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HomeMy WebLinkAboutAgenda Packets - 2007/04/23 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 23, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes and sign in on the sign-in sheet located on the podium. A. Report on Pinewood School Parking 6. SPECIAL ORDER OF BUSINESS A. Resolution 7074 Proclaiming April 24, 2007 as Arbor Day 7. COUNCIL BUSINESS A. 7:05 PM Public Hearing to Consider Resolution 7059, a Resolution Approving an Interim Use Permit (IUP) Application for a Billboard on Outlot A, Sysco Second Addition B. 7:10 PM Public Hearing to Consider the Second Reading of Ordinance 788 Approving Amendments to Chapters 1102 & 1113 of the Mounds View Zoning Code to define Neighborhood Motor Fuel Station and allow a Neighborhood Motor Fuel Station as a conditional use in a B-2 zoning district. C. Resolution 7070, Approving the Replacement of an Outdoor Warning Siren. D. Resolution 7071 Consideration of the Suspension of a Multiple Dwelling License for 7750 Silver Lake Road. E. Resolution 7075 Recognizing Woodlawn Terrace For Level C Certification in the Mounds View Multiple Dwelling Licensing Program F. Resolution 7076 Recognizing Scotland Green, Sands and Silverwood Apartments For Level B Certification in the Mounds View Multiple Dwelling Licensing Program G. Consider Resolution 7057, approving a Development Review for an 11,000 square foot manufacturing/production building at Central Sandblasting, 2299 County Road H. H. First Reading and Introduction of Ordinance 786, an Ordinance Amending Chapter 1010 of the Mounds View Municipal Code Relating to Wetlands Protection I. Resolution 7073 Approving Hiring William Hanggi as a Part-time Seasonal Employee and Setting a Wage for Returning Seasonal Employees in Public Works J. Resolution 7051 Approving Full-time Cable Coordinator Position and Advertisement for Hire April 23, 2007 City Council Meeting Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for Monday, May 14, 2007 at 705pm to Consider an On- Sale Intoxicating Liquor License for Totino’s Restaurant located at 2535 County Road 10 in Mounds View. C. Schedule a Public Hearing for Tuesday, May 29, at 7:05pm to consider the First Reading and Introduction of Ordinance 791 Adopting a Five Year Financial Plan for 2008 thru 2012. D. Resolution 7072 Authorizing the Preparation of a Joint Powers Agreement and Setting a Public Improvement Hearing Date for the 2007 Seal Coat Project. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. The March 23, 2007 and April 9, 2007 Minutes will be approved at the May 14, 2007 City Council Meeting. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, May 7, 2007 @7pm Next Council Meeting: Monday, May 14, 2007 @7pm Item 6A RESOLUTION 7074 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA PROCLAIMING April 24, 2007 AS “ARBOR DAY” WHEREAS, the City of Mounds View has been recognized for consecutive years as Tree City USA by the National Arbor Day Foundation for its efforts in urban forestry; and WHEREAS, trees in our City beautify our surroundings, shade our parks and residences, increase property values and enhance the economic vitality of business areas, and WHEREAS , boy scouts and citizens will be planting trees at Random Park. NOW, THEREFORE, BE IT RESOLVED that April 24, 2007 be declared Arbor Day in Mounds View and public-spirited and foresighted citizens be called upon to assist in the planting of trees now for the use and enjoyment of present and future generations. Adopted this 23rd day of April, 2007 (SEAL) ___________________________________ Rob Marty, Mayor (ATTEST): ___________________________________ Kurt Ulrich, Clerk/Administrator Item No: 7B Meeting Date: April 23, 2007 Type of Business: Public Hearing City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing to Consider the Second Reading of Ordinance 788, Approving Amendments to the Mounds View Zoning Code: Chapter 1102 Amendment to Define “Neighborhood Motor Fuel Station” and Chapter 1113 Amendment to allow a “Neighborhood Motor Fuel Station” as a conditional use in a B-2 District. Currently the zoning code only has one definition of a motor fuel station, regardless of size. The Planning Commission felt that “The Station” could be defined as a neighborhood gas station and allowed to operate in less than a B-3 zoning district. Staff discussed this proposal at the March 21st Planning Commission meeting, and the Commission indicated they were supportive of this proposal and recommended approval with a unanimous vote on April 4, 2007. Staff is proposing that the Mounds View Zoning Code be amended to define a “Neighborhood Motor Fuel Station” and to allow a smaller gas station in a B-2 zoning district as a conditional use. Staff has drafted a definition for a Neighborhood Motor Fuel Station and the proposed addition to the B-2 zoning code, Chapter 1113, allowing a Neighborhood Motor Fuel Station to be allowed as a conditional use. The City Attorney has reviewed this proposal and indicates this is a satisfactory option rather than rezoning and amending the Comp Plan to a higher intensity use. Discussion Staff presented the First Reading of this Ordinance at the April 9, 2007. No changes were requested during the First Reading presentation. Attached is Ordinance 788, to be considered for a Second Reading and Adoption. This Second Reading requires a Public Hearing, and notice of public hearing was published in the Mounds View/New Brighton bulletin. If adopted, a summary of this Ordinance will be published in the Mounds View/New Brighton Bulletin, and will take effect 30 days from date of publication. Recommendation Open the public hearing and consider all testimony from residents and other interested parties. Staff recommends Council defer action until the May 14, 2007 City Council meeting. Respectfully submitted by, Heidi Heller Planning Associate ORDINANCE NO. 788 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AMENDMENTS TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “NEIGHBORHOOD MOTOR FUEL STATION” AND CHAPTER 1113 TO ADD A NEIGHBORHOOD MOTOR FUEL STATION AS A CONDITIONAL USE IN A B-2 ZONING DISTRICT 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 of the Mounds View Zoning Code be amended by defining a Neighborhood Motor Fuel Station as follows: “NEIGHBORHOOD MOTOR FUEL STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps.” SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Planning Commission, has hereby determined that Chapter 1113 of the Mounds View Zoning Code be amended by adding a Neighborhood Motor Fuel Station as a conditional use in a B-2 zoning district as follows: Chapter 1113.04: Conditional Uses: Subd. 8. Neighborhood Motor Fuel Station; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. There shall be a maximum of four motor fuel dispensing pumps on the site. c. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Ordinance 788 Page 2 e. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code 1 . p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. 1 See Chapter 1008 of this Code. Ordinance 788 Page 3 r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. SECTION 3. 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 9th day of April, 2007. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 14th day of May, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 7G Meeting Date: April 23, 2007 Type of Business: Action City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Development Review for an additional building at Central Sandblasting, 2299 County Road H; Planning Case DE2007-002 Introduction: Central Sandblasting, represented by Matt Herbst, located at 2299 County Road H, is requesting a development review for a new approximately 11,000 square foot building to be built on the west side of their property. This expansion would increase the total building square footage by approximately 60 percent. Central Sandblasting and Herbst & Sons Construction Company both operate at this site and are owned and operated by the Herbst family. This expansion would help the company continue to be competitive in their market and be able to handle more projects at one time. Discussion: The Central Sandblasting property is 2.87 acres and zoned I-1, Industrial. They do abrasive blasting and specialize in the application of protective coatings and industrial coatings for structural steel. They have been in business since 1967, and in the same Mounds View location since 1973. They currently have about 25 employees on two shifts, and plan to add another five to six employees with this expansion. The new building would be similar steel construction as their current building. They have recently been working to clean up the yard space and will continue to do so in preparation for construction. Parking According to the City’s parking code requirements, a manufacturing facility would be required to provide parking according to the following schedule: At least eight spaces plus one space for each two employees on each shift based on maximum planned employment or, at a minimum, at least eight spaces plus one space for each five hundred square feet of floor space. Using the building square footage, the current building size requires 45 parking spaces, and with the expansion, this number would increase to 67 spaces. The property is almost entirely either a gravel or asphalt surface, which allows an ample amount of available parking space. There are a few designated parking spaces in the front of the current building, and the rest of the yard area is surfaced primarily with gravel. Most employees park inside the fenced yard area facing County Road H. The new building will have some additional asphalt around it, with several additional designated parking spaces in the front. Staff is confident that the site can support the building expansion in regards to parking, since parking is available almost anywhere on the site. Central Sandblasting Staff Report April 23, 2007 Page 2 Setbacks Setback requirements for this property are as follows: front: 40 feet, side: 20 feet, rear: 40 feet, front parking area: 40 feet, side and rear parking area/driveway: 5 feet. The site plan shows that all required setbacks would be met. There is currently a 30 foot easement along the west property line. They are proposing to install a driveway over this easement which has been approved by the public works department, on the condition that the applicant is aware that the City is not responsible for repairs or replacement if for some reason this easement would need to be accessed by the City. Grading and Drainage Central Sandblasting has submitted an application to Rice Creek Watershed District for this expansion, along with grading and drainage plans. The City’s Public Works department has also reviewed these plans. Rice Creek Watershed District has given conditional approval for the project, and the applicant’s engineer will incorporate their changes with the one request from Mounds View Public Works. In 2001, the City built a regional storm water pond on the property directly west of Central Sandblasting. At that time, Central Sandblasting opted to “buy in” to this pond, which has the capacity to meet the Rice Creek Watershed Districts surface water management requirements should they ever decide to expand or redevelop their property. Central Sandblasting still needs to get the water off of their property and into this pond, which is what the current grading and drainage plans are addressing. Summary: Central Sandblasting is requesting development review approval to construct an additional 11,000 square foot building on their property at 2299 County Road H. Such an expansion would bring additional tax base to the community, and the availability of more space would allow Central Sandblasting to increase the capabilities of their business. They also plan to move all of their office space into the new building. Deadline for Action: This application was accepted on March 21, 2007 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action for this request is May 20, 2007. Planning Commission Action: On Wednesday, April 18, 2007, the Planning Commission voted unanimously 6-0 (Miller absent) to recommend approval of this development review. Central Sandblasting Staff Report April 23, 2007 Page 3 Recommendation: Review and consider attached Resolution 7057, which approves the plans submitted by Mr. Herbst proposing a new 11,000 square foot building on the west side of the property. ________________________________ Heidi Heller Planning Associate Attachments 1. Planning Application 2. Zoning Map 3. Site Plans 4. Building Elevation drawing 5. Aerial Views 6. Photographic Documentation 7. Planning Commission Resolution 865-07 8. Resolution 7057 Zoning Map Site Plan Existing building New building New Driveway Building Elevation Aerial View Mounds View Business Park Colonial Craft Met Council Regional Treatment Facility Central Sandblasting County Road H Edgewood School Abbey Carpet bldg The Mermaid Ramsey County Parks property Townsedge Manufactured Home Park Aerial View Existing building N New building approximate size/location Regional Storm Water Pond County Road H Photographic Documentation West side of building North side of building West side of property – yard area New building location Front of Central Sandblasting Neighboring business MOUNDS VIEW PLANNING COMMISSION RESOLUTION 865-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW FOR AN ADDITIONAL 11,000 SQUARE FOOT BUILDING AT 2299 COUNTY ROAD H; MOUNDS VIEW PLANNING CASE DE2007-002 WHEREAS, Central Sandblasting, located at 2299 County Road H, plans to construct an additional 11,000 square foot single story building on their property; and, WHEREAS, the lot in question is zoned I-1, Industrial; and, WHEREAS, the subject parcel is legally described as: Herbst Enterprises subject to easements, Lot 3, Block 1, Ramsey County, Minnesota, WHEREAS, Chapter 1006 of the Mounds View City Code requires all new commercial development to be reviewed by the Planning Commission for consistency with all codes, regulations and requirements; and, WHEREAS, the Planning Commission has reviewed the following documents relative to this request: 1. Staff Report 2. Planning Application 3. Zoning Map 4. Site Plans 5. Aerial View 6. Photographic Documentation NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission has reviewed the request for a new 11,000 square foot building for Central Sandblasting and recommends approval subject to the following conditions: 1. The applicant shall install asphalt and sod, and landscape all disturbed areas and replace trees at a 1:1 ratio no later than 60 days beyond issuance of the Certificate of Occupancy, weather permitting. 2. The applicant shall submit an acceptable grading and drainage plan to the City prior to building permits being issued. 3. The applicant shall obtain a permit from Rice Creek Watershed District. Resolution 865-07 Page 2 BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 18th day of April, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson Community Development Director (SEAL) MOUNDS VIEW CITY COUNCIL RESOLUTION 7057 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DEVELOPMENT REVIEW FOR AN 11,000 SQUARE FOOT BUILDING FOR CENTRAL SANDBLASTING; MOUNDS VIEW PLANNING CASE DE2007-002 WHEREAS, Central Sandblasting, currently located at 2299 County Road H, plans to construct an 11,000 square foot building on their property; and, WHEREAS, the lot in question is zoned I-1, Industrial; and, WHEREAS, the subject parcel is legally described as: Mounds View Business Park Herbst Enterprises subject to easements, Lot 3, Block 1, Ramsey County, Minnesota, WHEREAS, the City Council has reviewed the applicant’s request for a development review and has determined that it is in conformance with all codes, regulations and requirements; and, WHEREAS, the Planning Commission supported the request by adopting Resolution 865-07 on April 18, 2007, which recommends approval of the expansion plan: NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the development review of 2299 County Road H, Central Sandblasting, subject to the following condition: 1. The applicant shall install sod and landscape all disturbed areas and replace trees at a 1:1 ratio no later than 60 days beyond issuance of the Certificate of Occupancy, weather permitting. 2. The applicant shall submit an acceptable grading and drainage plan to the City prior to building permits being issued. 3. The applicant shall obtain a permit from Rice Creek Watershed District. Resolution 7057 Page 2 Adopted this 23rd day of April, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk/Administrator (SEAL) Item No: 7H Meeting Date: April 23, 2007 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: First Reading and Introduction of Ordinance 786, an Ordinance Amending Chapter 1010, Wetland Zoning Code Introduction: Staff asked Kennedy & Graven to review the City’s Wetland Zoning Ordinance (Chapter 1010) in light of recent issues relating to normal maintenance within a buffer area and work conducted by or at the request of the City within the buffer and also to strengthen the violations provisions when work is conducted contrary to the code allowances. Staff presented some of these changes to the Council at the March 5 worksession; the only change to the proposed ordinance since then is the language added to Section 1010.14 pertaining to violations. Discussion: Presently the Code is not clear with respect to whether property owners within a buffer (within 100 feet of a wetland) need to apply for a permit to conduct normal ongoing maintenance in their yard. The original intent of the ordinance, we assume, was not to require a permit be issued anytime a home owner wanted to remove vegetation from the maintained area of their lawn and Ordinance 786 helps clarify this. The second issue addressed by the attached ordinance is to exempt the City of Mounds View or agents working on its behalf from needing to obtain a wetland buffer or alteration permit when doing municipal work near or within a wetland. An example of such an exemption would have been the Silver Lake Road trailway (which did receive a RCWD permit) and the upcoming trailway work on the south side of County Road 10 between Silver Lake Road and County Road I. The final amendment contemplated by Ordinance 786 is to further emphasize the consequences of violations to the ordinance. All of the proposed amendments have been suggested and reviewed by the city attorney’s office. Recommendation: Staff and the City Attorney recommend approval of the attached Ordinance 786 which provides some clarity pertaining to activities exempt from needing a permit and strengthens the section which addresses violations. The entirety of Chapter 1010 is also attached for the Council’s reference. Respectfully submitted, ________________________ James Ericson Community Development Director ORDINANCE NO. 786 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1010 (WETLANDS ZONING REGULATIONS) OF THE MOUNDS VIEW MUNICIPAL CODE PERTAINING TO EXCEPTIONS TO PERMIT REQUIREMENTS AND VIOLATIONS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 1010.08, Subdivision 3 of the Mounds View Municipal Code is hereby amended by the addition of the bold and underlined language and by the deletion of the bold and stricken language as follows: Subd. 3. Exceptions to Permit Requirements a. Emergencies: Upon the declaration of an emergency by the City, emergency work necessary to preserve life or property shall be permitted in a wetland zoning district. b. Repairs: Upon application and approval by the City Council, a person my repair or maintain any lawful use of land existing on the effective date hereof. c. Recreation Areas or Parks: Notwithstanding any other provision of this Code to the contrary, a person my develop a municipally-owned recreation area or park facility on City- owned lands which will involve the development within a wetland zoning district as part of an integrated plan, comprising not less than seventy-five (75) acres, where such development would reasonably conserve, preserve and enhance the environment by providing facilities that would protect the public health, safety and welfare. d. City or City Agent Work: When the City or agents working on behalf of the City are engaged in or otherwise undertaking activities requiring permits, as provided for in subdivision 1 of this Section, the City or its agents shall not be required to obtain any of the Permits provided in subdivision 2 of this Section. e. Public Nuisance Abatement: Ordinary, normal, and reasonable maintenance activities undertaken by owners of private and public properties located within a Wetland Zoning District shall not require a Wetland Alteration Permit or a Wetland Buffer Permit so long as this maintenance is in keeping with the purposes described in the Section 1010.02, subdivision 2, of these Wetland Zoning regulations. Examples of ordinary, normal, and reasonable property maintenance that is in keeping with the purposes of the Wetland Zoning regulations include, but are not limited to, chemical- free buckthorn removal and lawn care. Ord. 786 Page 2 SECTION 2. Section 1010.14 of the Mounds View Municipal Code is hereby amended by the addition of the bold and underlined language as follows: 1010.14: Violations and Penalties Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. Each day during which said violation exists is a separate offense. Any violation of this Chapter is a public nuisance and may be enjoined by civil action. Costs of any civil action of any civil enforcement shall be assessed against the property so enjoined. Any person who, in violation of this Chapter, alters, changes or modifies any wetlands shall restore such wetlands to their original condition. Whenever any alteration, change or modification of any wetlands is being done contrary to the provisions of this Chapter, the City may order the alteration, change or modification of any wetlands stopped by notice, in writing, served on any persons engaged in doing or causing such alteration, change or modification of any wetlands, and any such person shall forthwith stop such alteration, change or modification until authorized by the City to proceed. SECTION 3. This ordinance takes effect thirty (30) days after its publication. First read and introduced by the City Council of the City of Mounds View on this 23rd day of April, 2007. Second reading and adoption by the City Council of the City of Mounds View on this 14th day of May, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) 1010.01 1010.02 (Rev. 8/97) CHAPTER 1010 WETLANDS ZONING REGULATIONS 1 SECTION: 1010.01: Short Title 1010.02: Findings of Fact; Purpose 1010.03: Scope of Provisions 1010.04: Plan of Execution 1010.05: Definitions 1010.06: Wetland Zoning Districts 1010.07: District Regulations 1010.08: Permit Requirements and Procedures 1010.09: Appeals 1010.10: Development Density and Park Land Dedication Credit Transfers 1010.11: Municipal Land Acquisitions 1010.12: Special Assessments 1010.13: Liability for Damage 1010.14: Violations and Penalties 1010.01: SHORT TITLE: This Chapter may be cited as the WETLANDS ORDINANCE. (Ord. 505, 4-27-92) 1010.02: FINDINGS OF FACT; PURPOSE: Subd. 1. Findings: a. The Council finds that wetlands within the City, as part of the ecosystem, are critical to the present and future health, safety and general welfare of the land, animals and people within the City, as well as within the Rice Creek Watershed District, that existing and potential development within the City and Rice Creek Watershed possess increasing ecological and economic problems and demands, having the effect of potentially despoiling, polluting, accelerating the aging, eliminating or negatively and irretrievably altering both the wetlands and their functions (and the processes associated therewith) which, if managed, will constitute important physical, educational, ecological, aesthetic, recreational and economic assets for existing and future residents of the community and the Rice Creek Watershed District. The City Council has in mind its statutory obligation to comply with Chapters 104, 105 and 112 1 See Chapter 1301 for flood plain zoning and Chapter 1302 for surface water management regulations. 1010.02 1010.02 of Minnesota State Law, the regulations of Rice Creek Watershed District, Regulations of the Department of Natural Resources, including provisions for protected waters, Public Law 92.500 (Federal Water Pollution Control Act), open space policies of the Metropolitan Council and its guidelines encouraging protection and enhancement of marshes, wetlands in the flood plain area and the public interest in preventing irreparable destruction or deterioration of valuable natural resources. b. The public interest necessitates sound land use development, as land is a limited and irreplaceable resource, and the land within the Municipality is a resource to be developed in a manner which will result in minimum damage to the quality of life, property, threat to health and reduction of private/public economic loss caused by drainage problems. Subd. 2. Purposes: Therefore, recognizing the obligation to protect these assets and natural resource gifts from destruction or deterioration and pollution of all kinds, the purposes of this Chapter are: a. To preserve wetlands in as natural a state as possible; b. To serve as natural retention and detention areas for surface waters; c. To regulate the use of areas adjacent to the wetlands in order to protect and enhance the natural function of the wetlands; d. To provide for the protection, preservation, proper maintenance, use and enhancement of wetland zoning districts; e. To minimize the disturbance to them and to prevent or minimize damage from excessive sedimentation, eutrophication or pollution; f. To prevent loss of aquatic organisms, wildlife and vegetation or the habitats of the same; g. To provide for the protection of surface and ground water supplies from the danger of drought, overdraft, pollution or mismanagement; h. To secure safety from floods; i. To reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; j. To prevent loss of life, property damage and the losses and risks associated with flood conditions; k. To reduce erosion problems; l. To enhance and preserve quality; and m. To enhance and preserve the natural drainageways. (Ord. 505, 4-27-92) 1010.03 1010.05 1010.03: SCOPE OF PROVISIONS: The wetland zoning district shall overlay the zoning districts established pursuant to Title 1100 of this Code so that any parcel of land lying in a wetland zoning district shall also lie in one or more of the established zoning districts. Lands lying within a wetland zoning district shall be subject to the requirements established by other applicable ordinances and regulations of the City. Within each wetland zoning district, all uses shall be permitted in accordance with the regulations for the underlying zoning district; provided, however, that such uses must also satisfy the additional requirements established in this Chapter. (Ord. 505, 4-27-92) 1010.04: PLAN OF EXECUTION: It is the intent of the City to effectuate the purposes of this Chapter through the following means: Subd. 1. Adopt a map designating the wetlands protected by this Chapter. Subd. 2. Promote community education about the importance, function, limitations and impact of urbanization upon the water resources of the community. Subd. 3. To preserve and enhance of wetlands within the community through implementation of development regulations that will ensure the design and construction of adequate on-site storm water, sedimentation and retention and detention basins, flow control devices and implementation of effective erosion control techniques. Subd. 4. To apply techniques such as density transfers to development proposals in order to minimize ratios of impermeable surface to open space. Subd. 5. To establish means by which certain wetlands may be placed in the public domain for purposes of enhancement, preservation, protection and maintenance. Subd. 6. To provide means by which an applicant and the City will routinely obtain advice and input from various governmental agencies and professionals in the field of fresh water biology, hydrology and civil engineering. Subd. 7. To establish a system of permits and enforcement to effectuate the intent of this Chapter. (Ord. 505, 4-27-92) 1010.05: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: Subd. 1. ALTERATION: Any change, addition or modification. Subd. 2. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. Subd. 3. DEVELOPMENT: The construction, installation or alteration of any structure, the extraction, clearing or other alteration of land or terrestrial or aquatic vegetation or the course, current or cross-section of any water body or watercourse or the subdivision of land into parcels pursuant to Title 1200 of the Municipal Code. 1010.05 1010.05 Subd. 4. DIMENSIONAL REQUIREMENTS: A minimum/maximum setback yard requirements or structure height or size established in Titles 1100 and 1200 of the Municipal Code. Subd. 5. DRAINAGEWAY: a. Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff, calculated in accordance with provisions in the Local Water Management Plan 2, from a storm event having a recurrence interval of once in ten (10) years. b. An altered watercourse is that which has been affected by man-made changes in straightening, deepening, narrowing or widening the original channel. c. An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area which would be inundated by runoff, calculated in accordance with provisions in the Local Water Management Plan 3, from a storm event having a recurrence interval of once in ten (10) years. Subd. 6. ENHANCE/ENHANCEMENT: To heighten the value of Mounds View wetlands with respect to the purposes of this Chapter. Subd. 7. LOCAL WATER MANAGEMENT PLAN: A Local Water Management Plan, dated February 12, 1990 4, has been prepared for the City in accordance with Minnesota Statutes 103B.201 to 103B.255. The Plan identifies the goals and policies of the City in providing for future development while minimizing surface water problems. Subd. 8. MANAGED: To control the use of Mounds View's wetland resources in a manner which is consistent with the purposes of this Chapter. Management of wetlands includes conservation maintenance and enhancement. Subd. 9. PERMIT: An official document or certificate issued by the City authorizing performance of a specified activity. Subd. 10. PERSON: Any individual, firm, corporation, partnership, association or other private or governmental entity. Subd. 11. STRUCTURE: That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. 2 See Chapter 1302 of this Code. 3 See Chapter 1302 of this Code. 4 See Chapter 1302 of this Code. 1010.05 1010.06 Subd. 12. WATER QUALITY: The degree of excellence of water, including but not limited to phosphorus concentrations, sediment load and concentration of metals. Subd. 13. WETLAND: Those areas greater than one acre in size that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support hydrophytic vegetation, hydric soils and wetland hydrology, as delineated on the Wetland Zoning District Map. Subd. 14. WETLAND BUFFER AREA: Areas abutting and within one hundred feet (100'), measured horizontally, of a wetland. Subd. 15. WETLAND DRAINAGE DISTRICT: That area tributary to the wetland zoning district as delineated on the Wetland Zoning District Map. Subd. 16. WETLAND ZONING DISTRICT: The areas delineated on the Wetland Zoning District Map which include the wetlands and wetland buffer areas. (Ord. 505, 4-27-92) 1010.06: WETLAND ZONING DISTRICTS: Subd. 1. Application of Provisions: This Chapter shall apply to wetland zoning districts which are specifically identified on the zoning map entitled, Wetland Zoning District Map, an official copy of which shall be on file in the office of the Clerk-Administrator and shall be available for inspection and copying upon the terms and conditions as established by the City. Subd. 2. Modification of District: A wetland zoning district may be modified or eliminated by four-fifths (4/5) affirmative vote of the Council after public hearing and notice as set forth in Title 1100 of this Code. Wetland zoning districts may not be eliminated unless it can be shown that the original designation is in error or that conditions have changed. When modifying or removing a wetland zoning district, the Council shall use the criteria and methods established in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January, 1989, as amended from time to time. Subd. 3. Map Established: Pursuant to subdivision 1 hereof, the wetland zoning districts delineated in the referenced Wetland Zoning District Map are hereby established. Subd. 4. Legal Descriptions: Pursuant to subdivision 1 hereof, the properties described in Appendix A to Ordinance 505, on file in the office of the Clerk-Administrator, are hereby designated as wetlands. Subd. 5. Districts Established: The wetland zoning districts designated in subdivisions 3 and 4 above are hereby established as wetland zoning districts for the Municipality. (Ord. 505, 4-27-92) 1010.07 1010.07 (Rev. 8/97) 1010.07: DISTRICT REGULATIONS: Subd. 1. Required Permits: A wetland alteration permit or a wetland buffer permit shall be required for any development in a wetland zoning district as provided in Section 1010.08, subdivision 2. (Ord. 602, 8-25-97) Subd. 2. Dedication of Lands: Whenever a wetland or drainageway is located on lands that are being subdivided, the subdivider shall dedicate such wetland and/or drainageway to the public as allowed per Minnesota Statutes, Chapter 462 and shall dedicate an easement to the public as required for purposes of improving, maintaining or protecting the area for drainage, water quality enhancement or other purposes expressed in this Chapter. Subd. 3. Subdivision Regulations: Notwithstanding the provisions of Title 1100 of this Code, the following shall apply to all lands proposed to be subdivided pursuant to Title 1200 of this Code and lying within a wetland zoning district: a. Rationale for Density Standards: The following regulations are required to control the density of development in wetland zoning districts. The purpose of controlling development density is to reduce the financial burdens imposed on the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding, to minimize loss of life, property damage and the losses and risks associated with flood conditions and to minimize the detrimental effects of urbanization on the wildlife habitat, water quality enhancement, recreational and aesthetic values of wetlands. (1) Minimum Lot Size: Twenty thousand (20,000) square feet. (2) Minimum Lot Width: One hundred twenty five feet (125') as measured at the building setback line. (3) Building Setback: (a) All buildings, including accessory buildings, as defined in Title 1100 of this Code, shall be set back at least one hundred feet (100') from the wetland, except as allowed by an approved wetland alteration permit or approved wetland buffer permit as provided in Section 1010.08. (Ord. 602, 8-25-97) Subd. 4. Existing Nonconforming Buildings and Parcels: Any building or structure situated on an existing parcel of record, as of the original date of enactment of this Chapter, that does not meet the requirements of this Chapter shall be considered nonconforming pursuant to the provisions of Chapter 1123 of this Code and will require a variance from the Council to build or rebuild. a. Nonconforming Parcels: A nonconforming parcel shall exist: (1) Where any portion of the parcel is contained in a wetlands district; or 1010.07 1010.08 (Rev. 8/97) (2) Where twenty percent (20%) of a parcel or at least two thousand (2,000) square feet of the parcel, whichever is less, shall be contained within the wetland buffer area. b. Nonconforming Buildings: A nonconforming building shall exist: (1) Where it does not meet building or structure setback requirements. (2) Where it does not meet floor elevation requirements. (Ord. 505, 4-27-92) 1010.08: PERMIT REQUIREMENTS AND PROCEDURES: Subd. 1. Activities Requiring Permits: The following activities in or upon a wetland zoning district shall require either a wetland alteration permit or a wetland buffer permit, as provided in Section 1010.08, subdivision 2. (Ord. 602, 8-25-97) a. The digging, dredging, filling, draining or in any way altering or removing any material from a wetland. b. The alteration of vegetation within the wetland or the destruction of vegetation within the wetland zoning district, except to abate a public nuisance. c. The construction, alteration or removal of any structure. d. The altering of any embankment or ponding area or the changing of the flow of water or ponding capacity. e. The storing of materials which would interfere with the flow of water and/or ponding capacity. f. Disposing of waste materials, including but not limited to demolition debris and yard waste. g. Installation or maintenance of essential services. Subd. 2. Types of Permits Required: The following permits shall be required for any development in a wetland zoning district. (Ord. 602, 8-25-97) a. Wetland Alteration Permit: No development shall be allowed within that portion of a wetland zoning district which is delineated as a wetland on the Wetland Zoning District Map without first having obtained a wetland alteration permit from the City as provided for in this Section 1010.08. (Ord. 602, 8-25-97) b. Wetland Buffer Permit: No development shall be allowed in the area defined as the wetland buffer area as shown on the Wetland Zoning District Map without first having obtained a wetland buffer permit from the City as provided for in this Section 1010.08. (Ord. 602, 8-25- 97) 1010.08 1010.08 (Rev. 8/97) c. Development Overlapping Wetland and Wetland Buffer Area; Authority for Approval with Combinations of Activities Having Different Approval Authorities: Where a proposed development includes area in both the wetland and wetland buffer area, the applicant shall only be required to apply for a wetland alteration permit which shall cover the entire development area. Where a proposed development includes activities subject to City Council approval, and activities subject to administrative approval, the permit shall cover all activities and shall be reviewed and approved by the City Council. (Ord. 602, 8-25-97) Subd. 3. Exceptions to Permit Requirements: a. Emergencies: Upon the declaration of an emergency by the City, emergency work necessary to preserve life or property shall be permitted in a wetland zoning district. b. Repairs: Upon application and approval by the City Council, a person may repair or maintain any lawful use of land existing on the effective date hereof. c. Recreation Areas or Parks: Notwithstanding any other provision of this Code to the contrary, a person may develop a Municipally-owned recreation area or park facility on City-owned lands which will involve the development within a wetland zoning district as part of an integrated plan, comprising not less than seventy five (75) acres, where such development would reasonably conserve, preserve and enhance the environment by providing facilities that would protect the public health, safety and welfare. Subd. 4. Standards for Approval of Permits: No permit shall be issued unless the City finds and determines that the proposed development complies with the standards as stated in this subdivision 4. Approval of either a wetland alteration permit or wetland buffer permit shall constitute approval of a variance to the requirements of this Chapter 1010. (Ord. 602, 8-25-97) a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum alteration of a wetland may be allowed when necessary for the use of property but only when it will not have a substantially or significantly adverse effect, as determined by the City, upon the ecological and hydrological characteristics of the wetland. However, in no case shall the restrictions set out below in Section 1010.08, subdivision 3a(1) - (6) be exceeded. Since the extent of alteration which can be permitted is limited, the City, when considering a permit application, shall consider equal apportionment of alteration opportunity. The alteration opportunity within the wetland shall be allocated among property owners in proportion to the area of wetland located within each property. (Ord. 602, 8-25-97) (1) Any alteration shall not cause a reduction in the flood storage capacity of the wetland. Flood storage capacity shall be determined by analysis of the runoff from the entire developed wetland drainage district resulting from both the two (2) year and one hundred (100) year frequency, twenty four (24)hour SCS Type I distribution storms. (2) An alteration shall not reduce the existing water quality enhancement value of a wetland under conditions of ultimate development, during both the two (2)year and one hundred (100) year frequency, twenty four (24) hour SCS Type I distribution storms. Water quality enhancement value of a wetland shall be determined using methods approved by the City. 1010.08 1010.08 (Rev. 8/97) (3) Any alteration shall not reduce the existing wildlife habitat value of a wetland as measured using methods approved by the City. (4) Alterations shall be carried out so as to minimize the impact on vegetation. Removal of vegetation within a wetland zoning district shall be permitted only when reasonably required for the placement of structures and use of property. (Ord. 602, 8-25-97) (5) Alterations shall not adversely affect the water flow characteristics within the wetland as determined by the City. (6) Storm water runoff from a development may be directed to the wetland when in conformance with the Local Water Management Plan 5 and only when substantially, as determined by the Council, free of sediment, debris and chemical pollutants and only at rates which will not substantially disturb vegetation or increase turbidity as determined by the City. (7) The proposed action shall not cause storm water runoff from the development to take place at a rate which would exceed the rate or volume of runoff as anticipated by the City's Local Water Management Plan 6. (8) The quality of water infiltrated to the water table or aquifer shall remain substantially, as determined by the City, unchanged by the alteration of the site. (9) No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located closer than one hundred feet (100') from the wetland. All on-land or in-ground sewage disposal systems shall meet criteria set out in Minnesota Rule 6, MCAR 4.8040, Individual Sewage Treatment System Standard. (10) Waste which would normally be disposed of at a solid or hazardous waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be, directly or indirectly, discharged to a wetland. b. Soil Conditions; Control of Erosion: (1) Construction erosion control measures and retention facilities shall be designed to limit soil loss from the development site to not more than five (5) tons per acre per year. Plans and supporting documentation for such measures and facilities shall be developed and approved by the City prior to commencement of construction. (2) The applicant for the wetland alteration permit shall be required to demonstrate that, after the development is completed, the conditions on the site will be stabilized such that the yearly soil loss from the site will not be greater than five-tenths (0.5) ton per acre per year. 5 See Chapter 1302 of this Code. 6 See Chapter 1302 of this Code. 1010.08 1010.08 (Rev. 8/97) (3) Sediment and soil loss shall be determined utilizing the Universal Soil Loss Equation as defined by the U.S. Department of Agriculture Soil Conservation Service Technical Field Guide, as amended from time to time, as provided for Ramsey Soil and Water Conservation District. (4) Only fill substantially free of chemical pollutants and wastes, as determined by the City, may be used. (5) A building's minimum elevation permitted in a wetland zoning district shall be as defined in the Local Water Management Plan 7. (6) No alteration shall be allowed which will endanger the health, safety or welfare of persons or which may result in unusual road maintenance costs or utility line breakages due to soil limitations, including high frost action. c. Scheduling of Work: Work in the wetland will not be performed during the breeding season of water fowl or fish spawning season. d. Size of Area: The size of the altered area shall be limited to the minimum required for the proposed action. Subd. 5. Standards for Denial of Permits: No wetland alteration or wetland buffer permit may be granted which would allow any use that is prohibited in the zoning district in which the property is located or which will: (Ord. 602, 8-25-97) a. Result in incompatible land uses or which would be detrimental to surface and ground water resources. Ord. 602, 8-25-97) b. Increase the financial burdens imposed on the community through increasing floods and overflow of water onto land areas within this City or onto land areas adjacent to Rice Creek. (Ord. 602, 8-25-97) c. Be not in keeping with land use plans and planning objectives for the City or which will increase or cause danger to life or property. (Ord. 602, 8-25-97) d. Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and wetlands within the City. (Ord. 602, 8- 25-97) e. Include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which contributes to downstream flooding or water pollution or development of land and water areas which provide ground water recharge or development which diminishes the land or water which are necessary to carry increased flows of storm water following periods of heavy precipitation. (Ord. 602, 8-25-97) 7 See Chapter 1302 of this Code. 1010.08 1010.08 (Rev. 8/97) Subd. 6. Permit Issuing Authority: The issuing authority for wetland alteration permits shall be as set forth hereinafter: (Ord. 602, 8-25-97) a. Administrative Authority: (Ord. 602, 8-25-97) The Director of Community Development or designee shall have the authority to issue wetland alteration or wetland buffer permits which meet the standards in this Chapter for the following types of activities: (Ord. 602, 8-25-97) (1) Repair or maintenance of any lawful use of land existing on the effective date hereon. (Ord. 602, 8-25-97) (2) Public and/or private utility work on existing facilities. (Ord. 602, 8-25-97) (3) Alterations within the wetland buffer if they do not extend into or create an adverse impact the adjacent wetland as follows: (Ord. 602, 8-25-97) (a) Installation and maintenance of fences. (b) Landscaping, and impervious surfaces which surfaces do not exceed 1,264 square feet. (c) Detached garages, accessory buildings and driveways, and additions thereto which do not require a conditional use permit. (Ord. 602, 8-25-97) (d) Grading which does not adversely alter storm water storage capacity, storm water flow direction or runoff intensity. (e) Temporary structures not requiring permanent foundations or pads for support. (f) Building and structural additions to a principal building which addition does not exceed one thousand two hundred sixty four (1,264) square feet. (Ord. 602, 8-25-97) b. City Council Authority: The City Council may issue permits which meet the standards in this Chapter and are beyond the scope of the administrative authority stated in Section 1010.08, subdivision 5a are appealed to Council after having been reviewed and denied by City staff. (Ord. 602, 8-25-97) 1010.08 1010.08 (Rev. 8/97) Subd. 7. Application and Review Procedures: (Ord. 602, 8-25-97) a. Submittal Materials Required: The following drawings and exhibits may be required with a permit application, unless specific items are waived by the Director of Community Development based on the scope of the proposed development: (Ord. 602, 8-25-97) (1) The name and address of the subdivider, developer and owner or any other party of interest. (2) A legal description of the proposed site with a map showing its location with indications of private access roads and existing or proposed public roadways within and surrounding the development site. (3) A full and adequate description of all phases of the operation and/or proposed physical changes. (4) A soil survey map of the proposed development site. (5) A topographic map of the development area with contour information at two foot (2') intervals or spot elevations at two hundred foot (200') intervals and at a horizontal scale of one inch to one hundred feet (1"=100') or larger. (6) A detailed site plan of the proposal showing proposed drainage, grading and landscaping. (a) information on existing drainage and vegetation of all lands within the site and to a distance of five hundred feet (500') surrounding the site or to the wetland drainage district boundary, whichever is shorter. (b) the location of existing and future man-made features within the site and to a distance of five hundred feet (500') surrounding the site or to the wetland drainage district boundary, whichever is shorter. (Ord. 602, 8-25-97) (c) proposed drainage, grading and landscaping. (7) The time period for commencement and completion of the development, including time for staging of development, if applicable. (8) Design specification and plan for all sediment and erosion control measures as well as all grading and drainage appurtenances and practices. (9) Engineering data related to computations of existing and proposed hydrology, water quality, hydraulics and soil loss. (10) Such additional information as necessary to evaluate the permit application. 1010.08 1010.08 (Rev. 8/97) b. Processing of Application: (Ord. 602, 8-25-97) (1) The permit application shall be submitted to the City. The City shall process the permit application according to the provisions of this Section 1010.08 hereof. For permits requiring City Council action, the Community Development Department shall prepare a report and recommendation for consideration by City Council prior to the City Council taking action on the permit application. The Community Development Department or the City Council may refer the permit application to the Planning and Zoning Commission for its recommendation prior to action being taken on the permit application. (Ord. 602, 8-25-97) (2) A wetland alteration permit may be processed concurrently with any other application for use permit approval that may be required under other provisions of the Municipal Code. (Ord. 602, 8-25-97) C. Action on Permit; Conditions: (1) Compliance with standards: No wetland alteration or wetland buffer permit shall be approved except it meet the standards set forth in Section 1010.08, subdivision 4. A permit may be approved subject to conditions reasonable and necessary to ensure compliance with the aforementioned standards in subdivision 4. Such conditions may, among other matters: (Ord. 602, 8-25-97) (a) Provide for the enhancement of storm water storage, fish and wildlife habitat, and water quality enhancement functions of wetland zoning districts; (Ord. 602, 8-25-97) (b) Provide for enhancement of recreation and education opportunities in wetland zoning districts; (c) Limit the size, kind or character of the proposed work; (d) Require the construction of storm water detention facilities or other structures; (e) Require replacement of vegetation; (f) Establish required monitoring or maintenance procedures, including the payment of costs for such procedures; (g) Stage the work over time and increments of land to be developed; (h) Require the alteration of the site design to insure buffering; (i) Require posting of sufficient surety to guarantee conformance to the purposes of the permit and all laws regulating the activity; or (Ord. 602, 8-25- 97) 1010.08 1010.09 (Rev. 8/97) (j) Require the conveyance to the City of certain lands or interest therein. (2) Modification of Zoning Requirements: The dimensional requirements of the underlying zoning ordinance may be modified in furtherance of the purposes of this Chapter. (Ord. 602, 8-25-97) (3) Considerations in Granting of Approval: The City shall consider all relevant factors specified in other Sections of this Chapter, as well as the following: (Ord. 602, 8-25-97) (a) The relationship of the proposed use to the Comprehensive Plan and the impact of the proposed use on the wetlands in the surrounding area. (Ord. 602, 8-25- 97) (b) The impact of the proposed wetland alteration on the surface water storage, fish and wildlife habitat and water quality enhancement values of the wetland. (Ord. 602, 8-25-97) (4) Action by Resolution or by Written Notice: Action on permits shall be by the City Council or by the Director of Community Development, as provided in Section 1010.08, subdivision 6. A permit approval may include such terms and conditions as is deemed necessary by the approval body to protect the public health, safety and welfare and to meet the standards set forth in this Chapter 1010. For permits requiring City Council action, the City Council shall take action to approve, approve with conditions, or deny a permit application by resolution. For permits allowing action by the Director of Community Development, the director shall notify the applicant in writing of the decision on the permit. (Ord. 602, 8-25-97) Subd. 8. Expiration; Extensions and Renewals: A permittee shall begin the work authorized by the permit within ninety (90) days from the date of issuance of the permit unless otherwise set forth in the permit. The permittee shall complete the work authorized by the permit within the time limit specified on the permit which shall in no event exceed more than twelve (12) months from the date of issuance unless such time limit is extended by the approval authority. The permittee shall notify the City at least forty eight (48) hours prior to the commencement of work. Should the work not be commenced as specified herein, the permit shall become void. (Ord. 505, 4-27-92, Ord. 602, 8-25-97) 1010.09: APPEALS: An applicant may appeal the denial of a wetland alteration or wetland buffer permit by the Director of Community Development to the City Council. An appeal shall be filed in writing no more than fourteen (14) days following the date of the decision by the Community Development Director. The appeal shall be scheduled for consideration by City Council at the next regular City Council meeting which is at least seven days (7) from the date of the appeal. Consideration of appeals shall be in accordance with the standards and procedures set forth in this Chapter 1010. A decision by the City Council shall be final. (Ord. 602, 8-25-97) 1010.10 1010.13 (Rev. 8/97) 1010.10: DEVELOPMENT DENSITY AND PARK LAND DEDICATION CREDIT TRANSFERS: Subd. 1. Credit for Undevelopable Lands: When land to be developed includes wetlands, the developer thereof may receive a credit for the undevelopable portion of said wetland, either: a. Toward the dedication of land requirements under Section 1204.02 of this Code not exceeding the amount of the developable lands in the development proposal; or b. The development may be intensified so as not to exceed twice the allowable land use densities prescribed under Titles 1100 and 1200 of this Code; provided, however, that said intensified land use must be consistent with street dedication dimensions, parking requirements and screening, fencing and landscaping regulations of the City; or c. The building square footage requirements of the Municipal Code may be intensified but not to exceed five percent (5%); or d. Any combination of subdivisions la, lb and 1c above as agreed upon by developer and City, keeping in mind that the public health, safety and welfare of the community is paramount. Subd. 2. Conveyance of Lands: Upon receipt of any of the credits herein, the developer shall convey any wetlands designated by this Chapter, for which a credit has been given, to and may be accepted by the City free and clear of all encumbrances. (Ord. 505, 4-27-92) 1010.11: MUNICIPAL LAND ACQUISITIONS: The Municipality may acquire, pursuant to law, fee title or easement rights, by dedication, gift, purchase, eminent domain, tax forfeiture, leasehold estates, part or all of any wetlands or land adjacent, abutting, contiguous or affecting wetlands, for the purpose of preserving such lands and protecting the public health, safety and welfare. Charges authorized by Section 203.08 and Title 1200 of this Code or by other applicable law may be used to finance the acquisitions authorized herein. The Council may abate those taxes and assessments within wetlands as authorized by law. (Ord. 505, 4-27-92) 1010.12: SPECIAL ASSESSMENTS: The property within a designated wetland which is restricted hereby or for which a development or other restrictive easement is conveyed to the Municipality shall not be subject to future special assessments for the costs of public improvements for which such assessments are authorized pursuant to Section 203.08 of the Municipal Code. (Ord. 505, 4-27-92) 1010.13: LIABILITY FOR DAMAGE: Neither the issuance of a permit nor compliance with the conditions thereof nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the Municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this Chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. (Ord. 505, 4-27-92) 1010.14 1010.14 1010.14: VIOLATIONS AND PENALTIES: Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. Each day during which said violation exists is a separate offense. Any violation of this Chapter is a public nuisance and may be enjoined by civil action. Costs of any civil enforcement shall be assessed against the property so enjoined. Any person who, in violation of this Chapter, alters, changes or modifies any wetlands shall restore such wetlands to their original condition. (Ord. 505, 4-27-92) Item No. 7I Meeting Date: April 23, 2007 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7073 Approving the Hiring of William Hanggi as a Part-time Seasonal Employee and Setting a Wage for Returning Seasonal Employees in Public Works Background On March 26, 2007 the City Council adopted Resolution 7052 approving the 2007 Seasonal Public Works Positions. There were two issues that required additional resolution pertaining to the 2007 Seasonal Public Works Positions. Issue 1 – Advertising for Part-time Seasonal Employee, establishing the work schedule for this position (hours/days per week), length of employment, and hourly wage. Issue 2 – Establishing an hourly wage for returning seasonal employees and engineering intern. Discussion Part-time Seasonal Employee The part-time seasonal employee position was advertised. A requirement of this position is that a successful applicant would posses a Class A water license. The City received one application for this position from William Hanggi. William Hanggi formerly held the Lead Utility Worker position in the Water Division of the Public Works Department. Mr. Hanggi resigned on May 31, 2006 after being employed by the City for over 33 years. Mr. Hanggi would be available to work three days per week and would assist with activities such as hydrant flushing, training, and general assistance in the Water Division or other areas, as needed. One of the primary responsibilities of Mr. Hanggi would be to continue to train the current lead utility operator, and to train and educate the newly hired water division employee. Also, one of the goals for Public Works in 2007 is to focus on cross training of all employees. With the water division being the most technical and perhaps the most vital of the Public Works divisions, Mr. Hanggi, being a senior employee, would be a great asset and information resource for the City. Staff is recommending that the City take advantage of this possible opportunity and hire Mr. Hanggi as part-time seasonal employee at a recommended hourly rate of $XX.XX. (Hourly wage to be recommended by the Human Resources Committee and approved by City Council) (Note: When Mr. Hanggi retired in 2006, his hourly wage was $24.97) This part-time seasonal position will be established for a period no longer than six months. City Council approval will be required should Staff recommend an extension of this part-time employment. Setting a Wage for Returning Seasonals Change the Pay Rate for Returning Seasonals. In 2006, returning seasonal workers were compensated at a rate of $11.25 per hour. This is just $0.25 more than the rate for a newly hired seasonal after their first month. The value of a returning seasonal is far greater than a newly hired seasonal. As with any job, there is a learning curve. The City invests in the education and training of all seasonals. It is therefore in the City’s interest to be competitive with other employers and attract former seasonals for re-hire. Also, over the last three years the number of applicants for seasonal positions has been nearly equal to the number of positions available. This suggests that perhaps the City should consider offering a more competitive wage. Based on this information, on March 26, 2007, Staff recommended increasing the rate for 2007 to $12.50 per hour for returning seasonal employees as well as the engineering intern (an increase of $1.25 as opposed to the historical increased annual of $0.25). On March 26, 2007, the City Council requested that data be collected on wages that comparable City’s pay for returning seasonal employees. Attached is a summary page of the seasonal wage data that was collected. In early April the City advertised for the approved 2007 seasonal positions. The City received a total of thirty-seven (37) applications for the ten (10) available positions. Given the aforementioned information, Staff is recommending to establish an hourly wage for returning seasonals and the engineering intern utilizing the historical annual increase of $0.25 (2.22%). This would establish the rate at $11.50 for 2007. Recommendation: Staff recommends that the Council approve hiring William Hanggi as a part-time seasonal employee and setting a wage for returning seasonal employees in Public Works for 2007. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7073 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE HIRING OF WILLIAM HANGGI AS A PART-TIME SEASONAL EMPLOYEE AND SETTING A WAGE FOR RETURNING SEASONAL EMPLOYEES IN PUBLIC WORKS FOR 2007 WHEREAS, the part-time seasonal employee position was advertised; and WHEREAS, a requirement of this position is that a successful applicant would posses a Class A water license; and WHEREAS, the City received one application for this position from William Hanggi; and WHEREAS, Staff is recommending that the City take advantage of this opportunity and hire Mr. Hanggi as part-time seasonal employee; and WHEREAS, the City Council requested that data be collected from comparable cities on wages for returning seasonal employees; and WHEREAS, this information and recognizing the large number of applications for the 2007 seasonal positions, Staff is recommending to establish an hourly wage for returning seasonals and the engineering intern at $11.50 for 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. City Council does hereby approve hiring William Hanggi as a part- time seasonal employee in Public Works Department effective April 25, 2007 at an hourly wage of $XXX.XX (Hourly Wage to be recommended by the Human Resources Committee and approved by City Council) 2. This part-time seasonal position will be established for a period no longer than six months. City Council approval will be required should Staff recommend an extension of this part-time employment. 3. Returning seasonal workers and the engineering intern will be compensated at an hourly wage of $11.50. Adopted this 23rd day of April 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator 2007 Seasonal Pay for Comparable Cities (Return Seasonal Workers receive the higher amount pay unless noted.) City Name Pay Rate Comments Arden Hills $8-10/hr (6) Seasonals Park Dept. Mowing, grooming softball fields, trimming, trail maintenance. Monticello $8.97-11.42/hr (4) Park Dept. Seasonals Vadnais Heights $9.27-11.03/hr (8-10) Seasonals. Maintain ball fields, park facilities, public buildings, operate and maintain vehicles- equipment-power tools, perform tree planting, sodding, garbage removal and street repairs. St. Michael $10-$10.50/hr (4) Seasonals. Mowing fields, assisting the PW maintenance workers, field prep, other summer park and street work. Little Canada $9-10.05/hr (5) Seasonals in Parks, 1 Seasonal in PW. Mowing, trash removal, pot hole repair. City of Little Canada also contracts w/ Lino Lakes Prison and have a prison crew that works in the City 2 days per week/year, the cost is approx $35,000. Crew consists of guard and 5-10 inmates. Duties include brush removal, wall construction, hydrant painting, sheet rocking, painting, manhole cover replacement, whatever the Parks and PW Department have on their to do list. Hutchinson They don’t adopt a formal pay scale for seasonal employees but to compete with the local fast food establishments they generally pay between $6.50 - $10 hour. Hire the following: (15) Park Seasonals (2-3) Wastewater Maintenance (3) PW North St. Paul New: $8-8.50/hr Return: $8.50- Hire 5-10 Seasonals for the Parks and PW. Duties include mowing, 10/hr patching, ball field and park maintenance. The Cities of Buffalo, Mound and Robbinsdale did not respond. 2007 Seasonal Pay for surrounding Cities (Return Seasonal Workers receive the higher amount pay unless noted.) City Name Pay Rate Comments New Brighton $9.24-13.69/hr $9.24/11.63/hr (5) Parks Seasonals. Ball field maintenance, cleaning parks, garbage removal, mowing, painting, asst in construction of various projects, washing vehicles and equipment. (3) Forestry Seasonals. Tree and landscape mntce, mulching, watering, weeding, trimming and planting. Blaine $8-11.50/hr Parks, Streets and Utilities Coon Rapids $8.50-10/hr Gen’l maint of park grounds, storm drain cleaning, street patching, etc. Fridley $9.71-12.13/hr Mowing, painting, street repair, etc. Item No: 08A Meeting Date: April 23, 2007 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2007. 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 2006. Those companies renewing their license were licensed, at a minimum, in the year 2006. The type of license they are applying for follows the company name. Airtech Inc. HVAC/Gas Line Installer New Bituminous Roadways Inc. Asphalt Renewal Check Refrigeration Other: Refrigeration New Demar’s signs Sign Installation Renewal DJ’s Heating And Alc HVAC/Gas line Installer New Earth Wizards, Inc. Asphalt Renewal Four Seasons Air Specialist HVAC/Gas Line Installer New North Star Fence of Anoka, Inc. Fence Installation Renewal Northern Heating & Air Cond. HVAC New Robarge Excavating, Inc. Demolition New Upper Cut tree Service Tree Trimming and Removal New Watson’s of Minneapolis Inc. Other: Above ground pools New Staff Recommendation: Approve license applications as requested.