HomeMy WebLinkAboutAgenda Packets - 2009/09/14CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 14, 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. Proclamation – The American Legion Day – September 16, 2009.
B. Proclamation – Constitution Week - September 17 – 23, 2009.
7. COUNCIL BUSINESS
A. Resolution 7494, Authorizing Certification of the Proposed General Fund Budget and
Property Tax Levy for Fiscal Year 2010.
B. Resolution 7495, a Resolution Establishing Public Hearing Dates for the Proposed
General Fund Budget and Property Tax Levy for Fiscal Year 2010.
C. First Reading and Introduction of Ordinance 828, Amending the Zoning Code about
Accessory Buildings.
D. First Reading and Introduction of Ordinance 832, Amending the Zoning Code by
Adding Daycares as an Allowed Accessory Use in Public and Semi-Public Buildings.
E. Resolution 7496, Approving Position Description and Authorizing the Advertisement
for an Engineering/GIS Intern.
F. Second Reading and Consideration of Ordinance 821, an Ordinance Implementing a
Business Registration Program.
G. First Reading and Introduction of Ordinance 835, Amending Title 500 of the City Code
Relating to Lawful Charitable Gambling.
H. First Reading and Introduction of Ordinance 834, Amending Chapter 504 of the City
Code about Transient Merchants, Peddlers and Solicitors.
I. Resolution 7497, Authorizing a Step Increase for Brett Brisbois, Public Works
Maintenance.
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, September 28, 2009 at 7:05pm for the Second
Reading and Adoption of Ordinance 828, Amending the Zoning Code about
Accessory Buildings.
C. Set a Public Hearing for Monday, September 28, 2009 at 7:10pm for the Second
Reading and Adoption of Ordinance 832, Amending the Zoning Code by Adding
Daycares as an Allowed Accessory Use in Public and Semi-Public Buildings.
D. Resolution 7498, Accepting the Donation of a Digital Camera for the Event Center
E. Resolution 7492 Authorizing the 2009-2010 Safe and Sober Grant Project.
F. Resolution 7499, Appointing City Representatives to the Metropolitan Airport
Commission (MAC) Airport Advisory Commission for the Anoka County Blaine Airport
G. Resolution 7500, Approving Design Configuration for Springview Lane
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. August 10, 2009, City Council Minutes.
B. August 24, 2009, City Council Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Police Department Quarterly Report
2. Schedule Update for Area B/C of the Street and Utility Improvement Program
C. Reports of City Attorney
12. Next Council Work Session: Monday, October 5, 2009, at 7 p.m.
Next Council Meeting: Monday, September 28, 2009, at 7 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 14, 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. Proclamation – The American Legion Day – September 16, 2009.
B. Proclamation – Constitution Week - September 17 – 23, 2009.
7. COUNCIL BUSINESS
A. Resolution 7494, Authorizing Certification of the Proposed General Fund Budget and
Property Tax Levy for Fiscal Year 2010.
B. Resolution 7495, a Resolution Establishing Public Hearing Dates for the Proposed
General Fund Budget and Property Tax Levy for Fiscal Year 2010.
C. First Reading and Introduction of Ordinance 828, Amending the Zoning Code about
Accessory Buildings.
D. First Reading and Introduction of Ordinance 832, Amending the Zoning Code by
Adding Daycares as an Allowed Accessory Use in Public and Semi-Public Buildings.
E. Resolution 7496, Approving Position Description and Authorizing the Advertisement
for an Engineering/GIS Intern.
F. Second Reading and Consideration of Ordinance 821, an Ordinance Implementing a
Business Registration Program.
G. First Reading and Introduction of Ordinance 835, Amending Title 500 of the City Code
Relating to Lawful Charitable Gambling.
H. First Reading and Introduction of Ordinance 834, Amending Chapter 504 of the City
Code about Transient Merchants, Peddlers and Solicitors.
I. Resolution 7497, Authorizing a Step Increase for Brett Brisbois, Public Works
Maintenance.
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, September 28, 2009 at 7:05pm for the Second
Reading and Adoption of Ordinance 828, Amending the Zoning Code about
Accessory Buildings.
City Council Agenda
Monday, September 14, 2009
Page 2
8. CONSENT AGENDA - Continued
C. Set a Public Hearing for Monday, September 28, 2009 at 7:10pm for the Second
Reading and Adoption of Ordinance 832, Amending the Zoning Code by Adding
Daycares as an Allowed Accessory Use in Public and Semi-Public Buildings.
D. Resolution 7498, Accepting the Donation of a Digital Camera for the Event Center
E. Resolution 7492 Authorizing the 2009-2010 Safe and Sober Grant Project.
F. Resolution 7499, Appointing City Representatives to the Metropolitan Airport
Commission (MAC) Airport Advisory Commission for the Anoka County Blaine Airport
G. Resolution 7500, Approving Design Configuration for Springview Lane
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. August 10, 2009, City Council Minutes.
B. August 24, 2009, City Council Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Police Department Quarterly Report
2. Schedule Update for Area B/C of the Street and Utility Improvement Program
C. Reports of City Attorney
12. Next Council Work Session: Monday, October 5, 2009, at 7 p.m.
Next Council Meeting: Monday, September 28, 2009, at 7 p.m.
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, the American Legion was chartered by Congress in 1919 on
September 16th as a wartime veterans organization on the four pillars of Veterans
Affairs & Rehabilitation, Nation Security, Americanism, and Children & Youth;
and
WHEREAS, over the years, the American Legion has become a
preeminent community service organization which now numbers more than 2.5
millions members—men and women—in over 14,000 American Legion posts
worldwide working a variety of programs that support the four pillars and benefit
our nation’s veterans, its service members, their families, the youth of America
and its citizens; and
WHEREAS, the members of the American Legion are dedicated to
upholding the ideals of freedom and democracy, while working to make a
difference in the lives of fellow Americans; and
WHEREAS, the 2009 observance of American Legion Day provides an
opportunity to recognize Legionnaires in our community for their many
contributions to our community.
NOW, THEREFORE BE IT RESOLVED that, I, Joe Flaherty, Mayor of the
City Mounds View, do hereby proclaim September 16, 2009, as
THE AMERICAN LEGION DAY
Given under my hand and Seal of the City of Mounds View, this 14th day of
September, 2009.
Joe Flaherty, Mayor
(seal)
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, September 17, 2009 marks the two hundred and twenty-second
anniversary of the drafting of the Constitution of the United States of America by the
Constitutional Convention; and
WHEREAS, it is fitting and proper to officially recognize this magnificent document
and the anniversary of its creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations
which will commemorate the occasion; and
WHEREAS, public law 915 guarantees the issuing of a proclamation each year by
the President of the United States of America designating September 17 through 23 as
Constitution W eek;
NOW, THEREFORE BE IT RESOLVED that, I, Joe Flaherty, Mayor of the City
Mounds View, do hereby proclaim September 17 through 23, 2009 to be
CONSTITUTION WEEK
in the City of Mounds View, and ask our citizens to reaffirm the ideals the Framers of the
Constitution had in 1787.
Given under my hand and Seal of the City of Mounds View, this 14th day of September,
2009.
Joe Flaherty, Mayor
(seal)
City of Mounds View
2010 Budget Summary
Y-T-D
2006 2007 2008 2009 07/31/09 2010 Change from 2009
General Fund: Actual Actual Actual Budget Actual Request Dollar Percent
Revenues:
Property taxes - Base levy 3,340,453 3,319,587 3,253,546 3,210,748 1,518,781 3,250,519 39,771 1.24%
Special tax levies, Bonds 167,338 161,327 158,370 158,895 79,447 154,555 (4,340) -2.73%
Special tax levies, Operations 76,145 114,526 76,145 241,822 120,911 242,704 882 0.36%
Franchise tax 264,032 273,540 283,796 290,625 118,152 287,000 (3,625) -1.25%
Other taxes 107,761 65,431 157,410 50,000 47,620 45,000 (5,000) -10.00%
Hotel/motel tax 54,725 52,615 51,263 52,000 17,124 51,000 (1,000) -1.92%
Licenses and permits 236,138 212,041 193,930 191,470 109,649 180,270 (11,200) -5.85%
Intergovernmental 304,031 348,800 380,602 972,537 384,132 572,307 (400,230) -41.15%
Charges for services 43,134 18,576 11,459 26,590 7,669 22,190 (4,400) -16.55%
Fines & forfeitures 53,170 41,833 38,617 40,800 16,773 40,800 - 0.00%
Interest 88,247 118,620 187,181 155,000 - 104,000 (51,000) -32.90%
Miscellaneous 78,626 175,305 189,264 82,802 84,467 86,656 3,854 4.65%
Transfers:- 0.00%
Special Projects Fund - - 90,000 90,000 - 90,000 - 0.00%
DARE Fund - - 4,393 4,393 - 4,393 - 0.00%
Water Fund 53,735 56,422 58,115 59,859 - 61,655 1,796 3.00%
Sewer Fund 42,560 44,688 46,030 47,411 - 48,833 1,422 3.00%
Street Light Fund - 2,000 2,060 2,122 - 2,186 64 3.02%
Levy Reduction Fund - 157,600 249,000 249,315 - 250,000 685 0.27%
Levy Reduction Fund - permits 203,785 134,000 80,000 - - - - 0.00%
Vehicle & Equipment Fund 239,500 141,500 117,250 165,500 - 65,600 (99,900) -60.36%
Total revenues 5,353,380 5,438,411 5,628,431 6,091,889 2,504,725 5,559,668 (532,221) -8.74%
Expenditures:
Legislative Services:
City Council 49,619 51,470 49,409 52,869 27,959 49,974 (2,895) -5.48%
Advisory Commissions 15,175 16,018 22,245 11,900 1,303 14,400 2,500 21.01%
Subtotal 64,794 67,488 71,654 64,769 29,262 64,374 (395) -0.61%
Administrative Services:
City Administrator 196,263 177,895 181,283 225,458 112,853 217,911 (7,547) -3.35%
Elections 31,645 14,409 32,049 14,848 6,968 38,106 23,258 156.64%
Finance 207,315 221,996 232,688 259,954 132,193 250,352 (9,602) -3.69%
Central Services 312,323 260,206 242,641 248,201 99,168 238,082 (10,119) -4.08%
Subtotal 747,546 674,506 688,661 748,461 351,182 744,451 (4,010) -0.54%
Community Development 490,652 469,777 459,520 496,652 244,533 485,890 (10,762) -2.17%
Police 1,972,163 2,086,448 2,235,909 2,405,030 1,242,264 2,315,715 (89,315) -3.71%
Fire 231,432 283,732 292,697 329,990 290,951 329,202 (788) -0.24%
Public Works Administration 110,866 96,759 113,957 127,644 60,305 120,787 (6,857) -5.37%
Parks, Recreation & Forestry:
Recreation 118,367 122,566 136,343 125,600 79,457 125,600 - 0.00%
Parks 391,498 308,718 316,080 360,190 166,600 308,586 (51,604) -14.33%
Forestry 84,029 62,945 49,675 71,508 30,605 61,450 (10,058) -14.07%
Subtotal 593,894 494,229 502,098 557,298 276,662 495,636 (61,662) -11.06%
Fleet Services:
Building & Grounds Mtnce 106,286 122,568 138,150 142,198 71,780 136,185 (6,013) -4.23%
Vehicle & Equipment Mtnce 87,865 81,510 92,739 83,119 52,278 84,320 1,201 1.44%
Subtotal 194,151 204,078 230,889 225,317 124,058 220,505 (4,812) -2.14%
Streets:
Pavement Management 198,654 185,174 204,005 234,628 82,556 190,869 (43,759) -18.65%
Snow & Ice Control 115,045 122,264 130,272 129,508 74,337 128,045 (1,463) -1.13%
Sign Maintenance 28,863 34,621 37,262 35,938 17,037 36,418 480 1.34%
Subtotal 342,562 342,059 371,539 400,074 173,930 355,332 (44,742) -11.18%
Other
Convention & Visitor's Bureau 51,989 50,071 48,715 49,400 16,012 48,450 (950) -1.92%
Social Service Coordination 17,405 17,927 18,375 18,926 18,926 18,926 - 0.00%
Miscellaneous/contingency 9,477 4,069 5,400 157,000 2,268 106,500 (50,500) -32.17%
Transfers to other funds 375,000 350,000 350,000 360,000 - 230,000 (130,000) -36.11%
Debt service - Fire Bonds 156,512 203,724 150,626 151,328 74,642 147,195 (4,133) -2.73%
Subtotal 610,383 625,791 573,116 736,654 111,848 551,071 (185,583) -25.19%
Total expenditures 5,358,443 5,344,867 5,540,040 6,091,889 2,904,995 5,682,963 (408,926) -6.71%
Net change in fund balance (5,063) 93,544 88,391 - (400,270) (123,295) (123,295)
Beginning Fund Balance 2,478,226 2,473,163 2,566,707 2,655,099 2,655,099 2,655,099
Ending Fund Balance 2,473,163 2,566,707 2,655,099 2,655,099 2,254,829 2,531,804 (123,295)
09/03/2009 1:44 PM1
Item No: 7.A.
Meeting Date: September 14, 2009
Type of Business: Council Business
City Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 7494 Authorizing Certification of the Proposed
General Fund Budget and Property Tax Levy for Fiscal Year
2010
State law requires that the City certify a proposed 2010 General Fund Budget and proposed 2010
property tax levy to Ramsey County by September 15, 2009. This was last discussed at the
September 8, 2009 work session.
The City Council directed staff to use a preliminary General Fund levy increase of 1% or $37,994, this
does not off-set the expected Local Government Aid cuts anticipated of $340,000, but with one-time
expenditure reductions and use of fund balance the City can balance the 2010 budget. Council also
directed staff to include a Street Improvement Fund levy of $300,000 or 7.9%.
The base General Fund levy would be $3,250,519 and special levies for Fire Debt Service of
$154,555, police personnel referendum of $208,000, PERA rate increase special levy of $34,704 for a
total General Fund levy of $3,647,778. The base levy for the Street Improvement fund would be
$300,000. The 2004 Improvement Bond Debt Service Fund has a special levy of $189,609. The total
of all base and special levies proposed is $4,137,387, an increase of $337,994 or 8.9% over 2009.
Sample Estimated Home Tax Impact
City of Mounds View Only
8.90%
2009 Home 2009 2010 Home Increase
Taxable City Taxable 2010 City
Value Tax Value Tax Difference
$ 128,546 $ 415.86 $ 119,921 495.75 $ 79.89
160,683 519.82 149,901 619.68 99.86
192,819 623.79 179,881 743.62 119.83
199,700 646.05 186,300 770.16 124.11
224,956 727.75 209,861 867.56 139.80
257,092 831.72 239,841 991.49 159.77
Once this amount is set, the levy can not be increased. The final levy will be adopted on December
14, 2009 along with the General Fund budget and the other City funds budgets.
Respectfully submitted,
___________________________
Mark Beer
RESOLUTION NO. 7494
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution Authorizing Certification of the Proposed General Fund Budget and
Property Tax Levy for Fiscal Year 2010
WHEREAS, current state statute requires cities to certify a proposed budget and tax
levy to the county auditor; and,
WHEREAS, guidelines established by the Commissioner of Revenue require
certification to occur on or before September 15, 2009; and
WHEREAS, the Department of Revenue has certified the amount of Local
Government Aid payable in 2010.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View that the proposed budget for the General Fund for fiscal year 2010 is $5,682,963.
BE IT FURTHER RESOLVED that the proposed 2010 base property tax levy is
$3,550,519 (General Fund $3,250,519 and Street Improvement Fund $300,000) and the
proposed 2010 special levies are $586,868 for a total net property tax levy of $4,137,387.
BE IT FURTHER RESOLVED that the Finance Director shall certify these amounts
to the Ramsey County Auditor.
Adopted this 14th Day of September 2009.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson, Clerk-Administrator
(SEAL)
Item No: 7.B
Meeting Date: September 14, 2009
Type of Business: Council Business
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 7495 Establishing Public Hearing Dates for the
Proposed General Fund Budget and Property Tax Levy for
Fiscal Year 2010
The Truth in Taxation laws have changed and there no longer is an exemption from holding
the public hearing when the levy increase is less than the “implicit price deflator”. Mounds
View has always held a Truth in Taxation hearing regardless of the exemption so the law
change does not affect us.
The State has reserved Monday, December 7, 2009 and Monday, December 14, 2009 for
use by cities. Cities may select other days if they wish, but then must work around dates
selected by counties, school districts, and special districts that were given priority for those
dates by the State.
I recommend that since the Mounds View City Council normally meets on Mondays, that the
initial Truth in Taxation public hearing be held on Monday, December 7, 2009 and that the
continuation public hearing be held on Monday, December 14, 2009. The continuation
public hearing may be part of the regular City Council meeting on Monday, December 14,
2009.
Final adoption of the a budget and property tax levy for 2010 may happen at the regular City
Council meeting on Monday, December 14, 2009.
The attached resolution establishes December 7, 2009 and December 14, 2009 as the
dates for the Truth in Taxation public hearings.
Respectfully submitted,
___________________________
Mark Beer
RESOLUTION NO. 7495
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution Establishing Public Hearing Dates for the Proposed General Fund
Budget and Property Tax Levy for Fiscal Year 2010
WHEREAS, the City is required to hold a truth in taxation hearing under the truth in
taxation laws, as part of the budget process to adopt its final General Fund Budget and
Property Tax Levy for fiscal year 2010; and,
WHEREAS, the City Council would like to provide an opportunity for public comment
at a public hearing on the 2010 General Fund Budget and Property Tax Levy; and
WHEREAS, the City Council must select dates for an initial public hearing and a
continuation public hearing; and
WHEREAS, certification of the public hearing dates to the Ramsey County Auditor
must occur on or before September 15, 2009.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View that the initial Truth in Taxation public hearing will be held on Monday, December 7,
2009 at 6:00 p.m. at the Mounds View City Hall.
BE IT FURTHER RESOLVED that the continuation Truth in Taxation public hearing,
if needed, will be held as part of the regular City Council meeting on Monday, December
14, 2009 at 7:05 p.m. at the Mounds View City Hall.
BE IT FURTHER RESOLVED that the adoption of the final General Fund Budget
and Property Tax Levy for fiscal year 2010 may occur as part of the regular City Council
meeting on Monday, December 14, 2009 at 7:05 p.m. at the Mounds View City Hall.
BE IT FURTHER RESOLVED that the Finance Director shall certify these dates to
the Ramsey County Auditor.
Adopted this 14th Day of September 2009.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson, Clerk-Administrator
(SEAL)
Item No: 7C & 7D
Meeting Date: September 14, 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: Introduction and First Reading of Zoning Code
Amendments, Ordinances 828 and 832
Introduction:
Community Development staff has been working on several city code amendments. The
Planning Commission and City Council have reviewed the following two amendments and
staff has drafted language based on these discussions.
Discussion:
The Planning Commission and City Council has reviewed the following code amendments.
Staff recommends that the City Council introduce and hold the first reading of the following
ordinances:
• Ordinance 828: Amending Chapters 1102, 1104 and 1106 of the Mounds View
Zoning Code about the definition of building height and about various code provisions
about accessory buildings including maximum allowed height, roof pitch or slope,
required accessory building separation distance, materials and exterior design.
• Ordinance 832: Amending Chapters 1102 and 1106 of the Mounds View Zoning
Code to allow child and adult daycare centers as an accessory or secondary use in R-
1 zoning districts, in public or semi-public recreational buildings and neighborhood or
community centers, public and private educational institutions limited to elementary,
junior high and senior high schools and religious institutions, such as churches,
temples and synagogues.
Recommendation:
Approve the introduction and first reading of Ordinances 828 and 832.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments
1. Ordinance 828
2. Ordinance 832
ORDINANCE 828
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 1102, 1104 AND 1106 OF THE MOUNDS
VIEW ZONING CODE ABOUT THE DEFINITION OF BUILDING HEIGHT AND
ABOUT VARIOUS CODE PROVISIONS ABOUT ACCESSORY BUILDINGS
INCLUDING HEIGHT, REQUIRED ACCESSORY BUILDING SEPARATION
DISTANCE, MATERIALS AND EXTERIOR DESIGN
THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN:
SECTION 1: Chapter 1102 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions stricken as follows:
Chapter 1102.02, Definitions:
Subd. 12. Building Height. Building height is to be measured from the average
established curb level or from the average ground level at the building line,
whichever is higher, to the top of the cornice of a flat roof, to the deck line of a
mansard roof and to the mean distance of the highest gable on a pitched or
hipped roof to the highest roof surface.
SECTION 2: Chapter 1104 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions stricken as follows:
Chapter 1104.02, Subd. 3, Height Limitations:
f. The height of any accessory building or structure shall not exceed 18 feet or
that of the principal structure, whichever is less.
SECTION 3: Chapter 1106 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions stricken as follows:
Chapter 1106.03, Subd. 1. Accessory Uses:
b. Accessory buildings shall not exceed fifteen eighteen feet (18’) or that of
the principal structure, whichever is less, in height, and shall be five feet (5’) or
more from all lot lines of adjoining lots and shall have a pitch or slope of at least
2-12. Accessory buildings 120 square feet or under shall be three feet (3’) or
more from any other building or structure on the same lot. Accessory buildings
over 120 square feet shall meet the minimum fire separation distance as required
by the Minnesota State Building Code.
Ordinance 828
Page 2
SECTION 4. Chapter 1106 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions stricken as follows:
g. Accessory buildings shall have a weather resistant, treated or finished exterior.
Structures composed of tubular metal and canvas or exposed plywood, particle
board or similar materials shall not be permitted. The City does not allow cloth,
canvas, plastic sheets and tarps or similar materials as primary exterior materials on
accessory buildings (except for green houses).
SECTION 5. Chapter 1106 of the Mounds View Zoning Code is hereby amended with the
proposed additions underlined and the deletions stricken as follows:
i. The roof of all accessory buildings exceeding two hundred fifty (250) square feet
in size shall:
1. Match or be similar to the character and style of the roof of the principal
structure.
2. Have a pitch or slope of at least 2-12.
SECTION 6. This ordinance takes effect 30 days after its publication in the official City
newspaper.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View
this September 14, 2009.
PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City
of Mounds View this September 28, 2009.
PUBLICATION DATE: October 8, 2009.
__________________________
Joe Flaherty, Mayor
ATTEST:
__________________________
James Ericson, Clerk-Administrator
(seal)
ORDINANCE 832
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 1102 and 1106 OF THE MOUNDS VIEW
ZONING CODE TO ALLOW CHILD AND ADULT DAYCARE CENTERS AS AN
ACCESSORY OR SECONDARY USE IN R-1 ZONING DISTRICTS IN PUBLIC OR
SEMI-PUBLIC RECREATIONAL BUILDINGS AND NEIGHBORHOOD OR
COMMUNITY CENTERS, PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS
LIMITED TO ELEMENTARY, JUNIOR HIGH AND SENIOR HIGH SCHOOLS AND
RELIGIOUS INSTITUTIONS, SUCH AS CHURCHES, TEMPLES AND SYNAGOGUES
The Council of the City of Mounds View does hereby ordain:
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
1102.02 of the Mounds View Zoning Code be amended by adding a definition for Adult Day
Care as follows:
DAY CARE, ADULT: A non-residential facility or program that provides care or
activities for elderly and/or handicapped individuals.
SECTION 2: Chapter 1106 of the Mounds View Municipal Code is hereby amended with the
proposed additions underlined and the deletions stricken as follows:
1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District
(requiring a conditional use permit based upon procedures set forth in and regulated by
Section 1125.01 of this Title):
Subd. 1. Public or semi-public recreational buildings and neighborhood or community
centers, public and private educational institutions limited to elementary, junior high and
senior high schools and religious institutions, such as churches, chapels, temples and
synagogues; provided, that:
a. Front yard depths shall be a minimum of thirty five feet (35').
b. Side yards shall be no less than thirty feet (30').
c. Minimum lot area shall be no less than one (1) acre, or as provided in Section
1104.02, subdivision 2b(3). (Ord. 590, 11-25-96)
d. Adequate screening from abutting residential uses and landscaping is provided in
compliance with Section 1103.08 of this Title.
Ordinance 832
Page 2
e. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street to the principal use in compliance with
Chapter 1121 of this Title and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in compliance with Section
1103.08 of this Title.
f. Adequate off-street loading and service entrances are provided and regulated where
applicable by Chapter 1122 of this Title.
g. The provisions of Section 1125.01, subdivision 1e of this Title are considered and
satisfactorily met. (Ord. 590, 11-25-96)
h. Day care center, group nursery or adult day care operating as a secondary or
accessory use in a public or semi-public recreational building, neighborhood or
community center, public and private educational institution limited to elementary, junior
high and senior high schools, and religious institutions, such as churches, chapels,
temples and synagogues; subject to the following conditions:
a. No overnight facilities are provided for the persons served. The
individuals shall be transported to and from the facility daily.
b. All signing and informational or visual communication devices shall meet
the requirements of the Mounds View Sign Code.
c. The distance between any outdoor play yard for a day care center or
group nursery and the Highway 10 right-of-way line shall be a minimum of two
hundred feet (200'), except as provided in Section 1123.02, subdivision 1c.
d. No day care center or group nursery shall be permitted where the
distance from the property line for the day care center or group nursery to a
premise requiring a liquor license, as provided in Section 502 of the Municipal
Code, or a license for an adult establishment, as provided in Section 513 of the
Municipal Code, is five hundred feet (500') or less, except that the five hundred
(500) foot requirement shall not apply to any liquor establishment receiving at
least sixty percent (60%) of its annual gross sales revenue from the sale of
food.
e. The operator shall secure all necessary Ramsey County or State of
Minnesota licenses and approvals.
Ordinance 832
Page 3
SECTION 3. This ordinance shall take effect and be in force 30 days from its publication, in
accordance with Section 3.09 of the City Charter.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View
this September 14, 2009.
PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City
of Mounds View this September 28, 2009.
PUBLICATION DATE: October 8, 2009.
__________________________
Joe Flaherty, Mayor
ATTEST:
__________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 7G
Meeting Date: Sept 14, 2009
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Review Revisions to the Charitable Gambling Code
Introduction:
Staff has been aware for some time that the City’s charitable gambling requirements,
buried within the chapters dealing with liquor licensing, are in need of revision. Staff asked
Kennedy & Graven to review the regulations and to suggest revisions that would be
consistent with MN Statutes. The proposed revisions are attached.
Discussion:
Presently, state law requires that the local unit of government approve premises permits for
organizations licensed to conduct lawful gambling. The City does not have a say in
whether a group receives a license, only where such organizations may operate. There are
certain activities (identified as excluded or exempted activities in Statutes) that the
gambling board does not require a license to operate. These are most often related to
Bingo at community events, such as the Community Theatre doing Bingo at the Festival, or
temporary events such as the Shipwreck Museum last February at the Mermaid. In the
proposed ordinance, these approvals are called “local permits” and would necessitate
Council action.
Previous Action:
The City Council reviewed the proposed changes at the September 8, 2009 work session.
A number of options were considered regarding the ordinance provisions, which are
summarized as follows:
• The City should continue to issue local permits for excluded and exempt activities
• The code should limit the number of locations at which a licensed organization may
operate (no more than 2)
• Licensed organizations shall contribute 10% of net gambling profits to the City
• Exempt and Excluded operations would NOT be subject to the 10% contribution
provision
• Premises permits shall only be approved for on-sale liquor licensed establishments
• City would allow more than one licensed organization to operate within one premises
• Organizations seeking a local permit shall have been in existence for three years, shall
have five or more active members and be located in the trade area.
• Licensed organizations shall expend 75% of their lawful purpose expenditures within the
trade area
The changes recommended by the City Council at their work session including those
options noted above, have been incorporated into Ordinance 835, attached for the
Council’s consideration.
Charitable Gambling Code Amendments
September 14, 2009
Page 2
Lawful Expenditures:
Minnesota Statutes, 349.213, Subd. 1, allows a City to require that licensed organizations
contribute ten percent of their net gambling profits to the City. State law indicates that the
City is held to the same standards as the licensed organization regarding the expenditures
of these funds. (Refer to the list of lawful expenditures attached to this report.) The City is
also required to submit an annual report to the Gambling Control Board if it chooses to
collect such contributions from the licensed organizations. Desaree Crane has contacted
the two licensed organizations presently conducting lawful gambling in the City (Spring
Lake Park Lions at Robert’s and Lake Region Hockey at Moe’s) and asked both for
feedback on this proposed contribution.
Recommendation:
Staff recommends the Council approve the first reading and adoption of Ordinance 835, an
Ordinance amending Chapters 502 and 503 of the City Code relating to liquor licensing and
establishing a new Chapter 518 to deal specifically Lawful gambling.
If you should have any questions regarding the proposed revisions, please do not hesitate
to call me or Assistant Clerk-Administrator Desaree Crane.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
Attachments:
1. Lawful Purpose Expenditures
2. Ordinance 835
Lawful Purpose Expenditures from MN Statutes Chapter 349
"Charitable contribution" means one or more of the lawful purposes expenditures under section
349.12, subdivision 25, paragraph (a), clauses (1) to (7), (10), (11), (13) to (15), and (19).
(a) "Lawful purpose" means one or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or festival organization, as defined in
subdivision 15a, provided that the organization and expenditure or contribution are in conformity
with standards prescribed by the board under section 349.154, which standards must apply to both
types of organizations in the same manner and to the same extent;
(2) a contribution to or expenditure for goods and services for an individual or family
suffering from poverty, homelessness, or disability, which is used to relieve the effects of that
suffering;
(3) a contribution to a program recognized by the Minnesota Department of Human Services
for the education, prevention, or treatment of problem gambling;
(4) a contribution to or expenditure on a public or private nonprofit educational institution
registered with or accredited by this state or any other state;
(5) a contribution to an individual, public or private nonprofit educational institution
registered with or accredited by this state or any other state, or to a scholarship fund of a
nonprofit organization whose primary mission is to award scholarships, for defraying the cost of
education to individuals where the funds are awarded through an open and fair selection process;
(6) activities by an organization or a government entity which recognize military service to
the United States, the state of Minnesota, or a community, subject to rules of the board, provided
that the rules must not include mileage reimbursements in the computation of the per diem
reimbursement limit and must impose no aggregate annual limit on the amount of reasonable and
necessary expenditures made to support:
(i) members of a military marching or color guard unit for activities conducted within the
state;
(ii) members of an organization solely for services performed by the members at funeral
services;
(iii) members of military marching, color guard, or honor guard units may be reimbursed for
participating in color guard, honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35 per diem; or
(iv) active military personnel and their immediate family members in need of support
services;
(7) recreational, community, and athletic facilities and activities intended primarily for
persons under age 21, provided that such facilities and activities do not discriminate on the basis
of gender and the organization complies with section 349.154;
(10) a contribution to the United States, this state or any of its political subdivisions, or any
agency or instrumentality thereof other than a direct contribution to a law enforcement or
prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit organization which is a church or body
of communicants gathered in common membership for mutual support and edification in piety,
worship, or religious observances;
(13) a contribution to or expenditure on projects or activities approved by the commissioner
of natural resources for:
(i) wildlife management projects that benefit the public at large;
(ii) grant-in-aid trail maintenance and grooming established under sections 84.83 and
84.927, and other trails open to public use, including purchase or lease of equipment for this
purpose; and
(iii) supplies and materials for safety training and educational programs coordinated by the
Department of Natural Resources, including the Enforcement Division;
(14) conducting nutritional programs, food shelves, and congregate dining programs
primarily for persons who are age 62 or older or disabled;
(15) a contribution to a community arts organization, or an expenditure to sponsor arts
programs in the community, including but not limited to visual, literary, performing, or musical
arts;
(19) a contribution or expenditure to honor an individual's humanitarian service as
demonstrated through philanthropy or volunteerism to the United States, this state, or local c
community.
The above lawful purpose expenditures are summarized on the form that the City
would be required to submit annually as follows:
A1 To 501(c)(3) organization or 501(c)(4) festival organization
A2 Relieving effects of poverty, homelessness, or disability
A3 Program for education, prevention, or treatment of problem gambling
A4 Public or private nonprofit school
A5 Scholarship fund
A6 Recognition of military service (open to public) or support for active military
personnel and their immediate family members in need
A7 Activities and facilities for youth
A10 Expenditures for police, fire, and other emergency or public safety-related
services, equipment, and training. NOT ALLOWED: pension or retirement funds
A11 Church
A13 With DNR approval, wildlife management projects/activities that benefit public-at-
large; grooming and maintaining snowmobile or all-terrain trails, or other trails
open to public use; supplies and materials for DNR-coordinated safety training
and education programs
A14 Nutritional programs, food shelves, and congregate dining programs primarily for
persons 62 or older or disabled
A15 Community arts organizations, or sponsorship of community arts programs
A19 Humanitarian service - recognizing volunteerism or philanthropy
354701v2 MJM MU125-65
1
ORDINANCE NO. 835
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW
CITY CODE BY CREATING A NEW CHAPTER 518 REGULATING
LAWFUL GAMBLING AND AMENDING TITLE 500, SECTIONS 502.13
AND 503.09, TO BE CONSISTENT WITH THE NEW CHAPTER 518
THE CITY OF MOUNDS VIEW, MINNESOTA, ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500 of
the Mounds View Municipal Code by adding Chapter 518 as follows:
Section
518.01 Adoption of State Law by Reference
518.02 Purpose
518.03 Definitions
518.04 Applicability
518.05 Lawful Gambling Permitted with Council Approval
518.06 Application and Local Approval of Premises Permits
518.07 Local Permits
518.08 Revocation and Suspension of Local Permit
518.09 License and Permit Display
518.10 Notification of Material Changes to Application
518.11 Contribution of Net Profits to Fund Administered by City
518.12 Designated Trade Area
518.13 Records and Reporting
518.14 Hours of Operation
518.15 Penalty
518.16 Severability
518.01: ADOPTION OF STATE LAW BY REFERENCE:
The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time,
with reference to the definition of terms, conditions of operation, provisions relating to sales, and
all other matters pertaining to lawful gambling are hereby adopted by reference and are made a
part of this ordinance as if set out in full. It is the intention of the Council that all future
amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced
as if they had been in existence at the time this ordinance was adopted.
354701v2 MJM MU125-65
2
518.02: PURPOSE:
The purpose of this ordinance is to regulate lawful gambling within the City of Mounds View to
ensure the integrity of operations, and to provide for the use of net profits only for lawful
purposes.
518.03: DEFINITIONS:
In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be
amended from time to time, the following terms are defined for purposes of this ordinance:
BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board.
CITY, as used in this ordinance, means the City of Mounds View.
COUNCIL, as used in this ordinance, means the City Council of the City of Mounds View.
LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the
Board.
LOCAL PERMIT, as used in this ordinance, means a permit issued by the City.
TRADE AREA, as used in this ordinance, means the City, Blaine, Shoreview, Arden Hills, New
Brighton, Fridley, and Spring Lake Park.
518.04: APPLICABILITY:
This ordinance shall be construed to regulate all forms of lawful gambling within the City except
bingo conducted pursuant to Minnesota Statutes, Sections 349.166, subdivisions 1(b), as
amended from time to time.
518.05: LAWFUL GAMBLING PERMITTED WITH COUNCIL APPROVAL:
Lawful gambling is permitted within the City provided it is conducted in accordance with
Minnesota Statutes, Sections 609.75-609.763, inclusive, as they many be amended from time to
time; Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time
to time; and this ordinance. Lawful gambling shall not be conducted unless approved by the
Council.
518.06: APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS:
Subd. 1. Any organization seeking to obtain a premises permit or renewal of a premises
permit from the Board shall file with the clerk-administer an executed, complete duplicate
application, together with all exhibits and documents accompanying the application as will be
filed with the Board.
354701v2 MJM MU125-65
3
Subd. 2. Upon receipt of an application for issuance or renewal of a premises permit, the
clerk-administer shall transmit the application to the chief of police for review and
recommendation.
Subd. 3. The chief of police shall investigate the matter and make the review and
recommendation to the City Council as soon as possible, but in no event later than forty-five (45)
days following receipt of the notification by the City.
Subd. 4. Organizations applying for a state issued premises permit shall pay the City an
annual $100 investigation fee. This fee shall be refunded if the application is withdrawn before
the investigation is commenced.
Subd. 5. The applicant shall be notified in writing of the date on which the Council will
consider the recommendation.
Subd. 6. The Council shall receive the police chief's report and consider the application
within forty-five (45) days of the date the application was submitted to the clerk-administer.
Subd. 7. The Council shall, by resolution, approve or disapprove the application within
sixty (60) days of receipt of the application.
Subd. 8. The Council shall deny an application for issuance or renewal of a premises
permit for any of the following reasons:
(a) Violation by the gambling organization of any state statute, state rule, or city
ordinance relating to gambling within the last three (3) years.
(b) Violation by the on-sale establishment, or organization leasing its premises for
gambling, of any state statute, state rule, or city ordinance relating to the operation of the
establishment, including, but not limited to, laws relating to alcoholic beverages, gambling,
controlled substances, suppression of vice and protection of public safety within the last three (3)
years.
(c) Lawful gambling would be conducted at premises other than those for which an
on-sale liquor license has been issued.
(d) Lawful gambling would be conducted at more than two (2) premises within the
City.
(e) Failure of the applicant to pay the investigation fee required by this Section within
the prescribed time limit.
(f) Operation of gambling at the site would be detrimental to health, safety, and
welfare of the community.
Otherwise the Council shall pass a resolution approving the application.
354701v2 MJM MU125-65
4
518.07: LOCAL PERMITS:
Subd. 1. No organization shall conduct lawful gambling excluded or exempted from state
licensure requirements by Minnesota Statutes, Section 349.166, as it may be amended from time
to time, without a valid local permit.
Subd. 2. Applications for issuance or renewal of a local permit shall be on a form
prescribed by the City. The application shall contain the following information:
(a) Name and address of the organization requesting the permit.
(b) Name and address of the officers and person accounting for receipts, expenses,
and profits for the event.
(c) Dates of gambling occasion for which permit is requested.
(d) Address of premises where event will occur.
(e) Copy of rental or leasing arrangement, if any, connected with the event including
rental to be charge to organization.
(f) Estimated value of prizes to be awarded.
Subd. 3. The fee for a local permit shall be $100. The fee shall be submitted with the
application for a local permit. This fee shall be refunded if the application is withdrawn before
the investigation is commenced.
Subd. 4. Upon receipt of an application for issuance or renewal of a local permit, the clerk-
administer shall transmit the notification to the chief of police for review and recommendation.
Subd. 5. The chief of police shall investigate the matter and make review and
recommendation to the City Council as soon as possible, but in no event later than forty-five (45)
days following receipt of the notification by the City.
Subd. 6. The applicant shall be notified in writing of the date on which the Council will
consider the recommendation.
Subd. 7. The Council shall receive the public safety department’s report and consider the
application within forty-five (45) days of the date the application was submitted to the city clerk.
Subd. 8. The Council shall deny an application for issuance or renewal of a local permit for
any of the following reasons:
(a) Violation by the gambling organization of any state statute, state rule, or city
ordinance relating to gambling within the last three (3) years.
(b) Violation by the on-sale establishment, or organization leasing its premises for
gambling, of any state statute, state rule, or city ordinance relating to the operation of the
establishment, including, but not limited to, laws relating to the operation of the establishment,
laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and
protection of public safety within the last three (3) years.
(c) The organization has not been in existence in the Trade Area for at least three (3)
consecutive years prior to the date of application.
(d) The organization does not have at least five (5) active members.
354701v2 MJM MU125-65
5
(e) Exempted or excluded lawful gambling will not take place at a premises the
organization owns or rents.
(f) Failure of the applicant to pay the permit fee provided by this Section within the
prescribed time limit.
(g) Operation of gambling at the site would be detrimental to health, safety, and welfare
of the community.
Otherwise the Council shall approve the application.
Subd. 9. Local permits shall be valid for one year after the date of issuance unless
suspended or revoked.
518.08: REVOCATION AND SUSPENSION OF LOCAL PERMIT:
Subd. 1. A local permit may be revoked, or temporarily suspended for a violation by the
gambling organization of any state statute, state rule, or city ordinance relating to gambling.
Subd. 2. A license shall not be revoked or suspended until notice and an opportunity for a
hearing have first been given to the permitted person. The notice shall be personally served and
shall state the provision reasonably believed to be violated. The notice shall also state that the
permitted person may demand a hearing on the matter, in which case the permit will not be
suspended until after the hearing is held. If the permitted person requests a hearing, the Council
shall hold a hearing on the matter at least one week after the date on which the request is made.
If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council
may suspend or revoke the permit.
518.09: LICENSE AND PERMIT DISPLAY:
All permits issued under state law or this ordinance shall be prominently displayed during the
permit year at the premises where gambling is conducted.
518.10: NOTIFICATION OF MATERIAL CHANGES TO APPLICATION:
An organization holding a state issued premises permit or a local permit shall notify the City
within ten (10) days in writing whenever any material change is made in the information
submitted on the application.
518.11: CONTRIBUTION OF NET PROFITS TO FUND ADMINISTERED BY
CITY:
Subd. 1. Each organization licensed to conduct lawful gambling within the City pursuant
to Minnesota Statutes, Section 349.16, as it may be amended from time to time, shall contribute
ten (10) percent of its net profits derived from lawful gambling in the City to a fund administered
and regulated by the City without cost to the fund.
354701v2 MJM MU125-65
6
Subd. 2. Payment under this section shall be made annually on or before March 1 for the
prior calendar year, and shall be submitted together with verifiable supporting documentation.
Subd. 3. The City shall disburse the funds for charitable contributions as defined by
Minnesota Statutes Section 349.12, Subdivision 7a, as it may be amended from time to time.
518.12: DESIGNATED TRADE AREA:
Subd. 1. Each organization licensed to conduct gambling within the City shall expend at
least seventy-five percent (75%) of its lawful purpose expenditures on lawful purposes
conducted within the City’s Trade Area.
Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived
from gambling conducted at a premises within the City’s jurisdiction.
518.13: RECORDS AND REPORTING:
Subd. 1. Organizations conducting lawful gambling shall file with the clerk-administer one
copy of all records and reports required to be filed with the Board, pursuant to Minnesota
Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant
thereto, as they may be amended from time to time. The records and reports shall be filed on or
before the day they are required to be filed with the Board.
Subd. 2. Organizations licensed by the Board shall file a report with the City proving
compliance with the trade area spending requirements imposed by Section 518.12 (Designated
Trade Area). Such report shall be made on a form prescribed by the City and shall be submitted
annually and in advance of application for renewal.
518.14: HOURS OF OPERATION:
Lawful gambling shall not be conducted between 1 a.m. (or 2 a.m. if the premises has been
approved for the extended bar closing time) and 8 a.m. on any day of the week.
518.15: PENALTY:
Any person who violates:
(a) Any provision of this ordinance;
(b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from
time to time; or
(c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time
or any rules promulgated under those sections, as they may be amended from time to time shall
be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or
imprisonment for a term not to exceed ninety (90) days, or both, plus in either case the costs of
prosecution. In addition, violations shall be reported to the Board and recommendation shall be
made for suspension, revocation, or cancellation of an organization’s license.
354701v2 MJM MU125-65
7
518.16: SEVERABILITY:
If any provision of this ordinance is found to be invalid for any reason by a court of competent
jurisdiction, the validity of the remaining provisions shall not be affected.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 502, of the Mounds View Municipal Code by amending Section 502.13, subdivision 2,
as follows:
Subd. 2. Gambling Devices:
a. No licensee shall keep, possess or operate or permit the keeping, possession or
operation of any slot machines, dice or any gambling device or apparatus equipment on
the licensed premises or in any room adjoining the licensed premises in violation of
Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not
permit any gambling therein, except when in conjunction with an event licensed under
Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit
organization in the City, which has been in existence for at least three (3) years and has at
least thirty (30) active members.
b. No licensee shall conduct or permit to be conducted on any licensed premises “casino”
or “Las Vegas” events where guests are allowed to participate in gambling activities,
except when said guests are not required to provide monetary consideration for the right
to participate in the event.
c. By December 31st of each calendar year, a licensed organization conducting lawful
gambling within the City shall expend seventy five percent (75%) of its expenditures for
lawful purposes conducted or located within the City's trade area. The City's “trade area”
is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden
Hills, New Brighton and Fridley.
d. Each organization licensed to conduct charitable gambling in the City shall report
monthly to the City its gross receipts, expenses, and profits from those activities in and
the distribution of those profits, itemized as to payee, purpose, amount and date of
payment. Organizations licensed to conduct charitable gambling at more than one (1) site
must provide the above-mentioned information for each site within the City. These
requirements may be satisfied by submission of copies of the monthly reports required by
the Gambling Control Board.
SECTION 3. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 503, of the Mounds View Municipal Code by amending Section 503.09, subdivision 8,
as follows:
Subd. 8. Gambling and Gambling Devices:
a. No licensee shall keep, possess or operate or permit the keeping, possession or
operation of any slot machines, dice or any gambling device or apparatus equipment on
the licensed premises or in any room adjoining the licensed premises in violation of
354701v2 MJM MU125-65
8
Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not
permit any gambling therein, except when in conjunction with an event licensed under
Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit
organization in the City, which has been in existence for at least three (3) years and has at
least thirty (30) active members.
b. No licensee shall conduct or permit to be conducted on any licensed premises “casino”
or “Las Vegas” events where guests are allowed to participate in gambling activities,
except when said guests are not required to provide monetary consideration for the right
to participate in the event.
c. By December 31st of each calendar year, a licensed organization conducting lawful
gambling within the City shall expend seventy five percent (75%) of its expenditures for
lawful purposes conducted or located within the City's trade area. The City's “trade area”
is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden
Hills, New Brighton and Fridley.
d. Each organization licensed to conduct charitable gambling in the City shall report
monthly to the City its gross receipts, expenses, and profits from those activities in and
the distribution of those profits, itemized as to payee, purpose, amount and date of
payment. Organizations licensed to conduct charitable gambling at more than one (1) site
must provide the above-mentioned information for each site within the City. These
requirements may be satisfied by submission of copies of the monthly reports required by
the Gambling Control Board.
SECTION 4. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading: September 14, 2009
Second Reading and Adoption: September 28, 2009
Publication Date: October 8, 2009
Joe Flaherty, Mayor
Attest:
_______________________________
Jim Ericson, Clerk-Administrator
(seal)
Item No: 07I
Meeting Date: September 14, 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 7497 Approving a Step Increase for Brett
Brisbois, Public Works Maintenance
Background:
Brett Brisbois is a current employee with the City of Mounds View. His supervisor, Steve
Dazenski, has reviewed his performance as it relates to his responsibilities outlined in the
job description.
Discussion:
It was determined that Brett Brisbois has satisfactorily performed in the capacity of his
position, and therefore, a step increase wage adjustment is consistent with the Mounds
View Personnel Manual and the Public Works Collective Bargaining Unit contract.
Recommendation:
Staff recommends approval of Resolution 7497, approving the wage increases.
Respectfully Submitted,
__________________________
Desaree Crane
RESOLUTION 7497
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING STEP/LONGEVITY ADJUSTMENT
WHEREAS, the following below is a regular full-time employee who is currently
working for the City of Mounds View; and
WHEREAS, his supervisor reviewed his performance as it relates to the
responsibilities outlined in the job description; and
WHEREAS, his supervisor determined that the following employee below has
satisfactorily performed in the capacity of his position documented in his performance
review on file; and
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.
NAME CURRENT
POSITION
DATE OF
EMPLOYMENT/
CURRENT POSITION
CURRENT
STEP &
WAGE
STEP &
WAGE
ADJUSTMENT
EFFECTIVE
DATE OF
ADJUSTMENT
Brett
Brisbois
Public Works
Maintenance
October 11, 2006 Level B:
$22.88/hr
Level C:
$24.07/hr
Oct 11, 2009
Adopted this 14th day of September, 2009.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 08A
Meeting Date: September 14, 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. Both contractor licenses will
expire on December 31, 2009. Both applicants have submitted appropriate fees and proof of
insurance. These companies are “new” which means that they have never been licensed with the
City or they may have been licensed with the City in the past, but were not licensed in 2008.
Citywide Asphalt, Inc. Asphalt New
VSI Construction, Inc. General (Commercial) New
Recommendation: Approve license applications as requested
Item No: 8D
Meeting Date: September 14, 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 7498, a Resolution Accepting the Donation of a
Digital Camera for the Event Center at the Mounds View
Community Center
Discussion:
A resident became aware that the event center coordinator at the Mounds View
Community Center did not have ready access to a digital camera for use in documenting
events at the MVCC.
Believing that the event center coordinator SHOULD have a digital camera available for
use in documenting such events, the resident purchased a Nikon brand digital camera,
memory card and batteries and donated these items to the City for use by the event center
coordinator.
Recommendation:
The City Council needs to formally accept such a donation and accordingly staff prepared
the attached Resolution 7498 which acknowledges receipt and acceptance of the items
noted.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
RESOLUTION 7498
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLTUION ACCEPTING A DONATION OF A NIKON DIGITAL CAMERA
AND DIGITAL MEDIA MEMORY CARD
WHEREAS, a resident became aware that the event center coordinator at the
Mounds View Community Center had a need for a digital camera; and,
WHEREAS, to address this need, the resident purchased and donated a new Nikon
digital camera, batteries and digital media memory card to be used by the event center
coordinator at the Mounds View Community Center.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
acknowledges and accepts the generous donation of the Nikon digital camera, batteries
and digital media memory card.
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mounds View City
Council extends its grateful appreciation to the resident for such generosity.
Adopted this 14th day of September, 2009
_____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 8E
Meeting Date: September 14, 2009
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mike Sommer, Police Chief
Item Title/Subject: Resolution 7492, Authorization to Enter into a Grant
Agreement with the Minnesota Department of Public
Safety, Office of Traffic Safety Safe and Sober
Project
Date of Report: September 14, 2009
Background:
The Mounds View Police Department in partnership with the Ramsey County Sheriff’s
Department, the Police Departments of New Brighton, Roseville, Maplewood, St. Anthony
Village, North St. Paul and White Bear Lake applied for and have been awarded a grant from
the Department of Public Safety for the Safe and Sober project. The purpose of the grant is
to allow agencies to conduct highly publicized, overtime enforcement projects addressing
traffic safety issues with an emphasis on impaired driving and passenger protection use. The
Safe & Sober Grant Program provides funds to law enforcement agencies to conduct
stepped-up traffic enforcement and community outreach. Each year, requests for Safe &
Sober overtime grants equal about twice the federal funding available. The grant funds are
available on a cost reimbursement basis; costs are reimbursed after they are incurred and
paid by the grantee agencies. The project year begins on October 1, 2009 and ends on
September 30, 2010.
The Mounds View Police Department will use the funds from the grant to pay officers to work
various traffic enforcement projects. The Mounds View Police grant award for 2009-2010 is
$24,000.
Recommendation: Staff recommends Council authorize acceptance of the grant.
Respectfully submitted,
_______________________
Mike Sommer, Police Chief
RESOLUTION 7492
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE MOUNDS VIEW POLICE DEPARTMENT to
ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY FOR THE SAFE AND SOBER
PROJECT FROM OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010.
WHEREAS, the Mounds View Police Department along with the Ramsey County
Sheriff’s Department, New Brighton Police Department, White Bear Lake Police
Department, St. Anthony Village Police Department, North St. Paul Police Department and
the Roseville Police Department have applied for and been awarded a grant from the
Department of Public Safety Safe and Sober program to conduct highly publicized,
overtime enforcement projects addressing traffic safety issues; and,
WHEREAS, the grant funds will cover overtime personnel costs incurred through
Safe and Sober enforcement efforts which will be reimbursed to the city of Mounds View;
and,
WHEREAS, all allocated manpower resources will be on a volunteer basis, and will
be on an officers scheduled time off; and
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby authorize the Mounds View Police Department to enter into a grant agreement with
the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled
SAFE & SOBER Communities during the period from October 1, 2009 through September
30, 2010; and,
NOW, BE IT FURTHER RESOLVED that the Chief of Police of the Mounds View
Police Department is hereby authorized to execute such agreements and amendments as
are necessary to implement the project on behalf of the Mounds View Police Department,
and to be the fiscal agent and administer the grant.
Adopted this 14th day of September, 2009
_______________________________
Joe Flaherty, Mayor
ATTEST
_______________________________
James Ericson, City Clerk-Administrator
(SEAL)
Item No: 8F
Meeting Date: September 14, 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 7499, a Resolution Appointing Representatives to
the Metropolitan Airports Commission (MAC) Anoka County
Blaine Airport Advisory Commission
Introduction:
The Metropolitan Airports Commission (MAC) established an airport advisory commission
to provide a mechanism for communities and their residents to interact with MAC and to act
as a liaison between the Anoka County / Blaine airport and the surrounding municipalities.
Discussion:
David Jahnke and Barbara Haake were appointed to serve on the Airport Advisory
Commission by the City Council on January 9, 2006. Both individuals were reappointed in
2008. Due to the unfortunate passing of Mr. Jahnke, the City Council needs to make
another appointment and, at the same time, the Council may choose to re-appoint Ms.
Haake to another two-year term on the Commission, commencing January 1, 2010. Staff
contacted Ms. Haake who expressed a strong desire to remain on the Commission.
In a discussion with the City Council at its meeting on August 24, 2009, the Council
suggested that its preference would be to appoint the Clerk-Administrator to serve on the
Commission with Ms. Haake.
Recommendation:
Approve Resolution 7499 which appoints Jim Ericson, Mounds View Clerk-Administrator, to
serve the balance of Mr. Jahnke’s term on the Commission and the subsequent two-year
term beginning on January 1, 2010 and re-appoints Barbara Haake to serve another two-
year term on the Anoka County / Blaine Airport Advisory Commission, to represent the City
of Mounds View.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
RESOLUTION 7499
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING CITY REPRESENTATIVES TO THE
METROPOLITAN AIRPORTS COMMISSION’S
ANOKA COUNTY / BLAINE AIRPORT ADVISORY COMMISSION
WHEREAS, Barbara Haake and David Jahnke were reappointed by the City Council
on February 11, 2008, to serve two-year terms on the Anoka County / Blaine Airport
Advisory Commission; and,
WHEREAS, due to Mr. Jahnke’s passing, the City needs to appoint a new
representative to serve the remainder of Mr. Jahnke’s term; and,
WHEREAS, the City Council determined that Mounds View Clerk-Administrator Jim
Ericson should assume the balance of Mr. Jahnke’s term; and,
WHEREAS, the City Council desires that both Clerk-Administrator Ericson and
resident representative Barbara Haake be reappointed for two-year terms beginning
January 1, 2010.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the
appointment of Clerk-Administrator Jim Ericson to serve the remainder of Mr. Jahnke’s
term on the Anoka County / Blaine Airport Advisory Commission.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council approves
the reappointment of Clerk-Administrator Jim Ericson and Barbara Haake to said
commission for two-year terms commencing January 1, 2010.
NOW, THEREFORE, BE IT FINALLY RESOLVED, that the City Council of the City
of Mounds View expresses its sincere appreciation for the dedicated efforts made by David
Jahnke and Barbara Haake on behalf of the City of Mounds View.
Adopted this 14th day of September, 2009
_____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(seal)
Corrections made by Clerk -Administrator Ericson 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
August 10, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:01 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, August 10, 2009, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 10, 2009, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Dan Mueller, 8343 Groveland Road, stated his concern with increased traffic and speeds on 30
Groveland Road due to the reconstruction of Red Oak Drive. He stated the speed trailer has not 31
been of benefit and asked that police cars visit the neighborhood to ticket speeding traffic. 32
33
6. SPECIAL ORDER OF BUSINESS 34
35
None. 36
37
7. COUNCIL BUSINESS 38
A. 7:05 p.m. Public Hearing: Second Reading and Adoption of Ordinance 824, 39
Adopting a Five Year Financial Plan (for years 2010 thru 2014). 40
41
Finance Director Beer noted the City Charter requires that a five-year financial plan be prepared 42
annually, presented at a public hearing, and adopted by ordinance. This ordinance was 43
introduced in July of 2009. He explained the increase in the general fund for streets and that the 44
utility fund adjustments will equal 8.5 percent to 9.5 percent. Finance Director Beer stated the 45
Mounds View City Council August 10, 2009
Regular Meeting Page 2
utility rate increases are as follows: water rates of $8/year, sanitary sewer of $4/year, and storm 1
water of $4/year. These increases are needed due to capital improvement projects for waterline 2
improvements. Finance Director Beer requested the Council approve ordinance publication by 3
summary 4
5
Mayor Flaherty opened the public hearing at 7:12 p.m. 6
7
Mike Reed, 2208 Lois Drive, asked if he could get a separate water meter for his lawn. Finance 8
Director Beer explained that the sanitary sewer rate is not charged based on summer lawn 9
sprinkling. 10
11
Dan Mueller, 8343 Groveland Road, stated he did not agree with reducing the franchise fee by 12
one-quarter percent and asked if doing so resulted in the need for the levy increase. He noted that 13
businesses can use the franchise fee as a legitimate tax deduction; however, that is not the case 14
for residents. Finance Director Beer stated the street financing plan anticipated $400,000 for ten 15
years and is not related to the franchise fee. The franchise fee equaled $18,000 to $19,000 per 16
year and the City has cut expenses to offset that loss in revenue. 17
18
Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:18 p.m. 19
20
Council Member Mueller stated her appreciation to staff for looking at expenditures and asked 21
them to monitor repair costs on older vehicles should they become excessive and need to be 22
replaced. Finance Director Beer explained the 1996 and 1994 vehicles have already been 23
replaced but are still being used as extra vehicles and to transport seasonal workers. 24
25
Council Member Mueller asked what type of expenditures would come from the Miscellaneous 26
Fund. Finance Director Beer explained it is used for expenses like retirement severance and 27
storm damage clean up costs. 28
29
Mayor Flaherty noted that expenditures in the Capital Improvement Plan are considered by the 30
Council prior to purchase. 31
32
MOTION/SECOND: Flaherty/Gunn. To Waive the Second Reading and Adopt Ordinance 824, 33
Adopting a Five Year Financial Plan for 2010 Thru 2014, Authorize Publication by Summary, 34
and Posting on the City’s Website. 35
36
ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
B. Resolution 7483, Approving the Articles of Incorporation and By-Laws 41
Authorizing the Establishment of and Mounds View’s Participation in a New 42
Regional Convention and Visitors Bureau. 43
44
Economic Development Specialist Steinmetz reviewed that previously the Council and six other 45
Mounds View City Council August 10, 2009
Regular Meeting Page 3
municipalities had decided to leave the local Convention and Visitor’s Bureau (CVB), Visit 1
Minneapolis North (VMN), and join a new CVB that would represent these seven municipalities. 2
She explained how fees are collected to fund the CVB and recommended adoption of the draft 3
resolution to approve the updated Articles of Incorporation and By-Laws to establish the CVB. 4
5
Council Member Mueller noted Page 5, Incorporator, identifies the name and address for the 6
Coon Rapids City Administrator. Economic Development Specialist Steinmetz explained that 7
person is taking the lead in this matter and it is a formality. 8
9
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7483, 10
Approving the Articles of Incorporation and By-Laws Authorizing the Establishment of and 11
Mounds View’s Participation in a new Regional Convention and Visitor’s Bureau. 12
13
Mayor Flaherty explained this action will start the process and not adopt the final By-Laws. 14
Economic Development Specialist Steinmetz concurred and explained that each member City 15
Council would provide input on who serves on the Board of Directors. The actual Board of 16
Directors would finalize the By-Laws. 17
18
Council Member Mueller noted Page 2, Powers, indicates reasonable compensation will be 19
received for service rendered so a mechanism is in place to keep it under control. Clerk-20
Administrator Ericson stated each member city shares those concerns, will provide input on the 21
selection of the Directors, and any compensation considered. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
C. First Reading and Introduction of Ordinance 825, an Ordinance 26
Implementing a Franchise Fee on Center Point Energy Natural Gas 27
Operations within the City of Mounds View. 28
29
Finance Director Beer explained the draft ordinance would continue the agreement with Center 30
Point Energy to collect a franchise fee in the amount of 3.75% of its natural gas gross operating 31
revenue for services within Mounds View during the year 2010. Finance Director Beer stated 32
this company serves one Mounds View business and approval will assure consistent 33
consideration with Xcel. It was noted the public hearing and second reading has been scheduled 34
for August 24, 2009. 35
36
Council Member Mueller stated resident Dan Mueller spoke to this issue earlier tonight. She 37
noted the ordinance is written to collect a 3.75% franchise fee and stated her support to increase 38
that fee to 4%. Finance Director Beer advised that the Charter limits the City’s ability to increase 39
fees and, in this case, it would be about 3.85%. 40
41
MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 825, 42
An Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations 43
within the City of Mounds View, as amended to charge a 3.85% of its natural gas gross operating 44
revenue for services in Mounds View during 2010. 45
Mounds View City Council August 10, 2009
Regular Meeting Page 4
1
Clerk-Administrator Ericson stated staff will calculate the exact maximum increase allowed by 2
the Charter and present it at second reading. 3
4
Council Member Hull asked why a yearly sunset provision was placed. Clerk-Administrator 5
Ericson stated the original approval in 1992 was for 5 years and when it was re-approved, an 6
annual adoption was added so the Council can review it each year. 7
8
Council Member Stigney stated the annual sunset provision started so each Council could 9
determine whether it was or was not needed. This fee was started to off set money going directly 10
out of tax payer’s pockets for tax exempt properties and, unfortunately, became relied on as 11
another revenue source. He stated support to charge the maximum allowed by the Charter. 12
13
Council Member Hull asked if business owners and the Chamber of Commerce disagreed with 14
the franchise fee in 1992. Clerk-Administrator Ericson stated some business owners, but not an 15
overwhelming number, did speak in 1992 against the franchise fee. 16
17
Finance Director Beer explained the City views franchise fees as just one piece of the entire 18
“package” that includes water and sewer rates, overall tax levy, and cost of business licensing. 19
He advised that when looking at that “package,” it is reasonable to do business in Mounds View. 20
21
Council Member Hull noted this is a regressive tax at a straight percentage so it may impact 22
smaller businesses more than larger sized businesses. He asked what service taxpayers receive 23
for this fee. Finance Director Beer stated it off sets the costs for fire and police protection, the 24
park system, and maintaining a business code. 25
26
Mayor Flaherty stated he voted to reduce the fee to 3.75% after business owners raised the issue 27
that the fee was to have a sunset date. He noted when the City of Minneapolis imposed a liquor 28
tax to build the Metro Dome, it was to have a sunset date but has never come off the books. 29
Mayor Flaherty pointed out that Mounds View residents pay a franchise fee on water and sewer 30
billing. Finance Director Beer estimated that slightly more in franchise fees is paid by the 31
business community than by residents. 32
33
Finance Director Beer noted the Street Plan relies on funding from the franchise fee so once the 34
Street Plan has been completed, it would be the appropriate time to phase out the franchise fee. 35
36
Council Member Stigney stated the biggest user of electricity is Medtronic and they also receive 37
the biggest tax break but because of the City’s small-sized business community, residents pay a 38
larger portion. He noted the amount paid by the taxpayers is a direct offset to levied taxes for 39
City services they receive. Council Member Stigney pointed out that taxpayers receive a better 40
break if the fee is increased to where it should be and if the fee is not needed, then the levy 41
should be reduced. 42
43
Council Member Mueller stated a regressive fee can be described as something that effects 44
everyone in the community equally, including nonprofits, and since all use electricity and pay a 45
Mounds View City Council August 10, 2009
Regular Meeting Page 5
franchise fee, it impacts all equally. The difference is that a homeowner cannot deduct fees yet a 1
business owner can do so. Council Member Mueller stated the City may need a full 4% franchise 2
fee to complete the road and utility projects that have been planned. 3
4
Mayor Flaherty stated the impact to the street funding mechanism was discussed last year and it 5
was determined the franchise fee would have no impact because of the low percentage. He noted 6
Area A came in $700,000 less than funded so that amount went into the bank. He explained that 7
when considered as a percentage of the bill, the franchise fee may be a higher burden on a 8
resident than a large sized business like Medtronic. 9
10
Ayes – 3 Nays – 2 (Hull, Flaherty) Motion carried. 11
12
D. First Reading and Introduction of Ordinance 826, an Ordinance 13
Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations 14
within the City of Mounds View. 15
16
Finance Director Beer explained the draft ordinance would continue the agreement with Xcel 17
Electric and Natural Gas Operations to collect a franchise fee in the amount of 3.75% of its 18
natural gas gross operating revenue for services within Mounds View during the year 2010. 19
Finance Director Beer advised that the current franchise agreement expires in 2012 so 20
negotiations will probably start in a year or two. It was noted the public hearing and second 21
reading has been scheduled for August 24, 2009. 22
23
MOTION/SECOND: Gunn/Stigney. To Waive the First Reading and Introduce Ordinance 826, 24
An Ordinance Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations within 25
the City of Mounds View, as amended to charge a 3.85% of its natural gas gross operating 26
revenue for services in Mounds View during 2010. 27
28
Council Member Stigney stated the taxpayer will find they pay less if the businesses also have to 29
share the costs by paying a franchise fee. 30
31
Ayes – 3 Nays – 2 (Hull, Flaherty) Motion carried. 32
33
E. Resolution 7482, Authorizing Severance for Don Burda, Temporary Building 34
Inspector. 35
36
Assistant Clerk-Administrator Crane presented a recommendation to approve severance payment 37
in the amount of $249.91 to Don Burda, who resigned as Mounds View’s Temporary Building 38
Inspector effective July 23, 2009, in accordance with the AFSCME Union Contract. 39
40
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7482, 41
Approving Severance for Don Burda, Temporary Building Inspector. 42
43
Mayor Flaherty thanked Mr. Burda for his years of service to Mounds View and wished him well 44
in his retirement. 45
Mounds View City Council August 10, 2009
Regular Meeting Page 6
1
Ayes – 5 Nays – 0 Motion carried. 2
3
F. Resolution 7484, Accepting Bid Proposal from Max Steininger, Inc. for the 4
County Road 10 Trail Segments 1-5 Project and Authorizing the Preparation 5
and Execution of the Agreement for Construction Contract. 6
7
Public Works Director DeBar reviewed the history of this project and presented the eight bid 8
proposals received on July 23, 2009, to construct the County Road 10 Trail Segments 1-5, which 9
ranged from $653,350.31 to $825,354.10. He noted the budget comes from two accounts plus 10
federal funding and explained how payment would be received from Mn/DOT. Public Works 11
Director DeBar advised that the low bid was submitted by Max Steininger, Inc., and 12
recommended adoption of the resolution. 13
14
Public Works Director DeBar informed the Council of the contractor’s request to stockpile 15
materials for a construction yard near the Multi-Tech Systems property. He stated if the Council 16
approves that request, the City Attorney recommends execution of a hold harmless agreement. 17
18
Public Works Director DeBar described the location and amenities of Trail Segments 1-5 in the 19
north boulevard of County Road 10 from County Road H to Red Oak Drive and noted a section 20
near Walgreens has already been completed. 21
22
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7484, 23
Accepting Bid Proposal from Max Steininger, Inc. for the County Road 10 Trail Segments 1-5 24
Project and Authorize the Preparation and Execution of the Agreement for Construction 25
Contract. 26
27
Mayor Flaherty noted engineering fees are about $175,000 and $1,275,000 was budgeted for this 28
project so if the engineer’s estimates are close, it will save about $400,000. Finance Director 29
Beer stated those funds will remain in the TIF District. 30
31
Mayor Flaherty asked about the $525,000 of federal aid. Joe Rhein, Consulting Engineer with 32
Bonestroo, explained it is not a matching grant but the maximum cap that can be federally funded 33
based on eligible work. He estimated that the project will use most of those funds. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
MOTION/SECOND: Gunn/Mueller. To Authorize the Preparation and Execution of a Hold 38
Harmless Indemnification Agreement for Early Deposit of Project Materials, with Max 39
Steininger, Inc. covering all costs to draft such Agreement. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
Mounds View City Council August 10, 2009
Regular Meeting Page 7
G. First Reading and Introduction of Ordinance 833, an Ordinance Amending 1
Chapter 1113.04 of the Zoning Code to add Car Washes as a Conditional Use 2
in a B-2, Limited Business, Zoning District. 3
4
Community Development Director Roberts presented the request of Leon Theis, owner of The 5
Station at 2280 County Road I, to add a car wash to his fuel station, which is zoned B-2, Limited 6
Business. The City Code only allows car washes as a conditional use in B-3, Highway Business, 7
or higher zoning districts. Community Development Director Roberts presented the 8
recommendation for approval by staff and the Planning Commission. He explained a revision 9
made to the resolution to clarify the intent this is for B-2 zoned property that has a fuel station. It 10
was noted that the public hearing and second reading is scheduled for August 24, 2009. 11
12
MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Revised 13
Ordinance 833, Amending Chapter 1113 of the Mounds View Zoning Code to add a Car Wash. 14
As a conditional use in a B-2 Zoning District. 15
16
Council Member Hull disclosed that he is an employee of the applicant and had abstained in 17
2007 when the applicant wanted to add two more pumps since there was a perception of a 18
conflict of interest. However, he is not an owner and the City Attorney has advised there is no 19
conflict of interest in this case or the previous case. Council Member Hull stated he sees many 20
positives for the City and business and would not want to see it not go through. But, in this case, 21
only one person spoke against it and the Planning Commission recommended approval with a 6-22
0 vote so he will vote on the matter. 23
24
Council Member Mueller stated this is a solid business that wants to provide a needed service to 25
the community so she supports approval. 26
27
Council Member Stigney stated his opinion that the perception of conflict exists for Council 28
Member Hull who had indicated his vote was dependent upon “in case it might not go through.” 29
Council Member Stigney felt the car wash was too intense a use for the B-2 district and pointed 30
out this consideration is limited to only one property. 31
32
Mayor Flaherty stated he met with the owner to see the exact location of the car wash. He had 33
been concerned about the sight lines from County Road I but that was put to rest when he 34
understood the setback to be parallel to the front of Fedoras. Mayor Flaherty stated he remains 35
concerned about the height of the building, disposal of the sudsy water, and ice control to assure 36
there is not a buildup at the exit. 37
38
Brad Leon, applicant, stated the building height is 12 feet and the first 15 feet of the entrance and 39
exit is heated concrete to assure there is no ice buildup. Community Development Director 40
Roberts stated the water is disposed in the sanitary sewer. 41
42
Council Member Mueller stated the car wash addition will allow this business to compete with 43
other businesses. 44
45
Mounds View City Council August 10, 2009
Regular Meeting Page 8
Council Member Stigney stated it will allow this business to compete with B-3 businesses even 1
though it is zoned B-2, and this use is too intensive. 2
3
Council Member Hull stated at the Work Session, there were doubts about the car wash but the 4
Planning Commission is on board 100 percent, no residents have notified the City of opposition, 5
and he believed it is a “no brainer.” He noted the volume of traffic will not overly increase on 6
County Road I since it will not add new business but regular traffic will be able to get a car wash. 7
8
Council Member Stigney stated his opinion that Council Member Hull wants to ensure this 9
application will pass since it was indicated at the Work Session that he (Council Member 10
Stigney) would not support it and Mayor Flaherty had indicated he was unsure. Thus, Council 11
Member Hull would have to vote to support to ensure passage. 12
13
Ayes – 4 Nay – 1 (Stigney) Motion carried. 14
15
8. CONSENT AGENDA 16
17
Mayor Flaherty asked to remove Item 8C. 18
19
A. Licenses for Approval. 20
B. Reschedule a Public Hearing for Monday, August 24, 2009 at 7:15 p.m. for 21
the Second Reading and Adoption of the Following Zoning Code 22
Amendments: 23
1. Ordinance 827, Revising Chapter 1104.01, Subd. 5c, of the Zoning 24
Code to Remove the Word “decks” from Allowed Encroachments. 25
2. Ordinance 829, Amending Chapter 1111 of the Zoning Code to 26
Remove R-O, Residential-Office Zoning District. 27
3. Ordinance 830, Amending Chapter 1116.02 of the Zoning Code to 28
Allow a total of 800 Gallons of Flammable Liquid in Industrial 29
Districts without a Conditional Use Permit (CUP). 30
4. Ordinance 831, Amending Chapter 1103.18 of the Zoning Code in 31
Regards to Satellite Dishes. 32
5. Ordinance 833, Amending Chapter 1113.04 of the Zoning Code to 33
Add Car Washes as a Conditional Use in B-2, Limited Business, 34
Zoning Districts. 35
C. Resolution 7485, Approving a Charitable Gambling License for the Spring 36
Lake Park Lions to conduct Charitable Gambling at Robert’s Sports Bar 37
and Entertainment. 38
D. Schedule a Public Hearing for Monday, August 24, 2009 at 7:05 p.m. for the 39
Second Reading and Adoption of Ordinance 825 Implementing a Franchise 40
Fee on Center Point Energy. 41
E. Schedule a Public Hearing for Monday, August 24, 2009 at 7:10 p.m. for the 42
Second Reading and Adoption of Ordinance 826 Implementing a Franchise 43
Fee on Xcel Energy. 44
45
Mounds View City Council August 10, 2009
Regular Meeting Page 9
MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda Items A, B, D, and E. 1
2
Ayes – 5 Nays – 0 Motion carried. 3
4
C. Resolution 7485, Approving a Charitable Gambling License for the Spring 5
Lake Park Lions to conduct Charitable Gambling at Robert’s Sports Bar 6
and Entertainment. 7
8
Mayor Flaherty noted the Blaine Jaycees were in Robert’s Sports Bar but moved out since there 9
was no business. He asked if the Blaine and Spring Lake Park Lions work together. Assistant 10
Clerk-Administrator Crane stated that is correct. 11
12
MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7485, 13
Granting a Charitable Gambling Permit for the Spring Lake Park Lions to Conduct Charitable 14
Gambling at Robert’s Sports Bar and Entertainment in Mounds View. 15
16
Council Member Mueller noted that the Mounds View Lions had an opportunity to conduct 17
charitable gambling at this location and while they appreciated the opportunity, had no one to fill 18
that location. 19
20
Ayes – 5 Nays – 0 Motion carried. 21
22
9. JUST AND CORRECT CLAIMS 23
24
Council Member Mueller referenced Page 4, Minneapolis North Visitor’s Bureau Visit 25
Minneapolis North, and commented that moving forward the same in/out entries will be reflected 26
for the new Convention Visitors Bureau. 27
28
Mayor Flaherty referenced Page 4, City of St. Paul, for street supplies. Public Works Director 29
DeBar explained it is to patch streets. 30
31
MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as Presented. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
10. APPROVAL OF MINUTES 36
37
None. 38
39
11. REPORTS 40
A. Reports of Mayor and Council. 41
42
Council Member Mueller updated the Council on the number and types of cars registered for the 43
car show at the Festival in the Park. 44
45
Mounds View City Council August 10, 2009
Regular Meeting Page 10
Council Member Gunn thanked the community, Police Department, and Fire Department for the 1
success of National Night Out, with 27 neighborhood parties. Mayor Flaherty stated he also 2
enjoyed attending National Night Out parties and commented on the great opportunity to meet 3
your neighbors. 4
5
Mayor Flaherty reported on the meeting he and Clerk-Administrator Ericson attended with five 6
neighboring mayors and city administrators to discuss common issues. 7
8
B. Reports of Staff. 9
10
Clerk-Administrator Ericson advised that Kennedy and Graven is updating language in the 11
Charitable Gambling License, the Transient Merchant Code, and Sign Code to assure consistency 12
with State Statutes. The Council will also be considering the Kennedy and Graven contract at an 13
upcoming meeting. 14
15
1. Finance Quarterly Report. 16
17
Finance Director Beer presented the June 30, 2009, revenue, expenses, and investment reports. 18
He stated staff has done a good job to keep expenses down and he anticipates the budget may end 19
with a surplus if there are no unexpected expenses. 20
21
2. Survey Questions for the City Booth (Festival in the Park) 22
23
Assistant Clerk-Administrator Crane presented the draft survey questions and described how they 24
will be presented at the Festival. 25
26
The Council discussed the questions related to dogs. Clerk-Administrator Ericson stated the 27
question was raised about the need for a kennel license for three dogs since the same 28
requirements exist whether a kennel license is or is not issued. 29
30
Mayor Flaherty polled the Council and consensus was reached to ask if residents would accept 31
three dogs without the requirement for a kennel license. 32
33
3. Announce Mounds View Festival in the Park: Saturday, August 22, 34
2009. 35
36
Assistant Clerk-Administrator Crane reminded the community of the Festival in the Park on 37
August 22, 2009, and detailed the activities that will occur. She also advised that the Festival 38
Parade will be broadcast live on the City’s community service channel. 39
40
4. Public Works Project Update. 41
42
Public Works Director DeBar provided an update on Public Works projects and activities. 43
44
45
Mounds View City Council August 10, 2009
Regular Meeting Page 11
5. Commendation of Police Department and Officers. 1
2
Mayor Flaherty read a resident’s letter commending the Police Department and added his 3
appreciation. 4
5
C. Reports of City Attorney. 6
7
Noted. 8
9
12. Next Council Work Session: Tuesday, September 8, 2009, at 7:00 p.m. 10
Next Council Meeting: Monday, August 24, 2009, at 7:00 p.m. 11
City Council/Staff Retreat: Monday, August 31, 2009 at 6:00 p.m. 12
13
13. ADJOURNMENT 14
15
The meeting was adjourned at 9:28 p.m. 16
17
Transcribed by: 18
19
Carla Wirth 20
TimeSaver Off Site Secretarial, Inc. 21
Corrections made by Mayor Flaherty, Councilmember Mueller, Clerk -Administrator Ericson, Public Works Director DeBar, 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
August 24, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:01 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, August 24, 2009, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 24, 2009, agenda as 23
revised to add Item 8C, Resolution 7491 Accepting a Donation from Bethlehem Baptist Church. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Mayor Flaherty commented on the passing of David Jahnke on August 18, 2009, at age 71. He 30
noted that Mr. Jahnke was selected as Mounds View’s 2004 Citizen of the Year and stated he 31
will be greatly missed. 32
33
Council Member Stigney stated David Jahnke has been his neighbor since 1972 and was 34
instrumental in acting as a “watch dog” for the City, taking over from Bill Fritz, and had attended 35
many Council Meetings. He added that Mr. Jahnke was an honorable person, a great resident, 36
and will be missed by all who knew him. 37
38
Mike Read, 2208 Lois Drive, requested clarification on the Council’s consideration about 39
changing the size of garages, noting his garage had been referenced several times during recent 40
planning commission meetings. He suggested that his neighbors are complaining about him, not 41
the garage he constructed. Mayor Flaherty assured the public that Mr. Reed followed all the rules 42
when constructing his garage, it is within City Code, and was afforded no special conditions. He 43
explained the amendment is to add clarification to the building height. 44
45
Mounds View City Council August 24, 2009
Regular Meeting Page 2
Community Development Director Roberts stated the discussion originated and evolved around 1
the need to clarify how to measure building height, not because of resident complaints. Once 2
approved, it would apply only to newly constructed buildings. 3
4
6. SPECIAL ORDER OF BUSINESS 5
A. Mrs. Senior Mounds View – Shirley Manson. 6
7
Mayor Flaherty acknowledged Mrs. Senior Mounds View, Shirley Manson, who will compete in 8
the Ms. Senior Minnesota Pageant on September 16, 2009. He commented on Ms. Manson’s 9
community contributions and activities, and wished her well at the State competition to be held 10
in September. 11
12
7. COUNCIL BUSINESS 13
A. 7:05 p.m. Public Hearing: Second Reading and Adoption of Ordinance 825, 14
Implementing a Franchise Fee on Center Point Energy Natural Gas 15
Operations within the City of Mounds View. 16
17
Finance Director Beer advised the consideration is for second reading of the ordinance and 18
adoption by roll call vote. The ordinance would continue the agreement with Center Point 19
Energy to collect a franchise fee in the amount of 3.79% of Center Point’s natural gas gross 20
operating revenue for services in Mounds View during the year 2010. Staff recommends 21
adoption and that a summary ordinance be published in the Sun Focus. 22
23
Mayor Flaherty opened the public hearing at 7:14 p.m. 24
25
Hearing no public input, Mayor Flaherty closed the public hearing at 7:14 p.m. 26
27
MOTION/SECOND: Gunn/Mueller. To Waive Second Reading and Adopt Ordinance No. 825, 28
Implementing a Franchise Fee on Center Point Energy Natural Gas Operations Within the City of 29
Mounds View, and Publication by Summary Ordinance in the Sun Focus. 30
31
Council Member Hull stated his preference to lower the fee by one-quarter percent. 32
33
Mayor Flaherty stated when enacted in 1992, the City was in financial straights and this fee was 34
to gather additional revenues. He stated that past meeting minutes indicate the fee was to sunset 35
once the City had a firmer financial standing. However, that did not occur. He stated roughly 36
60% comes from business and 40% from residents and his preference remains to lower the 37
percentage. 38
39
Council Member Stigney pointed out that lowering this fee would place more burden on the 40
taxpayer. This is an alternate method of taxation that ultimately benefits the taxpayers, and he 41
does not support lowering it. 42
43
ROLL CALL: Gunn/Mueller/Hull/Stigney/Flaherty. 44
45
Mounds View City Council August 24, 2009
Regular Meeting Page 3
Ayes – 3 Nays – 2 (Hull, Flaherty) Motion carried. 1
2
B. 7:10 p.m. Public Hearing: Second Reading and Adoption of Ordinance 826, 3
Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations 4
within the City of Mounds View. 5
6
Finance Director Beer advised the consideration is for second reading of the ordinance and 7
adoption by roll call vote. He reviewed the calculations and explained the ordinance would 8
continue the agreement with Xcel Energy to collect a franchise fee in the amount of 3.79% of 9
Xcel’s electric and natural gas operating revenue for services in Mounds View during the year 10
2010. Staff recommends adoption and that a summary ordinance be published in the Sun Focus. 11
12
Mayor Flaherty opened the public hearing at 7:20 p.m. 13
14
Dan Mueller, 8343 Groveland Road, stated at first reading the Council indicated they favored 15
lowering the fee but he believes everyone voted to raise the City levy. He stated he does not like 16
to pay taxes either, and his income has decreased since the first of the year, but he disagrees with 17
some on the Council saying they want to save people money yet all voted to increase the levy and 18
utility fees. Mayor Flaherty clarified that the utility fees increased based on increased usage; 19
however, the franchise fee is a different consideration. 20
21
Mr. Mueller stated that residents have no way of making up an extra fee but businesses can do 22
so. He noted the City is still $19,000 short and this fee will be a financial impact. Mayor 23
Flaherty stated he believed the fee was to sunset and while politicians often enact fees and say 24
they will sunset when no longer needed, that does not happen. He stated if the City needs money, 25
he would prefer to tell residents why it is needed rather than instituting a fee. 26
27
Mr. Mueller asked what the franchise fee was set up for originally. Clerk-Administrator Ericson 28
stated it was instituted in 1992 due to cash flow shortages, perhaps due to levy limits, and was to 29
sunset after five years. At that time, 100% went to the General Fund and later some was set aside 30
for streets. 31
32
Mr. Mueller asked if the money is no longer needed. Mayor Flaherty stated the need remains. 33
Mr. Mueller questioned how it can then be stated that the fee should have sunset. 34
35
Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:30 p.m. 36
37
MOTION/SECOND: Stigney/Mueller. To Waive the Second Reading and Adopt Ordinance No. 38
826, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 39
the City of Mounds View, and Publication by Summary Ordinance in the Sun Focus. 40
41
Council Member Stigney stated there is some confusion because “X” amount of dollars are 42
needed to run the City and can come from tax levies and/or fees. But, franchise fees are 43
attributed to non-profits and tax-exempt properties that taxes do not affect. He felt this is not the 44
time to consider an offset since 22% of the City is tied into TIF Districts, which cannot be taxed. 45
Mounds View City Council August 24, 2009
Regular Meeting Page 4
However, they can be required to pay fees. He stated it is a benefit to the taxpayer to have 1
franchise fees and it may be appropriate to consider a sunset once the TIF Districts are closed. 2
3
Council Member Hull asked if the levy had to be increased because of revenue loss from the 4
franchise fees. Finance Director Beer stated that question is difficult to answer because the levy 5
was raised as far as the State allowed but, perhaps, less money was transferred from the Levy 6
Reduction Fund. 7
8
Council Member Hull asked about the status of the $700,000 saved from the street projects. 9
Finance Director Beer stated it was a budget number that was not spent. Council Member Hull 10
asked how the 1% levy increase will be used. Finance Director Beer stated it will go directly to 11
the General Fund for operations and there is the potential for a 7% to 8% street levy that would 12
go directly to fund streets. 13
14
ROLL CALL: Mueller/Stigney/Gunn/Hull/Flaherty. 15
16
Ayes – 3 Nays – 2 (Hull/Flaherty) Motion carried. 17
18
C. 7:15 p.m. Public Hearing: Second Reading and Adoption of the following 19
Zoning Code Amendments: 20
1. Ordinance 827, Amending Chapter 1104.01, Subd. 5c, of the Zoning 21
Code to Remove the Word “decks” from Allowed Encroachments. 22
23
Planning Associate Heller presented the Code amendment under consideration and 24
recommendation to approve second reading, adopt the ordinance, and publication by summary. 25
26
Mayor Flaherty opened the public hearing at 7:35 p.m. 27
28
Hearing no public input, Mayor Flaherty closed the public hearing at 7:35 p.m. 29
30
MOTION/SECOND: Gunn/Hull. To Waive the Second Reading and Adopt Ordinance No. 827, 31
Amending Chapter 1104.01 of the Mounds View Zoning Code, Pertaining to Building 32
Encroachment Regulations, and Publication by Summary Ordinance in the Sun Focus. 33
34
ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
2. Ordinance 829, Amending Chapter 1111 of the Zoning Code to 39
Remove R-O, Residential-Office Zoning District. 40
41
Planning Associate Heller presented the Code amendment under consideration and 42
recommendation to approve second reading, adopt the ordinance, and publication by summary. 43
44
Mayor Flaherty opened the public hearing at 7:36 p.m. 45
Mounds View City Council August 24, 2009
Regular Meeting Page 5
1
Hearing no public input, Mayor Flaherty closed the public hearing at 7:36 p.m. 2
3
MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance No. 4
829, Amending the Mounds View City Code by Deleting Chapter 1111 Pertaining to the R-O, 5
Residential-Office Zoning District, and Publication by Summary Ordinance in the Sun Focus. 6
7
ROLL CALL: Hull/Mueller/Gunn/Stigney/Flaherty. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
3. Ordinance 830, Amending Chapter 1116.02 of the Zoning Code to 12
Allow a total of 800 Gallons of Flammable Liquid in Industrial 13
Districts without a Conditional Use Permit. 14
15
Planning Associate Heller presented the Code amendment under consideration and 16
recommendation to approve second reading, adopt the ordinance, and publication by summary. 17
18
Mayor Flaherty opened the public hearing at 7:38 p.m. 19
20
Hearing no public input, Mayor Flaherty closed the public hearing at 7:38 p.m. 21
22
MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance No. 23
830, Amending Chapter 1116 of the Mounds View Zoning Code, Pertaining to the Storage of 24
Flammable Liquids in Industrial Districts, and Publication by Summary Ordinance in the Sun 25
Focus. 26
27
ROLL CALL: Mueller/Gunn/Stigney/Hull/Flaherty. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
4. Ordinance 831, Amending Chapter 1103.18 of the Zoning Code to 32
about the location of 36 inch or less diameter Satellite Dishes. 33
34
Planning Associate Heller presented the Code amendment under consideration and 35
recommendation to approve second reading, adopt the ordinances, and publication by summary. 36
37
Mayor Flaherty opened the public hearing at 7:41 p.m. 38
39
Hearing no public input, Mayor Flaherty closed the public hearing at 7:41 p.m. 40
41
MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance No. 42
831, Amending Chapter 1103 of the Mounds View Zoning Code to Address 36 inch or less 43
Diameter Satellite Dish Antennas, and Publication by Summary Ordinance in the Sun Focus. 44
45
Mounds View City Council August 24, 2009
Regular Meeting Page 6
Council Member Stigney felt it was poor policy and not aesthetically pleasing to allow antennas 1
in a front yard, noting there is no height restriction. 2
3
ROLL CALL: Gunn/Stigney/Hull/Mueller/Flaherty. 4
5
Ayes – 4 Nays – 1 (Stigney) Motion carried. 6
7
5. Ordinance 833, Amending Chapter 1113.04 of the Zoning Code to 8
Add Car Washes as a Conditional Use in B-2 Zoning Districts. 9
10
Planning Associate Heller presented the code amendment under consideration and 11
recommendation to approve second reading, adopt the ordinance, and publication by summary. 12
She explained this request came about based on the Conditional Use Permit application by Leon 13
Theis for a carwash a B-2 Zoning District. 14
15
Mayor Flaherty opened the public hearing at 7:45 p.m. 16
17
John Rysgaard, Board of Directors of the New Brighton Al Anon Society, stated they are not 18
adverse to the car wash but are concerned about potential traffic conflicts in the shared use area 19
of this site. 20
21
Leon Theis, 2280 West County Road I, stated he spoke with the Al Anon Society President and 22
learned that out of 100 members, only 1 person voiced objection. He assured the City there will 23
not be a problem because his business traffic would not use the Al Anon Society property. 24
25
Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:49 p.m. 26
27
MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance No. 28
833, Approval of Amendments to Chapter 1113 of the Mounds View Zoning Code to Add a Car 29
Wash as a Conditional Use in B-2 Zoning Districts, and Publication by Summary Ordinance in 30
the Sun Focus. 31
32
Council Member Hull asked Mr. Theis if he would work with the City and Al Anon Society 33
should a problem occur. Mr. Theis answered in the affirmative. 34
35
Council Member Stigney stated he found this use to be too intrusive in the B-2 Zoning District 36
and noted that the ordinance language appears to favor one business since there is only one 37
gasoline service station in the B-2 Zoning District. 38
39
Mayor Flaherty stated he received some resident communication not favoring this amendment 40
because they believed it was too much for this area, it was to act as a neighborhood filling 41
station, and was to not compete with larger-sized gas stations. Mayor Flaherty stated during 42
Festival in the Park many approached him in support of the car wash. He explained that his 43
concern with the car wash was the location, iced conditions during winter weather, blower noise, 44
and building height, which had all been resolved. 45
Mounds View City Council August 24, 2009
Regular Meeting Page 7
1
Council Member Mueller stated this business owner, during a tough economic climate, wants to 2
remain competitive so she supports the project. Her only concern is the great financial 3
investment and she is unsure of the return on this investment. 4
5
ROLL CALL: Mueller/Gunn/Stigney/Hull/Flaherty. 6
7
Ayes – 4 Nays – 1 (Stigney) Motion carried. 8
9
D. Resolution 7486, Consideration of a Conditional Use Permit and 10
Development Review for a New Car Wash at The Station, 2280 County Road 11
I. 12
13
Planning Associate Heller presented the request of Leon Theis for a Conditional Use Permit and 14
Development Review to add a car wash to his existing fuel station at 2280 County Road I. The 15
property is zoned B-2, Limited Business, and all other fuel stations in the City are zoned B-3, 16
Highway Business. Currently the City Code only allows car washes as a Conditional Use in B-3 17
or higher zoning districts. She reviewed the considerations contained in staff’s report, 18
recommended conditions if approved, and public feedback. Planning Associate Heller advised 19
that the Planning Commission recommended approval. 20
21
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7486, 22
Approving a Conditional Use Permit and Development Review for a Car Wash at “The Station,” 23
2280 County Road I, Planning Case Nos. CU2009-002 and DE2009-001. 24
25
Council Member Mueller asked if it is standard policy to send notification to surrounding 26
residents and business owners. Planning Associate Heller stated this consideration does not 27
require a public hearing; however, notices were sent for both the Planning Commission and 28
Council meetings. All responses had been submitted to the Council. 29
30
Council Member Hull asked if directional signage will be needed since the parking lot is quite 31
large. Planning Associate Heller stated that may be needed or directional arrows could be 32
painted. Community Development Director Roberts stated directional signage on the side of the 33
building or in the parking lot may be needed to identify the entrance and exit. 34
35
Council Member Stigney asked if the Planning Commission or staff had addressed the need for 36
screening. Planning Associate Heller stated it was felt there was no need for it since there are no 37
directly abutting residences. Council Member Stigney asked if a condition should be added to 38
address screening should the property use change. Planning Associate Heller stated such a 39
condition could be added. 40
41
Council Member Stigney stated the applicant knew the zoning and restrictions of this property 42
when he purchased it. He expressed concern that additional customer services will be added and 43
he felt this use was too intense for this property. 44
45
Mounds View City Council August 24, 2009
Regular Meeting Page 8
Mayor Flaherty advised that Gordy Fedor, owner of Fedor’s Market, had no issue with the 1
requested car wash. 2
3
Ayes – 4 Nays – 1 (Stigney) Motion carried. 4
5
E. Second Reading and Adoption of Ordinance 809, Vacating a 17.5 foot 6
Surface Water Easement on Greenfield Estates Property, 7521-7661 7
Greenfield Avenue. 8
9
Planning Associate Heller presented the request of Tycon Companies, owners of Greenfield 10
Estates Apartments at 7521-7661 Greenfield Avenue and 2370 County Road I, to vacate a 11
surface water easement. It was noted the applicant plans to replace existing garages with new 12
drive-through style buildings. The proposed new garages would be farther east than the existing 13
garages and encroach into a 17.5-foot easement by 2.5 feet, resulting in the easement vacation 14
request. It is expected the Rice Creek Watershed District will grant a permit for this project and 15
City staff has found this easement is no longer needed. Staff recommends granting second 16
reading, adoption of the ordinance, and to publish by summary. 17
18
Council Member Gunn stated her support for the application to improve a less than desirable 19
situation. 20
21
MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance No. 22
809, Authorizing a Partial Vacation of a 17.5-foot Surface Water Easement on Greenfield Estates 23
Property located at 7521-7661 Greenfield Avenue and 2370 County Road I, and Publication by 24
Summary Ordinance in the Sun Focus. 25
26
ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
F. Resolution 7488, Approving Step Increases for Tyler Martin (Public Service 31
Officer), Mary Springer (Receptionist/Recycling Coordinator) and Vanessa 32
Van Alstine (Cable TV Coordinator). 33
34
Clerk-Administrator Ericson presented staff’s recommendation to approve step increases for 35
Public Service Officer Tyler Martin, Receptionist/Recycling Coordinator Mary Springer, and 36
Cable TV Coordinator Vanessa Van Alstine based on satisfactory performance reviews by their 37
supervisors. It was noted the recommended wage adjustments are consistent with the Personnel 38
Manual and Labor Agreements. Clerk-Administrator Ericson read Resolution 7488. 39
40
MOTION/SECOND: Mueller/Hull. To Adopt Resolution 7488, Approving Step/Longevity 41
Adjustments. 42
43
Mayor Flaherty stated the City may be asking employees to not receive a cost of living raise this 44
year and next year. He stated when hired, employees are told there will be a step increase over a 45
Mounds View City Council August 24, 2009
Regular Meeting Page 9
period of time and the City is keeping that promise. He noted there are very few employees left 1
for step increases and the contribution of the City’s employees is immeasurable. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
G. Resolution 7490, Authorizing to Contract with City of Blaine for Building 6
Inspection Services through Remainder of 2009. 7
8
Community Development Director Roberts presented staff’s recommendation to contract with 9
the City of Blaine for inspection services for up to 16 hours per week, $732.16 per week, through 10
December 18, 2009. He stated a requirement of the City of Blaine is that Mounds View commit 11
to at least 12 hours per week. He explained that Mounds View may not need that many hours of 12
assistance each week but it would allow coverage should the Building Inspector wish to take 13
vacation or attend additional training. Community Development Director Roberts advised that 14
$12,000 is left in the 2009 Community Development budget that can fund this position to mid-15
December. The City’s intern is attending building training classes and may be available by 16
January 1, 2010, to take over some inspections. 17
18
Council Member Mueller asked what the previous inspector earned. Community Development 19
Director Roberts stated he was paid $32 per hour plus benefits. He stated the New Brighton rate 20
was several dollars lower per hour and a contract service was from $60-$80 per hour. Clerk-21
Administrator Ericson stated this is indicative of a building inspector’s salary. 22
23
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7490, 24
Authorization to Contract with the City of Blaine for Building Inspection Services. 25
26
Council Member Stigney asked about Spring Lake Park’s inspectors. Clerk-Administrator 27
Ericson explained that Staff did not contact Spring Lake Park because the Mounds View 28
Building Official has a better working relationship with the City of Blaine and its Building 29
Inspector. Council Member Stigney stated his interest is in the cost and felt that neighboring 30
cities should have been contacted for a rate. He asked about the mileage charge. Community 31
Development Director Roberts stated it would be to and from the Blaine City Hall. 32
33
Council Member Hull asked whether an entry level Building Inspector would start at Step One. 34
Community Development Director Roberts explained he is currently an unpaid intern and a Step 35
One rate is $22 to $23 per hour. Council Member Hull stated his support to start with an entry-36
level position given the economic times. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
H. Resolution 7489, Approving Renewal of a Legal Services Agreement with 41
Kennedy & Graven, Chartered. 42
43
Clerk-Administrator Ericson presented staff’s recommendation to extend the City’s agreement 44
with Kennedy and Graven for civil legal services for a term of three years with the hourly rates 45
Mounds View City Council August 24, 2009
Regular Meeting Page 10
paid by the City to remain the same. He stated staff analyzed the retainer fee and found the City 1
has not been utilizing as much in legal services so the monthly retainer will be reduced to $2,300 2
per month. The retainer will be re-evaluated should additional services be required by the City. 3
4
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7489, 5
Approving the Renewal of a Legal Services Agreement with Kennedy & Graven, Chartered. 6
7
Council Member Stigney stated Mr. Riggs and Kennedy & Graven have served the City well and 8
he appreciates the reduced retainer fee. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
City Attorney Riggs thanked the Council for its confidence and stated he and his firm enjoy its 13
working relationship with the City of Mounds View. 14
15
8. CONSENT AGENDA 16
17
Mayor Flaherty asked to remove Item C. 18
19
A. Licenses for Approval. 20
B. Resolution 7487, Approving the Mounds View Cable Committee By-laws. 21
C. Resolution 7491, Accepting a Donation from Bethlehem Baptist Church. 22
23
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items A and B. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
C. Resolution 7491, Accepting a Donation from Bethlehem Baptist Church. 28
29
Clerk-Administrator Ericson explained this $13,801 donation is the second half for 2009 as a 30
result of a meeting with Church representatives. Mayor Flaherty read the list of the Church’s 31
recommendation for use of this donation. 32
33
Council Members Gunn and Mueller stated their support for the recommended recipients. 34
35
MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Adopt Resolution 7491, 36
Accepting a Donation from Bethlehem Baptist Church. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
9. JUST AND CORRECT CLAIMS 41
42
MOTION/SECOND: Mueller/Gunn. To Approve the Just and Correct Claims as Presented. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council August 24, 2009
Regular Meeting Page 11
1
10. APPROVAL OF MINUTES 2
A. July 27, 2009 City Council Meeting Minutes. 3
4
MOTION/SECOND: Mueller/Hull. To Approve the July 27, 2009 City Council Meeting 5
Minutes as Previously Amended. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
11. REPORTS 10
A. Reports of Mayor and Council. 11
12
Council Member Mueller stated Festival in the Park benefited from fabulous weather and a great 13
turnout. She thanked all who participated and read the trophy recipients and sponsors of the 14
Festival in the Park Car and Tractor Show. 15
16
Council Member Gunn agreed the Festival in the Park was a great day and thanked volunteers 17
and Public Works employees. 18
19
Mayor Flaherty thanked Clerk-Administrator Ericson and Assistant Clerk-Administrator Crane 20
for their work at the Festival. He also thanked Cub Scout Pack 167 for helping with the parade 21
and serving as the Color Guard. 22
23
B. Reports of Staff. 24
25
Clerk-Administrator Ericson thanked volunteers and staff who helped with the Festival in the 26
Park to assure it was a great event. He also thanked Assistant Clerk-Administrator Crane for 27
acting as the City’s “point person” to answer questions and resolve issues. 28
29
1. Announce the City Council / Staff Retreat Scheduled for Monday, 30
August 31, 2009. 31
32
Clerk-Administrator Ericson reminded the Council of the upcoming Council/staff retreat 33
scheduled for August 31, 2009 from 6:00 p.m. to 9:00 p.m. Following discussion, Council 34
consensus was to hold the retreat in the Council Chambers since the conference room may not be 35
large enough to house residents. 36
37
2. Discuss Airport Advisory Commission Vacancy. 38
39
The Council discussed the vacancy on the Airport Advisory Commission as a result of David 40
Jahnke’s passing. Following discussion, Council consensus was reached to direct staff to draft a 41
resolution to appoint Clerk-Administrator Ericson to the vacancy and reappoint Barbara Haake to 42
another term on the Airport Advisory Commission. 43
44
Mounds View City Council August 24, 2009
Regular Meeting Page 12
Clerk-Administrator Ericson updated the Council on the discussion of the Charter Commission 1
and a potential tenant on the water tower (Clearwire). 2
3
Mayor Flaherty noted the water tower is in need of painting, which may cost $700,000 to $1 4
million so funding needs to be planned and, perhaps, the rental funds can be used for that project. 5
Public Works Director DeBar stated the water tower was inspected and it was determined that a 6
total rehab may be needed within a year. When properly applied and inspected, the new paint 7
could last up to 20 years depending on paint color and the environment. 8
9
Clerk-Administrator Ericson advised that Public Works Intern Ryan Johnson has decided to go 10
back to school and resigned his position. Staff evaluated the position and recommends another 11
intern be hired who may already have GIS training and experience. Public Works Director 12
DeBar reviewed the work undertaken by the Public Works Intern and benefit of taking advantage 13
of GIS for electronic (paperless) records management and mapping to increase efficiencies. In 14
addition, it will help with utility locates. He noted the 2010 budget contains funding to hire a 15
consultant to set up base mapping and staff recommends hiring an intern to create and build the 16
base map. 17
18
Following discussion, Council consensus was reached to direct staff to draft a resolution to 19
continue the Public Works Intern position. 20
21
Public Works Director DeBar reported that the street reconstruction projects are ahead of 22
schedule. Contracts for Trail Segments 1-5 construction should be signed within a week and 23
construction commence just after Labor Day. Public Works Director DeBar reported that no 24
appeals were received on the storm sewer project. 25
26
Finance Director Beer advised of upcoming budget considerations. 27
28
Community Development Director Roberts commented on the recent issue of the Mounds View 29
Matters and contribution by Economic Development Specialist Heidi Steinmetz in completing 30
this publication. 31
32
C. Reports of City Attorney. 33
34
City Attorney Riggs stated his monthly memorandum is included in the Council’s packet. 35
36
12. Next Council Work Session: Tuesday, September 8, 2009, at 7:00 p.m. 37
Next Council Meeting: Monday, September 14, 2009, at 7:00 p.m. 38
39
13. ADJOURNMENT 40
41
The meeting was adjourned at 9:30 p.m. 42
43
Transcribed by: 44
Carla Wirth 45
Mounds View City Council August 24, 2009
Regular Meeting Page 13
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