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HomeMy WebLinkAboutAgenda Packets - 2015/06/22CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 22, 2015 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Resolution 8419 Recognizing Eagle Scout Daniel Niedfeldt-Thomas B. Annual Storm Water Public Information Meeting 7. COUNCIL BUSINESS A. 7:00 pm Public Hearing, Second Reading and Adoption of Ordinance 903, an Ordinance Amending Chapter 701 of the Mounds View Municipal Code to Allow for the Keeping and Raising of Chickens and/or Ducks. (ROLL CALL VOTE) B. Resolution 8430, Approving the 2015 Festival in the Park of Mounds View Contract C. Introduction and First Reading of Ordinance 904 to Amend Chapter 1106 of the Mounds View Zoning Code to Allow Additional Types of Exterior Materials on Columbaria D. Resolution 8431, Approving an Engineering Services Agreement with Braun Intertec for Construction Materials Testing and Special Inspection Services Related to Mustang Drive 8. CONSENT AGENDA A. Set a Public Hearing for Monday, July 13, 2015 at 7:00pm, for the Second Reading and Adoption of Ordinance 904, Amending the Mounds View Zoning Code to Allow Additional Types of Exterior Materials on Columbaria B. Set a Public Hearing for Monday, July 13, 2015, at 7:00pm, to Consider a Residential Kennel License located at 2280 Pinewood Drive C. Set a Public Hearing for Monday, July 13, 2015, at 7:00pm, to Consider a Residential Kennel License Located at 5414 Jackson Drive D. Set a Public Hearing for Monday, August 10, 2015, at 7:00pm, to Approve Additions and Revisions to the 2015 Fee Schedule 9. JUST AND CORRECT CLAIMS Monday, June 22, 2015 City Council Agenda Page 2 10. APPROVAL OF MINUTES A. Monday, May 11, 2015, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, July 6, 2015, at 7pm Next Council Meeting: Monday, July 13, 2015, at 7pm 13. ADJOURNMENT RESOLUTION NO. 8419 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOGNITION OF DANIEL NIEDFELDT-THOMAS ON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, Daniel Niedfeldt-Thomas is a member of Boy Scout Troop 267 and until recently, was a resident of the City of Mounds View; and, WHEREAS, Daniel has performed many hours of service in support of the Mounds View Festival in the Park parade and car show; and, WHEREAS, Eagle Scout is the highest rank attainable in the Boy Scouting program of the Boy Scouts of America; and, WHEREAS, requirements to attain the rank of Eagle Scout include earning at least 21 merit badges and demonstrating Scout Spirit through the Boy Scout Oath and Law, service, and leadership; and, WHEREAS , Daniel’s Eagle Scout project was completed this spring--he designed and coordinated completion of an outdoor seating area at St. Joan of Arc Catholic Church; and, WHEREAS, Daniel was presented with his Eagle Scout Award at a ceremony on May 17, 2015, at the Mounds View Community Center. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does hereby extend congratulations and deserved recognition to Daniel Niedfeldt-Thomas on his noteworthy and tremendous achievement of attaining the rank of Eagle Scout. Adopted this 22nd day of June, 2015. ___________________________ Mayor Flaherty _____________________ ____________________ Councilmember Gunn Councilmember Hull ______________________ ____________________ Councilmember Meehlhause Councilmember Mueller ATTEST: ________________________ City Administrator Ericson (seal) Item 06A Special Order of Business Item No: 06B Meeting Date: June 22, 2015 Type of Business: SO City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian Erickson, P.E., Director of Public Works/City Engineer Item Title/Subject: Annual Storm Water Public Information Meeting Introduction: As part of the City of Mounds View’s Municipal Separate Storm Sewer System (MS4), there is a requirement for an annual public information meeting. Discussion: The City of Mounds View as a MS4 permitee by the Minnesota Pollution Control Agency (MPCA) is charged with meeting a number of requirements. One of those requirements is an annual Storm Water Public Information Meeting. As part of this meeting Public Works will present an update of the actions completed for 2014 as well as initiatives for the future. Respectfully submitted, _______________________ Brian Erickson Director of Public Works/City Engineer Item No: 7A Meeting Date: June 22, 2015 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 903, an Ordinance Amending Chapter 701 to Add Provisions for the Keeping and Raising of Chicken and Ducks in Certain Residential Districts (ROLL CALL VOTE) Introduction: Over the last few years, Council members have been asked to amend the City Code to allow residents to keep chickens in their backyards. With urban chickens and urban farming a frequent topic in cities and suburbs across the country, the City Council has been asked once again to consider the potential for something similar here in Mounds View. At the May 4, 2015, the Council directed staff to prepare language for consideration. On May 26, 2015, the Council reviewed a more refined set of conditions wo form the basis of the attached ordinance. On June 8, 2015, the Council approved the first reading and introduction of the ordinance, with a few revisions. City Code reference: The Mounds View City Code defines farm animals in Section 701.03 as follows: Subd. 2. FARM ANIMALS. Those animals commonly associated with a farm or an agricultural setting. Unless otherwise defined, farm animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys, pheasants), fowl (ducks, geese), swine (including Vietnamese pot- bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Later in this same Chapter, Section 701.06 prohibits farm animals as follows: Subd. 1. Nuisance Declared: It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety, and welfare for an owner within the City to keep or raise any farm animal unless the animal is currently being kept or raised on the date of the enactment of the ordinance. Discussion: At the June 8, 2015, City Council meeting, the Council considered the first reading of Ordinance 903. A few minor changes were made to the ordinance which are summarized as follows: • Allowance only to chickens and ducks instead of the more broadly defined poultry and fowl • Removed submission of a “neighbor consent form” as a condition of application • Removed requirement that birds be leg banded for identification purposes • Excluded drakes (male ducks) in addition to roosters. Ordinance 903 June 22, 2015 Page 2 Regarding the issue of adjacent neighbor consent, the City Attorney has suggested that this not be a condition of application or a condition of approval. My sense is that the Council wishes that applicants communicate their intentions to their neighbors, however staff is uncertain how to articulate that in Code. Since all new permits would require a public hearing, perhaps asking the applicant to provide notification to neighbors would be redundant and challenging to accomplish. The City Attorney can provide additional input on that point at the meeting. One final revision has been made to the ordinance relating to zoning districts in which chickens or ducks would be allowed. Because of complications due to narrow property widths and shared backyards, staff proposes further restricting application to only those properties zoned R-1, Single Family Residential, eliminating R-2, Single and Two Family Residential. As modified, the ordinance now incorporates the following conditions and restrictions: • No more than 8 Chickens or Ducks would be permitted • R-1 Single Family Residential properties only • No roosters or drakes would be allowed • Annual permit and fee required, inspection as deemed necessary. • No slaughtering / beheading on premises. • Yards shall be fenced, birds confined to property. • Food to be kept in a watertight, rodent-proof container. • Coops shall be located at least 20 feet from a lot line and at least 20 feet from house • Coops shall be maintained in a clean and sanitary manner. • Coops shall be considered an accessory building, permit required. • Permit can be revoked/denied by the Council for cruelty, negligence or nuisance. Public Feedback since June 8, 2015: Staff received letter from a property owner on Raymond Avenue, Michael Kinyon, urging the City Council to deny the proposed ordinance, as he believes chickens and ducks are not appropriate in residential districts in a city. (See attached.) Ordinance 903 June 22, 2015 Page 3 Recommendation: Staff recommends the City Council hold the public hearing and consider the second reading and adoption of Ordinance 903, an ordinance which amends Chapter 701 of the City Code to allow the raising and keeping of chickens and ducks on single-family residential properties subject to the noted conditions. If approved, staff would recommend the City Council, by motion, approve the annual and renewal license fees, proposed to be $100 and $30, respectively. If adopted, the ordinance would become effective on August 3, 2015, barring a petition challenging the ordinance. Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. Ordinance 903 ORDINANCE 903 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 701 OF THE MOUNDS VIEW CITY CODE TO ADD PROVISIONS FOR THE KEEPING AND RAISING OF CHICKENS AND DUCKS IN SINGLE-FAMILY RESIDENTIAL DISTRICTS The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 700, Chapter 701, of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 701.06: RAISING/KEEPING DOMESTIC OR FARM ANIMALS: Subd. 1. Nuisance Declared: It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety, and welfare for an owner or resident within the City to keep or raise any farm animal unless the animal is currently being kept or raised on the date of the enactment of the ordinance, except as noted below. a. Residents on properties zoned R-1, Single Family Residential, may be permitted to keep and raise up to eight (8) chickens and/or ducks under the following conditions and restrictions: (1) Residents seeking approval to keep and raise chickens or ducks shall submit an application, application fee, site plan and coop specifications incorporating generally held best practices. Initial applications shall be considered by the City Council after holding a public hearing on the matter. Renewals may be approved administratively unless the City has received substantiated complaints or related violations have been noted during the previous year. (2) Coop structures shall be set back at least twenty (20) feet from property lines and the subject home; coops shall only be located in rear yards. New coops shall require a permit and shall be considered an accessory building subject to all other conditions referenced in Section 1106.06 of the Zoning Code. (3) Coops and the subject property shall be maintained in a clean and sanitary manner and may be subject to City inspection as may be deemed necessary. (4) Backyard areas within which chicken or ducks are allowed to roam shall be fenced to confine said birds to subject property. (5) Neither roosters nor drakes shall be permitted. (6) No slaughtering or beheading shall be permitted on the subject premises. (7) Food shall be stored in a watertight, rodent-proof container. (8) Permits are valid for one year and shall be renewed annually. Permits may be revoked or denied by the City Council based on cruelty, negligence or nuisance. In such event, the property owner shall be provided with an opportunity to be heard. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On June 22, 2015, the City Council adopted Ordinance 903 that amends Chapter 701 of Mounds View Municipal Code to provide for limited and controlled raising and keeping of chickens and/or ducks on properties zoned R-1, Single Family Residential. Residents would be limited to no more than eight such birds restricted to backyard areas. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds- view.mn.us. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING: June 8, 2015 SECOND READING AND ADOPTION: June 22, 2015 PUBLICATION DATE: July 3, 2015 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Ordinance 903 Page 2 FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this ____ day of June, 2015, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Festival in the Park of Mounds View” (the “Festival”), to be held on August 22, 2015; and WHEREAS, pursuant to Minnesota Statutes, and other laws, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of August 21, 2015, and will terminate as of August 23, 2015 (the “Termination Date”). 3. City Contribution. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. The City will provide the assistance of City equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The City will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. In support of the community-based Festival, the City will provide assistance in additional expenditures, not to exceed $5,000, to assist the Committee in payment of the Fireworks Show. If the Agreement should be terminated for any reason prior to the Termination Date, the City’s assistance to the Corporation will cease upon termination. In such case any unfulfilled assistance as set forth in Exhibits A and B will remain unfulfilled. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. d. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. The Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival, and the City will retain these records for three (3) years. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 County Road 10 Mounds View, MN 55112 ATTN: City Administrator Corporation: 2085 Hillview Rd Apt. 1 Mounds View, MN 55112-1314 ATTN: Theresa Cermak, President or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by written authorization and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and consultants against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing the assistance contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: City Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $35/hr $1400 3 seasonal workers (if needed) X 12 hrs @ approx. $13.hr $468 2. Police: 2 officers X 8 hrs @ approx. $55/hr $880 Total: $2,748 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator – Car Show Extra generator – (back-up) Post pounder 2 Utility trucks 1 Golf cart or equivalent (only used by city staff) Hoses Extension cords Water shut off keys Barricades (Parade and City Hall Parking Lot) Public Works Vehicles for the Parade 5 Rectangular Tables (For Car Show) 10 folding chair (For Car Show) 20 Orange Cones (For Car Show) 20 Orange Cones (MVCC- Section off parking area for Irondale) 20 rectangular tables (MVCT) 110 folding chairs (MVCT) 15 rectangular tables (in front of Beer Garden Tent) 100 folding chairs (in front of Beer Garden Tent) Mesh Fencing for the Beer Garden, K9 Demo and for the Lions Food Booth 2. Fire Dept: Fire truck(s) for Parade and Bucket Ride 3. Police Department Police Vehicle(s) for the Parade Item No: 07B Meeting Date: July 11, 2016 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8603, Approving the 2016 Mounds View Festival in the Park Agreement Background: For 2016, the City has budgeted $9,500 (Budget Account Number: 100-4110-3900) in support (in-kind donation) of the Festival in the Park event; to pay for City personnel and equipment expenses ($4,500), and for payment of the Fireworks Show ($5,000). The Mounds View Festival in the Park is scheduled for Saturday, August 20, 2016. Discussion: The 2016 Festival in the Park Agreement was reviewed by the City Attorney and the Festival Committee. The President of the Festival Committee, Theresa Cermak, will be present to answer any questions. Recommendation: Attached for your approval is the 2016 Festival in the Park Agreement. Staff recommends approval of Resolution 8604, authorizing the execution of the agreement with the Festival in the Park of Mounds View Committee for the August 20, 2016, Festival in the Park event. Respectfully Submitted, __________________________ Desaree Crane RESOLUTION 8604 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE EXECUTION OF THE AGREEMENT WITH THE FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE 2016 FESTIVAL IN THE PARK WHEREAS, The City of Mounds View desires to co-sponsor an annual community event entitled “Mounds View Festival in the Park” to be held on August 20, 2016; and WHEREAS, the 2016 Festival Agreement, attached as Exhibit A, has been reviewed by the City Council, the City Attorney, and have been reviewed and approved for execution by the Festival in the Park of Mounds View Committee, the non-profit organization in charge of the Festival. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its execution by the Mayor and City Administrator. Adopted this 11th day of July, 2016. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal) Item No: 7C Meeting Date: June 22, 2015 Type of Business: Council Business Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Introduction and First Reading of Ordinance 904, Amending Chapter 1106 of the Mounds View Zoning Code to Allow Additional Types of Exterior Materials on Columbaria The City Council recently adopted Ordinance 899 that allows columbaria at churches. Due to the large increase in cremations rather than burials, more places are needed to store urns. Mounds View does not currently have any cemeteries, and the City Code did not address columbaria, so language was added to specifically allow and add some requirements for columbaria. The Planning Commission did not want to allow brick on the exterior of the columbaria out of concern for it not being maintained long-term. The ordinance was passed with language that did not allow brick. The Mounds View church that is planning to install columbaria would like to put brick on the exterior since it will be against their building, which is brick, and has requested that the ordinance be amended to allow brick exteriors. Staff met with church members, and were given more information and examples of how it is common to use matching brick on the columbaria at churches. The City Council is supportive of making an amendment to allow brick on the exteriors of columbaria. Staff has also added bronze as an allowed exterior material, and removed the word “solid” from in front of stone in order to allow any types of stone. The Planning Commission discussed the amendment at their June 17, 2015 meeting and passed Resolution 1031-15, recommending approval of the code amendment to allow additional exterior materials on columbaria. Recommendation Staff recommends the Council review Ordinance 904, amending the Zoning Code to allow other types of materials on the exterior of columbaria. Sincerely, Heidi Heller, Planning Associate Attachments: 1. Photos of brick on columbaria (www.eickhofcolumbaria.com) 2. Ordinance 904 PHOTOS OF BRICK EXTERIORS ON COLUMBARIA PHOTOS OF BRICK EXTERIORS ON COLUMBARIA PHOTOS OF BRICK EXTERIORS ON COLUMBARIA ORDINANCE 904 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1100, CHAPTER 1106 OF THE MOUNDS VIEW ZONING CODE TO ALLOW ADDITIONAL MATERIALS ON THE EXTERIOR OF COLUMBARIA AT RELIGIOUS INSTITUTIONS; SPECIAL PLANNING CASE 193-15 The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100 Chapter 1106.03 of the Mounds View City Code pertaining to “Accessory Uses” by deleting the stricken language and adding the underlined text as follows: 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: Subd. 8. Columbarium as an accessory use to a religious institution; subject to the following conditions: (a) The religious institution must own the property on which the columbarium is placed. (b) The exterior of the columbaria must be solid stone, brick, bronze, stainless steel or aluminum. (c) The combined square footage of all accessory buildings, including columbaria, shall not exceed 1,800 square feet. (d) Columbaria shall only be placed in a side yard or rear yard area. (e) Columbaria shall have a minimum side yard and rear yard setback of five (5’) feet. (f) Columbaria height shall not exceed eighteen (18’) feet or that of the principal structure, whichever is less. (g) If the religious institution ceases operation, all urns and remains must be removed from the property within three (3) months. Ordinance 904 Page 2 SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On July 13, 2015, the City Council adopted Ordinance 904 that amends Chapter 1106 of the Mounds View Municipal Code. This amendment will allow additional materials, such as brick and bronze, on the exterior of columbaria, which are structures designed to hold urns with a deceased’s cremated remains, on properties owned by religious institutions. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the Mounds View City Council the 22nd day of June, 2015. PUBLIC HEARING, SECOND READING AND ADOPTION by the Mounds View City Council the 13th day of July, 2015. PUBLICATION DATE: July 24, 2015. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Item No: 07D Meeting Date: June 22, 2015 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian Erickson, P.E., Director of Public Works/City Engineer Item Title/Subject: Resolution 8431, Approving an Engineering Services Agreement with Braun Intertec for Construction Materials Testing and Special Inspection Services Related to Mustang Drive Introduction: The City Council is asked to approve an engineering services agreement with Braun Intertec for construction materials testing and special inspection services related to Mustang Drive and Mustang Circle. Discussion: The construction contract for Mustang Drive and Mustang Circle Pavement Rehabilitation and Drainage Improvements (Project # 2014-C01) was awarded at the June 8, 2014 Council meeting. However, one additional and necessary element to insure the success of this project is the material testing services required during construction. As a result fee proposals were solicited from two firms for these services. Braun Intertec’s proposal was the lowest priced at $5,237 for the soil, concrete and bituminous testing. These services are customary for street and utility construction. Public Works recommends adding a 15% or $785 contingency to the total fee proposal in the event additional quality assurance testing is required. It should be noted that this proposal is based on estimated hours and reimbursable expenses, and as a result the final cost could be higher or lower than this estimate. Recommendation: Staff recommends the City Council adopt the attached resolution authorizing the approval of an engineering services agreement with Braun Intertec for construction materials testing and special inspection services for the Mustang Drive and Mustang Circle Pavement Rehabilitation and Drainage Improvement project (2014-C01). Respectfully submitted, _______________________ Brian Erickson Director of Public Works/City Engineer RESOLUTION NO. 8431 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING AN ENGINEERING SERVICES AGREEMENT WITH BRAUN INTERTEC FOR CONSTRUCTION MATERIALS TESTING AND SPECIAL INSPECTION SERVICES RELATED TO THE MUSTANG DRIVE AND MUSTANG CIRCLE PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENTS WHEREAS, the City Council adopted Resolution 8429 on June 8, 2015 awarding the construction contract for the Mustang Drive and Mustang Circle Pavement Rehabilitation and Drainage Improvements,(2014-C01), “the Project” to Hardrives, Inc.; and, WHEREAS, construction materials testing is necessary to insure the Project is properly constructed; and, WHEREAS, Braun Intertec has provided a proposal for providing construction materials testing and special inspection services for an estimated cost of $5,237; and, WHEREAS, Braun Intertec’s proposal is reasonable and sufficient. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Mounds View, Ramsey County, Minnesota that: 1. Braun Intertec is authorized to provide construction materials testing and special inspection services for the construction phase of the Project with an estimated maximum fee of $5,237. 2. The Director of Public Works is authorized and directed to enter into said professional services agreement with Braun Intertec on behalf of the City Council. 3. The Director of Public Works is authorized to make approvals related to additional testing services up to $785 (15%) on behalf of the City Council. Adopted this 22nd day of June, 2015 Joe Flaherty, Mayor ATTEST: (SEAL) James Ericson, City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 11, 2015 6 Mounds View City Hall 7 2401 County Road 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, May 11, 2015, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 11 , 2015, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. Proclamation for National Public Works Week. 33 34 Mayor Flaherty read a proclamation in full for the record declaring May 17 through 23, 2015 to 35 be National Public Works Week in the City of Mounds View. 36 37 B. Proclamation for National Police Week. 38 39 Mayor Flaherty read a proclamation in full for the record declaring May 10 through 16, 2015 to 40 be National Police Week in the City of Mounds View. 41 42 C. Resolution 8409, A Resolution of Appreciation for Cindy Carvelli-Yu for 43 Serving on the Planning Commission. 44 45 Mounds View City Council May 11, 2015 Regular Meeting Page 2 Mayor Flaherty read a Resolution of Appreciation in full for the record thanking Cindy Carvelli-1 Yu for her dedicated service to the Planning Commission. 2 3 Council Member Meehlhause thanked Cindy Carvelli-Yu for her outstanding service to the City. 4 5 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8409, 6 A Resolution of Appreciation for Cindy Carvelli-Yu for Serving on the Planning Commission. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 7. COUNCIL BUSINESS 11 A. Public Hearings – On-Sale Intoxicating Liquor Licenses: 12 1. Resolution 8406, to Consider an On-Sale Intoxicating Liquor License for 13 Moe’s located at 2400 County Road 10. 14 15 Assistant City Administrator Crane stated in accordance with City Code, a public hearing was 16 required when considering the renewal of an on-sale intoxicating liquor license. She explained 17 that Moe’s was requesting a liquor license renewal and has submitted all necessary paperwork 18 and fees. She reported that staff has conducted the required inspections and was waiting on the 19 background investigation. She noted that all property taxes were paid in full, but indicated 20 Moe’s had an outstanding utility bill. Staff recommended the Council hold a public hearing and 21 approve the on-sale intoxicating liquor license for Moe’s, contingent upon payment of the 22 delinquent utility bill, a satisfactory fire inspection and criminal background investigation. 23 24 Mayor Flaherty opened the public hearing at 7:13 p.m. 25 26 Hearing no public input, Mayor Flaherty closed the public hearing at 7:13 p.m. 27 28 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8406, to 29 Consider an On-Sale Intoxicating Liquor License for Moe’s located at 2400 County Road 10, 30 contingent upon payment of all delinquent utility bills, along with a satisfactory fire inspection 31 and criminal background investigation. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 2. Resolution 8407, to Consider an On-Sale Intoxicating Liquor License for 36 The Mermaid located at 2200 County Road 10. 37 38 Assistant City Administrator Crane stated in accordance with City Code, a public hearing was 39 required when considering the renewal of an on-sale intoxicating liquor license. She explained 40 that The Mermaid was requesting a liquor license renewal and has submitted all necessary 41 paperwork and fees. She reported that staff has conducted the required inspections and was 42 waiting on the background investigation. She noted that all property taxes and utility bills were 43 paid in full. Staff recommended the Council hold a public hearing and approve the on-sale 44 intoxicating liquor license for The Mermaid, contingent upon a satisfactory criminal background 45 Mounds View City Council May 11, 2015 Regular Meeting Page 3 investigation. 1 2 Mayor Flaherty opened the public hearing at 7:15 p.m. 3 4 Hearing no public input, Mayor Flaherty closed the public hearing at 7:15 p.m. 5 6 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8407, to 7 Consider an On-Sale Intoxicating Liquor License for The Mermaid located at 2200 County Road 8 10, contingent upon a satisfactory criminal background investigation. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 3. Resolution 8408, to Consider an On-Sale Intoxicating Liquor License for 13 El Loro located at 2535 County Road 10. 14 15 Assistant City Administrator Crane stated in accordance with City Code, a public hearing was 16 required when considering the renewal of an on-sale intoxicating liquor license. She explained 17 that El Loro was requesting a liquor license renewal and has submitted all necessary paperwork 18 and fees. She reported that staff has conducted the required inspections and was waiting on the 19 background investigation. She noted that all property taxes and utility bills were paid in full. 20 Staff recommended the Council hold a public hearing and approve the on-sale intoxicating liquor 21 license for El Loro, contingent upon a satisfactory criminal background investigation. 22 23 Mayor Flaherty opened the public hearing at 7:17 p.m. 24 25 Hearing no public input, Mayor Flaherty closed the public hearing at 7:17 p.m. 26 27 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8408, 28 to Consider an On-Sale Intoxicating Liquor License for El Loro located at 2535 County Road 10, 29 contingent on a satisfactory criminal background investigation. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 B. Public Hearings – Off-Sale Intoxicating Liquor Licenses: 34 1. Resolution 8410, to Consider an Off-Sale Intoxicating Liquor License for 35 ABC Liquor located at 2840 County Road 10. 36 37 Assistant City Administrator Crane stated ABC Liquor has not submitted the necessary 38 paperwork for the Council to consider their off-sale intoxicating liquor license renewal. Staff 39 recommended that the Council continue the public hearing for this matter to the Tuesday, May 40 26, 2015 City Council meeting and authorize staff to assess a 20% late fee per the 2015 Fee 41 Schedule. 42 43 Mayor Flaherty opened the public hearing at 7:19 p.m. 44 45 Mounds View City Council May 11, 2015 Regular Meeting Page 4 Council Member Mueller supported the assessment of a late fee. 1 2 Council Member Meehlhause agreed. 3 4 MOTION/SECOND: Mueller/Meehlhause. To Continue the Public Hearing for the Off-Sale 5 Intoxicating Liquor License for ABC Liquor to the Tuesday, May 26, 2015 City Council Meeting 6 and Authorize Staff to Assess a 20% Late Fee to ABC Liquor per the 2015 Fee Schedule. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 2. Resolution 8411, to Consider an Off-Sale Intoxicating Liquor License for 11 Big Top Liquor, located at 2577 County Road 10. 12 13 Assistant City Administrator Crane stated in accordance with City Code, a public hearing was 14 required when considering the renewal of an off-sale intoxicating liquor license. She explained 15 that Big Top Liquor was requesting a liquor license renewal and has submitted all necessary 16 paperwork and fees. She reported that staff has conducted the required inspections and was 17 waiting on the background investigation. She noted that all property taxes and utility bills were 18 paid in full. Staff recommended the Council hold a public hearing and approve the off-sale 19 intoxicating liquor license for Big Top Liquor, contingent upon a satisfactory criminal 20 background investigation and fire inspection. 21 22 Mayor Flaherty opened the public hearing at 7:24 p.m. 23 24 Hearing no public input, Mayor Flaherty closed the public hearing at 7:24 p.m. 25 26 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8411, to 27 Consider an Off-Sale Intoxicating Liquor License for Big Top Liquor, located at 2577 County 28 Road 10, contingent upon a satisfactory criminal background investigation and fire inspection. 29 30 Council Member Mueller reported that Big Top Liquor requires all employees to attend 31 compliance check training both for cigarette and liquor sales. She applauded Big Top for their 32 training efforts. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 3. Resolution 8412, to Consider an Off-Sale Intoxicating Liquor License for 37 Vino & Stogies, located at 2345 County Road H2. 38 39 Assistant City Administrator Crane stated in accordance with City Code, a public hearing was 40 required when considering the renewal of an off-sale intoxicating liquor license. She explained 41 that Vino & Stogies was requesting a liquor license renewal and has submitted all necessary 42 paperwork and fees. She reported that staff has conducted the required inspections and was 43 waiting on the background investigation. She noted that all property taxes and utility bills were 44 paid in full. Staff recommended the Council hold a public hearing and approve the off-sale 45 Mounds View City Council May 11, 2015 Regular Meeting Page 5 intoxicating liquor license for Vino & Stogies, contingent upon a satisfactory criminal 1 background investigation and fire inspection. 2 3 Mayor Fl aherty opened the public hearing at 7:27 p.m. 4 5 Hearing no public input, Mayor Flaherty closed the public hearing at 7:27 p.m. 6 7 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8412, to 8 Consider an Off-Sale Intoxicating Liquor License for Vino & Stogies, located at 2345 County 9 Road H2, contingent upon a satisfactory criminal background investigation and fire inspection. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 C. Public Hearing: Resolution 8413, to Consider an Off-Sale 3.2 Malt Liquor 14 License for SuperAmerica located at 2640 County Road I. 15 16 Assistant City Administrator Crane stated in accordance with City Code, a public hearing was 17 required when considering the renewal of an off-sale 3.2 malt liquor license. She explained that 18 SuperAmerica was requesting a liquor license renewal and has submitted all necessary 19 paperwork and fees. She reported that staff has conducted the required inspections and was 20 waiting on the background investigation. She noted that all property taxes and utility bills were 21 paid in full. Staff recommended the Council hold a public hearing and approve the 3.2 malt 22 liquor license for SuperAmerica, contingent upon a satisfactory criminal background 23 investigation, and fire inspection. 24 25 Mayor Flaherty opened the public hearing at 7:29 p.m. 26 27 Hearing no public input, Mayor Flaherty closed the public hearing at 7:29 p.m. 28 29 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8413, to 30 Consider an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2640 County Road I, 31 contingent upon a satisfactory criminal background investigation and fire inspection. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 D. Public Hearing: Resolution 8414, Approving a Temporary 3.2 Malt Liquor 36 License for the Mounds View Festival in the Park Committee to Allow the 37 Ole Piper Inn to sell liquor during the August 22, 2015, Mounds View 38 Festival in the Park. 39 40 Assistant City Administrator Crane stated in accordance with City Code, a public hearing was 41 required when considering a temporary 3.2 malt liquor license. She explained that the Mounds 42 View Festival in the Park Committee was requesting Ole Pipe Inn be allowed to sell liquor 43 during the August 22, 2015, Mounds View Festival in the Park. She reported that all necessary 44 paperwork and fees have been submitted. Staff has submitted a criminal background 45 Mounds View City Council May 11, 2015 Regular Meeting Page 6 investigation. She noted that the Ole Piper Inn has a current liquor license with the City of 1 Blaine. Staff recommended the Council hold a public hearing and approve the temporary 3.2 2 malt liquor license for the Mounds View Festival in the Park Committee, contingent upon a 3 satisfactory criminal background investigation. 4 5 Mayor Flaherty opened the public hearing at 7:32 p.m. 6 7 Hearing no public input, Mayor Flaherty closed the public hearing at 7:32 p.m. 8 9 Theresa Cermak, President of the Mounds View Festival in the Park Committee, thanked the 10 Council for considering her request. 11 12 Council Member Gunn asked how security would be managed this year to ensure that minors 13 were not being served at this year’s Festival in the Park. 14 15 Paul Spitzley, owner of Ole Piper Inn, explained this was a new event for him. He reported his 16 intention would be to card all individuals before entering the beer garden. Those individuals of 17 age, would be given a wrist band and must remain within the beer garden when consuming 18 beverages. 19 20 Council Member Meehlhause asked if minors would be able to sit within the beer garden with 21 their parents. Mr. Spitzley explained that minors accompanied by an adult would be allowed to 22 sit within the beer garden. 23 24 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Resolution 8414, 25 Approving a Temporary 3.2 Malt Liquor License for the Mounds View Festival in the Park 26 Committee to Allow the Ole Piper Inn to sell liquor during the August 22, 2015, Mounds View 27 Festival in the Park, contingent upon a satisfactory criminal background investigation. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 E. Resolution 8405, Adopting a Five Year Financial Plan for 2016 through 2020. 32 33 Finance Director Beer reviewed the five year financial plan for years 2016 through 2020 with the 34 Council. He explained that this document assisted Council and staff greatly when establishing 35 upcoming budgets. He requested approval of the five year plan. 36 37 Council Member Mueller provided an update from the Ramsey County Dispatch Committee 38 meeting. She noted that expenses would remain relatively flat in 2015 and 2016, but in 2017 a 39 3% increase would be proposed. 40 41 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 8405, 42 Adopting a Five Year Financial Plan for 2016 through 2020. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council May 11, 2015 Regular Meeting Page 7 1 F. Resolution 8404, Adopting a Budget Calendar for the Preparation of the 2 2016 Budget. 3 4 Finance Director Beer requested the Council adopt a budget calendar to assist with the 5 preparation of the 2016 budget. He reviewed the formal dates within the timeline. 6 7 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8404, 8 Adopting a Budget Calendar for the Preparation of the 2016 Budget. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 G. Second Reading and Adoption of Ordinance 899, Amending Chapters 1102 13 and 1106 of the Mounds View Zoning Code to Allow Columbaria on 14 Properties owned by Religious Institutions – Roll Call Vote 15 16 Planning Associate Heller explained the Council introduced this Ordinance at the April 27, 2015 17 City Council meeting. She discussed the growing need for columbaria and recommended that 18 the Council adopt Ordinance 899, which would allow Columbaria on properties owned by 19 religious institutions. 20 21 MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance 899, 22 Amending Chapters 1102 and 1106 of the Mounds View Zoning Code to Allow Columbaria on 23 Properties owned by Religious Institutions. 24 25 Council Member Meehlhause thanked the Planning Commission and staff for addressing this 26 matter and making a recommendation to the City Council. 27 28 ROLL CALL: Gunn/Hull/Meehlhause/Mueller/ Flaherty. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 H. Introduction and First Reading of Ordinance 900, Amending City Code 33 Titles 1000 and 1100 to Remove Language Pertaining to Religious 34 Institutions. 35 36 Planning Associate Heller requested the Council introduce Ordinance 900, amending City Code 37 Titles 1000 and 1100 removing language pertaining to religious institutions. 38 39 MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance 900, 40 Amending City Code Titles 1000 and 1100 to Remove Language Pertaining to Religious 41 Institutions. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council May 11, 2015 Regular Meeting Page 8 I. Introduction and First Reading of Ordinance 901, Amending City Code Title 1 500, Business License Regulations by Adding Chapter 519, Christmas Trees. 2 3 Planning Associate Heller requested the Council introduce Ordinance 901, which would amend 4 City Code Title 500, which would amend business license regulations, adding Chapter 519 5 allowing for Christmas trees. She explained a fee would have to be added to the fee schedule to 6 address this type of transient merchant. 7 8 Mayor Flaherty supported the definitions within the proposed Ordinance. 9 10 MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce 11 Ordinance 901, Amending City Code Title 500, Business License Regulations by Adding 12 Chapter 519, Christmas Trees. 13 14 Council Member Mueller thanked staff for addressing this matter through a code amendment. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 J. Introduction and First Reading of Ordinance 902, Amending Zoning Code 19 Title 1100, Chapter 1112, to Add Requirements for Temporary Outdoor 20 Food Sales. 21 22 Planning Associate Heller requested the Council introduce Ordinance 902 amending the Zoning 23 Code to add requirements for temporary outdoor food sales. She explained this amendment 24 would allow for transient outdoor merchants to sell food. She commented that the new language 25 would allow for vendors to remain within the City at one spot for up to 21 days, which aligns 26 with County and State requirements. 27 28 Council Member Mueller asked if food trucks were licensed through the State. Planning 29 Associate Heller explained that food truck vendors were licensed through the County Health 30 Department. 31 32 MOTION/SECOND: Gunn/Meehlhause. To Waive the First Reading and Introduce Ordinance 33 902, Amending Zoning Code Title 1100, Chapter 1112, to Add Requirements for Temporary 34 Outdoor Food Sales. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 K. Resolution 8416, Approving Plans and Specifications and Authorizing 39 Advertisement for Bid for the Mustang Drive/Circle Pavement Rehabilitation 40 Project. 41 42 Interim Public Works Director Peterson requested the Council approve the plans and 43 specifications and authorize staff to advertise for bids for the Mustang Drive/Circle pavement 44 rehabilitation project. He discussed the history and future timeline of the project. He anticipated 45 Mounds View City Council May 11, 2015 Regular Meeting Page 9 that bids would be received by Friday, June 5th and the project would be awarded on Monday, 1 June 8th. It was noted the plans and specifications were based on the previously approved 2 feasibility study. 3 4 MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Revised 5 Resolution 8416, Approving Plans and Specifications and Authorizing Advertisement for Bid for 6 the Mustang Drive/Circle Pavement Rehabilitation Project. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 L. Resolution 8417, Approving a Construction Contract with Rosenquist 11 Construction, Inc. for the 2015 Reroofing of Well House No. 2, and Booster 12 Station. 13 14 Interim Public Works Director Peterson requested the Council approve a construction contract 15 for the reroofing of Well House No. 2 and the Booster Station. He discussed the bidding process 16 and noted the low bid was submitted by Rosenquist Construction, Inc. in an amount of $71,960. 17 He noted the project was expected to be completed by June 26th. In addition to the reroofing, 18 masonry rehabilitation work was necessary and amounted to $141,460. With contingencies, the 19 project totaled $224,218. Staff discussed how the project would be funded and explained the 20 project was budgeted for 2015. 21 22 Council Member Meehlhause appreciated staff explaining how the project would be funded, 23 since it came in over budget. He asked if there were any other roofs in need of replacement. 24 Interim Public Works Director Peterson commented that Random Park was the only structure 25 that remained on the list for replacement. 26 27 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8417, 28 Approving a Construction Contract with Rosenquist Construction, Inc. for the 2015 Reroofing of 29 Well House No. 2, and Booster Station. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 8. CONSENT AGENDA 34 35 Council Member Hull asked to remove Item 8A. 36 37 A. Resolution 8415, a Resolution Approving an Exemption for CenturyLink to 38 Install and Deploy Aerial Fiber Optic Facilities in Mounds View. 39 B. Set a Public Hearing for Tuesday, May 26, 2015 at 7:00 p.m. for the Second 40 Reading and Adoption of Ordinance 900, Amending City Code Titles 1000 41 and 1100 to Remove Language Pertaining to Religious Institutions. 42 C. Set a Public Hearing for Tuesday, May 26, 2015 at 7:00 p.m. for the Second 43 Reading and Adoption of Ordinance 901, Amending City Code Title 500, 44 Business License Regulations by Adding Chapter 519, Christmas Trees. 45 Mounds View City Council May 11, 2015 Regular Meeting Page 10 D. Set a Public Hearing for Tuesday, May 26, 2015 at 7:00 p.m. for the Second 1 Reading and Adoption of Ordinance 902, Amending Zoning Code Title 1100, 2 Chapter 1112, to Add Requirements for Temporary Outdoor Food Sales. 3 4 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as amended removing 5 Item 8A. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 A. Resolution 8415, a Resolution Approving an Exemption for CenturyLink to 10 Install and Deploy Aerial Fiber Optic Facilities in Mounds View. 11 12 Council Member Hull reported there was a resident in attendance that would like to discuss this 13 item. 14 15 Vince Meyer, 8380 Spring Lake Road, stated approximately two months ago a truck from North 16 Carolina pulled down his driveway running steel strand cable. He discussed this with the City 17 and learned that a permit was not pulled for the work. He understood that the City put a stop to 18 the work, however, the cables were dangling from the pole to the ground near his home. He 19 indicated the cables were an eyesore. He did not support how the work was being completed and 20 has discussed his concerns with Xcel Energy. He provided the Council with several photographs 21 and requested that this matter be resolved as soon as possible. 22 23 Aaron Krebs, CenturyLink representative, stated he has been working with City Administrator 24 Ericson on this issue. He understood that the subcontractors were not to be working until 25 CenturyLink received the proper permits. 26 27 Mayor Flaherty asked if CenturyLink was piggy backing on existing lines or if new lines were 28 necessary. He inquired why the new anchors were required. Mr.Krebs explained that a wrap was 29 required around the fiber line. He explained that CenturyLink had received permission from 30 Xcel Energy to attach to their poles. He indicated he would have to review the photographs 31 further before being able to comment on Mr. Meyer’s situation. 32 33 Interim Public Works Director Peterson discussed the two different issues that staff was handling 34 with CenturyLink at this time. He indicated that CenturyLink was replacing several poles in the 35 City and was also installing new fiber optic lines. 36 37 Mayor Flaherty was in favor of tabling action on this item. He recommended that CenturyLink 38 address the concerns on Mr. Meyer’s property. 39 40 Council Member Mueller stated when the City stopped this project it created the condition on 41 Mr. Meyer’s property. 42 43 Council Member Gunn requested further information on the guide wires. Mr. Krebs discussed 44 the engineering behind the guide wires in detail with the Council. 45 Mounds View City Council May 11, 2015 Regular Meeting Page 11 1 MOTION/SECOND: Flaherty/Hull. To Table Action on this Item to the May 26, 2015 City 2 Council Meeting. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 9. JUST AND CORRECT CLAIMS 7 8 Finance Director Beer answered the Council's questions related to claims. 9 10 MOTION/SECOND: Gunn/Meehlhause. To Approve the Just and Correct Claims as presented. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 10. APPROVAL OF MINUTES 15 A. March 23, 2015, City Council Meeting Minutes. 16 17 MOTION/SECOND: Mueller/Hull. To Approve the March 23, 2015, City Council meeting 18 minutes as presented. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 B. April 13, 2015, City Council Meeting Minutes. 23 24 MOTION/SECOND: Meehlhause/Gunn. To Approve the April 13, 2015, City Council meeting 25 minutes as presented. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 11. REPORTS 30 A. Reports of Mayor and Council. 31 32 Council Member Mueller discussed the events that took place at the Ramsey County Dispatch 33 Policy Committee meeting last week. She reported the CAD system went live in March. She 34 noted the group discussed the 2016 and 2017 budgets. 35 36 Council Member Mueller explained the Festival in the Park Committee would be meeting again 37 on Tuesday, May 19th at 7:00 p.m. 38 39 Council Member Mueller stated the Mounds View Business Council would be meeting on 40 Wednesday, May 13th at the Community Center at 7:30 a.m. 41 42 Council Member Mueller indicated the League of Minnesota Cities Board of Directors meets on 43 Wednesday, March 20th and would be interviewing potential new directors. 44 45 Mounds View City Council May 11, 2015 Regular Meeting Page 12 Council Member Mueller commented Discover Aviation Days would be held on May 30th and 1 May 31st at the Anoka County Airport. The hanger dance was scheduled for 8:00 p.m. on May 2 30th. 3 4 Council Member Gunn reported she attended the Ribbon Cutting Ceremony for Bel Rae Senior 5 Living this afternoon. 6 7 Council Member Meehlhause updated the Council on the events taking place at Northeast Youth 8 and Family Services. He was pleased to report that the group was improving its financial 9 situation as operating costs are down. He noted he would be attending another NYFS meeting on 10 Friday, May 15th. 11 12 Council Member Meehlhause explained he attended the recent NYFS Leadership Luncheon 13 fundraiser. He was pleased with the attendance at this event. 14 15 Council Member Meehlhause stated he attended the Ramsey County Police Memorial event and 16 recommended the Council attend this event in the future. He appreciated the speech given by the 17 keynote speaker discussing officer safety. 18 19 Council Member Meehlhause reported he would be attending a Twin Cities Gateway Board 20 meeting on Wednesday, May 20th. 21 22 Mayor Flaherty indicated he attended a North Suburban Cable Commission meeting last week. 23 The group approved the 2014 audit and continues discussion surrounding the CenturyLink 24 franchise. 25 26 B. Reports of Staff. 27 28 City Administrator Ericson reported he and Brian Beeman would be meeting with several 29 potential developers regarding the Crossroads Point property on Tuesday, May 12th. 30 31 C. Reports of City Attorney. 32 33 There was nothing additional to report. 34 35 12. Next Council Work Session: Monday, June 1, 2015, at 7:00 p.m. 36 Next Council Meeting: TUESDAY, May 26, 2015, at 7:00 p.m. 37 Mounds View City Council May 11, 2015 Regular Meeting Page 13 1 13. ADJOURNMENT 2 3 The meeting was adjourned at 8:52 p.m. 4 5 Transcribed by: 6 7 Heidi Guenther 8 TimeSaver Off Site Secretarial, Inc. 9 463479v1 SJR MU125-11 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: June 18, 2015 To: James Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Matters are presently pending. MU125-12: Finance Department. Work is being performed on a conduit bond issue for Catholic Eldercare. Coordinate logistics with City staff regarding same. Draft resolution and draft and publish a notice of public hearing. Matter is presently pending. MU210-75: Festival in the Park. Review 2015 Agreement and consult with City staff regarding same. Matter is presently pending. MU210-179: Street Improvement Projects. Review construction documents, bonds and insurance and provide comments to City staff. Matter is presently pending. MU210-221: LMCIT/DVS General. Several notices of legal claims have been presented to the City and have been tendered for defense by the League of Minnesota cities Insurance Trust. Consult with City staff and City Council. Consult with LMCIT attorneys. Matters are presently pending. MU210-239: Silver View Trail Easements. Review documentation regarding project, contract and proposed easement descriptions regarding project. Order title work. Begin drafting easements. Consult with title company regarding legal description discrepancies. Review construction documents, bonds and insurance and provide comments to City staff. Consult with City staff regarding project. Matter is presently pending. SJR:jms &