds View, as a participating community within the I-35W Coalition, strongly
supports the preparation and submittal of a grant application to the Metropolitan Council under
the Metropolitan Livable Communities Act, and other appropriate funding sources, in order to
secure funds for implementing the goals and objectives of the coalition.
Adopted this 26th day of August, 1996.
Al-FEST:
Mayor
•
(SEAL)
Clerk Administrator
0
0
I
RESOLUTION NO.
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE SCHEDULING OF CERTAIN
MEETINGS OF RESIDENTIAL GROUPS IN THE BEL RAE
WHEREAS, numerous Mounds View groups have been approaching city
staff and city council members requesting use of the Bel Rae for meetings that
cannot be accommodated in any other city facility, and
WHEREAS, the city currently has computer software to schedule use of city
facilities, has policies requiring payment of key deposits and room deposits, and is
familiar with the needs and risks associated with various residential groups who
have used city facilities, and
WHEREAS, it is the intention of the City Council to encourage civic use of
the Bel Rae during the interim period in which planning for its renovation continues;
NOW THEREFORE, BE IT RESOLVED, THAT city staff be allowed to
schedule meetings of Mounds View residential groups such as homeowner and
rental association meetings, neighborhood crime watch meetings and similar
meetings of residents which cannot be accommodated in other city facilities, using
existing policies for use of other city facilities, with the understanding that any such
scheduled meetings could be canceled with a two-week notice if staff determines
such meeting would interfere with plans for remodeling of the Bel Rae.
Adopted this day of August, 1996.
ATTEST:
Mayor
(SEAL):
Clerk-Administrator
f
THIS IS IT. . . .
FOR THE WEEK OF AUGUST 19 - AUGUST 23, 1996
ADMINISTRATION
As the summer starts winding down(sad thought isn't it)things are starting to gear up in a few
areas. Cathy and I did receive an updated Bel Rae survey that looks pretty good. Decision
Resources will begin the survey shortly and I will contact the newspapers to let them know this is
going on. As Council members know, I was unable scheduled a meeting for next week to further
discuss this project, but perhaps with the survey results, a meeting in early September will
suffice. The Council may wish to set a date for this meeting on Monday. We have also been
working with Recreation to outline a fall Bel Rae use program and their associated costs. The
programs costs appear nominal and the uses are low key. More work is being done on special
event opportunities as well. Staff will report on that area to the Council at the September 3 work
session. I have also received a request from Northwest Youth&Family Services to locate a
Community Clothing Connection service in the building. We also have an energy auditor
coming today to look at the building, as well as City Hall and the Public Works garage. This
may lead to some grant money.
With Pam on board, we are getting back into the swing on the pedestrian bridge. The two issues
being worked on right now are securing the easements at the two ends of the bridge, and the
future of the pond. Both of these will likely be discussed again at the September 3 work session.
The Quad Rink project is moving along too. Mounds View will host councils from New
Brighton, Arden Hills and Shoreview next week to discuss our options. The four communities
are slated to have one of the four rinks and the business side of such an arrangement has to be
sorted out. Other options may also come out of this discussion.
We are also creeping along on the 1997 budget. I am realizing that some of my problems in
moving this faster have come from first, getting a handle on the program side, and second, what
additional steps need to be taken to further the programming. I appreciate the patience the
department heads and Council have shown, and fully expect to have a reasonable preliminary
budget to present in early September.
Cathy and I met with a new consultant on the Everest project. Dave Maroney of Community
Partners in Northfield is looking at the Everest and TIF situation and hopefully will be able to
come up with some options that may get this project going or putting it to rest.
And as always there have been plenty of meetings to go to. Today I will have lunch with the
County Administrator and no doubt learn about everything there is to know about Ramsey
County government. Have a good weekend!
Chuck
ECONOMIC DEVELOPMENT
• I am working with Bob Long in drafting a rental contract for Rental Use of the Bel Rae.
We will be preparing information on how to structure the use of liquor at the facility,
protection against damages, costs associated with private rental, etc. The information
will be brought forth at the September 3rd work session for discussion.
• Pam and I continue to work on a potential use of the O'Neil Property. The developers,
who are based out of Dallas, finally made contact with the owner and have met with her
attorney. She is willing to sell the property to this group but all will be contingent upon
City's willingness to support the use and assist with the ponding issues. Pam met with
Rocky and he suggested that the wetland be delineated prior to making a determination
regarding the impact of the proposed use. The developer will be preparing a draft site
plan for Council review at the September work session.
• The I-35W Corridor Coalition is pulling together the expertise in each City to complete
the grant application. Mounds View was assigned two sections; Business Retention and
Development and Housing. Pam and I have prepared draft program outlines for these
sections and Strauss Management Company is pulling the pieces together for a
coordinated grant application. The committee will meet again Monday, Aug. 26,to
finalize the grant. City Council item for consideration includes a resolution supporting
Mounds View's participation in the grant application to Met Council as part of the
Metropolitan Livable Communities Act.
• The EDC will meet this week for their regularly scheduled August meeting. One of the
items on their agenda includes reviewing possible uses for the Blue House property and
Win/Jones Property. This area along Highway 10 was the Council's third priority. I have
had several inquiries regarding the property and need some direction with regards to
types of uses, City's participation,possible sales price, etc. The EDC's recommendations
will be brought to the Council\EDA at the September work session.
Cathy
PARKS, RECREATION AND FORESTRY
PARKS:
Steve Dazenski is out this week for surgery and recovery. He will hopefully be feeling better as he
anticipates being back to work the middle of next week. Graffiti at Lambert Park hockey rink
required unexpected time and labor to repaint- graffiti remover just couldn't rid of that red paint.
Routine park maintenance with the addition of painting soccer fields continue. Overgrown
landscaping bushes around playground equipment at Groveland, bushes obscuring Woodcrest Park
building windows, and overgrown bushes at Random Park are being removed. The trend for high
visibility is a priority over landscape bushes and we are adapting our park facilities thus. Parks
crew continue to pick up branches and trim broken limbs off park trees damaged in the storm.
RECREATION:
Fall programming is in its final stages of planning. Fall is an exciting time because of so many
special holidays and activities. Everyone seems eager to get the brochure and sign up for
activities. Many groups have requested park facilities for meetings, the calendar of users is being
prepared. We are sorry to announce that our beloved Pre-School instructor Rene Rach is leaving
for a full time position offering benefits. She has been with our program for many years. She is
loved by many children throughout the community. Her services have been greatly appreciated.
We will really miss her. So, we are looking for a new preschool instructor to take her place.
CABLE TV:
The Cable TV Committee met last Wednesday and discussed September programming, including
candidates forums . Election coverage was also planned. As always, ideas for programs exceed
time for production. We are awaiting the purchase of more decks to allow more playback
capabilities. Money is granted from the Lion's Club.
FORESTRY:
Congratulations to the City of Mounds View and thanks to Forester Wriskey for being one of
eleven cities of Minnesota that were awarded the DNR Award for Oak Wilt Control. Our award
was a Red Oak tree, which will be planted at City Hall, amongst the grove of Oak Trees. The
award commends efforts such as use of the vibratory plow which cuts the roots that infect other
trees with Oak Wilt. The program was quite inspirational with speakers including Senator
Wellstone and Congressman Luther,who both supported programs for such tree disease efforts.
Mary
FINANCE
• Work continues on the 1997 budget and Long Term Financial Plan. Cathy&myself met
with Ramsey County to discuss the methods used in calculating Tax Increment payments;
we are in the process of preparing/updating TIF projections for future planning.
• Utility bills went out last week which has resulted in a lot of calls this week. Dorothy is on
vacation this week so Kitty is handling most of the calls.
• On Wednesday, I was at a meeting discussing performance reporting. In 1997 the State
reduce our HACA(Homestead credit)by approximately $12,700 and established a Local
Performance Aide which should be approximately the same amount as the reduction.
During 1997 and 1998, cities that development a method for collecting and reporting
performance will the Local Performance Aide. Over the next year, we will need to
evaluate this requirement,the services we provide, etc. and determine whether the benefits
derived from collecting and reporting this information exceeds the associated cost.
Bruce
PUBLIC WORKS
► A water leak was discovered in the entrance of McDonalds. Staff called in an emergency
locate and is enlisting the help of New Brighton and their drill truck. Staff is NOT
repairing the leak,the owners of the restaurant are having a contractor fix it.
► The slurry sealing is complete! Struck& Irwin did a great job, with only one 1/2 day the
sealing was delayed because of rain. We had telephone calls from residents, expressing
their views and opinions
► Bill Hanggi is back from his two week vacation. Larry is also back from a weeks' of
vacation.
► The Sewer Department assisted the City of Blaine, with the cleaning of a sewer main. Don
Beckman, Utility Foremen, called and gave Wally and Larry nothing but compliments.
"They really know how to operate that machine. Everything went so smooth." Don also
remarked at how clean and well maintained our equipment and vehicles are every time he
sees them. Don went to his Director of Public Works and told him maybe they should take
a lesson from the City of Mounds View!
► Tracy has been working with Cathy Rocklitz, Kennedy and Gravens, regarding the
relocations on Old Highway 8.
Tracy
POLICE
• The Chief, Investigators, and COPS Officer met with Edgewood School Administrators to
plan for the upcoming school year. Police\School policies were discussed. They were also
advised that DARE would not be in their school this year.
• A COPS meeting was held this Wednesday. Updates on current projects and Fall projects
were discussed.
• The annual Viking Football Card Program started this week and will continue for 13
weeks.
• Our new Officer, Steven Menard, will start work on Monday.
• We have had two (middle of the night)burglaries this week. Both occurred in the
Greenfield Park area. Suspect(s) cut screen on a door or a window, enter the house, and
steal a purse. Suspects are believed to be three teenage boys.
• Dave Brick is on vacation this week.
Tim
COMMUNITY DEVELOPMENT
• Replacement Housing Program: We will be closing on our first house(8265 Spring
Lake Road)for the Housing Replacement program on Monday, August 26. Cathy
Rocklitz,paralegal from Kennedy& Graven, will be present to assist us. The
environmental survey was returned indicating a presence of asbestos in the bathroom;
however, not enough to warrant special removal. We hope to find a contractor for
demolition within a couple of weeks and begin construction before winter.
• Registration of Multi-Family Units: For 1996, we have changed our multi-family
registration process. We are asking that all units pass inspection, fees are paid and
registration information is submitted prior to licensing the property. Owners will not be
sent a Certificate of Registration until all three items have been fulfilled. The inspections
are almost completed and Barb is busy sending notices to pay fees and registration
information.
• 35W Corridor: Pam Sheldon attended a meeting of the 35W Corridor Coalition, where
the cities participating discussed submitting a grant application to the Metropolitan Council
under the Livable Communities Demonstration Account. The major issues which would
be addressed would include Employment and Economic Development, Housing
Opportunities and Issues, Transportation, and Information Systems. Each city was
assigned a section of the grant to write. We have prepared a draft of the housing section.
The next meeting will be on August 26, 1996.
• Code Enforcement (in the interim): While we are short-staffed, Jennifer Bergman, our
housing inspector,will be helping with code enforcement calls.
• Recruitment for Planning Associate: Advertisements have been placed in the
newspaper for the Planning Associate position, and the recruitment period will end on
August 30.
Pamela
UouciS �Q
LIONS CLUB
July 25,1996
Chuck Whiting, City Administrator
City of Mounds View
2401 Hwy # 10
Mounds View, Mn. 55112
Dear Chuck:
The Mounds View Lions want to take this opportunity to
thank.. the city, especially the Park & Recreation Department
for thier cooperation at the 96 Festivalin the Park.The
operatiionrof our food booth was made mush easier due to the
Park & Rear. availability of coolers and equipment from the
Bel Rae.
The feedback we have received on the Festival,the city and
Festival Committee should be complimented on a jab well, done.
It certainly brought all ages in the community together.The
comments as people passed: through Our booth were very positive.
The Liens just want to commend the City Park & Ree. for a job
well done,
Sincerely,
'620- '.7\ r--75'
fi'
Pre. Jerry Gammell Booth Chairman Secretary
Mounds View Lions Lion Ray Long Lion Don Hodges
cc: Mayor & City Cbunwiitember
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