HomeMy WebLinkAboutAgenda Packets - 2009/09/28CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 28, 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. Rick Wriskey – Resolution of Appreciation and Outstanding Service Award.
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing for the Second Reading and Adoption of Ordinance 828,
Amending the Zoning Code about Accessory Buildings (ROLL CALL VOTE).
B. 7:10pm Public Hearing 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 (ROLL CALL VOTE).
C. Second Reading of Ordinance 834, Amending Chapter 504 of the City Code about
Transient Merchants, Peddlers and Solicitors (ROLL CALL VOTE).
D. Resolution 7493, Adopting a Special Assessment Levy for Private Improvements in
Area A of the Street and Utility Improvement Program.
E. Introduction and First Reading of Ordinance 836, Vacating a Sanitary Sewer
Easement at 2200 County Highway 10.
F. Resolution 7501, Adopting Non-Standard Street Design for Edgewood Drive.
G. Resolution 7504, Authorizing Preliminary Surveying Services for Area D of the Street
and Utility Improvement Program.
H. Set an Executive Session of the City Council to Review Labor Contract Negotiations
Upon Conclusion of the Regular Meeting.
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for 7:05 pm Monday October 12, 2009 to Consider Special
Assessments for Delinquent Utility Payments.
C. Set a Public Hearing for 7:10 pm Monday October 12, 2009 to Consider Special
Assessments for Unpaid Administrative Offense fines, Diseased Trees, and unpaid
property abatement charges.
D. Set a Public Hearing for 7:15pm, Monday October 12, 2009 for the Second Reading
and Adoption of Ordinance 836, vacating a sanitary sewer easement at County
Highway 10 and County Road H.
E. Resolution 7502, Authorizing a Transfer of Ownership for a Cigarette and Tobacco
License for Tobacco View, located at 2539 County Highway 10.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES - None
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Liquor License Update – Moe’s
C. Reports of City Attorney
12. Next Council Work Session: Monday, October 5, 2009, at 7 p.m.
Next Council Meeting: Monday, October 12, 2009, at 7 p.m.
13. Motion to Recess into Executive Session. (Council Meeting will Adjourn from
Executive Session)
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 28, 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. Rick Wriskey – Resolution of Appreciation and Outstanding Service Award.
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing for the Second Reading and Adoption of Ordinance 828,
Amending the Zoning Code about Accessory Buildings (ROLL CALL VOTE).
B. 7:10pm Public Hearing 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 (ROLL CALL VOTE).
C. Second Reading of Ordinance 834, Amending Chapter 504 of the City Code about
Transient Merchants, Peddlers and Solicitors (ROLL CALL VOTE)..
D. Resolution 7493, Adopting a Special Assessment Levy for Private Improvements in
Area A of the Street and Utility Improvement Program.
E. Introduction and First Reading of Ordinance 836, Vacating a Sanitary Sewer
Easement at 2200 County Highway 10.
F. Resolution 7501, Adopting Non-Standard Street Design for Edgewood Drive.
G. Resolution 7504, Authorizing Preliminary Surveying Services for Area D of the Street
and Utility Improvement Program
H. Set an Executive Session of the City Council to Review Labor Contract Negotiations
Upon Conclusion of the Regular Meeting.
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for 7:05 pm Monday October 12, 2009 to Consider Special
Assessments for Delinquent Utility Payments.
C. Set a Public Hearing for 7:10 pm Monday October 12, 2009 to Consider Special
Assessments for Unpaid Administrative Offense fines, Diseased Trees, and unpaid
property abatement charges.
City Council Agenda
Monday, September 28, 2009
Page 2
8. CONSENT AGENDA - Continued
D. Set a Public Hearing for 7:15pm, Monday October 12, 2009 for the Second Reading
and Adoption of Ordinance 836, vacating a sanitary sewer easement at County
Highway 10 and County Road H.
E. Resolution 7502, Authorizing a Transfer of Ownership for a Cigarette and Tobacco
License for Tobacco View, located at 2539 County Highway 10.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES - None
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Liquor License Update – Moe’s
C. Reports of City Attorney
12. Next Council Work Session: Monday, October 5, 2009, at 7 p.m.
Next Council Meeting: Monday, October 12, 2009, at 7 p.m.
13. Motion to Recess into Executive Session. (Council Meeting will Adjourn from
Executive Session)
RESOLUTION NO. 7503
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO RICK WRISKEY
FOR HIS 28 YEARS OF SERVICE AS THE CITY FORESTER
WHEREAS, Rick Wriskey was appointed as City Forester since 1981; and
WHEREAS, Rick Wriskey has planted thousands of trees for the City of
Mounds View; and
WHEREAS, Rick Wriskey has served the City with a high level of
enthusiasm and dedication; and
WHEREAS, Rick Wriskey has gained the respect and gratitude of the City
Council, City Staff and the residents of Mounds View.
NOW, THEREFORE, BE IT RESOLVED, that the City Council and Staff of
the City of Mounds View, and on behalf of the residents of the City of Mounds
View, expresses its appreciation to Rick Wriskey for his dedication and devoted
service as the Mounds View City Forester.
Adopted this 28th day of September, 2009.
ATTEST:
_________________________
Joe Flaherty, Mayor
______________________ ____________________
Councilmember Stigney Councilmember Hull
______________________ _____________________
Councilmember Mueller Councilmember Gunn
________________________
James Ericson
City Clerk-Administrator
Item No: 7C
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: Second Reading and Adoption of Ordinance 834, an
Ordinance Amending Chapter 504 Relating to Transient
Merchants, Peddlers and Solicitors
Introduction:
Staff has been aware for some time that the City’s requirements relating to transient
merchants, peddlers and solicitors are in need of revision. Staff asked Kennedy & Graven
to review the regulations and to suggest revisions that would be consistent with MN
Statutes and recent rulings pertaining to constitutional issues. The proposed revisions are
attached.
Discussion:
Most of the changes proposed in the attached draft ordinance revise the code to be
consistent with MN Statutes and court rulings pertaining to constitutional “free speech”
issues. There is new language identifying those exempt from the permit requirements, and
a section has been added to the code which provides denial standards. The ordinance
requires that commercial solicitors would need a permit, non-commercial solicitors would
only need register with the City. Registration would consist of filling out the same
application but not pay a fee. Individuals engaging in non-commercial door-to-door
advocacy, campaigning, petitioning and the like would not need to register with the City.
The Council reviewed the proposed amendments at the September 8, 2009 work session
and made no changes to the draft ordinance. The first reading was approved on
September 14 with direction to clarify the language pertaining to commercial and non-
commercial solicitor. This has been done, as noted.
Recommendation:
Staff recommends the Council (1) approve the second reading and adoption of Ordinance
834, an ordinance amending Chapter 504 of the City Code, and (2) authorize staff to
publish an ordinance summary in the official City newspaper in accordance with City
Charter Section 3.07.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
ORDINANCE SUMMARY
ORDINANCE NO. 834
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, CHAPTER 504, OF
THE MOUNDS VIEW CITY CODE REGULATING PEDDLERS, SOLICITORS,
TRANSIENT MERCHANTS, NON-COMMERCIAL DOOR TO DOOR ADVOCATES,
AND SIMILARLY SITUATED PERSONS
On September 28, 2009, the Mounds View City Council adopted an ordinance which amends
Chapter 504 of the Municipal Code relating to transient merchants, peddlers and solicitors.
A copy of Ordinance 824 is on file and available for public viewing at the office of the Clerk-
Administrator. The ordinance is also posted in its entirety on the City’s website, located at
www.ci.mounds-view.mn.us.
__________________________________
James Ericson, City Clerk-Administrator
355717v7 MJM MU125-65
Page 1
ORDINANCE NO. 834
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, CHAPTER 504, OF
THE MOUNDS VIEW CITY CODE REGULATING PEDDLERS, SOLICITORS,
TRANSIENT MERCHANTS, NON-COMMERCIAL DOOR TO DOOR ADVOCATES,
AND SIMILARLY SITUATED PERSONS
THE CITY OF MOUNDS VIEW, MINNESOTA, ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 504, of the Mounds View Municipal Code as follows:
SECTION:
504.00: Purpose
504.01: Definitions
504.02: Permit Required
504.03: Application For Permit
504.04: License Permit Fees
504.05: Investigation; Issuance Or Denial 504.06: Conditions Of Permit
504.06: Prohibited Acts
504.07: Revocation or Suspension Of Permit
504.08: Expiration Of Permit
504.09: Religious And Charitable SolicitationsExempt Persons Registration Requirement
504.10: Enforcement Of Provisions
504.11: Appeals
504.12: Exemptions From Provisions
504.13: Uninvited Peddling Or Soliciting Prohibited Exclusion by Placard or Request
504.14: Violation And Penalties
504.15: Severability
504:00: PURPOSE: This section has been enacted to protect residents of the City from fraud, to
prevent crime, and to address other general safety and welfare concerns.
504.01: DEFINITIONS: As used in this Chapter, the following words and terms shall have the
meanings ascribed to them in this Section:
Subd. 1. NON-COMMERCIAL DOOR TO DOOR ADVOCATE: A person who goes door to door for
the primary purpose of disseminating religious, political, social, or other ideological beliefs.
For purposes of this ordinance, the term door-to-door advocate shall fall under the term
solicitor and shall include door-to-door canvassing and pamphleteering intended for non-
commercial purposes.
355717v7 MJM MU125-65
Page 2
Subd. 2. PEDDLER: Any person, whether a resident of the City of Mounds View or not, who goes
from house to house, from place to place or from street to street, conveying or transporting
goods, wares or merchandise or offering or exposing the same for sale, or making sales and
delivering articles immediately upon purchase to purchasers. It does not include vendors of
milk, bakery products, groceries or ice who distribute their products to regular customers on
established routes.
Subd. 2.3. PERSON or PERSONS: Any natural individual, group, organization, corporation, partnership,
or similar association.
Subd. 4. SOLICITOR: Any person, whether a resident of the City of Mounds View or not, who goes
from house to house, from place to place or from street to street, soliciting or taking or
attempting to take orders for sale of goods, wares or merchandise, including magazines, books,
periodicals or personal property of any nature whatsoever for future delivery or for service to
be performed in the future, whether or not such order or whether or not such person is
collecting advance payments on such order. Such definition includes any person who, for
themselves or for another person, firm or corporation, hires, leases, uses or occupies any
building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room, lodging
house, apartment, shop or other place within the City for the purpose of exhibiting samples or
taking orders for future delivery. The absence of catalogs or samples does not remove a person
from the scope of this provision if the actual purpose of the person’s activity is to obtain or
attempt to obtain orders as discussed above.
Subd. 3.5. TRANSIENT MERCHANT: Includes any person, firm or corporation, whether as owner,
agent, consignee or employee, whether a resident of the City of Mounds View or not, who
engages in a temporary business of selling and delivering goods, wares or merchandise within
the City, and who, in furtherance of such purposes, hires, leases, uses or occupies any
building, parking lot, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room
in hotels, lodging houses, apartments, for the exhibition and sale of such goods, wares and
merchandise, either privately or at public auction; provided, that such definition does not
include any person, firm or corporation who, while occupying such temporary location, does
not sell from stock, but exhibits samples for the purpose of securing orders for future delivery
only. The person, firm or corporation so engaged is relieved from complying with the
provisions of this Chapter merely by reason of associating temporarily with any local dealer,
trader, merchant or auctioneer or by conducting such transient business in connection with, as
a part of or in the name of any local dealer, trader, merchant or auctioneer.
Subd. 6. EXCEPTIONS TO DEFINITIONS: For purposes of this Chapter, the terms PEDDLER,
SOLICITOR, and TRANSIENT MERCHANT shall not apply to:
a. Non-commercial door-to-door advocates. Nothing within this ordinance shall be interpreted
to prohibit or restrict non-commercial door-to-door advocates. Any person engaging in door-to-
door advocacy shall not be required to register as a solicitor under Section 504.02.
b. Any person selling or attempting to sell at wholesale any goods, wares, products,
merchandise, or other personal property to a retail seller of the items being sold by the
wholesaler.
355717v7 MJM MU125-65
Page 3
c. Any person who makes initial contacts with other people for the purpose of establishing or
trying to establish a regular customer delivery route for the delivery of perishable food and
dairy products, such as baked goods or milk.
d. Any person making deliveries of perishable food and dairy products to the customers on his
or her established delivery route.
e. Any person making deliveries of newspapers, newsletters, or other similar publications on an
established customer delivery route, when attempting to establish a regular delivery route, or
when publications are delivered to the community at large.
f. Any person conducting the type of sale commonly known as garage sales, rummage sales, or
estate sales.
g. Any person participating in an organized multi-person bazaar or flea market.
h. Any person conducting an auction as a properly licensed auctioneer.
i. Any officer of the court conducting a court-ordered sale.
Exemption from these definitions shall not, for the scope of this Chapter, excuse any person
from complying with any other applicable statutory provision or requirement provided by
another City ordinance.
504.02: PERMIT REQUIRED: It
Subd. 1. Except as otherwise provided for in this ordinance, it is unlawful for any peddler, solicitor or
transient merchant to engage in any such business within the City without first obtaining a
permit therefor in compliance with the provisions of this Chapter. Solicitors engaged in entirely
for-profit, commercial endeavors must obtain a permit to engage in such business within the
City. All other Solicitors need not obtain a permit, but are required to register with the City
pursuant to Section 504.09.
Subd. 2. Exemptions from Permit Requirement:
a. Any person may sell or peddle the products of the farm or garden occupied and cultivated by
him or her without obtaining a permit.
b. No permit shall be required for any person going from house to house, door to door, business
to business, street to street, or any other type of place-to-place movement for the primary
purpose of exercising that person’s state or federal constitutional rights such as the freedom of
speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if
the person’s exercise of constitutional rights is merely incidental to what would properly be
considered a commercial activity.
Subd. 3. No permit issued under this Chapter shall be transferred to any person other than the person to
whom the permit was issued.
355717v7 MJM MU125-65
Page 4
504.03: APPLICATION FOR PERMIT: Applicants for a permit under this Chapter shall file with
the Clerk-Administrator a sworn application, in writing, on a form to be furnished by the Clerk-
Administrator. and accompanied by the permit fee provided for in 504.04. The application shall give the
following information:
Subd. 1. Name Full legal name and physical description of applicant.
Subd. 2. Complete permanent home and local address and telephone numbers of the applicant and, in
the case of transient merchants, the local address from which proposed sales will be made.
Subd. 3. A brief description of the nature of the business and the goods to be sold.
Subd. 4. The name and address of the employer, principal or supplier of the applicant, together with
credentials therefrom establishing the exact relationship.
Subd. 5. The length of time for which the right to do business is desired.
Subd. 6. The source of supply of the goods or property proposed to be sold or orders taken for the sale
thereof, where such goods or products are located at the time said application is filed and the
proposed method of delivery.
Subd. 7. A recent photograph of the applicant, which picture shall be approximately two inches by two
inches (2" x 2") showing the head and shoulders of the applicant in a clear and distinguishing
manner.
Subd. 8. The names of at least two (2) property owners of Ramsey County who will certify as to the
applicant's good character and business respectability or, in lieu of the names of references,
such other available evidence as to the good character and business responsibility of the
applicant as will enable an investigator to properly evaluate such character and business
responsibility.
Subd. 9. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor
or violation of any Municipalmunicipal ordinance, other than traffic violations, the nature of
the offense and the punishment or penalty assessed therefor.
Subd. 10. The last municipalities, not to exceed three (3), where the applicant carried on business
immediately preceding date of application and the addresses from which such business was
conducted in those municipalities.
Subd. 11. Proof of permit from the State of Minnesota or Ramsey County, if applicable.
Subd. 12. If a transient merchant, written permission from property owner.
Subd. 13. The license plate of any vehicle used in conjunction with the activity for which a permit is
sought.
504.04: LICENSE PERMIT FEES: The fee for every such license permit shall be established by the
resolution of the City Council.
355717v7 MJM MU125-65
Page 5
504.05: INVESTIGATION; ISSUANCE OR DENIAL OF PERMIT:
Subd. 1. Investigation: Upon receipt of each application and payment of the fee, it shall be referred to
the Chief of Police, who shall immediately institute such investigation of the applicant’s
business and moral character as he deems necessary for the protection of the public good and
shall endorse the application in the manner prescribed in this Section within seventy two (72)
hours three (3) business days after it has been filed by the applicant with the Clerk-
Administrator.
Subd. 2. Denial of Permit: If, as a result of such investigation, the applicant’s character or business
responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such
application any disapproval and the reasons for the same and return the application to the
Clerk-Administrator, who shall notify the applicant within three (3) business days that the
application is disapproved and that no permit will be issued.
Subd. 3. Grounds for Denial of Permit:
a. The failure of an applicant to obtain and demonstrate proof of having obtained any required
county permit or state license.
b. The failure of an applicant to truthfully provide any information requested by the city as part
of the application process.
c. The failure of an applicant to sign the permit application.
d. The failure of an applicant to pay the required fee at the time of application.
e. A conviction within the past five (5) years of the date of application for any violation of any
federal or state statute or regulation, or of any local ordinance, which adversely reflects upon
the person’s ability to conduct the business for which the permit is being sought in a
professional, honest and legal manner. Such violations shall include, but are not limited to,
burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or
threatened physical harm against another person.
f. The revocation within the past five (5) years of any license or permit issued to an applicant
for the purpose of conducting business as a peddler, solicitor, or transient merchant.
g. When an applicant has a bad business reputation. Evidence of a bad business reputation shall
include, but is not limited to, the existence of more than three (3) complaints against an
applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or
other state attorney general’s office, or other similar business or consumer rights office or
agency, within the preceding twelve (12) months, or three (3) complaints filed with the city
against an applicant within the preceding five (5) years.
Subd. 4. Appeal of Denial: Any person whose permit application is denied under this section shall have
the right to appeal that decision as provided in Section 504.11.
355717v7 MJM MU125-65
Page 6
Subd. 5. Approval And Issuance Of Permit; Contents: If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory, the Chief of Police
shall endorse the approval on the application and return the application to the Clerk-
Administrator, who shall deliver to the applicant the permit within three (3) business days.
Such permit shall contain the signature of the issuing officer and shall show the name, address
and photograph of said permittee, the class of the permit issued and the kinds of goods or
services to be sold thereunder, the date of issuance that the same shall be operative, as well as
the permit number and other identifying description of any vehicle used in such licensed
business.
Subd. 4.6. Record Of Permits: The Clerk-Administrator shall keep a permanent record of all permits
issued.
504.06: CONDITIONS OF PERMIT: PROHIBITED ACTS:
No peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or other person engaged
in other similar activities shall conduct business in any of the following manners:
Subd. 1. Personal Permits Required: Each peddler, solicitor or transient merchant must secure a personal
permit. Failing to provide proof of permit, registration, or identification when requested, or
carrying a permit or certificate or another person. Transient merchants must display their permit
in a conspicuous place on their premises.
Subd. 2. Custody Of Permit: No permit shall be carried at any time by any person other than the one to
whom it is issued.
Subd. 2. Conducting business in a way that creates a threat to the public health, safety, and welfare of
any specific individual or the general public or otherwise operating one’s business in any
manner that a reasonable person would find obscene, threatening, or abusive.
Subd. 3. Loud Noises And Speaking Devices: No permittee nor any person in permittee’s behalf shall
shout, cry Shouting, crying out, blow blowing a horn, ring ringing a bell or use using any
sound amplifying device upon any of the streets, alleys, parks or other public places of the
City or upon premises where sound of sufficient volume is emitted or produced therefrom to
be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places
for the purpose of attracting attention to any goods, wares or merchandise which such licensee
person proposes to sell.1
Subd. 4. Use Of Streets: No permittee shall have any Claiming an exclusive right to any location in the
public streets nor shall or any be permitted a stationary location thereon nor shall any be
permitted to operate or operating in a congested area where such operation might impede or
inconvenience the public use of such streets. For the purpose of this Chapter, the judgment of
a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is
congested and the public impeded or inconvenienced.
Subd. 5. Alleging false or misleading statements about the products or services being sold, including
untrue statements of endorsement. No person shall claim to have the endorsement of the City
based solely on the City’s issuance of a permit or certificate of registration.
1 See also Sections 607.07 and 1103.11 of this Code for noise control regulations.
355717v7 MJM MU125-65
Page 7
Subd. 5. Exhibition Of Permit: Permittees are required to exhibit their permit at the request of any
citizen. Transient merchants must display their permit in a conspicuous place on their premises.
Subd. 6. Hours: Peddlers and solicitors may conduct their Conducting business only between the hours
of before nine o'clock (9:00) A.M. and after eight o'clock (8:00) P.M.
Subd. 7. Remaining on the property of another when requested to leave.
504.07: REVOCATION OR SUSPENSION OF PERMIT:
Subd. 1. Cause For Revocation or Suspension: Permits issued under the provisions of this Chapter may
be revoked or suspended by the City Council, after notice and hearing, for any of the following
causes:
a. Fraud, misrepresentation or incorrect statement contained in the application for permit.
b. Fraud, misrepresentation or incorrect statement made in the course of carrying on the
business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or
itinerant vendor permitted activity.
c. Any violation of this Chapter.
d. Conviction of any crime or misdemeanor.
e. Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant
merchant or itinerant vendor, as the case may be, in an unlawful manner or in such a
manner as to constitute a breach of peace or to constitute a menace to health, safety or
general welfare of the public.
e. Engaging in any prohibited activity as provided under Section 504.06.
Subd. 2. Notice Of Hearing: Notice of the hearing for revocation or suspension of a permit shall be
given by the Clerk-Administrator, in writing, setting forth specifically the grounds of
complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to
the permittee at permittee’s last known address at least five (5) days prior to the date set for
hearing or shall be delivered by a police officer in the same manner as a summons at least
three (3) days prior to the date set for hearing.
Subd. 3. Appeal: Any person whose permit is suspended or revoked under this section shall have the
right to appeal that decision as provided in Section 504.11.
Subd. 4. Reapplication: No permittee whose permit has been revoked shall make further application
until at least six (6) months have elapsed since the last previous revocation.
Subd. 5. Emergency Revocation: If, in the discretion of the City Council, imminent harm to the health
or safety of the public may occur because of the actions of a peddler or transient merchant
permitted under this ordinance, the City Council may immediately suspend a person’s permit
and provide notice of the right to hold a subsequent public hearing as prescribed in
subdivision 2 of this section.
355717v7 MJM MU125-65
Page 8
504.08: EXPIRATION OF PERMIT: All annual permits issued under the provisions of this Chapter
shall expire at midnight December 31 in the year when issued. Other than annual licenses shall expire at
midnight on the date specified in the license.
504.09: RELIGIOUS AND CHARITABLE SOLICITATIONS: EXEMPT PERSONS
REGISTRATION REQUIREMENT:
Subd. 1. Any organization, society, association or corporation desiring to solicit or to have solicited in
its name money, donations of money or property or financial assistance of any kind or desiring to sell or
distribute any item of literature or merchandise for which a fee is charged or solicited from persons other
than members of such organizations upon the streets, in office or business buildings, by house-to-house
canvass or in public places for a charitable, religious, patriotic or philanthropic purpose shall be exempt
from the provisions of Section 504.04 of this Chapter; provided, there is filed a sworn application, in
writing, on a form to be furnished by Any solicitor and any person exempt from the permit requirements
of this Chapter shall be required to register with the City prior to engaging in those activities.
Registration shall be made on the same form as required for a permit application, but no fee shall be
required. Immediately upon completion of the registration form, the Clerk-Administrator which shall
give the following information: shall issue the registrant a certificate of registration as proof of the
registration. Certificates of registration shall be non-transferable.
a. Name and purpose of the cause for which the permit is sought.
b. Names and addresses of the officers and directors of the organization.
c. Period during which solicitation is to be carried on.
d. Whether or not any commission, fee, wages or emoluments are to be expended in
connection with such solicitation and the amount thereof.
Subd. 2. Individuals that will be engaging in non-commercial door to door advocacy shall not be
required to register.
Subd. 2. Upon being satisfied that such organization, association or corporation is a religious, charitable,
patriotic or philanthropic organization, the Clerk-Administrator shall issue a permit without
charge to such organization, association or corporation to solicit in the City. Such organization,
association or corporation shall furnish all of its members, agents or representatives conducting
solicitation credentials, in writing, stating the name of the organization, name of agent and
purpose of solicitation.
504.10: ENFORCEMENT OF PROVISIONS:
Subd. 1. Duty Of Police: It shall be the duty of the City police to require any person seen peddling,
soliciting or canvassing conducting activities regulated by this Chapter and who is not known
by such officer to have obtained a permit or certificate hereunder to produce the permit or
certificate and to enforce the provisions of this Chapter against any person found to be
violating the same.
Subd. 2. Records: The Chief of Police shall report to the Clerk-Administrator all convictions for
violation of this Chapter, and the Clerk-Administrator shall maintain a record for each permit
issued and record the reports of violation therein.
355717v7 MJM MU125-65
Page 9
504.11: APPEALS: Any person aggrieved by the action of the Chief of Police or the Clerk-
Administrator in the denial, revocation, or suspension of a permit as provided in Section Sections 504.05
and 504.07 of this Chapter may appeal to the Council. Such appeal shall be taken by filing with the
Council within fourteen (14) days after notice of the action complained of by a written statement setting
forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such
appeal within twenty (20) days, and notice of such hearing shall be given to the appellant in the same
manner as provided in Section 504.07 of this Chapter for notice of hearing on revocation.
504.12: EXEMPTIONS FROM PROVISIONS: The terms of this Chapter do not include the acts of
persons selling personal property at wholesale to dealers in such articles, not to newspaper carriers, nor
or to the acts of merchants or their employees in delivering goods in the regular course of business.
Nothing contained in this Chapter prohibits any sale required by statute or by order of any court or
prevents any person conducting a bona fide auction sale pursuant to law.
504.13: UNINVITED PEDDLING OR SOLICITING PROHIBITEDEXCLUSION BY
PLACARD OR REQUEST: It is hereby declared to be the policy of this City that the occupant or
occupants of the premises approached for solicitation by any person subject to this Chapter or otherwise
engaged in similar activities can determine whether or not the peddlers or solicitors that person shall be,
or shall not be, invited to their respective properties residences. Any peddler or solicitor person subject to
this Chapter or otherwise engaged in similar activities must immediately and peacefully leave any
property where the property owner has posted a sign or placard stating “No peddlers or solicitors” sign.
Any peddler or solicitor or other comparable statement. Any person subject to this Chapter or otherwise
engaged in similar activities who has gained entrance to any property residence, whether invited or not,
shall immediately and peacefully depart from the premises when requested to do so by the occupant.
504.14: VIOLATION AND PENALTIES: Any person who violates any provision of this Chapter is
guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of
this Code.
504.15: 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. 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.
First Reading: September 14, 2009
Second Reading: September 28, 2009
Publication Date: October 1, 2009
Joe Flaherty, Mayor
Attest:
_______________________________
Jim Ericson, City Clerk-Administrator
City of Mounds View
Certify 2009 payable 2010
Resolution 7493
59201004
One year assessments
PIN Name Property Address Amount Fee Total
06-30-23-31-0001 FREDRICK A DAVID 2808 Sherwood Road 680.00 35.00 715.00
06-30-23-41-0037 SARA B BARBER 7940 Greenwood Drive 680.00 35.00 715.00
06-30-23-42-0055 SHIRLEY M BRESCANCINI 7900 Red Oak Drive 850.00 35.00 885.00
City of Mounds View
Certify 2009 payable 2010 - 2014
Resolution 7493
59201005
Five year assessments
Admin
PIN Name Property Address Amount Fee Total
06-30-23-12-0101 NORBERT D MOE 8367 Red Oak Drive 4,660.00 35.00 4,695.00
06-30-23-41-0050 RYAN T SCHERBENSKE 8065 Eastwood Road 2,036.00 35.00 2,071.00
Item No: 7.D.
Meeting Date: September 28, 2009
Type of Business: Council Business
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 7493 Adopting a Special Assessment Levy for Private
Improvements in Area A of the Street and Utility Improvement
Program
The City offered property owners the opportunity to have private improvements completed as part of
the area A street project. It is in the City’s best interest to have as many of these improvements done
during the project to reduce the number of street openings that may have to happen in the future.
The property owner may pay the amount due by 4:30 P.M. on Monday, September 28, 2009 in order
to avoid the $35.00 administrative fee. The owner may prepay the assessment between September
29, 2009 and October 28, 2009 without paying additional interest. After that, interest at the rate of
5.50% will accrue from September 28, 2009 through the payment date. This interest rate and
administrative fee were set by the City Council in Resolution 7135.
On or after October 28, 2009, we will forward the assessment roll to Ramsey County for collection with
the 2010 property taxes.
Respectfully submitted,
___________________________
Mark Beer
RESOLUTION NO. 7493
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and
Utility Improvement Program
WHEREAS, the City has received signed petition and waiver agreements from individual
property owners agreeing to the proposed assessments in the attached assessment roll for private
improvements in conjunction with the Area A Street and Utility Improvement Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View
that:
1. Such proposed assessment roll, a copy of which is attached hereto and made a part hereof,
is accepted and shall constitute a special assessment against the lands named therein, and
each tract of land therein is hereby found to be benefited by the private improvement in the
amount of the assessment levied against it.
2. The assessments as adopted and confirmed shall be payable in equal annual installments
over a period of one (1) year if less than $1,000 and five (5) years if greater than $1,000, the
first of the installments to be payable on or before the first Monday in January 2010, and
shall bear interest at the rate of five and one half (5.5) percent per annum from September
28, 2009. To the first installment shall be added interest on the entire assessment from
September 28, 2009 through December 31, 2010. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to the certification of the
assessments to the County Auditor pay the whole of the assessment, with interest accrued
to the date of payment, to the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this resolution; and the owner
may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment,
with interest from the date of adoption of this resolution through the date of payment, such
payment must be made before October 28, 2009, or interest will be charged through
December of the succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the county, and such assessments shall
be collected and paid over in the same manner as other municipal taxes.
Adopted this 28th Day of September 2009.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson, City Clerk - Administrator
(SEAL)
Item No: 7E
Meeting Date: September 28, 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 Ordinance 836, Approving
the Vacation of a Sanitary Sewer Easement at the Mermaid,
2200 County Highway 10
Introduction:
Dan Hall, owner of the Mermaid, has applied to the City for the vacation of a sanitary sewer
easement that the City took in 1966 for a proposed sewer line, but never used. Mr. Hall
recently sold the AmericInn motel, and the buyer’s attorney requested that Mr. Hall apply to
the City to vacate this easement as part of the sale agreement.
Discussion:
The public works staff has reviewed this request and determined that the City changed
where the sewer pipe was installed, and placed it on the other side of County Highway 10
instead.
To vacate an easement or other public interest in a parcel, the City must determine that the
easement no longer serves a public purpose. In this case, the City has never used this
easement in the 43 years that it has existed and the City has no plans to use the easement
in the near future. As such, there should be no negative impact with the vacation.
Recommendation:
Staff recommends that the City Council review the request and original easement
document, and hold the first reading and introduction of Ordinance 836. This resolution
approves the vacation of a sanitary sewer easement along County Highway 10 at County
Road H.
Respectfully Submitted,
Heidi Heller
Planning Associate
Attachments:
1. Plat showing easement location
2. Ordinance 836
Mermaid Plat 8-21-09
Sewer easement runs
along Highway 10
ORDINANCE NO. 836
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING A VACATION OF A
SANITARY SEWER EASEMENT ON THE MERMAID PROPERTY,
LOCATED AT 2200 COUNTY HIGHWAY 10
WHEREAS, the City of Mounds View was granted a sanitary sewer easement in
1966 along the property associated with the Mermaid, 2200 County Highway 10; and,
WHEREAS, Dan Hall has submitted an application to vacate part of the sanitary sewer
easement on the following legally described parcel:
Mermaid 2nd Addition, Ramsey County, Minnesota
WHEREAS, the easement area to be vacated from the above property is legally
described as follows:
An easement for sanitary sewer described as a strip of land 20 feet wide, the centerline of
which is described as a line beginning at a point on the northeasterly corner of, and ending
at a point on the southeasterly line of, and 24.3 feet from said southeasterly corner of the
following described property:
Part of SE ¼ of SE ¼ and of E 211 18/100 feet of SW ¼ of SE ¼ SWly of Hwy 10 nwly of
extended cl of Co Rd H and S of a L par with and 247 35/100 ft N of a J, run W at RA with
E L of sd ¼ ¼ from pt of intersection of E L of sd ¼ ¼ with Wly L of hwy (subj to rd) in
Sec 8 3023 8
NOW THEREFORE,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Special Ordinance No. 836.
Subd. 1. The City has made a determination that the sanitary sewer easement area
as described herein and illustrated on Exhibit A does not serve a public purpose, and as
such, it is in the public interest to vacate said easement area.
Subd. 2. The Mounds View City Council finds there is no public interest or purpose
served in keeping the easement area described and proposed to be vacated.
Subd. 3. That described part of the drainage and utility easement as shown on
Exhibit A is hereby vacated.
Ordinance 836
Page 2
SECTION 2. This ordinance takes effect thirty (30) days after its publication in accordance
with Section 3.09 of the City Charter.
FIRST READING AND INTRODUCTION by the City Council of the City of Mounds View
this 28th day of September, 2009.
PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of
Mounds View will be done on this 12th day of October, 2009.
PUBLICATION DATE: October 22nd, 2008.
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(SEAL)
EXHIBIT A – Original Easement Document #1671960
RESOLUTION 7504
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING PRELIMINARY SURVEYING SERVICES FOR AREA D
OF THE STREET AND UTILITY IMPROVEMENT PROGRAM
WHEREAS, pursuant to Resolution No. 7176 adopted by the City
Council on Oct. 22, 2007, the Street and Utility Improvement Program was
established; and
WHEREAS, the Program identified project Areas A through I,
corresponding to years 2009 through 2017; and
WHEREAS, Area D is scheduled for construction in 2011; and
WHEREAS, per the project schedule the preliminary survey for
Area D should be performed in the autumn of 2009 to allow construction in 2011.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View, Ramsey County, Minnesota as follows:
1. All necessary activities to perform the preliminary survey for the
Street and Utility Improvement Project in Area D of the Street and
Utility Improvement Program are hereby authorized.
2. Bonestroo is selected as the consulting engineering firm to provide
the services for the preliminary survey for the Street and Utility
Improvement Project in Area D.
3. No commitment is made by the City of Mounds View to Bonestroo
for any activities associated with the Street and Utility Improvement
Project in Area D beyond the preliminary survey. The City retains
its right for consulting engineer selection for all subsequent
activities on the Project.
4. No activities beyond the preliminary survey are authorized for the
Street and Utility Improvement Project in Area D.
Adopted this 28th day of September 2009.
____________________________________
Joe Flaherty, Mayor
(ATTEST)
____________________________________
James Ericson, Clerk–Administrator
(SEAL)
Item No: 7F
Meeting Date: September 28, 2009
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 7501 Adopting Non-Standard Street Design
Configuration for Edgewood Drive
Background:
Edgewood Drive (between County Road H and H2) is a Municipal State Aid System (MSAS)
roadway in Area C of the Streets and Utilities Program (Program) and is scheduled for
construction next year. Edgewood Drive is classified as a “non-standard” street in the Program
due to its MSAS status and since it is designated as a pedestrian/bicycle corridor in the City’s
Comprehensive Sidewalk/Trailway Plan. Edgewood Drive is the last non-standard street to be
dealt with in Area B/C.
There has been much discussion regarding the various options and amenities for Edgewood
Drive, including detailed discussion at the following public meetings:
• April 20, 2009 - Streets and Utilities Committee Meeting
• May 18, 2009 - Streets and Utilities Committee Meeting
• June 2, 2009 - Public Information Meeting for Area B/C Non-Standard Streets (50+)
• June 15, 2009 - Streets and Utilities Committee Meeting
• July 6, 2009 - City Council Work Session Meeting
• August 17, 2009 - Streets and Utilities Committee Meeting
• September 21, 2009 - Streets and Utilities Committee Meeting
The June 2, 2009 public information meeting had over 50 residents in attendance and much of
the meeting time was discussing Edgewood Drive. In conjunction with that meeting, feedback
forms were distributed to gain property owner input. In addition to public meetings, there have
been many internal discussions between City staff and Bonestroo, including an on-site meeting
with Edgewood Middle School staff on April 15, 2009. Three letters from residents owning
property adjacent to Edgewood Drive have been received by the City (Sean Walther-2425
Ridge Lane, Ken Glidden-5240 Edgewood Drive, and Ken Gladen-5149 Edgewood Drive).
Discussion:
Current Configuration
Edgewood Drive currently exists as a wide roadway with 12.5 foot drive lanes and 10 foot
parking lanes on each side, with a total width of 45 feet face-to-face of curb and a right-of-way
width of 60 feet. Adjacent to the back of curb on the east side, from County Road H to
approximately 600 feet north, is a five foot concrete sidewalk. Edgewood Middle School is
located on the east side of the road, just north of County Road H, and Robert’s Bar is also on
the southeast corner of the intersection with County Road H2.
Edgewood Drive is signed “No Parking” on the west side of the road from County Road H to
Woodale Drive and on the east side of the road from the school entrance north to Woodale
Drive. It is signed “No Parking after 6 p.m.” on both sides of the road from Woodale Drive to
County Road H2. The existing curb and gutter on Edgewood Drive was assessed by City and
Bonestroo staff. It was determined that the curb was in poor condition due to the lack of
aggregate base course used in its reconstruction in 1984. It is estimated that only 50% of the
existing curb and gutter is salvageable.
Resolution 7501 Adopting Non-Standard Street Design Configuration for Edgewood Drive
September 28, 2009
Page 2
The Public Works Department recently obtained traffic counts for Edgewood Drive. The data
collected shows that traffic on Edgewood Drive doubles on days when school is in session.
This doubling of traffic most likely occurs during very short periods in the morning and afternoon
when parents drop off and pick up their children. Edgewood MS classroom hours are from 8:10
a.m. to 2:40 p.m., with office hours from 7:00 a.m. to 4:00 p.m. The following traffic counts were
gathered:
Monitor Period
No. of Vehicles
South of Woodale
No. of Vehicles
North of Woodale
Average Vehicles
per 2-day period
Average Vehicles
per day
Begin 12:00 p.m., 08/19/09
End 12:00 p.m., 08/21/09
1,073 1,125 1,099 550
Begin 12:00 p.m., 09/16/09
End 12:00 p.m., 09/18/09
2,145 N/A - traffic counter
equipment disturbed 2,200* 1,100*
*estimated
Several configurations and options for reconstruction of Edgewood Drive were developed based
on the existing conditions. The major issues of the existing roadway are summarized as
follows:
Existing curb is in poor condition;
Existing street width is very wide, contributing to unnecessary impervious surfacing and
expensive initial and on-going maintenance costs;
Existing sidewalk is narrower than City standard and causing public works maintenance
issues with snow plowing;
Parking is severely limited even though parking lanes are provided on both sides for
entire length;
Provide accommodations for Edgewood MS needs.
Design Options
Edgewood Drive design options contained in the draft Feasibility Report were discussed by the
Committee on May 18, 2009 and subsequently narrowed down to two options for presentation
at the public information meeting on June 2, 2009 at the request of the Committee. Each option
eliminated the west parking lane, kept the east parking lane, and replacing all existing curbing.
An option of the “as-is” condition was not initially considered for several reasons.
Parking on the east side was considered important for several reasons. School drop off and
pick up traffic is confined to the school (east) side of the road and off-street sidewalk/trail
accommodations allow students to step out of the vehicles onto a solid surface. East side
parking also eliminates the need to cross the street for student drop offs/pick ups or any evening
school activities. In addition, no side streets exist on the east side of Edgewood Drive north of
Woodale Drive. Several streets exist of the west side which would allow on-street parking for
property owners on the west side.
Option 1 provided one 14 foot southbound (SB) drive lane, one 12 foot northbound (NB) drive
lane, one 8 foot parking lane on the east, and an 11 foot, off-street, shared-use asphalt trail
behind the east top back of curb (total width of 34 feet face-to-face of curb). This option
provides 100% off-street pedestrian and bicycle accommodations. State Aid Standards require
a shared-use trail be constructed at a minimum of three feet off the back of curb where a
parking lane exists. Since the minimum width of a shared use trail is 8 feet, this creates an 11
Resolution 7501 Adopting Non-Standard Street Design Configuration for Edgewood Drive
September 28, 2009
Page 3
foot bituminous trail. The multi-use trail is also a missing link between the multi-use trails
located along County Roads H and H2.
Option 2 provided two 12 foot drive lanes, one 8 foot dual-use parking/bike lane on the east,
and 5.5 foot, on-street bike lane on the west for SB traffic (total width of 38 feet face-to-face of
curb). This option provides 100% off-street pedestrian accommodations but all bicycle
accommodations are on-street.
Lengthy discussions were had during the June 2, 2009 public information meeting while
Edgewood Drive options were presented. A group of property owners in Area C wanted to see
Edgewood Drive remain the same configuration as it currently exists. Traffic, safety, pedestrian
movements, parking, pavement conditions, and other items were discussed during the
presentation. Edgewood Drive options presented at the June 2, 2009 public information
meeting included the following:
• Option 1: 34 foot total width (f-f curb) with multi-use trail (9/26=35%);
• Option 2: 38 foot total width (f-f curb) with off-street sidewalk and on-street bike lane
(5/26=19%);
• Option 3: No opinion (2/26=8%);
• Write-in (10/26=38%).
Nine of the ten write-in comments were in favor of reconstructing Edgewood Drive to the same
configuration that currently exists. No representatives from Edgewood Middle School staff were
present nor any students or parents that identified themselves as such. Staff met with
Edgewood Middle School staff and the school resource officer (SRO) on April 15, 2009 to
review the proposed options. School staff and the SRO felt that Option 1 would best serve the
needs and functions of the students and school activities.
Option 3 was developed as a result of the June 2, 2009 public information meeting and
feedback requesting an “as-is” configuration. Option 3 provides parking lanes on both sides of
the street but reduces each lane by 2 feet and the overall street width by 5 feet in accordance
with MSAS standards. A 6.5 foot off-street, concrete sidewalk was also added to the east side
of the roadway to address pedestrian needs with Edgewood Middle School. This option was
first introduced at the June 15, 2009 Committee meeting.
A recommendation by the Committee for Edgewood Drive was delayed at their August meeting
to allow Committee members to witness traffic and congestion associated with Edgewood
Middle School. Notices were mailed to Area C residents informing them of the Committee’s
intent to make a recommendation at their September 21, 2009 meeting in which approximately
20 persons were in attendance, including the Edgewood MS Principal and School Resource
Officer (SRO). The MS Principal and SRO were in favor of Option 1.
Option Costs
Costs associated with the Edgewood Drive amenities were also discussed at the September
meeting and are attached to this report. This summary is broken into amenity type and segment
(north and south of Woodale Drive - same distance). A base cost was established as the City
recommended standard street width of 28-feet. The costs associated with the addition of on-
street amenities reflect designation of 12-foot drive lanes and applicable clear zones. For
instance, if an 8-foot parking lane is added to the 28-foot wide base cost, the total street width
(face-to-face of curb) will be 34-feet (2’+12’+12’+8’) and not 36-feet (28’+8’). If a 5.5-foot bike
lane is added to this, the cost will be for a total street width of 37.5-feet (5.5’+12’+12’+8’) and
not 41.5-feet (5.5’+28’+8’). Costs for off-street amenities are associated with locating these
amenities directly behind the top back of curb.
Resolution 7501 Adopting Non-Standard Street Design Configuration for Edgewood Drive
September 28, 2009
Page 4
The following cost estimates are determined for the following options as shown on the notice:
Option
Cost Amount
South of Woodale
Cost Amount
North of Woodale
Total Cost
Amount
Option 1: 2-12-12-8=34’ wide w/ 11’ multi-use trail $ 367,500 $ 367,500 $ 735,000
Option 2: 5.5-12-12-8=37.5’ wide w/ 6.5’ sidewalk $ 399,600 $ 399,600 $ 799,200
Option 3: 8-12-12-8=40’ wide w/ 6.5’ sidewalk $ 410,800 $ 410,800 $ 821,600
Committee Recommendation
The Streets and Utilities Committee is recommending that the City Council adopt Option 3 for
the Edgewood Drive design configuration (vote tally was 5 for - 2 against). This option is most
similar to existing conditions (parking lanes on both sides of travel lanes) but includes a 6.5 foot
off-street (behind the curb) concrete sidewalk the entire length of Edgewood Drive from County
Road H to H2. The two members voting against this recommendation did not want full-parking
north of Woodale, but felt it was warranted south of Woodale. A revised design option of having
5.5 foot bicycles lanes in lieu of the parking lanes north of Woodale was suggested by one
member. The need for off-street pedestrian accommodations was unanimous with the
Committee.
Other items discussed included bump-outs, crosswalks, turn lanes, and parking limitations.
Bump-outs could be considered at the main crossing for the school (between the sidewalk
easement and school visitor parking), Woodale Drive, and Clearview Avenue for traffic calming
and pedestrian friendly roadway crossing. The Committee also recommended that the
crosswalks in front of the school and across County Road H and H2 be improved for safety
reasons. City staff will be discussing the County Road crossings with Ramsey County in the
near future. Turn lanes were also suggested for southbound traffic at County Road H and
northbound traffic at County Road H2. Lastly, if parking lanes are built into the roadway
configuration, then City staff recommends no limitations for parking in the corridor (complying
with Municipal Code). City staff will also be coordinating ideas for student drop-off/pick-up with
school staff for safety reasons.
City staff was informed by Bonestroo that if Option 3 is adopted by the City Council, the 60 foot
right-of-way would not be wide enough to accommodate infiltration features. However,
Bonestroo thinks that there is enough infiltration between excess infiltration area in Area A and
planned infiltration area in Area B/C to meet the Rice Creek Watershed District requirements.
Alternatively, additional locations could be pursued, including property owned by the school
near the tennis courts. This would be the only suitable location in the Edgewood Drive right-of-
way south of Woodale due to the steepness of the roadway.
Recommendation:
Staff recommends that the City Council approve Resolution 7501 which will adopt Option 3 for
the general design configuration for reconstructing Edgewood Drive. Although any of the
presented options would be suitable, our recommendation for Option 3 is based upon meeting
the needs of Edgewood MS and the concerns of homeowners on Edgewood Drive wanted an
“as-is” condition. Although Staff does not believe that parking on the west side north of
Woodale is needed, Option 3 provides a compromise for all stakeholders involved with this
process.
Resolution 7501 Adopting Non-Standard Street Design Configuration for Edgewood Drive
September 28, 2009
Page 5
Adopting the resolution will allow the engineering consultant to progress with the final design
and plan/specification preparation phases of the project. The City Council will be given another
chance to review and approve the final configuration for Edgewood Drive upon completion of
construction plans and specifications, including any other enhancements associated with bump-
outs, crosswalks, and turn lanes.
Respectfully submitted,
Nick DeBar
Public Works Director
Attachments:
Resolution 7500
Notice showing Edgewood Design Options
Bonestroo Memo for Amenities Cost Summary
N O T I C E T O P R O P E R T Y O W N E R S
REGARDING
EDGEWOOD DRIVE DESIGN CONFIGURATION
The Mounds View City Council will be discussing design configurations for reconstruction
of Edgewood Drive at their regular meeting at 7:00 p.m. on MONDAY - SEPTEMBER 28,
2009 in the Council Chambers at City Hall (2401 Highway 10). The Streets and Utilities
Committee has made a recommendation for reconstructing Edgewood Drive (2010
construction) and this recommendation will be considered by the City Council for City
Council approval. A City Council approved design configuration will be used in final design
and construction plans.
The following design configuration (Option 3) is being recommended by the Streets and
Utilities Committee for City Council consideration. Please note that the City Council may
approve the Committee recommendation, or may modify the option, or may choose an
entirely different option altogether. The option adopted by the City Council will be the
design that will be used and constructed next year.
Option 3 - as recommended by the Street and Utilities Committee:
Features:
• Most similar to the existing condition
• 8’ dual use parking and bike lane on both sides of the road
• 6.5’ off-street concrete sidewalk from Co. Road H to Co. Road H2
• Narrows the street approximately 5’, to the width of 40 feet.
**For further information or questions, please contact the Mounds View Public Works
Department at (763) 717-4050 or e-mail at public.works@ci.mounds-view.mn.us
- more on back side -
West East
Other design configuration options considered by the Streets and Utilities Committee are
shown below:
Option 1:
Features:
• 11’ off-street, shared-use asphalt trail
• 8’ parking lane on the east side of the road
• Eliminates parking on west side of road
• Keeps all bicycles and pedestrians off the roadway
• Narrows the street approximately 11’, to the width of 34 feet.
Option 2:
Features:
• 5.5’ on-street bike lane
• 6.5’ off-street concrete sidewalk
• 8’ dual use parking and bike lane on the east side of the road
• Eliminates parking on west side of road
• Narrows the street approximately 7.5’, to the width of 37.5 feet.
West
West
East
East
Memorandum
To:Streets and Utilities Committee Members
From:Design Team
Date:September 4, 2009
Re:Edgewood Drive
File No.:435-08132-0
This memo is being submitted to the Streets and Utilities Committee for the purpose of
providing additional cost information for Edgewood Drive. The following table illustrates
the costs associated with each additional feature or amenity.
AMENITIES SUMMARY
Item South of Woodale North of Woodale Total
Edgewood Drive Base Cost
(28' F-F) $ 285,500.00 $ 285,500.00 $ 571,000.00
Off-Street Amenities
6.5' Concrete Sidewalk $ 53,700.00 $ 53,700.00 $ 107,400.00
11' Multi-use Bituminous Trail $ 46,200.00 $ 46,200.00 $ 92,400.00
On-Street Amenities
8' Parking Lane $ 35,800.00 $ 35,800.00 $ 71,600.00
5.5' Bike Lane $ 24,600.00 $ 24,600.00 $ 49,200.00
* RESIDENTS WILL NOT BE ASSESSED FOR ANY AMENITIES*
Attachments: Edgewood Drive Preliminary Design Options Mailing
RESOLUTION 7501
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ADOPTING NON-STANDARD STREET DESIGN CONFIGURATION FOR
EDGEWOOD DRIVE
WHEREAS, a Streets and Utilities Committee was established through
Resolution 7223 on February 11, 2008 to oversee the implementation of the Street and
Utility Improvement Program, including advising and providing recommendations to the
City Council on design issues encountered during the Program; and
WHEREAS, the Streets and Utilities Committee has reviewed non-standard
street design issues and options for Edgewood Drive in Area C of the Street and Utility
Improvement Program and solicited public feedback through mailings and comments
during various Committee meetings; and
WHEREAS, the Streets and Utility Committee approved a recommendation on
September 21, 2009 for a non-standard street design configuration for Edgewood Drive
located in Area C of the Street and Utility Improvement Program; and
WHEREAS, the Streets and Utility Committee recommendation includes
pedestrian/bicycle accommodations that will comply with the City’s Comprehensive
Sidewalk/Trailway Plan; and
WHEREAS, the Streets and Utility Committee recommendation meets the needs
of Edgewood Middle School activities and provides a configuration most similar to those
desired by residents living along Edgewood Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. Edgewood Drive will be reconstructed to the general design configuration of
Option 3 (see attached) with a total street width of 40 feet, measured from
face-to-face of vertical curbing, with 8-foot dual-use, parking/bicycle lanes on
each side of the 12-foot travel lanes.
2. A 6-1/2 foot wide, off-street, concrete sidewalk will be constructed
immediately behind the back of curb on the east side of Edgewood Drive
between County Roads H and H2.
Adopted this 28th day of September, 2009.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(SEAL)
EDGEWOOD DRIVE DESIGN CONFIGURATION
OPTION 3
Features:
• Most similar to the existing condition
• 8’ dual use parking and bike lane on both sides of the road
• 6.5’ off-street concrete sidewalk from Co. Road H to Co. Road H2
Item No: 7G
Meeting Date: September 28, 2009
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director /
Joe Rhein, Consulting Engineer
Item Title/Subject: Resolution 7504 Authorizing Preliminary Surveying Services
for Area D of the Street and Utility Improvement Program
Background
On October 22, 2007 the City Council adopted Resolution 7176 establishing the Street
and Utility Improvement Program. The Program includes nine Street and Utility
Improvement Projects identified as Areas A through I.
On February 11, 2008 the City Council approved Resolution 7223 creating the Streets
and Utilities Committee. The overall charge of the Committee is to ensure the Street
and Utility Improvement Program is implemented as adopted and to advise and provide
recommendations to the City Council on certain issues pertaining to the Program.
On February 23, 2009 the City Council adopted Resolution 7414 awarding the
construction contract for Area A of the Street and Utility Improvement Program.
On July 13, 2009 the City Council adopted Resolution 7478 ordering the project and
authorizing preparation of plans and specifications for Areas B and C of the Street and
Utility Improvement Program.
Discussion
Area A of the Street and Utility Improvement Program is currently under construction.
The project for Areas B and C of the Program has been ordered, and construction plans
are currently being prepared. Areas B and C will be combined under a single project
scheduled for construction in 2010.
The next project for consideration under the Street and Utility Improvement Program is
Area D. Assuming the City wishes to continue the Street and Utility Improvement
Program without interruption, Area D would be scheduled for construction in 2011. A
copy of the overall Street and Utility Improvement Program map is included with this
Staff Report for reference.
A typical schedule for the projects under the Street and Utility Improvement Program
was developed in January 2008. A copy of the typical project schedule is also included
with this Staff Report for reference. The typical project schedule shows the first activity
to be performed is the preliminary survey. The Preliminary Survey is the data collected
September 28, 2009 Item No. 7G
Page 2
by a survey crew to record the location of all the physical features of the project site,
existing elevations, etc – information that is necessary to prepare the Feasibility Report
and perform the design of the project.
The typical project schedule shows the preliminary survey is to be conducted in the
autumn approximately 18 months prior to the desired start of construction. Therefore, if
it is desired to construct the Area D project in 2011, the preliminary survey for Area D
should be done in the autumn of 2009.
The cost of the preliminary survey for Area D is estimated to be approximately $30,000.
Resolution 7504 has been prepared for consideration by the City Council. The
resolution would authorize the preliminary survey for Area D. No additional work would
be authorized. Further development of the project for Area D would require additional
authorization by the City Council under separate resolutions at future dates. In addition,
Resolution 7504 makes no commitment of additional work on the street project for Area
D to the engineering firm who provides the services for the preliminary survey. The City
will retain its right to select the consulting engineer who performs the subsequent work
on the Area D project.
This issue was reviewed with the Streets and Utilities Committee at their meeting of
September 21, 2009. The Committee raised no objection to proceeding with the
preliminary survey.
If Resolution 7504 is adopted, the preliminary survey for Area D is anticipated to be
performed in October 2009.
Additional Information
No consideration has been given to a potential combined project for Areas D and E of
the Street and Utility Program, as was done for Areas B and C. There are a number of
reasons for this. The total length of a combined Areas D and E project would be very
large at 6.3 miles. (By comparison, Area A is 5.0 miles, and combined Areas B and C is
4.1 miles.) Areas D and E are not near each other geographically and are separated by
County Highway 10, which would pose challenges to the construction activities under a
combined project. It would also place increased burden on the financing plan for the
overall Street and Utility Improvement Program if another Area were accelerated. For
these reasons, Area D is simply proposed to proceed as its own single project.
That said, Area D is a relatively small project, with a length of 2.3 miles. Therefore if the
City had other miscellaneous improvements it is considering on individual streets not
within the Street and Utility Improvement Program, it may be possible to combine those
improvements with the Area D project to achieve cost savings through economy of
scale. Examples of such individual streets may be Program Avenue near County
Highway 10, or Mustang Drive. The Public Works Department will investigate this issue
further and report back to the City Council as appropriate.
September 28, 2009 Item No. 7G
Page 3
Recommendation:
It is recommended the City Council adopt Resolution 7504 to authorize the preliminary
surveying services for Area D of the Street and Utility Improvement Program.
Respectfully Submitted,
Joseph R. Rhein, Consulting Engineer
for
Nick Debar, Public Works Director
Attachments:
• Resolution 7504
• Street and Utility Improvement Program Map
• Typical Project Schedule
Prepared January 24, 2008
Infrastructure Improvement Program
Street and Utility Improvement Project
Typical General Schedule
The following is a typical generalized schedule for individual projects associated with the
Mounds View Street and Utility Improvement Program which was adopted on October 22, 2007.
Each project name will be based on the year(s) in which construction occurs.
Data Collection / Survey Work Begins September 1, construction year-2
Neighborhood Meeting October, construction year-2
Order Feasibility Report December, construction year-2
Second Neighborhood Meetings (if needed)March, construction year-1
Public Improvement Hearing,April, construction year-1
Feasibility Report Approved, Project Ordered,
Preparation of Plans and Specifications Authorized
Plans and Specifications approved, Set Bid Date October, construction year-1
Permits from Other Agencies December, construction year-1
Open Bids January, construction year
Award Construction Contract February, construction year
Neighborhood Preconstruction Meeting March, construction year
Construction Begins (Phase 1)May/June, construction year
Construction Completed (Phase 1)November, construction year
Construction Begins (Phase 2)May/June, construction year +1
Placement of Bituminous Wear Surface (Phase 1)July/August, construction year +1
Construction Completed (Phase 2)November, construction year +1
Placement of Bituminous Wear Surface (Phase 2)July/August, construction year +2
* This is a “typical” schedule for projects associated with the Mounds View Street and Utility
Improvement Program. Dates for specific projects, however, may be modified and/or revised as
necessary to accommodate specific circumstances of that project.
Item No: 08A
Meeting Date: September 28, 2009
Type of Business: Consent Agenda
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Community Development Technician
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will expire
on December 31, 2009. All applicants have submitted appropriate fees and proof of insurance.
Those companies that are “new” include applicants that have never been licensed with the City or
they may have been licensed with the City in the past, but were not licensed in 2008. The type of
license they are applying for follows the company name.
Advance Construction Company General (Commercial) Renewal
Czars of Tar, Inc. Asphalt New
Mathey Sign Sign New
Rainbow TreeCare Tree Trimming/Removal New
Twin Cities Concrete Masonry/Cement New
Recommendation: Approve license applications as requested.
Item No: 08E
Meeting Date: September 28, 2009
Type of Business: Consent Agenda
City 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 7502, Authorizing a Transfer of Ownership for a
Cigarette and Tobacco License for Tobacco View, located at
2539 County Highway 10.
Discussion:
The present owner of Tobacco View requesting a transfer of ownership for their
Cigarette and Tobacco License from Fayez Gieth to Hani Gieth. All application
materials and fees have been submitted to the City.
Recommendation:
Staff recommends approval of Resolution 7502, Authorizing a Transfer of Ownership for
a Cigarette and Tobacco License for Tobacco View, located at 2539 County Highway
10.
Respectfully Submitted,
____________________
Desaree Crane
RESOLUTION 7502
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Authorizing a Transfer of Ownership for a Cigarette and Tobacco License
for Tobacco View, located at 2539 County Highway 10
WHEREAS, Fayez Gieth and Hani Gieth, recently submitted an application for a
cigarette and tobacco license ownership transfer for Tobacco View located at 2539
County Highway 10 ; and
WHEREAS, Mr. Hani Gieth has submitted the appropriate application materials
and fees; and
WHEREAS, the licensing period would be September 29, 2009- June 30, 2010;
and
WHEREAS, all City of Mounds View business licenses must be approved by the
City Council.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby approve a tobacco license from Fayez Gieth to Hani Gieth for Tobacco View
located at 2539 County Highway 10.
Adopted this 28th day of September, 2009.
___________________________________
Joe Flaherty, Mayor
ATTEST:
___________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 11B(1)
Meeting Date: September 28, 2009
Type of Business: Reports
City Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Liquor License Update – Moe’s
Background:
Ramsey County property records continue to indicate that Moe’s property taxes are
delinquent. At the June 8, 2009, City Council Meeting, the owner of Moe’s (Jeff
Moritko), submitted a payment plan to the City. The payment plan stated that Mr.
Moritko would “ear mark” $1,500 per week to property taxes, and would be paid in full
(including 1st half of 2009) by October 1, 2009. Moe’s liquor license was approved at
the June 8, 2009, City Council Meeting contingent on becoming current on property
taxes by October 1, 2009.
Discussion:
Staff contacted Ramsey County Property Records Division on Wednesday, September
23, 2009. Ramsey County indicated that Moe’s continues to owe property taxes, and
are delinquent in the amount of $55,054.49. In addition, a second half of 2009 property
tax payment is due on October 15, 2009, which will increase the amount due on the
property.
Staff sent a letter to Mr. Moritko reminding him of his payment agreement with the City
Council. In this letter, Staff stated that if property taxes are not paid in full by the
October 1, 2009, deadline, then the City Council may consider options to include
suspension or revocation of his liquor license. In addition, Staff did give Mr. Moritko
another opportunity to submit a revised payment plan to Staff by Monday, September
28th. If Staff receives a revised payment plan, then Staff will present it to the City
Council at this meeting.
In addition to the delinquent property taxes, it has come to the attention of Staff that
Moe’s is delinquent in their liquor sales taxes with the Minnesota Department of
Revenue. Attached is the full list, which can be found on the Minnesota Department of
Revenue’s website. There are three (3) Mounds View businesses on this list, Moe’s,
Totino’s Italian Kitchen, and The Mermaid. These three (3) businesses are located in
the first section of the list. The businesses listed in the first section are more than 10
days late in filing or payment of their taxes. Once on the list, a wholesaler,
manufacturer or brewer cannot sell or deliver any product to the business. This was
designed to bring liquor establishments into compliance and inform the public that these
businesses, which are collecting taxes, cannot buy alcohol. Staff will continue to gather
more information about these sales tax delinquencies, and report back to the City
Council at a later date.
If Staff does not receive a revised payment plan from Mr. Moritko, or if the City Council
rejects the revised payment plan, then the City Council has the following options:
1. Suspension or Revocation of Liquor License: In accordance with
§502.04, subd. 2(b), no intoxicating liquor license shall be granted for
operation on any premises on which taxes, assessments, utility bills or
other financial claims of the Municipality are delinquent or unpaid. The
Council may suspend or revoke any liquor license for violation of any
provision or condition of the City’s liquor code or any state law regulating
the sale of intoxicating liquor. (MV City Code §502.16, subd. 1) If the
City Council wishes to start the process of suspension/revocation, then
Staff will need to provide written notice to Moe’s that a Public Hearing will
be held in suspending/revocating the liquor license. Staff must give the
owner eight (8) days written notice in accordance with the City Code.
2. Give Moe’s a Payment Extension. The City Council could give Moe’s
an extension on paying of their property taxes. Although this may be an
option for the Council to consider, Staff feels that this may just prolong
the problem. Second payment due for the 2009 property taxes is a little
over two weeks away. The City Council needs to be aware that this
option is not consistent under the provisions of the City Code.
Delinquency is a violation of §502.04, subd. 2(b), of the City Code, and
clearly states that no intoxicating liquor license shall be issued.
Staff would like direction on how the City Council would like to proceed. If you need any
additional information, then please do not hesitate to contact Staff.
Respectfully submitted,
_________________________
Desaree Crane
357542v2 SJR MU125-11
Kennedy 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: September 24, 2009
To: Jim Ericson, City Clerk-Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters,
etc. Review inspection services agreement with the City of Blaine. Research
regarding insurance and indemnification requirements. Consult with City staff
regarding same. Research regarding smoke/fire nuisance/recreational fire issues.
Consult with City staff regarding same. E-mail City staff regarding free speech
sign issue and sign code review issues. Matters are presently pending.
MU125-65: Licensing Matters. Review and prepare revisions to charitable gambling
ordinance. Consult with City staff regarding same. Review and prepare revisions
to the peddlers, solicitors, transient merchant ordinance. Consult with City staff
regarding same. Matters are presently pending.
MU210-26: The Mermaid. The closing for this matter was held Wednesday, July 22, 2009.
Waiting to receive fully-executed and recorded documents from the Closer.
Matter is presently pending.
MU210-106: General Labor Matters. Consult with City staff regarding general labor matters.
Matter is presently pending.
MU210-107: General Telecommunications Matters. Review Clearwire e-mails and provide
sample Lease to City staff regarding same. Matter is presently pending.
Mr. Jim Ericson
September 24, 2009
Page 2
357542v2 SJR MU125-11
MU210-156: Noel David Collis. Review litigation materials from Joe Flynn. Matter has been
tendered to the League. Matter is presently pending.
MU210-161: 5117 Rainbow. Review recent correspondence concerning matter. Matter has
been tendered to the League. Matter is presently pending.
MU210-178: Trail Project Along County Road 10. Review contracts and insurance documents
regarding project. Consult with contractor, contractor’s insurance carrier, City
staff and City’s insurance carrier regarding insurance requirements. Matter is
presently pending.
SJR:jms
Item No: 7A & 7B
Meeting Date: September 28, 2009
Type of Business: Public Hearing
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing: Second Reading and Adoption of
Ordinances 828 and 832 (ROLL CALL VOTE)
Introduction:
Community Development staff has been working on several city code amendments. The
City Council held the First Reading and Introduction on Monday, September 14, 2009. At
that time, Councilmember Stigney and Mayor Flaherty requested that additional language
about roof styles be added for the second reading of Ordinance 828. Staff has drafted
language based on these discussions – this change is shown in green.
Discussion:
The Planning Commission and City Council has reviewed the following code amendments.
Staff recommends that the City Council hold the second reading and adopt 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 second reading and adoption of Ordinances 828 and 832. Staff also
recommends the Council consent to the publication of a summary for each of the
ordinances as authorized by City Charter section 3.07.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments
1. Ordinance 828 and summary
2. Ordinance 832 and summary
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, but no steeper than 12-12. Rounded, dome or geodesic dome roofs are
not allowed on accessory buildings. 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 SUMMARY
ORDINANCE NO. 828
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
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
On September 28, 2009, the Mounds View City Council adopted an ordinance amending the
zoning code about the definition of building height and about various code provisions regarding
accessory building height, building separation distance, materials and roof and exterior design.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
ORDINANCE 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)
ORDINANCE SUMMARY
ORDINANCE NO. 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
On September 28, 2009, the Mounds View City Council adopted an ordinance amending the
zoning code to allow child and adult daycare centers in public or semi-public buildings in R-1
zoning districts.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator