HomeMy WebLinkAboutAgenda Packets - 2010/09/27CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 27, 2010
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
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. Proclamation – 2010 Fire Prevention Week
B. Oath of Office – Swearing in ceremony for Police Chief Thomas Kinney
7. COUNCIL BUSINESS
A. Resolution 7675 Approving a Non-Standard Street Design for Pinewood Court
Reconstruction
B. Introduction and First Reading of Ordinance 847, an Ordinance Amending Chapter
1008 of the Mounds View City Code about Signs
C. Second Reading and Adoption of Ordinance 851, an Ordinance Amending
Chapters 502 and 503 of the Mounds View City Code about the Sale of Intoxicating
Liquor on Sundays (ROLL CALL VOTE)
D. First Reading and Introduction of Ordinance 854, an Ordinance Amending Chapter
515 of the Mounds View City Code about the Licensing of Tattoo and Body Art
Establishments
E. First Reading and Introduction of Ordinance 852, an Ordinance Adopting
Recreational Fire Regulations
F. Resolution 7674, Authorizing Step Increase for Don Peterson, Public Works
Supervisor
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, October 11, 2010, at 7:05pm, a Resolution to
Consider a Transfer of Ownership Approval for an Off-Sale 3.2 Malt Liquor License
at SuperAmerica, located at 2640 County Road I
C. Resolution 7676 Authorizing Repair to the Main Impeller of the Street Sweeper
City Council Agenda
Monday, September 27, 2010
Page 2
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. August 23, 2010, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Police Department Quarterly Report
C. Reports of City Attorney
12. Next Council Work Session: Monday, October 4, 2010, at 7 p.m.
Next Council Meeting: Monday, October 11, 2010, at 7 p.m.
13. ADJOURNMENT
MOUNDS VIEW
POLICE CHIEF
Oath of Office
I, Nathaniel Harder, do solemnly swear, to support the Constitution
of the United States, and of this state, and to discharge faithfully
the duties of the office of Chief of Police within and for the City of
Mounds View, in the County of Ramsey, and State of Minnesota,
according to the best of my judgment and ability.
Adopted this 16th day of August, 2016.
_____________________________
Nathaniel Harder, Chief of Police
ATTEST:
_____________________________
James Ericson, City Administrator
(seal)
Item Number: _7B_
Meeting Date: September 27, 2010
Type of Business: Action
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Introduction and First Reading of Ordinance 847, Amending
City Code Chapter 1008 about Signs
Date: September 27, 2010
Introduction:
At the August and September Council Work sessions, possible changes to the sign code,
specifically regarding temporary signage were discussed after the owner of Moe’s
Restaurant approached the Council about allowing businesses to use banners more often.
Staff brought several possible code changes to the September work session for the Council
to review. The City Council was supportive of the suggested changes, so staff has drafted
an ordinance to amend the sign code. There also are changes for campaign signs in this
ordinance due to the date change of the state primary.
Discussion:
The proposed changes to the sign code address many things. Some of the changes are to
remove some sign regulations that are hard to enforce, give businesses another temporary
sign permit period, and allow some small signs without permits. The idea to create an
annual permit for banners was liked by the Council, but then a business could potentially
have banners up all the time. As an alternative to an annual permit, staff suggested allowing
an extra temporary sign period for banners only instead. Staff has included language in the
ordinance for an additional permit period only, but if the Council prefers having the annual
permit for banners, staff would make that change in the ordinance.
Campaign Signs:
On March 3, 2010, Governor Pawlenty signed a bill into law (Chapter 184) that moved the
State primary to the second Tuesday in August (August 10 this year). Previously, the State
held the primary on the first Tuesday after the second Monday in September. This law also
changed the state regulations about the dates for the posting of noncommercial signs for the
state primary and general election. Because of the state law change, City staff is
recommending that the City amend the City Code about campaign signs to ensure that the
City Code is consistent with State law.
The City’s existing sign ordinance allows campaign signs to be displayed from the last day
of candidacy filing or thirty days before and election, whichever is earlier. The current code
also requires the removal of campaign signs no later than five days after an election.
Unfortunately, these City Code provisions are not consistent with the requirements adopted
by the State earlier this year.
Sign Code Amendments Report
September 27, 2010
Page 2
State Statute (Section 211B.045) now requires that all cities, whether or not the city has an
ordinance that regulates the size or number of noncommercial (campaign) signs, to allow
these signs to be posted from 46 days before the state primary in a state general election
year until ten days following the state general election. This means that during the state
general election years the City must allow campaign signs to be posted 46 days before the
primary election (June 25 in 2010) rather than based on the last day of candidacy filing or
thirty days before an election as now set in the City Code.
Recommendation:
Approve the introduction and first reading of Ordinance 847. This is an ordinance that
makes revisions to the City sign code - particularly to temporary sign regulations. It also
updates the current City campaign sign regulations (Section 1008.10) to make them
consistent with State law.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Proposed Ordinance 847
ORDINANCE NO. 847
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVAL OF AMENDMENTS TO CHAPTER 1008 OF THE MOUNDS VIEW CITY
CODE ABOUT SIGNS
The City of Mounds View ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1008 of the Mounds View City Code pertaining to “Signs” by deleting the stricken
language and adding the underlined text as follows:
1008.03: PERMITS REQUIRED; EXCEPTIONS: (Ord. 679, 5-29-01; Ord. 816, 1-22-09)
Subd. 2. Exceptions: Permits need not be obtained for any sign less than or equal to eight (8) square
feet in area (excluding temporary signs), or for the specific signs addressed below, provided all
other requirements of this Section and Chapter are satisfied: (Ord. 679, 5-29-01; Ord. 816, 1-
22-09)
a. A sign pertaining only to the sale, rental or lease of the premises upon which displayed.
(Ord. 679, 5-29-01)
b. A sign on residential property stating only the name or identity of the occupant. (Ord. 679,
5-29-01)
c. Construction sign or sign belonging to a contractor performing work upon a property. Such
sign shall be removed immediately upon completion of the work. (Ord. 679, 5-29-01)
d. A campaign sign as provided for in Section 1008.10, Subdivision 7 of this Chapter. (1988
Code §39.03; 1993 Code; Ord. 607, 5-11-98) (Ord. 679, 5-29-01)
e. Home occupation signs and incidental residential signs. (Ord. 679, 5-29-01)
f. National, state, regional, local, institutional or cultural flags. (Ord. 679, 5-29-01; Ord. 769, 5-
8-06)
g. Advertising on a transit bench or within a transit shelter or enclosure. (Ord. 679, 5-29-01)
h. Official notices authorized by a court, public body or public safety official. (Ord. 679,
5-29-01)
i. Government signs. All governmental signs, including but not limited to traffic control and
other regulatory purpose signs, street signs, identification signs, informational signs, danger
signs and signs for official city events.
Page 2
j. Flag or pennant stringers.
k. Sandwich boards not exceeding eight (8) square feet and ground signs not exceeding four
(4) square feet that are located within fifteen feet (15’) of business advertised on sign.
l. Noncommercial sign. For all types of property, the City allows one sign that expresses an
opinion or a viewpoint of a non-commercial nature. The noncommercial sign shall not be
illuminated or exceed nine (9) square feet. For multiple unit residential properties, the sign
must be attached to the dwelling unit or placed in a location that clearly indicates ownership
and does not represent the opinions of other residents in the area who have not agreed to the
sign.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1008 of the Mounds View City Code pertaining to “Signs” by deleting the stricken
language and adding the underlined text as follows:
1008.05: PERMIT FEES; WAIVER: (Ord. 679, 5-29-01)
Subd. 1. Fee: The application for a permit shall be accompanied by the required permit fee. The
permit fee shall be established by resolution of the City Council. The City shall charge a
double fee if a sign is erected without first obtaining a permit for such sign. (1988 Code
§39.10)
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1008 of the Mounds View City Code pertaining to “Signs” by deleting the stricken
language and adding the underlined text as follows:
1008.081: SIGN MAINTENANCE, REPAIR, PERMITS AND INSPECTIONS: (Added,
Ord. 816, 1-22-09)
Subd. 9. Impoundment of Signs on Public Property or Within Public Right-of-way: The City
Administrator or their designee may, at any time and without notice, remove and impound
signs that have been installed on public property, within a public right-of-way, or within a
public easement that are in violation of this Chapter. The sign owner or their agent may
retrieve an impounded sign subject to the following rules:
a. Any impounded sign may be retrieved from the impound area within five (5) business days
of the impoundment or the City Administrator or their designee may dispose of it. The
impound area can be located by contacting City Hall. Any cost incurred by the City for
disposal of an impounded sign may be assessed to the sign owner or the sign owner’s agent.
b. The City shall have no obligation to notify a property owner or sign owner or their agent
that it has impounded a sign.
c. The City shall not be held liable for any damage to an impounded sign.
Page 3
SECTION 4. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1008 of the Mounds View City Code pertaining to “Signs” by deleting the
stricken language and adding the underlined text as follows:
1008.09: GENERAL LOCATION, DESIGN AND CONSTRUCTION STANDARDS:
(Ord. 679, 5-29-01)
Subd. 2. Signs Allowed by District: The following table represents the allowable signage and area
requirements (in square feet) by zoning district:
Sign Type R-1 R-2 R-3 R-4 R-5 B-1 B-2 B-3 B-4 I-1 CR
P
PU
D
Ground No No 32 32 32 200 200 200 200 100 *
Wall No No 64 64 No 100 100 100 100 100 *
Projection No No No No No
100
8 24 24 24 No *
Window No No No No No Yes Yes Yes Yes No No *
Identification 2 2 2 2 2 4 4 8 8 8 4 *
Temporary Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Real Estate 10 10 32 32 10 32 32 32 32 64 32 32
Home
Occupation 1 1 No No 1 No No No No No No No
Campaign Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Billboards No No No No No No No No No No No No
Directional No*
*
No*
* 4 4 4 4 4 8 8 8 8 8
Construction 8 8 8 8 8 32 32 32 32 32 32 32
Incidental 1 1 1 1 1 1 1 1 1 1 1 1
Noncommercial 9 9 9 9 9 9 9 9 9 9 9 9
Subd. 4. Temporary Signs: All temporary signs shall comply with the provisions of this Section and
with this Chapter. The following general and specific standards shall be observed for all types
of temporary and portable signs: (Ord. 679, 5-29-01; Ord. 816, 1-22-09)
a. General Provisions:
(1) Except as provided herein, no temporary sign shall be located on any property in
the City without first obtaining a permit from the City. If the City determines to approve a
permit for any such temporary sign it may impose conditions upon the granting thereof, and it
shall be unlawful to locate or maintain any such sign for a longer period or in a different
manner than that specified in the permit. No permit for a temporary sign shall be issued if
prohibited by other provisions of this Code. (Ord. 679, 5-29-01)
(2) Temporary signs shall not be hung or installed to cover, either partially or
completely, any door, window or opening required for ventilation. (Ord. 679, 5-29-01; Ord.
816, 1-22-09)
Page 4
(3) No temporary sign for which a permit is required shall be located on any property
in the City for more than twenty one (21) days at one time or for more than four (4) three (3)
twenty one (21) day periods in any calendar year. A fifth (5th) temporary sign permit is allowed
for a banner only. Permit periods may run consecutively without interruption if so approved.
Except as provided in Subdivision 4g of this Section, only one (1) temporary sign shall be
allowed on a property at a time. (Ord. 679, 5-29-01)
(4) The City prohibits temporary signs with blinking, flashing or fluttering lights or
with dynamic displays. (Added, Ord. 816, 1-22-09)
b. Banners:
(1) Banners shall be strongly constructed and shall be securely attached to their
supports. They shall be repaired or removed (including all framework and supports) as soon as
damaged or torn and immediately upon expiration of the permit. (Ord. 679, 5-29-01)
(2) Banners shall not exceed 120 square feet or twenty percent (20%) of the surface
area of the building face or front upon which the banner is attached, whichever is less. (Ord.
679, 5-29-01)
c. Beacons:
(1) Beacons and searchlights may be allowed on a restricted basis with a City permit,
written permission from the Metropolitan Airports Commission or other appropriate agency,
and City Council authorization. (Ord. 679, 5-29-01)
(2) No beacon or searchlight shall become a public nuisance or shall disturb the peace,
safety, comfort and well-being of motorists and residents. (Ord. 679, 5-29-01)
d. Changeable Copy Signs:
(1) Portable and temporary changeable copy signs shall not exceed forty eight (48)
square feet on each side and the entirety of the sign copy shall be maintained within the forty
eight (48) square foot area. (Ord. 679, 5-29-01)
(2) No part of such sign shall extend into or encroach onto public right-of-way. (Ord.
679, 5-29-01)
(3) Such sign shall not obscure motorist or pedestrian vision and shall not block or
otherwise interfere with a public or private sidewalk or trailway. (Ord. 679, 5-29-01)
(4) Such sign may be lighted provided said lighting is not a nuisance to motorists or to
adjoining properties. Flashing lights, strobe lights or lights which could be confused for that of
an emergency vehicle shall be prohibited. (Ord. 679, 5-29-01)
e. Inflatable Signs: (Amended, Ord. 816, 1-22-09)
(1) Inflatable signs and devices shall be securely tethered and attached to the ground.
(Ord. 679, 5-29-01; Ord. 816, 1-22-09)
(2) The City prohibits the installation or placement of inflatable signs and devices or
balloons on building roofs. (Ord. 679, 5-29-01; Ord. 816, 1-22-09)
Page 5
(3) Balloons less than two (2) feet in diameter are excluded from the permit provisions
of this Section. (Ord. 679, 5-29-01)
(4) No Mylar or metallic balloons shall be permitted to be displayed or flown outside.
(Ord. 679, 5-29-01)
f. Flag or Pennant Stringers: Individual flags, streamers or pennants shall not exceed one (1)
square foot in area. (Ord. 679, 5-29-01)
g. Grand Openings and Other Events: Subject to all other requirements of this subdivision and
Chapter, a permit may be issued for a grand opening or other special event that would utilize a
combination of temporary signs at any one (1) principal location. No more than one (1) special
event permit shall be allowed per business in a calendar year. (Ord. 679, 5-29-01; Ord. 816, 1-
22-09)
Subd. 5. Window Signs: In the interest of public safety, the City requires that commercial or retail
businesses operating in the B-1, B-2, B-3 or B-4 zoning districts meet the following regulations
and requirements governing signs placed upon window interiors. (Ord. 679, 5-29-01; Ord. 816,
1-22-09)
a. No business shall obscure more than twenty five percent (25%) fifty percent (50%) of any
window section or pane. (Ord. 679, 5-29-01)
b. Such window signage shall not obscure or block from view that area of a window or door
between four feet (4') and seven feet (7') from the interior floor level, unless such area does not
offer any visibility to interior public space. (Ord. 679, 5-29-01)
c. Window signs as allowed herein affixed or adhered within the building interior shall be
exempt from any permit requirements. (Ord. 679, 5-29-01)
d. A temporary sign permit shall be required of any window sign affixed to the exterior of any
window surface. Such sign shall otherwise comply with the requirements of this subdivision
and Chapter. (Ord. 679, 5-29-01; Ord. 816, 1-22-09)
Subd. 7. Campaign Signs: Subject to Minnesota Statutes, the following regulations shall apply to all
campaign signs for political candidates or issues: (Ord. 679, 5-29-01)
a. No more than one (1) sign shall be erected per candidate or issue along each street frontage
of any parcel of land. Campaign signs shall not be allowed on public property. (Ord. 679, 5-
29-01)
b. Campaign signs shall not exceed twelve (12) square feet and not exceed four feet (4') in
height above the ground; except, where such signs are located no closer than one hundred fifty
feet (150') to the property line of a residential dwelling, the maximum size shall be thirty two
(32) square feet, and the maximum height above the ground shall be six feet (6'). (Ord. 679, 5-
29-01)
Page 6
c. For local regular elections and referendums, campaign signs may be posted from forty-six
days before the local general election or referendum until ten (10) days following the election
or referendum.
d. For local special elections and referendums, campaign signs may be posted from the date of
filing until ten (10) days following the special election or referendum.
c. Campaign signs may be displayed from the last day of candidacy filing or thirty (30) days
before an election, whichever is earlier. (Ord. 679, 5-29-01)
e. d. All campaign signs must be removed no later than ten (10) five (5) days after an election;
except, that after a primary election, signs for the winning primary candidates need not be
removed until after the ensuing general election. (1988 Code §39.14; 1993 Code) (Ord. 679, 5-
29-01)
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1008 of the Mounds View City Code pertaining to “Signs” by deleting the stricken
language and adding the underlined text as follows:
1008.12: PROHIBITED SIGNS: The following signs and sign types are prohibited in the City
of Mounds View: (Ord. 679, 5-29-01)
Subd. 1. Flashing signs. (Ord. 679, 5-29-01; Ord. 816, 1-22-9)
Subd. 2. Signs, or lights attached to signs, which mimic or have an appearance similar to those on an
emergency vehicle or a traffic control light. (Ord. 679, 5-29-01)
Subd. 3. Roof signs, unless integrally incorporated into the roof design, then such sign shall be
considered a wall sign. (Ord. 679, 5-29-01; Ord. 769, 5-8-06)
Subd. 4. Temporary or permanent signs posted within public right-of-ways, excluding directional signs
and signs expressly allowed herein and by other governmental agencies. (Ord. 679, 5-29-01;
Ord. 769, 5-8-06)
Subd. 5. Vehicles Used as Signs: Vehicles or trailers that display advertising and are parked in such a
way as to attract public attention shall be prohibited, except for signs on vehicles or trailers
which are magnetic, decals or permanently painted upon the surface of the vehicle without
obscuring any vehicle window area. Such sign shall not alter the profile or silhouette of the
vehicle. (Ord. 679, 5-29-01)
Subd. 6. Nuisance Signs: Any sign considered a nuisance as defined herein shall be prohibited. The
property owner of the land upon which the sign is located or the owner of the sign shall act to
remove the sign or bring the sign into compliance upon notification of the City Inspector. (Ord.
679, 5-29-01)
Subd. 7. Signs that have blinking, flashing or fluttering lights. (Added, Ord. 801, 1-7-08; Ord. 816, 1-
22-09)
Page 7
Subd. 8. Billboards, except as otherwise provided in this Chapter or Code. (Added, Ord. 801, 1-7-08;
Ord. 816, 1-22-09)
Subd. 9. Beacons and Searchlights.
SECTION 6. In accordance with Section 3.07 of the City Charter, the following summary
shall be printed in the official City newspaper in lieu of the complete ordinance:
On October 11, 2010, the City Council adopted Ordinance 847, that amended
Chapter 1008 of the Mounds View City Code about signs, particularly.to the
regulations for temporary signs and campaign signs. A printed copy of the
ordinance is available for inspection during regular business hours at the Mounds
View City Hall.
SECTION 7. This ordinance takes effect 30 days after its publication in the official City
newspaper.
INTRODUCTION AND FIRST READING by the Mounds View City Council this 27th day of
September, 2010.
PUBLIC HEARING, SECOND READING AND ADOPTION by the Mounds View City
Council this 11th day of October, 2010.
PUBLICATION DATE: October 21, 2010
_______________________________________
Joe Flaherty, Mayor
ATTEST
_______________________________________
James Ericson, City Administrator
(SEAL)
Item No: 07H
Item No. 7H
Meeting Date: Sept 27, 2010
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 851 an
Ordinance Amending Chapters 502 and 503 Relating to
Liquor Sales on Sundays (ROLL CALL VOTE)
Introduction:
The City Council adopted Ordinance 843 earlier this year on May 10, 2010. The ordinance
made numerous changes to both Chapter 502 and 503 regulating liquor sales in the City of
Mounds View.
Discussion:
One of the changes in Ordinance 843 addressed liquor sales on Sundays. The City Council
deleted reference to an additional license that could be obtained by establishments to
provide for sales of alcohol from 10:00 am to noon on Sundays. It was staff’s
understanding that no licensed entity served alcohol during this time, since no
establishment had ever requested the additional license.
It has since come to our attention that both Mermaid and Moe’s have a history of serving
alcohol on Sundays before noon, usually in conjunction with a brunch or some other food
service. Neither owner was aware that a separate license in addition to the Sunday license
was needed to serve for the two hours before noon on Sundays. (The State of MN allows
for the sale and service of alcohol beginning at 10 am Sundays.) While the original
language, now deleted, seemed fairly straightforward, clearly it had been interpreted
otherwise by two of our licensed establishments.
The City Council approved the first reading and introduction of the attached Ordinance 851
at their meeting on September 13, 2010. No changes have been made to the ordinance
from the version presented at first reading.
Recommendation:
Staff recommends approval of the second reading and adoption of Ordinance 851,
amending Chapters 502 and 503 of the City Code relating to alcohol sales on Sundays.
Respectfully submitted,
________________________
James Ericson
City Administrator
ORDINANCE NO. 851
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 502 AND 503 OF THE
MOUNDS VIEW CITY CODE REGARDING LIQUOR SALES ON SUNDAYS
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502,
Section 502.12 of the Mounds View Municipal Code by adding the underlined language and deleting
the stricken language as follows:
Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section,
restaurants, clubs, bowling centers and hotels with seating capacities for at least 30 persons
and which hold an on-sale intoxicating liquor license may serve intoxicating liquor between
the hours of ten twelve o’clock (10:00 12:00) A.M. noon and two o’clock (2:00) A.M. on
Sundays in conjunction with the sale of food upon obtaining a Sunday Sales license from the
City.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Chapter 503,
Section 503.10 of the Mounds View Municipal Code by adding the underlined language and deleting
the stricken language as follows:
503.10: HOURS OF SALES: No sale of 3.2 percent malt liquor shall be made on any Sunday
between the hours of two o’clock (2:00) A.M. and ten twelve o’clock (10:00 12:00) A.M. noon. No
sale shall be made between the hours of two o’clock (2:00) A.M. and eight o’clock (8:00) A.M. on any
other day. (1988 Code §101.09; Amended, Ord. 717, 7-28-03)
SECTION 3. In accordance with Section 3.07 of the City Charter, the following summary shall be
printed in the official City newspaper in lieu of the complete ordinance:
On May 10, 2010, the City Council adopted Ordinance 843 which amended Chapters 502
and 503 of the Mounds View City Code relating to liquor licensed establishments. One such
revision related to hours of sales on Sundays. On September 27, 2010, the City Council
adopted Ordinance 851 which reinstated the allowance to sell alcohol between the hours of
10 am and noon on Sundays, consistent with Minnesota Statutes. A printed copy of the
ordinance is available for inspection during regular office hours at the office of the City
Administrator and is also available online at www.ci.mounds-view.mn.us.
Ordinance 851
Page 2
SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on September 13, 2010.
Second Reading and Adoption by the Mounds View City Council on September 27, 2010.
Publication Date: October 7, 2010.
Joe Flaherty, Mayor
Attest:
_____________________________
James Ericson, City Administrator
(seal)
Item No: 07D
Meeting Date: Sept 27, 2010
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 854, an
Ordinance Amending Chapter 515 Regarding Tattoo
Licensing
Introduction:
During the last legislative session, a new law was adopted to regulate body piercing and
other body modification services (comprehensively referred to as “body art”
establishments) in Minnesota. Mounds View has had provisions regulating these
businesses since 2000, when the City Council adopted Ordinance 663. No such business
ever located in the community, although there have been a few inquiries over the years.
With the new state regulations, the League of MN Cities recommends cities examine their
city codes and make any necessary amendments or revisions to maintain or achieve
consistency. (The City’s code may be more restrictive but cannot be less restrictive than
MN Statutes.) Staff asked the City Attorney’s office to review our City Code relating to
Tattoo and Body Piercing Establishments (Chapter 515) and to propose amendments to be
compliant with the new legislation, which will be effective January 1, 2011.
The Council reviewed the proposed revisions at their work session meeting on September
7, 2010 and was generally supportive of the changes.
Discussion:
The City Council adopted its licensing requirements for such businesses in 2000 in
response to an inquiry to locate such a business in the City. While the business chose to
locate elsewhere, the Council felt that having a strong framework of licensing requirements
would be beneficial, since at that time, the state had no oversight in such businesses. The
intent of the ordinance was as follows:
The purpose of this Section is to regulate the business of tattooing, body piercing, body
branding, body scarring or body painting in order to protect the health and welfare of the
general public. The City Council finds that the experience of other cities indicates that there
is a connection between tattooing and hepatitis and other health problems. The City Council
finds that stringent regulations governing tattooing can minimize the hepatitis and disease
risk and therefore protect the general health and welfare of the community.
Tattoo Ordinance Report
September 27, 2010
Page 2
The original ordinance outlined the license requirements, locational requirements,
operational requirements, health and sanitation requirements, license fees, investigation
fees, temporary licenses, suspension and revocation standards and exemptions. While the
ordinance was quite comprehensive, the adopted legislation addresses all of these issues
and more, incorporating newer trends in body art and body modification. The attorney
recommends that the much of the Chapter be deleted, in deference to the new legislation,
as adopted or amended. Certain provisions will remain in place in the City Code.
Revision Summary
o Definitions were made consistent with MN Statutes
o Licensing requirement deleted, since the State will issue the business licenses
o Body art shops prohibited in private residences, no mobile operations
o Health & sanitation regs deleted, defer to state regs
o Suspension & revocation provisions no longer necessary
o Exemptions deleted
o Temporary tattoo & piercing licenses deleted
The proposed revisions, in typical, color-coded ordinance revision format, are attached for
the Council’s review.
In response to questions asked at the September 7, 2010 work session, the ordinance or
new state law does not prohibit or regulate face painting, airbrush body paint applications
or henna tattoo applications, as none of these applications breaks the skin or injects ink
below the surface of the skin.
Recommendation:
Staff recommends approval of the first reading and introduction of Ordinance 854, an
ordinance amending Chapter 515 of the City Code relating to Tattoo and body art
establishments in the City of Mounds View. The second reading and adoption, pending
favorable first reading and introduction, will be scheduled for October 11, 2010 with an
effective date of January 1, 2011.
Respectfully submitted,
________________________
James Ericson
City Administrator
ORDINANCE 854
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE
REGARDING BUSINESS LICENSE REGULATIONS
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 515 of
the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as
follows:
SECTION:
515.01. Findings, Purpose and Intent
515.02. Definitions
515.03. License Required
515.04. General Rule
515.05. License Application
515.06. Application and Investigation Fees
515.07. Application Verification and Consideration
515.08. Persons Ineligible for a License
515.09 515.04.Locations Ineligible for a Tattoo and Body Piercing Enterprise License Requirements
515.10 515.05.General License Requirements
515.11. Health and Sanitation Requirements
515.12. License Terms, Renewals
515.13. Suspension; Revocation
515.14. Temporary Tattooing, Body Piercing, Body Branding, Body Scarring Or Body Painting Event
License.
514.15. Exemptions
515.16 515.06.Violations and Penalties
515.01: FINDINGS, PURPOSE AND INTENT: The purpose of this Section is to regulate the business
of tattooing, body piercing, body branding, body scarring or body painting body art in order to protect the
health and welfare of the general public. The City Council finds that the experience of other cities
indicates that there is a connection between tattooing and hepatitis and other health problems. The City
Council finds that stringent regulations governing tattooing can minimize the hepatitis and disease risk
and therefore protect the general health and welfare of the community.
515.02: DEFINITIONS: The following definitions apply in this Chapter of this Code. References
hereafter to “Sections” are, unless otherwise specified, references to Sections in this Chapter. Defined
terms remain defined terms whether or not capitalized.
“Body piercing” means any method of puncturing the skin of a person by the aid of needles or other
instrument designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or
through the human body. “Body piercing” shall not refer to any medical procedure performed by a
licensed physician or medical specialist.
“Body branding” means impressing or burning a mark or figure on the skin of a person with a hot object
or flame.
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Page 2
“Body painting” means applying color, pigment or paint to an area of the skin that exceeds three (3)
square inches.
“Body scarification or scarring” means any method by which a scar is applied to or left upon a body.
“Clean” means the absence of dirt, grease, rubbish, garbage, odor and other offensive, unsightly, or
extraneous matter.
“Good repair” means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks,
obstructions, and similar defects so as to constitute a good and sound condition.
“Enforcement officer” means the Chief of Police or designee.
“Operate” means to own, manage or conduct, or to have control, charge or custody over.
“Specialist” means that person performing the tattooing, piercing, branding or painting within a licensed
tattoo and body piercing enterprise.
“Tattoo and body piercing enterprise” means a place of business where all or some of the following
services are provided to the public for consideration: tattooing, body piercing, body branding, body
scarring or body painting.
“Tattooing” means the marking of the skin of a person by insertion of permanent colors by introducing
them through puncture of the skin.
“Body art” means physical body adornment using, but not limited to, tattooing and body piercing. Body
art does not include practices and procedures that are performed by a licensed medical or dental
professional if the procedure is within the professional’s scope of practice.
“Body art establishment” means any structure or venue, whether permanent, temporary, or mobile, where
body art is performed. Mobile establishments include vehicle-mounted units, either motorized or
trailered, and readily moveable without disassembling and where body art procedures are regularly
performed in more than one geographic location.
“Body piercing” means the penetration or puncturing of the skin by any method for the purpose of
inserting jewelry or other objects in or through the body. Body piercing also includes branding,
scarification, suspension, subdermal implantation, microdermal and tongue bifurcation. Body piercing
does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single-use
stud-and-clasp ear-piercing system.
“Tattooing” means any method of placing indelible ink or other pigments into or under the skin or mucosa
with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. Tattooing also includes micropigmentation and cosmetic tattooing.
Ord 854
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515.03: LICENSE REQUIRED:
Subd. 1. Tattoo and Body Piercing Body Art Establishment License: It is unlawful to operate, offer,
engage in or carry on tattooing, body piercing, body scarring, body branding or body painting without a
tattoo and/or body piercing license. No person acting individually or jointly with any other person shall
maintain, own, or operate a body art establishment in the City without obtaining a body art establishment
license issued by the State Commissioner of Health.
Subd. 2. Tattoo and Body Piercing Specialist Body Art Technician License: It is unlawful to practice,
administer or provide tattoo, body piercing, body scarring or body branding services in the City without a
tattoo and/or body piercing specialist license. No individual shall perform tattooing in the City unless the
individual holds a valid tattoo technician license issued by the State Commissioner of Health. No
individual shall perform body piercing in the City unless the individual holds a valid body piercing
technician license issued by the State Commissioner of Health. If an individual performs both tattooing
and body piercing, the individual must hold a valid dual body art technician license issued by the State
Commissioner of Health.
515.04. GENERAL RULE: The owner or operator of a licensed tattoo and body piercing establishment
may employ only licensed tattoo and body piercing specialists to provide tattoo, piercing, branding,
scarring or painting services. The owner or operator of a licensed tattoo and body piercing enterprise need
not be licensed as a tattoo and body piercing specialist unless that owner or operator personally provides
tattoo, piercing, branding, scarring or body painting services.
515.05: LICENSE APPLICATION:
Subd. 1. Tattoo and Body Piercing Establishment License: The application for a tattoo and body piercing
establishment license must contain the following information:
a. For all applicants:
(1) Whether the applicant is an individual, corporation, partnership or other form of organization;
(2) The legal description of the premises to be licensed together with a plan of the area showing
dimensions, location of buildings, street access and parking facilities;
(3) The floor number, street number and rooms where the tattoo, piercing, branding, scarring or body
painting services are to be conducted;
(4) Whether all real estate and personal property taxes that are due and payable for the premises to be
licensed have been paid, and if not, the years and amounts that are unpaid;
(5) If the application is for a premises either planned or under construction or undergoing substantial
alteration, the application must be accompanied by preliminary plans showing the design of the proposed
premises; if the plans for design are on file with the building inspector, no plans need be submitted;
(6) The name and street address of the business if it is to be conducted under a designation, name or
style other than the name of the applicant, and a certified copy of the certificate required by Minnesota
Statutes, section 333.02;
Ord 854
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(7) Any other information that the City Council may require.
b. For applicants who are individuals:
(1) The name and date of birth and of the applicant and applicant's residence address;
(2) If the applicant has ever used or been known by a name other than the applicant’s name, and if
so, the name or names and information concerning the dates and places where used;
(3) Residence addresses of the applicant during five (5) years preceding the date of application;
(4) The type, name and location of every business or occupation the applicant has been engaged in
during the preceding five (5) years;
(5) Names and addresses of the applicant's employers for the preceding five (5) years;
(6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than
a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense
involved in the convictions;
(7) If the applicant has ever been engaged in the operation of tattoo, piercing, branding, scarring or
body painting services; if so, the applicant must furnish information as to the name, place and length of
time of the involvement in such activity.
c. For applicants that are partnerships:
(1) The names and addresses of general and limited partners and the information concerning each general
partner described in subdivision 1b of this Section;
(2) The managing partners must be designated, and the interest of each general and limited partner in the
business must be disclosed;
(3) A true copy of the partnership agreement must be submitted with the application, and if the
partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a
certified copy of that certificate must be submitted.
The license--if issued--will be in the name of the partnership.
d. For applicants that are corporations:
(1) The name of the organization, and if incorporated, the state of incorporation;
(2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority
as described in Minnesota Statutes, section 303.02;
(3) The name of the general manager, corporate officers, proprietor, and other person in charge of the
premises to be licensed, and the information about those persons described in subdivision lb;
Ord 854
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(4) A list of the persons who own or have a controlling interest in the corporation or organization or who
are officers of the corporation or organization, together with their addresses and the information regarding
such persons described in subdivision 1b of this Section.
Subd. 2. Tattoo and body piercing specialist license: The application for a tattoo and body piercing
specialist license must contain the following information:
a. The applicant’s name and address;
b. The applicant’s current employer;
c. The applicant’s employers for the previous five (5) years, including employer’s name, address
and dates of employment;
d. The applicant’s residence address for the previous five (5) years;
e. The applicant’s social security number, date of birth, home telephone number, weight, height,
color of eyes and color of hair;
f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other
than a minor traffic offense and, if so, the time, place and offense involved in the convictions;
g. If the applicant has ever used or been known by a name other than the applicant's name, and if
so, the name or names and information concerning dates and places where used;
h. Evidence that the applicant:
(1) Has current insurance coverage over one million dollars ($1,000,000.00) for
professional liability in the practice of tattooing, piercing, branding, scarring or body painting;
(2) Has a minimum four (4) years of experience and training from a established
professional establishment;
(3) Is affiliated with, employed by or owns a tattoo and piercing enterprise licensed by the
City;
(4) Whether the applicant holds a current tattooing, body piercing, body branding, body
scarring or body painting license from any other governmental unit;
(5) Whether the applicant has previously been denied a tattooing, body piercing, body
branding, body scarring or body painting license from any other governmental unit.
(6) Any other information that the City Council may require.
515.06: APPLICATION AND INVESTIGATION FEES: The fees for tattoo and piercing enterprise
and specialist licenses are set forth from time to time by City Council resolution. An investigation fee will
be charged for tattoo and piercing enterprise licenses. An application for either license must be
accompanied by payment in full of the required license and investigation fees, if applicable.
Ord 854
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515.07: APPLICATION VERIFICATION AND CONSIDERATION:
Subd. 1. Tattoo and piercing enterprise license: The Clerk-Administrator must verify the information
supplied on the license application and investigate the background, including the criminal background, of
the applicant to assure compliance with this Section. Within ninety (90) days of receipt of a complete
application and fee for a tattoo and piercing enterprise license, the Clerk-Administrator must make a
written recommendation to the City Council as to issuance or non-issuance of the license. The City
Council may order additional investigation if it deems it necessary, but must grant or deny the application
within one hundred twenty (120) days of receipt by the Clerk-Administrator of the complete application
and required fees.
Subd. 2. Tattoo and piercing specialist license: Within ninety (90) days of receipt of a complete
application and fee for a tattoo and piercing specialist license, the Clerk-Administrator must grant or deny
the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to
appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter will be
placed on the next available City Council agenda.
515.08: PERSONS INELIGIBLE FOR LICENSE:
Subd. 1. Tattoo and Body Piercing Enterprise License: A tattoo and body piercing enterprise license may
not be issued to an individual who:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as
prescribed by Minnesota Statutes, section 364.03, subdivision 3;
c. Does not have the legal authority to be employed in the United States;
d. Is not of good moral character or repute;
e. Is not the real party in interest of the enterprise;
f. Has misrepresented or falsified information on the license application.
Subd. 2. Tattoo and Body Piercing Specialist License: A tattoo and body piercing specialist license may
not be issued to a person who does not meet the minimum training requirement or could not qualify for a
tattoo and body piercing enterprise license or who is not affiliated with or employed by a person or entity
holding a tattoo or body piercing enterprise license.
515.09 515.04: LOCATIONS INELIGIBLE FOR TATTOO AND BODY PIERCING
ENTERPRISE LICENSE REQUIREMENTS:
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Subd. 1. A tattoo and body piercing enterprise may not be licensed if the enterprise is located on property
on which taxes, assessments or other financial claims to the state, county, school district or City are due
and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01-
278.13, questioning the amount or validity of taxes, the City Council may on application waive strict
compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof,
which remain unpaid for a period exceeding one (1) year after becoming due.
Subd. 2 1. Zoning Compliance: A tattoo and body art establishment piercing enterprise may not be
licensed if the location of such enterprise is not must be operated in a location that is in conformance with
Title 1100 of the Mounds View Municipal Code.
Subd. 2. Private Residences. No place licensed by the State as a body art establishment shall be located
within a private residence.
Subd. 3. Mobile Establishments. Mobile body art establishments are prohibited.
515.10 515.05: GENERAL LICENSE REQUIREMENTS:
Subd 1. General licensing requirements are as follows:
Tattoos on minors. No person shall tattoo, pierce, scar, brand or paint any person under the age of 18.
Prohibition on license transfer. The license granted is for the person and the premises named on the
approved license application. No transfer of a license shall be permitted from place-to-place or from
person-to-person without first complying with the requirements of an original application, except in the
case in which an existing noncorporate licensee is incorporated and incorporation does not affect the
ownership, control, and interest of the existing licensed establishment.
Hours of operation. A licensee body art establishment shall not be open for business for tattooing before
eight o’clock (8:00) a.m. nor after ten o’clock (10:00) p.m.
Licensed premises. The tattoo, body piercing, body branding, body scarring, body painting enterprise
license is only effective for the compact and contiguous space specified in the approved license
application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Clerk-
Administrator.
Adherence to Codes. The tattoo, body piercing, body scarring, body branding, body painting enterprise
Body art establishments shall comply with applicable Minnesota Statutes, including, but not limited to
Minnesota Statutes Chapter 146B and all titles, chapters and sections of the Mounds View City Code,
including, but not limited to, those expressly stated as follows: Chapter 513, Adult Establishments;
Section 514.11, subdivision 5, regarding prohibited massages; and Title 600, Public Health and Safety.
Effect of license suspension or revocation. No person shall solicit business or offer to perform tattooing,
body piercing, body branding, body scarring or body painting services while under license suspension or
revocation by the City.
Maintenance of order. The licensee the operator of a body art establishment shall be responsible for the
conduct of the business being operated and shall at all times maintain conditions of order.
Ord 854
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Employee lists. The licensee shall provide to the Clerk-Administrator a list of employees who perform
tattooing, body piercing, body branding body scarification or body painting at the licensed establishment
and shall verify that each employee has received a copy of Chapter 515.
Liability insurance. All licensees shall have at all times a valid certificate of insurance issued by an
insurance company licensed to do business in the State of Minnesota indicating that the licensee is
currently covered in the licensed business by a liability insurance policy. The minimum limits of coverage
for such insurance shall be:
(1) Each claim, at least $200,000;
(2) Each group of claims, at least $500,000.
Such insurance shall be kept in force during the term of the license and shall provide for notification to
the City prior to termination or cancellation. A certificate of insurance shall be filed with the City.
515.11: HEALTH AND SANITATION REQUIREMENTS:
Subd. 1. No person shall engage in the practice of tattooing, body piercing, body branding, body scarring
or body painting at any place in the City without complying with the following regulations:
(a) Lavatory requirement. Every place where tattooing, body piercing, body branding, body
scarification or body painting is practiced shall be equipped with an adequate and conveniently located
toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall
be supplied with hot and cold running water under pressure; shall be maintained in good repair at all
times; and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary
open front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste
materials. Every lavatory facility shall be provided with an adequate supply of hand cleansing compound
and single-service sanitary towels or hand-drying devices.
(b) Skin infection. No person having a communicable disease, skin infection or other diseases of
the skin shall be tattooed, pierced, scarred, branded or painted.
(c) Sterilization and disposal of bio-hazardous materials. All needles and razor blades and other
equipment used for piercing, scarring, branding or puncturing shall be individually pre-packaged, pre-
sterilized and disposable. No such equipment shall be used on more than one (1) customer. All bio-
hazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved
by the enforcement officer. Sterilizing solutions and methods may be used for the purpose of sterilizing
instruments other than needles and razor blades.
(d) Skin preparation procedures. The following procedures shall be used for skin preparation:
(1) Operators shall wash their hands thoroughly with soap and water then dry them with a clean
towel before and after each tattooing, branding, scarring, piercing or painting. Specialists with skin
infections of the hand shall not perform any tattooing, body piercing, body branding, body scarring or
body painting services.
(2) Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable, razor
blades shall be used.
Ord 854
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(3) The skin area to be tattooed, scarred, pierced, branded or painted shall be thoroughly cleaned
with anti-bacterial germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic
solution. Only single-service towels and wipes shall be used in the skin cleaning process.
(4) After tattooing, piercing, scarring or branding, a sterile dressing must be applied to the
tattooed, pierced or branded area.
(e) Operating furniture. All tables, chairs, furniture, or area on which a patron receives a tattoo,
any body piercing, body branding, body scarification or body painting shall be covered by single-service
disposable paper or clean linens, or in the alternative, the table, chair, or furniture on which the patron
receives a tattoo, body piercing, body scarring, body branding or body painting shall be impervious to
moisture and shall be properly sanitized after each tattoo, body piercing, body branding, body scarring or
body painting.
(f) Towels. Every specialist shall provide single-service towels or wipes for each customer or
person and such towels or wipes shall be stored and disposed of in an acceptable manner.
(g) Coverings: The specialist shall require that the person who is receiving the tattoo, piercing,
branding, scarring or painting will at all times have that person’s breasts, buttocks, anus and genitals
covered with a non-transparent covering. The specialist may lift the covering to expose the person’s
breasts, buttocks, anus or genitals to the limited extent necessary to perform the tattooing, body piercing,
body scarring, body painting or body branding requested. The specialist shall ensure that no other person
may view the exposed body part.
(h) Garments of specialist: The specialist performing tattoo, branding, piercing, scarring or
painting services shall be fully clothed so as to have the specialist’s breasts, buttocks, anus and genitals
covered with a non-transparent material or clothing. Every specialist shall wear clean garments when
engaged in the practice of tattooing, body piercing, body branding, body scarring or body painting. If
garments are contaminated with blood or body fluids, such garment shall be removed, changed, and/or
discarded or cleaned by dry cleaning methods.
(i) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents
and substances including mercury. The pigments used from stock solutions for each customer shall be
placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after
use on each customer.
(j) Minimum floor space. There shall not be less than two hundred fifty (250) square feet of floor
space at the place where the practice of tattooing, body piercing, body scarring, body branding or body
painting is conducted, and said place shall be well lit and ventilated.
(k) Influence of alcohol and drugs. No person shall practice tattooing, body piercing, body
branding, body scarring or body painting while under the influence of alcoholic beverages or illicit drugs.
No customer shall be tattooed, pierced, scarred, branded or painted while under the influence of alcoholic
beverages or illicit drugs.
(l) Written instructions. The operator shall provide the person tattooed, scarred, pierced, painted
or branded with printed instructions on the approved care of the skin during the healing process.
(m) Living quarters. No place licensed as a tattoo, body piercing, body branding, body scarring or
body painting establishment shall be used or occupied as living or sleeping quarters.
Ord 854
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515.12: LICENSE TERMS, RENEWALS: Licenses expire annually on December 31. The license fee
will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator
must prepare an application form for the renewal of a license requiring information that the Manager
determines necessary for consideration of the renewal. The renewal application must be made no later
than November 30.
515.13: SUSPENSION; REVOCATION:
Subd 1. The City Council may revoke the license or suspend the license if the licensee submitted false
information or omitted material information in the license process required. The City Council may by
resolution suspend or revoke a license for the violation of any provision or condition of this Section or
any other local law governing the same activity during the license period or any criminal law during the
license period which adversely affects the ability to honestly, safely, or lawfully conduct a tattooing, body
piercing, body scarring, body branding or body painting business.
Subd. 2. A revocation or suspension shall be preceded by written notice to the licensee and a public
hearing before the City Council. The notice shall give at least ten (10) days notice of the time and place of
the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the
licensee at the most recent address listed on the application.
515.14: TEMPORARY TATTOOING, BODY PIERCING, BODY BRANDING, BODY
SCARRING OR BODY PAINTING EVENT LICENSE.
Subd. 1. The Clerk-Administrator may issue a temporary tattoo, piercing, branding, scarring and body
painting event license as provided in this subsection.
Subd. 2. A temporary tattoo, piercing, branding, scarring and body painting specialist license may be
issued to a person who:
a. Is qualified to hold a tattoo and piercing specialist license under this Section;
b. Has completed the required application and paid the license fee at least seven (7) days prior to
the effective date of the license.
Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more
than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days.
Subd. 4. All other provisions of this Section apply to temporary licenses.
515.15. EXEMPTIONS: Jewelry stores that provide ear piercing services to its customers as an accessory
service shall be exempt from the provisions of this Chapter so long as the service is incidental to the sale
of jewelry. For purposes of this Section, a jewelry store shall mean a retail business that derives a majority
of its revenue from the sale of jewelry and that derives less than one percent (1%) of its revenues from ear
piercing services.
515.16 515.06: VIOLATIONS AND PENALTIES: Any person who violates any provision of this
Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section
104.01 of this Code.
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SECTION 2. This ordinance shall take effect and be in force on January 1, 2011, which is consistent
with Section 3.09 of the City Charter.
SECTION 3. In accordance with Section 3.07 of the City Charter, the following summary shall be
printed in the official City newspaper in lieu of the complete ordinance:
During the 2010 Legislative session, a law was passed which, beginning January 1, 2011, requires
the State of Minnesota to assume licensing jurisdiction over tattoo, body piercing and other body
modification establishments, and those who perform such duties, as codified in Minnesota
Statutes Chapter 146B. To be consistent with the new MN Statutes Chapter 146B, the City
Council deleted much of City Code Chapter 515 which had provided for the municipal licensure
and control over such businesses, in deference to the new legislation. The remaining language
was updated to reference the new state requirements. Upon the effective date of the ordinance,
January 1, 2011, the City of Mounds View will no longer license such establishments or those
who practice such arts, instead deferring such oversight to the State of Minnesota. A printed copy
of the ordinance is available for inspection during regular office hours at the office of the City
Administrator. An electronic copy of this ordinance is available on the City’s website, located at
www.ci.mounds-view.mn.us.
Introduction and First Reading by the Mounds View City Council on September 27, 2010.
Second Reading and Adoption by the Mounds View City Council on October 11, 2010.
Publication Date: October 21, 2010.
____________________________
Joe Flaherty, Mayor
ATTEST:
____________________________
James Ericson, City Administrator
(seal)
Item No: 07E
Meeting Date: Sept 27, 2010
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 852, an Ordinance
Revising Section 1002.02 of the City Code, Local Fire
Regulations, to Include Regulations for Recreational Fires
Introduction:
At the August 2, 2010 and September 7, 2010 work sessions, the City Council discussed
issues regarding recreational fires and the impacts of such fires on neighboring property
owners. The Spring Lake Park – Blaine – Mounds View Fire Department regulations were
reviewed as were policies and regulations from many other cities. The primary concern
with the present recreational fire regulations, it seems, relates to enforcement. The
secondary issue is the impact of one neighbor’s recreational fire upon another neighbor.
The attached ordinance, Ordinance 852, attempts to address both issues.
Discussion:
The City Council and residents who attended the work sessions expressed concern about
recreational fires and agreed that greater enforcement is needed to dissuade residents
from violating the regulations. Staff spoke with prosecuting attorney Tom Hughes, who
recommended that the recreational fire regulations be incorporated into City Code so that
the police department and/or the Code Enforcement inspector could issue misdemeanor
citations for violations. A municipal administrative offense citation could also be issued
citing references to the Nuisance Code, which includes escalating fines for repeat offenses
The Council indicated that for the most part the fire regulations as approved by the fire
chief are adequate regarding recreational fires, although a few revisions were suggested.
The Council had discussed limiting the frequency or duration of a recreational fire, however
such restrictions would be very difficult to document and impractical to enforce. It would be
far less difficult enforcing a time limit, such as “no recreational fires after 10 pm,” however a
majority of the City Council did not favor time restrictions.
The changes from the present Fire Department regulations contemplated by the attached
Ordinance 852 include the following:
• Wind speed restrictions (no rec fires when winds exceed 10 mph)
• No rec fire within 15 feet of a property line
• Manufactured fire pits shall be set back a minimum 15 feet from combustible
materials or structures
• Rec fires prohibited when burning ban or air advisory in effect
Recreational Fire Report – Ord 852
September 27, 2010
Page 2
In response to concerns raised by both Mounds View and the City of Blaine, the Fire
Department has updated its regulations pertaining to recreational fires. There are two
differences, the first being the height of the fire. Ordinance 852 limits the height of a fire to
no more than two feet while the Fire Department regulation allows for fires up to three feet.
The other difference is with the setback of freestanding manufactured fire pits. Ordinance
852 requires a minimum fifteen foot setback while the Fire Department regulations allow for
a ten foot setback, however the Fire Dept regulation requires that such devices be
equipped with side screens and a cover. Fire Chief Zikmund is aware of the differences.
The only other issue to discuss relates to effective date of compliance regarding the
location of such fire pits and devices. I would imagine that there are a number of existing
outdoor fireplaces and fire pits that are located closer to a property line than the proposed
15 feet. What should be done with those that would become non-conforming? Provide a
one-year window of time for non-structural fire pits to become compliant? Should
permanent outdoor fire pits and fireplaces be allowed to continue as legal nonconforming
uses? I have asked the City Attorney to weigh in on this subject as well, and he will
provide his opinion at the meeting.
Recommendation:
Staff recommends approval of the first reading and introduction of Ordinance 852, an
ordinance which incorporates the Fire Department’s regulations (as amended) on
recreational fires into the City Code, in Chapter 1002, Fire Code. If any changes are
needed as a result of City Attorney recommendations or Council direction, they will be
reflected in the second reading, which could occur on October 11, 2010, depending upon
the extent of any recommended or directed changes.
Respectfully submitted,
________________________
James Ericson
Clerk – Administrator
Attachments:
1. Photographic examples of Manufactured Freestanding Fire Pits
2. Photographic examples of “Permanent” pits and outdoor fireplaces
3. Ordinance 852
Attachment 1.
Photographic Examples of Manufactured Fire Pits
Terra Cotta Chimenea Clay Chimenea Cast Iron Chimenea
Drum styled pit Rectangular tray pit Cauldron styled pit
Attachment 2.
Photographic Examples of “Permanent” Pits & Fireplaces
ORDINANCE NO. 852
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 1002.02 OF THE CITY CODE, LOCAL FIRE
REGULATIONS, TO INCLUDE REGULATIONS FOR RECREATIONAL FIRES
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1002, Section 1002.02 of the Mounds View Municipal Code by adding the following underlined
language:
1002.02: LOCAL FIRE REGULATIONS: The Minnesota State Fire Code provides the local Fire Chief
ability to adopt local fire regulations. The Fire Chief may amend these regulations from time to time as
needed. Copies of the regulations are available at City Hall or the Fire Department. In addition, the
Mounds View City Council has adopted the following regulations pertaining to recreational fires in the
City:
Subd. 1. Definitions:
a. Chimenea: a free standing front loading fireplace or oven with a bulbous body and
usually a vertical smoke vent or chimney.
b. Manufactured Freestanding Pit: A Chimenea or other movable device or container
designed, marketed and manufactured for the purpose of containing a fire for cooking or
recreational purposes.
c. Recreational Fire: A fire maintained within an outdoor fireplace, fire pit, fire ring,
Chimenea or other Manufactured Freestanding Pit, for pleasure, religious, ceremonial,
cooking or similar purpose.
Subd. 2. Recreational fires are allowed under the following conditions:
a. Only natural, clean, dry firewood, cut in short lengths less than two (2) feet, may be
burned.
b. The fire must be contained within an in-ground fire pit, fire ring, fireplace or
manufactured freestanding pit not exceeding three (3) feet in diameter. The fire shall be
limited in fuel such that at no time does the flame height exceed two (2) feet. The outside
edge of in-ground fire pits shall be ringed with approved metal, brick or rock.
Ord 852
Page 2
c. All fire rings or pits must be located a minimum of twenty-five (25) feet away from any
structures or combustibles, such as houses, garages, sheds, wood piles and wooden fences.
Manufactured freestanding pits must be located a minimum of fifteen (15) feet away from
any structures or combustibles, such as houses, garages, sheds, wood piles and wooden
fences. In addition, fire pits, rings or manufactured freestanding devices shall be set back at
least fifteen (15) feet from any property line.
d. The fire must be constantly attended and supervised by an adult until the fire has been
completely extinguished.
e. A charged garden hose or other means to extinguish the fire must be readily available.
Subd. 3. Restrictions and Limitations:
a. Recreational fires are not allowed when wind speeds exceed ten (10) miles per hour or
when the smoke may create a nuisance or be offensive to others.
b. Recreational fires are not allowed on commercial or industrial sites, or on sites with
construction activities.
c. The open burning of lumber, pallets, wooden shingles, scrap wood, brush, tree trimmings,
leaves, yard waste, cardboard, paper, garbage, plastic, rubber, or any other material not
constituting natural, dry, clean firewood, is prohibited.
d. Recreational fires are not permitted when the designated fire official or the Minnesota
Department of Natural Resources (DNR) has officially declared a burning ban due to
potential hazardous fire conditions or when the Minnesota Pollution Control Agency
(MPCA) has declared an air quality alert.
e. The use of flammable or combustible liquid accelerants is prohibited.
Subd. 4. Enforcement
a. When the smoke from a recreational fire is offensive to neighbors or to others in the
vicinity, or if the burning is determined to constitute a hazardous condition, the City
authorizes Police and Fire Department officers to require the fire be immediately
extinguished and discontinued.
b. If the fire, or resulting smoke emanating therefrom, is deemed a nuisance(1) by responding
police or fire department officers, in addition to Subd. 4a above, the property owner and/or
the responsible party may be cited according to the enforcement provisions referenced in
Chapter 607.09 and Chapter 702.02 of this Code.
_______________
1 See Chapter 607.02 of this Code.
Ord 852
Page 3
SECTION 2. In accordance with Section 3.07 of the City Charter, the following summary shall be
printed in the official City newspaper in lieu of the complete ordinance:
The Mounds View City Council adopted Ordinance 852 on October 11, 2010 which updates
Chapter 1002.02 of the Mounds View City Code, Local Fire Regulations, to include
regulations pertaining to recreational fires in the City. The new regulations mirror to a great
extent current Fire Department regulations (3-95) which articulate the conditions a
recreational fire is permitted or prohibited within the fire district. A printed copy of the
ordinance is available for inspection during regular office hours at the office of the City
Administrator and is available online at www.ci.mounds-view.mn.us.
SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on September 27, 2010.
Second Reading and Adoption by the Mounds View City Council on October 11, 2010.
Publication Date: October 21, 2010.
Joe Flaherty, Mayor
Attest:
_____________________________
James Ericson, City Administrator
(seal)
Item No: 07F
Meeting Date: September 27, 2010
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 7674, Authorizing a Step Increase for Don
Peterson, Public Works Supervisor
Background:
Don Peterson is a current employee (non-union) with the City of Mounds View. His
supervisor, Public Works Director Nick DeBar, has reviewed his performance as it relates
to his responsibilities outlined in the job description.
Discussion:
It was determined that Mr. Peterson has satisfactorily performed in the capacity of his
position, and therefore, a step increase wage adjustment is consistent with the Conditional
Offer of Employment (attached).
Recommendation:
Staff recommends approval of Resolution 7674, approving Don Peterson’s step/wage
increase.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7674
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING STEP INCREASE WAGE ADJUSTMENT
WHISEAS, the following below is a regular full-time employee who is currently
working for the City of Mounds View; and
WHISEAS, his supervisor reviewed his performance as it relates to the
responsibilities outlined in the job description; and
WHISEAS, his supervisor determined that the following employee below has
satisfactorily performed in the capacity of his position documented in his performance
review on file; and
WHISEAS, a step increase wage adjustment is consistent with the Mr. Peterson’s
Conditional Offer of Employment letter dated March 2, 2010.
NOW, THISEFORE BE IT RESOLVED that the Mounds View City Council does
hereby approve a wage adjustment to the following indicated in the chart.
NAME CURRENT
POSITION
DATE OF
EMPLOYMENT/
CURRENT POSITION
CURRENT
STEP &
WAGE
STEP &
WAGE
ADJUSTMENT
EFFECTIVE
DATE OF
ADJUSTMENT
Don
Peterson
PW
Supervisor
March 29, 2010 Step 1:
$25.56/hr
Step 2:
$27.16/hr
September 29,
2010
Adopted this 27th day of September, 2010.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 08A
Meeting Date: September 27, 2010
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Community Development Technician
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will expire
on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance.
All applicants are “new” which means that they have never been licensed with the City or they may
have been licensed with the City in the past, but were not licensed in 2009. The type of license
being applied for follows the company name.
Aireserve of East Central Minnesota HVAC New
Deziel Heating & Air, Inc. HVAC New
Twin Cities Sign Installations LLC Sign New
Diamond Fence Fence Installation New
Big Block Masonry Cement/Masonry New
Recommendation: Approve license applications as requested.
Corrections made by Councilmember Hull, Councilmember Mueller, City Administrator Ericson, Community Development Director Rober ts and Assistant City Administrator Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
August 23, 2010 6
Mounds View City Hall 7
2401 Highway 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, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, August 23, 2010, City Council Agenda. 21
22
MOTION/SECOND: Gunn/Hull. To approve the Monday, August 23, 2010, 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. Car Show Awards Presentation 33
34
Council Member Mueller indicated over 100 vehicles took part in the 4th Annual Mounds View 35
Car and Tractor Show. She and Mayor Flaherty presented several awards to three car owners 36
that were not presented at the event. 37
38
7. COUNCIL BUSINESS 39
A. 7:05 p.m. Public Hearing to Consider Resolution 7662, a Conditional Use 40
Permit for an Oversized Garage at 8191 Spring Lake Road. 41
42
Planning Associate Heller explained the applicants, Robert & Lori Nordby, are requesting 43
approval of a conditional use permit to construct an oversized garage on their property at 8191 44
Spring Lake Road. The applicants want to expand their current 22’x24’ detached garage (528 45
Mounds View City Council August 23, 2010
Regular Meeting Page 2
square feet) with a 20’x24’ expansion onto the rear of the existing garage. The applicants have 1
submitted plans for a garage expansion that would create a garage larger than what the City Code 2
allows. The City limits the size of accessory buildings, whether attached or detached from the 3
house, to a maximum of 952 square feet. Any building larger than 952 square feet must get City 4
approval of a conditional use permit. The garage the Nordby’s are proposing would be 1,008 5
square feet. The applicants indicate that they want the extra space to store their boat indoors. 6
7
Planning Associate Heller indicated the request for a Conditional Use Permit to construct the 8
1,008 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, 9
Subdivision 6 of the Mounds View Zoning Code. The proposed garage would meet all City 10
setback requirements. Staff recommends approval of the conditional use permit as requested 11
with one additional condition that all runoff water shall not affect neighboring properties. 12
13
Mayor Flaherty opened the public hearing at 7:10 p.m. 14
15
Hearing no public input, Mayor Flaherty closed the public hearing at 7:10 p.m. 16
17
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7662, a 18
Conditional Use Permit for an Oversized Garage at 8191 Spring Lake Road, with one additional 19
condition addressing water runoff. 20
21
Mayor Flaherty questioned if the applicant understood the water runoff implications. Robert 22
Nordby, indicated he has discussed this additional condition with City staff. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
B. 7:10 p.m. Public Hearing Second Reading and Adoption of Ordinance 849 27
Implementing a Franchise Fee on Center Point Energy Natural Gas 28
Operations within the City of Mounds View. 29
30
Finance Director Beer explained this ordinance continues the agreement with Center Point 31
Energy under which Center Point Energy will collect a franchise fee in the amount of 3.87% of 32
Center Point’s natural gas gross operating revenues for services within the City of Mounds View 33
during the year 2011. This is a 2% increase over 2010’s rate of 3.79%. The Bureau of Labor 34
Statistics released inflation numbers were released by the Bureau of Labor Statistics on August 35
13th for the Minneapolis/Saint Paul area and the 12 month rate was a 2.32% increase. The 36
charter limits the fee increase to 2% plus inflation or 5% whichever is less. 37
38
Finance Director Beer stated it has been the practice to include a sunset provision in the 39
ordinance requiring it to be re-enacted each year. Franchise fees collected under this agreement 40
are minimal due to Center Point Energy’s small customer base within the City of Mounds View. 41
Staff would request that a summary ordinance be published with the complete ordinance 42
available on-line and at City Hall. 43
44
Mayor Flaherty opened the public hearing at 7:15 p.m. 45
Mounds View City Council August 23, 2010
Regular Meeting Page 3
1
Dan Mueller, 8343 Groveland Road, stated he was not in favor of extra fees or taxes, but felt this 2
franchise fee did assist the City by creating better roads along with funding additional police and 3
fire department needs. He hoped the Council would support the franchise fee and not fear the 4
loss of votes, because it was an election year. 5
6
Hearing no further public input, Mayor Flaherty closed the public hearing at 7:19 p.m. 7
8
Mayor Flaherty questioned how the franchise fees were distributed in the City’s funds. Finance 9
Director Beer stated 50% went into the street improvement fund and 50% went into the general 10
fund. He indicated the percentage increase would generate an additional $4,900 for each fund. 11
12
MOTION/SECOND: Mueller/Gunn. To approve the Second Reading and Adopt Ordinance 13
849, Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the 14
City of Mounds View, viewing the pending, and that a summary Ordinance be published. 15
16
MOTION AMENDMENT: Hull/Flaherty. To Reduce the Franchise Fee from 3.87% to 3.75%. 17
18
Council Member Mueller stated she was not in favor of the amendment to her motion. 19
20
Council Member Hull stated he has been consistent in voting against increased franchise fees. 21
He had concerns with this type of taxation and would like the fee to be reduced. 22
23
Council Member Stigney indicated that by lowering the franchise fee, the City would need to 24
increase taxes on to the residents. He stated the City would then need to potentially raise the 25
levy. He felt it did not make sense to reduce the franchise fee. 26
27
Council Member Mueller understood that franchise fees affected every structure that uses energy 28
in the City; however, this was based on consumption. She indicated this was a fair and equitable 29
fee. 30
31
Mayor Flaherty stated fees were a form of taxation and was originally instituted to help the City 32
in tough financial times. However, it was to sunset and be phased out. He indicated the original 33
intent of the fee from 1992 has been lost. 34
35
Council Member Stigney indicated the Council had to address the needs of the City at this time 36
and the franchise fee was assisting the City financially at this time, especially with the large TIF 37
districts. He felt it would be foolishness to change the fee at this time. 38
39
Council Member Gunn explained the Council had no idea what the economy would do from 40
1992 to 2010, or that LGA would be cut. She was in favor of keeping the franchise fee and 41
reviewing the need for it on a yearly basis. 42
43
Mayor Flaherty commented the government continues to add fees that get absorbed into budgets 44
and are not able to ever be resolved. 45
Mounds View City Council August 23, 2010
Regular Meeting Page 4
1
Council Member Mueller stated the average family of four would incur a $3.00 fee over the next 2
year. If the increase were not instituted the City would need to tax the public to gain an additional 3
$10,000. 4
5
AMENDMENT VOTE: 6
7
Ayes – 2 Nays – 3 (Stigney, Gunn, Mueller) Motion failed. 8
9
Council Member Stigney stated he would be in favor of raising the franchise fee from 3.79% to 10
3.95%. He felt this would save money to the residents 11
12
SECOND MOTION AMENDMENT: Stigney/Mueller. To Increase the Franchise Fee from 13
3.79% to 3.95%. 14
15
Council Member Stigney stated the increase would aid with the budget crisis while assisting to 16
keep the levy increase manageable. 17
18
SECOND AMENDMENT VOTE: 19
20
Ayes – 2 Nays – 3 (Hull, Flaherty, Gunn) Motion failed. 21
22
MOTION ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 23
24
Ayes – 3 Nays – 2 (Hull, Flaherty) Motion carried. 25
26
C. 7:15 p.m. Public Hearing Second Reading and Adoption of Ordinance 850 27
Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas 28
Operations within the City of Mounds View. 29
30
Finance Director Beer stated this ordinance continues the agreement with Xcel Energy under 31
which Xcel Energy will collect a franchise fee in the amount of 3.87% of Xcel’s electric and 32
natural gas gross operating revenues for services within the City of Mounds View during the year 33
2011. This is a 2% increase over 2010’s rate of 3.79%. The Bureau of Labor Statistics released 34
inflation numbers on were released by the Bureau of Labor Statistics on August 13th for the 35
Minneapolis/Saint Paul area and the 12-month rate was a 2.32% increase. The charter limits the 36
fee increase to 2% plus inflation or 5% whichever is less. 37
38
Finance Director Beer commented it has been the practice to include a sunset provision in the 39
ordinance that requires it to be re-enacted each year. Staff recommended approval and requested 40
that a summary ordinance be published. 41
42
Mayor Flaherty opened the public hearing at 7:39 p.m. 43
44
Dan Mueller, 8343 Groveland Road, again encouraged the Council to proceed with the franchise 45
Mounds View City Council August 23, 2010
Regular Meeting Page 5
fee to assist the City financially. He requested the Council focus less on the previous suggestion 1
to sunset the fee and instead use the franchise fee to eliminate the need to increase property taxes. 2
3
Gary Quick, 8330 Knollwood Drive, explained he was on the Council when the franchise fee was 4
installed and increased. The fee assisted the City through tough financial times and had a sunset 5
clause to allow the Council to review the fee. 6
7
Hearing no further public input, Mayor Flaherty closed the public hearing at 7:42 p.m. 8
9
Mayor Flaherty commented the franchise fee has been in place for 18 years and stated the 10
original intent was to create a revenue source but was not intended to be long term. He agreed 11
the City needed additional revenue sources, and should perhaps look at other sources. 12
13
MOTION/SECOND: Stigney/Mueller. To approve the Second Reading and Adopt Ordinance 14
850, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 15
the City of Mounds View, waive the reading, and that a summary Ordinance be published, 16
amending the franchise increase to 3.95%. 17
18
Council Member Stigney again reiterated the fact that the franchise fee increase would assist the 19
City with the budget by increasing revenues and making the levy increase more manageable. 20
21
Council Member Hull requested a motion amendment to reduce the franchise fee to 3.75%. He 22
stated this was based on the same rationale as previously stated. 23
24
MOTION AMENDMENT: Hull/Flaherty. To Reduce the Franchise Fee to 3.75%. 25
26
Council Member Mueller stated the fee would greater benefit the City if not reduced. She 27
explained if the franchise fees were reduced, property taxes would have to be increased. 28
29
Council Member Hull further reviewed the numbers on the franchise fee and felt people should 30
be impacted based on income and not with just a flat fee. 31
32
Council Member Stigney suggested the Council not reduce the franchise fee as taxes would then 33
need to be increased. He indicated there was a direct correlation between the two. Now was not 34
the time to reduce the rate, and that this should not be considered until the TIF districts end. 35
36
Mayor Flaherty indicated he did not feel the fee would ever go away and that this was not the 37
original intent. 38
39
Council Member Mueller stated as the TIF districts expire the City’s revenue streams would 40
begin to increase. Now was not the time to reduce or alter the franchise fee. 41
42
AMENDMENT VOTE: 43
44
Ayes – 2 Nays – 3 (Stigney, Mueller, Gunn) Motion failed. 45
Mounds View City Council August 23, 2010
Regular Meeting Page 6
1
Council Member Gunn questioned if the Ordinance could be amended and still be approved on a 2
second reading. City Attorney Riggs explained this could be done and if this failed, the Council 3
could revert back to the original Ordinance. 4
5
Council Member Mueller thanked Council Member Stigney for proposing to increase the 6
franchise fee, as it would benefit the taxpayers the most. 7
8
MOTION ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 9
10
Ayes – 2 Nays – 3 (Hull, Flaherty, Gunn) Motion failed. 11
12
MOTION/SECOND: Mueller/Gunn. To approve the Second Reading and Adopt Ordinance 13
850, Implementing a Franchise Fee of 3.87% on Xcel Energy Electric and Natural Gas 14
Operations within the City of Mounds View, waiving the reading, the and that a summary 15
Ordinance be published. 16
17
MOTION ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 18
19
Ayes – 3 Nays – 2 (Hull, Flaherty) Motion carried. 20
21
D. Resolution 7663, Authorizing Severance for Sergeant Mike Kampa, Mounds 22
View Police Department. 23
24
City Administrator Ericson stated Sergeant Mike Kampa has retired as a Mounds View Police 25
Sergeant effective July 30, 2010. Staff recommends the Council authorize severance payment to 26
Sergeant Kampa in accordance with the LELS (Sergeants) Union Contract. This also provides 27
for a payout of Sergeant Kampa’s vacation and sick time into his Retirement Health Savings 28
Plan. Staff recommends severance payment for Sergeant Mike Kampa in the amount not to 29
exceed $52,019.69 into his Retirement Health Savings Plan. 30
31
Council Member Mueller asked if it was standard to allow employees to accrue such a great deal 32
of sick and vacation time. City Administrator Ericson stated the current contract does have 33
different standards and are subject to maximums. 34
35
Mayor Flaherty requested the double dollar sign be removed from the Resolution. He thanked 36
Sergeant Kampa for his service to the community but felt it was strange an employee could 37
accrue such a great deal of sick and vacation time. City Administrator Ericson reiterated that the 38
structure has changed. 39
40
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7663, 41
Authorizing the Severance Payment for Sergeant Mike Kampa for an amount not to exceed 42
$52,019.69. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council August 23, 2010
Regular Meeting Page 7
1
E. Resolution 7581, Approving Step and Wage Adjustment for James Ericson, 2
City Administrator. 3
4
City Administrator Ericson indicated he was appointed the interim Clerk-Administrator in 5
September of 2007 and appointed the permanent administrator effective February 11, 2008. His 6
supervisors, the Mounds View City Council, reviewed his performance as it relates to his 7
responsibilities outlined in the job description and in accordance with the expectations articulated 8
in previous job performance evaluations, at the January 25, 2010, Executive Session. It was 9
determined that Mr. Ericson is either meeting or exceeding stated expectations and understood 10
the 2011 budget year would be challenging. He recommended the Step 4 adjustment be 11
implemented on January 1, 2011 for City Administrator James Ericson and not be retroactive, 12
consistent with the Employment Agreement on file. 13
14
Council Member Mueller noted the step and wage increase would not be retroactive and 15
questioned if this was all right Mr. Ericson. City Administrator Ericson understood the budget 16
climate and was in favor of the step increase on January 1st. 17
18
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7581, 19
Approving Step and Wage Adjustment for James Ericson, City Administrator with an effective 20
date of January 1, 2011. 21
22
Council Member Stigney thanked Administrator Ericson for his dedication to the City. 23
24
Council Member Hull agreed stating Administrator Ericson was working for the betterment of 25
the City and its residents. 26
27
Mayor Flaherty also thanked Administrator Ericson for his service to Mounds View. 28
29
Council Member Gunn stated the Council made the right decision by hiring James as the City 30
Administrator. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
8. CONSENT AGENDA 35
36
Council Member Mueller requested Item B be pulled from the Consent Agenda for further 37
discussion. 38
39
Council Member Stigney requested Item D be pulled from the Consent Agenda for additional 40
discussion. 41
42
A. Licenses for Approval. 43
Mounds View City Council August 23, 2010
Regular Meeting Page 8
B. Resolution 7654 (updated), Approving Continued Participation in the 1
Metropolitan Livable Communities Act, and Establishing New Affordable 2
and Life-Cycle Housing Goals for the Years 2011 through 2020. 3
C. Resolution 7665, Renewal of Training Contract with Century College. 4
D. Resolution 7666, Authorizing Olsen Fire Inspection, Inc. to Replace a Fire 5
Alarm Panel located at the Mounds View Community Center. 6
7
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items A and C. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
B. Resolution 7654 (updated), Approving Continued Participation in the 12
Metropolitan Livable Communities Act, and Establishing New Affordable 13
and Life-Cycle Housing Goals for the Years 2011 through 2020. 14
15
Council Member Mueller noted the Livable Communities Act was a goal and priority for the 16
City. The Council does look at the quality of life in Mounds View and if this were not approved, 17
the City would not receive grants or loans under the Metropolitan Livable Communities Act. 18
19
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7654 20
(updated), Approving Continued Participation in the Metropolitan Livable Communities Act, and 21
Establishing New Affordable and Life-Cycle Housing Goals for the Years 2011 through 2020. 22
23
Mayor Flaherty requested the date in the title of the be corrected. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
D. Resolution 7666, Authorizing Olsen Fire Inspection, Inc. to Replace a Fire 28
Alarm Panel located at the Mounds View Community Center. 29
30
Council Member Stigney suggested the problematic alarm panel be removed from the locker 31
room. City Administrator Ericson explained the smoke alarms that were malfunctioning would 32
be removed as they were unnecessary. The panel issue was called to the City’s attention and the 33
City has determined to replace it, as parts were no longer available to repair it. 34
35
Council Member Stigney questioned if staff could remove the fire detectors. City Administrator 36
Ericson noted it would be more efficient to have Olson complete the work. He stated if the City 37
could complete the work for a less expense it would be done, understanding the majority of the 38
expense was the work needed for the new fire panel. 39
40
Mayor Flaherty asked why the smoke detectors were installed when they were not needed. City 41
Administrator Ericson indicated the City was going the extra mile and fire code has changed 42
since the locker rooms were added. 43
44
Mounds View City Council August 23, 2010
Regular Meeting Page 9
MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7666, 1
Authorizing Olsen Fire Inspection, Inc. to Replace a Fire Alarm Panel located at the Mounds 2
View Community Center. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
9. JUST AND CORRECT CLAIMS 7
8
Finance Director Beer answered the Council's questions related to claims. 9
10
MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as Presented. 11
12
Ayes – 5 Nays – 0 Motion carried. 13
14
10. APPROVAL OF MINUTES 15
A. August 9, 2010, City Council Meeting Minutes. 16
17
Council Member Stigney stated on Page 6, Line 43, “he” should be changed to “the.” 18
19
MOTION/SECOND: Gunn/Hull. To Approve the August 9, 2010, City Council Meeting 20
Minutes as corrected. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
11. REPORTS 25
A. Reports of Mayor and Council. 26
27
Mayor Flaherty noted Festival in the Park went very well this past weekend, the Car Show was 28
tremendous. He thanked all of the volunteers, the Festival Committee and Assistant City 29
Administrator Crane for all of her work. 30
31
Council Member Gunn noted the Festival was great. She explained she sat at the Beyond the 32
Yellow Ribbon booth and gained a great deal of interest at the Festival. Council Member Gunn 33
would continue her efforts to get this initiative started in the City. 34
35
Council Member Mueller reported the Car and Tractor Show winners were submitted to the 36
paper. She thanked all of the sponsors, local businesses and Boy Scout troops involved in the 37
Car and Tractor Show. Council Member Mueller also thanked all those who assisted in 38
promoting the show. The City was honored to have a State Patrol vehicle at the show and then 39
she announced each winner at the car show. 40
41
Mayor Flaherty thanked Council Member Mueller for all of her work on the Car and Tractor 42
Show. 43
44
B. Reports of Staff. 45
Mounds View City Council August 23, 2010
Regular Meeting Page 10
1
City Administrator Ericson indicated that the fall issue of the Mounds View Matters would be 2
delivered in the next week or so. He explained he met with the North Metro Mayors Association 3
last week and further discussed joint purchasing and the City would look to have materials and 4
products for water treatment included in the joint purchasing agreement. There was a real 5
opportunity for savings on these items. 6
7
City Administrator Ericson reviewed the September work session agenda with the Council. 8
9
1. Finance Quarterly Report. 10
11
Finance Director Beer reviewed the quarterly finance report with the Council in detail. He 12
explained revenues were down due to the state of the economy but he was not concerned going 13
into the 2011 budget cycle. Finance Director Beer stated the remainder of the year would be 14
work on the budget. 15
16
Council Member Mueller questioned if any unfunded mandates would be going away with the 17
next budget cycle. Finance Director Beer was not aware of any proposed changes. 18
19
Council Member Stigney asked for additional information on the franchise fees per TIF district. 20
Finance Director Beer stated this information was tracked by the utility companies and not by the 21
City. Xcel was the sole keeper of that information. 22
23
C. Reports of City Attorney. 24
25
City Attorney Riggs presented the Council with a brief memo. 26
27
12. Next Council Work Session: Tuesday, September 7, 2010, at 7:00 p.m. 28
Next Council Meeting: Monday, September 13, 2010, at 7:00 p.m. 29
30
13. ADJOURNMENT 31
32
The meeting was adjourned at 9:02 p.m. 33
34
Transcribed by: 35
36
Carla Wirth 37
TimeSaver Off Site Secretarial, Inc. 38
374066v2 SJR MU125-11
Kennedy 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
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 22, 2010
To: Jim Ericson, City Clerk-Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Review and revise data practices policy. Consult with City staff regarding same.
Additional updates regarding tattoo and body-piercing ordinance and forward to
City staff. Consult with City staff regarding same. Review recreational fire
ordinance and consult with City staff regarding same. Consult with City staff
regarding changing hours for liquor sales. Matters are presently pending.
MU125-47: General Zoning Matters. Consult with City staff regarding variance standards and
the Krummacher legal ruling.
MU125-60: Election Matters. Review election ballots. Draft comments and forward same to
City staff. Matter is presently pending.
MU210-5: Real Estate Matters. Review and revise proposed Dell-Comm Lease and
easement. Consult with City staff re project. Matter is presently pending.
MU210-106: General Labor Matters. Review and consult with City staff regarding mediation
of labor contract, labor negotiations, etc. Matter is presently pending.
MU210-179: 2009-2010 Street Improvement Project. Begin research on parking/right of way
issue near multifamily housing. Consult with City staff. Matter is presently
pending.
374066v2 SJR MU125-11
MU210-180: Sommers v. City. Review summary judgment motion papers. Motion hearing is
currently scheduled for September 23, 2010. Matter is presently pending.
MU210-189: Coventry Senior Living Project. Review plat and other documents. Draft plat
opinion and forward same to City staff. Matter is presently pending.
MU210-190: 2010 LELS Arbitration. Consult with City staff regarding arbitration matter.
Review and respond to data practices request. Draft documents and legal research
in preparation for arbitration. Prepare for and attend arbitration. Matter is
presently pending.
MU210-192: Senior Housing Revenue Bonds, Series 2010 (Select Senior Living). Work on
project financing aspects. Draft project documents. Matter is presently pending.
SJR:jms