HomeMy WebLinkAboutAgenda Packets - 2014/09/22CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 22, 2014
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 of Appreciation for David L. Farrell for 20 Years of Dedicated Service
with the SBM Fire Department
7. COUNCIL BUSINESS
A. 7:00pm Public Hearing – Resolution 8304, Consideration of a Conditional Use Permit
for a 150-foot tall Cell Tower at Dell-Comm, 4860 Mustang Circle
B. 7:00pm Public Hearing – Resolution 8305, Consideration of a Preliminary Plat for
2205 Woodale Drive, Multi-Tech Systems
C. Continued Public Hearing, Resolution 8301, a Resolution to Approve the 2015 Fee
Schedule
D. First Reading of Ordinance 889, Revising Chapter 512 of the Mounds View City Code
Pertaining to Cigarette and Tobacco Products
E. Resolution 8307, Approving the Hire of Brian Beeman to the Position of Business
Development Coordinator in the Community Development Department
F. Resolution 8298 Approving a Preliminary Levy and General Fund Budget for 2015
G. Resolution 8297 Setting a Date for Truth In Taxation Meeting and Continuation Meeting
H. First Reading and Introduction of Ordinance 891, an Ordinance Amending Chapter 603
of the Mounds View City Code, Relating to Garbage and Recycling Collection
I. Resolution 8308, Approving a Construction Contract with Macpherson-Towne Company
for the Masonry Renovation at City Hall & Community Center
8. CONSENT AGENDA
A. Set a Public Hearing for Monday, October 13, 2014 at 7:00 pm to Consider Special
Assessments for Delinquent Utility Payments
B. Set a Public Hearing for Monday, October 13, 2014 at 7:00 pm to Consider Special
Assessments for Unpaid Abatement Charges, Administrative Offense Charges and
Property Charges
C. Set a Public Hearing for Monday, October 13, 2014, at 7:00 pm to Consider a
Residential Kennel License Located at 8030 Long Lake Road
9. JUST AND CORRECT CLAIMS
City Council Meeting Agenda
Monday, September 22, 2014
Page 2
10. APPROVAL OF MINUTES
A. July 14, 2014, City Council Minutes
B. July 28, 2014, City Council Minutes
C. August 11, 2014, 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, October 6, 2014, at 7pm
Next Council Meeting: Monday, October 13, 2014, at 7pm
13. ADJOURNMENT
** REVISED AT 4:00 PM, SEPTEMBER 22, 2014 **
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 22, 2014
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 of Appreciation for David L. Farrell for 20 Years of Dedicated
Service with the SBM Fire Department
7. COUNCIL BUSINESS
A. 7:00pm Public Hearing – Resolution 8304, Consideration of a Conditional Use
Permit for a 150-foot tall Cell Tower at DellComm, 4860 Mustang Circle
B. 7:00pm Public Hearing – Resolution 8305, Consideration of a Preliminary Plat for
2205 Woodale Drive, Multi-Tech Systems
C. Continued Public Hearing, Resolution 8301, a Resolution to Approve the 2015
Fee Schedule
D. First Reading of Ordinance 889, Revising Chapter 512 of the Mounds View City
Code Pertaining to Cigarette and Tobacco Products
E. Resolution 8307, Approving the Hire of Brian Beeman to the Position of Business
Development Coordinator in the Community Development Department
F. Resolution 8298 Approving a Preliminary Levy and General Fund Budget for 2015
G. Resolution 8297 Setting a Date for Truth In Taxation Meeting and Continuation
Meeting
H. First Reading and Introduction of Ordinance 891, an Ordinance Amending Chapter
603 of the Mounds View City Code, Relating to Garbage and Recycling Collection
I. Resolution 8308, Approving a Construction Contract with Macpherson-Towne
Company for the Masonry Renovation at City Hall & Community Center
J. Resolution 8309 Authorizing the Acceptance and Distribution of a Donation from
Bethlehem Baptist Church
City Council Meeting Agenda
Monday, September 22, 2014
Page 2
8. CONSENT AGENDA
A. Set a Public Hearing for Monday, October 13, 2014 at 7:00 pm to Consider Special
Assessments for Delinquent Utility Payments
B. Set a Public Hearing for Monday, October 13, 2014 at 7:00 pm to Consider Special
Assessments for Unpaid Abatement Charges, Administrative Offense Charges and
Property Charges
C. Set a Public Hearing for Monday, October 13, 2014, at 7:00 pm to Consider a
Residential Kennel License Located at 8030 Long Lake Road
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. July 14, 2014, City Council Minutes
B. July 28, 2014, City Council Minutes
C. August 11, 2014, 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, October 6, 2014, at 7pm
Next Council Meeting: Monday, October 13, 2014, at 7pm
13. ADJOURNMENT
Item 06A
September 22, 2014
City Administrator Review: __________
RESOLUTION NO. 8306
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION FOR DAVID L. FARRELL
FOR 20 YEARS OF DEDICATED SERVICE WITH THE
SPRING LAKE PARK-BLAINE-MOUNDS VIEW FIRE DEPARTMENT
WHEREAS, the Spring Lake Park-Blaine-Mounds View Fire Department is the largest
volunteer fire department in Anoka and Ramsey Counties and second largest in the State of
Minnesota; and
WHEREAS, it is the privilege of Mounds View citizens to recognize the public service of
David L. Farrell who joined the Spring Lake Park-Blaine-Mounds View Fire Department on
February 1, 1994, as a volunteer firefighter; and
WHEREAS, David L. Farrell was a key member of the Fire Department and during his
tenure, served as Fire Apparatus Operator, acting Captain; and
WHEREAS, David L. Farrell was certified at the Firefighter II level, First Responder level;
and
WHEREAS, David L. Farrell completed numerous specialized training courses and
seminars about various areas of firefighting and emergency medical care; and
WHEREAS, during his years of service, David L. Farrell responded to more than 2579
fire calls and attended over 795 weekly drills, and received several commendations in
recognition of his commitment to fire protection and the community.
NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View acknowledges,
with sincere appreciation, the dedicated and loyal service of Fire Apparatus Operator David L.
Farrell who will retire on September 24, 2014 after 20 years of service to the citizens of our City.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Mounds
View to be affixed on this 22nd day of September
2014.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
Item No: 7A
Meeting Date: September 22, 2014
Type of Business: Public Hearing
Administrator Review: _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing – Resolution 8304, Consideration of a
Conditional Use Permit for a 150 foot Cell Tower at 4860
Mustang Circle, Dell-Comm; Planning Case CU2014-001
Introduction:
The applicant and property owner, FAC Holdings (Dell-Comm is the business operating
here), is requesting approval of a conditional use permit to construct a 150 foot cell tower on
their property at 4860 Mustang Circle. Dell-Comm designs, furnishes and installs
telecommunications systems, applications and services. They have been in business since
1990 and do infrastructure cabling, fiber optic cabling, outside plant cabling, security
solutions and telephone systems.
City Code Requirements:
Section 1124.03, Subd. 2: Allows for towers and antennae as a conditional use in specific
districts. Industrial districts allow towers and antennae up to 150 feet tall.
Section 1124.05 Subd. 1 Setbacks: The minimum setback from any property line or public
right-of-way for a wireless telecommunications tower is thirty feet (30’) unless abutting a
residential district, then at least half the height of the tower. When placed on a lot improved
with a principal building, the wireless telecommunications tower shall be located only in the
rear yard or interior side yards not abutting streets. Wireless telecommunication towers shall
not be placed between the principal building and any street abutting the property. Setbacks
for accessory equipment structures associated with wireless telecommunication towers and
antennae shall meet the requirements as outlined in Section 1104.01, subdivision 4 of the
Zoning Code.
Section 1125.01, Subd. 1e: The Planning Commission is required to review the possible
adverse effects of the requested conditional use.
Section 1125.01, Subd. 1g: which states that the Planning Commission shall make findings
of fact and recommend such actions or conditions relating to the request as it deems
necessary to carry out the intent and purpose of the Zoning Code and forward such findings
to the City Council.
Discussion:
Dell-Comm is proposing to construct a 150-foot tall cell tower on their property.
Telecommunication towers are allowed in all zoning districts, but the heights permitted vary
by the property zoning. Industrial districts allow for the tallest towers at 150 feet. The
proposed tower would be located on the southeast corner of their property in a wooded,
unused area. Dell-Comm would own the tower and use it for employee training and
certification purposes, along with leasing antenna space to other cellular phone companies.
CU2014-001 Staff Report
September 22, 2014
Page 2
The CUP will remain in effect indefinitely so long as there are no changes to the operation and
there have been no problems or reasons, which would warrant the City Council to re-examine
the CUP.
CUP Considerations:
Chapter 1125 of the Zoning Code requires that the Planning Commission review and address
any potential adverse effects which include, but are not limited to, relationship with the
Comprehensive Plan, geographical area involved, potential depreciation, the character of the
surrounding area and the demonstrated need for such a use. Each of these potential adverse
effects is addressed below.
Relationship with the Comprehensive Plan. Dell-Comm’s property is zoned I-1, Industrial and
is surrounded by other industrial businesses and the TownsEdge Manufactured Home Park on
the north side. If the requested conditional use permit were approved, this CUP would be in
line with the Comp Plan “Light Industrial” land use designation for this property.
The Location and Character of the Surrounding Area. Dell-Comm is located on Mustang
Circle in the industrial area of the City. The tower would be located in the southeast corner of
their property, in an unused, heavily wooded area. Access to the cell tower would currently
only be through Dell-Comm’s parking lot. They will make a 12-foot wide gravel access drive
from their parking lot, along the east side of the property going south to the tower. The site
plan shows a 20-foot wide future gravel access road leading to Mustang Circle, but there are
no plans to construct this road at this time.
The residential manufactured home park on the north side of 4860 Mustang Circle is
approximately 500 feet from where the tower will be located. There is a wooded border with
tall, mature trees along the property line between the manufactured home park and the
industrial properties on Mustang Drive and Mustang Circle. The tower itself will be setback 55
feet from the east and south property lines. The tower and the ground equipment are required
to be surrounded by an eight foot (8’) fence for security and screening. This fenced area will
have approximately 40-foot setbacks from the east and south property lines. The fence and
ground equipment will be approximately 250 feet from the street and won’t be visible due to
the woods. The proposed cell tower should not be out of place in this primarily industrial area.
Depreciation. Since the surrounding area is primarily industrial, the proposed antenna tower
should result in little, adverse effect upon the surrounding area. There is a residential
neighborhood on the north side of Dell-Comm’s property, but due to their office building and the
woods, the tower should not be very noticeable to these residents.
The Demonstrated Need for Such a Use. Cell phones have become an item that most people
now have, and the industry continues to expand. Due to this growth, communication
companies must continue to offer better and larger coverage areas. This part of the City is in
need of improved cell service, and since telecommunications is Dell-Comm’s industry, they can
also use the tower for training their employees in addition to providing a tower for other cell
companies to install their antennas.
CU2014-001 Staff Report
September 22, 2014
Page 3
Planning Commission Action:
The Planning Commission reviewed this request on September 17, 2014 and voted 5-0 to
recommend approval of this conditional use permit.
Summary:
All City zoning and code issues are satisfied with this request. The Federal Communications
Commission (FCC) has reviewed the coordinates, structure type and height and determined
that this structure does not need to be registered with them, and there are also no Federal
Aviation Administration (FAA) requirements for this tower.
Recommendations:
Hold the public hearing and take testimony from staff, the applicant and the public. Review
the plans and discuss the proposed cell tower. Staff review revealed no deficiencies at this
time and thus Resolution 8304 approving the conditional use permit has been drafted for
action if the Council so chooses.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Zoning Map
2. Aerial View
3. Letter from Applicant
4. Photos of 4860 Mustang Circle
5. Photos of lattice-style tower and ground equipment
6. Site plan
7. Survey
8. Resolution 8304
Zoning Map
DellComm
Cty Rd 10
Approximate
location of tower
County Rd H
Mermaid
Tyson
Trucking
FedTech
Vitran
Trucking
Bauer
Welding Midwest
Motor
Express
J&W
Instruments
N
Aerial View
location of
cell tower
Mustang Drive
TownsEdge Manufactured Home Park
Tyson
Trucking
DellComm
Mustang
Circle
Letter from Applicant
Photos of 4860 Mustang Circle
Dell-Comm’s office
building
Heavily wooded area on
south side of building – tower
will be setback 250 feet from
the street front
Mustang Circle –
facing east
Midwest Motor
Express garage
Tower would be in
this area
Mustang Drive – looking
northwest towards Dell-
Comm wooded area
Midwest Motor
Express
Examples of what the proposed lattice-style tower and ground
equipment would look like
Site Plan N
Dell-Comm
parking lot
Tower fenced
area
Dell-Comm office
buiding
Access
drive to
tower
Survey – southeast corner of 4860 Mustang and adjacent
properties
N
RESOLUTION NO. 8304
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FAC HOLDINGS,
LLC TO CONSTRUCT A 150-FOOT TELECOMMUNICATIONS TOWER AT 4860
MUSTANG CIRCLE; PLANNING CASE NO. CU2014-001
WHEREAS, property owner FAC Holdings, LLC, has applied for a conditional use
permit to construct a 150-foot telecommunications tower on their property; and,
WHEREAS, the subject property, located at 4860 Mustang Circle, is zoned I-1,
Industrial, and is legally described as follows:
Lot 2 and Lot 3, Block 1, Mounds View Industrial Park No. 3,
Ramsey County, Minnesota
PIN: 17-30-23-13-0011
WHEREAS, the Mounds View Zoning Code conditionally allows telecommunication
towers and antennae up to 150 feet in height in Industrial zoning districts; and,
WHEREAS, the proposed telecommunications tower is not required to be registered
with the Federal Communication Commission (FCC) or Federal Aviation Administration
(FAA); and,
WHEREAS, duly-noted public hearing was held on Monday, September 22, 2014;
and,
WHEREAS, the Planning Commission and City Council have reviewed the following
documents regarding this proposal:
a. Planning Application
b. Aerial view showing proposed location
c. Zoning Map
d. Photographic documentation
e. Staff Report
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following findings of fact related to the conditional use permit request:
1. The proposed telecommunications tower meets the requirements as outlined in
Chapter 1124 of the Zoning Code.
2. The request is consistent with the Mounds View Comprehensive Plan in that a cell tower is consistent with the Light Industrial land use designation for this area.
Resolution 8304 Page 2
3. The proposed telecommunications tower would not be out of place given the industrial character of the surrounding area involved.
4. The proposed telecommunications tower would not depreciate the neighboring
properties.
5. The applicant has sufficiently demonstrated that a need exists for expanded
telecommunications coverage in the Mounds View area.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves a conditional use permit for the telecommunications tower, with conditions as
follows:
1. Access to the equipment shall be protected by a secure 8-foot chain link fence.
2. No advertising signage will be allowed attached to the pole or fencing.
3. The tower shall not exceed 150 feet in height or have any lighting.
4. The Conditional Use Permit (CUP) shall become null and void if the work for
which the CUP was granted is not completed within one year from the date of
approval unless a petition for extension of time in which to complete the work has
been granted by the City Council.
NOW THEREFORE, BE IT FURTHER RESOLVED that this Conditional Use Permit
shall have no expiration date and shall remain in force so long as the conditions agreed
upon herein are observed.
Adopted this 22nd day of September 2014.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 7B
Meeting Date: September 22, 2014
Type of Business: Public Hearing
Administrator Review: ________
City of Mounds View Staff Report
To Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing – Resolution 8305, Consideration of a
Preliminary Plat for the Subdivision of Three Parcels Owned by
Multi-Tech Systems at 2205 Woodale Drive;
Planning Case MA2014-003
Introduction:
Multi-Tech Systems, Inc. has submitted an application for a major subdivision of their three
parcels at 2205 Woodale Drive. The proposed subdivision would be creating three different lots
from the existing three lots in order to sell the west 6.5 acres to Build to Suit, Inc. who will be
constructing a new building for BioLife Plasma Services.
Discussion:
Multi-Tech Systems, Inc. currently owns three parcels that total 17-acres. One parcel contains
their building and part of the parking lot, another has a stormwater pond, and the third has the
remainder of their parking lot and about six acres of vacant land. All three properties are zoned
PUD, Planned Unit Development. The proposed subdivision is essentially just shifting lot lines
within the same 17 acres. The new lot lines would put Multi-Tech’s building, parking lot and
stormwater pond together onto one parcel, then create two new lots where the vacant land is:
the south lot is for the new BioLife building, and the other lot would remain vacant until sold for
further development. Build to Suit, the developer of the BioLife building, is purchasing Lot 1
and Outlot A.
Major Subdivision:
Local Water Management Plan: Also known as the City’s Surface Water Management Plan,
this planning document guides the City in regards to drainage and stormwater management.
The project area is located in the BPN-4 sub-watershed. The minimum recommended building
elevation for the BPN-4 sub-watershed is set at 901.9 feet. The actual construction elevations
are confirmed by City Staff with each permit for new construction.
Easements: The City’s Subdivision Code requires that plats dedicate perimeter drainage and
utility easements for each lot in the subdivision; ten feet wide in the front and rear, and five feet
wide on the sides. This plat does dedicate the necessary perimeter easements. There is also
an additional drainage and utility easement in the southeast corner of Lot 1 for the infiltration
basin that is required by Rice Creek Watershed District.
Streets & Traffic: Lot 1 will have right-in-only access from County Road 10, access through
Multi-Tech’s parking lot to Woodale Drive, and access to County Road H2 on a driveway that
will be shared with Outlot A. All streets are adequate to handle the amount of added traffic that
the additional development would create. Since BioLife is currently located in the city, their
traffic is already on County Road 10 and Woodale, and most of it will likely remain there.
Planning Case MA2014-003
September 22, 2014
Page 2
Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land
is subject to a park dedication fee. The dedication imposed is intended to mitigate public costs
to the parks system associated with land development. The fee shall be reasonable and based
on the extent of the development. For major subdivisions, the park dedication fee is typically
equal to 10% of the market value of the land. To establish the market value, staff uses Ramsey
County assessed values as the basis for dedication computation. 2013 is the most recent year
that Ramsey County has available for market values.
The 2013 Ramsey County determined land market value for the area that is being purchased is
$4.49 per square foot. The development area is 257,074 square feet x $4.49/sq. foot =
$1,154,262 land value. The dedication amount then would be 10% of the determined land
value which would equal $115,426.
Utilities: All utilities on the site must be installed underground, per Section 1203.10. Water
and sanitary sewer connections are available and will be installed during construction of the
BioLife building.
Vegetation: The 17 acre site contains a large office/manufacturing building, a large asphalt
parking lot, a stormwater pond and 6.5 acres of vacant land with some trees, of which little to
none are valuable trees. 3.69 acres of the vacant land will be developed right away. The
landscaping plan for the new BioLife building is being reviewed by the City’s consultant.
Wetlands: The National Wetlands Inventory Map and the City’s official Wetland Zoning Map
identify no wetlands within the property boundary. The applicant has received their conditional
approval from Rice Creek Watershed District.
Planning Commission Action:
On Wednesday, September 17, 2014, the Planning Commission voted 5-0 to recommend
approval of this preliminary plat.
Recommendation:
Hold the public hearing and take testimony from staff, the applicant and the public. Review the
plans and discuss the proposed preliminary plat. Staff review revealed no deficiencies at this
time and thus Resolution 8305 approving the preliminary plat has been drafted for action if the
Council so desires.
Respectfully Submitted By,
Heidi Heller
Planning Associate
Attachments:
1. Zoning Map
2. Aerial View
3. Preliminary Plat
4. Resolution 8305
Zoning Map
* Properties not indicated with a designation are zoned R-1, Single Family Residential
N
Red lines = new parcel lines (pink lines are existing parcel lines)
Yellow arrows = where new access drives will be
County Road H2
County Road 10
Woodale Drive
Multi-Tech
building
Current BioLife
location
Aerial View
Lot 1
BioLife
Outlot A
Lot 2
Quincy Street
Preliminary Plat
RESOLUTION NO. 8305
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE PRELIMINARY PLAT
FOR THE MOUNDS VIEW BUSINESS PARK 3RD ADDITION;
MOUNDS VIEW PLANNING CASE NO. MA2014-003
WHEREAS, Multi-Tech Systems has requested approval of a preliminary plat for the
major subdivision of their three parcels; and,
WHEREAS, the above-described lands are zoned PUD, Planned Unit Development, and
legally-described as:
That part of the Southwest Quarter of the Northwest Quarter of the Southeast Quarter lying
Northeasterly of the Northerly right-of-way line of U.S. Highway No. 10, and the Northwest
Quarter of the Northwest Quarter of the Southeast Quarter, except that part lying
Southwesterly of the Northerly right-of-way line of U. S. Highway 10, all in Section 8,
Township 30, Range 23, Ramsey County, Minnesota, according to the United States
Government Survey thereof.
PIN’s 08-30-23-42-0001 and 08-30-23-42-0012
Lot 2, Block 1, Mounds View Business Park 2nd Addition, Ramsey County, Minnesota
PIN 08-30-23-42-0011
WHEREAS, Multi-Tech Systems has submitted a Preliminary Plat for the major
subdivision which creates 3 different parcels; and,
WHEREAS, the proposed subdivision is not within a designated wetland area; and,
WHEREAS, a duly-noted public hearing was held on Monday, September 22, 2104;
and,
WHEREAS, the community development and public works staff have reviewed the
preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated
in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting
requirements; and,
WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to
a park dedication fee to be determined by the City Council; and,
Resolution 8305
Page 2
WHEREAS, the Mounds View Planning Commission and City Council have reviewed
the following documents regarding this proposal:
1. Staff Report
2. Preliminary Plat
3. Zoning Map
4. Aerial View
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves
the Preliminary Plat for the Mounds View Business Park 3rd Addition, submitted by Multi-Tech
Systems, subject to the following conditions:
1. The applicant shall pay a park dedication fee of $115,426, or as determined by the
City Council.
2. The applicant shall satisfy all requirements made by the City Attorney as stated in
the plat opinion.
3. The applicant shall pay all City costs, including those of the City Attorney.
4. The applicant shall apply for Final Plat approval no later than 6 months after the
date of approval of the preliminary plat, or the Preliminary Plat approval will become
null and void.
Adopted this 22nd day of September, 2014.
__________________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 07D
Meeting Date: October 13, 2014
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: Continued Public Hearing: Resolution 8301, Approving the
2015 Fee Schedule
Background
Attached is the Fee Schedule for 2015. This was reviewed by the City Council at the
November Work Session. Changes to the Fee Schedule from 2014 to 2015 are
highlighted in red and blue.
Discussion
Public hearing was opened on September 8, 2014, with no public comment. During the
September 8th City Council Meeting, the public hearing was continued to allow Staff more
time to input the new Mounds View Community Center Rates. During the September 22,
2014, City Council Meeting, the City Council continued the public hearing again at the
request of Staff. Continuation was to allow Staff more time to research comparable cities
as it relates to the City’s Fee Schedule.
Attached is a final draft of the 2015 Fee Schedule for City Council review.
Recommendation
If the City Council is in agreement with the revisions, then Staff recommends adoption
of Resolution 8301, approving the 2015 Fee Schedule, and close the public hearing.
Respectfully Submitted,
Desaree Crane
RESOLUTION NO. 8301
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ADOPTING THE 2015 FEE SCHEDULE
WHEREAS, revisions and updates to the Fee Schedule are necessary; and
WHEREAS, each City of Mounds View Department Head has reviewed all fees
relevant to his/her department and recommended changes to the City Council where
necessary; and
WHEREAS, the City Council reviewed the final draft of the 2015 Fee Schedule.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds
View does hereby approve the 2015 Fee Schedule, which is attached to this resolution.
Adopted this 13h day of October, 2014.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(seal)
Item No: 7E
Meeting Date: September 22, 2014
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 8307, Approving the Hire of Brian Beeman to
the Position of Business Development Coordinator in
the Community Development Department
Background:
On February 10, 2014, the City Council approved Resolution 8212, approving the job
description, salary compensation, and authorized Staff to advertise for the part-time
Business Development Coordinator. The City advertised for the position, and received over
10 applications.
Discussion:
Staff advertised the opening on the City’s website, Star Tribune, and the League of
Minnesota Cities website. Staff received over ten (10) applications, and interviewed six (6)
qualified candidates. Second interviews were then conducted on the top three (3)
candidates. It was the consensus of Staff to recommend Brian Beeman to the position of
part-time Business Development Coordinator.
Mr. Beeman has two (2) Bachelors degree in Business Management and Legal Studies.
He also has a Masters Degree in Public Administration and has worked for the City of Elk
River as the Director of Economic Development. Mr. Beeman, if hired, would start at Step 4
of the Pay Scale at $30.91/hour; with an increase to Step 5 of the salary range (currently
$32.54/hour) after one year of employment. All increases are subject to a satisfactory
performance evaluation. All other City benefits and personnel policies will apply as stated in
the Mounds View Personnel Manual.
Reference, criminal background, and driver license checks are currently being conducted.
Mr. Beeman’s appointment would be contingent on satisfactory reference, criminal
background, and driver license checks.
Mr. Beeman would begin employment on or about September 29, 2014.
This is a non-union position.
Item 7E
Monday, September 22, 2014
Page 2
Recommendation:
Staff recommends the City Council adopt Resolution 8307, a resolution approving the hire of
Brian Beeman to the position of Business Development Coordinator, contingent on
satisfactory reference, criminal background, and driver license checks.
Respectfully submitted,
________________________
Desaree Crane
RESOLUTION NO. 8307
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A Resolution Approving the Hire of Brian Beeman to the Position of
Business Development Coordinator in the Community Development Department
WHEREAS, upon direction from the Mounds View City Council, the Business
Development Coordinator position was advertised; and
WHEREAS, over ten (10) applications were received for the position and six (6)
were chosen for interview; and
WHEREAS, Mr. Beeman’s skills and experience were determined to most closely
match the duties and responsibilities as outlined in the job description; and
WHEREAS, Mr. Beeman would start at Step 4 of the Pay Scale at $30.91/hour; with
an increase to Step 5 of the salary range (currently $32.54/hour) after one year of
employment; and
WHEREAS, all step wage increases are subject to a satisfactory performance
evaluations; and
WHEREAS, Mr. Beeman would begin employment on or about September 29,
2014, contingent on satisfactory reference, criminal background and driver license checks.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
appoints Brian Beeman to the position of Business Development Coordinator in the
Community Development Department with employment to commence on or about
September 29, 2014.
BE IT FINALLY RESOLVED that the City Council does hereby approve the hire of
Brian Beeman to the part-time, non-union position of Business Development Coordinator at
Step 4 of the pay scale (currently $30.91/hour), contingent on satisfactory reference,
criminal background and driver license checks.
Adopted this 22nd day of September, 2014.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(SEAL)
Item No: 07J
Meeting Date: September 22, 2014
Type of Business: Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 8309 Accepting a Donation from Bethlehem
Baptist Church in the Amount of $18,284 and Authorizing
Distribution of Funds
Introduction:
Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in
2004 and received City zoning approval to renovate the former office / warehouse space
for church usage. At the same time, the Church expressed its desire to sponsor and
support worthy community endeavors and created the “Mounds View Service Project Fund”
pledging annual donations totaling $25,000. They envisioned the fund to be used to help
meet certain community needs jointly identified by the city and the Church that would be “in
harmony” with their mission and values.
Discussion:
Representatives from the City, the Community Center and the Park & Rec Commission
have discussed potential funding opportunities for the second half 2014 service project
fund donation which totaled $18,284. A number of programs and improvements which had
been reviewed by the representatives were highlighted for Bethlehem’s consideration.
The Church’s Pastor for Outreach, Vince Johnson, responded with a letter dated
September 22, 2014, recommending the following disbursement schedule:
• Y Partners (grant and scholarship support $1138
• Automatic External Defibrillators (2 at $1,600 each) $3200
• Swing Set at Groveland Park $2600
• Player Benches at Groveland Ball Field $1400
• New Picnic Tables (4) at Groveland Park $3664
• New Benches around Groveland Playground $1236
• City Volunteer Program Coordinator $2000
• Economic Development Activities $3047
Recommendation:
Attached for your consideration is Resolution 8309, a resolution which accepts the
donation from Bethlehem Baptist Church in the amount of $18,285 and authorizes the
distribution of the donations according to the Church’s recommendations.
Respectfully submitted,
________________________
James Ericson
City Administrator
RESOLUTION 8309
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH
IN THE AMOUNT OF $18,285 AND AUTHORIZING DISTRIBUTION OF FUNDS
WHEREAS, Since its establishment in Mounds View in 2004, Bethlehem Baptist
Church has generously supported activities that have benefited the residents of Mounds
View; and
WHEREAS, Bethlehem Baptist Church would like to continue that support by
making a contribution to the City of Mounds View of $18,285 to support the following
programs and activities:
• Y Partners (grant and scholarship support $1138
• Automatic External Defibrillators (2 at $1,600 each) $3200
• Swing Set at Groveland Park $2600
• Player Benches at Groveland Ball Field $1400
• New Picnic Tables (4) at Groveland Park $3664
• New Benches around Groveland Playground $1236
• City Volunteer Program Coordinator $2000
• Economic Development Activities $3047
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
gratefully acknowledges and accepts the donation of $18,285 from Bethlehem Baptist
Church, authorizes the distribution of the funds as directed herein, and approves the
amendment of the 2014 Budget as may be necessary.
Adopted this 22th day of September, 2014
_____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
July 14, 2014 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, July 14, 2014, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, July 14, 2014, 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. Presentation of Annual Report by Fire Chief Nyle Zikmund, Spring Lake 33
Park – Blaine – Mounds View Fire Department. 34
35
Fire Chief Zikmund reviewed the annual report for the Spring Lake Park-Blaine-Mounds View 36
Fire Department in detail with the Council. He explained there would be a gap in the 37
department’s recruitment grant and the department would have to reapply for the federal grant in 38
the near future. He discussed the high level of staffing within the department. He presented the 39
Council with a challenge coin that was unique to the Spring Lake Park-Blaine-Mounds View 40
department. He then reviewed the risk assessment and preventative measures (19 total programs) 41
the Fire Department has pursued to reduce the risk of fire and injury in the community. He 42
commented 150 third graders recently attended a safety camp. 43
44
Mounds View City Council July 14, 2014
Regular Meeting Page 2
Council Member Mueller commended the department for their safety measures. She explained 1
that Fire Chief Zikmund had recently been working with the League of Minnesota Cities 2
discussing the department’s safety record and low worker’s compensation cases. Fire Chief 3
Zikmund explained he had worked with retired Police Officer Rob Bo on a loss reduction 4
workshop for the League of Minnesota Cities. He commented he was also partnering with the 5
Minnesota Department of Health on an air-intake study. 6
7
Council Member Mueller asked who could be a part of the Fire Core. Fire Chief Zikmund 8
explained that any able bodied member of the community could join the Fire Core. He reported 9
the average age of the Fire Core was 50. 10
11
Mayor Flaherty requested further information on the location of the department’s fire stations. 12
Fire Chief Zikmund reviewed the location of each fire station and the number of volunteers 13
located at each station. 14
15
Mayor Flaherty questioned the response time to emergency calls for the fire department. Fire 16
Chief Zikmund indicated the fire department responded to calls during the day in six minutes and 17
in seven and half minutes with volunteers. 18
19
Council Member Meehlhause commented the Centennial Fire Department may be separating. 20
He asked if Fire Chief Zikmund had considered adding Lexington and Circle Pines to the joint 21
department. Fire Chief Zikmund indicated he had been contacted by the Centennial Fire 22
Department and he was hopeful the cities would be able to resolve their issues. He explained 23
that his department would not be willing to discuss a merger until their department had fully 24
dissolved. 25
26
Mayor Flaherty thanked Fire Chief Zikmund for his dedicated leadership to the City of Mounds 27
View and its residents. He looked forward to discussing the 2015 budget in further detail with 28
the Chief at a future meeting. He recommended the department publish the Annual Report to 29
their website. 30
31
7. COUNCIL BUSINESS 32
A. 7:00 p.m. Public Hearing to Receive Public Input and Pass Upon Resolution 33
8277 Adopting a Special Assessment Levy for Unpaid Administrative Offense 34
Charges and Nuisance Abatement Charges. 35
36
Finance Director Mark Beer commented the City Charter requires 30-day notice for special 37
assessments prior to the amount being levied against a resident. He reported a $35 fee would 38
also be added to the assessment amount for administrative fees. He requested the Council hold a 39
public hearing, take comments and adopt a Special Assessment levy for unpaid administrative 40
offense charges and nuisance abatement charges. 41
42
Mayor Flaherty opened the public hearing at 7:38 p.m. 43
44
Hearing no public input, Mayor Flaherty closed the public hearing at 7:38 p.m. 45
Mounds View City Council July 14, 2014
Regular Meeting Page 3
1
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8277, 2
Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges and Nuisance 3
Abatement Charges. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
B. 7:00 p.m. Public Hearing, Resolution 8274, Consideration of the “Anna 8
Place” Preliminary Plat and Comprehensive Plan Amendment for a 5-Lot 9
Major Subdivision at 8211 Red Oak Drive. 10
11
Planning Associate Heidi Heller stated Terry Buchanan, representing Kayak Remodeling & 12
Redevelopment, has submitted an application for a major subdivision of the east two acres of 13
8211 Red Oak Drive and a Comprehensive Plan Map Amendment. The proposed subdivision 14
would create five (5) additional lots from the existing one lot and change the land use designation 15
of the two acres from church (CH) to single family detached (SFD). 16
17
Planning Associate Heller explained that Abiding Savior Church owns the property at 8211 Red 18
Oak Drive, which is a 7-acre parcel with a church building and large parking lot. This property is 19
zoned R-1, Single Family Residential, but the Comprehensive Plan Existing and Future Land Use 20
Maps designate the property as “church.” The proposed subdivision would create five new 21
single-family buildable lots, which would be consistent with the existing zoning of the property, 22
but not consistent with the Comprehensive Plan. All of the lots shown on the preliminary plat 23
meet the minimum lot size requirements: 11,000 square feet and 75 feet wide for interior lots, 24
and 12,500 square feet and 100 feet wide for corner lots. 25
26
Planning Associate Heller indicated the streets near Abiding Savior Church were being 27
reconstructed in 2014, which made it possible for the water and sewer stubs to be connected. 28
She explained that the applicant was awaiting Rice Creek Watershed approval. She discussed 29
the proposed park dedication fees and recommended $3,857 per lot be charged to the developer. 30
She indicated the church had purchased an adjacent residential lot in 2007 and paid $3,984 in 31
park dedication fees for a lot that was never developed. She recommended the Council consider 32
allowing this previously paid amount be credited to the new park dedication fees. Staff reported 33
the Planning Commission reviewed this case at their July 2 nd meeting and recommended 34
approval of the Preliminary Plat and Comprehensive Plan Amendment for a 5-lot Major 35
Subdivision at 8211 Red Oak Drive. 36
37
Mayor Flaherty opened the public hearing at 7:48 p.m. 38
39
Dale Oakey, 2458 Sherwood Road, Abiding Savior Church representative, thanked staff for the 40
thorough report. He appreciated the Council’s consideration and requested the previously paid 41
park dedication funds be allowed to be credited to the new subdivision. 42
43
City Administrator Ericson stated the City could use the previous park dedication formula and 44
reevaluate the amount due from the applicant. 45
Mounds View City Council July 14, 2014
Regular Meeting Page 4
1
Hearing no further public input, Mayor Flaherty closed the public hearing at 7:53 p.m. 2
3
Council Member Meehlhause asked what style of homes would be placed on the five single-4
family lots. Terry Buchanan, Kayak Remodeling & Redevelopment, explained split entry homes 5
were being proposed and would range in price from $300,000-325,000. 6
7
Mayor Flaherty questioned where the retention ponds would be located. Planning Associate 8
Heller described the location of the ponds on the three deep lots reporting the homes on these lots 9
would have to be raised. Mr. Buchanan commented that the Rice Creek Watershed would be 10
reviewing his request and this would ensure all water runoff was properly managed. 11
12
Mayor Flaherty inquired if a builder had been selected. Mr. Buchanan indicated he had not 13
selected a single builder, but had several in mind. 14
15
Mayor Flaherty asked how the property would be addressed if the lots were not sold and 16
developed in the near future. Mr. Buchanan anticipated that the proposed homes at the suggested 17
price point would be attractive in this market. However, if the lots were unable to sell, he would 18
seed the lots, keep them maintained and wait for buyers. 19
20
Council Member Mueller questioned what type of marketing signage would be placed on the 21
lots. Mr. Buchanan hoped that signage would not have to be placed on the lots. He anticipated 22
that one lot would be sold at a time. 23
24
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8274, 25
Consideration of the “Anna Place” Preliminary Plat and Comprehensive Plan Amendment for a 26
5-Lot Major Subdivision at 8211 Red Oak Drive, crediting the previously paid park dedication 27
fees. 28
29
Council Member Meehlhause supported the crediting of the previously paid park dedication 30
amount. 31
32
Council Member Mueller thanked Mr. Oakey for his comments. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
C. First Reading and Introduction of Ordinance 888, Amending Title 1100 by 37
adding Chapter 1128, County Road 10 Overlay District. 38
39
Planning Associate Heller indicated the Council reviewed the proposed County Road 10 Overlay 40
District Ordinance previously in a joint worksession meeting with the Planning Commission. 41
She suggested the Council add Chapter 1128 to City Code to address this matter. Staff 42
reviewed the proposed language and recommended the Council waive the First Reading and 43
introduce the Ordinance. 44
45
Mounds View City Council July 14, 2014
Regular Meeting Page 5
Council Member Mueller questioned how existing buildings would be impacted by the proposed 1
overlay district. Planning Associate Heller stated future expansions of existing structures could 2
match existing structures. However, all new buildings would have to comply with the overlay 3
district. 4
5
Mayor Flaherty asked for the boundaries of the overlay district. Planning Associate Heller 6
reported the boundaries would span along the County Highway 10 corridor from County Road H 7
to Pleasantview. 8
9
Mayor Flaherty inquired how much latitude staff would have in approving complementary 10
building materials. Planning Associate Heller reported all final decisions would remain with the 11
City Council. City Administrator Ericson discussed this matter in further detail and stated new 12
building materials, processes and techniques that meet the intent and purpose of the code could 13
be granted by staff. 14
15
MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce 16
Ordinance 888, Amending Title 1100 by adding Chapter 1128, County Road 10 Overlay District. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
D. First Reading and Introduction of Ordinance 889, Revising Chapter 512 of 21
the Mounds View City Code Pertaining to Cigarette and Tobacco Products. 22
23
Assistant City Administrator Crane stated that on April 14th the Council approved a Resolution 24
that approved a Tobacco license for Sam’s Market contingent upon several conditions. She read 25
these conditions in full for the record. Staff had concern with the sale of single cigars, known as 26
blunts, at Sam’s Market. For this reason, the Ramsey County Tobacco Coalition and City 27
Attorney recommended City Code pertaining to cigarette and tobacco products be amended. She 28
reported the proposed amendment would eliminate the possible sale of single cigars to minors. 29
Staff reviewed the proposed language within Chapter 512 of City Code and recommended the 30
Council introduce the Ordinance. 31
32
Council Member Gunn opposed Item D within the Ordinance. Assistant City Administrator 33
Crane reported this Item has been reworded to read, the licensee must post a sign at the front 34
entrance that prohibits the selling of tobacco and tobacco related products to minors. 35
36
Council Member Gunn asked if the City could regulate pricing or if this was mandated by the 37
State. She did not believe that the City wanted to be in the business of regulating tobacco 38
product prices. Assistant City Administrator Crane reported cigars were regulated differently 39
than cigarettes. 40
41
Council Member Hull did not agree with the City becoming the pricing agent for cigars. He 42
questioned how the City would gauge moral character. City Administrator Ericson discussed 43
how this issue would be determined by the City and its attorney through the application process. 44
45
Mounds View City Council July 14, 2014
Regular Meeting Page 6
Mayor Flaherty feared that Mounds View would be open to litigation if the moral character 1
language remained in the City Code. He indicated he would like to discuss this item further with 2
the City Attorney. City Administrator Ericson commented City Attorney Riggs would be present 3
at the next Council meeting. 4
5
Council Member Meehlhause asked if all tobacco establishments had video surveillance devices. 6
Assistant City Administrator Crane believed this to be the case. 7
8
Mayor Flaherty explained that if the Ordinance were approved, each tobacco license holder in the 9
City would have to be brought into compliance with the new language. He recommended the 10
language regarding small bags be reworded to allow for the sale of sandwich bags. He agreed 11
that the City should not be regulating cigar prices in Mounds View. City Administrator Ericson 12
stated it was staff’s intent to bring all tobacco license holders into compliance. 13
14
Council Member Mueller believed that addressing loitering in front of tobacco and liquor 15
establishments in the City would improve safety. She appreciated the report from the Ramsey 16
County Tobacco Coalition along with the proposed language changes to the tobacco code with 17
the revisions discussed. 18
19
Council Member Hull asked how many compliance checks were completed in the City each year. 20
Assistant City Administrator Crane reported the Police Department conducted four compliance 21
checks annually. 22
23
Mayor Flaherty recommended the Council and staff keep in mind that the amendment should be 24
written to apply to all tobacco businesses and not just Sam’s Market. He suggested that the City 25
be prepared to enforce the language within City Code. 26
27
Council Member Meehlhause did not object to any of the provisions. He believed that the 28
suggestions to be good business practices while still allowing for the sale of tobacco. 29
30
Council Member Hull asked if other cities had similar Tobacco License requirements within City 31
Code for surveillance systems and recordings. Assistant City Administrator Crane commented 32
she would investigate this further and report back to the Council in August. 33
34
MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 889, 35
Revising Chapter 512 of the Mounds View City Code Pertaining to Cigarette and Tobacco 36
Products. 37
38
Ayes – 4 Nays – 1 (Hull) Motion carried. 39
40
E. Resolution 8276, Approving a Donation Collection Bin License for USAgain, 41
LLC, to Place a Donation Collection Bin at Cross of Glory Church located at 42
5472 Adams Street. 43
44
Assistant City Administrator Crane stated that in October of 2013 the Council amended Title 500 45
Mounds View City Council July 14, 2014
Regular Meeting Page 7
regarding donation collection bins. She explained that USAgain has requested to put a donation 1
bin at Cross of Glory Church and has filled out all of the necessary paperwork. Staff reviewed 2
the request in further detail and recommended the Council approve the request. She reported 3
Cross of Glory Church fully supported the request. 4
5
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8276, 6
Approving a Donation Collection Bin License for USAgain, LLC, to Place a Donation Collection 7
Bin at Cross of Glory Church located at 5472 Adams Street. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
F. Resolution 8278, Approving the Purchase of a 2015 Service Truck for the 12
Water Division of Public Works. 13
14
Public Works Supervisor Peterson explained he was seeking approval for the purchase of a 2015 15
service truck for the water division of Public Works. He explained this vehicle would be used 16
for well buildings, water meters, watermain breaks, and valve repairs. He indicated this was a 17
budgeted expense for 2014. It was noted the current water division truck would be traded in. He 18
reported the expense for the new truck, box and air compressor was $62,234.32. Staff requested 19
the Council approve the purchase of the truck with a 5% contingency. 20
21
Council Member Meehlhause asked why an F350 was being recommended instead of the F250. 22
Public Works Supervisor Peterson indicated the F350 had better suspension and would better suit 23
the needs of the Public Works department. 24
25
Council Member Meehlhause questioned if the current water division truck had an air 26
compressor. Public Works Supervisor Peterson stated the current vehicle did not, but for safety 27
reasons, he was recommending this addition. 28
29
Council Member Mueller requested further information on the proposed super cab. Public 30
Works Supervisor Peterson commented Ford now offered a Super Cab and this would allow for 31
additional storage in the truck. 32
33
Mayor Flaherty inquired why staff was requesting a two-wheel drive truck. Public Works 34
Supervisor Peterson did not believe a four-wheel drive truck was necessary for the water 35
division. In addition, this would increase the expense of the vehicle another $4,000. 36
37
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8278, 38
Approving the Purchase of a 2015 Service Truck for the Water Division of Public Works. 39
40
Ayes – 5 Nays – 0 Motion carried. 41
42
G. Resolution 8280, Approving Construction Contract with Dave Perkins 43
Contracting, Inc. for the 2014 Belle Lane – Pinewood Storm Sewer Repair 44
Project. 45
Mounds View City Council July 14, 2014
Regular Meeting Page 8
1
Project Coordinator Stenglein explained a pipe along the east side of Pinewood Elementary was 2
in need of repair. He commented the pipe was originally installed in the mid 90’s. He reviewed 3
several photographs with the Council and indicated the City wanted to have this project 4
completed prior to the start of the school year. Staff reviewed the expense for the project and 5
recommended the Council approve of a construction contract with Dave Perkins Contracting 6
with a 15% contingency for the Pinewood Storm Sewer repair project. 7
8
Council Member Meehlhause asked if the storm water projects being deferred in 2014 were 9
critical. Project Coordinator Stenglein explained this was not the case. 10
11
Mayor Flaherty questioned ifthe 15% contingency was necessary. Project Coordinator Stenglein 12
explained that additional expenses may be necessary to restore the area and will not be known 13
until after the pipe has been removed. 14
15
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8280, 16
Approving Construction Contract with Dave Perkins Contracting, Inc. for the 2014 Belle Lane – 17
Pinewood Storm Sewer Repair Project. 18
19
Mayor Flaherty commended staff for maintaining the City’s fund balances through the proposed 20
project. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
H. Resolution 8281, Authorizing Stantec Consulting Services, Inc. to Perform 25
Professional Engineering Design Services and Prepare Bidding Documents 26
for Area H of the Street and Utility Improvement Program. 27
28
Public Works Director DeBar reported Area H of the Street and Utility Improvement Program 29
would be completed in 2015. He commented Arden Avenue and Groveland Road were the two 30
non-standard streets in this area as each had State-Aid status. He indicated staff solicited a bid 31
from Stantec to perform engineering design services. He discussed the efficiencies of using 32
Stantec for this project and noted the expense for Area H would be $319,500, which would cover 33
both design and construction. It was noted that this estimate also included some design work for 34
Area I. 35
36
Council Member Mueller was excited that the streets in her neighborhood would finally be 37
completed. She questioned if the property on the west side of Groveland Park would remain a 38
wetland. Public Works Director DeBar commented this was the case and believed stormwater 39
would continue to drain into this area. 40
41
Council Member Mueller expressed concern with pedestrian safety with the parking along 42
Groveland Avenue on game days. Public Works Director DeBar explained off-street parking 43
surrounding Groveland Park would be similar to the parking at Hillview Park. 44
45
Mounds View City Council July 14, 2014
Regular Meeting Page 9
MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 8281, 1
Authorizing Stantec Consulting Services, Inc. to Perform Professional Engineering Design 2
Services and Prepare Bidding Documents for Area H of the Street and Utility Improvement 3
Program. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
8. CONSENT AGENDA 8
A. Set a Public Hearing for Monday, July 28, 2014, at 7:00 p.m. for the Second 9
Reading of Ordinance 888 Amending Title 1100 by Adding Chapter 1128, 10
County Road 10 Overlay District. 11
B. Set a Public Hearing for Monday, July 28, 2014, at 7:00 p.m. to Consider a 12
Development Review for a new commercial building at County Road 10, west 13
of Woodale Drive. 14
C. Resolution 8279 for Renewal of Training Contract with Century College. 15
16
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as presented. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
9. JUST AND CORRECT CLAIMS 21
22
Finance Director Beer answered the Council's questions related to claims. 23
24
MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
10. APPROVAL OF MINUTES 29
A. May 12, 2014, City Council Meeting Minutes. 30
31
Council Member Meehlhause requested a correction on Page 7, Line 24, making the word award 32
plural. 33
34
MOTION/SECOND: Mueller/Meehlhause. To Approve the May 12 , 2014, City Council 35
meeting minutes as corrected. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
B. May 27, 2014, City Council Meeting Minutes. 40
41
MOTION/SECOND: Mueller/Flaherty. To Approve the May 27, 2014, City Council meeting 42
minutes as presented. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council July 14, 2014
Regular Meeting Page 10
1
C. June 9, 2014, City Council Meeting Minutes. 2
3
MOTION/SECOND: Gunn/Meehlhause. To Approve the June 9, 2014, City Council meeting 4
minutes as presented. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
D. June 23, 2014, City Council Meeting Minutes. 9
10
MOTION/SECOND: Mueller/Meehlhause. To Approve the June 23, 2014, City Council 11
meeting minutes as presented. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
11. REPORTS 16
A. Reports of Mayor and Council. 17
18
Council Member Mueller stated the Festival in the Park Committee would be meeting on July 15, 19
2014 at 7:00 p.m. at City Hall. 20
21
Council Member Meehlhause stated Twin Cities Gateway would be meeting on July 15, 2014 at 22
the Mounds View Community Center. He reported the City’s local hotels continue to do well 23
and revenue is up. 24
25
B. Reports of Staff. 26
27
City Administrator Ericson explained he attended a Cable Commission meeting with member 28
city Mayors and City Administrators. He reported the joint powers agreement was discussed 29
along with membership representation. He indicated the group would meet again in October. 30
31
City Administrator Ericson reviewed the “Best Of” section in the June edition of The Bulletin. 32
He commended the numerous Mounds View businesses that were honored. 33
34
C. Reports of City Attorney. 35
36
There was nothing additional to report. 37
38
12. Next Council Work Session: Monday, August 4, 2014, at 7:00 p.m. 39
Next Council Meeting: Monday, July 28, 2014, at 7:00 p.m. 40
Mounds View City Council July 14, 2014
Regular Meeting Page 11
1
13. ADJOURNMENT 2
3
The meeting was adjourned at 9:56 p.m. 4
5
Transcribed by: 6
7
Heidi Guenther 8
TimeSaver Off Site Secretarial, Inc. 9
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
July 28, 2014 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, July 28, 2014, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Meehlhause. To Approve the Monday, July 28, 2014, 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. Presentation from Carol Jackson, Manager of the Mounds View Branch 33
Ramsey County Library 34
35
Carol Jackson, Mounds View Library Branch Manager, provided the Council with an update on 36
the libraries activities as part of the Ramsey County Library system. She reviewed the mission 37
and vision statement for the library, along with its initiatives. She discussed how e-readers were 38
changing book circulation within the library, and noted there was a strong push for early literacy. 39
The number of library visits for 2013 and 2014 were reviewed, along with the programs offered 40
to both adults and children. She explained the renovations that were completed in August 2013 41
and encouraged the public to stop in for a visit. 42
43
Council Member Meehlhause was pleased with the programs and literature available at the 44
Mounds View Library. 45
Mounds View City Council July 28, 2014
Regular Meeting Page 2
1
Mayor Flaherty thanked Ms. Jackson for her report and for her dedication to this important public 2
asset. 3
4
7. COUNCIL BUSINESS 5
A. 7:00 p.m. Public Hearing, Resolution 8283, Approving a Development 6
Review & Developer’s Agreement for new construction on vacant land on 7
County Road 10, west of Woodale Drive; Developer: Build to Suit, Inc. for 8
BioLife Plasma Services. 9
10
Planning Associate Heller stated that BioLife Plasma Services has been located in Mounds View 11
for several years and is currently leasing space at 2222 Woodale Drive, in the Mounds View 12
Business Park. She reported BioLife now wants their own building and have a purchase 13
agreement to buy the vacant land on the east side of the Mounds View Motors car dealership on 14
County Road 10. Multi-Tech is the owner of the vacant land. Build to Suit, Inc. is the developer 15
for this site and is requesting a development review for a new 16,692 square foot building to be 16
built on the south side of the site, fronting County Road 10. 17
18
Planning Associate Heller explained that BioLife will be creating two lots from the land they are 19
purchasing and will sell the north lot in the future. A major subdivision application will be 20
submitted in the coming weeks. A new building will allow the company to continue its success in 21
Mounds View and the north metro. She estimated that construction would take seven to nine 22
months. She anticipated that BioLife would move their existing sign to the new location. She 23
discussed the landscaping and grading plan. Staff reviewed the plans in detail with the Council 24
and explained the Planning Commission recommended approval of Resolution 1011-14, which 25
approves the plans submitted by Build to Suit, Inc. for a new 16,692 square foot building for a 26
BioLife Plasma Services facility at their July 16, 2014 meeting. 27
28
Mayor Flaherty opened the public hearing at 7:28 p.m. 29
30
Beth Johnson, 2287 County Road H2, expressed concern with the water runoff and grading of the 31
site. She discussed the flooding that currently occurred on her property. She recommended that 32
permeable surfaces be considered. She requested clarification on where the building and access 33
drive would be placed on the site. Planning Associate Heller reviewed the location of the 34
building and proposed access road. 35
36
Jason Harder, Build to Suit, discussed the stormwater management plan noting the water from 37
this site tended to flow towards Highway 10. He noted his grading plan would keep the water 38
flowing in this direction towards the drainage pond. He explained that no water would flow 39
north towards the adjacent homes. 40
41
Jim Lyons, 2279 County Road H2, discussed the water issues he had on his property. 42
43
Hearing no further public input, Mayor Flaherty closed the public hearing at 7:36 p.m. 44
45
Mounds View City Council July 28, 2014
Regular Meeting Page 3
Council Member Hull asked if access was granted to County Highway 10 if the access point on 1
H2 could be closed. Planning Associate Heller stated this was a possibility, but would be 2
determined by the developer. She further discussed the issues the City was having with the 3
County regarding an access point onto County Highway 10. 4
5
Mayor Flaherty suggested staff speak with Ramsey County Commissioner McGuire regarding the 6
access matter. He asked if the new building would comply with the County Road 10 Overlay 7
District. Planning Associate Heller explained that this building would not comply due to the fact 8
the Ordinance would not go into effect until September 9th. She reported the building would 9
follow the guidelines; however, the building setbacks would not. 10
11
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8283, 12
Approving a Development Review & Developer’s Agreement for new construction on vacant 13
land on County Road 10, west of Woodale Drive; Developer: Build to Suit, Inc. for BioLife 14
Plasma Services. 15
16
Council Member Mueller asked if the applicant had received Rice Creek Watershed approval. 17
Planning Associate Heller explained this item would be reviewed by the Rice Creek Watershed 18
at the end of the month. 19
20
Council Member Mueller explained the new facility would bring 40 new jobs to the City of 21
Mounds View. 22
23
Council Member Meehlhause was pleased that BioLife had chosen to stay in Mounds View. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
B. 7:00 p.m. Public Hearing, Second Reading & Adoption of Ordinance 888, 28
Amending Title 1100 by Adding Chapter 1128, County Road 10 Corridor 29
Overlay District (Roll Call Vote). 30
31
Planning Associate Heller explained that the City has been discussing the creation of a Corridor 32
Overlay District along County Road 10 in order to give more flexibility to new development 33
projects on the corridor. The City is willing to be flexible on requirements such as setbacks, 34
parking, density and height, but the City also wants projects that are high quality. 35
36
Planning Associate Heller reviewed Chapter 1128 in the City Code with the Council noting it 37
was created for this overlay district instead of inserting the new language into an existing chapter. 38
She explained the section regarding the City having the option to not require a development area 39
to comply with the overlay district was removed because in 1128.05 the zoning districts that 40
would be applicable are listed. It was noted staff added zoning districts R-3 and R-4 to the listed 41
zoning districts. Staff recommended the Council waive the Second Reading and adopt the 42
Ordinance amending Title 1100 by adding Chapter 1128 which would create a County Road 10 43
Overlay District. 44
45
Mounds View City Council July 28, 2014
Regular Meeting Page 4
Mayor Flaherty opened the public hearing at 7:51 p.m. 1
2
Hearing no public input, Mayor Flaherty closed the public hearing at 7:51 p.m. 3
4
MOTION/SECOND: Mueller/Hull. To Waive the Second Reading & Adopt Ordinance 888, 5
Amending Title 1100 by Adding Chapter 1128, County Road 10 Corridor Overlay District and 6
publish an Ordinance summary. 7
8
Council Member Meehlhause thanked staff and the Planning Commission for their work on this 9
Ordinance. 10
11
ROLL CALL: Gunn/Hull/Meehlhause/Mueller/Flaherty. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
C. Resolution 8275, Approving a Developer’s Agreement for Longview Estates. 16
17
Planning Associate Heller requested the Council consider approval of a Developer’s Agreement 18
for Longview Estates. She explained the property was being developed by Marty Harstad and 19
work has already begun on the lot. She reported the final plat was being reviewed by the County. 20
She noted the deadfall would be removed once the ground hardens to ensure that the wetlands are 21
not damaged. Staff reviewed the Developer’s Agreement, noting several language changes and 22
recommended approval. 23
24
City Attorney Riggs explained he had reviewed the Developer’s Agreement and supported the 25
language modifications. 26
27
Council Member Mueller asked if the Developer’s Agreement included a requirement that the 28
streets would be restored to their present condition after all construction was complete. Public 29
Works Director DeBar indicated Item 203(C) would address the inspection and restoration of 30
City streets. He noted the developer would have a $75,000 bond in place to cover the expense of 31
any necessary street restoration. 32
33
Council Member Meehlhause asked if Outlot A would be given to the City. Planning Associate 34
Heller stated this was the case noting Outlot A would be dedicated to the City on the plat. 35
36
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8275, 37
Approving a Developer’s Agreement for Longview Estates. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
D. Resolution 8284, Consideration of an Appeal for a Variance Denial for a 42
Second Curb Cut at 7800 Groveland Road. 43
44
Planning Associate Heller explained the Planning Commission discussed a variance request for a 45
Mounds View City Council July 28, 2014
Regular Meeting Page 5
second curb cut for the property at 7800 Groveland Road at their May 21st and June 4th meetings. 1
She explained that the applicants had constructed a second garage and was requesting a second 2
curb cut, when City Code allows for only one. She reported the Planning Commission had a 3-3 3
vote at their May 21st meeting and recommended denial of the request 6-1 at their June 4th 4
meeting. Staff explained the applicant has since appealed. 5
6
Frands Jensen, 7800 Groveland Road, explained he had several neighbors present on his behalf 7
to speak in support of the second curb cut. 8
9
Jim Boyle, 2840 Oakwood Drive, supported the second curb cut request for the Jensens. He did 10
not believe the second curb cut was a public safety concern. He recommended the Council 11
approve the access point onto Oakwood Drive. 12
13
Leroy Tower, 2829 Oakwood Drive, believed it was more of an issue to not allow the curb cut. 14
He explained the existing curb would be damaged given the location of the Jensen’s new garage. 15
He recommended the Council support the second curb cut. 16
17
Mr. Jensen explained that when he bought the property he was told he could apply for a variance 18
to allow the second curb cut. He reported he would have never purchased the property if he 19
knew it would be voted down. He discussed the other properties in the City with two curb cuts. 20
He requested the Council reconsider the matter and allow him to have the second curb cut. 21
22
Council Member Meehlhause asked if the garage could have been constructed in such a manner 23
to allow for access from the main driveway. Mr. Jensen stated there were four trees that would 24
have had to have been removed in order to allow for access from the main driveway. 25
26
Council Member Meehlhause questioned why the Jensen’s did not apply for the variance prior to 27
building the garage. Mr. Jensen believed that the variance would be approved given the location 28
of his property. 29
30
Council Member Hull inquired if staff could have denied the building permit for the second 31
garage. Planning Associate Heller explained the garage plans met City requirements. She 32
reported that she made Mr. Jensen aware that a second curb cut was not allowed under City 33
Code. 34
35
Council Member Hull asked if a second garage with no driveway would hurt a homeowners’ 36
property value. Planning Associate Heller did not believe the property value would decrease 37
because the second garage did not have a driveway. She commented that the actual sale of the 38
property may prove to be more of a concern. 39
40
Council Member Gunn explained that the properties with second curb cuts were grandfathered 41
in. She reported that many second curb cuts have been removed through the Street Improvement 42
Project. 43
44
Mayor Flaherty questioned if anyone spoke for or against the second curb cut at the Planning 45
Mounds View City Council July 28, 2014
Regular Meeting Page 6
Commission meetings. Planning Associate Heller reported only the applicant spoke regarding 1
this case. 2
3
Mayor Flaherty believed that the public support would have been helpful at the Planning 4
Commission meeting. He feared that this case could set precedence if the denial were 5
overturned. He expressed concern about the order in which the applicant pursued the garage 6
building permit and variance. 7
8
Mr. Jensen stated he had the understanding that the variance request would be approved given 9
the location of his home. He explained he would not have built the garage had he known the 10
curb cut would not be approved. 11
12
Mayor Flaherty discussed the reasons the City Council had moved away from allowing second 13
curb cuts. 14
15
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8284, Over 16
Turning the Planning Commission’s Denial of a Variance for a Second Curb Cut at 7800 17
Groveland Road. 18
19
Council Member Hull supported the second curb cut due to the fact Mr. Jensen did not live on a 20
busy street. In addition, he did not want the property value to be harmed given the fact there was 21
a garage in the rear yard without a driveway. He appreciated the work conducted on this case 22
conducted by staff and the Planning Commission. 23
24
Council Member Mueller appreciated the work of the Planning Commission as well and 25
understood that Mr. Jensen did not approach this matter in the correct order. However, she 26
supported the second curb cut given the fact it would reduce the wear and tear on the City curb 27
and would improve the traffic flow in the neighborhood. 28
29
Council Member Gunn agreed. She reiterated the fact that Mr. Jensen would be responsible for 30
installing a hard surface driveway and curb cut within one year. She commented that this would 31
be at Mr. Jensen’s expense and would have to be approved by the City. Mr. Jensen understood 32
these requirements. 33
34
Council Member Meehlhause stated he would not be supporting this request. He believed that 35
the variance request should have been made prior to the construction of the garage. He did not 36
want to see the Council setting a precedence by approving this variance request. 37
38
Mayor Flaherty reported Mr. Jensen created a precarious situation for the City Council. He 39
appreciated the support provided by his neighbors and noted he was in favor of the second curb 40
cut. 41
42
Ayes – 4 Nays – 1 (Meehlhause) Motion carried. 43
Mounds View City Council July 28, 2014
Regular Meeting Page 7
1
E. Resolution 8286, Consideration of a Tobacco Business License to Babelon, 2
Inc., Doing Business as Sam’s Food Market, located at 2408 County Road I. 3
4
Acting City Administrator Crane stated in April the Council approved a cigarette and tobacco 5
license for Sam’s Food Market contingent upon several conditions. She read the conditions in 6
full for the record. She explained that on May 15th staff sent a letter to Sam’s Food Market that 7
their license was about to expire on June 30th. The representatives at Sam’s Food Market had 8
until June 9th to provide staff with the license fee and application materials. Two weeks prior to 9
the license expiring, staff contacted Sam’s Food Market again requesting the license fee and 10
application materials. 11
12
Acting City Administrator Crane reported that one week prior to the license expiring City staff 13
contacted the City Attorney and had him contact Sam’s Food Market explaining that the tobacco 14
license would lapse in one week. She stated on June 30th staff drafted a letter to Sam’s Food 15
Market informing them the license would expire and that as of July 1st this establishment would 16
not be authorized to sell cigarettes or tobacco products. This letter was hand delivered by the 17
City’s code enforcement officer. 18
19
Acting City Administrator Crane commented that soon after delivery of this letter, a 20
representative from Sam’s Food Market came to City Hall with a blank check informing staff 21
that he was ready to pay for his tobacco license. Staff informed the gentleman that no application 22
materials had been received to date for the tobacco license and therefore could not be processed. 23
She advised that on July 3rd staff witnessed a tobacco sale at Sam’s Food Market. The police was 24
immediately dispatched as the sale occurred without a valid tobacco license. She explained that 25
the owner was cited for the violation. It was noted July 14th another compliance check was 26
conducted by the City and Sam’s Food Market did not make a tobacco sale. 27
28
Acting City Administrator Crane indicated staff received application materials and fees for a 29
tobacco license from Sam’s Food Market on July 21st. A. background check was completed and 30
there was an inconsistency with the Babelon, Inc. corporate address. She consulted with the City 31
Attorney regarding this matter. She recommended the Council discuss the matter in detail and 32
direct staff on how to proceed. 33
34
Mayor Flaherty noted that there were no representatives from Sam’s Market available this 35
evening. For this reason, he recommended the case be postponed. 36
37
MOTION/SECOND: Flaherty/Meehlhause. To Postpone discussion on this item to a future City 38
Council meeting. 39
40
Council Member Mueller expressed concern with postponing discussion given the fact there 41
were people in attendance that wished to speak on the case. 42
43
City Attorney Riggs advised that the Council could rescind the motion and take public 44
comments. He reported that this was not a public hearing. 45
Mounds View City Council July 28, 2014
Regular Meeting Page 8
1
Council Member Hull questioned how long the Council would have to wait until a representative 2
from Sam’s Food Market would attend a City Council meeting. Acting City Administrator Crane 3
reported that Sam’s Food Market and their attorney were notified of the meeting. 4
5
Council Member Gunn discussed the numerous notifications staff sent to representatives at 6
Sam’s Food Market. She expressed frustration that a representative from Sam’s Food Market 7
was not present this evening. She questioned how much more time the City should allow. City 8
Attorney Riggs commented the Council could choose to approve, deny or postpone the matter. If 9
the Council elects to postpone the matter, it should be to a date certain. This option would allow 10
staff to gather additional information on the inconsistencies. 11
12
Council Member Mueller believed that City Code allows for clear denial of this case given the 13
fact the applicant contains unclear or false information. She explained that staff has allowed for 14
ample time for the applicant to respond to the concerns that have been raised. She believed that 15
because the applicant was not present this evening, there was a clear lack of respect to the City 16
Council and the community. She was not in favor of postponement, but rather recommended the 17
tobacco license be denied. 18
19
Council Member Meehlhause agreed and stated he would support a denial of the tobacco license. 20
21
Fayeth Seith, Mounds View Tobacco, stated he did not want to be put out of business. He 22
indicated his business never sold to minors. He provided comment on Section J. 23
24
Mayor Flaherty recommended that comments regarding Section J of the Ordinance be brought to 25
the Council under Item G on the agenda. 26
27
Ayes – 1 Nays – 4 (Gunn, Hull, Meehlhause and Mueller) Motion failed. 28
29
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8286, 30
Recommending Denial of a Tobacco Business License to Babelon, Inc., Doing Business as 31
Sam’s Food Market, located at 2408 County Road I based on City Code Section 512.05. 32
33
City Attorney Riggs provided additional language to be included within the Resolution. He 34
reported it should be clear that the applicant included false or misleading information on his 35
application. The Council agreed with these modifications. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
40
The Council agreed to next discuss Item G. 41
42
G. Second Reading of Ordinance 889, Revising Chapter 512 of the Mounds 43
View City Code Pertaining to Cigarette and Tobacco Products (Roll Call 44
Vote). 45
Mounds View City Council July 28, 2014
Regular Meeting Page 9
1
Acting City Administrator Crane stated the proposed Ordinance amendment was drafted by staff 2
after the incident at Sam’s Food Market. She reported that on April 14th Sam’s Food Market 3
received approval for a tobacco license with conditions. Staff reviewed the discussion held by 4
the Council during the First Reading of the Ordinance and recommended approval of Ordinance 5
889 revising Chapter 512 of the Mounds View City Code. 6
7
Ani Haynes, Mounds View Tobacco, questioned what concerns the City had with the tobacco 8
license holders. Mayor Flaherty commented the City had no concerns but was simply looking to 9
strengthen City Code. 10
11
Ani Haynes commented that since Sam’s Food Market has opened this business has caused 12
trouble. He did not believe that all tobacco establishments in Mounds View should be punished 13
for their mistakes. He indicated that many tobacco businesses in the metro area sell dugouts, 14
scales, glass pipes and baggies. 15
16
Fayeth Seith, explained that measuring scales can be used for tobacco for customers that roll their 17
own cigarettes. He indicated the window signs were also a concern. 18
19
Council Member Mueller recommended the language within Item K be amended to ensure that 20
lessee/lessors properly manage graffiti. 21
22
Council Member Hull asked if other cities banned dugouts, one-hitters and glass pipes. Acting 23
City Administrator Crane stated it was common for these items to be banned. 24
25
Mayor Flaherty indicated he had an issue with requiring “No Loitering” signs. He believed that 26
City Code addressed loitering. Acting City Administrator Crane commented that the owner of 27
Vino & Stogies has had concerns with loitering, which led staff to suggest this signage. City 28
Attorney Riggs commented the sign would provide crowd control while also addressing the 29
concern of minors lingering near tobacco establishments. He explained that other cities find this 30
to be an important clause. 31
32
Mayor Flaherty expressed concern with how the “No Loitering” signage would be enforced by 33
the City. He questioned if the City had the resources to visit each tobacco establishment 34
routinely to bring them into compliance. Acting City Administrator Crane explained that the 35
establishments would be examined through each compliance check. 36
37
Further discussion ensued regarding the placement of signage in business windows. 38
39
Council Member Mueller recommended that interior signage remain consistent between tobacco 40
and liquor establishments. She believed that for safety purposes, no signage should be placed in 41
front windows, but understands the business need for advertising space. 42
43
Mayor Flaherty believed that the building code addressed the sign requirements and agreed that 44
the signage should remain consistent throughout the City. 45
Mounds View City Council July 28, 2014
Regular Meeting Page 10
1
City Attorney Riggs reported that many of the new tobacco code amendments were being written 2
into law to address the growing concern of synthetics. He explained that provision J would 3
address these concerns. He suggested the Council review this further in a work session prior to 4
approving the Ordinance. 5
6
Mayor Flaherty agreed with this recommendation as he wanted to ensure that all businesses in 7
Mounds View were being treated equally with regards to signage and code enforcement. 8
9
Council Member Gunn discussed how the tobacco establishments differed throughout the City 10
and wanted to see the proposed Code amendment address each of these unique businesses. She 11
recommended that tobacco license holders be invited to the worksession meeting. 12
13
MOTION/SECOND: Flaherty/Meehlhause. To Postpone action on this item to the September 14
worksession meeting. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
F. Resolution 8282, Approving a Revised Job Description and Authorizing to 19
Advertise for the Police Support Specialist Position. 20
21
Police Chief Kinney requested the Council approve a revised job description for the Police 22
Support Specialist and authorize the advertisement for this position. He described the duties that 23
would be completed by this full-time employee. He noted the Police Civil Service Commission 24
met and recommended approval of the revised job description. It was his recommendation that 25
the new employee be hired prior to Linda Myer’s departure. 26
27
Council Member Gunn asked how this position would be advertised. Police Chief Kinney 28
commented the position would be posted on the City’s website and applications would be 29
available at City Hall. In addition, the job would be posted on the League of Minnesota Cities 30
website. 31
32
Mayor Flaherty questioned if this was a union position. Police Chief Kinney clarified that this 33
was a non-union position. 34
35
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8282, 36
Approving a Revised Job Description and Authorizing to Advertise for the Police Support 37
Specialist Position. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
8. CONSENT AGENDA 42
A. Resolution 8287, Appointing Gary Lee Rundle to the Parks, Recreation and 43
Forestry Commission. 44
45
Mounds View City Council July 28, 2014
Regular Meeting Page 11
MOTION/SECOND: Meehlhause/Mueller. To Approve the Consent Agenda as presented. 1
2
Council Member Meehlhause thanked Garry Rundle for his willingness to serve the City in this 3
capacity. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
9. JUST AND CORRECT CLAIMS 8
9
Finance Director Beer answered the Council's questions related to claims. 10
11
Council Member Hull excused himself from the Council Chambers. 12
13
MOTION/SECOND: Mueller/Gunn. To Approve the Just and Correct Claims as presented. 14
15
Ayes – 4 Nays – 0 Motion carried. 16
17
10. APPROVAL OF MINUTES 18
19
None. 20
21
11. REPORTS 22
A. Reports of Mayor and Council. 23
24
Council Member Mueller encouraged all Mounds View residents to take part in National Night 25
Out on August 5, 2014. She thanked the Police Department for participating in these events. 26
27
Council Member Hull returned to the Council Chambers. 28
29
Council Member Mueller indicated the Festival in the Park Committee would meet again on July 30
29, 2014 at 7:00 p.m. at City Hall. She provided comment on the car show and numerous other 31
events planned for this year’s festival. 32
33
Council Member Mueller discussed the Local Economies Committee she was serving on for the 34
League of Minnesota Cities along with the issues this group would be addressing. 35
36
Council Member Meehlhause reported Twin Cities Gateway met last week at the Mounds View 37
Community Center. He was pleased to report that member cities continued to show positive 38
increased hotel revenues over last year. He explained he had a discussion with Steve Markuson 39
(Twin Cities Gateway), the YMCA and staff about further promoting the Mounds View 40
Community Center. 41
42
Council Member Meehlhause stated he attended his first Northeast Youth and Family Services 43
meeting last week where the group discussed finances. He explained there was a shortfall in 44
mental health services. 45
Mounds View City Council July 28, 2014
Regular Meeting Page 12
1
B. Reports of Staff. 2
3
Acting City Administrator Crane provided the Council with information on the upcoming 4
election. She noted the primary would be held on August 12th with the general election held on 5
November 4th. She discussed the open Council seats and encouraged those interested in a 6
position to visit City Hall. 7
8
Finance Director Beer was pleased to report the City could now accept electronic payments for 9
utility bills. 10
11
C. Reports of City Attorney. 12
13
City Attorney Riggs reviewed his monthly status report. 14
15
Mayor Flaherty discussed a recent incident a Mounds View Police Officer had with a local pet. 16
This pet required veterinarian services and surgery. The pet owners were notified that the City 17
would cover the expense for the medical pet services. He requested the Council discuss this 18
matter and provide direction to staff. 19
20
Council Member Meehlhause stated he had little knowledge of the incident but he understood the 21
pet bit a Mounds View Police Officer and the officer responded. He believed that statements 22
were made to the pet owner that should not have been made. These statements were putting the 23
Council in a difficult position. 24
25
Council Member Hull believed this was a tragic situation and was in favor of the City paying for 26
the vet bills. 27
28
Council Member Mueller understood the medical bills for the animal exceeded $7,000. She 29
indicated she was a pet owner but did not believe she would proceed with surgery on her pet if 30
the expense was this great. She commented the entire situation was unfortunate. She further 31
discussed the actions that occurred between the Police Officer and the pet. She understood that a 32
figure of authority told the pet owner the City would cover the expense; however, she was not 33
clear how the City would find the money for this unbudgeted expense. She suggested the 34
expense be compromise and split with the pet owner. 35
36
Council Member Gunn agreed this was an unfortunate situation as the dog was behaving in an 37
aggressive amount. She commented the vet expense of $7,000 should be the maximum amount 38
offered to the pet owner and any future expense would be the responsibility of the pet owner. 39
40
Mayor Flaherty stated assurances were made to the family that the City would cover the expense 41
of the veterinarian fees. For this reason, he believed the City should cover the initial bills and 42
any after care will be the responsibility of the pet owner. 43
44
Council Member Meehlhause indicated he could agree with this recommendation. 45
Mounds View City Council July 28, 2014
Regular Meeting Page 13
1
Gerald Kluthe, 7869 Greenwood Drive, provided comment on his pet, Bandit, noting he was a 2
high priced show dog that cost his family $1,500. He reported his daughter has a number of 3
championships for showing a previous dog. He discussed the incident in further detail with the 4
Council and questioned why the Police Officer chose to shoot his dog versus using mace. It was 5
his opinion that the Community Service Officer should have handled this matter and not the 6
responding Police Officer. He recommended the police department provide its officers with 7
proper animal control. 8
9
Mrs. Kluthe provided comment on the number of homes in America that owned pets and 10
encouraged the police department to properly train its officers to handle pets. 11
12
Mayor Flaherty thanked Mr. and Mrs. Kluthe for their comments and hoped that Bandit made a 13
full recovery. 14
15
Council Member Hull asked how the police officer involved in this incident was doing. Police 16
Chief Kinney explained the officer has recovered but did sustain a bite. He apologized to the 17
Kluthe family for the incident but explained the officer acted in a manner to protect himself. 18
19
Council Member Mueller was pleased that the officer had recovered. 20
21
MOTION/SECOND: Mueller/Gunn. To Approve Payment of the Veterinarian Bills in an 22
Amount not to exceed $7,000 to the Kluthe Family. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
12. Next Council Work Session: Monday, August 4, 2014, at 7:00 p.m. 27
Next Council Meeting: Monday, August 11, 2014, at 7:00 p.m. 28
29
13. ADJOURNMENT 30
31
The meeting was adjourned at 10:40 p.m. 32
33
Transcribed by: 34
35
Heidi Guenther 36
TimeSaver Off Site Secretarial, Inc. 37
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
August 11, 2014 6
Mounds View City Hall 7
2401 County Road 10, Mounds View, MN 55112 8
7:01 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, August 11, 2014, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 11, 2014, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Mike Reed, 2208 Louis Drive, explained he had cut down some trees in his yard recently. He 30
received a complaint from his neighbors regarding the brush left in the grass. He questioned how 31
perfect his yard had to be in order for him not to be harassed by his neighbors. 32
33
Mayor Flaherty stated there was a situation within his neighborhood. He understood that Mr. 34
Reed took care of his yard and believed that the Code Enforcement Officer was simply reacting 35
to a request. 36
37
6. SPECIAL ORDER OF BUSINESS 38
A. Proclamation – Constitution Week. 39
40
Mayor Flaherty read a proclamation in full declaring September 17-23, 2014 to be Constitution 41
Week in the City of Mounds View. 42
43
7. COUNCIL BUSINESS 44
A. Review Developer’s Agreement for Longview Estates. 45
Mounds View City Council August 11, 2014
Regular Meeting Page 2
1
Planning Associate Heller stated at the July 28th Council meeting the Council approved a 2
Developer’s Agreement for Longview Estates. Since that time, Mr. Harstad has requested 3
several changes to the required financial guarantees. She reviewed the various guarantees within 4
the agreement stating Mr. Harstad has agreed to provide the City with $50,000 for the streets and 5
$5,000 for the other guarantee. Staff supported the proposed revisions and recommended the 6
Council approve the revised Developer’s Agreement for Longview Estates. 7
8
Council Member Hull asked if the $5,000 guarantee would cover the expense of the developer 9
not completing the grading on the site. Planning Associate Heller explained this was the case 10
and indicated Mr. Harstad had an additional guarantee in the amount of $25,000 with the Rice 11
Creek Watershed to cover all water and drainage issues. 12
13
Council Member Mueller questioned if the City would have a developer’s agreement with the 14
builders hired to construct the homes on the Longview Estate lots. Planning Associate Heller 15
stated this had not been the practice of the City. 16
17
Mr. Harstad discussed the grading process that has been taking place and stated no holes would 18
be left open. 19
20
Mayor Flaherty recommended the site restoration guarantee be increased to $10,000 to cover any 21
unforeseen expenses the City may incur. In addition, he believed that the street restoration 22
guarantee should cover the expense of the entire roadway, curb and gutters being brought back to 23
its current condition with no patches. 24
25
Mr. Harstad did not believe that this was a fair standard to hold him to. He discussed an infrared 26
process that was being proposed to remove the scuff marks currently on the roadway. 27
28
Mayor Flaherty wanted to be sure that Longview would be brought back to its current condition 29
after this development was completed given the fact the roadway was like new. 30
31
Public Works Director DeBar stated it was not the practice of the City for developers to replace 32
an entire block, but noted the roadway was jointed every 30 feet. He believed it would be 33
reasonable for the developer to go from joint to joint if a section was damaged. 34
35
Mayor Flaherty asked if Mr. Harstad was willing to agree to the 30 foot section. Mr. Harstad 36
respectfully understood the position of the City but had a hard time understanding why he was 37
being held to a higher standard regarding the replacement of a roadway. He reported that he has 38
paid taxes and assessments to the City of Mounds View for his property. 39
40
Council Member Hull asked if a resident with a sewer problem was responsible for replacing the 41
street from joint to joint. Public Works Director DeBar stated the City tried to replace the asphalt 42
from joint to joint and the centerline as much as possible for sewer or watermain repairs, 43
however this depended on where the repair was needed. He explained that the infrared process 44
proposed by Mr. Harstad was an acceptable method of asphalt repair. He believed the Council’s 45
Mounds View City Council August 11, 2014
Regular Meeting Page 3
request was reasonable. 1
2
Mr. Harstad agreed to the Council’s request and gave the Council his word that he would return 3
the road to its current condition. 4
5
Mayor Flaherty appreciated Mr. Harstad’s agreement. He asked staff if the $50,000 street 6
guarantee would cover the City’s expense to replace the roadway in a worst case scenario 7
situation. 8
9
Public Works Director DeBar believed $50,000 would cover the restoration of the roadway. 10
11
MOTION/SECOND: Mueller/Meehlhause. To Approve the Amended Developer’s Agreement 12
for Longview Estates, reducing the street letter of credit to $50,000 and reducing the site 13
restoration surety to $5,000. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
Mr. Harstad discussed the trucks that were being used for the excavation process. He requested 18
that the Council support the use of belly dumpers for the back hauling of black dirt. He 19
explained this would be a cleaner option for the City, the neighborhood and its streets. 20
21
Council Member Gunn supported this request due to the fact it would preserve the street 22
cleanliness. 23
24
Council Member Mueller stated if Mr. Harstad found that slop would have to be removed from 25
the site, that he inform the City and that belly dumpers be used only for this portion of the 26
project. She questioned how long the excavation project would take. 27
28
Mr. Harstad stated that was his intention and was hoping to have all trucks off the street before 29
school begins in September. 30
31
Council Member Mueller asked how long the boulder wall would take to complete. Mr. Harstad 32
estimated that the boulder wall would take a week to complete. 33
34
Council Member Mueller supported the use of belly dumper trucks for the excavation project. 35
36
Council Member Hull and Council Member Meehlhause agreed. 37
38
Mayor Flaherty supported this as well. 39
40
B. First Reading of Ordinance 890, Amending Section 701.04, Subd. 8a of the 41
Mounds View City Code, Revising Kennel Licensing Requirements. 42
43
City Administrator Ericson stated that the Council has discussed the kennel licensing 44
requirements in work session. He reviewed the City’s current requirements noting an individual 45
Mounds View City Council August 11, 2014
Regular Meeting Page 4
seeking a kennel license to have three or four dogs would have to receive signatures of support 1
from 50% of his/her neighbors within 500 feet of the home. He stated this was sometimes 2
problematic for homeowners. For this reason, staff was recommending an individual be required 3
to have a public hearing instead. This would allow the final decision to rest with the City 4
Council and not the applicant’s neighbors. He noted the kennel licensing fee would be adjusted 5
to cover the expense of publicizing a public hearing. Staff discussed the proposed amendments 6
and recommended the Council introduce the Ordinance. 7
8
Council Member Meehlhause believed this was a fair approach and supported the proposed 9
Ordinance amendments. 10
11
Council Member Mueller supported the Ordinance. 12
13
MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce 14
Ordinance 890, Amending Section 701.04, Subd. 8a of the Mounds View City Code, Revising 15
Kennel Licensing Requirements. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
C. Resolution 8288, Calling a Public Hearing on the Issuance of a Revenue Note 20
and Providing Preliminary Approval to the Proposed Issuance of the 21
Revenue Note. 22
23
Finance Director Beer requested the Council call a Public Hearing for the issuance of a revenue 24
note for a project in the City of Minneapolis and provide preliminary approval for the proposed 25
issuance of the revenue note. He discussed the City’s portion of the project noting Mounds View 26
would be pledging $4 million. It was noted all costs associated with the bonds would be paid by 27
the borrower. Staff noted the City would be paid 1% for managing the bonds. 28
29
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8288, 30
Calling a Public Hearing on the Issuance of a Revenue Note and Providing Preliminary Approval 31
to the Proposed Issuance of the Revenue Note. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
D. Resolution 8289, Approving a Construction Contract with Allied Blacktop 36
Company for the 2014 Trails & Parking Lot Pavement Maintenance Project. 37
38
Project Coordinator Stenglein stated the City has a pavement maintenance program, which 39
includes trails and parking lots. He discussed the recent bidding process for the 2014 trails and 40
parking lot pavement project and indicated Allied Blacktop submitted the only bid in the amount 41
of $23,630, which was within the City’s budget for this project. He requested the Council 42
approve a construction contract with Allied Blacktop Company for the 2014 Trails & Parking Lot 43
Pavement Maintenance Project. 44
45
Mounds View City Council August 11, 2014
Regular Meeting Page 5
Council Member Meehlhause asked if the City had any experience with Allied Blacktop. Project 1
Coordinator Stenglein believed that both Public Works Director DeBar and Public Works 2
Supervisor Peterson had worked with Allied Blacktop in the past. 3
4
Council Member Mueller requested that contractor avoid working on any trails near Festival in 5
the Park August 16th. 6
7
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8289, 8
Approving a Construction Contract with Allied Blacktop Company for the 2014 Trails & Parking 9
Lot Pavement Maintenance Project. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
8. CONSENT AGENDA 14
15
Council Member Meehlhause asked to remove Item 8A. 16
17
A. Resolution 8290, Approving Blake Downes to the Streets and Utilities 18
Committee. 19
B. Schedule a Public Hearing for Monday, September 8, 2014, at 7:00 p.m. to 20
Approve the 2015 Fee Schedule. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as amended. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
A. Resolution 8290, Approving Blake Downes to the Streets and Utilities 27
Committee. 28
29
Council Member Meehlhause thanked Mr. Downes for volunteering to serve on the Streets and 30
Utilities Committee. He complimented Mr. Downes on the thorough responses provided on his 31
application. 32
33
MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 8290, 34
Approving Blake Downes to the Streets and Utilities Committee. 35
36
Council Member Mueller explained that Mr. Downes was her neighbor and found him to be an 37
extremely intelligent individual. She was thrilled that he came forward to volunteer for this 38
position. She commented that the Streets and Utilities Committee still had one opening if a 39
resident was interested in serving the community in this capacity. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
9. JUST AND CORRECT CLAIMS 44
45
Mounds View City Council August 11, 2014
Regular Meeting Page 6
Finance Director Beer answered the Council's questions related to claims. 1
2
MOTION/SECOND: Mueller/Meehlhause. To Approve the Just and Correct Claims as 3
presented. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
10. APPROVAL OF MINUTES 8
9
None. 10
11
11. REPORTS 12
A. Reports of Mayor and Council. 13
14
Council Member Mueller announced Saturday, August 16th was Festival in the Park. She 15
reviewed the schedule of events planned for the day and invited all to attend this family friendly 16
event. 17
18
Council Member Meehlhause explained he would be attending a Northeast Youth and Family 19
Services staff and board member picnic on Friday, August 22nd. 20
21
Council Member Gunn provided comment on the events she attended for National Night Out. 22
She explained she discussed potential volunteer opportunities with members attending the 23
events. 24
25
Mayor Flaherty believed that National Night Out was a huge success noting he attended seven 26
events with the Chief of Police. He stated a resident asked him if the Council would consider a 27
skate park. The Council agreed to discuss this further at a future worksession meeting. 28
29
Council Member Gunn requested the Council consider adding a splash pad to Mounds View as 30
well. 31
32
Mayor Flaherty was in favor of updating the City’s website. He requested staff to investigate the 33
expense of completing the trail segment near the library. 34
35
Mayor Flaherty commented he attended a meeting of the North Suburban Cable Commission 36
with City Administrator Ericson. He explained the joint powers agreement was discussed, along 37
with City representation. The group decided to allow cities to select their representative and not 38
require that the Mayor or Council Member attend. He reported that the Cable Commission was 39
considering its upcoming budget with the understanding that PEG fees were going to be reduced. 40
41
Council Member Mueller thanked the community and Police Department for their show of 42
support after the tragic passing of Officer Patrick. 43
44
B. Reports of Staff. 45
Mounds View City Council August 11, 2014
Regular Meeting Page 7
1. Finance Quarterly Report. 1
2
Finance Director Beer reviewed the second quarter finance report in detail with the Council. He 3
noted revenues were trending ahead of 2013, along with interest earnings while most 4
departments were under budget. He explained that staff would be preparing the 2015 budget in 5
the third and fourth quarter. He provided staff with insurance information on the City’s water 6
lines. He stated he would be recommending the water line insurance fee go from $6.00 to $7.50 7
per quarter in 2015. 8
9
Finance Director Beer discussed a recent Finance Officers meeting he attended at Ramsey 10
County and provided comment on how market values would be shifting in the coming year. He 11
was pleased to report that residential properties were steadily on the rise. 12
13
Council Member Mueller thanked staff for the finance information presented. 14
15
City Administrator Ericson reported the City applied for the MAVA grant. He noted he would 16
be meeting with officials from Bethlehem Baptist Church to discuss options for their second half 17
donation. He stated Tim Roche with the Chamber of Commerce would be moving on to another 18
position and wished him well. The Chamber was going through a search process. 19
20
City Administrator Ericson stated the Apple Tree Dental facility was open for business. He 21
indicated Apple Tree has invited the City to attend a ribbon cutting ceremony on Wednesday, 22
August 27th at 4:30 p.m. 23
24
City Administrator Ericson invited the public to participate in the primary election on August 25
12th. 26
27
C. Reports of City Attorney. 28
29
There was nothing additional to report. 30
31
12. Next Council Work Session: TUESDAY, September 2, 2014, at 7:00 p.m. 32
Next Council Meeting: Monday, August 25, 2014, at 7:00 p.m. 33
34
13. ADJOURNMENT 35
36
The meeting was adjourned at 8:58 p.m. 37
38
Transcribed by: 39
40
Heidi Guenther 41
TimeSaver Off Site Secretarial, Inc. 42
450105v1 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: September 18, 2014
To: James Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
CITY:
MU125-11: Administration. General discussions with staff regarding various City matters.
Research regarding unwanted newspaper circulars; follow-up with City staff. Review
joint powers agreement for the Ramsey County Geographic Information Systems
Users Group. 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.
MU125-65: Licensing Matters. Review and revise tobacco license and synthetic drug ordinances.
Consult with City staff regarding same. Consult with City regarding tobacco license
violations. Matters are presently pending.
MU210-4: Charter Commission. Legal research regarding quorum requirements. Draft
memorandum regarding same and forward to City staff. Consult with City staff.
Matter is presently pending.
MU210-54: City Code Updates. Review correspondence from City staff. Consult with City staff.
Correct typographical error and forward updated section to City staff. Matter is
presently pending.
MU210-76: Harstad/Longview Estates. Consult with City staff regarding subdivision and
development of project. Finalize and forward plat opinion to City staff. Matter is
presently pending.
&
James Ericson
September 18, 2014
Page 2
450105v1 SJR MU125-11
MU210-107: Telecommunication and Franchise Matters. Review ongoing correspondence
regarding cable television franchise (Comcast). Consult with City staff regarding
same. Forward amateur radio antenna information to City staff. Matter is presently
pending.
MU210-111: Personnel Matters. Consult with City staff regarding FMLA, ADA and workers’
compensation issues. Matter is presently pending.
MU210-206: 8379 Red Oak Drive. Review reports and consult with City staff regarding possible
Code enforcement of conditions at property. Matter is presently pending.
MU210-220: DVS Investigation. Review new documentation and reports and consult with City
staff regarding same. Consult with investigator. 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.
MU210-231: Major Subdivision of 8211 Red Oak Drive. Review documentation and consult with
City staff. Finalize plat opinion and forward to City staff. Matter is presently
pending.
MU210-232: 2014 Investigation. Consult with City staff regarding dog attack incident. Matter is
presently pending.
MU210-233: TCAAP Sanitary Sewer Matter. Consult with City staff regarding same. Attend
meeting with City staff and other interested parties. Matter is presently pending.
MU210-234: BioLife Matter. Consult with City staff regarding project. Review documentation
and begin drafting plat opinion. Matter is presently pending.
EDA:
MU205-45: 2665 Ardan Avenue. Order and review title work. Begin drafting purchase
agreement. Consult with City staff regarding project. Matter is presently pending.
SJR:jms
ORDINANCE NO. 889
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 512 OF THE CITY CODE BY ADDING
TOBACCO LICENSE CONDITIONS WITHIN THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends its City Code to
add conditions to licenses for the sales of tobacco, tobacco related devices and products, and
electronic delivery devices in the City of Mounds View.
SECTION 2. The City Council of the City of Mounds View hereby amends Section 512.03 of
Chapter 512 of the Mounds View City Code by adding the following new subdivision:
Subd. 15. Each license issued under this article is subject to all of the following conditions:
a. The licensee must post signs in visible locations that prohibit loitering inside or near the front
entrance of the retail establishment.
b. The licensee must fully light the interior of the retail establishment during business hours such
that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly.
c. The sales counter, store entrance, and interior of the retail establishment shall be visually
recorded with a videotape or similar device at a quality level that allows the visual identification
of patrons and employees. The recordings shall be maintained and made available to the police
for thirty calendar days before being reused.
d. The licensee must post a sign at the front entrance that prohibits selling tobacco related
products to minors.
e. The licensee must fully cooperate with representatives from the City of Mounds View when
present at the retail establishment for City business purposes.
f. The licensee must maintain clean and clear front and rear entrances of the retail establishment.
g. The licensee must not make sales of items commonly used by drug users and drug dealers,
including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and
small bags.
h. The licensee may not supply matches to non-purchasing customers.
i. Each day of business, the licensee must inspect the entrances of the retail establishment for
litter and properly dispose of such litter.
Ordinance 889
Page 2
446217v1 MJM MU125-65
2
j. The licensee must promptly remove any graffiti on the exterior of the retail establishment.
SECTION 3. The City Council of the City of Mounds View hereby amends Section 512.05 of
Chapter 512 of the Mounds View City Code by adding the following underlined addition:
Subd. 1. Grounds for den ying the issuance or renewal of a license under this
chapter include but are not limited to the following:
a. The applicant is under the age of 18 years.
b. The applicant has been convicted within the past five years of an y violation of
a federal, state, or local law, ordinance provision, or other regulation relating to
tobacco, tobacco products, tobacco-related devices, or electronic delivery devices.
c. The applicant has had a license to sell tobacco, tobacco products, tobacco-
related devices, or electronic delivery devices revoked within the preceding 12
months of the date of application.
d. The applicant fails to provide any information required on the application,
or provides false or misleading information.
e. The applicant is prohibited by federal, state, or other local law, ordinance, or
other regulation from holding a license.
f. The applicant is not of good moral character.
SECTION 4. 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 28, 2014, the City Council adopted Ordinance 889 by amending Chapter 512 of
the Mounds View City Code to add a basis of denial and conditions on licenses for the
sales of tobacco, tobacco related devices and products, and electronic delivery devices in
the City of Mounds View.
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 5. This ordinance shall take effect and be in force 30 days from and after its passage
and publication, in accordance with Section 3.09 of the City Charter.
Ordinance 889
Page 3
446217v1 MJM MU125-65
3
Introduction and First Reading by the Mounds View City Council on September 22, 2014.
Second Reading and Adoption by the Mounds View City Council on October 13, 2014.
Publication Date: October 23, 2014.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Administrator
(seal)