HomeMy WebLinkAboutAgenda Packets - 2007/05/14CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
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CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, May 14, 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.
6. SPECIAL ORDER OF BUSINESS
A. Mayor to read Proclamation for National Public Works Week.
B. Recognition of Property Managers Spectrum Property Management and Cedar Management Inc.
for Achieving Certification Status in the Mounds View Property Maintenance and Crime
prevention Program
7. COUNCIL BUSINESS
A. 7:05 pm Public Hearing, Consideration of Resolution 7068, Approving an On-Sale Intoxicating
Liquor License for Totino’s Italian Kitchen located at 2535 County Highway 10.
B. 7:05 pm (Continuation from the April 23, 2007 City Council Hearing) Public Hearing for the
Second Reading and Adoption of Ordinance 788 Approving Amendments to Chapters 1102 and
1113 of the Mounds View Zoning Code to Define Neighborhood Motor Fuel Station and Allow
Such as a Conditional Use within the B-2 Zoning District (ROLL CALL VOTE)
C. 7:10pm Public Hearing, Consideration of Resolution 7085, Approving the Feasibility Report,
Ordering the Project, Authorizing the Preparation of Plan and Specifications, and Approving a
Joint Powers Agreement with the City of Spring Lake Park for the 2007 Seal Coat Project
D First Reading and Introduction of Ordinance 790, an Ordinance Amending Chapter 5 of the
Mounds View City Charter. ITEM DELETED
E. Resolution 7077 Approving an Abatement of Nuisance Code Violations Associated with the
Property Located at 5232 Skiba Drive
F. Resolution 7071 Consideration of a Suspension of a Multiple Dwelling License 7750 Silver Lake
Road
G. Resolution 7051 Approving Full-time Cable Television Coordinator Position and Advertisement
for Hire
H. First Reading and Introduction of Ordinance 789, an Ordinance Amending Section 607.08 (Noise
Control Regulations) Relating to Construction Noise
I. First Reading and Introduction of Ordinance 792, an Ordinance Amending Chapter 1202
(Subdivision Plats and procedures) of the Mounds View Municipal Code
J. Second Reading and Adoption of Ordinance 786, an Ordinance Amending Chapter 1010 of the
Mounds View Municipal Code Relating to Wetlands Protection (ROLL CALL VOTE)
K. Resolution 7082 Authorizing the Advertisement to Fill the Economic Development Coordinator
Position
L. Resolution 7083 Establishing the Comprehensive Plan Taskforce
M. Resolution 7067 Approving the Purchase of a Spaulding RMV Hot Patcher/Asphalt Recycler Unit
N. Resolution 7054 Approving the Purchase of a Frost Breaker
O. Resolution 7066 Approving the Purchase of a Replacement Trim Mower for the Parks Division
City Council Meeting
May 14, 2007
Page 2
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7078 Authorizing the City Administrator to sign the Addendum to the Joint Powers
Agreement with the Southwest Cooperative Group Insurance Pool.
C. Resolution 7084 Approving a Restaurant License for Totino’s Italian Kitchen located at 2535
County Highway 10.
D. Schedule a Public Hearing for Monday, June 11, 2007 @705pm to Consider an Off Sale
Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10.
E. Schedule a Public Hearing for Monday, June 11, 2007 @710pm to Consider an Off Sale
Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2.
F. Schedule a Public Hearing for Monday, June 11, 2007 @715pm to Consider an Off Sale
Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10.
G. Schedule a Public Hearing for Monday, June 11, 2007 @720pm to Consider an On Sale Wine
and 3.2 Malt Liquor License Renewal for Taiko Sushi located at 2394 County Highway 10.
H. Schedule a Public Hearing for Monday, June 11, 2007 @725pm to Consider an On Sale
Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400
County Highway 10.
I. Schedule a Public Hearing for Monday, June 11, 2007 @730pm to Consider an On Sale
Intoxicating Liquor License Renewal for The Mermaid located at 2200 Highway 10.
J. Schedule a Public Hearing for Monday, June 11, 2007 @735pm to Consider an On Sale
Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10.
K Resolution 7081 Authorizing Staff to Purchase Broadband Service for the Community Center
Banquet Facility and Lobby Area
L. Resolution 7086 Approving and Authorizing the Execution of an Agreement Rider with the Board
of Water Commissioners of the City of Saint Paul for Work Associated with the County Road 10
Trailway Project: Segments 9&10
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. March 26, 2007 City Council Meeting Minutes
B. April 9, 2007 City Council Meeting Minutes.
C. Executive Session April 9, 2007
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Information Technology (IT) Status Report
C. Reports of City Attorney
12. Next Council Work Session: Monday, June 4, 2007 @7pm
Next Council Meeting: Tuesday, May 29, 2007 @7pm
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, public works services provided in our community are an integral part of our citizens
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation
of public works systems and programs such as water, sewers, streets and highways, public buildings,
and solid waste collection; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and
services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction is vitally dependent upon the efforts and skill of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people’s attitude and understanding of the importance of
the work they perform,
NOW, THEREFORE, I, Rob Marty, Mayor of the City of Mounds View, do hereby proclaim the
week of May 20-26, 2007 as
“NATIONAL PUBLIC WORKS WEEK”
in The City of Mounds View, and I call upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the contributions
which public works officials make every day to our health, safety, comfort, and quality of life.
Given under my hand and Seal of the City of Mounds View, this 20th of May, 2007.
(SEAL)
Rob Marty, Mayor
Item No. 07A
Type of Business: PH & CB
Meeting Date: May 14, 2007
City Administrator Review: ______ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant to the City Administrator
Item Title/Subject: Public Hearing to Consider Resolution 7068, a
Resolution Approving an On-Sale Intoxicating Liquor
License for Totino’s Italian Kitchen located at 2535
County Highway 10
Section 502.08 of the City Code requires that a public hearing be held prior to any intoxicating
liquor license. Totino’s Italian Kitchen is considering opening a restaurant located at 2535
County Highway 10. Before going any further with acquiring this property, Totino’s would like to
be considered for an On-Sale Intoxicating Liquor License to ensure they can get the proper
licensing before going further in their negotiation process.
Totino’s Italian Kitchen has submitted the city liquor license application materials (to include an
outdoor liquor endorsement), and the applicable fees. The notice of this public hearing was
sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published
in the Mounds View/New Brighton Bulletin. The following investigations and inspections have
been conducted to determine whether there is cause for the City to deny any of the above
referenced intoxicating liquor license application:
Police Inquiry and Investigations
The report has not come back from the Minnesota Department of Criminal Apprehension for the
applicant. The Intoxicating liquor license will be pending a satisfactory report from this agency.
.
Utility Billing Inquiry (City of Mounds View)
No Issues.
Fire Inspection (City of Mounds View Fire Marshal)
The City’s Fire Marshal will inspect the property when Totino’s acquires the property. Totino’s
will be submitting plans and permit applications to the Community Development Department in
order to configure the property into a restaurant. Totino’s is considering building a deck on the
property in order to sell food and liquor outside.
Recommendation
Staff recommends opening the Public Hearing for public comment. In addition, Staff approves
Totino’s Italian Kitchen On-Sale Intoxicating Liquor License pending a satisfactory report from
the Minnesota Department of Criminal Apprehension and a passing fire inspection. This liquor
license, including Outdoor Endorsement, will be effective on July 1, 2007 and expire on June
30, 2008.
Respectfully Submitted
Desaree M. Crane
RESOLUTION 7068
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution Approving an On-Sale Intoxicating Liquor License for
Totino’s Italian Kitchen
WHEREAS, Totino’s Italian Kitchen is considering opening a restaurant
located at 2535 County Highway 10; and
WHEREAS, all City of Mounds View business licenses must be approved
by the City Council; and
WHEREAS, all necessary inspections for the establishment located at
2535 County Highway 10 will be done as soon as the establishment is finished with
construction; and
WHEREAS, staff recommends approval of Totino’s Italian Kitchen, with
the condition that a satisfactory report from the Minnesota Department of Criminal
Apprehension and satisfactory report from the Fire Marshal is administered on the
establishment.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby approve an On-sale Intoxicating Liquor License for Totino’s Italian
Kitchen, under the condition that satisfactory reports are received from the Minnesota
Department of Criminal Apprehension and Mounds View Fire Marshal. The time period
for this license, including the Outdoor Liquor Endorsement, will be July 1, 2007 to June
30, 2008.
Adopted this 14th day of May, 2007.
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7B
Meeting Date: May 14, 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: Continuation of Public Hearing for the Second Reading and
Adoption 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.
Attached is Ordinance 788, an ordinance amending Chapters 1102 and 1113 of the
Mounds View Zoning Code. Both the Planning Commission and City Attorney have
reviewed the language and request the amendment be approved by Ordinance. A first
reading of this Ordinance was reviewed by the City Council at the April 9, 2007, City
Council meeting.
A public hearing was opened on April 23, 2007 and continued until May 14, 2007 for the
final reading and adoption. 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
Staff recommends the City Council hold the public hearing from April 23, 2007 for public
comment, and adopt Ordinance 788. Staff also recommends the Council approve
publication of the ordinance summary in the official city newspaper as allowed by the City
Charter. (Adoption occurs by roll call vote.)
Respectfully submitted by,
Heidi Heller
Planning Associate
ORDINANCE SUMMARY
ORDINANCE NO. 788
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL ZONING CODE OF MOUNDS VIEW
BY AMENDING CHAPTERS 1102 AND 1113 RELATING TO NEIGHBORHOOD
MOTOR FUEL STATIONS
On May 14, 2007, the Mounds View City Council adopted an ordinance which amends
Chapters 1102 and 1113 of the City Zoning Code relating to gas stations. The code
previously only defined a “Motor Fuel Station”, which were only allowed in B-3 zoning
districts. The changes to the City’s zoning code were adopted to allow a small existing
gas station to become a conforming use on a B-2 zoned parcel. The end result of the
changes are that the zoning code now includes a definition for a “neighborhood motor fuel
station.” This is defined as a gas station with a small number of fuel pumps. The zoning
code changes would also allow a neighborhood motor fuel station as a conditional use in a
B-2 zoning district.
The full and complete text of this ordinance is on file at the office of the Clerk Administrator
and is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us.
Kurt Ulrich, City Clerk-Administrator
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: 7H
Meeting Date: May 14, 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 789, an
Ordinance Amending Section 697.08 (Noise Control
Regulations) of the Municipal Code Relating to
Construction Noise
Introduction:
As part of our ongoing effort to ensure the City’s Municipal Code is up to date and
consistent with City goals, policies and procedures, staff reviewed the City’s noise control
regulations (Section 607.08) and, in consultation with the City Attorney, is suggesting
amendments to clarify and improve the effectiveness of the subdivision requirements and
eliminate inconsistent language.
Discussion:
The City’s noise control regulations prohibit loud, unnecessary or unusual noises which
either annoys, disturbs or affects the comfort, repose, health or peace of others, regardless
of time. Granted, enforcement of this provision can be difficult because what one person
considers a loud an unnecessary noise, another may not. The Code further indicates that
loud or disturbing noises shall be prohibited from 10:00 pm through 7:00 pm. The Code
then addresses the specific issue of construction noise, requiring that no construction
noise be generated between the hours of 10:00 pm and 6:00 am and at any time on a
Sunday. (Refer to Exhibit 1 for the full text of the noise regulations.)
Many residents have complained about the early construction start time (6:00 am)
remarking that 6:00 am is too early for such disruptions. The regulations inexplicably
indicate that an individual or family working on their own home shall be exempted from
the noise control regulations. Such an exemption seems arbitrary, because—in theory—
the same amount of noise would be generated by the home building or remodeling
activity regardless of who’s doing it. The intent of this exemption, we suspect, is that the
Council in place at the time the regulation was codified did not want to place undue
restrictions on homeowners working on their own homes, thus making a distinction
between resident builders and non-resident builders.
In the attached Ordinance 789, staff is suggesting that the start time for construction be
changed to 7:00 am and that the exemption for resident builders be eliminated.
Ordinance 789 Report
May 14, 2007
Page 2
Recommendation:
Attached to this report is Ordinance 789, an Ordinance which amends Section 607.08 of
the Municipal Code pertaining to noise control regulations. Staff and the City Attorney
recommend that the Council approve the introduction and first reading of the ordinance.
Any changes or revisions requested by the Council will be incorporated into the second
reading of the ordinance, presently scheduled for Tuesday, May 29, 2007.
Respectfully submitted,
________________________
James Ericson
Community Development Director
607.08: NOISE CONTROL REGULATIONS
Subd. 1. Loud Or Unnecessary Noises Prohibited: It shall be unlawful for any person to make or
cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs or
affects the comfort, repose, health or peace of others.
Subd. 2. Loud Or Disturbing Noises Enumerated; Restrictions: The following acts set forth in the
following paragraphs are declared to be loud, disturbing and unnecessary noises in
violation of this Section, but said enumeration shall not be deemed to be exclusive:
a. Construction Or Repairing Of Buildings: The erection, including excavating, demolition,
alteration or repair of any building between the hours of ten o'clock (10:00) P.M. and six
o'clock (6:00) A.M. on weekdays and all day Sunday, except where single individuals or
families work on single-family residences for their own occupancy owned by them; except,
that the Clerk-Administrator may, or a designee, in case of emergency, grant permission to
repair at any time when the Clerk-Administrator finds such repair work will not affect the
health and safety of persons in the vicinity.
b. Nighttime Noise In Residential Areas; Parties:
(1) No person shall, between the hours of ten o'clock (10:00) P.M. and seven
o’clock (7:00) A.M., participate in any loud party or gathering of people from which noise
emanates of a sufficient volume as to disturb the peace, quiet or repose of persons residing
in any residential area.
(2) Loud noises between the hours of ten o'clock (10:00) P.M. and seven o'clock
(7:00) A.M. of such volume as to be plainly audible at a distance of one hundred feet (100')
from the residential premises wherein such loud party or gathering is located shall be prima
facie evidence of a violation of this Section.
(3) No persons shall visit or remain within any residential dwelling unit wherein
such loud party gathering is taking place, except the owner, persons residing in that unit or
persons who are there for the sole purpose of abating the disturbance. (Ord. 556, 3-20-95)
c. Stereos, Radios, Tape Players, Disc Players, Etc.: Operation of a stereo, radio, tape
player, disc player, or any such device at anytime in a motor vehicle in such a manner as to
be plainly audible at a distance of fifty feet (50’) from the vehicle shall be prima facie
evidence of a violation of this Section. (Ord. 612-, 4-13-98)
ORDINANCE NO. 789
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 607.08, SUBD 2A OF
THE MOUNDS VIEW CITY CODE BY REVISING LANGUAGE
PERTAINING TO THE CITY’S NOISE CONTROL REGULATIONS
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Section
607.08, subd 2a of the Mounds View Municipal Code pertaining to Noise Control
Regulations by deleting the stricken material and adding the underlined material as
follows:
Subd. 2. Loud Or Disturbing Noises Enumerated; Restrictions: The following acts set forth in the
following paragraphs are declared to be loud, disturbing and unnecessary noises in
violation of this Section, but said enumeration shall not be deemed to be exclusive:
a. Construction Or Repairing Of Buildings: The erection, including excavating, demolition,
alteration or repair of any building between the hours of ten o'clock (10:00) P.M. and seven
o’clock (7:00) A.M., Monday through Saturday. The City Clerk-Administrator may
grant authority for work to occur at any time in the event of an emergency or when it
is found that such activity would not affect the health, safety, comfort and repose of
persons in the vicinity. , six o'clock (6:00) A.M. on weekdays and all day Sunday, except
where single individuals or families work on single-family residences for their own
occupancy owned by them; except, that the Clerk-Administrator may, or a designee, in
case of emergency, grant permission for construction or to repair at any time when the
Clerk-Administrator finds such repair work will not affect the health and safety of persons in
the vicinity
SECTION 2. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the City Council of the City of Mounds View this 14th
day of May, 2007.
Second Reading and Adoption by the City Council of the City of Mounds View this 29th
day of May, 2007.
_______________________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7J
Meeting Date: May 14, 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: Second Reading and Adoption of Ordinance 786, an
Ordinance Amending Chapter 1010, Wetland Zoning
Code
Introduction:
Staff asked Kennedy & Graven to review the City’s Wetland Zoning Ordinance 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 and on April 23, the Council approved
the first reading of Ordinance 786.
Discussion:
As the Council was made aware, 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. Staff prepared an article explaining the
changes which will appear in the July-August 2007 edition of the Mounds View Matters.
Recommendation:
Approve the second reading and adoption or Ordinance 786 which provides some clarity
pertaining to activities exempt from needing a permit and strengthens the section which
addresses violations. Staff also seeks authorization to publish an ordinance summary in lieu
of the whole ordinance as provided by City Charter.
Respectfully submitted,
________________________
James Ericson
Community Development Director
Mounds View Matters
July-August, 2007
City Wetland Regulations Updated
Recently the Mounds View City Council
approved an ordinance that amended
Chapter 1010 of the City Code pertaining
to wetlands and wetland management.
The ordinance (Ordinance 786) clarified
that residents who live within 100 feet of a
wetland do not need to obtain a special
wetland permit to conduct normal and
typical yard and lawn maintenance and
upkeep activities. Also clarified was that
the City or agents working at the direction
of the City do not need to obtain a wetland
permit when operating in the course of
normal municipal functions, such as park maintenance, installation of trailways, utility
maintenance, etc. Finally, the other amendment adopted by the Council was to strengthen
and clarify the enforcement provisions of the chapter to ensure that the City can effectively
and quickly respond to violations of the City’s wetlands regulations.
None of the amendments adopted by the City Council changes the fact that wetlands are
protected areas and that Rice Creek Watershed District (RCWD) is the responsible
governmental unit having jurisdiction over all wetland areas. No person shall engage in
development, alteration or construction activity, except as stated above, within a city-
designated wetland or wetland buffer without first obtaining a permit from the City. If work
is proposed to occur within the wetland, a RCWD permit is needed in addition to the City’s
wetland permit.
For more information on wetlands management in the City of Mounds View, the following
materials may be reviewed online at www.ci.mounds-view.mn.us/wetlands.htm or in person
at the Mounds View City Hall:
• Chapter 1010, Mounds View Wetlands Regulations
• Ordinance 786, amendments to Chapter 1010
• Wetland Maps, Maps of all wetlands and wetland buffers in Mounds View
If you have any questions about this information or you are unsure whether you have a
wetland on or near your property, please call the Community Development Department at
763-717-4020.
\\trout\CommDev\Users\JIME\Comm Dev Stuff\Newsletter Articles\Wetlands (Jul-Aug, 2007).doc
ORDINANCE SUMMARY
EMERGENCY ORDINANCE NO. 786
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
An Ordinance Amending Chapter 1010 of the Mounds View
Municipal Code Relating to Wetland Zoning Requirements
On May 14, 2007, the Mounds View City Council adopted an ordinance which clarifies the
rules and regulations relating to normal and typical lawn maintenance activities within a
wetland buffer. In addition, the regulations clarified exemptions relating to work done by the
City or on behalf of the City within a wetland district.
The ordinance, along with the full text of the City’s Wetland Zoning Code, are 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/ords/786.pdf.
Kurt Ulrich, City Clerk-Administrator
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)
Item No: 7K
Meeting Date: May 14, 2007
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Authorization to Advertise to Fill the Vacated
Economic Development Specialist Position
Introduction:
As the Council has been made aware, Aaron Backman, the City’s Economic Development
Specialist since 2001, has submitted his resignation to accept a position in another
community. In keeping with past practice, any time a position becomes vacant, the Council
reviews the position description and considers the responsibilities associated with the
position. This occurred at the May 7, 2007 worksession at which direction was given to
move forward with the advertising for the position.
Discussion: (The following information was presented at the worksession.)
The resignation of Mr. Backman creates a large void in the community development
department. While Staff is fairly certain the Council understands that the tasks and
responsibilities as outlined in the position description cannot be absorbed by existing staff
members, we feel that such acknowledgement should be addressed up front.
The Council may question the need for such a position given the relative development
saturation of the community; however no city—fully developed or otherwise—is a static
community. City’s who do not embrace or plan for change or actively promote and
encourage the redevelopment of its aging and under-developed properties risk a decreasing
tax base and general disinclination of existing businesses and property owners to reinvest
back into the community. Economic development, thus, should be a priority for communities
at all stages of growth.
Mounds View has been working for years on its vision for the County Road 10 corridor and
many conditions have come together (Medtronic, Mounds View Square, etc.) to focus more
attention on Mounds View which is presently in a redevelopment mode. The Premium Stop
redevelopment area, the Saturn dealership and adjacent vacant Multi-tech parcel, the Pac
building and liquor store site, the Steve’s appliance site and various other locations within the
corridor, Old Highway 8 and Mustang Drive are all areas that will likely redevelop in the near
future. The economic development Specialist is instrumental in helping the City to achieve
these redevelopment goals. Staff is hopeful the City Council appreciates the magnitude and
extent of the activities which are organized and conducted by this position. While it may
sound like an overstatement, any delay in filling this position could put certain key
developments at risk of either not occurring (i.e., Totino’s) or occurring to a much less
desirable extent (i.e., the potential Saturn redevelopment.)
Economic Development Specialist Report
May 14, 2007
Page 2
Salary
According to the 2007 AFSCME contract, the following represents the annual wage scale for
the economic development specialist position.
Step 1 Step 2 Step 3 Step 4 Step 5
$46,696 $49,608 $52,520 $55,453 $58,365
The position will be advertised at an anticipated starting wage of $46,696 per year, however
the Council may want to consider hiring at a higher step based on the experience and
qualifications of the individuals applying for the position.
Advertisements
Subject to Council approval, staff will arrange to post the position announcement in both the
StarTribune and Pioneer Press. While we acknowledge this will involve additional expense,
staff feels it is important to ensure the announcement is seen by as many qualified
individuals as possible. We would also have the announcement posted on both newspaper’s
online employment boards. The opening would be posted online with the League of
Minnesota Cities as well as on the City’s own website.
Anticipated Schedule
The following schedule represents our desired timeframe in which the position would be
advertised, applicants interviewed and a candidate brought forward for Council approval.
May 14, 2007: Council approves filling the vacancy
May 20, 2007: Position announcement in Sunday newspapers, LMC
June 8, 2007: Deadline to submit Applications
June 11 – 15 : Review & point applications, schedule interviews
June 18 – 20: Hold interviews
June 21 – 22: Conduct background & reference checks
June 25, 2007: Present candidate to the Council for consideration
This is a challenging timeline to be sure and it is staff’s objective to efficiently conduct the
selection process to limit delay and potential loss of momentum on our economic
development and redevelopment activities.
Recommendation:
Staff recommends approval of Resolution 7082, a resolution authorizing staff to advertise to
fill the vacancy created by Mr. Backman’s resignation.
Respectfully submitted,
________________________
James Ericson
Community Development Director
ECONOMIC DEVELOPMENT
SPECIALIST
The City of Mounds View, located in suburban
Ramsey County, has an immediate opening
for an Economic Development Specialist to
work in its Community Development
Department. This full time position
coordinates the City’s economic development
and business retention programs and tax
increment financing districts, works with the
City Council and other various boards, task
forces and commissions and interacts with
civic groups, regional and state agencies.
This position coordinates economic
development marketing and promotional
activities aimed at enhancing the tax base and
attracting new development and investment to
Mounds View. Minimum qualifications include
bachelors degree in planning, business or
public administration, economics, marketing,
finance or a related field, and a minimum of
one full year of experience in an economic
development or redevelopment setting and
working knowledge of TIF. Must possess a
valid driver’s license and be computer-literate
in a MS Office environment. Anticipated
starting salary is $46,696 annually plus
benefits. A city application and resume is
required. For application materials and a copy
of the job description, please visit the City’s
website or contact Barb Benesch at 763-717-
4020. Return application packets no later than
4:30 p.m., June 8, 2007 to:
City of Mounds View
Attn: Personnel Dept.
2401 County Road 10,
Mounds View, MN 55112
www.ci.mounds-view.mn.us
Equal Opportunity Employer
RESOLUTION NO. 7082
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING STAFF TO ADVERTISE TO FILL THE
FULL TIME POSITION OF ECONOMIC DEVELOPMENT SPECIALIST WITHIN THE
COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, due to a resignation of Aaron Backman, there is an immediate need
to fill the position of economic development specialist in the community development
department; and,
WHEREAS, the economic development specialist plays a vital role in support of
the continued growth and development of the community and the sustained redevelopment
and tax base enhancements on the County Road 10 corridor; and,
WHEREAS, the economic development specialist serves as the linkage between
the City and the business and corporate communities, promotes the advantages of
conducting business within the community and acts as a liaison to many civic and
government entities.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds
View authorizes staff to post an announcement to fill the vacated position of Economic
Development specialist within the Community Development Department.
Adopted this 14th day of May, 2007.
_______________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich, City Administrator
(SEAL)
Item No: 07L
Meeting Date: May 14, 2007
Type of Business: CB
City Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jim Ericson, Community Development Director
Item Title/Subject: Resolution 7083 Establishing the Comprehensive
Plan Task Force
Background:
The City of Mounds View, like all metropolitan communities in the Twin Cities area,
is required to update its Comprehensive Plan by the year 2008. In recognition of
this requirement, the City Council identified the Comp Plan update as one of its
adopted goals for 2007. Establishing a task force will help ensure the process
moves forward in a timely fashion while providing addition means of opinion,
review and oversight.
Discussion:
The Council discussed the idea of a task force at a meeting earlier this year and
reiterated their support for such a body during the strategic planning and
leadership retreat held in February and attended by the City Council and
department heads.
Staff envisions that once work begins on the Comprehensive Plan, the task force
would meet once every month or every two months, depending upon progress and
issues being reviewed. The Planning Commission will take the lead on the comp
plan preparation with the Economic Development Commission and Park and
Recreation Commission playing strong supporting roles. From a staff perspective,
Community Development will assume the lead role on the update with a strong
supporting role played by Public Works. The Finance and Administration
departments will also lend support as needed.
The membership of the Task Force is envisions as follows:
1 - Planning Commission Rep
1 - Economic Development omission Rep
1 - Park and Rec Commission Rep
1 - City Council Representative
1 - Chamber of Commerce Rep
4 – Residents at large
Comp Plan Taskforce Report
May 14, 2007
Page 2
The principal goal and purpose of the Task Force will be to review and oversee the
preparation of the Comprehensive Plan update. The Task Force would likely meet
once a month (when activity relating to the Comp Plan is extensive) or every two or
three months (when activity is minimal.) The Task Force would conclude its
responsibilities upon City Council approval of the Comprehensive Plan
amendment, after which point the Task Force would officially expire.
Recommendation:
Staff is seeking Council consent on the proposed member composition of the Task
Force and the number of participants. Staff feels a nine-member task force would
be optimum, however that decision is at the discretion of the City Council. In
consideration of the above, attached is Resolution 7083 for Council action. The
resolution establishes the creation of the Task Force, however further Council
action will be needed to officially appoint members to the group after notice is
published in the Bulletin and Focus. To provide sufficient time to accept
“applications”, staff recommends a deadline of June 6, 2007. This would allow for
formal appointments by the Council on June 11. Taking into consideration the
lead-in time required by the newspapers, this time frame would provide two weeks
for residents to submit an application for consideration.
Respectfully submitted,
Jim Ericson
Community Development Director
763-717-4021
RESOLUTION NO. 7083
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE ESTABLISHMENT OF
THE COMPREHENSIVE PLAN TASK FORCE
WHEREAS, the City of Mounds View is required to update its municipal
Comprehensive Plan by the end of 2008; and,
WHEREAS, the City Council identified the Comp Plan amendment
process as one of its adopted goals for 2007; and,
WHEREAS, the City Council recognizes the value of having a task force
provide interim feedback and oversight during the amendment process; and,
WHEREAS, a task force comprised of representatives from the City’s
boards and commissions, the City Council, and residents at large would provide
broad oversight and help ensure that proposed amendments would be in the best
interest of the general community; and,
WHEREAS, such a task force would meet once a month (or as needed)
and serve as an advisory body to the City Council and relevant commissions
throughout the amendment process.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
establishes the Comprehensive Plan Task Force with the principal purpose to
review and oversee the preparation of the 2008 Comprehensive Plan Amendment,
with membership comprised of one member each from the City Council, the
Planning Commission, the Economic Development Commission and the Parks,
Recreation and Forestry Commission, and up to four additional at-large resident
representatives.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the
Comprehensive Plan Task Force would conclude its work upon City Council
adoption of the 2008 Comp Plan Amendment.
Adopted this 14th day of May, 2007.
_______________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich, City Administrator
(seal)
Item No. 7N
Meeting Date: May 14, 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: Michael Schnur, Lead Utility Operator
Item Title/Subject: Resolution 7054 Approving the Purchase of a
Frost Breaker
Background:
The age and original construction material of the City’s water supply system has
made it more susceptible to cracks, breaks, and other catastrophic failures.
These events are particularly prevalent during the winter months. During this
period, frost in the upper soil layers expand, pushing up pipe segments
connected to hydrants and gate valves. This creates stresses on the piping
below the frost line, causing it to fracture and break. Typically, the deeper the
frost, the greater the probably is for failure. Likewise, the deeper the frost, the
greater the difficulty Staff has in excavating the site to take corrective measures.
During the 2006 / 2007 winter season, the City performed nine (9) excavations to
repair the City water mains.
There are two ways in which the City can penetrate the frost to access the water
break areas. The first way is to scrape through the frost with a frost bucket
mounted on the City’s backhoe loader. This method is very time consuming and
extremely difficult – especially with deep frost layers. Safety is also a major
concern. There are numerous private utilities such as gas, electric, telephone,
cable television, fiber optics, etc. that are located above most water lines. The
bucket on the backhoe is 30” wide. Attempting to remove frost adjacent to or
between these utilities using the backhoe bucket is extremely difficult and
dangerous.
The second method to remove the frost is with the aid of a single point hydraulic
frost breaker. This is an implement that attaches to a backhoe or skidsteer and
functions similar to a large jack hammer.
Public Works has been operating for several years without a hydraulic frost
breaker. The City has been calling upon the City of New Brighton for frost
breaking services, or scraping through the frost with a frost bucket attachment.
The last five cases whereby maintenance crews scraped through the frost took
about 8 hours longer than what it would have if the City had a hydraulic frost
breaker. The last time the City requested frost breaking service from the City of
New Brighton, City maintenance crews waited around an hour for the frost
breaker to show up and start working.
Reviewing these last 6 cases whereby frost had to be removed before a water
main could be repaired revealed that approximately 36 man hours were
expended needlessly. Financially this translates into approximately $1,795.00
that could have been saved. As a note, all of the digs this year that a frost
breaker would have been used on ran into an overtime situation.
Discussion
Calling on New Brighton or scraping through the frost are not efficient uses of
City staff or resources. With the purchase a of hydraulic frost breaker attachment
for the front of the Bobcat skid loader, down time waiting for either New Brighton
to arrive on the job site, or waiting for our backhoe to scrape through the frost,
will be eliminated. Public Works staff will be able to use both the back hoe and
skid loader simultaneously, thus increasing productivity and decreasing labor
costs. It will also assist in the speed of keeping the hole safe for staff to work, by
being able to break away the frost overhangs that occur while excavating water
main / sewer main breaks in the winter. These overhangs are very hard to break
with just the back hoe while still avoiding other utilities in the excavation hole.
This piece of equipment will also be able to be used in the summer for faster
breaking of blacktop and concrete on a variety of road related projects, compared
to the current use of a man operated jackhammer. Projects such as raising or
lowering valve boxes, removing broken or sunken curb, raising or lowering
manhole covers, and other small street related repairs will be performed faster. It
would also be used to break apart large footings from various poles before they
could be used again, or hauled away for scrap.
It is not always guaranteed that the City of New Brighton can break frost for the
City. City of New Brighton had 25 plus breaks of their own this past year. It is
also not guaranteed that even if they don’t have a water main break that they will
be willing or able to break frost for the City, due to events such as snow, other
projects, and or staffing shortages. It is also possible that their frost breaker,
which is attached to a back hoe, might be broken, or the backhoe might be
broken down and not useable. There is also the potential for the equipment to be
broken while in use for the City of Mounds View. This would raise the question of
who would pay for the repair.
The funds to finance this purchase will be derived from the Enterprise Fund,
under the water infrastructure and equipment department, capitol equipment
account (account 700-4823-7030), and any additional funds that may be required
are to be derived from the Enterprise Fund, water infrastructure and equipment
department contingency account.
Staff has received the following bids
Bobcat $5,529.00 +tax
Quick Attach $6,280.00 +tax
RMS Rentals $6,995.00 +tax
Carlson $10,463.00 +tax
Further Discussion
The City can:
1. Continue to operate under its current operating procedures. This past
year the city received assistance in the breaking of frost only once. In
other cases the City spent additional hours scraping the frost. As
mentioned previously, scraping the frost is time consuming, difficult, and
potentially dangerous.
2. Hire an excavating company to break frost for the City. The cost of this
from Valley Rich Co. Inc. is a minimum of $200.00 a day for the use of the
breaker, $125.00 per hour for transport to the job site, from wherever the
equipment is, and $125.00 per hour for hours worked, plus $41.00 per
hour if overtime hours are worked. This cost for the break on Long Lake
Rd. and Co. Rd. H2 would have been approximately $1100.00. The cost
for this entire winter season, if the City would have called for frost breaking
service on all digs that went into the road, where the frost is the hardest to
get through, would have been approximately $4600.00. This is also
contingent on an excavating company having a crew available on very
short notice.
3. Purchase a frost breaker for the skid loader. This would require the initial
expenditure of funds to purchase this attachment for the skid loader, but it
would allow the City to be self reliant in breaking frost in the future. It
would also be adaptable to the City’s Back Hoe in the future, if that need
would arise, with a bracket and some hose couplings.
Recommendation:
Staff recommends purchasing a Hydraulic Frost Breaker from Bobcat for a price
of $5,529.00 plus tax. The adopted 2007 Budget has $5,000.00 allotted in the
Enterprise Fund, under the water infrastructure and equipment department,
capitol equipment (700-4823-7030) for the purchase of a hydraulic frost breaker.
Respectfully submitted,
_______________________
Michael Schnur, Lead Utility Operator
RESOLUTION 7054
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE PURCHASE OF FROST BREAKER
WHEREAS, Public Works has been operating without a frost breaker for
several years; and
WHEREAS, the City of New Brighton periodically assists Mounds View
with our frost breaking needs or Mounds View has scraped through the frost; and
WHEREAS, utilizing the City of New Brighton for our frost breaking needs
is not always possible or timely; and
WHEREAS, scraping through the frost is time consuming, difficult, and
potentially dangerous; and
WHEREAS, a frost breaker attachment will be used in the summer for
road maintenance and other various tasks; and
WHEREAS, the adopted 2007 Budget has $5,000.00 allotted in the
enterprise Fund, under the water infrastructure and equipment department, capitol
equipment (700-4823-7030).
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. That the proposal for the purchase of a Hydraulic Breaker from
Bobcat in the amount of $5,529.00 plus tax is here by approved.
2. That the Mayor and City Administrator are hereby authorized and
directed to enter into a contract with Bobcat.
3. That the funds to finance this purchase will be derived from the
Enterprise Fund, under the water infrastructure and equipment
department, capitol equipment account (account 700-4823-7030),
and that any additional funds that may be required are to be
derived from the Enterprise Fund, water infrastructure and
equipment department contingency account.
Adopted this 14th day of May 2007.
(ATTEST) ____________________________________
Rob Marty, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No. 7O
Meeting Date: May 7, 2007
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Steven Dazenski, Supervisor of Parks Department
Item Title/Subject: Resolution 7066 Approving the Purchase of a
Replacement Trim Mower for the Parks Division
Background:
In 2001, the City purchased a Toro 328 trim mower. This mower has been used
to perform all trim mowing of the parks and athletic fields located in the City. This
totals approximately 140 acres.
Due to its continuing use, the mower deck is showing advanced signs of dirt
erosion. Dirt erosion occurs when dirt is picked up by the blade turbulence and
thrown against the underside of the deck at a very high velocity. The result is a
thinning or wearing of the metal allowing the deck to buckle or twist. Frequent
repair is required to avoid an uneven cut and scalping of turf. We could purchase
only the deck and components but this alone would cost in excess of $5,000.00;
this would still leave us with a worn tractor unit displaying 1,547 hours and
questionable reliability.
The City’s mechanic has performed an evaluation of this mower and has
documented its condition. Attached is a copy of the evaluation report.
Discussion:
This mower has been scheduled for replacement in 2007 and monies have been
allocated in the 2007 budget for its replacement. It is currently in a usable
condition because of the City’s maintenance program and therefore retains a
salvage value. We will also be trading in a Toro 325 trim mower, which we
received from the golf course. This mower is inoperable and has no deck.
Staff has performed an extensive study and evaluation of mowers that are
designed to meet our needs. In this evaluation Staff has determined that the
Jacobson Turfeat trim mower would be a suitable replacement for the Toro 328
trim mower.
The Jacobson utilizes hydraulic motors to run blades, doing away with drive shaft
and belts. This drive puts more power to the blades and, with fewer moving
parts, is far more maintenance friendly.
The Jacobson deck is constructed of heavier gauge steel to extend mower deck
life. It also has contour following rollers on the front, sides, and rear, to prevent
scalping of berms and hillsides.
Staff has contacted other municipalities and organizations to discuss their use of
and satisfaction with this mower. The City of Roseville, White Bear Independent
School District and The City of Cottage Grove have all given this mower a good
recommendation.
This mower would be purchased under state contract. This would forego the
requirement to acquire additional bids. The state contract bid is as follows:
• Jacobsen Turfeat 4-wheel drive Trim Mower $17,515.00
• Trade-In of 1989 Toro 325 ($ 1,000.00)
• Trade-In of 2001 Toro 328 ($ 5,650.00)
Subtotal $10,865.00
Tax $ 762.22
TOTAL $11,627.22
The Parks Budget, 100-4360-7030 has $20,000.00 budgeted for this mower
purchase.
Recommendation:
Staff recommends that the City Council approve the purchase of a Jacobsen
Turfeat Trim Mower under state contract in the amount of $17,515.00 and
approve the trade in of the 1989 Toro 325 and a 2001 Toro 328 at a credited
combined value of $6,660.00. Including tax, this represents a net City cost of
$11,627.22
Respectfully Submitted,
Steven Dazenski, Parks Supervisor
RESOLUTION 7066
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE PURCHASE OF A REPLACEMENT TRIM MOWER FOR
THE PARKS DIVISION
WHEREAS, the City Council had previously approved the purchase of a
2001 Toro 328 trim mower; and
WHEREAS, said mower has been in use for seven years and has reached
its economically useful life; and
WHEREAS, said mower has a the trade in value of $5,650.00; and
WHEREAS, said mower will be traded in with an inoperable Toro 325 with
a trade-in value of $1,000.00 and
WHEREAS, $20,000 has been budgeted in the Parks Division 2007
budget (100-4360-7030) for the replacement of the 2001 Toro 328 trim mower;
and
WHEREAS, Staff has performed an extensive study and evaluation of
mowers that are designed to meet our needs; and
WHEREAS, the Jacobsen Turfeat trim mower has proven to be safe,
dependable and user friendly; and
WHEREAS, said mower would be purchased under state contract and
thus forego the requirement to acquire additional bids.
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City
Council does hereby approve the purchase of a Jacobsen Turfeat trim mower
under state contract in the amount of $17,515.00 and approve the trade in of the
1989 Toro 325 and a 2001 Toro 328 at a combined credited value of $6,650.00.
Including tax, this represents a net City cost of $11,627.22.
Adopted this 14th day of May 2007.
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
City of Mounds View
Memo
To: Greg Lee, Director of Public Works
From: Steve Vacek, City Mechanic
CC: Steve Dazenski, Supervisor
Date: July 17, 2018
Re: Condition of Toro 328 Trim Mower
Greg
As per your request we have outlined a conditional report for the Toro Trim Mower 328D. I have outlined several
serviceable items that would need to be addressed in the near future.
These items are as follows:
We have tested the fuel pressure in the unit and found it to be out of manufacturers’ specifications. To remedy
this issue would require a injection fuel pump Cost $822.64
The deck is worn and bent due to soil and wind erosion which has caused the deck to warp. This buckled deck
causes scalping throughout the city. Turf in the areas that this mower scalps in generally in hills and very hard
to re-establish once destroyed Cost $5,000.00
The hydraulic deck lift cylinder is in need on replacement. Cost $352.22
PTO driveshaft assembly is worn and requires a new assembly. Cost $268.53
Total $6442.75
This unit also requires maintenance on other items such as leaking seals, as well as, worn items related to coolant
system.
If you require any other information please let me know
Steve Vacek
ASE Certified Master Technician
Item No: 08A
Meeting Date: May 14, 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.
Alta Heating & Plumbing, Inc (dba,
Clearwater Plumbing & Heating)
HVAC New
Blacktop Driveway Company, Inc. Asphalt Renewal
C.S.I. (Complete System
Innovations)
General (Commercial) New
Drobnick’s Tree Service Tree Trimming/Removal Renewal
Lino Lakes Blacktop Asphalt New
NewMech Companies, Inc. HVAC New
Staff Recommendation: Approve license applications as requested.
Item No: 08C
Meeting Date: May 14, 2007
Type of Business: CA
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree M. Crane, Assistant to the City Administrator
Item Title/Subject: Resolution 7084 Approving a Restaurant License for
Totino’s Italian Kitchen located at 2535 County
Highway 10
Totino’s Italian Kitchen submitted applications and fees for a Restaurant license As stated
in the Mounds View City Code all restaurant establishments must be licensed in the City.
Recommendation:
Staff recommends that the City Council approve the Restaurant for Totino’s Italian Kitchen
located at 2535 County Highway 10.
Respectfully submitted,
Desaree M. Crane
RESOLUTION 7084
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A RESTAURANT FOR TOTINO’S ITALIAN KITCHEN
LOCATED AT 2535 COUNTY HIGHWAY 10
WHEREAS, all City of Mounds View businesses wishing to operate
certain types of businesses must apply to the City for business licenses; and
WHEREAS, Totino’s Italian Kitchen has applied for a Restaurant License;
and
WHEREAS, Totino’s Italian Kitchen has submitted the proper paperwork
and fees, 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 Restaurant License for Totino’s Italian Restaurant. The
licensing period shall be from July 1, 2007 to June 30, 2008.
Adopted this 14th day of May, 2007
Rob Marty, Mayor
ATTEST:
Kurt Ulrich, City Administrator
(seal)
Desaree Crane received no changes to these Minutes. If you like, please go ahead and make the nessary changes and we can have these approved with changes to be sent to me.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
March 26, 2007 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:15 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
21
A. Monday, March 26, 2007 City Council Agenda 22
23
City Administrator Ulrich recommended that, based on the action of the HR committee this 24
evening, Item 6C be removed from the Agenda. 25
26
MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, March 26, 2007 City Council 27
Agenda as Amended. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
5. PUBLIC INPUT 32
33
Joan Berdick of 2208 Kingsway Lane at Townsedge Terrace said that they would like to have a 34
second entrance at their park. 35
36
Mayor Marty indicated that item is on the Agenda for discussion. 37
38
Mike Hebert of 2216 Kingsway Lane thanked Council for helping to get his lot fixed. 39
40
A. Report on Townsedge Terrace Concerns from March 12, 2007 Meeting 41
42
Community Development Director Ericson indicated that Staff was out at the property with the 43
Mayor and looked at the property in question and realized that there was some running water 44
Mounds View City Council March 26, 2007
Regular Meeting Page 2
originating from Mike’s lot. One of the water control people came out and took a sample and it 1
was determined to be drinking water from a water line from the park. 2
3
Mr. Hebert explained that they will bring in dewatering equipment and then dig down to find the 4
break and then go under the trailer by hand, if necessary. 5
6
Mr. Hebert indicated that he would prefer a licensed contactor for the electrical work required. 7
8
Director Ericson indicated that a permit would be necessary and licensing is a requirement. 9
10
Director Ericson indicated that another issue concerns the second access to the Park. He then 11
said that there is information in the packet from 2003, when the original second access study for 12
this park was done. 13
14
Joan Berdick said that she would like to have a secondary access as there are more residents 15
coming to the park due to the large number of foreclosures. She then said that the Park will not 16
do anything about this. She further said that she is afraid that there will be some kind of disaster 17
preventing exit from the Park. 18
19
Mayor Marty indicated that in 2003 Colonial Village had three entrances and Mounds View Park 20
wanted a second one but at the time the owner of Townsedge was not interested and the citizens 21
were generally not in favor of it. He then said that the property owner had conducted a poll at 22
that time and indicated that the majority of residents were not interested in the second entrance. 23
He further said that, if there is interest, then the City could look to get involved. 24
25
Steve Hazuka of 2213 Kingsway Lane said that the second entrance has been an issue for a long 26
time and they have done nothing, and will continue to do nothing. 27
28
City Attorney Riggs said that there likely is a health safety and welfare issue at the park and Staff 29
will look into it. 30
31
Mayor Marty said that the park has the main entrance and this would be a smaller side entrance 32
to allow for emergency access. He then said that people would generally use the main entrance 33
and the other entrance would be smaller to allow access, if necessary. 34
35
Joan Berdick said that last year there was a storm that could have impacted them and it is a real 36
possibility that it could happen again so they need another access for safety. 37
38
Mayor Marty indicated that the City was able to secure some grant funding for one of the 39
manufactured home park entrance projects. 40
41
Mr. Hebert indicated he went to the library and looked up mobile home parks under exit codes 42
and Code 11105-11106 says a park should have at least two exits. 43
44
Mounds View City Council March 26, 2007
Regular Meeting Page 3
Director Ericson indicated that Staff will contact the property owner to see if there is support for 1
the second entrance along with exploring any grant opportunities. 2
3
Mayor Marty indicated that the City was not aware of grants until the other park entrance project 4
was underway. He then asked Staff to inform this property owner about the grant funding 5
possibility to make it more appealing. 6
7
6. SPECIAL ORDER OF BUISNESS 8
9
None. 10
11
7. COUNCIL BUSINESS 12
13
A. Resolution 7047 Approving an Off Sale 3.2 Malt Liquor License for Aldi 14
Foods located at 2537 County Highway 10 in Mounds View 15
16
Assistant to the Administrator Crane addressed Council and explained that Aldi Foods will be 17
opening May 1, 2007 and has requested a 3.2 Malt Liquor License. She then reviewed the 18
investigations conducted and the Staff recommendation. 19
20
Council Member Stigney asked whether there is a concern for liquor sales when the daycare and 21
church are located in such close proximity. 22
23
Assistant to the Administrator Crane indicated she saw no issue with the Code but could look 24
again. 25
26
Council Member Stigney said that the gas station was not allowed to have a liquor license due to 27
its proximity to the Church and daycare. 28
29
Director Ericson read from the Code concerning liquor licensing and asked the City Attorney to 30
review it. 31
32
City Attorney Riggs indicated that Section D would apply which would be the 500 foot 33
requirement. 34
35
MOTION/SECOND: Stigney/Hull. To Postpone Resolution 7047 to the Next Council Meeting 36
to Resolve the Issue of Distance from the Church. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
B. Public Hearing to Consider Resolution 7043, Approving an Outdoor 41
Consumption Endorsement for Moe’s Located at 2400 County Highway 10 in 42
Mounds View 43
44
Mounds View City Council March 26, 2007
Regular Meeting Page 4
Assistant to the Administrator Crane explained that Moe’s has requested an Outdoor 1
Consumption Endorsement and outlined the conditions required. 2
3
Mayor Marty opened the public hearing. 4
5
Rob Stoner of 2454 County Road H2 said he would be opposed to this because the sound system 6
was overwhelming. He then said that and he could hear it over the TV in the house with the 7
windows closed. 8
9
Council Member Hull agreed that it is too loud when there is a band there. 10
11
Mayor Marty indicated that this can be an issue as it has been with Roberts and he would like to 12
discuss this with the owners to avoid noise issues in the future. 13
14
MOTION/SECOND: Mueller/Hull. To Postpone Resolution 7043 to the Next Council Meeting. 15
16
Council Member Stigney asked if this is a one time only event or whether the Resolution grants 17
them approval for any time they want. 18
19
Ms. Crane indicated that this is a one year endorsement so they could do another event during the 20
year. 21
22
Council Member Stigney indicated that he may have an issue with that. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
C. Resolution 7051 Approving Full-Time Cable Coordinator Position and 27
Advertisement for Hire 28
29
This item was removed from the Agenda. 30
31
D. First Reading of Ordinance 787 Approving an Amendment to Chapter 1102 32
of the Mounds View Zoning Code to define Health and Beauty Services 33
34
Assistant to the Administrator Crane explained that the City Attorney and Council have directed 35
that Staff define health and beauty services. The Planning Commission reviewed the proposed 36
definition and recommended approval. She then read the proposed definition. 37
38
Council Member Stigney asked what a nutrition and diet center is. 39
40
Staff explained. 41
42
Council Member Mueller would like the words “and the like” removed from the definition. 43
44
Council agreed. 45
Mounds View City Council March 26, 2007
Regular Meeting Page 5
1
Mayor Marty said that this does not give him a “warm fuzzy feeling”, but it does appears as if it 2
is a valid business. 3
4
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Ordinance 787, 5
Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to Define Health 6
and Beauty Services as Amended. 7
8
Ayes – 5 Nays -0 Motion carried. 9
10
E. Resolution 7048 Granting a 60-Day Extension for the Removal of Billboards 11
on the Medtronic Property 12
13
City Administrator Ulrich indicated that the EDA has considered this matter and has 14
recommended an extension for 90 days for the removal of the billboards at the Medtronic 15
property. 16
17
Mayor Marty indicated that the EDA decided to extend another 30 days due to the fact that there 18
may be weather concerns and both Medtronic and Clear Channel agreed. 19
20
MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7048, 21
Granting a 90-Day Extension for the Removal of Billboards on the Medtronic Property as 22
Amended to 90 Days. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
F. Resolution 7049, Step Increases for Officer Tim Wolf and Officer Keith 27
Demarest of the Mounds View Police Department 28
29
City Administrator Ulrich read Resolution 7049, Step Increases for Officer Tim Wolf and Keith 30
Demarest. 31
32
MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7049, Step Increases for Officer 33
Tim Wolf and Officer Keith Demarest of the Mounds View Police Department. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
G. Resolution 7052 Approving the 2007 Seasonal Public Works Positions 38
39
Public Works Director Lee reviewed his recommendation on seasonal employees noting that he 40
would like to hire 10 seasonal workers. The second recommendation would be to increase the 41
rate of seasonal workers returning to $12.50 to try to entice them to return. The third 42
recommendation would be to create a part time seasonal position to allow a former employee to 43
come back to this position. 44
45
Mounds View City Council March 26, 2007
Regular Meeting Page 6
Director Lee indicated that Staff has revised the Resolution in light of the recommendation of the 1
HR Committee. He then handed out the amended Resolution and report. 2
3
Council Member Flaherty indicated that the HR Committee would like background information 4
from other cities and with regard to the previous employee they would like more information. 5
6
Council Member Stigney indicated that the figure of $12.50 was removed while waiting for 7
information from other cities but that is still in the report. 8
9
Director Lee indicated that Staff is still recommending the wage of $12.50. 10
11
Mayor Marty indicated that one reason for the higher salaries on the returning seasonal 12
employees, is because there is not as much training required for them. 13
14
Director Lee recommended authorizing the hiring and said that Staff can come back with a 15
recommendation on the part time seasonal position at a later time. 16
17
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7052, 18
Approving the 2007 Seasonal Public Works Positions. 19
20
MOTION/SECOND: Stigney/Mueller. To Change the Wording to Hiring Up to 10 Seasonal 21
Hires and to Approve up to a Total of 10 Positions. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
H. Resolution 7053 Holding the Public Improvement Hearing, Ordering the 28
Project, Approving Plans and Specifications, Authorizing Advertisement for 29
Bids, and Setting a Bid Date for the Oakwood Park Improvement Project – 30
Phase 1 31
32
Public Works Director Lee reviewed the proposed Oakwood Park Improvement with the 33
Council. He then provided a drawing of the proposed park improvements for Council review. 34
35
Director Lee recommended approval of Phase I of the park improvement project. 36
37
Council Member Mueller pointed out that assessments are not proposed to the community for 38
this project and that is important. She then said that the Parks & Recreation Commission has 39
identified a need and this seems a logical location for the soccer fields. 40
41
Mayor Marty indicated that sodding allows for use of the fields sooner than seeding does for the 42
soccer fields. However, seeding resulted in a significant cost savings which he concurred with. 43
He then asked if this park would be usable at all this summer. 44
45
Mounds View City Council March 26, 2007
Regular Meeting Page 7
Director Lee indicated that there is a possibility depending upon the seeding and irrigation but 1
Staff cannot make a commitment on that. 2
3
Mayor Marty indicated that a lot of people come to Mounds View to use the parks and the kids 4
bike over so he sees this as an amenity. 5
6
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7053, 7
Ordering the Project, Approving Plans and Specifications, Authorizing the Advertisement for 8
Bids, and Setting a Bid Date for the Oakwood Park Improvement Project – Phase 1, as Amended. 9
10
Council Member Stigney indicated that his son plays disc golf and the reason they come here is 11
the charge is less than in other locations. 12
13
John Kroeger thanked Council and Staff for the park improvements. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
8. CONSENT AGENDA 18
19
A. Licenses for Approval 20
B. Schedule a Public Hearing for Monday, April 9, 2007 at 7:05 p.m. to Consider 21
a Major Subdivision for the Property Located at 8360 Long Lake Road 22
C. Schedule a Public Hearing for Monday, April 9, 2007 at 7:10 p.m. to Consider 23
Second Reading of Ordinance 787 Approving an Amendment to Chapter 1102 24
of the Mounds View Code to Define Health and Beauty Services 25
D. Resolution 7028 Adopting a Calendar for the Preparation of the 2008 Budget 26
E. Resolution 7050 Approving a Charitable Gambling License for the Mounds 27
View Community Theatre to Conduct Charitable Gambling (Bingo) at 28
Mounds View City Hall Park on Sunday, August 19, 2007 for the Mounds 29
View Festival in the Park 30
F. Resolution 7055 Approving Contracts Associated with the 2007 Tree Removal 31
and Tree Trimming Programs 32
G. Schedule a Public Hearing for Monday, April 9, 2007 at 7:15 p.m. to Consider 33
an Amendment to the Mounds View Zoning Code: Amend Chapter 1102 to 34
Define a Neighborhood Motor Fuel Station and Amend Chapter 1113 to Allow 35
a Neighborhood Motor Fuel Station as a Conditional Use in a B-2 District 36
H. Schedule a Public Hearing for Monday, April 9, 2007 at7:20 p.m. to Consider a 37
Minor Subdivision, and Conditional Use Permit for the Property Located at 38
2280 County Road I 39
40
Council Member Flaherty requested that Item D be removed for discussion. 41
42
MOTION/SECOND: Stigney/Mueller. To Approve Consent Agenda Items A, B, C, E, F, G and 43
H as Presented. 44
45
Mounds View City Council March 26, 2007
Regular Meeting Page 8
Ayes – 5 Nays – 0 Motion carried. 1
2
D. Resolution 7028 Adopting a Calendar for the Preparation of the 2008 Budget 3
4
Council Member Flaherty said that this is a very important process for the City and he wanted to 5
acknowledge that the process is beginning. 6
7
Finance Director Beer reviewed the proposed meeting schedule for Council. 8
9
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7028, a 10
Resolution Adopting a Calendar for the Preparation of the 2008 Budget. 11
12
Mayor Marty noted that the important budget meeting dates will be in the next newsletter. 13
14
Ayes – 5 Nays -0 Motion carried. 15
16
9. JUST AND CORRECT CLAIMS 17
18
Mayor Marty indicated that some pages have page numbers and some do not. 19
20
Finance Director Beer indicated that Staff will have to look into that because this is pushing out 21
the margins and leaving off the page numbers during printing. 22
23
Mayor Marty suggested looking into an Office Depot card to take advantage of percentage off 24
deals. Staff will look into it. 25
26
MOTION/SECOND: Mueller/Stigney. To Approve Just and Correct Claims as Presented. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
10. APPROVAL OF MINUTES 31
32
A. February 26, 2007, City Council Minutes 33
34
Mayor Marty said he would leave his changes for Staff. On Page 5, Line 20 it reads Ayes – 5 so 35
should read 4. Page7 Line 37 add the word brother. On Page 8, Line 39 end of the line 9/11. 36
Line 43 second to last word should be in to. Page 9, Line 22, 9/11 there again. Page 10, Line 30, 37
add the word if rather than is. Page 11, Line 36 change pay to policy. Page 14, Line 33 take out 38
and. Line 42, with Representative Betty McCollum. Page 15, Line 5 “.But” Line 11, meeting 39
representatives and senators should be plural. Line 12 add He stated he was against this. After 40
Line 13 he talked about “Mayor Marty also asked Congresswoman McCollum to address health 41
insurance at the national level…(provided to staff). All the other mayors supported his 42
recommendation. Page 16, Line 19 adjacent to the former golf course property. Line 19 add a 43
request has been made. 44
45
Mounds View City Council March 26, 2007
Regular Meeting Page 9
Council Member Mueller said that she was concerned about spelling of names of residents. She 1
then asked if someone from City Staff could look at the correct spelling of resident names and 2
noted that Amundsen is “en” not “on”. On Page 3, Line 10 Shavonic should be corrected 3
throughout. 4
5
Director Ericson noted that Staff usually tries to verify resident name spellings. 6
7
MOTION/SECOND: Marty/Hull. To Approve the February 26, 2007, City Council Minutes as 8
Amended. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
11. REPORTS 13
14
A. Reports of Mayor and Council 15
16
Mayor Marty indicated that a resident, in one of the City’s apartment complexes, has no 17
recycling bins and they called the City to ask about this as they were concerned. They conducted 18
a poll and stated that 80% polled said they would recycle if given the opportunity. This was 19
given to Director Lee to look into the situation. He then asked any apartment residents that are 20
interested to contact City Staff to work out something with the apartment complex. 21
22
Council Member Mueller said she received a letter from Mike and Helen Brant? of 5174 23
Longview Drive who were concerned about after the fact permits. The letter reminded Council 24
to protect wetlands. She then thanked them for sending the letter. She further said that the City 25
will work to try and not have after the fact permits. 26
27
Mayor Marty indicated that he was out there with Staff and, since that developer has a history of 28
lawsuits with the City, it was believed that he would file a lawsuit with the City if he was shut 29
down. He then said that the City could have shut them down for a few days, but they would have 30
been able to get the permit and proceed. He further said that he did not want to waste the City’s 31
money on a lawsuit over something that could only be stopped temporarily. 32
33
Council Member Mueller indicated that on January 22 Red Wing City Council passed an 34
ordinance to make it unlawful to have ultimate fighting within the city limits and she would like 35
to look at that before someone would come for a permit. 36
37
Mayor Marty indicated that a few years ago this was going on in backyards so that is a good idea. 38
39
Council Member Mueller said that she was wondering if Staff could look into what can be done 40
to nominate Mounds View for a 2007 municipal excellence award especially for the trail system 41
that is being done. 42
43
Council Member Mueller would like to establish and implement a pavement management 44
program and get a fund started for future repairs that are necessary. 45
Mounds View City Council March 26, 2007
Regular Meeting Page 10
1
Mayor Marty said that the Mounds View Cable Commission applied for a grant or award for next 2
year which is the 50th anniversary in hopes of putting together different programming or videos. 3
He then said that he was taking to a cable commissioner this evening and, there is old footage of 4
the Williams pipeline fire and recollections of people who lived here during the tornado of 1965, 5
available to be used for the 50th anniversary. He then thanked the Cable Committee for having 6
the foresight to do that. 7
8
Council Member Stigney suggested that Staff check with New Brighton to see if they have an 9
Ordinance on ultimate fighting. 10
11
B. Reports of Staff 12
13
City Administrator Ulrich indicated that City Staff went down and made a presentation before the 14
House Transportation Committee and they provided an opportunity to discuss the soundwall and 15
the Highway 10 corridor. 16
17
City Administrator Ulrich mentioned the article on Administrative Fines, noting the proposal that 18
went through was to prohibit, and that was amended in committee to allow cities to collect 19
administrative fines. 20
21
City Administrator Ulrich said that Council Member Mueller asked to be signed up for the safety 22
and loss control work sessions and asked other Council interested to notify staff. 23
24
City Administrator Ulrich noted that the annual League of Minnesota Cities Conference is 25
coming up. 26
27
City Administrator Ulrich indicated that the City received a mailing from Arden Hills with an 28
announcement regarding an open house on Monday, April 2, 2007, at 6:30 at the Ramsey County 29
Public Works facility at the TCAAP property. 30
31
Finance Director Beer presented the quarterly financial plan and asked for input from Council. 32
33
Mayor Marty asked for clarification of what other revenues are. 34
35
Finance Director Beer indicated that it is a miscellaneous category that has billboard revenues 36
and other types of items. 37
38
Mayor Marty asked clarifying questions concerning central services. 39
40
Finance Director Beer indicated the majority was legal services. 41
42
Mayor Marty noted that under forfeiture funds they budgeted $7,700 and the year to date 43
expenditures were $24,000. 44
45
Mounds View City Council March 26, 2007
Regular Meeting Page 11
Finance Director Beer indicated that there were other expenses in that fund outside of forfeitures. 1
2
Mayor Marty indicated the report was good and the summary page was very concise. He then 3
commented that investment income is doing well. 4
5
Community Development Director Ericson noted that there was an authorization to abate the 6
property at 2263 County Road H2. He then updated Council noting that after the 10 days had 7
expired, the crew went out and the property has been cleaned up and is compliant. Staff made 8
contact with the property owner. 9
10
Director Ericson indicated that Dan Hall would like to replace the sign but they cannot replace it 11
with the same components. Therefore, they would like to use new technology and Staff informed 12
them that the City had adopted a moratorium on new signs that would apply to him as it would be 13
an upgrade despite the fact that the sign was damaged by lightening last year. 14
15
Director Ericson said that the Code is silent on advertising off site activities and they probably 16
can do it as is being asked. Legal Staff has agreed that they cannot replace their sign using the 17
new technology. 18
19
Council Member Stigney indicated that they should be advertising their own business not some 20
other business. 21
22
Mayor Marty indicated that the first time he ran for mayor his name was on the sign but that 23
summer he talked to the Halls and Dan was complaining about costs to maintain the sign and he 24
has asked about franchise fees as it is based on electricity and the sign costs him $1,000 per 25
month. At that time he had mentioned that they were going to go LED. 26
27
Mayor Marty said that he would be willing to refer this to the work session for discussion and 28
then said that he does feel that they should be advertising for their own business on the sign. He 29
then said that it is unfortunate that a flagship business of the City is being impacted by the 30
moratorium. 31
32
Council Member Stigney indicated that there is a moratorium in place for a reason and it should 33
remain in place to allow time for the research that is necessary. 34
35
Staff will work with legal counsel on the offsite advertising for discussion at the work session. 36
37
Council Member Mueller said that Council was asking for studies on safety and she will be 38
interested in what the business owner has to say but the moratorium was put in place for a reason. 39
40
There was consensus to add it to the work session agenda for discussion. 41
42
Director Ericson reported that the final draft of the Tree Preservation Ordinance will be on the 43
Agenda for review at the work session. He then said that the building official will give a power 44
Mounds View City Council March 26, 2007
Regular Meeting Page 12
point presentation on the Code development process and discuss a couple of issues that are 1
pending that Council may wish to be aware of. 2
3
C. Reports of City Attorney 4
5
City Attorney Riggs indicated that the City has been approached again by the Silver Lake Woods 6
Condo Association to accept the private roads in that community. He then said that he responded 7
by letter today and the issue is that the roads were constructed in the early 1990s and are not to 8
City standards at this time and Council decided not to accept the roads until they have been 9
brought up to standards. 10
11
Mayor Marty noted that the Annual Town Hall meeting is Saturday, April 14, 2007 from 9:00 12
a.m. to Noon at the Community Center. 13
14
12. Next Council Work Session: Monday, April 2, 2007, at 7 p.m. 15
Next Council Meeting: Monday, April 9, 2007 at 7 p.m. 16
17
13. ADJOURNMENT 18
19
The meeting was adjourned at xx:xx p.m. 20
21
Transcribed by: 22
23
Joan Lenzmeier, Recording Secretary 24
TimeSaver Off Site Secretarial, Inc. 25
Changes made by Community Development Direc tor Jim Ericson and City Councilmember Roger Stigney
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 9, 2007 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
21
A. Monday, April 9, 2007 City Council Agenda 22
23
MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, April 9, 2007 City Council 24
Agenda as Presented. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
Nick Hammes of 5511 Quincy Street said that there is an issue with parking on Quincy Street 31
and he would like to ask if Council has done any research on the issue since it was brought to the 32
attention of the City. 33
34
Council Member Flaherty indicated that he drove by today around 11:30 a.m. and there were no 35
cars parked at that time. He then said that the police department is patrolling the area looking for 36
violators. 37
38
Mayor Marty indicated he spoke to the Chief about it and was told that the Chief was out there 39
Thursday afternoon and there were no cars parked along there at that time. 40
41
Council Member Mueller indicated that she is wondering if the best solution would be to restrict 42
parking there 24 hours per day due to the heavy traffic in the area because that would solve the 43
issue but that creates problems for residents who would want to have visitors park on the street. 44
Mounds View City Council April 9, 2007
Regular Meeting Page 2
She then said that the City needs to look at incident reports for the area during the last few years 1
that might make a no parking restriction worthy. 2
3
Mayor Marty indicated that Mr. Ulrich and Chief Sommer are going to meet with the school and 4
the officers from the school have been asked to be involved as well. The Chief has said that until 5
a week ago Monday this was not brought to his attention so he had no idea there was a problem. 6
7
Mr. Hammes said that he thinks that no stopping or parking at specific times would work better. 8
He then said that if the police could get behind this would help, as they were not interested in 9
saying anything to the people that were there. 10
11
6. SPECIAL ORDER OF BUISNESS 12
13
None. 14
15
7. COUNCIL BUSINESS 16
17
A. Public Hearing to Consider the Preliminary Plat for a Major Subdivision of 18
the Property Located at 8360 Long Lake Road 19
20
Planner Heller explained that this item was before the City previously but the recording was not 21
finalized and now the property owner has come before the City for approval of this major 22
subdivision. She then said that this is an R1 area and the three lots will exceed the minimum lot 23
size requirements and noted that the Applicant would like the option of leaving the existing home 24
on the property. 25
26
Planner Heller explained the jog in the property line noting it was done to ensure the ability to 27
maintain the 10-foot setbacks. She then said that this will add two new homes to the City and 28
possibly a third, if the person who purchases the third lot tears the existing home down and 29
rebuilds. 30
31
Planner Heller indicated that there are easements for utilities as required by Code and all three 32
lots will access onto Long Lake Road. 33
34
Planner Heller indicated that the park dedication fee was based on the addition of two lots and 35
utilities will need to be placed underground during construction. 36
37
Planner Heller indicated that one of the lots is heavily treed and the tree situation will be 38
discussed when someone comes in for a building permit. She also explained that they would be 39
asked to clean up the diseased trees on the site at that time. 40
41
Planner Heller indicated that residents were notified and there have been no concerns expressed 42
other than concern for tree loss. 43
44
Mayor Marty opened the public hearing. 45
Mounds View City Council April 9, 2007
Regular Meeting Page 3
1
Hearing no public comments, Mayor Marty closed the public hearing. 2
3
Council Member Mueller said that it appears to her that the lot to the north has a lower grade 4
than the others and she is wondering if there is a requirement that any runoff from the area will 5
stay on the property and not travel to adjoining lots. 6
7
Planner Heller indicated that it is a City requirement that no drainage can leave the property. 8
9
Council Member Flaherty said that this would be contingent upon Rice Creek Watershed 10
requirements. 11
12
Mayor Marty indicated that he remembers this from last year and was surprised that the process 13
was not completed. 14
15
Mayor Marty would like to work with the property owner to save the big trees on the lots but 16
would like to remove the diseased trees prior to the construction. 17
18
The Applicant said that they took down a lot of diseased trees except for one by the power line. 19
20
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7058, 21
Approving a Preliminary Plat for a Major Subdivision of the Property Located at 8360 Long 22
Lake Road. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
B. Public Hearing to Consider Second Reading of Ordinance 787, Approving an 27
Amendment to Chapter 1102 of the Mounds View Zoning Code to Define 28
Health and Beauty Services 29
30
Community Development Director Ericson noted this would be the second reading and adoption 31
of Ordinance 787, approving an amendment to Chapter 1102 to clarify the definition of health 32
and beauty services within the Code. He then read the proposed definition amendment. 33
34
Mayor Marty opened the public hearing. 35
36
Hearing no public comments, Mayor Marty closed the public hearing. 37
38
Council Member Flaherty said that he thought that “and the like” language was to be removed. 39
40
City Administrator Ulrich indicated that Council Member Stigney was referring to the Planning 41
Commission’s Resolution version and the page behind it is the Council Resolution for 42
consideration. 43
44
Mounds View City Council April 9, 2007
Regular Meeting Page 4
MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Adopt Ordinance 787 1
Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to Define Health 2
and Beauty Services. 3
4
Mayor Marty noted that the reason for this was that the aromatherapy license being applied for 5
was not defined by Code. He then said that he finds no grounds to deny this but, he is not 6
entirely comfortable with it. 7
8
ROLL CALL: Stigney/Marty/Mueller/Flaherty/Hull 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
C. Public Hearing to Consider the Introduction and First Reading of Ordinance 13
788, an Amendment to the Mounds View Zoning Code: Amend Chapter 1102 14
to Define a Neighborhood Motor Fuel Station and Amend Chapter 1113 to 15
Allow a Neighborhood Motor Fuel Station as a Conditional Use in a B2 16
District 17
18
Planner Heller provided an overview of the proposed amendment to the Zoning Code to define a 19
neighborhood motor fuel station. She then said that the Planning Commission was concerned 20
about changing the Comprehensive Plan for the location so the recommendation was to ask Staff 21
to make this work for The Station without requiring a zoning and comp plan change. 22
23
Planner Heller noted that the Planning Commission recommends approval of the proposed Code 24
amendment. 25
26
Mayor Marty opened the public hearing. 27
28
Hearing no public comments, Mayor Marty closed the public hearing. 29
30
Council Member Mueller asked what would happen with the Conditional Use Permit if the 31
owners wished to sell the station. 32
33
Planner Heller indicated that it would go with the property. 34
35
Council Member Mueller asked when The Station was originally established. 36
37
Planner Heller said it has been there for approximately 48 years. 38
39
Council Member Mueller asked if there is supposed to be some kind of space between the 40
property lines. 41
42
Director Ericson responded that the adjoining Fedor Market building is non-conforming as it was 43
constructed up to the property line 44
45
Mounds View City Council April 9, 2007
Regular Meeting Page 5
Mayor Marty said that the Ordinance reads no outside sale or service shall exist and gasoline 1
pumps are outside. He then said that when they upgrade they might like to do pay at the pump so 2
that maybe should be changed. 3
4
Community Development Director Ericson said that the Planning Commission discussed that 5
matter and then explained that the intent is to keep pop, pallets of salt, or other things from 6
stacking up outside and will not prevent pay at the pump. 7
8
Mayor Marty said that it would be nice if the City could get a bit of an easement on the south side 9
of the property line but, as Staff and Council have found out, that property had been there for 10
years and years and the City granted the property lines and now there is a line through a building. 11
12
Council Member Mueller said that as long as she has lived here this little commercial area has 13
been a wonderful partner to the community and it is extremely convenient for those that live in 14
the area and she is happy that they think enough of the City to expand The Station here rather 15
than leaving. 16
17
Council Member Flaherty said that this is the only property that has a property line running 18
through a building and he is in favor of making this a conforming property to conform to the 19
Code. 20
21
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Introduce the First Reading 22
of Ordinance 788, an Amendment to the Mounds View Zoning Code: Amend Chapter 1102 to 23
Define a Neighborhood Motor Fuel Station and Amend Chapter 1113 to Allow a Neighborhood 24
Motor Fuel Station as a Conditional Use in a B2 District 25
26
Council Member Stigney said that this is a good idea to fit into B2 instead of B3 and what is 27
really being done is putting in four fuel dispensing pumps to be able to fuel eight vehicles at one 28
time and that is intensifying the use so he cannot support it. 29
30
Mayor Marty said that The Station did have four pumps originally, and two were removed a few 31
years ago then, based on need, they are in need of additional pumps to accommodate more 32
vehicles to avoid creating a traffic jam. He then said that they have purchased additional 33
property to eliminate the issues on the property and allow for this expansion. 34
35
Ayes – 3 Nays – 1(Stigney) Abstain – 1(Hull) Motion carried. 36
37
D. Public Hearing to Consider a Minor Subdivision and Conditional Use Permit 38
for the Property Located at 2280 County Road I, “The Station” 39
40
Planner Heller explained that The Station is acquiring some additional property and asking for a 41
conditional use permit for a motor fuel station in a B2 district, based on the revisions to the code 42
addressed in the previous action.. 43
44
Planner Heller reviewed the minor subdivision request with the Council. 45
Mounds View City Council April 9, 2007
Regular Meeting Page 6
1
Planner Heller noted that the party wall agreement needs to be updated and that has been added 2
as a condition of approval. 3
4
Planner Heller reviewed the conditional use permit request with Council. She then noted that the 5
use will not change with this request other than the addition of the two pumps. 6
7
Mayor Marty opened the public hearing. 8
9
Hearing no public comments, Mayor Marty closed the public hearing. 10
11
Council Member Flaherty said that one thing he was looking for was any feedback from the 12
neighborhood but it seems that everyone in the area is okay with the request. He then said that 13
there is no growth in buildings but, adding the other pumps, there is only 10 feet from the 14
building to the pumps and he is wondering if there is enough room on the site for this. 15
16
Tom Manke, part owner of The Station, said that the garbage and paper recycling is in that corner 17
and that will be relocated and that will open up the turning radius in that area to allow room for 18
vehicles to get through. 19
20
Mayor Marty asked if the counter should be moved over so that the person working there would 21
be able to see the pumps to avoid drive offs. 22
23
Mr. Manke indicated that the register in that area is not used very often so they have discussed 24
having two clerks on to avoid issues with drive offs. He then said that they have not had the 25
issues with drive offs that other stores have had. 26
27
Council Member Stigney asked if the owners intend to ask for any City subsidies or loans for 28
their business. 29
30
Planner Heller responded that they requested funding via the business improvement partnership 31
program part of the process. 32
33
Council Member Flaherty asked whether the lighting would affect any one or cause issues. 34
35
Mr. Manke said that they will be increasing lighting but 8 will be spots to shine on the dispenser 36
and the other 12 will flood underneath the canopy. 37
38
Council Member Mueller said that she would like to see park dedication fees apply on this 39
project. 40
41
Mayor Marty indicated he would like to see park dedication fees on this project as well. He then 42
said that he would like to adjust the property line to allow for a five-foot easement around the 43
north end of Fedor’s Market. 44
45
Mounds View City Council April 9, 2007
Regular Meeting Page 7
Community Development Director Ericson stated that would require a major subdivision to draw 1
the lot line to the north by five feet and there would be a question of who would own that five-2
foot wide strip of land. He then said that there is an easement that would be granted as a part of 3
this approval. He further said that the Fedors could be made a party to the subdivision but The 4
Station would need to sell a portion of the property to make it work. 5
6
Mayor Marty indicated that the 60-day deadline is April 15 so there needs to be action taken. 7
8
Director Ericson indicated that Staff would request an extension, if necessary. 9
10
Mayor Marty indicated that he talked to Planner Heller about Item 4 as there are currently 17 11
parking spaces shown but it is all paved and where the one wing of the building is being removed 12
that will be paved over so he sees no issue with parking. 13
14
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7036, 15
Approving Minor Subdivision and Conditional Use Permit for the Property Located at 2280 16
County Road I, “The Station” and Include Park Dedication Fee of 10%. 17
18
Council Member Stigney commented that he is opposed to expansion of the use at this location. 19
20
Director Ericson asked for clarification as to the level of park dedication to be applied to this 21
subdivision. The Council indicated a 10% dedication would be appropriate. 22
23
Ayes – 3 Nays – 1(Stigney) Abstain – 1(Hull) Motion carried. 24
25
E. Resolution 7061, Approving an Abatement of Nuisance Code Violations 26
Associated with the Property Located at 5440 Jackson Drive 27
28
Housing Inspector Anderson appeared before Council and explained the Nuisance Code 29
violations at 5440 Jackson Drive, property owned by Michael Courtney. 30
31
Mr. Courtney indicated that everyone has been courteous to him throughout the process and fair. 32
He then said that he is trying to get things in his life situated and now he is unemployed and there 33
have been deaths in the family so there are a lot of items that he does not want to see be thrown 34
away. He further said that he got tabs for several of the vehicles and the Uhaul has everything 35
that he owns for his job that he no longer has and he has made arrangements to get rid of two 36
vehicles in the back yard but the pop machine is operational and he does not see a reason to get 37
rid of it. 38
39
Mr. Courtney said that he needs to fix things and would like time to do it. 40
41
Council Member Mueller asked how long Mr. Courtney has been in the City. 42
43
Mr. Courtney indicated he has been here since 1994. 44
45
Mounds View City Council April 9, 2007
Regular Meeting Page 8
Council Member Mueller said that there have been issues since he moved to the City. She then 1
asked how many vehicles are in the yard and she is wondering why there are so many and if they 2
are being used for parts for others. 3
4
Mr. Courtney indicated that he has 7 and all of them run but they are not all licensed and insured. 5
6
Council Member Mueller asked if Mr. Courtney sees a solution to remove some of the clutter. 7
8
Mr. Courtney said that the solution would be to get rid of it but it is easier said than done. 9
10
Council Member Flaherty said that he feels for Mr. Courtney’s losses as he has recently dealt 11
with that. He then said that there has been 11 or 12 years of noncompliance with the City’s 12
Code. He further said that this is not because the City wants to be a bad guy but the neighbors 13
and the people that drive by the house are asking what is going on and why the rules are not 14
being followed. 15
16
Council Member Flaherty asked if Mr. Courtney understands what the abatement is and what 17
will happen. 18
19
Mr. Courtney said that he does understand. He then said that this is more an issue of being burnt 20
out and not able to deal with it and it may be good to wash it all clean and move on. 21
22
Mr. Courtney asked for a chance to make some improvement at the property. 23
24
Mayor Marty said that there is a long history with this property dating back to 1994. He then said 25
that there are 20 code violation cases opened, three court citations, and this has been chronic for 26
way too long. He further noted that the Staff report states that back in August of 2000 the 27
residents of Mounds View had identified code enforcement as a key component for maintaining 28
property values and eliminating blight. The City spent a lot of money on Focus 2000. 29
30
Mayor Marty said that, as Mayor, he gets calls sometimes weekly but at least every month from 31
residents on code compliance issues. He then said that he discussed this with Staff and it has 32
been an issue with the previous Councils. He further said that he would like to have Council 33
discuss adding a summer worker assigned to Code compliance. 34
35
36
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7061, 37
Approving an Abatement of Nuisance Code Violations Associated with the Property Located at 38
5440 Jackson Drive. 39
40
Council Member Hull asked if 10 days would be enough time to get things done. 41
42
Mayor Marty indicated that notice was provided prior to this Council meeting. 43
44
Mounds View City Council April 9, 2007
Regular Meeting Page 9
Council Member Mueller said that Mr. Courtney knows what is expected and this needs to be 1
done. 2
3
Council Member Stigney said that he has not heard Mr. Courtney state how he would remedy this 4
situation and how long it would take and, unless he does hear that, he would see no reason to 5
allow for anything other than the standard requirements. 6
7
Mr. Courtney said that he has already started on the clean up and he can get it done within the 10 8
days and there will not be much left at the end of the 10 days. 9
10
Council Member Stigney indicated that as he reads the Resolution he has five days unless that is 11
amended. 12
13
Housing Inspector Anderson explained that the reality of the situation will require planning and it 14
will take at least five business days to work out the plan so he is comfortable with the wording 15
but it would also be fine to include a date specific. 16
17
Council Member Flaherty would like to leave the wording as it is to make things consistent. 18
19
Ayes – 5 Nays – 0 Motion carried. 20
21
F. Resolution 7043, Approving an Outdoor Consumption Endorsement for 22
Moe’s Located at 2400 County Highway 10 in Mounds View 23
24
Community Development Director Ericson indicated that this is a renewal request for outdoor 25
consumption for serving outside at Moe’s. There was an additional request discussed regarding 26
an outdoor event planned in June but, the only requirement for those events, is that they be 27
compliant with City Code including parking, noise, and licensing. 28
29
Director Ericson read the requirements for the outside event. 30
31
Council Member Flaherty would like the outdoor event with the band separated from the outdoor 32
consumption license. 33
34
The Applicant indicated that this is a family friendly activity and they have done this for 14 years 35
in a different location. He then said that he would like to make an arrangement to get the 36
approval for the June event because the community looks forward to it. 37
38
Mayor Marty recommended separating out the outdoor consumption endorsement from the 39
outdoor events and asked Staff to research it and have the Planning Commission review it and 40
provide feedback to Council. 41
42
Council Member Stigney asked what hours the outdoor event would be. 43
44
The Applicant indicated that they usually schedule it from 4:00 p.m. to 10:00 p.m. 45
Mounds View City Council April 9, 2007
Regular Meeting Page 10
1
Council Member Mueller asked how consumption by minors is controlled. 2
3
The Applicant indicated that everyone is identified by Staff or off duty officers and then wrist 4
bands are provided. 5
6
Staff was asked to draft a policy regarding handling outdoor events. 7
8
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7043 9
Approving an Outdoor Consumption Endorsement for Moe’s Located at 2400 County Highway 10
10 in Mounds View as Amended to Remove the Outdoor Event Information. 11
12
Council Member Flaherty asked where that leaves Moe’s request for special event permit. 13
14
Council asked that the special event permit for Moe’s be added to the Consent Agenda for the 15
next meeting. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
G. Resolution 7047, Approving an Off Sale 3.2 Percent Malt Liquor License for 20
Aldi’s Located at 2537 County Highway 10 in Mounds View 21
22
Community Development Director Ericson said that this item was discussed at the previous 23
Council meeting and a question was raised on the distance to the Church and schools. Staff did 24
some research for other communities and how they treat separation from other types of uses. 25
Some do separate and some do not. He then said that he asked Aldi what percent of sales the 26
alcohol would be and what they do sell and it is wine and a small percentage. 27
28
Director Ericson indicated that the attorney has revised the code and in his opinion, How the 29
measurement is computed is entirely up to Council. 30
31
Director Ericson indicated that Council Members are invited to the Aldi ribbon cutting on May 1, 32
2007 when Aldi’s opens. 33
34
Council Member Mueller said that they have to comply with the Ramsey County liquor 35
dispensing hours. 36
37
Council Member Flaherty said that he thinks the bigger issue is going back and looking at what 38
the setback requirement should be and there is a nonconforming business in Mounds View 39
Square already. 40
41
Mayor Marty said that going building to building does not work and front door to front door 42
does not work. He then said that Big Top is at the other end of the building. He further 43
commented that due to the proximity of the church he does not feel comfortable with approval of 44
this. He also noted that not all Aldi stores sell alcohol. 45
Mounds View City Council April 9, 2007
Regular Meeting Page 11
1
MOTION/SECOND: Marty/Stigney. To Deny Resolution 7047, Approving an Off Sale 3.2 2
Percent Malt Liquor License for Aldi’s Located at 2537 County Highway 10 in Mounds View. 3
4
Council Member Stigney thanked staff for the innovative measuring techniques but said that this 5
situation does not fit the current rules and, unless the rules are changed, this does not work. 6
7
Ayes – 4 Nays – 0 Abstain – 1(Mueller) Motion carried. 8
9
This item will be back on a work session to discuss the Code requirements. 10
11
H. Resolution 7056, Approving the 2006 – 2007 Labor Agreement with the 12
Public Works Collective Bargaining Unit 13
14
City Administrator Ulrich explained that this item was reviewed by Council and then reviewed 15
the Labor Agreement for Council. 16
17
MOTION/SECOND: Stigney/Flaherty. To Waive the Reading and Approve Resolution 7056 18
Approving the 2006- 2007 Labor Agreement with the Public Works Collective Bargaining Unit. 19
20
Council Member Stigney said that he hopes that the 2008 – 2009 agreement can be quickly 21
negotiated with only minor changes. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
I. Resolution 7060, Approving an On-Premises Sign Permit for the Mermaid at 26
2200 County Road 10 27
28
Community Development Director Ericson indicated that Council discussed this item at the work 29
session as there was a moratorium set in place to prevent new electronic signs in the City. The 30
Mermaid is looking at replacing their sign as the old sign is unable to be serviced. 31
32
Director Ericson reviewed the requirements of Resolution 7060 with Council. 33
34
MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7060, 35
Approving an On-Premises Sign Permit for the Mermaid at 2200 County Road 10. 36
37
Council Member Stigney said that his comments at the work session were that there is a 38
moratorium in effect to deal with public safety and Staff plans to bring results of the study in the 39
spring. He then said that he is not in favor of grandfathering someone in and waive any 40
requirements that may be made. 41
42
MOTION/SECOND: Stigney/Mueller. To Amend the Resolution to Require an Additional 43
Condition that the Business Owner will be Required to Comply with any Changes Made to the 44
Sign Ordinance Following the Existing Moratorium. 45
Mounds View City Council April 9, 2007
Regular Meeting Page 12
1
Council Member Flaherty said that under that premise he is wondering if Walgreen’s will have to 2
come back or the City’s sign or any of them if there are changes made to the sign Ordinance. 3
4
Council Member Stigney indicated that none of the other signs have new LED technology and, 5
whatever the City comes up with for safety, he does not think that any of the other signs will 6
have an issue. 7
8
Mayor Marty noted that the requirements are that the sign regulations will be amended if there 9
are any issues identified by the City for safety. 10
11
Mayor Marty would like to add a number 8 that any changes or directives from the League of 12
Minnesota Cities or the City will be addressed at a later date. 13
14
Council Member Flaherty suggested modifying number 5 to add existing or updated codes. 15
16
Mayor Marty suggested language for content and/or regulations. 17
18
Director Ericson said it would be cleaner to add a number 8 that states that the owner will be 19
required to make any necessary changes to the sign based on any changes to the sign ordinance 20
after the moratorium. 21
22
The motion and second agreed to the amendment. 23
24
Ayes – 5 Nays – 0 Motion to amend the Resolution as indicated carried. 25
26
Ayes – 5 Nays – 0 Motion to approve the Resolution carried. 27
28
J. Resolution 7063, Awarding a Construction Contract for the Oakwood Park 29
Improvement Project – Phase 1 30
31
Public Works Director Lee addressed Council and explained that bids were received and the 32
Staffing report was updated to include the low bidder of Peterson Companies. He then explained 33
what the project includes and noted that the bids were very favorable. 34
35
MOTION/SECOND: Mueller/Marty. To Waive the Reading and Approve Resolution 7063, 36
Awarding a Construction Contract for the Oakwood Park Improvement Project – Phase 1. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
K. Resolution 7064, Approving Change Order No. 37 for the City Hall 41
Rehabilitation Project 42
43
Mounds View City Council April 9, 2007
Regular Meeting Page 13
Public Works Director Lee noted that this would be the final change order for the City Hall 1
rehabilitation project noting that these items were discussed back in November and now the 2
details have been finalized. 3
4
Council Member Flaherty indicated he cannot support these, particularly the piping insulation as 5
it should have been in the contract, if it is needed. 6
7
Council Member Stigney said that the City paid the architect to make sure that everything went 8
smoothly so he agrees with Council Member Flaherty. He then said that he would like to know 9
where the budget for this project is. 10
11
Public Works Director Lee indicated that in November of 2006 Staff laid out the estimated costs 12
for the project and the change orders were approximately $140,000 with these items accounted 13
for in that estimate. He then said that he does not have the exact amount for the project but can 14
provide that. He also noted that there is some grading to be done but the project is within budget. 15
16
Council Member Stigney asked for a status on the outdoor signage. 17
18
Public Works Director Lee indicated that SEH is working on it and has said that it would take 19
approximately six weeks or so. 20
21
Mayor Marty indicated that he is not going along with these change orders either because they 22
were totally unnecessary and the air conditioning company knocked off only $47.00 on a $2,000 23
bill and that is ridiculous. 24
25
Council Member Flaherty indicated that he agrees that it is a legitimate cost but, the City 26
approved the coils at a certain amount of money and, if it was required, then it should have been 27
in the original proposal. 28
29
Council Member Mueller said that a quoted price is a quoted price and they should have gotten 30
Council approval or be prepared to throw it in for no cost. 31
32
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Deny Resolution 7064 33
Approving Change Order No. 37 for the City Hall Rehabilitation Project. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
8. CONSENT AGENDA 38
39
A. Licenses for Approval 40
B. Set a Public Hearing for Monday, April 23, 2007 at 7:05 p.m. to Consider an 41
Interim Use Permit (IUP) for a Billboard on Outlot A, Sysco Second Addition 42
C. Authorizing Insurance Policies for the Year January 1, 2007 through December 43
31, 2007 44
Mounds View City Council April 9, 2007
Regular Meeting Page 14
D. Resolution 7065, Authorize the Preparation of a Preliminary Feasibility Report 1
and Consultant Selection for the 2007 Seal Coat Project 2
E. Set a Public Hearing for Monday, April 23, 2007 at 7:10 p.m. to Consider the 3
Second Reading of Ordinance 788 Approving Amendments to Chapters 1102 & 4
1113 of the Mounds View Zoning Code to Define Neighborhood Motor Fuel 5
Station and Allow a Neighborhood Motor Fuel Station as a Conditional Use in 6
B2 Zoning Districts 7
8
Council Member Flaherty requested that Item C be removed for discussion. 9
10
Council Member Mueller requested that Item B be removed for discussion. 11
12
MOTION/SECOND: Marty/Flaherty. To Approve Consent Agenda Items D and E as Presented. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
Council realized that Council Member Mueller had said D not B. 17
18
B. Set a Public Hearing for Monday, April 23, 2007 at 7:05 p.m. to Consider an 19
Interim Use Permit (IUP) Application for a Billboard on Outlot A, Sysco 20
Second Addition 21
22
MOTION/SECOND: Marty/Mueller. To Approve Consent Agenda Item B as Presented. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
C. Resolution 7062 Authorizing Insurance Policies for the Year January 1, 27
2007 through December 31, 2007 28
29
Council Member Flaherty said that he thinks it is important that the residents understand what 30
the Council does throughout the year and this is the insurance policies that have to be considered 31
each year and he would like Staff to provide an explanation. 32
33
Finance Director Beer provided an overview of the City’s insurance policies for Council and 34
residents. 35
36
MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Approve Resolution 7062 37
Authorizing Insurance Policies for the Year January 1, 2007 through December 31, 2007. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
D. Resolution 7065 Authorize the Preparation of a Preliminary Feasibility 42
Report and Consultant Selection for the 2007 Seal Coat Project 43
44
Council Member Mueller would like to have information on where this project is and what to 45
Mounds View City Council April 9, 2007
Regular Meeting Page 15
expect for future seal coating projects. 1
2
Public Works Director Lee provided an explanation. 3
4
Council Member Stigney asked why, if the City knows which roads it wants to do, a consultant is 5
necessary. He then asked why Staff cannot drive the roads and decide which ones should be seal 6
coated rather than having BRAA study it. 7
8
Public Works Director Lee explained that the feasibility report for a seal coat project is very 9
minimal and will consist of maybe five pages explaining what streets are being done, square 10
yardage of the streets, and quantity and quality of material. 11
12
Council Member Stigney asked what the cost for preparation would be. 13
14
Public Works Director Lee indicated that it would be charged by the time that it takes. 15
16
Council Member Stigney asked why there is a need for this. 17
18
Public Works Director Lee said that they would put together the specifications for the project and 19
determine the streets to do and what materials to use. He then said that it would not be cost 20
effective to have Staff do it. 21
22
City Administrator Ulrich asked Staff for a cost not to exceed figure. 23
24
Public Works Director Lee indicated that Bonestroo would be paid for the amount of time that it 25
takes to prepare the document. He then said that the consultant can do this much more efficiently 26
than City Staff can do it. 27
28
Council Member Stigney would like a dollar amount listed in the Resolution rather than leaving 29
it open ended. 30
31
Council Member Flaherty said that the document from BRAA would be the only thing that the 32
City has to ensure what it will receive from the contractor. 33
34
Council Member Stigney asked whether this will be for the entire City or for the project area. 35
36
Public Works Director Lee indicated that this is a simple process and they spend minimal time to 37
put together the report. He then said that the study will be for the project area only at this time. 38
39
Council Member Stigney said that he would like to know what the costs will be. 40
41
9. JUST AND CORRECT CLAIMS 42
43
Finance Director Beer indicated that a new report was included that is more brief with less clutter 44
and Staff is seeking direction on the preferred format. 45
Mounds View City Council April 9, 2007
Regular Meeting Page 16
1
Council Member Mueller asked about the expense for Little Falls Machine, Inc., and what it was 2
for. 3
4
Mayor Marty indicated it was for parts for a loader. 5
6
Council Member Mueller asked what the expense for Visit Minneapolis North was for. 7
8
Finance Director Beer explained that is the lodging tax that the City gets to keep a portion of and 9
sends the rest on. 10
11
MOTION/SECOND: Marty/Mueller. To Approve Just and Correct Claims as Presented. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
10. APPROVAL OF MINUTES 16
17
A. March 12, 2007 18
19
Mayor Marty said that he handed in his corrections to City Staff. 20
21
Council Member Mueller indicated that she called in her corrections. 22
23
MOTION/SECOND: Mueller/Flaherty. To Approve the March 12, 2007 Minutes as Amended. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
11. REPORTS 28
29
A. Reports of Mayor and Council 30
31
Mayor Marty noted the Town Hall Meeting is Saturday, April 14, 2007 from 9:00 a.m. to 12:00 32
noon followed by a bus tour of the City. He then said that the DARE graduation is tomorrow 33
night, April 10, 2007, at 6:00 p.m. at the Community Center. 34
35
Mayor Marty noted that Governor Pawlenty will be at the Mermaid on April 12, 2007 from 7:30 36
a.m. to 8:30 a.m. for a Chamber of Commerce breakfast that is open to the public. 37
38
Council Member Stigney would like to freeze the Business Improvement Partnership Loan 39
Program until the issue is resolved by the EDA. 40
41
Council agreed. 42
43
Mayor Marty would like to consider hiring an intern or seasonal summer worker to work on 44
Code enforcement. 45
Mounds View City Council April 9, 2007
Regular Meeting Page 17
1
The Council was fine with bringing the matter to the work session for discussion. 2
3
Council Member Mueller asked if the bus ride is still on after the town hall meeting. 4
5
Mayor Marty indicated that it is. 6
7
Council Member Mueller asked where the Staff is at on the ultimate fighting issue. 8
9
Director Ericson indicated that Staff has discussed the issue and begun work on research from 10
other communities. 11
12
Council Member Flaherty asked for a report on the Quincy Street parking at the next work 13
session. 14
15
B. Reports of Staff 16
17
City Administrator Ulrich reported that there would be a meeting of the Street Reconstruction 18
Task Force on Monday, April 16, 2007 at 5:30 p.m. in Council Chambers. 19
20
C. Reports of City Attorney 21
22
None. 23
24
12. Next Council Work Session: Monday, May 7, 2007, at 7 p.m. 25
Town Hall Meeting: Saturday, April 14, 2007 at 9:00 a.m. to 12:00 26
Noon 27
Next Council Meeting: Monday, April 23, 2007 at 7 p.m. 28
29
13. ADJOURNMENT 30
31
The meeting was adjourned at 10:20 p.m. 32
33
Transcribed by: 34
35
Joan Lenzmeier, Recording Secretary 36
TimeSaver Off Site Secretarial, Inc. 37
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Executive Session
Date: 04/09/07
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
Time: 5:30pm
1. 5:30pm EXECUTIVE SESSION IS CALLED TO ORDER
2. ROLL CALL:
Mayor Marty, Council Members Stigney, Flaherty, Mueller and Hull. City
Administrator Kurt Ulrich also present.
3. DISCUSS UNION NEGOTIATIONS
City Staff reviewed and discussed the status of current union contract negotiations
with the Council. It was the consensus to consider the proposed Public Works
Union contract on the agenda of the regular meeting immediately following the
Executive Session.
4. 6:11pm MEETING ADJOURNED
Respectfully Submitted:
Kurt Ulrich
City Administrator
RESOLUTION 7077
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING ABATEMENT OF NUISANCE CODE VIOLATIONS AT 5232 SKIBA DRIVE, MOUNDS VIEW, MINNESOTA, 55112.
WHEREAS, Michael R. Olin is the owner of property located at 5232 Skiba Dr, zoned R-
1, Single Family Residential, legally described as follows: RANDOM’S FIRST ADDITION LOT 8 BLOCK 2
WHEREAS, on March 26, 2007, staff inspected the property located at 5232 Skiba Dr in
response to information received regarding exterior accumulations of junk and debris
WHEREAS, a notice of violation was issued to Michael R. Olin dated March 26, 2007
staff requested corrective actions completed to bring the property into compliance with Sections
607.03 Subd. 1a; 607.03 Subd. 1h and 607.03 Subd. 3c. of the Nuisance Code by April 2, 2007;
WHEREAS, on April 9, 2007 staff performed a follow up inspection of the property
located at 5232 Skiba Drive to verify corrective actions were completed and found corrective
actions had not been completed; and
WHEREAS, on April 9, 2007, staff issued Michael R. Olin two Administrative Citations
for violation of City Ordinance Requirements; and
WHEREAS Michael R. Olin is responsible for maintaining Nuisance Code violations on
the exterior of the above-said property that include, but are not limited to:
1. Deteriorated above ground swimming pool.
2. Exterior accumulation of old machinery, junk, furniture, and household furnishings.
3. Exterior accumulation of rubbish and trash.
WHEREAS, the City Council finds that the nuisance code violations at 5232 Skiba
constitute a Public Nuisance under Section 607.03 Subd 1a; 607.03 Subd. 1h; and 607.03 Subd.
3c and the City may abate and assess the costs of said abatement against the property pursuant to
Minn. Stat. 429.101; and
WHEREAS, the City has complied with the notification requirement for nuisance
abatement as stated in Section 607.09, Subd. 5b of the Mounds View Municipal Code; and
WHEREAS, NAME, property owner of 5232 Skiba Drive, will be personally liable to the
City for the costs of such abatement, including administrative costs pursuant to Section 607.09,
Subd. 7 of the Mounds View Municipal Code; and
WHEREAS, if the property owners fail to pay the cost, after being duly notified, of the
abatement of nuisance code violations at 5232 Skiba within 30 days after the date of the invoice,
Resolution No. 7077
Page 2
the City may certify the unpaid costs against the property pursuant to Section 607.09, Subd. 8 of
the Mounds View Municipal Code.
NOW THEREFORE, BE IT RESOLVED THAT:
The City will abate violations of Chapter 607 of the City Code no sooner than 5 calendar days
and no later than 10 calendar days as follows.
1. The City Council authorizes City staff to complete any actions necessary to achieve
compliance with the City Code with respect to violations of Section 607.03 Subd 1a;
607.03 Subd. 1h; and 607.03 Subd. 3c
2. Michael R. Olin shall be personally liable to the City for the costs of abatement, including
administrative costs and reasonable storage costs.
3. Any unpaid portion of the abatement costs after 30 days of the date on the invoice may be
certified as special assessments against the property upon a duly called hearing and
pursuant to Section 607.09, Subd. 8 of the Mounds View Municipal Code.
Adopted this 29th day of May, 2007
____________________________________
Rob Marty, Mayor
ATTEST:
____________________________________
Kurt Ulrich, City Clerk/Administrator
(seal)