HomeMy WebLinkAboutAgenda Packets - 2009/08/24CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, August 24, 2009
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. Mrs. Senior Mounds View - Shirley Manson
7. COUNCIL BUSINESS
A. 7:05 p.m. Public Hearing: Second Reading and Adoption of Ordinance 825,
Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within
the City of Mounds View.
B. 7:10 p.m. Public Hearing: Second Reading and Adoption of Ordinance 826,
Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations within the
City of Mounds View.
C. 7:15 p.m. Public Hearing: Second Reading and Adoption of the Following Zoning
Code Amendments: (ROLL CALL VOTES)
1. Ordinance 827, Amending Chapter 1104.01, Subd. 5c, of the Zoning Code to
Remove the Word “decks” from Allowed Encroachments.
2. Ordinance 829, Amending Chapter 1111 of the Zoning Code to Remove R-O,
Residential-Office Zoning District.
3. Ordinance 830, Amending Chapter 1116.02 of the Zoning Code to Allow a total of
800 Gallons of Flammable Liquid in Industrial Districts without a Conditional Use
Permit.
4. Ordinance 831, Amending Chapter 1103.18 of the Zoning Code about the location
of 36 inch or less diameter Satellite Dishes.
5. Ordinance 833, Amending Chapter 1113.04 of the Zoning Code to Add Car
Washes as a Conditional Use in B-2 Zoning Districts.
D. Resolution 7486, Consideration of a Conditional Use Permit and Development Review
for a New Car Wash at The Station, 2280 County Road I.
E. Second Reading and Adoption of Ordinance 809, Vacating a 17.5 foot Surface
Water Easement on Greenfield Estates Property, 7521-7661 Greenfield Avenue.
F. Resolution 7488, Approving Step Increases for Tyler Martin (Public Service
Officer), Mary Springer (Receptionist/Recycling Coordinator) and Vanessa Van
Alstine (Cable TV Coordinator).
G. Resolution 7490, Authorization to Contract with the City of Blaine for Building
Inspection Services through Remainder of 2009
H. Resolution 7489 Approving Renewal of a Legal Services Agreement with Kennedy
& Graven, Chartered.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7487 Approving the Mounds View Cable Committee By-laws
C. Resolution 7491 Accepting a Donation from Bethlehem Baptist Church
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. July 27, 2009, City Council Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Announce the City Council/Staff Retreat Scheduled for Monday, August 31, 2009.
2. Discuss Airport Advisory Commission Vacancy.
C. Reports of City Attorney
12. Next Council Work Session: Tuesday, September 8, 2009, at 7:00 p.m.
Next Council Meeting: Monday September 14, 2009, at 7:00 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, August 24, 2009
7:00 p.m.
(Revised as of August 24, 2009, at 9am)
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. Mrs. Senior Mounds View - Shirley Manson
7. COUNCIL BUSINESS
A. 7:05 p.m. Public Hearing: Second Reading and Adoption of Ordinance 825,
Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within
the City of Mounds View.
B. 7:10 p.m. Public Hearing: Second Reading and Adoption of Ordinance 826,
Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations within the
City of Mounds View.
C. 7:15 p.m. Public Hearing: Second Reading and Adoption of the Following Zoning
Code Amendments: (ROLL CALL VOTES)
1. Ordinance 827, Amending Chapter 1104.01, Subd. 5c, of the Zoning Code to
Remove the Word “decks” from Allowed Encroachments.
2. Ordinance 829, Amending Chapter 1111 of the Zoning Code to Remove R-O,
Residential-Office Zoning District.
3. Ordinance 830, Amending Chapter 1116.02 of the Zoning Code to Allow a total of
800 Gallons of Flammable Liquid in Industrial Districts without a Conditional Use
Permit.
4. Ordinance 831, Amending Chapter 1103.18 of the Zoning Code about the location
of 36 inch or less diameter Satellite Dishes.
5. Ordinance 833, Amending Chapter 1113.04 of the Zoning Code to Add Car
Washes as a Conditional Use in B-2 Zoning Districts.
D. Resolution 7486, Consideration of a Conditional Use Permit and Development Review
for a New Car Wash at The Station, 2280 County Road I.
City Council Agenda
Monday, August 24, 2009
Page 2
7. COUNCIL BUSINESS - Continued
E. Second Reading and Adoption of Ordinance 809, Vacating a 17.5 foot Surface
Water Easement on Greenfield Estates Property, 7521-7661 Greenfield Avenue.
F. Resolution 7488, Approving Step Increases for Tyler Martin (Public Service
Officer), Mary Springer (Receptionist/Recycling Coordinator) and Vanessa Van
Alstine (Cable TV Coordinator).
G. Resolution 7490, Authorization to Contract with the City of Blaine for Building
Inspection Services through Remainder of 2009
H. Resolution 7489, Approving Renewal of a Legal Services Agreement with Kennedy
& Graven, Chartered.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7487, Approving the Mounds View Cable Committee By-laws.
C. Resolution 7491, Accepting a Donation from Bethlehem Baptist Church
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. July 27, 2009, City Council Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Announce the City Council/Staff Retreat Scheduled for Monday, August 31, 2009.
2. Discuss Airport Advisory Commission Vacancy.
C. Reports of City Attorney
12. Next Council Work Session: Tuesday, September 8, 2009, at 7:00 p.m.
Next Council Meeting: Monday September 14, 2009, at 7:00 p.m.
Item No: 7.A.
Meeting Date: August 24, 2009
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Public Hearing, Second Reading and Adoption of
Ordinance 825, an Ordinance Implementing a Franchise
Fee on Center Point Energy Natural Gas Operations
within the City of Mounds View
Attached is an ordinance to receive a second reading and adoption by roll call vote. A
notice of the Public Hearing was published in the Sun Focus. On August 10th, the City
Council voted 3 to 2 to increase the franchise fee by the amount allowed under the City
charter. Inflation numbers were released by the Bureau of Labor Statistics on August
14th for the Minneapolis/Saint Paul area and the 12 month rate was a 1% decline. The
charter limits the fee increase to 2% plus inflation or 5% whichever is less. The
franchise fee could increase by 1%. (2% -1% = 1%) (3.75% x 1.01 = 3.79%) (This
incremental increase would add $.96 per year per household based on $200 per month
gas/electric bill)
This ordinance continues the agreement with Center Point Energy under which Center
Point Energy will collect a franchise fee in the amount of 3.79% of Center Point’s natural
gas gross operating revenues for services within the City of Mounds View during the
year 2010.
It has been the practice to include a sunset provision in the ordinance requiring it to be
re-enacted each year. Franchise fees collected under this agreement are minimal due
to Center Point Energy’s small customer base within the City of Mounds View.
This is a roll call vote. Staff would request that a summary ordinance be published in
the Sun Focus as allowed by City Charter. The ordinance would be effective 30 days
after publication.
Respectfully Submitted,
Mark Beer
ORDINANCE NO. 825
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER
POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF
MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended
to include reference to the following Special Ordinance.
Subdivision 1. Purpose - The Mounds View City Council has determined that it is
in the best interest of the City to impose a franchise fee on those public utility
companies that provide natural gas and electric services within the City of Mounds
View.
a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the
City and Center Point Energy (formerly Reliant, formerly Minnegasco), the City
has the right to impose a franchise fee of not more than four (4) percent on
Minnegasco in amount and fee designs as set forth in Section 4.1 of the
Minnegasco Franchise.
Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on
Center Point Energy under its natural gas Franchise Agreements in the amount of three
and seventy-nine hundredths (3.79) percent of Center Point Energy’s gross revenues,
as defined in Section 4.1 of the Franchise Agreements commencing with Center Point
Energy’s January 2010 billing month.
Subd. 3. Payment. The said franchise fee shall be payable to the City in
accordance with the terms set forth in Section 4.4 of the Franchise.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission requires each said utility company to add to its effective rates for the utility
service on which the public utility gross earnings fee is imposed, a surcharge to
reimburse such utility company for the cost of the fee.
Subd. 5. Proof of Company Gross Revenues. Center Point Energy shall make
each payment when due and shall quarterly furnish a complete and correct statement of
gross revenues for said quarter. Center Point Energy shall permit the City and its
designated representative free access to the company’s records for the purpose of
verifying such statements.
Subd. 6. Enforcement. Any dispute, including enforcement of a default
regarding this ordinance will be resolved in accordance with the Franchise Agreement.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of
this ordinance and notwithstanding any contrary provisions in Section 4 of the
Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is
the later of ten (10) days after the publication and after the sending of written notice
enclosing a copy of this adopted ordinance upon Center Point Energy by certified mail.
Subd. 8. Sunset Clause. This ordinance shall automatically sunset on
December 31, 2010.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Mounds View this 10th day of August, 2009.
Read and passed by the City Council of the city of Mounds View this 24th day of
August, 2009.
Publication Date: September 3, 2009
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
Jim Ericson, City Clerk-Administrator
(SEAL)
ORDINANCE SUMMARY
ORDINANCE NO. 825
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT
ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW
On August 24, 2009, the Mounds View City Council adopted an ordinance which
continues a franchise fee on Center Point Energy natural gas operations within the City
of Mounds View for the year 2010.
A copy of Ordinance 825 is on file and available for public viewing at the office of the
Clerk-Administrator. The ordinance is also posted in its entirety on the City’s website,
located at www.ci.mounds-view.mn.us.
__________________________________
Jim Ericson, City Clerk-Administrator
Item No: 7.B.
Meeting Date: August 24, 2009
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Public Hearing, Second Reading and Adoption of
Ordinance 826, an Ordinance Implementing a Franchise
Fee on Xcel Energy Electric and Natural Gas Operations
within the City of Mounds View
Attached is an ordinance to receive a second reading and adoption by roll call vote. A
notice of the Public Hearing was published in the Sun Focus. On August 10th, the City
Council voted 3 to 2 to increase the franchise fee by the amount allowed under the City
charter. Inflation numbers were released by the Bureau of Labor Statistics on August
14th for the Minneapolis/Saint Paul area and the 12 month rate was a 1% decline. The
charter limits the fee increase to 2% plus inflation or 5% whichever is less. The
franchise fee could increase by 1%. (2% -1% = 1%) (3.75% x 1.01 = 3.79%) (The
incremental increase would add $.96 per year per household based on $200 per month
gas/electric bill)
This ordinance continues the agreement with Xcel Energy under which Xcel Energy will
collect a franchise fee in the amount of 3.79% of Xcel’s electric and natural gas gross
operating revenues for services within the City of Mounds View during the year 2010.
The 20-year term runs from 1993 through 2012 and the franchise fee was first collected
in 1993. It has been the practice to include a sunset provision in the ordinance that
requires it to be re-enacted each year.
This is a roll call vote. Staff would request that a summary ordinance be published in
the Sun Focus as allowed by City Charter. The ordinance would be effective 30 days
after publication.
Respectfully Submitted,
Mark Beer
ORDINANCE NO. 826
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL
ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE
CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended
to include reference to the following Special Ordinance.
Subdivision 1. Purpose. The Mounds View City Council has determined that it is
in the best interest of the City to impose a franchise fee on those public utility
companies that provide natural gas and electric services within the City of Mounds
View.
a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the
Franchise Agreements (“Franchise Agreements”) between the City of Mounds
View (the “City”) and Xcel Energy (formerly Northern States Power Company), a
franchise fee of not more than four (4.0) percent of Xcel Energy’s gross operating
revenues may be imposed by the City at any time during the 20 year term of the
Franchise. The franchise fee is paid as full compensation for the rights to
transmit and furnish electric energy for light, heat, power and import, transport,
sell and distribute natural gas for heating, illuminating and other purposes as
outlined in Section 2 of Ordinance Nos. 517 and 518.
Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel
Energy under its electric and natural gas Franchise Agreements in the amount of three
and seventy-nine hundredths (3.79) percent of Xcel Energy’s gross revenues, as
defined in Section 4.2 of the Franchise Agreements, commencing with Xcel Energy’s
January 2010 billing month.
Subd. 3. Payment. The said franchise fee shall be payable to the City in
accordance with the terms set forth in Section 4 of the Franchise Agreements.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission requires each said utility company to add to its effective rates for the utility
service on which the public utility gross earnings fee is imposed, a surcharge to
reimburse such utility company for the cost of the fee.
Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make each
payment when due and shall monthly furnish a complete and correct statement of gross
revenues for said month. Xcel Energy shall permit the City and its designated
representative free access to the company’s records for the purpose of verifying such
statements.
Subd. 6. Enforcement. Any dispute, including enforcement of a default
regarding this ordinance will be resolved in accordance with the Franchise Agreements.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of
this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise
Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance
is the later of ten (10) days after the publication and after the sending of written notice
enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail.
Subd. 8. Sunset Clause. This ordinance shall automatically sunset on
December 31, 2010.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Mounds View this 10th day of August, 2009.
Read and passed by the City Council of the city of Mounds View this 24th day of August,
2009.
Publication Date: September 3, 2009.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
Jim Ericson, City Clerk-Administrator
(SEAL)
ORDINANCE SUMMARY
ORDINANCE NO. 826
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY
ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS
On August 24, 2009, the Mounds View City Council adopted an ordinance which
continues a franchise fee on Xcel Energy electric and natural gas operations within the
City of Mounds View for the year 2010.
A copy of Ordinance 826 is on file and available for public viewing at the office of the
Clerk-Administrator. The ordinance is also posted in its entirety on the City’s website,
located at www.ci.mounds-view.mn.us.
__________________________________
Jim Ericson, City Clerk-Administrator
Item No: 7C
Meeting Date: August 24, 2009
Type of Business: Public Hearing
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Second Reading and Adoption of Zoning Code
Amendments, Ordinances 827, 829,830,831 and 833
(ROLL CALL VOTES)
Introduction:
Over the past few years, Community Development staff has been compiling a list of city
code amendments that should be made. The discovery of a needed code amendment
comes about in many ways, such as, something in the community or general practices
change, staff discovers that there is a better way to operate, issues or requests from
residents, city attorney recommendations or by request from a property owner.
Discussion:
The Planning Commssion and City Council has reviewed and approved the following list of
code amendments. Staff recommends that the City Council hold the second reading and
adopt the following ordinances:
• Ordinance 827: Removes the word “decks” from allowed encroachments (Chapter
1104.01 Subd. 5c)
• Ordinance 829: Removes the R-O, Residential-Office zoning district (Chapter 1111)
• Ordinance 830: Flammable liquids in Industrial districts limited to 800 gallons without
a conditional use permit (Chapter 1116.02)
• Ordinance 831: Addresses the location of 36 inch or less satellite dish antennas
(Chapter 1103.18)
• Ordinance 833: Adds car washes as an allowed conditional use in B-2 zoning district
(Chapter 1113.04)
The City Council approved the first reading of these ordinances on July 27 and August 10,
2009.
Code Amendments Staff Report
Second Reading and Adoption
Page 2
Recommendation:
Approve the second reading and adoption of Ordinances 827, 829, 830, 831 and 833. Staff
also recommends the Council consent to the publication of a summary for each of the
ordinances as authorized by City Charter section 3.07.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Ordinance 827
2. Ordinance 827 Summary
3. Ordinance 829
4. Ordinance 829 Summary
5. Ordinance 831
6. Ordinance 831 Summary
7. Ordinance 833
8. Ordinance 833 Summary
ORDINANCE NO. 827
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1104.01 OF THE MOUNDS VIEW ZONING
CODE, PERTAINING TO BUILDING ENCROACHMENT REGULATIONS
The City of Mounds View ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100,
Chapter 1104 of the Mounds View Zoning Code pertaining to “Encroachments” by deleting
the stricken language and adding the underlined text as follows:
Chapter 1104.01, Subd. 5. Encroachments:
c. Terraces, steps, decks, stoops or similar features; provided they do not
extend above the height of the ground floor level of the principal structure or
to a distance less than two (2’) feet from any lot line.
SECTION 2. This ordinance takes effect 30 days after its publication in the official City
newspaper.
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the City Council of the City
of Mounds View this 10th day of August, 2009.
SECOND READING AND ADOPTION by the City Council of the City of Mounds View this
24th day of August, 2009.
PUBLICATION DATE: September 3, 2009
ATTEST:
_____________________________________
Mayor
(seal) _____________________________________
City Clerk-Administrator
ORDINANCE SUMMARY
ORDINANCE NO. 827
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1104 OF THE MOUNDS VIEW ZONING
CODE TO REMOVE “DECKS” FROM ALLOWED ENCROACHMENTS
On August 24, 2009, the Mounds View City Council adopted an ordinance that adds language
to the City’s zoning code to remove the word “decks” from the allowed encroachments in
Chapter 1104.01.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
ORDINANCE NO. 829
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE BY
DELETING CHAPTER 1111 PERTAINING TO THE
R-O, RESIDENTIAL/OFFICE ZONING DISTRICT
The City of Mounds View ordains:
SECTION 1. Chapter 1111, R-O, Residential-Office District of the Mounds View City
Code is hereby deleted in its entirety.
SECTION 2. The City Council of the City of Mounds View hereby amends Chapter 1008 of
the Mounds View Zoning Code, pertaining to signs by deleting the stricken language as
follows:
Chapter 1008.09, Subd. 2. and Chapter 1008.09, Subd. 3
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 R-
O B-1 B-2 B-3 B-4 I-1 CRP PUD
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
32 100
8 24 24 24 No *
Window No No No No No No Yes Yes Yes Yes No No *
Identification 2 2 2 2 2 2 4 4 8 8 8 4 *
Temporary Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Real Estate 10 10 32 32 10 32 32 32 32 32 64 32 32
Home
Occupation 1 1 No No 1 No No No No No No No No
Campaign Yes 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 No
Directional No** No** 4 4 4 4 4 4 8 8 8 8 8
Construction 8 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 1
* Signage requirements within a PUD shall be as allowed by the PUD Narrative document. If no such
document exists, signage shall be as permitted for a B-3 zoning district.
** Directional signs may be allowed within right of ways upon written approval of the City, the appropriate
governmental agency having jurisdiction over the road way (if not the City) and the owner of the property
directly abutting said sign. (Ord. 679, 5-29-01; Ord. 769, 5-8-06)
Ordinance 829
Page 2
Subd. 3. Ground Sign Height, by District: The following table represents the maximum
height allowed for ground signs in each zoning district.
R-1 R-2 R-3 R-4 R-5 R-O B-1 B-2 B-3 B-4 I-1 CRP PU
D
(1)(1)8 8 8 8 20 20(3)35(3)35 35(3)35(3)(2) (3)
(1) No ground sign, other than home occupation, campaign, real estate, incidental
and temporary signs shall be allowed in these districts.
(2) Signage requirements within a PUD shall be as indicated by the PUD Narrative
document. If no such document exists, signage shall be as allowed for a B-3
zoning District. (Ord. 679, 5-29-01)
(3) Maximum billboard sign height in some locations is 45 feet. Refer to Section
1008.10, subdivision 6 of this Code. (Ord. 769, 5-8-06).
Chapter 1008.10 Subd. 2
d. In the R-0 and B-1 zoning districts, the area allowance, as indicated in
Section 1008.08, subdivision 2, reflects the combined area for all wall,
ground and projection signage on that lot. (Ord. 679, 5-29-01)
SECTION 3. The City Council of the City of Mounds View hereby amends Chapter 1104 of
the Mounds View Zoning Code by deleting the stricken language and adding the
underlined text as follows:
Chapter 1104.01 Subd. 3, Setbacks for Principal Buildings
District Front
Yard Side Yard Rear Yard
Minimu
m
Minimum When Abuts
Residential
Minimum When
Abuts
Residential
R-1 30 a.d. 10 b. 30d.
R-2 30 a.d. 10 b. 30d.
R-3 30 10 c. 20 c. 30 40
R-4 30 20 c. 20 c. 30 50
R-5 -- As required under Chapter 1110.05 of this Title --
R-O 20 c.20 c.30 50
B-1 30 10 c. 20 c. 20 30
B-2 30 10 c. 20 c. 20 30
Ordinance 829
Page 3
B-3 30 10 c. 20 c. 20 40
B-4 30 10 c. 30 30 40
I-1 40 20 c. 40 40 40
PUD -- As required under Chapter 1120 of this Title --
Chapter 1104.01. Yard Requirements:
Subd. 4. Minimum Setbacks for Accessory Buildings, Driveways and Parking Areas:
a. Accessory Buildings (detached from a principal building): (Ord. 590, 11-25-96)
(1) R-1, R-2, R-3, R-4, and R-5 and R-O:
(a) front: no accessory building shall be located between the front of the
principal building and the front lot line. (Ord. 590, 11-25-96)
(b) side: five feet (5') except the minimum setback shall be thirty feet
(30') from any lot line abutting a public street. (Ord. 590, 11-25-96)
(c) rear, including street frontages at the rear of through lots: five feet
(5'). (Ord. 590, 11-25-96)
c. Parking Areas:
(1) R-1, R-2, R-3, R-4, and R-5, R-O:
(a) Residential uses: Parking lots and driveways shall be set back
five feet (5'). Where a parking area would encroach into an
easement, the property owner shall obtain approval for an
encroachment permit if required by the appropriate authority prior
to construction of the driveway. (Ord. 524, 2-22-93; Ord. 590, 11-
25-96; Ord. 620, 7-27-98; Ord. 642, 1-10-00; Amended, Ord.
752, 9-13-04)
Chapter 1104.02. Area and Building Size Regulations:
Subd. 2. Lot Dimensions: Lot width and area shall not be less than the following:
a. Width
(1) R-1 interior lot 75 feet
Ordinance 829
Page 4
(2) R-1 corner lot, R-2, R-3, and R-4, R-0 100 feet
Subd. 3. Height Limitations:
b. R-4, R-0 Districts: No building or structure shall have a height greater than three (3)
stories.
SECTION 4. The City Council of the City of Mounds View hereby amends Chapter 1105 of
the Mounds View Zoning Code, pertaining to zoning districts and map by deleting the
stricken language and adding the underlined text as follows:
Chapter 1105.01: Districts Established:
Subd. 1. Establishment of Districts: The following zoning classifications are hereby
established within the City:
a. Residential Districts:
R-1, Single-Family Residential District
R-2, Single- and Two-Family Residential District
R-3, Medium Density Residential District
R-4, High Density Residential District
R-5, Mobile Home District
R-0, Residential/Office District
SECTION 5. The City Council of the City of Mounds View hereby amends Chapter 1121 of
the Mounds View Zoning Code, pertaining to off-street parking requirements by deleting the
stricken language as follows:
1121.09: STALL, AISLE AND DRIVEWAY DESIGN:
Subd. 1. Dimensions:
b. Maximum Residential Driveway Widths: (For the purpose of this subsection,
the width of a driveway in an R-1, R-2 or R-5 District shall include any parallel-
attached parking area):
Ordinance 829
Page 5
Residential Zoning District Maximum Driveway Width
R-1, Single-Family Residential Thirty-five feet (35') or the width of the garage
plus an additional twelve feet (12'), whichever
is greater.
R-2, Zero Lot Line Subdivisions Width of the garage servicing dwelling unit.
(Refer to Section 1107.07, subdivision. 3d
and 3e of this Title if driveways are
combined.).
R-2, Single and Two-Family Residential If driveways are separate, width of the garage
or twenty feet (20'), whichever is greater: If
combined, width of garages or thirty-six feet
(36'), whichever is greater.
R-3, Medium Density Residential and
R-4, High Density Residential, and
R-O, Residential-Office
Thirty-two feet (32')
R-5, Mobile Home Park Twenty-four feet (24')
Subd. 5. Curb Cuts and Driveway Openings:
b. Curb Cut Widths. Widths of curb cuts shall be as follows, subject to
requirements of Subdivision 5e hereof:
Type of Land Use Maximum Width of Curb Cut
Single Family Residential (R-1)
Manufactured Homes (R-5)
24 Feet
Zero Lot Line Subdivisions (R-2)
(with separate driveways)
20 Feet
Zero Lot Line Subdivisions (R-2)
(with combined driveways)
36 Feet
Medium Density Residential (R-2, R-3)
High Density Residential (R-4)
Residential Office (R-O)
32 Feet
Commercial, Industrial
(B-1, B-2, B-3, B-4, I-1)
32 Feet
Public Parks & Preservation Areas
(R-1, CRP)
32 Feet
Ordinance 829
Page 6
SECTION 6.
Chapter 1124.03: Allowance for Towers and Antennae by Zoning District:
Subd. 2. Conditional Uses, Specific Districts: Wireless telecommunication towers and
antennae shall be allowed with the approval of a conditional use permit in the zoning
districts specified in the table below and in accordance with the co-location
requirements stated in Section 1124.04, siting requirements and design criteria stated
in Section 1124.05, and the procedural requirements stated in Section 1124.06. The
procedure for review and action on conditional use permits shall be as stated in Section
1125.01. Conditional use permits are not required for towers and/or antennae used by
the City for City purposes or public agencies for public safety purposes; or for repair,
adjustment or replacement of the elements of a wireless telecommunication antenna
array affixed to a tower, if the repair, replacement or adjustment does not reduce
acceptable safety standards. The height limitations listed in the following table shall
include all parts of the wireless telecommunication tower and antenna structure except
for that space needed for lightening diffusion apparata. (Ord. 588, 2-10-97)
Zoning Districts Height Limitations With Co-
location
R-1, R-2, R-3, R-4, R-5,
R-O
(antennae only)
10 feet above the height of the roof, allowed
only if mounted on educational facilities,
religious institutions, government or public
utility buildings; or in “upward thrusting
architectural elements” such as church
steeples, bell towers or smokestacks1
N/A
B-1, B-2 75 Feet 95 Feet 2
B-3, B-4, PUD
(Commercial PUDs
only.) 3
100 Feet 120 Feet 2
I-1, PUD
(Industrial PUDs only.) 3 150 Feet N/A
CRP and City-Owned
Land Zoned R-1
100 feet, allowed only if incorporated into new
or existing facilities or structures, such as
using the tower as a light standard for ball
fields or parking areas, or into mature tree
stands that provide a suitable screen for at
least half the height of the tower.
120 Feet 2
SECTION 7. This ordinance takes effect 30 days after its publication in the official City
newspaper.
Ordinance 829
Page 7
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the City Council of the
City of Mounds View this 10th day of August, 2009.
SECOND READING AND ADOPTION by the City Council of the City of Mounds View this
24th day of August, 2009.
PUBLICATION DATE: September 3, 2009
ATTEST:
_____________________________________
Mayor
(seal) _____________________________________
City Clerk-Administrator
ORDINANCE SUMMARY
ORDINANCE NO. 829
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW ZONING CODE
BY DELETING CHAPTER 1111 PERTAINING TO THE
R-O, RESIDENTIAL/OFFICE ZONING DISTRICT
On August 24, 2009, the Mounds View City Council adopted an ordinance that deletes the
R-O, Residential-Office zoning district and all references to the R-O zoning district in the city
code.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
ORDINANCE NO. 830
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1116 OF THE MOUNDS VIEW ZONING
CODE, PERTAINING TO THE STORAGE OF FLAMMABLE LIQUIDS IN
INDUSTRIAL DISTRICTS
The City of Mounds View ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100,
Chapter 1116 of the Mounds View Zoning Code pertaining to “Storage of Flammable
Liquids” by deleting the stricken language and adding the underlined text as follows:
1116.02: PERMITTED USES: The following are permitted uses in an I-1 District:
Flammable liquids: Above ground storage not to exceed a total of 800 gallons;
underground bulk storage only, not to exceed twenty five thousand (25,000) gallons if
located not less than fifty feet (50”) from a residential district.
Chapter 1116.04: Conditional Uses: The following are conditional uses in an I-1 District
(requiring a conditional use permit based upon procedures set forth in and regulated by
Section 1125.01 of this Title):
Subd. 20. Storage of flammable liquids over 800 gallons above ground. (1988 Code
§40.20)
SECTION 2. This ordinance takes effect 30 days after its publication in the official City
newspaper.
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the City Council of the
City of Mounds View this 10th day of August, 2009.
SECOND READING AND ADOPTION by the City Council of the City of Mounds View this
24th day of August, 2009.
PUBLICATION DATE: September 3, 2009
ATTEST:
_____________________________________
Mayor
(seal) _____________________________________
City Clerk-Administrator
ORDINANCE SUMMARY
ORDINANCE NO. 830
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1116 OF THE MOUNDS VIEW ZONING
CODE, PERTAINING TO THE STORAGE OF FLAMMABLE LIQUIDS IN
INDUSTRIAL DISTRICTS
On August 24, 2009, the Mounds View City Council adopted an ordinance that allows up to
800 gallons of flammable liquid to be stored above ground in industrial zoning districts without
a conditional use permit.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
ORDINANCE 831
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1103 OF THE MOUNDS VIEW ZONING
CODE TO ADDRESS 36 INCH OR LESS DIAMETER SATELLITE DISH ANTENNAS
The City of Mounds View ordains:
SECTION 1: Chapter 1103 of the Mounds View Municipal Code is hereby amended with the
proposed additions underlined and the deletions stricken as follows:
Chapter 1103.18: SATELLITE DISH ANTENNAS:
Subd. 1. Residential Districts: The installation of satellite dish antennas over 36” in diameter
in R-1, R-2 and R-5 Residential Districts shall meet the following requirements:
a. The maximum dish diameter shall be twelve feet (12').
b. A dish with a diameter larger than three feet (3') shall not be installed on any
structure, building, garage or accessory building but shall be ground mounted.
c. A dish shall not be installed in a front yard or side yard.
d. The location of a dish shall satisfy building setback requirements of subdivision
1104.01(3) of this Title and solar sky space easement requirements of Section 1103.04
of this Chapter.
e. The total height of the installation shall not exceed fifteen feet (15').
f. A building permit is required prior to installation.
g. The installation shall comply with Federal Communication Commission regulations.
Subd. 2. Other Zoning Districts: Installation of satellite dish antennas in other zoning districts
shall meet the following requirements:
a. The location of a dish shall satisfy building setback requirements of subdivision
1104.01(3) of this Title and solar sky space easement requirements of Section 1103.04
of this Chapter. (1988 Code §40.04)
Ordinance 831
Page 2
Subd. 3. All Zoning Districts: Installation of satellite dish antennas 36” or less in diameter
shall meet the following requirements:
a. A satellite dish shall not be installed in a public right-of-way, public easement or
wetland.
SECTION 2. 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 July 27, 2009.
Second Reading and Adoption by the Mounds View City Council on August 24, 2009.
PUBLICATION DATE: September 3, 2009
__________________________
Joe Flaherty, Mayor
ATTEST:
__________________________
James Ericson, Clerk-Administrator
(seal)
ORDINANCE SUMMARY
ORDINANCE NO. 831
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1103 OF THE MOUNDS VIEW ZONING
CODE TO ADDRESS 36 INCH OR LESS DIAMETER SATELLITE DISH ANTENNAS
On August 24, 2009, the Mounds View City Council adopted an ordinance stating that 36 inch
or less diameter satellite dish antennas may not be installed in a public right-of-way, public
easement or wetland.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
ORDINANCE NO. 833
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVAL OF AMENDMENTS TO CHAPTER 1113 OF THE
MOUNDS VIEW ZONING CODE TO ADD A CAR WASH AS A
CONDITIONAL USE IN A B-2 ZONING DISTRICT
The City Of Mounds View Ordains:
SECTION 1. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Planning Commission, has hereby determined
that Chapter 1113 of the Mounds View Zoning Code be amended to add car washes as a
conditional use in a B-2 zoning district by deleting the stricken language and adding the
underlined text as follows:
Chapter 1113.04: Conditional Uses:
Subd. 9. Car washes as an accessory use to a neighborhood fuel station (drive through,
mechanical and self-service); provided, that:
a. The architectural appearance and functional plan of the building and site shall not be
so dissimilar to the existing buildings or area as to cause impairment in property values
or constitute a blighting influence within a reasonable distance of the lot.
b. Magazining or stacking space is constructed to accommodate that number of
vehicles that can be washed during a maximum thirty (30) minute period and shall be
subject to the approval of the Director of Public Works/City Engineer.
c. At the boundaries of a residential district, a strip of not less than ten feet (10') shall
be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of
this Title.
d. Each light standard island and all islands in the parking lot shall be landscaped or
covered.
e. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title.
f. The entire area, other than occupied by the building or plantings, shall be surfaced
with material that will control dust, drainage and erosion that is subject to the approval
of the Director of Public Works/City Engineer.
g. The entire area shall have a drainage system that is subject to the approval of the
Director of Public Works/City Engineer.
Ordinance 833
Page 2
h. All lighting shall be hooded and so directed that the light source is not visible from
the public right of way or from an abutting residence and shall be in compliance with
Section 1103.09 of this Title.
i. Vehicular access points shall be limited, shall create a minimum of conflict with
through traffic movement and shall be subject to the approval of the Director of Public
Works/City Engineer.
j. All signing and informational or visual communication devices shall comply with the
Mounds View Sign Code.
k. Provisions are made to control and reduce noise.
l. The provisions of subdivision 1125.01(1)e of this Title are considered and
satisfactorily met.
SECTION 2. 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 10th day
of August, 2009.
PUBLIC HEARING, SECOND READING AND ADOPTION by the Mounds View City
Council this 24th day of August, 2009.
Publication Date: September 3, 2009
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, Clerk-Administrator
(SEAL)
ORDINANCE SUMMARY
ORDINANCE NO. 833
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1113 OF THE
MOUNDS VIEW ZONING CODE TO ADD A CAR WASH AS A
CONDITIONAL USE IN A B-2 ZONING DISTRICT
On August 24, 2009, the Mounds View City Council adopted an ordinance that adds language
to the City’s zoning code to add car washes as a conditional use in B-2 zoning districts.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
Item No: 7D
Meeting Date: August 24, 2009
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: Consideration of a Conditional Use Permit and Development
Review for a Car Wash at “The Station,” 2280 County Rd I:
Planning Cases: CU2009-002 and DE2009-001
Introduction
The applicant, Leon Theis, owns the property and fuel station business at 2280 County
Road I, known as “The Station.” Mr. Theis wants to add a car wash to his existing fuel
station in order to offer another service to his customers. The Station property is zoned B-
2, Limited Business, and all of the other fuel stations in the city are zoned B-3, Highway
Business. Currently the city code only allows car washes as a conditional use in B-3 or
higher zoning districts.
Background
Prior to 2007, fuel stations in Mounds View were only allowed in B-3 or higher zoning
districts. The Station was built in 1959 as “Gulf” and existed until two years ago as a legal
nonconforming use. In 2007, in order to bring the fuel station into compliance, Mr. Theis
purchased additional property so that his parcel would meet the minimum fuel station lot
size and applied for a zoning code amendment to allow small “neighborhood fuel stations”
as a conditional use in B-2 districts. Recognizing that “The Station” is a much smaller, non-
chain, neighborhood-based fuel station, both the Planning Commission and City Council
approved an amendment to allow this type of small fuel station in B-2 districts rather than
rezone the property to a more intense use. After bringing the fuel station into conformance,
Mr. Theis removed part of the building, added two more fuel pumps with a larger canopy
and resurfaced the parking lot.
Conditional Use Permit Discussion
Section 1113.04 of the amended Zoning Code would conditionally allow car washes in B-2
districts. The applicant would like to add a car wash to his fuel station, and is applying for a
conditional use permit, assuming that the City Council approves the code amendment.
CUP Considerations
With every Conditional Use Permit application, Chapter 1125 of the Zoning Code requires
that the Planning Commission review and address any potential adverse effects which
include, but are not limited to; relationship with the Comprehensive Plan, geographical area
involved, potential depreciation, the character of the surrounding area, traffic, adequate
utilities and access roads and the demonstrated need for such a use. Staff reviews and
addresses each of these potential adverse effects below.
The Station staff report
August 24, 2009
Page 2
Relationship with the Comprehensive Plan: The Comprehensive Plan encourages the
expansion of existing businesses and introduction of new businesses within Mounds View
when compatible with surrounding uses. The Station is surrounded by a variety of zoning
designations and land uses, including single family residential, high density residential, a
church, office space, and a neighborhood grocery store. If the City approves the requested
zoning code amendment, this CUP could be consistent with the Comprehensive Plan
“neighborhood commercial” land use designation.
The Geographical Area Involved: This business is located on County Road I, where it has
operated as a fuel station for 50 years. County Road I is the City’s only other commercial
corridor aside from County Highway 10.
Depreciation: The Station has been a neighborhood fuel station in Mounds View for many
years. The owner is happy doing business in Mounds View and wants to remain here and
wants to improve his business and property. It is unlikely that The Station is depreciating the
area in which it is located and it is unlikely that a car wash would further depreciate the area.
Approving a conditional use permit for a car wash, which would be an accessory use to the
fuel station, will not change the current primary use of the property, nor should it change the
neighborhood property values.
The Character of the Surrounding Area: This area of Mounds View has a variety of housing
types, a church, and a few small neighborhood businesses. The Station is located on
County Road I, which is a busy 4-lane road running through the city and is near Pinewood
Elementary and the I-35W connections. The character of this area should not change with
the addition of a car wash.
A concern with this proposal would be the noise from the car wash and the close proximity of
multi-family housing. The Station’s property does not directly abut any housing, but there are
three apartment buildings (8 units each) one lot to the west of The Station. There are 2
garages and Fedor’s Market surrounding the car wash which should block much of the noise
from getting to the apartment buildings. The primary noise would be from the dryers at the
exit on the east side of the building facing Adams Street, away from the apartment buildings.
The Station is not open 24 hours a day and the car wash would not be open all night. Staff
proposes to limit the car wash hours of operation to the noise ordinance hours, which are
7am to 10pm.
Traffic: There is some traffic around The Station, particularly during the weekday rush hours,
due to County Road I being a main thoroughfare of the City and the close proximity to I-35W.
The Station does produce customer traffic, but it has not been a problem from a public
safety standpoint. The traffic in the area would likely only change a small amount with the
addition of a car wash. The owner anticipates that he will have a small increase in
customers since if someone wants a car wash, they could now come to The Station, where
previously they would have had to go to one of the other gas stations in the City. There will
be curbing and signage directing traffic into the car wash, which would then exit straight onto
Adams Street.
The Station staff report
August 24, 2009
Page 3
Adequate utilities and access roads are available: The water and sewer lines that currently
serve the property have adequate capacity to provide for the needs of the fuel station and for
the proposed car wash. If more water is necessary, the City’s water main pipes have more
than enough water available to supply a car wash.
The Station is located at the intersection of County Road I and Adams Street. It has ample
access on to both streets, particularly on to Adams Street where there is no curbing and the
entire parking lot blends into the street. The public works department has reviewed the
proposed plans and has no issues. At the time of the reconstruction project for Adams
Street (scheduled for 2011 or 2012), the lack of curbing and curb cuts into this site will be
addressed.
The Demonstrated Need for Such a Use: The owner of The Station wants to improve his
business and offer this additional service to his customers. The City of Mounds View
supports our existing businesses and wants them to remain in our community and prosper.
Development Review Discussion
Leon Theis, owner of The Station, is proposing to build a new car wash on his property at
2280 County Road I. The building would be a 25 foot by 40 foot (1,000 square feet), 12
foot tall concrete block structure – similar to the car wash at the “bp” gas station on the
corner of County Highway 10 and County Road H. The car wash is required to be of a
similar design and color scheme as the existing convenience store building. This car wash
will be the smaller type where a vehicle enters the building, stops, the wash equipment
goes around the vehicle, and then the vehicle exits the building.
Parking: According to the City’s parking code requirements, this facility would be required
to provide parking according to the following schedule:
• Motor fuel station: At least four off-street spaces,
• Retail store: At least one off-street parking space for each 100 square feet of
retail floor area plus one per employee,
• Car wash (motor fuel station car wash): zero spaces in addition to that required
for the fuel station.
With The Station’s previous planning requests, staff determined that this site would be
required to provide 18 parking stalls. There are currently 8 parking spaces in front of the
retail building, 8 vehicle spaces at the fuel pumps, and 13 spaces behind the building. The
site plan shows 18 spaces behind the retail building, more than is currently provided. Staff
believes that the amount of parking on the site available will be more than adequate.
Setbacks: The car wash would be setback 10 feet from the south property line, 30+ feet
from the west property line, and 40 feet from the east property line. All setbacks meet city
code requirements. The front of the car wash will face Adams Street and have the same
front setback as Fedor’s Market, which is next door. The unique issue is that Fedor’s
building is directly on their north property line, which means there will only be 10 feet
between the car wash and Fedor’s.
The Station staff report
August 24, 2009
Page 4
Traffic: With the proposed car wash, the applicant does anticipate a small increase in
traffic since customers who would have had to go elsewhere for a car wash could now
come to The Station. The bigger potential issue will be having vehicles “stacking” or lining
up on the site while waiting to get into the car wash. This could be problematic at busy
times since most of the site is asphalt and the entire east side of the site connects directly
into Adams Street with no curbing or specific entrance points. Keeping the waiting car
wash traffic lined up correctly and not blocking other vehicles or the fire lane will be
important. The applicant must ensure that the car wash entrance and stacking aisle and
directions for traffic flow and exit are well marked. Mr. Theis also must ensure that The
Station’s entire customer and delivery traffic is only on his property, and that no traffic is
driving behind the adjacent Alano Society building.
Grading and Drainage: The site and surrounding area is very flat and almost entirely an
impervious surface. There is no grading proposed with this project that would change the
existing site drainage, and roof drains are shown on the plans would direct stormwater from
the top of the building towards the street. Directly outside of the car wash exit, a 10’x15’
heated concrete pad would be constructed to help prevent ice build-up. Due to the flatness
of the site, staff has included as a condition of approval that the property owner shall
ensure that no water drainage problems occur from his site that would negatively impact
surrounding properties.
Development Review Summary
Leon Theis, owner of “The Station,’ is requesting plan approval to construct a detached 25
foot by 40 foot (1,000) square foot car wash at 2280 County Road I. Such an addition
would bring more tax base to the community, and an additional service to The Station’s
customers. No additional parking stalls would be required with this addition. The Planning
Commission voted 6-0 to recommend approval of this car wash proposal.
Public Feedback
Staff mailed notices regarding this planning case to all property owners within 480 feet of
2280 County Road I informing them of the Planning Commission meeting date and again
for the August 24, 2009 City Council meeting. As of Thursday, August 20, 2009, staff has
received the following comments:
• Helen More, 5503 Erickson Rd – called Jim Ericson to say she has no problem with
The Station’s request for a car wash.
• Chris Boyer, 5463 Erickson Rd – left 2 voicemail messages before the Planning
Commission meeting and Council meeting to say he is in support of a car wash and
does not feel it would be out of place in the neighborhood.
• Jackie Daun, 2356 Sherwood Rd – see attached email on 8-5-09
• Steve Jungwirth, 2236 Pinewood Dr - telephone call on 8-14-09 – he is concerned
about noise from the blowers and traffic into the car wash, concerned that it will be
noisy for the church across the street when their windows are open, there should be a
3-way stop at County Road I and Adams Street with a crosswalk for pedestrians.
The Station staff report
August 24, 2009
Page 5
• John Rysgaard with the New Brighton Alano Society, 2282 County Road I (adjacent
business/building to The Station) – concerned only that the car wash traffic will drive
or line up around the back of their building.
• Bruce Madsen, 5463 Adams Street – see attached letter, received on 8-19-09
Deadline for Action
The City accepted this planning application on July 16, 2009 and in accordance with MN
Statute 15.99, the City shall make a decision within 60 days of application acceptance. The
deadline for City action for this request is September 14, 2009.
Recommendation
Staff has drafted a resolution for both the Conditional Use Permit and Development Review
requests. The City Council may take one of the following actions:
1. Approve the planning actions as requested. Resolution 7486 is attached for your
consideration if you should choose this option.
2. Deny the requests. To consider this option, the Council will need to direct staff to
prepare a resolution with findings of fact to support the denial recommendation.
3. Table action on the request. This option would be appropriate if the City Council
should need additional information or more input before a decision can be made. The 60-
day deadline is September 14, 2009.
Respectfully Submitted By,
Heidi Heller
Planning Associate
Attachments:
1. Public Comment - Email from Jackie Daun
2. Public Comment - Letter from Bruce Madsen
3. East elevation drawing
4. Aerial View
5. Site Plan
6. Zoning Map
7. Photographic Documentation
8. Planning Commission Resolution 908-09 for a Conditional Use Permit and a
Development Review
9. Resolution 7486
Public Comment
Public Comment
East Elevation Drawing
Aerial View The Station (SW corner of County Road I & Adams Street) wants to build a car wash. It would go on the south side of their property– the white square is the approximate location. Traffic would enter the car wash on the west side of the building and exit the east side of the building straight out to Adams Street. County Road IThe Station Apartments- 3 buildings FedorsCar Wash locationCross of Glory Church Adams St.
Site Plan
Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential The Station, 2280
Photographic Documentation
The Station – east side
The car wash would be located here. The garage has almost the same
setback from the south property line as the car wash would have. The
garage is about 9 feet wider than the car wash is proposed to be.
Fedor’s building is right on
their north property line
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 908-09
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT
AND DEVELOPMENT REVIEW FOR A CAR WASH AT “THE STATION,”
2280 COUNTY ROAD I,
PLANNING CASE NOS. CU2009-002 AND DE2009-001
WHEREAS, Leon Theis, owner of “The Station,” located at 2280 County Road I, has
requested a Conditional Use Permit and Development Review to add a Car Wash to the
subject property; and,
WHEREAS, the subject property is legally described as follows:
That part of Lot 1, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet;
That part of Lot 2, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet
and north of the south 49 feet;
That part of the south 49 feet of Lot 2, Block 4, Spring Lake Park Highlands, lying east
of the west 70 feet. Ramsey County, Minnesota.
Subject to a drainage and utility easement over the north 10 feet thereof, and over the
east 10 feet thereof, and over the south 5 feet thereof.
PIN 083023120088
WHEREAS, the Planning Commission has reviewed the following documents
regarding this proposal:
1. Aerial Map
2. Proposed Site Plan
3. Zoning Map
4. Photographic Documentation
WHEREAS, the Planning Commission held a public meeting about this request on
Wednesday, August 5, 2009; and,
WHEREAS, according to Section 1125 of the Mounds View Zoning Code, the
Planning Commission is to consider the possible adverse effects of the proposed
Conditional Use Permit and Development Review, and shall make a finding of fact related
to its review of the requests.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
makes the following findings of fact regarding the Conditional Use Permit request as
required by the Mounds View Zoning Code:
1. The request for a conditional use permit to allow a car wash at The Station, which is
zoned B-2, should not negatively impact or depreciate the adjacent properties due to
the primary use of the property not changing.
Resolution 908-09
Page 2
2. The property currently has 29 parking spaces, well above the required 18 spaces.
The site plan shows that the property owner could add more parking spaces if
necessary.
3. The applicant has demonstrated a need for the conditional use permit, in order to
expand his business and better compete with other nearby fuel stations that have
car washes.
4. There does not appear to be any adverse effects associated with the proposed
conditional use permit and development review for a car wash.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View Planning
Commission recommends approval of the development review for the addition of a car
wash at The Station, 2280 County Road I, subject to the following conditions:
1. The City Council approving the proposed code amendment to allow car washes in a
B-2 zoning district (Chapter 1113 of the city code).
2. The car wash hours of operation shall be limited to the hours of 7am to 10pm.
3. The car wash building must have a similar design and color scheme to the existing
retail building.
4. The property owner shall maintain the area of land between the car wash and
neighboring building. The area must be kept free of long grass, junk or debris.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings
of fact, the Mounds View Planning Commission recommends approval of the conditional
use permit for the motor fuel station, subject to the following condition:
1. The conditional use permit shall be considered null and void if not acted on within
one year.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission
directs staff to forward this resolution to the City Council prior to approval of the minutes.
Adopted this 5th day of August, 2009.
________________________________________
Gary Stevenson, Chairperson
Attest:
________________________________________
Kenneth Roberts, Community Development Director
(Seal)
RESOLUTION NO. 7486
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND DEVELOPMENT
REVIEW FOR A CAR WASH AT “THE STATION,” 2280 COUNTY ROAD I,
PLANNING CASE NOS. CU2009-002 AND DE2009-001
WHEREAS, Leon Theis, owner of “The Station,” located at 2280 County Road I, has
requested a Conditional Use Permit and Development Review to add a car wash to his
property; and,
WHEREAS, the subject property is legally described as follows:
That part of Lot 1, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet;
That part of Lot 2, Block 4, Spring Lake Park Highlands, lying east of the west 54 feet
and north of the south 49 feet;
That part of the south 49 feet of Lot 2, Block 4, Spring Lake Park Highlands, lying east
of the west 70 feet. Ramsey County, Minnesota.
Subject to a drainage and utility easement over the north 10 feet thereof, and over the
east 10 feet thereof, and over the south 5 feet thereof.
PIN 083023120088
WHEREAS, the City Council has reviewed the following documents regarding this
proposal:
1. Aerial Map
2. Proposed Site Plan
3. Zoning Map
4. Photographic Documentation
WHEREAS, the Planning Commission held a public meeting about this request on
Wednesday, August 5, 2009 and recommended approval; and,
WHEREAS, according to Section 1125 of the Mounds View Zoning Code, the City
Council is to consider the possible adverse effects of the proposed Conditional Use Permit
and Development Review, and shall make a finding of fact related to its review of the
requests.
WHEREAS, the City Council held a public meeting about this request on Monday,
August 24, 2009; and,
Resolution 7486
Page 2
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council makes the
following findings of fact regarding the Conditional Use Permit request as required by the
Mounds View Zoning Code:
1. The request for a conditional use permit to allow a car wash at The Station, which is
zoned B-2, should not negatively impact or depreciate the adjacent properties due to
the primary use of the property not changing.
2. The property currently has 29 parking spaces, well above the required 18 spaces.
The site plan shows that the property owner could add more parking spaces if
necessary.
3. The applicant has demonstrated a need for the conditional use permit, in order to
expand his business and better compete with other nearby fuel stations that have
car washes.
4. There does not appear to be any adverse effects associated with the proposed
conditional use permit and development review for a car wash.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City
Council approves the development review for the addition of a car wash at The Station,
2280 County Road I, subject to the following conditions:
1. The City Council approving the proposed code amendment to allow car washes in a
B-2 zoning district (Chapter 1113 of the city code).
2. The car wash hours of operation shall be limited to the hours of 7am to 10pm.
3. The car wash building must have a similar design and color scheme to the existing
retail building on the property.
4. The property owner shall maintain the area of land between the car wash and
neighboring building. The area must be kept free of long grass, junk or debris.
5. The property owner shall ensure that all traffic for the car wash and motor fuel
station at 2280 County Road I remain on this property.
6. The property owner shall ensure that no water, either from the car wash, the car
wash building, or stormwater, negatively affects surrounding properties.
Resolution 7486
Page 3
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings
of fact, the Mounds View City Council approves a conditional use permit for a new car wash
at The Station, a neighborhood motor fuel station, subject to the following condition:
1. The conditional use permit shall be considered null and void if not acted on within
one year.
Adopted this 24th day of August, 2009.
________________________________________
Joe Flaherty, Mayor
Attest:
________________________________________
James Ericson, Clerk-Administrator
(Seal)
Item No: 7E
Meeting Date: August 24, 2009
Type of Business: ROLL CALL VOTE
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Second Reading and Adoption of Ordinance 809, an Ordinance
Vacating a Surface Water Easement at Greenfield Estates,
7521-7661 Greenfield Avenue (ROLL CALL VOTE)
Introduction:
Tycon Companies, owners of Greenfield Estates Apartments at 7521-7661 Greenfield
Avenue and 2370 County Road I, is planning to replace their existing garages with new
buildings. The new garages would be a drive-through style with parking spaces (similar to
an underground garage) rather than individual garages that currently exist. The existing 4
large garage buildings have been a problem for the owners in that half of the individual
garages are on the back/eastside of each building facing the rear of the property, and many
residents do not want to rent these garages because they feel unsafe using them. Fires
have been set in these rear facing garages, the property owners have found illegal and
unsafe items being stored in them, and people “hang out” behind these buildings because
the area is very isolated.
Tycon Companies is proposing to build three large garages, reconstruct the entire parking
lot and add new curbing to the site. The new garages would be placed further east than
the existing garages. There is a ditch running along the east property line of Greenfield
Estates – it starts from the wetland area on the south side of County Road I and runs south
between Greenfield Estates and Landmark Estates to Bronson Drive, where it then enters
underground piping and eventually runs into Rice Creek. Tycon’s engineer discovered a
10-foot drainage and utility easement, and an overlapping 17.5-foot surface water
easement along the east property line. The proposed new garages would be further east
than the existing garages and would encroach into this 17.5-foot easement by a couple of
feet. This encroachment is the reason for the easement vacation request.
Discussion:
The surface water easement runs along Greenfield Estates properties all the way south to
Bronson. The applicant is only proposing to vacate the portion of this easement that is on
their property. The 17.5 foot easement will remain on 7501 and 7511 Greenfield Avenue.
The applicant opted to use the City’s engineer consultant, Bonestroo, to do the review of
the easement vacation request. The surface water easement was recorded in 1951 and
the 10-foot drainage and utility easement was added when the property was platted in
1965. Bonestroo reviewed the request to determine whether the 100-year ditch high water
level (HWL) would be contained within only in the 10-foot easement. Based on their
modeling analysis, the ditch would contain the 100 year HWL within the portion of the ditch
in Greenfield Estates. Previously, Tycon was planning to build the new garages at the 10-
foot easement boundary, but are now planning to be about 5 feet away from that line. The
applicant’s engineer has indicated that the site improvements will not impact the ditch.
Greenfield Estates Vacation Report
August 24, 2009
Page 2
To vacate an easement or other public interest in a parcel, the City must determine that the
easement no longer serves a public purpose. In this case, our consulting engineer,
Bonestroo, reports that the requested vacation of the 17.5-foot surface water easement
may not be detrimental to the overall function of the ditch area as long as the property
owner does not impact the capacity of the ditch with the new garages or parking lot.
The City Council did the first reading of this ordinance on June 8, 2008. Staff held off on
the second reading until the applicant received approval from Rice Creek Watershed
District (RCWD). Due to RCWD changing their rules, winter, the applicant and their
engineer struggling to find a way to meet RCWD requirements on a site that was built in
1969, and going before the RCWD Board a couple of times, it is now a year later. City staff
spoke with RCWD who indicates that they now expect the RCWD Board will approve a
permit for the reconstruction proposal for Greenfield Estates on August 26, 2009.
Public Works staff has reviewed this request, and they believe that since a 20-foot drainage
and utility easement will remain (10 feet on each side of the property line), there should be
no problem with the City vacating the 17.5-foot easement. Nick DeBar, Public Works
Director, is comfortable with the easement vacation even if Greenfield Estates does not get
a permit from RCWD. The 17.5-foot easement from 1951 was more than likely taken by
the city when the ditch was constructed for farm field drainage. Later on, when the property
was platted for development, new drainage and utility easements were put in place, but the
old easements were not vacated.
Recommendation:
Staff recommends that the City Council approve the second reading of Ordinance 809.
This ordinance approves the partial vacation of a surface water easement at Greenfield
Estates Apartments, 7521-7661 Greenfield Avenue and 2370 County Road I.
Respectfully Submitted,
Heidi Heller
Planning Associate
Attachments
1. Aerial View
2. Site Plan
3. Ordinance 809
4. Ordinance 809 Summary
Aerial View
Ditch – starts
from this wetland
area and runs
south straddling
the property line
NGreenfield Ave
County
Road I
Landmark
Estates
Greenfield Estates
7 apt. buildings
Greenfield Estates
4 garage buildings
Site Plan
ORDINANCE NO. 809
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING A PARTIAL VACATION OF A 17.5 FOOT
SURFACE WATER EASEMENT ON GREENFIELD ESTATES PROPERTY,
LOCATED AT 7521-7661 GREENFIELD AVENUE AND 2370 COUNTY ROAD I
WHEREAS, the City of Mounds View was granted a surface water easement in 1951
along the properties associated with Greenfield Estates Apartments, located at 7521-7661
Greenfield Avenue and 2370 County Road I; and,
WHEREAS, Tycon Companies has submitted an application to vacate part of the
surface water easement on the following legally described parcels:
Except the East 99.41 feet of Lot 2, All of Lot 1, Block 1
Nordling Terrace, Ramsey County, Minnesota
Lots 14 and 15, Block 1
Nordling Terrace, Ramsey County, Minnesota
Lots 16 and 17, Block 1
Nordling Terrace, Ramsey County, Minnesota
Lots 18 and 19, Block 1
Nordling Terrace, Ramsey County, Minnesota
WHEREAS, the easement area to be vacated from Greenfield Estates is legally
described as follows:
The East 17.5 feet of the South 955.0 feet of the following described property: except
the North 33 feet for County Road I, the East one-half of the West one-half of the
Northeast quarter of the Northwest quarter of Section 8, Township 30, Range 23.
NOW THEREFORE,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Special Ordinance No. 809.
Subd. 1. The City has made a determination that the drainage and utility easement
area as described herein and illustrated on Exhibit A does not serve a public purpose, and
as such, it is in the public interest to vacate said easement area.
Ordinance 809
Page 2
Subd. 2. The City Council of the City of Mounds View finds that there is no public
interest or purpose served in retaining the easement area described and proposed to be
vacated.
Subd. 3. That described part of the drainage and utility easement as shown on
Exhibit A is hereby vacated.
SECTION 2. This ordinance takes effect thirty (30) days after its publication in accordance
with Section 3.09 of the City Charter.
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the City Council of the
City of Mounds View this 9th day of June, 2008.
SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 24th
day of August, 2009.
PUBLICATION DATE: September 3, 2009
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(SEAL)
EXHIBIT A – Greenfield Estates Proposed Easement Vacation
ORDINANCE SUMMARY
ORDINANCE NO. 809
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING A PARTIAL VACATION OF A 17.5 FOOT
SURFACE WATER EASEMENT ON GREENFIELD ESTATES PROPERTY,
LOCATED AT 7521-7661 GREENFIELD AVENUE AND 2370 COUNTY ROAD I
On August 24, 2009, the Mounds View City Council adopted an ordinance authorizing a partial
vacation of a 17.5-foot surface water easement on Greenfield Estates apartments property,
7521-7661 Greenfield Avenue and 2370 County Road I.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
Item No: 07F
Meeting Date: August 24, 2009
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7488, Approving Step Increases for Tyler Martin
(Public Service Officer), Mary Springer
(Receptionist/Recycling Coordinator), and Vanessa Van
Alstine (Cable TV Coordinator)
Background:
Tyler Martin, Mary Springer and Vanessa Van Alstine are current employees with the City
of Mounds View.
Tyler Martin’s supervisor, Deputy Chief Tom Kinney, has reviewed his performance as it
relates to the responsibilities outlined in the job description. It was determined that Mr.
Martin has satisfactorily performed in the capacity of his position as the Mounds View
Public Service Officer (PSO).
Mary Springer and Vanessa Van Alstine’s supervisor, Desaree Crane, has reviewed their
performances as it relates to their responsibilities outlined in the job descriptions. It was
determined that they have satisfactorily performed in the capacity of their positions.
Discussion:
It was determined that Tyler Martin, Mary Springer and Vanessa Van Alstine have
satisfactorily performed in the capacity of their position, and therefore, a step increase
wage adjustment is consistent with the Personnel Manual and Labor Agreements.
Recommendation:
Staff recommends approval of Resolution 7488, approving the wage increases.
Respectfully Submitted,
__________________________
Desaree Crane
RESOLUTION 7488
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING STEP/LONGEVITY ADJUSTMENTS
WHEREAS, the following below are regular full-time/part time employees who are
currently working for the City of Mounds View; and
WHEREAS, their supervisor reviewed their performance as it relates to the
responsibilities outlined in the job description; and
WHEREAS, their supervisor determined that the following employees below have
satisfactorily performed in the capacity of their position documented in their performance
review on file; and
WHEREAS, a step increase wage adjustment is consistent with the Mounds View
Personnel Manual and Labor Agreements.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does
hereby approve a wage adjustment to the following indicated in the chart below.
NAME CURRENT
POSITION
DATE OF
EMPLOYMENT/
CURRENT POSITION
CURRENT
STEP &
WAGE
STEP &
WAGE
ADJUSTMENT
EFFECTIVE DATE
OF ADJUSTMENT
Tyler Martin Public Service
Officer (PT)
March 2, 2009 Step 1:
$12.73/hr
Step 2:
$13.52/hr
September 2,
2009
Mary
Springer
Receptionist/
Recycling
Coordinator
(FT)
September 18, 2006 Step 4:
$17.45/hr
Step 5:
$18.37/hr
September 18,
2009
Vanessa
Van Alstine
Cable TV
Coordinator
(FT)
August 29, 2007 Step 3:
$23.29/hr
Step 4:
$24.59/hr
August 29, 2009
Adopted this 24th day of August, 2009.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 7H
Meeting Date: August 24, 2009
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Resolution 7489 Approving Renewal of a Legal Services
Agreement with Kennedy & Graven, Chartered.
Introduction:
At the work session on July 6, 2009, the Council discussed the pending expiration of the
legal services agreement with Kennedy and Graven. The consensus of the Council was to
proceed with an extension of the agreement.
Discussion:
As discussed at the July work session, Staff analyzed Kennedy & Graven invoices for the
last twelve months and observed that retainer work conducted by the firm was about
$2,500 less than what the City pays in monthly retainer fees. This was brought to the
attention of the City Attorney who agreed that the monthly retainer paid by the City could be
reduced from $2500 per month to $2300 per month without changing the type of work
covered under the agreement. In addition, the Firm agreed to not increase their hourly
rates, given the economic climate and the reduced revenues anticipated during the renewal
period. The exception to this would be for work performed by the Firm that would be
passed reimbursed by a third party. Otherwise, no substantive changes to the legal
services agreement were made.
The term of the new agreement is proposed for three years, the same term as the previous
contract. It should be noted that the Agreement may be terminated for any reason by the
City at any time upon 30 days written notice.
Recommendation:
Staff recommends approval of Resolution 7489, a resolution approving the renewal of a
legal services agreement with Kennedy & Graven through August of 2012.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
RESOLUTION 7489
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE RENEWAL OF A LEGAL SERVICES AGREEMENT
WITH KENNEDY & GRAVEN, CHARTERED
WHEREAS, in June of 2006, the City Council approved Resolution 6855 which
authorized a three-year renewal of a Legal Services Agreement (the “Agreement”) with
Kennedy & Graven, Chartered (the “Firm”); and,
WHEREAS, the Agreement with Kennedy & Graven is due for renewal; and,
WHEREAS, the City Council has considered the performance of the Firm and has
determined that a renewal of the Agreement would be beneficial to the City.
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does
hereby approve a renewal of the Agreement, attached as Exhibit A, with Kennedy &
Graven, Chartered, to provide civil legal services for a three-year period beginning August
24, 2009.
Adopted this 24th day of August, 2009.
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, City Clerk - Administrator
(seal)
Page 1
AGREEMENT FOR LEGAL SERVICES
This Agreement, entered into between the CITY OF MOUNDS VIEW, a Minnesota
municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City
Attorney) as of this 2624th day of June, 2006,August, 2009, provides as follows:
SECTION 1. Backqround: Findings.
1.01. Authority. The appointment and removal of the City Attorney are made by
the City Council.
1.02. Council Determination. At a duly called regular meeting of the City Council
held on June 26, 2006,August 24, 2009, the City Council determined that the firm of
Kennedy & Graven, Chartered be engaged as City Attorney, with Scott J. Riggs and Robert
J. V. Vose of that firm serving as primary legal counsel for the City and instructed the City
Clerk-Administrator to prepare an agreement between the firm and the City setting forth the
terms and conditions of the engagement.
SECTION 2. Terms and Conditions.
2.01. Consideration. In consideration of the mutual promises and conditions
contained in this Agreement the City and the City Attorney agree to the terms and
conditions set forth herein.
2.02. City Attorney Appointment. The City appoints the firm of Kennedy & Graven,
Chartered as City Attorney, with Scott J. Riggs and Robert J. V. Vose acting as primary
legal counsel for the City.
2.03. Usual and Customary Legal Services. The City Attorney agrees to perform all
usual and customary legal services for the City in accordance with the terms of this
Agreement, including, but not limited to the following:
a. Attendance by the primary legal counsel from the firm, as requested,
at one Council meeting per month;
b. Meetings with staff and public groups as requested by the Council or
the City Clerk-Administrator and public hearings before the Council;
c. Review and preparation of contracts, performance bonds, insurance and
other routine legal documents;
d. Ordinance code amendments and preparation of resolutions;
e. Formal and informal legal advice to Council, staff and committees;
f. Responses to inquiries from the public on matters not directly related to
criminal prosecution activities;
Page 2
g. Regular training for staff including, but not limited to, human resource
issues, sexual harassment, city government procedures, employee
discipline procedures, workers compensation, OSHA issues;
h. Occasional attendance at staff meetings as directed by the City Clerk-
Administrator;
i. Legal updates, alerts and opinions to staff on issues affecting the City;
j. Proactive advice as to City Code and personnel policies;
k. All other routine legal services except those pertaining to:
i. land acquisitions and sales;
ii. litigation, administrative proceedings, eminent domain and special
assessment appeals;
iii.. review of subdivision and land development contracts;
iv. approval of improvement bonds/proceedings and other authorized
bond issues;
v. telecommunication matters;
vi. employment matters and labor negotiations;
vii. Economic Development Authority matters involving the establishment
of tax increment financing districts and development contracts;
viii. Separate Commissions of the City including, but not limited to
Economic Development Authority, Police Civil Service Commission,
and Charter Commission.
As an aid to the interpretation of the services to be covered by the retainer
agreement, the following definitions would apply:
"Administrative proceedings" means services directly related and preparatory to
representing the City or its agencies before a federal, state or regional
administrative agency.
"Eminent domain" means services performed directly related and preparatory to the
commencement of an action of eminent domain by or against the City or its agencies.
"Litigation" means services performed by the city attorney: (a) in response to a claim
filed against the City or an action commenced against the City, its agencies, or their officers,
agents or employees; (b) in response to administrative proceedings; and (c) appearances
on behalf of the City or its agencies before state or federal courts, boards or
commissions.
"Routine" means matters usual and customarily undertaken by a city attorney in the
discharge of office.
Page 3
2.04. Compensation for Legal Services. For legal services, except as provided in
Section 2.08, the City agrees to compensate the City Attorney at the following hourly rates
for services indicated below:
a. For all attorneys in general municipal matters as set forth in Section 2.03
(except Section 2.03(k)) pursuant to a monthly retainer in the amount of
$2,500.00 $2,300.00.
b. For all attorneys for matters set forth in Section 2.03(k) as follows:
i. For all attorneys in real estate matters, telecommunication matters,
employment and labor negotiation matters
$140/hr.
ii. For all attorneys in litigation and administrative proceedings
$150/hr.
iii. For all attorneys in matters in which costs are passed through to
developer and tax increment matters
$180 $205/hr.
iv. For all law clerks for work not covered by the retainer set forth in
Section 2.04(a) $75/hr.
v. For all paralegals for work not covered by the retainer set forth in
Section 2.04(a)
$95/hr.
vi. Bond counsel services as set forth in Section 2.08.
vii. For all attorneys requested to attend a regular council meeting in
excess of one per month, established under Section 2.03(a).
$120/hr. - no travel time allowed.
2.05. Compensation for Expenses. The City will compensate the City Attorney for
the following actual and necessary expenses incurred by the City Attorney on behalf of the
City:
The firm will bill its out-of-pocket costs for such things as postage, long
distance telephone calls, photocopying, filing fees and witness fees, and
similar items. Mileage compensation will not be charged for attendance at
regular City Council Meetings.
Page 4
Photocopying: $.20 per page
Color copies $1.00 per page
Facsimiles $.50 per page
Mileage: $.445 per mile
Westlaw or Lexis fees: Actual cost charged
Other charges such as: Actual cost charged
Messenger service
Express mail
Long distance telephone calls
Filing fees
Parking fees
Our monthly billing statements provide detail for all fees and costs.
2.06. Billing Statements. Billings by the City Attorney to the City for services will be
on a monthly basis, except as may otherwise be agreed upon by the parties. The billing
statement shall be of sufficient detail to adequately inform the City concerning the tasks
performed, the attorney or staff performing them, the time spent on each task and the
nature and extent of costs and disbursements. The statement shall also contain a summary
that shows the total time spent for each category and the total fees, charges and
disbursements for each category.
2.07. Term of Agreement. The term of this Agreement shall be for three years.
The hourly rates specified in this Agreement will remain in effect for the term of this
Agreement.
2.08. Bond Counsel Services. The City Attorney will act as approving bond counsel
for the City if so requested by the City. These services are not part of this Agreement, but
may be made such by mutual agreement of the parties. In the event such services are
desired by the City, fees for these services will be those usual and customarily charged by
the firm of Kennedy & Graven, Chartered.
2.09. Primary Legal Counsel. It is the intention of the parties and it is hereby
agreed by the City Attorney, that the term "primary legal counsel" as used herein means
and refers to Scott J. Riggs and Robert J. V. Vose who will, except in the case of
extraordinary circumstances involving disability, unavoidable conflict or other good
and substantial reasons, perform, supervise and be responsible to the City for the
legal services to be provided.
2.10. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the City
and the City Attorney, and supersedes any other written or oral agreements between the
City and the City Attorney. This Agreement can only be modified in writing signed by the
City and the City Attorney.
Page 5
2.11. Termination. This Agreement may be terminated by the City at any time or by
the City Attorney upon 30 days written notice.
2.12. Conflict of Interest. The City Attorney shall use best efforts to meet all
professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. In the event of a conflict, the City Attorney, with the consent
of the City, shall arrange for suitable alternative legal representation. It is the intent of
the City Attorney to refrain from handling legal matters for any other person or entity that
may pose a conflict of interest.
2.13. Agreement Not Assignable. Except as provided in Paragraph 2.12 of this
Agreement relating to conflicts of interest, the rights and obligations created by this
Agreement may not be assigned by either party.
2.14. Agreement Not Exclusive. The City retains the right to hire other legal
representation for specific legal matters.
2.15. Independent Contractor Status. All services provided by the City Attorney
pursuant to this Agreement shall be provided by the City Attorney as an independent
contractor and not as an employee of the City for any purpose, including but not
limited to: income tax withholding, workers' compensation, unemployment
compensation, FICA taxes, liability for torts and eligibility for employee benefits.
2.16. Work Products. All records, information, materials and other work products
prepared and developed in connection with the provision of services pursuant to this
Agreement shall become the property of the City.
2.17. Insurance. The City Attorney shall maintain professional liability (malpractice)
insurance in the minimum amount of $1,000,000.
2.18. Data Practices Act Compliance. Data provided to the City Attorney under this
Agreement shall be administered in accordance with the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13.
2.19. Choices of Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the state of Minnesota. Any disputes,
controversies, or claims arising out of this Agreement shall be heard in the state or federal
courts of Minnesota, and all parties to this Agreement waive any objection to the
jurisdiction of these courts, whether based on convenience or otherwise.
2.20. Agreement Extensions. Subject to the rights of termination described in
Section 2.11, the provisions of this Agreement shall be deemed to be automatically
extended from year-to-year or extended with such modifications or adjustments as the City
and City Attorney may from time-to-time mutually agree.
Page 6
IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed by their proper officers and representatives as of the day and year first above
written.
CITY OF MOUNDS VIEW, MINNESOTA
By: ____________________________
Rob Marty
Joe Flaherty
Its: Mayor
By: ____________________________
Kurt Ulrich
James Ericson
Its: City Clerk-Administrator
KENNEDY & GRAVEN, CHARTERED
By: ____________________________
Scott J. Riggs
City Attorney
Item No: 08A
Meeting Date: August 24, 2009
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, 2009. All applicants have submitted appropriate fees and proof of insurance.
Those companies that are “new” include applicants that have never been licensed with the City or
they may have been licensed with the City in the past, but were not licensed in 2008. The type of
license they are applying for follows the company name.
JDI Signs & Graphics Sign Installation New
Lino Lakes Blacktop, Inc. Asphalt Renewal
Recommendation: Approve license applications as requested
1
BY-LAWS
OF
MOUNDS VIEW CABLE COMMITTEE
MISSION STATEMENT
The mission of the Mounds View Cable Committee (hereinafter referred as the “Cable
Committee” or “Committee”) is to advise the City Council on issues pertaining City cable
television programming, to provide a communications link between Mounds View citizens and
city government and to encourage residents to become more active participants in community
life through their use of the government access cable channel.
ARTICLE I
PURPOSE
The Cable Committee identifies, develops and assists in the production of programming for the
government access cable channel. The intended outcome is to promote an awareness and
understanding of community events, city governmental meetings and city programs, and provide
information about health and safety matters, recreational opportunities, the environment and
other community issues through the use of the government access cable channel.
ARTICLE II
CABLE COMMITTEE MEMBERSHIP
Section 1. COMPOSITION. The Committee is comprised of five to seven non-
compensated volunteer members. Committee members must have an interest in and willingness
to assist in the production of cable programming and related activities. The majority of the
Committee members shall be Mounds View residents. Employees of Mounds View businesses or
members of Mounds View service organizations having a special interest or experience in such
matters may also be eligible to serve on the Cable Committee at the discretion of the City
Council.
Section 2. APPOINTMENT PROCESS. The City Council, in conjunction with the
Cable Committee, shall advertise through its usual and customary outlets for interested parties to
serve on the Committee. Cable Committee members shall be appointed by the City Council
based on the recommendations of the Cable Committee from the applications submitted.
2
Section 3. TERMS OF OFFICE: Appointments shall be made for three-year staggered
terms. Terms begin in January of the year of appointment (or as otherwise noted) and shall end
on December 31st of the third year thereafter or as otherwise noted.
Section 4. VACANCIES: Any Cable Committee member who is unable to fulfill their
designated term of office shall notify the Cable Committee chair in writing. Vacancies shall be
filled according to the procedures and policies adopted by the City Council.
Section 5. DUTIES OF THE CABLE COMMITTEE. The Cable Committee duties
are as follows:
a) To advise the City Council regarding issues relating to the government access cable
channel.
b) To provide an informational and public relations outlet for the city government through
the use of government access cable channel.
c) To oversee, evaluate, and assist in television programming on the government access
cable channel.
d) To communicate programming objectives to the City Council.
e) To develop an awareness of the government access cable channel through public relations
efforts in local newspapers, the City website, the City newsletter and other outlets as may
be appropriate.
f) To encourage individual residents and institutions to make use of the government and
community access cable channels.
g) To work with the North Suburban Access Corporation to help facilitate community
programming in the ten-city franchise area.
h) To help develop and initiate television programming of Mounds View significance in
conjunction with other cities of the North Suburban Cable Commission.
ARTICLE III
OFFICERS
Section 1. ELECTION OF OFFICERS: The Officers of the Cable Committee shall
consist of a Chair, Vice-Chair, and Secretary. Officers are elected each calendar year at the first
regularly scheduled meeting in January. For each office, the Chair shall invite nominations from
Cable Committee members. After nominations have been received, the Chair shall entertain a
motion to close nominations. In the event of multiple nominations, the Chair shall ask for a
motion to approve one of the nominees. After the motion has been seconded, the Committee
votes on the motion. If the motion does not pass, the Chair shall ask for another motion to
appoint a different nominee, and proceed with the process again until the officer is approved.
In the event of a tie, the Chair shall announce the nominees tied, and the nomination process
shall be repeated until an election occurs. If only one nomination has been received, the Chair
may conduct the voting by voice vote. If a majority of the members present vote in the
affirmative for the nominee, the nominee shall be elected.
3
Section 2. OFFICER VACANCIES: Cable Committee members must fill vacancies
occurring in the officers’ positions.
Section 3. DUTIES OF OFFICERS:
a) Chair: The Chair shall preside at all meeting of the Cable Committee. The Chair shall
serve under the supervision and direction of the Committee. The Chair shall have the
powers and perform duties that the Committee may from time to time prescribe.
b) Vice-Chair: The Vice-Chair shall preside over meetings and perform the authorities and
duties of the Chair in the event of the latter’s absence, death, disqualification, or incapacity
until the Cable Committee elects a new Chair. The Vice-Chair shall exercise and perform
such other duties as may be prescribed from time to time by the Committee.
c) Secretary: The Secretary shall perform roll call during Cable Committee meetings, and
draft and provide Minutes to the Cable Committee.
Section 4. ABSENCE OF OFFICERS: In the event of the absence of both the
chairperson and vice-chairperson, those members present shall elect a temporary chairperson to
preside over the meeting.
Section 5. REMOVAL FROM OFFICE: An appointed member of the Cable
Committee may be removed from office for just cause and on written charges by at least four-fifths
(4/5) vote of the entire City Council. Such member may be entitled to a public hearing before such
vote is taken. It shall be the duty of the Chair to notify the City Council promptly of any
vacancies occurring in membership. The City Council shall fill such vacancies for the unexpired
term of the original appointment.
ARTICLE IV
MEETINGS OF THE CABLE COMMITTEE
Section 1. REGULAR SET MEETINGS: At the first meeting of the year, the
members shall set a meeting schedule for the remainder of the year. Changes to the published
meeting schedule shall be noticed at least three (3) days prior to the changed meeting date.
Regular or special meetings may be canceled by the Chairperson, Clerk-Administrator or the
Assistant City Clerk-Administrator in the event that there are no items of business requiring the
attention of the Committee, or for lack of a quorum, or in response to inclement weather or for
any other good and sufficient reason. Members of the Committee shall be notified by telephone
of any meeting cancelation.
Section 2. SPECIAL MEETINGS: Special meetings to conduct the business of the
Cable Committee may be held and shall be noticed in accordance with open meeting law
requirements at any other time that the members may deem necessary.
Section 3. QUORUM and ADJOURNED MEETING: At all meetings of the Cable
Committee, a majority of the members appointed shall constitute a quorum to do business.
4
Section 4. MEETING FORMAT:
a) At the hour appointed for a meeting of the Cable Committee, upon reaching a quorum,
the members shall be called to order by the Chair or, in the Chair’s absence, by the acting
Chair. The members shall do business following a set agenda.
b) The Chair shall preserve order. The Chair or the acting Chair shall be entitled to vote
like other members.
c) Prior to speaking, members shall address the Chair and shall not proceed until they have
been recognized by the Chair.
d) If a member has a personal interest in a matter that comes before the Cable Committee,
the member shall not vote on said issue.
e) The Chair has the authority to set a time limit that a member or a person addressing the
Committee may speak.
f) All sub-committees shall be appointed by the Chair unless expressly ordered by the full
Cable Committee. It shall be the duty of the sub-committees to act promptly and
faithfully in all matters referred to them and to make reports at a future set time/date
established by the Cable Committee.
g) Minutes of all Cable Committee meetings shall be recorded by the Secretary, reviewed
and approved by the Committee, and kept at the city offices. The minutes shall
constitute an official record of the Cable Committee’s proceedings.
Section 5. ATTENDANCE: Committee members shall advise the Chair or the Cable
Television Coordinator of an anticipated absence from any regularly scheduled Committee
meeting. Any member absent from three consecutive regularly scheduled meetings or more than
four regularly scheduled meetings per year without the consent of the Cable Committee shall be
deemed to have vacated their office. It shall be the duty of the Chair to notify the City Council
promptly of any such vacancies who shall fill such vacancies for the unexpired term of the
original appointment consistent with Article II, Sections 2 and 4.
Section 6 CONFLICT OF INTEREST: When a question is put by the Chair, every
member present shall vote, unless for special reasons the member elects to abstain. If a member
has a personal interest in the matter, he or she shall state that such an interest exists and shall
neither deliberate nor vote on the matter. “Personal interest” means, but is not confined to, a
material financial interest of the committee member, a family member or a close associate. The
committee member may also be disqualified to vote on a matter by a two-thirds (2/3) majority
vote of the committee members in attendance.
Section 7. OPEN MEETING LAW: Meetings shall be conducted in accordance with
the State of Minnesota Open Meeting Law (Minnesota Statute Chapter 13D)..
Section 8. INFORMATIONAL PACKETS: Each Cable Committee member shall
receive a staff report, plans and additional information, as appropriate, for each item placed on
the agenda for any regular or special meeting. The committee packet should be delivered at least
four calendar days prior to the meeting. Each member is responsible for reviewing the material
within the packet prior to the meeting.
5
ARTICLE V
CITY COUNCIL LIAISON
The City Council may appoint from among its members a Liaison to the Committee on an annual
basis. The role of the Liaison would be to serve as a conduit for sharing information and updates
between the City Council and the Committee. The appointed Liaison would not be a member of
the Committee.
ARTICLE VI
PARLIMENTARY AUTHORITY
Section 1. PARLIMENTARY AUTHORITY: Robert’s Rules of Order Newly
Revised shall govern Cable Committee meetings in all cases to which they are applicable and in
which they are not inconsistent with these By-Laws and/or any special rules of order the Cable
Committee may adopt.
Section 2. SUSPENSION: Robert’s Rules of Order may be temporarily suspended by
consent of the majority of the members.
ARTICLE VII
POLICIES
The Cable Committee shall establish policies to follow in producing its cable television
programs. It shall address the following but may not be limited to: Commercial Messages or
Material; Political Campaigning; Candidates’ Forums and/or Meetings; Religious Material;
Special Programming; Obscenity and Defamation; Schedule and Program Priorities; and Funding
Sources.
ARTICLE VIII
AMENDMENT TO BY-LAWS
Section 1. AMENDMENTS. The Cable Committee by-laws may be amended, repealed
or adopted by a majority of the Cable Committee members upon thirty (30) days written notice
of the proposed change in its entirety during a meeting of the Cable Committee members unless
said notice is waived by all of the members. Notice of such alteration or amendment is to be
6
contained in the notice of such meeting. Alterations or amendments must pass by a four-fifths
(4/5) vote of the Cable Committee members.
Section 2. INTERPRETATION of the By-Laws and any amendment or additions
thereto shall rest with the Cable Committee.
Section 3. TEMPORARY SUSPENSION OF BY-LAWS: These rules may be
temporarily suspended by consent of a majority of the members.
ARTICLE IX
REVIEW OF BY-LAWS
THESE BY-LAWS shall be reviewed at least every five years and revised if needed. These by-
laws govern internal Cable Committee matters and do not create rights in any third parties. All
revisions and amendments to these by-laws must be approved by the Mounds View Cable
Committee and forwarded to the City Council for its information.
Adoption date: _____________
_________________________________
Cable Committee Chair
_________________________________
Mayor
_________________________________
Clerk-Administrator
Item No: 08B
Meeting Date: August 24, 2009
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree M. Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7487 Approving the Mounds View Cable
Committee By-laws
At the April, June and August Work Sessions, the City Council discussed the role/mission
of the Cable Committee. Below are some of the questions discussed:
1. What is the role/mission of the Cable Committee? Are they an advisory
committee to the City Council?
2. Who has the final authority on City cable programming? Does the City
Council have the final authority or is it the Cable Committee?
3. Should the Cable Committee be appointed by the City Council? There are
no City Code guidelines on appointments to committees. The Streets and
Utilities Committee was appointed by the City Council. What excludes the
City Council from appointing members to the Cable Committee?
4. If the City Council wishes to appoint members to the Cable Committee, then
should there be term limits in place?
Rough drafts of the By-laws were presented to the City Council at the April, June and
August Work Sessions for comment. Using the comments raised at all Work Sessions, the
City Council, City Staff and the Cable Committee have been working together on drafting
Cable Committee By-laws. Attached is a final draft of the By-laws, which was approved by
the Cable Committee at their last meeting on August 17, 2009.
Recommendation:
Staff recommends approval of Resolution 7487, approving the Mounds View Cable
Committee By-laws.
Respectfully submitted,
________________________
Desaree Crane
RESOLUTION 7487
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE MOUNDS VIEW CABLE COMMITTEE BY-LAWS
WHEREAS, at the April, June, and August Work Sessions, the City Council
discussed the role and mission of the Cable Committee; and
WHEREAS, the City Council directed the Cable Committee and City Staff to draft
Cable Committee By-laws to be consistent with other City committees and commissions;
and
WHEREAS, drafts of the Cable Committee By-laws were presented to the City
Council at the April, June and August Work Sessions for comment; and
WHEREAS, using the comments raised at these Work Sessions, the City Council,
City Staff and the Cable Committee worked together on drafting Cable Committee By-laws;
and
WHEREAS, a final draft of the Cable Committee By-laws was approved by the
Cable Committee at their last meeting on August 17, 2009.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
approves the attached Cable Committee By-laws.
Adopted this 24th day of August, 2009.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 8C
Meeting Date: August 24, 2009
Type of Business: Consent
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Resolution 7491 Accepting a Donation from Bethlehem
Baptist Church
Background
Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in
2004 and received City zoning approval to renovate the former office / warehouse
space for church usage. At this same time, the Church expressed its desire to sponsor
and support worthy community endeavors and thus created the Mounds View Service
Project Fund pledging annual donations totaling $25,000. According to the Church,
they envisioned the fund to be used to help meet certain community needs jointly
identified by the city and the Church that would be “in harmony” with their mission and
values. Previous donations have funded Mounds View park improvements, the
YMCA’s Y Partners program, the Mounds View Festival in the Park, the Mounds View
School District’s SAIL and STAND programs, the DARE program, Irondale High School
athletics and CEAP—the Community Emergency Assistance Program—among others.
Discussion
Representatives from the City, the Community Center and the Park & Rec Commission
met with representatives from Bethlehem Baptist Church facility on July 29, 2009 to
discuss potential funding opportunities for the second half 2009 service project fund
donation which totaled $13,801. A number of programs and improvements were
highlighted for Bethlehem’s consideration. Subsequent to the meeting, staff put
together various cost estimates associated with the projects and programs discussed,
forwarding this information to the Church on March 11, 2009. The Church responded
with a letter dated August 4, 2009, recommending the following disbursement schedule:
1. Funding Teen Center at the MVCC $6100
2. Purchase of additional exercise equipment for use by area seniors at the
MV Community Center $1750
3. Funding for 2010 "Music in the Park $2000
4. Silver View Park parking lot light fixtures $2064
5. Purchase of aerator for Silver View Pond $600
6. Donation to lrondale HS Music Department in support of the purchase of
performing arts center grand piano $1287
In addition, Bethlehem provided a donation in the amount of $2,760 to be deposited into
the EDA account to be used for activities that continue to support the economic climate
of the City of Mounds View.
BBC Report
August 24, 2009
Page 2
Recommendation:
Attached for your consideration is Resolution 7491, a resolution which accepts the
donations from Bethlehem Baptist Church in the amounts of $13,801 and $2,760 and
authorizes the distribution of the donations according to the Church’s recommendations.
Respectfully submitted,
James Ericson
Clerk-Administrator
Attachments:
1. BBC Letter dated Aug 4, 2009
2. Resolution 7491
RESOLUTION 7491
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLTUION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH
WHEREAS, Bethlehem Baptist Church has generously supported activities that
have benefited the residents of Mounds View; and
WHEREAS, Bethlehem Baptist Church would like to continue that support by
making a contribution to the City of Mounds View of $16,561 to support the following
programs and activities:
1. Funding Teen Center at the MVCC $6,100
2. Purchase of additional exercise equipment for use by area seniors at the
MV Community Center $1,750
3. Funding for 2010 "Music in the Park $2,000
4. Silver View Park parking lot light fixtures $2,064
5. Purchase of aerator for Silver View Pond $600
6. Donation to lrondale HS Music Department in support of the purchase of
performing arts center grand piano $1,287
7. EDA Fund $2,760
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
gratefully acknowledges and accepts the donation of $16,561 from Bethlehem Baptist
Church and amends the 2009 Budget accordingly.
Adopted this 24th day of August, 2009
_____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(seal)
Corrections made be Councilmember Roger Stigney, Councilmember Al Hull, Councilmember Carol Mueller, Clerk-Administrator Jim Ericson, Community Development Director Ken Roberts, and Assistant City Clerk -Administrator
Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
July 27, 2009 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, July 27, 2009, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, July 27, 2009, 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. Eagle Scouts Recognition 33
34
Mayor Flaherty congratulated Eagle Scouts Aaron Jacobson, Jason Sandquist, Joe Ayers-35
Johnson, and Jonathan Towle and advised each will be presented with a plaque of recognition. 36
Scouts Ayers-Johnson and Towle described the Eagle Project they completed. 37
38
7. COUNCIL BUSINESS 39
A. Resolution 7480 Hiring Kenneth Koss to the Position of Police Officer. 40
41
Police Chief Sommer presented a recommendation that Kenneth Koss, the number one candidate 42
on the Police Civil Service Commission eligibility list, be hired to the position of Police Officer 43
at the step one rate of pay, $3,587.47 per month, in accordance with the Law Enforcement Labor 44
Services Contract, to be effective on August 3, 2009. 45
Mounds View City Council July 27. 2009
Regular Meeting Page 2
1
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7480 Hiring 2
Kenneth Koss to the Position of Police Officer. 3
4
Council Member Mueller stated she found Mr. Koss to be an outstanding individual and is 5
delighted Mounds View is able to hire him before he is hired by another community. She noted 6
the Council approved to hire for this position to replace an officer who had retired. 7
8
Council Member Stigney agreed that Mr. Koss would be an asset; however, the City has a grant 9
opportunity in September or October for two police officers so he would support delaying until 10
that time. 11
12
Council Member Hull asked about the status of the City’s COPS grant application. Police Chief 13
Sommer explained it is for one position and a determination will be made in September. There 14
are three times more applications than funding available but if approved, the City would have to 15
retain the officer for four years and the City would cover the cost for one of those years. 16
17
Council Member Stigney stated the motion would result in a permanent hire but the COPS grant 18
would be a four-year commitment with Mounds View paying for one year. He noted the Council 19
authorized the Civil Service Commission to update the eligibility list; however, did not authorize 20
to hire. 21
22
Mayor Flaherty stated the Council did authorize to hire for this position due to attrition, and there 23
may be one or more retirements prior to receipt of a COPS grant. 24
25
Ayes – 4 Nays – 1 (Stigney) Motion carried. 26
27
B. Second Reading of Ordinance 821, Business Registration Program. 28
29
Community Development Director Roberts stated this is second reading of an ordinance that 30
would establish a business registration program but does not establish fees, which the City would 31
establish later. He noted a minor revision to the numbering since first reading and recommended 32
adoption and authorization to publish by summary. 33
34
Council Member Mueller asked why home-based businesses were excluded from the registration 35
requirement. Community Development Director Roberts explained the information collected 36
through this program is critical to public safety and staff does not expect a home-based business 37
would use large quantities of chemicals that would be of concern. In addition, the owner would 38
usually be present at a home-based business. In the case of locations like Mounds View Square, 39
each individual business would register with the City. 40
41
MOTION/SECOND: Stigney/Mueller. To Waive Second Reading and Adopt Ordinance 821, 42
Amending Title 500 (Business Licensing Regulations) and to Authorize Publication by 43
Summary. 44
45
Mounds View City Council July 27. 2009
Regular Meeting Page 3
George Winiecki, 2704 Highway 10, stated why he objects to the Business Registration Program. 1
He asked whether he will be required to pay for registration fees plus his business permit, and if 2
each unit owner in his office complex will also pay a fee to register. 3
4
Tim Roche, Twin Cities North Chamber of Commerce, stated he spoke before the EDC when 5
this Program was considered to voice business owner’s objections to a registration program, 6
primarily because of the fee. Another concern was that not registering would result in a 7
misdemeanor, which may impact a businesses’ ability to obtain a liquor license. 8
9
Mayor Flaherty stated all agree with the concept to obtain business owner contact information 10
and the consideration tonight does not establish a fee. He noted he had indicated at the last 11
meeting that he did not support a registration fee and believed the value of such a program would 12
be greater to the City than to the business owner. 13
14
Mr. Winiecki stated his objections again, adding that he is tired of government intervention in 15
small businesses. Council Member Gunn clarified that the renter is held responsible to register, 16
not the business owner. 17
18
Council Member Gunn asked if violation has to be a misdemeanor. Clerk-Administrator Ericson 19
explained that any violation of the City Code results in a misdemeanor but the Council can set a 20
different fine when the fee schedule is considered. 21
22
Council Member Mueller suggested this consideration be tabled to obtain more feedback from 23
business owners. 24
25
SUBSTITUTE MOTION/SECOND: Mueller/Hull. To Postpone Consideration of Second 26
Reading of Ordinance 821, Adding Language to the City Code about Business Registration, to 27
August 24, 2009, to allow staff time to obtain input from businesses. 28
29
Mr. Winiecki stated why he believed the City should require home occupations should to register 30
in such a program. 31
32
Council Member Stigney asked if it would be better to postpone consideration to a Work Session 33
so the Council can discuss what staff will be presenting. 34
35
Council Members Mueller and Hull agreed to a friendly amendment to postpone to the 36
September Work Session for further discussion. 37
38
Council Member Mueller stated she was excited about the business registration program but 39
questioned the value to the business community and would like more input. 40
41
Ayes – 4 Nays – 1 (Flaherty) Motion carried. 42
43
C. First Reading – Zoning Code Amendments. 44
1. First Reading of Ordinance 827, Revising Chapter 1104.01, Subd. 5c, 45
Mounds View City Council July 27. 2009
Regular Meeting Page 4
of the Zoning Code to Remove the Word “decks” from Allowed 1
Encroachments. 2
3
Community Development Director Roberts presented the ordinance amendment, noting it is of a 4
housekeeping nature. 5
6
MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve First Reading of 7
Ordinance 827, Amending Chapter 1104 of the Mounds View Zoning Code to Remove “Decks” 8
from Allowed Encroachments. 9
10
Council Member Mueller asked if existing decks in a setback are grandfathered. Community 11
Development Director Roberts answered in the affirmative. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
2. First Reading of Ordinance 828, Revising Chapter 1106.03, Subd. 1b 16
of the Zoning Code to Clarify Language in Regard to Accessory 17
Building Height. 18
19
Community Development Director Roberts presented the amendment and explained how the 20
accessory building height is measured. He noted that larger motor homes require a larger sized 21
door and this amendment will allow the construction to meet that need. 22
23
Council Member Mueller referenced Section 3, Item b, and suggested the following be removed: 24
“whichever is less.” She felt it was too restrictive and presented a scenario where the owner of a 25
one-story home would be limited in the size of accessory structure when compared to a property 26
with a two-story house. 27
28
Council Member Gunn stated a while ago a two-story accessory garage was constructed and the 29
concern is that the accessory building not be taller than the primary structure. 30
31
Council Member Mueller stated if every other property has a 15 or 20 foot tall accessory 32
building, why should the one-story homeowner be restricted from the same benefit. Community 33
Development Director Roberts stated it is a policy decision of the Council in how the City should 34
look. He explained the height limitation would be to the peak of the roof. 35
36
Clerk-Administrator Ericson noted that another part of the Zoning Code regulates the lot 37
coverage for an accessory building based on the size of the lot, which ensures the building 38
footprint is appropriate to the lot. He noted that the appearance of a two-story garage next to a 39
14-foot high rambler may not be aesthetically pleasing to some people. 40
41
The Council discussed the option to request a variance, which requires showing a hardship. 42
Community Development Director Roberts advised the Planning Commission recommended a 43
maximum height of 20 feet to ensure it would accommodate a larger sized motor home. 44
45
Mounds View City Council July 27. 2009
Regular Meeting Page 5
Council Member Stigney suggested language be added to restrict a 20-foot high flat roof. 1
2
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve First Reading of 3
Ordinance 828, Amending Chapters 1102, 1104, and 1106 of the Mounds View Zoning Code 4
pertaining to the Definition of Building Height, the Maximum Allowed Accessory Building 5
Height, and Required Accessory Building Separation Distance, revising Section 3g to remove: 6
“whatever is less.” 7
8
Council Members Stigney and Council Member Gunn stated their support to not revise Section 9
3, Item b, because it could result in an accessory building that is taller than the principal 10
structure. 11
12
AMENDMENT MOTION/SECOND: Stigney/Flaherty. To revise Ordinance 828 to indicate the 13
roof type shall conform to the roof type on the principal structure. 14
15
Ayes – 5 Nays – 0 Amendment motion carried. 16
17
Council Members Muller and Council Member Hull accepted a friendly amendment to revise 18
Section 2f to indicate: “The height of any detached accessory building shall not exceed 20 feet.” 19
and revise Section 3b to remove: “or that of the principal structure, whatever is less.” 20
21
Council Member Stigney asked why the City would want to allow an accessory building that is 22
taller than the principal building. 23
24
Mayor Flaherty stated he does not want to show bias or restrict a property with a smaller home. 25
Council Member Mueller agreed and noted that residents want to park their motor homes inside. 26
27
Council Member Stigney stated with the amendment, a 20-foot high garage could be constructed 28
alongside a 15-foot high home. He suggested that a variance process be required for that 29
scenario and stated that he does not support this amendment, even for first reading. 30
31
Mayor Flaherty stated he has a problem with a building that is out of character for a 32
neighborhood and 20 feet may be too tall for some areas. Clerk-Administrator Ericson stated a 33
typi cal rambler, depending on the roof pitch, would be 14 to 16 feet in height. Mayor Flaherty 34
stated he supports a maximum height of 15 feet and to require a variance for a taller structure. 35
36
The Council discussed and agreed clarification is needed for the method of measurement. 37
38
Ayes – 2 (Mueller, Flaherty) Nays – 3 Motion failed. 39
40
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve First Reading of 41
Ordinance 828, Amending Chapters 1102, 1104, and 1106 of the Mounds View Zoning Code 42
pertaining to the Definition of Building Height, the Maximum Allowed Accessory Building 43
Height, and Required Accessory Building Separation Distance, revised to indicate the roof type 44
shall conform to the roof type on the principal structure. 45
Mounds View City Council July 27. 2009
Regular Meeting Page 6
1
Council Member Mueller stated with this motion, the issue remains that a one-story rambler 2
would be restricted from having a 20-foot tall accessory building, even though they may exist on 3
either side. 4
5
Ayes – 3 Nays – 2 (Mueller, Flaherty) Motion carried. 6
7
3. First Reading of Ordinance 829, Revising Chapter 1111 of the Zoning 8
Code to Remove R-O, Residential-Office Zoning District. 9
10
Community Development Director Roberts presented the amendment to remove all reference to 11
the R-O, Residential-Office Zoning District, since staff does not foresee it ever being used. 12
13
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Approve First Reading of 14
Ordinance 829, Amending Chapter 1111 of the Mounds View City Code by deleting the R-O, 15
Residential-Office Zoning District, and Amending Chapters 1008, 1104, 1105, 1121, and 1124 to 16
remove all references to the R-O Zoning District from the City Code. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
4. First Reading of Ordinance 830, Revising Chapter 1116.02 of the 21
Zoning Code to Allow a total of 800 Gallons of Flammable Liquid in 22
Industrial Districts without a Conditional Use Permit (CUP). 23
24
Community Development Director Roberts read the amendment language, noting a request for 25
more than 800 gallons of flammable liquid in above ground storage would require a Conditional 26
Use Permit. He read the setback requirements from a residential district and recommended 27
approval of first reading. 28
29
Council Member Mueller asked if this effects any exiting Mounds View businesses. Community 30
Development Director Roberts stated the City does not have records on all storage tanks. 31
32
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Approve First Reading of 33
Ordinance 830, Amending Chapter 1116 of the Mounds View Zoning to Allow a total of 800 34
Gallons of Flammable Liquid in Industrial Districts without a Conditional Use Permit (CUP). 35
36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
5. First Reading of Ordinance 831, Revising Chapter 1103.18 of the 40
Zoning Code in Regard to Satellite Dishes. 41
42
Community Development Director Roberts stated the current ordinance was written when large 43
satellite dishes were in use; however, now smaller satellite dishes are being used. He reviewed 44
the amendment language, noted setback distances, and recommended approval of first reading. 45
Mounds View City Council July 27. 2009
Regular Meeting Page 7
1
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Approve First Reading of 2
Ordinance 831, Amending Chapter 1103 of the Mounds View Zoning Code to address 36 inch or 3
less diameter Satellite Dish Antennas. 4
5
Council Member Stigney stated why he finds satellite dishes to be an eyesore. 6
7
AMENDMENT MOTION/SECOND: Stigney/Hull. To Waive the Reading and Approve First 8
Reading of Ordinance 831, Amending Chapter 1103 of the Mounds View Zoning Code to 9
address 36 inch or less diameter Satellite Dish Antennas, revising Subdivision 3a to add “or a 10
front or side yard abutting a public street.” 11
12
Mayor Flaherty stated he felt the suggested amendment was too restrictive and noted that in some 13
cases the front yard is the only location they can be placed to obtain reception. 14
15
A resident stated his preference to locate a satellite dish on the top of a 20-foot shed rather than 16
to install it on his house or purchase a pole. 17
18
Council Member Mueller stated several residents have public streets on two sides of their home 19
so the amendment may restrict their ability to get reception. 20
21
Ayes – 1 (Stigney) Nays – 4 Amendment motion failed. 22
23
Council Member Stigney stated again he finds it aesthetically offensive to see satellite dishes in 24
the front and side yards, or in trees. 25
26
Ayes – 4 Nays – 1 (Stigney) Motion carried. 27
28
6. First Reading of Ordinance 832, Revising Chapter 1116.02 of the 29
Zoning Code to Add Day Care Centers as a Conditional Use in R-1 30
Districts in Public Buildings, Schools, and Religious Institutions. 31
32
Community Development Director Roberts presented the amendment to allow day care centers in 33
R-1 districts and semi-public buildings as conditional uses. He suggested a revision to Sub. 8 to 34
indicate: “day care center or nursery serving more than 12 persons” to ensure it applies to larger 35
sized operations. If fewer than 12 persons, a City license would not be required. 36
37
Council Member Mueller referenced Subdivision 8e, and requested that the word “children” be 38
changed to “persons.” The Council also agreed to change the words “play space” to “activity 39
area.” 40
41
The Council discussed nursery services that are provided during church-related events where they 42
may not have the required 40 square feet of fenced outdoor play space. Community 43
Development Director Roberts noted the ordinance relates to Monday through Friday operations. 44
45
Mounds View City Council July 27. 2009
Regular Meeting Page 8
Council Member Stigney suggested in Subdivision a, to use the term “day care” or “group 1
facility” instead of “nursery.” 2
3
Clerk-Administrator Ericson noted that churches, schools, and institutions referenced already 4
require a CUP and asked if it is the Council’s intent to require a second CUP to allow a day care. 5
He noted it could be considered an accessory use to a facility that has obtained a CUP to operate. 6
Clerk-Administrator Ericson stated if that is the Council’s desire, consideration could be tabled 7
to allow time for staff to draft appropriate language. 8
9
Council Member Gunn stated clarification is also needed for what is meant by “day care center” 10
and “group nursery.” Clerk-Administrator Ericson explained that most definitions are from the 11
State Code and staff will provide additional information for the Council’s consideration. 12
13
D. Resolution 7481, Authorizing Step Increases for Officer Peter Berling 14
(MVPD), Officer Nick Erickson (MVPD), Michael Strand (Cable), and Don 15
Burda (Community Development). 16
17
Assistant Clerk-Administrator Crane presented the recommendation to authorize step increases 18
for Officer Peter Berling, Officer Nick Erickson, Part-time Cable Technician Michael Strand and 19
Temporary Building Inspector Don Burda since each supervisor has reviewed performances and 20
all are deemed to be satisfactory. Assistant Clerk-Administrator Crane explained that the 21
increase for Don Burda should have been considered in May but was overlooked. Mr. Burda had 22
resigned effective July 23, 2009. She read Resolution 7481. 23
24
Council Member Gunn suggested the first line of the resolution be revised to add “part-time” 25
since Mr. Burda was a part time employee. 26
27
Council Member Mueller suggested that contract employees be contained in a separate 28
resolution. She explained that some residents have questioned why step increases are being 29
given but with contracts, increases are covered by union negotiations. 30
31
Council Member Stigney asked why it is fair to consider an increase for a union employee but 32
not a City employee. He stated one of his concerns is that with a police officer at Step 5, they get 33
an automatic longevity increase of three percent at four years of service. 34
35
Mayor Flaherty stated he has no issue with all increases being contained within the same 36
resolution. 37
38
MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7481, Approving Step/Longevity 39
Adjustments, as corrected to add “part-time” to the first line. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
8. CONSENT AGENDA 44
A. Licenses for Approval. 45
Mounds View City Council July 27. 2009
Regular Meeting Page 9
B. Set a Public Hearing for Monday, August 10, 2009, at 7:10 p.m. for the 1
Second Reading and Adoption of the Following Zoning Code Amendments: 2
1. Ordinance 827, Revising Chapter 1104.01, Subd. 5c, of the Zoning 3
Code to Remove the Word “decks” from Allowed Encroachments. 4
2. Ordinance 828, Revising Chapter 1106.03, Subd. 1b of the Zoning 5
Code to Clarify Language in Regard to Accessory Building Height. 6
3. Ordinance 829, Revising Chapter 1111 of the Zoning Code to Remove 7
R-O, Residential-Office Zoning District. 8
4. Ordinance 830, Revising Chapter 1116.02 of the Zoning Code to 9
Allow a total of 800 Gallons of Flammable Liquid in Industrial 10
Districts without a Conditional Use Permit (CUP). 11
5. Ordinance 831, Revising Chapter 1103.18 of the Zoning Code in 12
Regard to Satellite Dishes. 13
6. Ordinance 832, Revising Chapter 1116.02 of the Zoning Code to Add 14
Day Care Centers as a Conditional use in R-1 Districts in Public 15
Buildings, Schools, and Religious Institutions. 16
17
It was noted that even though consideration of Items 8B2 and 8B6 had been postponed, the 18
public hearing had already been advertised. 19
20
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as Presented. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
9. JUST AND CORRECT CLAIMS 25
26
Council Member Stigney referenced Page 1, the cost for uniforms. Clerk-Administrator Ericson 27
explained the cleaning of Public Works uniforms are prorated over several funds. 28
29
Council Member Stigney referenced Page 5, New Brighton Mounds View Rotary Club luncheons 30
and dues for $208, noting it may be something that can be cut from the budget. Clerk-31
Administrator Ericson stated that will be discussed at the upcoming budget work session. 32
33
MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
10. APPROVAL OF MINUTES 38
A. July 13, 2009, City Council Minutes. 39
40
Mayor Flaherty requested a correction on Page 5, Line 44, to indicate: “the Mayor wants to 41
maintain.” 42
43
MOTION/SECOND: Gunn/Mueller. To Approve the July 13, 2009, City Council Meeting 44
Minutes as Corrected. 45
Mounds View City Council July 27. 2009
Regular Meeting Page 10
1
Ayes – 5 Nays – 0 Motion carried. 2
3
11. REPORTS 4
A. Reports of Mayor and Council. 5
6
Council Member Mueller updated the Council on the League of Minnesota Cities Ethics 7
Advisory Panel meeting and suggested this information be discussed at a Work Session. 8
9
B. Reports of Staff. 10
1. Update on The Mermaid. 11
12
Assistant Clerk-Administrator Crane advised that the owners of The Mermaid closed on the sale 13
of the hotel on July 22, 2009, so it is anticipated that the City would soon receive a check from 14
the sale proceeds. She asked if the Council wanted to proceed with the revocation process of The 15
Mermaid’s liquor license. 16
17
Council consensus was reached to not revoke The Mermaid’s liquor license at this time. 18
19
2. Temporary Building Inspector Position. 20
21
Community Development Director Roberts presented the staff report detailing the benefit to 22
Mounds View to have a Temporary Building Inspector, noting Don Burda has resigned his 23
position. He noted that while a summer intern may be of benefit, that option involves a lot of 24
staff time to interview and hire for just several months and it does not provide consistency and 25
continuity. He described alternatives and recommended the City pursue a shared position with 26
New Brighton. 27
28
Council Member Hull asked if the part-time position would be year round or just the summer 29
months. Community Development Director Roberts stated they have need for a year round 30
position. 31
32
Clerk Administrator Ericson stated a full-time summer intern position involves about the same 33
number of hours as a part-time position for the full year and the City would get more benefit 34
from a part-time employee rather than a part-time summer intern. He noted if sharing a position 35
with another community, they will want an assurance that Mounds View is considering the 36
position for the full year. 37
38
Council Member Mueller stated this position needs to be filled and sharing resources via a joint 39
powers agreement with another city, like New Brighton, is an excellent option. She noted that 40
the upcoming senior housing project will require many inspections through the winter months. 41
42
Council Member Gunn stated her concurrence and noted that code enforcement work is also 43
needed. 44
45
Mounds View City Council July 27. 2009
Regular Meeting Page 11
Council Member Stigney asked when Building Official/Fire Marshal Osmonson will be free from 1
Medtronic inspections and available to fill some of this position. Community Development 2
Director Roberts stated it may be several months and in addition, Ms. Osmonson conducts fire 3
inspections and annual license inspections. Council Member Stigney asked if Medtronic is 4
funding enough of her time. Clerk Administrator Ericson stated that Medtronic permit revenue 5
would fund Ms. Osmonson for five to six years continuously. In addition, Housing/Code 6
Enforcement Inspector Anderson has been used for other building inspection work beyond code 7
enforcement. 8
9
Mayor Flaherty agreed that Ms. Osmonson’s time at Medtronic is extensive. Clerk-10
Administrator Ericson stated the City is fortunate that Ms. Osmonson is also the City’s Fire 11
Marshal and can address fire protection and education issues. He advised that Mounds View’s 12
fire protection dues will go down because the call volume is going down and Fire Chief Zikmund 13
would say that is due to the devotion to education and other efforts of Ms. Osmonson beyond 14
inspections. 15
16
Council consensus was reached to fill the part-time Building Inspector position through a JPA 17
arrangement with another city, possibly starting on a six-month trial basis. This item will be 18
further discussed at a Work Session meeting. 19
20
C. Reports of City Attorney. 21
22
Noted. 23
24
12. Next Council Work Session: Monday, August 3, 2009, at 7:00 p.m. 25
Next Council Meeting: Monday, August 10, 2009, at 7:00 p.m. 26
27
13. ADJOURNMENT 28
29
The meeting was adjourned at 9:45 p.m. 30
31
Transcribed by: 32
33
Carla Wirth 34
TimeSaver Off Site Secretarial, Inc. 35
Item No: 11(B)
Meeting Date: August 24, 2009
Type of Business: Reports
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Administrator Report
1. City Council / Department Head Retreat
The date for the Council / staff retreat is August 31, 2009. Rather than using one of the
park buildings or finding meeting space at the Community Center, it was decided to simply
use the conference room in City Hall. The drawback to the conference room is that it’s
cramped quarters with all of us in there and does not allow much—if any—additional room
for any residents who may want to attend or observe. It will essentially be “standing room
only”. If the Council would prefer more roomier quarters for the retreat, please let us know
so that we may make alternative arrangements. The final retreat agenda is included in the
packet for your information.
2. Airport Advisory Commission
With David Jahnke’s passing, there is an opening on the Anoka County Blaine Airport
Advisory Commission. Many cities have elected or appointed officials as their designated
representatives rather than or in addition to a resident. For example, the mayor and
manager are Blaine’s reps, while Lexington and Circle Pines both have a council member
and a resident on the Commission. Before we advertise for volunteers, I thought I would
ask if one of YOU (a Council member) would like to be on that Commission, or if you would
prefer that I be on the Commission along with Barbara Haake. Barbara's term expires at
the end of the year, so we should probably make reappointments for both seats. This is
NOT a City Commission, so our ordinary procedures may not be applicable. Whatever the
Council decides regarding the open seat, I would recommend that Barbara Haake be
reappointed to serve on the Commission given her unique understanding and history with
the airport. If the Council would prefer to see a second resident on the Commission,
Desaree will announce and advertise for the opening and distribute the attached
information sheet.
3. September Work Session Agenda
The Worksession agenda, as it is presently drafted, is attached for the Council’s review. If
the Council would like to see other issues or items added to the agenda for discussion--
perhaps something resulting from the Festival or from the Retreat—please let us know. As
a reminder, the meeting is on Tuesday, September 8, the day after Labor Day.
Administrator Report
August 24, 2009
Page 2
4. Charter Commission Meeting
The Charter Commission met on Wednesday, August 12. They briefly discussed Chapter
8 of the Charter regarding Public Improvements and Special Assessments but deferred the
bulk of their discussion to a future meeting to give themselves more time to review Chapter
202 of the City Code pertaining to Public Improvements. There was continued discussion
regarding the Clerk-Administrator title and the Commission also considered a request from
staff to revise the requirements pertaining to the adoption of the Five Year Financial Plan.
Presently, the Charter requires that the plan be adopted by ordinance, which seems to
contradict the Charter which indicates administrative actions be approved by resolution and
legislative action by ordinance. The Five Year Financial Plan, like the annual budget and
the tax levy, are administrative actions. The Commission agreed that an amendment to the
language might be appropriate and will revisit the matter at a future meeting. The next
Charter Commission meeting is scheduled for September 9, 2009.
5. Potential Tenant on the Water Tower
As Finance Director Mark Beer has previously indicated, a new player in the Internet
service provider (ISP) market—Clearwire--has expressed interest in leasing space on the
City’s water tower to locate their equipment. Clearwire is a wireless high speed ISP which
also offers digital telephone service as well. According to their website, Clearwire offers a
robust suite of advanced high-speed Internet services to consumers and businesses. As
part of a multi-year network build-out plan, Clearwire’s 4G service, called CLEAR™, will be
available in major metropolitan areas across the U.S, and bring together an unprecedented
combination of speed and mobility. We will keep the Council informed as negotiations
progress with this prospective tenant.
6. Public Works Intern
One of the items on the Work session agenda is discussion of the public works intern
position. The present intern, Ryan Johnson, has indicated that he will be unavailable to
work for the City after school starts. Public Works Director Nick DeBar credits Ryan for
moving forward many projects and coordinating many tasks during his time with the City,
but his lack of future availability provides us with an opportunity to revisit the goals of the
intern position and to shift its focus more toward GIS (geographic information systems) , an
area that the City has been lacking. While the position would still have engineering and
public works responsibilities, the desire would be to bring in a new intern who may already
have a GIS training and experience.
7. MVTV Playback Difficulties
You may have noticed or received calls that the City’s cable channel was experiencing
technical difficulties earlier this month. Vanessa reports that there was a piece of
equipment malfunctioning at the Shoreview head end which will need to be repaired or
replaced. A few days later the CTV playback server malfunctioned causing additional
play back glitches. All appears fine now, however.
Administrator Report
August 24, 2009
Page 3
8. Construction Update
Nick DeBar reports that the street reconstruction activities remain on schedule with no
unanticipated issues or problems. Nick and I separately drove through the community
Wednesday after the rainstorm to look for any drainage problems and found that
everything was draining as was designed. Harlan Olson from Bonestroo checked the
stormwater infiltration features Thursday morning and found that the water that had been in
the features the day before had already infiltrated into the ground, which is a testament to
their effectiveness. Nick further reports that the contracts for Trails 1-5 construction should
be signed within a week with construction on the trails to commence soon thereafter. The
contractor, Max Steininger, is anxious to start work on the project, Nick says.
9. Met Council and the Ramsey County League of Local Governments
On Thursday evening, a joint meeting between the Met Council and the Ramsey County
League of Local Governments was held at the Little Canada City Hall. Topics to be
discussed include Dial-a-ride service, the Central Corridor rail line and regional parks.
There may also be a discussion regarding Met Council’s plan to revamp the SAC (sewer
access charge) system which could ultimately result in the City—all cities—paying more for
wastewater disposal. I will update you as to anything of note.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
CITY OF MOUNDS VIEW
CITY COUNCIL/STAFF RETREAT AGENDA
MOUNDS VIEW CITY HALL CONFERNECE ROOM
Monday, August 31, 2009
6 pm – 9 pm
1. Review and Reaffirm the 2009 City Goals and Priorities
2. Review and Discuss 2010 Budget and Financial Assumptions
3. Public Works Supervisor Position
4. Review Code of Conduct & Model Ethics Policy
5. Location and format of the 2010 Town Hall Meeting
6. Council Meeting Management
7. Review Festival in the Park Survey Responses
Attendees:
Mayor Joe Flaherty, Councilmember Roger Stigney, Councilmember Al Hull,
Councilmember Carol Mueller, Councilmember Sherry Gunn, Clerk-Administrator Jim
Ericson, Assistant City Clerk-Administrator Desaree Crane, Community Development
Director Ken Roberts, Finance Director Mark Beer, Police Chief Mike Sommer, and
Public Works Director Nick DeBar.
ANOKA COUNTY/BLAINE AIRPORT ADVISORY COMMISSION
The City of Mounds View is currently looking for volunteers to represent the City on the
Anoka County/Blaine Airport Advisory Commission. The Anoka County/Blaine Airport
Advisory Commission was formed to further the general welfare of Mounds View and the
Anoka County/Blaine Airport by assisting the Metropolitan Airports Commission in
minimizing and resolving problems created by the aircraft operations at the airport.
Commissioners serve two-year terms and give input to the airport operator (Metropolitan
Airports Commission) and the tenants of the airport by identifying problems and discussing
solutions.
Primary Responsibilities:
1. Advise the community and the Metropolitan Airports Commission with
regard to the classification, rules and the regulations supplied to the
operation of the Airport and the development of lands adjacent to said
Airport.
2. Cooperate with the Metropolitan Airports Commission staff in reviewing
matters affecting the use and control of the Anoka County-Blaine Airport.
3. Make recommendations to the Metropolitan Airports Commission regarding
any proposal affecting the use or operations of the Anoka County-Blaine
Airport.
4. Stay apprised of changes in runway use, construction on new hangers,
development of surrounding properties, and wetlands issues, for example.
If you are interested in serving on this commission, please fill out and submit an application
by Friday, September 18, 2009, at 430pm, at the location below.
City of Mounds View
Attn: Desaree Crane, Assistant City Clerk-Administrator
2401 Highway 10
Mounds View, MN 55112
Email: desaree.crane@ci.mounds-view.mn.us
Applications can be obtained from the City’s website or at Mounds View City Hall. For
further information on this commission, then please contact Desaree Crane, Assistant City
Clerk-Administrator, at 763-717-4016, or by email, desaree.crane@ci.mounds-view.mn.us.
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
TUESDAY, September 8, 2009
7:00 p.m.
ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
PUBLIC COMMENT
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.
Agenda Items Discussed by Consensus
__________ 1. General Fund Budget Discussion
__________ 2. Business Registration Program Update & Discussion
__________ 3. Charitable Gambling License (Potential Code Amendment)
__________ 4. Peddler, Solicitor and Transient Merchant License (Potential Code
Amendment)
___________5. Review Streets and Utility Committee Recommendation regarding
Springview Lane
___________ 6. Review Public Works Intern Job Description
___________ 7. Review Proposed Amendments to the Sign Code
Next Work Session: Monday, October 5, 2009, at 7:00 p.m.
Next City Council Meeting: Monday, September 14, 2009, at 7:00 p.m.
356137v2 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: August 20, 2009
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,
etc. Research regarding charity car washes on City-owned property. Research
regarding signs and the First Amendment guarantees of free speech. Consult with
City staff.
MU125-65: Licensing Matters. Review and prepare revisions to charitable gambling
ordinance. Review and prepare revisions to the peddlers, solicitors, transient
merchant ordinance. Review and research attorney exemption to business
registration requirements. Consult with City staff. Matters are presently pending.
MU210-4: Charter Commission. Consult with City staff regarding City Clerk/City
Administrator designation. Matter is presently pending.
MU210-26: The Mermaid. Revise Party Wall and Hold Harmless Agreement for The
Mermaid. The closing for this matter was held Wednesday, July 22, 2009.
Waiting to receive fully-executed and recorded documents from the Closer.
Review materials concerning lot corner monuments. Consult with City staff.
Matter is presently pending.
MU210-43: Silver Lake Woods Condominium Association. Work with City staff and City
engineer to determine requirements that SLWCA needs to undertake regarding
Mr. Jim Ericson
August 20, 2009
Page 2
356137v2 SJR MU125-11
roads. Work with attorney Pat Brinkman regarding matter. Easements have been
signed by Association and will be recorded with Ramsey County. Matter is
presenting pending.
MU210-107: General Telecommunications Matters. Review proposed ground lease for TTM
Site. Consult with City staff regarding same. Matter is presently pending.
MU210-156: Noel David Collis. Review litigation materials from Joe Flynn. Matter has been
tendered to the League. Matter is presently pending.
MU210-161: 5117 Rainbow. Review recent correspondence concerning matter. Matter has
been tendered to the League. Matter is presently pending.
MU210-178: Trail Project Along County Road 10. Consult with City staff regarding storage of
materials/stockpiling of materials at construction site. Draft Materials Stockpiling
Agreement and forward same to City staff. Matter is presently pending.
SJR:jms