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HomeMy WebLinkAboutAgenda Packets - 2007/08/13CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, August 13, 2007 6:00 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. 2008 Budget Discussion 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing Resolution 7128 for a Conditional Use Permit for an Oversize Garage at 8290 Sunnyside Road B. 7:10 pm Public Hearing Resolution 7129 to Consider Preliminary Plat for the Abiding Savior Major Subdivision of 8184 Eastwood Road and 8211 Red Oak Drive. C. Resolution 7138 Appointing a Candidate to the Position of Cable Television Coordinator. D. Introduction and First Reading of Ordinance 794, an Ordinance Amending Chapter 1009 of the Mounds View City Code Pertaining to Swimming Pool Fences E. Resolution 7136 Approving a Wetland Buffer Permit for the Clear Channel Billboard on Sysco Outlot A F. Resolution 7137 Resolution Authorizing the Mounds View Police Department to Enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the Safe and Sober Project from October 1, 2007 to September 30, 2008. G. Introduction and First Reading of Ordinance 796, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2008. H. Introduction and First Reading of Ordinance 797, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2008. I. Resolution 7139 Authorizing a Step Increase for Dave Olsen, Part Time Cable TV Technician, Mark Beer, Finance Director, and Officer Nicholas Erickson, Mounds View Police Department. J. Introduction and First Reading of Ordinance 795, an Ordinance Amending Chapter 1001, Building Code. K. Resolution 7135, Setting an Interest Rate and Administrative Fee for Special Assessments Certified During 2007. City Council Agenda August 13, 2007 Page 2 7. COUNCIL BUSINESS continued.. L. Resolution 7140 Authorizing the Preparation of an Updated Preliminary Feasibility Report for the 2008 Street and Utility Improvement Project M. Resolution 7141 Approving a Contract with DNR Construction Services Incorporated for Door Replacement at Treatment Plant No. 1 N. Resolution 7142 Implementing Tier II Water Sprinkling and Irrigation Regulations 8. CONSENT AGENDA A. Item Deleted B. Resolution 7115, Approving an Amusement Devices and Centers Business License for Premier Game Company, Doing Business at the Mermaid, 2200 County Highway 10 C. Resolution 7130 Renumbering Incorrectly Numbered Resolutions 8002, 8003, 8004 and 8005 to Resolutions 7131, 7132, 7133 and 7134, Respectively. D. Set a Public Hearing for August 27, 2007 at 7:05 pm for the Second Reading and Adoption of Ordinance 796, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2008. E. Set a Public Hearing for August 27, 2007 at 7:10 pm for the Second Reading and Adoption of Ordinance 797, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2008. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 9, 2007 and July 23, 2007 City Council Minutes will be approved at the next City Council Meeting. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Tuesday, September 4, 2007 @ 7:00 pm Next Council Meeting: Monday, August 27, 2007 @ 7:00 pm Item No: 7A Meeting Date: August 13, 2007 Type of Business: Public Hearing City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for an Oversized Garage at 8290 Sunnyside Road; Planning Case No. CU2007-004 Introduction: The applicants, Tim Clemons and Collette O’Donovan, are requesting approval of a conditional use permit for an oversized detached garage on their property at 8290 Sunnyside Road. They would like to add a 22’x24’ addition to the east side of the existing garage. The current garage size is 32 feet wide, 24 feet deep and 768 square feet. With the new addition the garage would be 54 feet wide and 24 feet deep with a total square footage of 1,296. The plot plan submitted indicates a garage area in excess of what is allowed without a conditional use permit. Accessory buildings, attached or detached, are limited to 952 square feet. Anything beyond 952 square feet must go through a conditional use permit application process. Oversize garages are limited to being 35 feet wide, and anything beyond 35 feet in width must go through the variance process. On Wednesday, July 25, 2007, the Planning Commission unanimously approved a variance for the garage to be 54 feet wide. Discussion Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings and the backyard coverage ratio of accessory buildings. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance with the home, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The City Council is required to review the possible adverse effects of the requested conditional use. Discussion: Except for the width, the request for a Conditional Use Permit to construct the 1,296 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. All setback requirements would be satisfied with this request. 8290 Sunnyside CUP Request August 13, 2007 Page 2 The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 8290 Sunnyside Road, as low-density residential. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The garage will be expanded in order for the applicant to be able to store their vehicles indoors, which will be a benefit to the neighborhood. The Geographical Area Involved. The home is located on the north end of Sunnyside Road, setback further than the neighboring homes and on a wooded lot. During the summer months, the house and garage are not visible from the street. During the winter, only the east end of the garage may be slightly visible through the trees. In this case, the proposed oversized garage would not be noticeable or out of place in the neighborhood. This garage should not affect any neighboring properties. Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the construction would increase the “value” of the property. Increased property values are of course a benefit to everyone. The Character of the Surrounding Area. Sunnyside Road is entirely single family residential. The homes in this area are a variety of styles and ages and most have large lots. The proposed garage would not be out of character in this area since the garage is placed sideways on the lot and the extra width would not be seen from the street. This property is about 256 feet deep, so the new garage should not affect any neighbors. The expanded garage would not change the current front look of the house. The Demonstrated Need for Such a Use. The applicants have recreational vehicles along with a few regular vehicles and would like to store them indoors and out of sight. CUP Summary: Since a variance for the width has been granted, all zoning and code issues are satisfied with this request. 8290 Sunnyside CUP Request August 13, 2007 Page 3 Public Notice Public hearing notices were mailed to all property owners within 350 feet of 8290 Sunnyside Road, and a notice was published in the Bulletin newspaper on August 1, 2007. Staff received one letter of support from the neighbor to the north, which is included in this staff report, and a phone call from the neighbor to the south indicating that she was supportive of this garage expansion. Recommendations: After taking testimony from staff and the property owner, and holding the public hearing, the City Council may take one of the following actions related to the request: 1. Approve the conditional use permit for a 1,296 square foot garage. Resolution 7128 is attached if the Council chooses this action. 2. Recommend denial of the conditional use permit. If the Council selects this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Because of 60-day requirements, the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. The 60 day deadline is September 4, 2007. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Aerial View 3. Zoning Map 4. Photographic Documentation 5. Letter from neighbor at 8310 Sunnyside Road 6. Planning Commission Resolution 870-07 7. Resolution 7128 Aerial View 8290 Sunnyside Road Current garage 32’w’ x 24d’ Setback from street approximately 90 feet House Driveway North New expanded garage total dimensions 54’w x 24’d NOT TO SCALE Zoning Map Abiding Savior Lutheran Church Properties not bearing a designation are zoned R-1, Single Family Residential Photographic Documentation View of 8290 Sunnyside from across the street View of 8290 Sunnyside from NE corner of lot - corner of driveway & street. House is visible, garage is behind the trees Existing Garage View from front door looking towards the street Existing Garage The expanded garage would extend to approximately the wood fence MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 870-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,296 SQUARE-FOOT GARAGE AND APPROVING A VARIANCE FOR A 54 FOOT WIDE GARAGE AT 8290 SUNNYSIDE ROAD; PLANNING CASE NOs. CU2007-004 & VR2007-001 WHEREAS, property owners Tim Clemons and Collette O’Donovan have applied for a conditional use permit and a variance to construct a 54’ wide x 24’ deep, 1,296 square foot garage; and, WHEREAS, the subject property, located at 8290 Sunnyside Road, is zoned R-1, Single Family residential, and is legally described as follows: Section 6, Town 30, Range 23, except the west 240 feet. The east 528 feet of the west 1056 feet of the north 90 feet of the south 1620 feet of the NE ¼ (Subject to Rd) in Section 6, Town 30, Range 23, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Mounds View Zoning Code restricts the width of oversized garages to 35 feet or less; and, WHEREAS, the proposed expanded garage would be 1,296 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the proposed garage would be 54 feet in width, 19 feet beyond that which is allowed for an oversized garage, necessitating application of a variance; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Aerial View c. Zoning Map d. Photographic documentation e. Staff Report WHEREAS, the Planning Commission held a duly noticed public hearing regarding the variance and conditional use permit requests on Wednesday, July 25, 2007. Resolution 870-07 CUP & VR 8290 Sunnyside Rd. Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. Other than the width, the proposed oversized 1,296 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Mounds View Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate such a structure. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the variance request: 1. The property is located on Sunnyside Road with the house and garage being setback further than the neighboring homes. The structures cannot be seen from the street due to the heavy tree cover on the lot. The proposed garage would allow the homeowners more indoor storage for their vehicles. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that most property owners could expand the garage to the rear, but due to the garage being built sideways on the lot and being located close to the side property line, the applicants have limited options. 3 The special circumstances or conditions do not result from the applicants in that Mr. Clemons and Ms. O’Donovan had no control over how the garage was placed on the lot before they purchased the property. 4. Granting the variance requested would not confer on the applicant any special privilege in that most garages are not set sideways on the property. 5. The requested 19 foot variance is the minimum amount necessary to alleviate the applicant’s hardship. Economic conditions do not enter into the need for a variance in this case. Resolution 870-07 CUP & VR 8290 Sunnyside Rd. Page 3 6. The variance requested would not be materially detrimental to the purpose of the Code or to other properties in the vicinity. The spirit and intent of the Code is preserved. 7. Granting the variance would not impair an adequate supply of light and air to adjacent properties, would not increase the congestion of the public streets, would not increase the danger of fire or endanger the public safety and would not diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission approves the requested variance for a 54 foot wide garage and recommends approval of the conditional use permit for the 1,296 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing garage and house. 3. The Conditional Use Permit (CUP) and Variance (VR) shall become null and void if the work for which the CUP and VR were granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 25th day of July, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ James Ericson, Community Development Director (SEAL) RESOLUTION NO. 7128 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,296 SQUARE-FOOT GARAGE AT 8290 SUNNYSIDE ROAD; PLANNING CASE NO CU2007-004 WHEREAS, property owners, Tim Clemons and Collette O’Donovan, have applied for a conditional use permit to construct a 1,296 square foot garage attached to their home located at 8290 Sunnyside Road; and, WHEREAS, the subject property is zoned R-1, Single Family Residential, and is legally described as follows: Section 6, Town 30, Range 23, except the west 240 feet. The east 528 feet of the west 1056 feet of the north 90 feet of the south 1620 feet of the NE ¼ (Subject to Rd) in Section 6, Town 30, Range 23, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,296 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Aerial View Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the Planning Commission heard the case regarding this conditional use permit request on Wednesday, July 25, 2007 and recommended approval of the CUP to the City Council as outlined in their Resolution 870-07; and, WHEREAS, the Mounds View City Council held a public hearing regarding the conditional use permit request on Monday, August 13, 2007. Resolution 7128 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,296 square foot garage satisfies the requirements as outlined in Chapters 1104 and 1106 the Zoning Code. The Planning Commission approved a variance allowing the 54 foot width for the garage. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the building design, character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the conditional use permit for the 1,296 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. Adopted this 13th day of August, 2007. _____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 7B Meeting Date: August 13, 2007 Type of Business: PH & CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Consideration of a Major Subdivision of 8184 Eastwood Road; Planning Case MA2007-002 Introduction: Abiding Savior Lutheran Church (the “Church”) is the owner of 8184 Eastwood Road, a 50,965 square foot residential parcel improved with a one-story home and attached single- stall garage. The parcel is adjacent to the Church’s 6.31 acre tract of land addressed at 8211 Red Oak Drive. The Church has submitted a major subdivision application to split the home and 16,025 square feet of the Eastwood Road parcel, attaching the remaining 34,940 square feet to the larger Church property located at 8211 Red Oak Drive. As a result of the proposed subdivision, the total acreage of the Red Oak Drive parcel would increase from 6.31 acres to 7.12 acres. The Church has previously expressed a desire to develop a senior residential facility on the property, however the requested subdivision does nothing to further this goal. (A subsequent major subdivision would be required, among other planning actions, to proceed with such a development.) The Church intends to sell the home on Eastwood Road upon approval of the requested subdivision. The Church has submitted a preliminary plat and final plat which illustrates the proposed subdivision of 8184 Eastwood Road and has submitted the necessary title commitment which has been forwarded to the City Attorney for review. Previously: In December of last year, the Church requested approval of a minor subdivision of the property located at 8184 Eastwood Road. The City Council ultimately denied the request finding that the proposal could not be considered a minor subdivision due to the acreage involved. The Council’s resolution of denial was approved on February 12, 2007. Discussion: A major subdivision is a division of land involving more than two acres of land area or one that creates more than two lots. In this case, the affected area totals approximately 7.49 acres and involves two parcels—8211 Red Oak Drive and 8184 Eastwood Road. Major subdivisions are accomplished by a plat, usually a two-step process by which a preliminary plat is considered followed afterward by a final plat. Major subdivisions require a public hearing. Both parcels are zoned R-1, Single Family Residential. The Comprehensive Plan designates the Eastwood Road parcel as Single-Family Detached while the Red Oak Drive parcel is designated Institutional, in recognition of the existing Church facility. The land added to the Red Oak Drive parcel would not be able to be built upon by the Church except through approval of a Comprehensive Plan amendment. Abiding Savior Report Aug 13, 2007 Page 2 Subdivision Requirements The minimum lot area required for a single family home is 11,000 square feet and the minimum lot width is 75 feet. The Eastwood Road parcel, identified as Lot 2 on the submitted plat, would have a remaining area of 16,025 square feet and front width of 90.54 feet, both of which would exceed the City’s minimum requirements. The minimum area required for a non- residential use (such as a church) in a residential district is one acre. Park Dedication Requirements. All subdivisions of land are subject to park dedication fee requirements. For subdivisions which have no impact upon the park system (such as a lot line adjustment) the City Council may waive dedication fees. In this case, the extent of the potential impact is not readily known, a fact the Council could take into consideration as it determines the appropriate dedication fee for this subdivision. The following table illustrates potential dedications amounts. Description 5% 10% Option 1 Dedication applied to all acreage (7.48 acres) at a rate of $2.48 per square foot (2007 county value) $40,403 $80,806 Option 2 Dedication applied to just Eastwood Road lot (1.17 acres) $ 5,970 $11,940 Option 3 Dedication applied to only subdivided portion of Eastwood lot (0.80 acres) $ 4,328 $ 8,655 Option 4 Dedication applied only to remainder of Eastwood Road lot (0.37 acres) $ 1,987 $ 3,974 For sake of reference, the dedication fee imposed for minor subdivisions is usually five percent of the county assessed land value of the lot created. For major subdivisions such as the one requested by Abiding Savior and for projects which significantly intensify the existing development density, up to a ten percent dedication fee may be imposed by the Council. Easements & Utilities With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lots. The submitted preliminary plat does includes all required easement areas—ten feet fronting Red Oak Drive, Ardan Avenue and Eastwood Road, and five feet for all internal lot lines. The Eastwood Road parcel shows a ten-foot rear easement as is required. No changes are proposed to the utilities within this platted area. At a previous meeting, a question was raised about an overhead powerline that transects the back yard of 8184 Eastwood Road. The requested subdivision will not impact or otherwise compromise the integrity of this powerline. While it may be true that the overhead power lines would no longer be centered along a common lot line (and thus within a city easement area) there is no compelling reason to either relocate the power lines or grant an easement for the overhead transmission lines. Staff has contacted Xcel regarding the overhead lines and they are comfortable leaving the lines where they are. Abiding Savior Report Aug 13, 2007 Page 3 Public Notice Staff sent notices to all property owners with 350 feet of both parcels and a few have contacted staff in person or by phone to ask about the request. It has been explained to everyone that the present request satisfies all City requirements and does not represent an incremental step toward subsequent development of the land. Planning Commission Action The Planning Commission held a public hearing on this request on July 25, 2007 and took action that same meeting by approving Resolution 871-07, a resolution which recommended approval of the requested preliminary plat for the Abiding Savior major subdivision. Deadline for Action This application was accepted on June 27, 2007 and in accordance with MN Statute 15.99, a decision will need to be made within 120 days of application acceptance. The deadline for action for this request is October 25, 2007. (Planning applications have a 60-day window for approval while Minnesota Statutes allow 120 days for subdivision requests.) Summary. The proposed major subdivision of the 8184 Eastwood Road and 8211 Red Oak Drive is requested to create additional land which would be combined with the Abiding Savior property at 8211 Red Oak Drive (Lot 1). The remaining single family lot on Eastwood Road (Lot 2) would be consistent with all setbacks and subdivision code requirements. Recommendation: Discuss the major subdivision request submitted by Abiding Savior Lutheran Church to plat and subdivide the parcels located at 8184 Eastwood Road and 8211 Red Oak Drive. The following options may be considered: Option 1. Approve the requested preliminary plat subject to satisfactory review of title documentation by the City Attorney’s office. Based on staff review and the Planning Commission’s recommendation, staff supports this option. As such, a resolution of approval with stipulations as noted has been prepared for the Council’s action if it concurs with the Planning Commission’s recommendation. Option 2. Direct staff to prepare a resolution denying the major subdivision request based on reasons articulated at the hearing. However, staff is not aware of any conditions to justify denial and thus would recommend against taking such action. Option 3. Table action on the request pending receipt of additional information deemed necessary before a decision can be rendered. If a tabling motion is supported, staff or the applicant will need clear direction as to the additional information required of the City Council. Abiding Savior Report Aug 13, 2007 Page 4 Staff supports the first option, approval of Resolution 7129 which approves the preliminary plat of the Abiding Savior major subdivision. _____________________________________ James Ericson Community Development Director Attachments. 1. Planning Application 2. Zoning Map 3. Location Map 4. Aerial Map 5. Photographic Documentation 6. Planning Commission Resolution 871-07 7. City Council Resolution 7129 8. Preliminary Plat (Separate Attachment) Zoning Map Abiding Savior Church Location Map Aerial Map 8184 Eastwood Road 8211 Red Oak Drive Church Building Photographic Documentation House at 8184 Eastwood Road Abiding Savior Lutheran Church, 8211 Red Oak Drive Looking west toward Church, taken from Eastwood Road Backyard of 8184 Eastwood Road MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 871-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR THE ABIDING SAVIOR MAJOR SUBDIVISION; MOUNDS VIEW PLANNING CASE NO. MA07-002 WHEREAS, property owner Abiding Savior Lutheran Church, located at 8211 Red Oak Drive, (the Applicant) has requested approval of a major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive, property zoned R-1, Single Family Residential; and, WHEREAS, the Applicant proposes to plat the combined 7.48 acres of land, reconfiguring the two lots by removing 34,900 square feet from the Eastwood Road parcel (Lot 2) and adding the 34,900 square feet to the Red Oak Drive parcel (Lot 1); and, WHEREAS, the Planning Commission has reviewed the Applicant’s request for a major subdivision and has determined that the requested subdivision is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive subject to satisfactory review of all title and survey documentation by the City Attorney. NOW, THEREFORE, BE IT FUTHER RESOLVED that the Applicant shall have 60 days from final approval to file proper documentation with Ramsey County and furnish proof of such recording to the City showing evidence of the recordation. If such action is not accomplished by the date so indicated, this major subdivision approval shall be considered null and void. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 25th day of July, 2007. __________________________________________ Gary Stevenson, Chairperson ATTEST: ______________________________________ James Ericson Community Development Director (SEAL) RESOLUTION 7129 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE ABIDING SAVIOR MAJOR SUBDIVISION; MOUNDS VIEW PLANNING CASE NO. MA07-002 WHEREAS, property owner Abiding Savior Lutheran Church, located at 8211 Red Oak Drive, (the Applicant) has requested approval of a major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive, property zoned R-1, Single Family Residential; and, WHEREAS, the Applicant proposes to plat the combined 7.48 acres of land, reconfiguring the two lots by removing 34,900 square feet from the Eastwood Road parcel (Lot 2) and adding the 34,900 square feet to the Red Oak Drive parcel (Lot 1); and, WHEREAS, the Planning Commission has reviewed the Applicant’s request for a major subdivision and has determined that the requested subdivision is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and, WHEREAS, the City Council held a duly noticed public hearing regarding this request on August 13, 2007. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the preliminary plat of the Abiding Savior major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive subject to satisfactory review of all title and survey documentation by the City Attorney, subject also to the following: 1. Not later than six (6) months after the date of this approval, the Applicant shall submit the final plat for consideration or the plat will be considered null and void, unless an extension is requested in writing for good cause and granted by the City Council. 2. The Applicant shall submit a park dedication fee in the amount of $_______ prior to the City signing off on the plat. 3. The Applicant shall be responsible for recording the plat and any associated deeds and other documentation with Ramsey County within 60 days from final plat approval, and shall furnish proof of such recording to the City showing evidence of the recordation. If such actions are not accomplished by the date so indicated, this major subdivision approval shall be considered null and void, at the City’s discretion. Adopted this 13th day of August, 2007. ________________________________ Rob Marty, Mayor ATTEST: ____________________________ Kurt Ulrich, City Clerk/Administrator (SEAL) Item No: 07C Meeting Date: August 13, 2007 Type of Business: CB City Administrator Review: _____ Revised Staff Report as of 550pm on August 13th City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7138, Appointing a Candidate to the Position of Cable TV Coordinator Background: In order to fulfill the City’s goal of improved public communication, the need for a Cable TV Coordinator has been discussed at many City Council Meetings and supported by the City’s Cable Committee. At the May 14, 2007, City Council Meeting, the City Council authorized Staff to start the process of hiring a Cable Television Coordinator for the Administration Department in accordance with Resolution 7051. This position would be a full time non- exempt position, and will be a union position under the AFSCME Union Contract. Discussion: We received thirty-four applications for this position, and of those, six were interviewed. The City had an interview panel which consisted of myself, Kurt Ulrich (Mounds View City Administrator), Jerry Skelly (Mounds View Cable Committee Chairperson) and Barbara Haake (Mounds View Cable Committee Member). . All candidates that were interviewed were required to submit a video tape. The panel agreed on two top candidates. The Mounds View Cable Committee will meet on Monday, August 13th at 5pm (just prior to this Council Meeting) to discuss the candidates and make their recommendation to the City Council. Staff will have a Resolution prepared to the City Council announcing the top candidate right after the Cable Committee Meeting. Personal and employment references were all found to be positive and all background checks have come back satisfactory on both candidates. The hourly wage scale for this position as approved by the City Council and negotiated by the City and the AFSCME union is as follows: Step One: $19.13/hr Step Two: $20.32/hr Step Three: $21.52/hr Step Four: $22.71/hr Step Five: $23.91/hr Following our standard personnel policy practice, the candidate would begin employment at Step 1, with an increase to Step 2 after six months of employment. Step 3 would occur after 12 months of employment with Steps 4 and 5 due 12 months thereafter, respectively. Discussion Update Staff met with the Mounds View Cable Committee today at 5pm. It was the Cable Committee’s recommendation to hire Vanessa Van Alstine to the position of Mounds View Cable TV Coordinator. Ms. Van Alstine currently cable casts meetings for the City of Little Canada and Roseville since August of 2006. Her education includes an Associate Degree in Visual Communications, Bachelor’s degree in Mathematics and a Master Degree in Electrical Engineering. Personal and employment references were all found to be positive. Ms. Van Alstine’s driver’s license check and criminal background check came back satisfactory. Recommendation: Staff concurs with the recommendation of the Cable Committee. Staff is requesting Council authorization of the hire of Vanessa Van Alstine to the position of Cable TV Coordinator in the Administration Department in accordance with Resolution 7138. Respectfully submitted, Desaree M. Crane RESOLUTION NO. 7138 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE HIRE OF VANESSA VAN ALSTINE TO THE POSITION OF FULL TIME CABLE TV COORDINATOR WITHIN THE ADMINSTRATION DEPARMENT WHEREAS, the Mounds View City Council has given direction to advertise for the position of full-time Cable TV Coordinator within the Administration Department; and, WHEREAS, the position was posted and the City received thirty four applications; and, WHEREAS, Vanessa Van Alstine possesses the necessary background, training and skills to perform the duties assigned to this full-time AFSCME Union position; and, WHEREAS, Vanessa Van Alstine shall be compensated at the rate of $19.13 per hour, Step 1 of the wage schedule with an increase to Step 2 after six months of employment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the hire of Vanessa Van Alstine to the position of full-time Cable TV Coordinator within the Administration Department. Adopted this 13th day of August, 2007. ______________________________________ Rob Marty, Mayor ATTEST: ______________________________________ Kurt Ulrich, City Administrator (seal) Item No: 7D Meeting Date: August 13, 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: Introduction and First Reading of Ordinance 794, an Ordinance Amending Chapter 1009 of the Municipal Code Relating to Swimming Pool Fences Introduction: At the City Council’s worksession on July 2, 2007, the issue of swimming pool fences was reviewed in response to a petition that had been submitted by residents requesting the City amend the Code to be consistent with the Minnesota State Building Code regarding the height of a swimming pool fence. Discussion: The direction of the Council at the meeting was to prepare an amendment to the Code to change the minimum required height of a fence surrounding a swimming pool from five feet to four feet, the same height as specified in the Minnesota State Building Code. The Council also suggested Chapter 1009 reference additional detailed specifications and requirements similar to the Blaine code. Staff reviewed other cities’ swimming pool ordinances and utilized much of the same information expressed in the Blaine code. Recommendation: Staff recommends approval of the first reading and introduction of Ordinance 794, an ordinance amending Chapter 1009 relating to Swimming Pools and associated fencing requirements. Second reading and adoption of the ordinance is scheduled for August 27, 2007. Respectfully submitted, ________________________ James Ericson Community Development Director Existing City Code Regulations – Chapter 1009 CHAPTER 1009 SWIMMING POOLS SECTION: 1009.01: Definition 1009.02: Plan Review; Permit; Fee 1009.03: Location of Pool 1009.04: Fencing Required 1009.05: General Restrictions 1009.06: Compliance with Provisions 1009.07: Violation of Provisions 1009.01: DEFINITION: A "swimming pool" is any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing, more than one hundred fifty (150) square feet in area and/or over twenty four inches (24") in depth, built of any material and located above or below ground. (1988 Code §58.01) 1009.02: PLAN REVIEW; PERMIT; FEE: Subd. 1. Plan Review: No person shall begin construction of either an indoor or outdoor swimming pool without first having submitted plans and if specifications the Building Inspector for review and approval. (1988 Code §58.04) Subd. 2. Issuance of Permit; Fee: Upon approval, a permit shall be issued to the applicant upon payment of the required permit fee as established by resolution of the City Council. (1988 Code §58.05) 1009.03: LOCATION OF POOL: Subd. 1. Compliance with Zoning Provisions; Nuisance Prohibited: Any outdoor swimming pool, its fencing or barriers, its pumps, filters, heating units or any other noise-making mechanical equipment, as well as the use of said pool, shall be solely located on an authorized premises so as not to constitute an unattractive, public or private nuisance1. Swimming pools shall be located on property in a manner so as to comply with all applicable provisions of Title 1100 of this Code. (1988 Code §59.07) Subd. 2. Utility Easements: Pools shall not be located within any utility easement. (1988 Code §59.08) 1 See Chapter 604 of this Code for nuisance provisions. 1009.04: FENCING REQUIRED 2: All outdoor swimming pools existing and hereafter constructed shall be completely surrounded by a fence or barrier that will prevent the unauthorized entrance into the swimming pool by any person when said fence or barrier is locked, as provided hereafter. All points of entry into the pool area shall have installed thereon gates which shall be equipped with latching devices installed on the gates in such a manner as to prevent the opening of said gates by any child that is not supervised by an authorized adult. Said fence or barrier shall be at least five feet (5') high. (1988 Code §58.02) 1009.05: GENERAL RESTRICTIONS: Subd. 1. Pool Lighting: All pool lighting shall be directed toward the pool. Subd. 2. Use of Municipal Sewer 3: Pool water drained through the Municipal sanitary sewer system must be obtained from a metered source within Mounds View4. Drainage of pools into public facilities other than the Municipal sanitary sewer system shall require the approval of the Director of Public Works/City Engineer. (1988 Code §58.08) 1009.06: COMPLIANCE WITH PROVISIONS: All persons owning or operating an outdoor swimming pool shall comply with this Chapter within ninety (90) days from the effective date hereof. (1988 Code §59.03) 1009.07: VIOLATION OF PROVISIONS: Any person violating this Chapter shall be guilty of a misdemeanor. (1988 Code §59.09) 2 See also Section 1103.08 of this Code. 3 See Chapter 907 of this Code for sewer regulations. 4 See Section 906.04 of this Code for water meter requirements. ORDINANCE 794 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 1009 ENTITLED “SWIMMING POOLS” The Council of the City of Mounds View does hereby ordain: SECTION 1: Chapter 1009, Section 1009.03, “Location of Pool”, is hereby amended with the proposed additions underlined and the deletions stricken as follows: 1009.03: LOCATION OF POOL: Subd. 1. Compliance with Zoning Provisions; Nuisance Prohibited: Any outdoor swimming pool, its fencing or barriers, its pumps, filters, heating units or any other noise-making mechanical equipment, as well as the use of said pool, shall be solely located in the backyard of on an authorized premises not less than ten feet from any property line and not less than three feet from any other building or structure. Pools and associated mechanical equipment shall be maintained so as not to constitute an unattractive, public or private nuisance1. Swimming pools shall be located on property in a manner so as to comply with all applicable provisions of Title 1100 of this Code. (1988 Code §59.07) Subd. 2. Utility Easements: Pools shall not be located within any utility easement or be over or under any utility lines. (1988 Code §59.08) 1 See Chapter 604 607 of this Code for Nuisance provisions. SECTION 2: Chapter 1009, Section 1009.04, “Fencing Required”, is hereby amended with the proposed additions underlined and the deletions stricken as follows: 1009.04: FENCING REQUIRED: Subd. 1. All outdoor swimming pools shall be made inaccessible when not in use by a nonclimbable type of fence, wall or barrier. All openings or points of entry into the pool area enclosure shall be equipped with locking gates. The fence and gates shall be at least four (4) feet in height and shall be constructed of a material approved by the building official. All fence posts shall be decay resistant or corrosion resistant and shall be set in concrete bases or other suitable protection. The opening between the bottom of the fence and the ground or other surface shall not be more than two (2) inches. Ord 794 Page 2 Subd. 2. All gates shall be equipped with self-closing hinges and a self-latching device. Where the release mechanism of the self latching device is located less than 54" from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate. Subd. 3. All gates shall be equipped with a lock which will render the gate inaccessible when the pool is not in use. Ladders and steps shall be capable of being secured, locked or removed to prevent access. Ladders and steps which are non-removable or non-folding shall be surrounded by a barrier as stated in Subd. 1. All locks shall be of the type which cannot be opened without the use of a key or numerical combination. Subd 4. No person owning or operating an outdoor swimming pool shall use, operate, or allow the use of such swimming pool unless such pool complies with the above provisions. The required safety fencing shall be completely installed with installation of the pool. All outdoor swimming pools existing and hereafter constructed shall be completely surrounded by a fence or barrier that will prevent the unauthorized entrance into the swimming pool by any person when said fence or barrier is locked, as provided hereafter. All points of entry into the pool area shall have installed thereon gates which shall be equipped with latching devices installed on the gates in such a manner as to prevent the opening of said gates by any child that is not supervised by an authorized adult. Said fence or barrier shall be at least five feet (5') high. SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on August 13, 2007. Second Reading and Adoption by the Mounds View City Council on August 27, 2007. __________________________ Rob Marty, Mayor ATTEST: __________________________ Kurt Ulrich, City Administrator (seal) Item No: 7F Meeting Date: August 13, 2007 Type of Business: Council Business City Administrator Review_____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Authorization to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety Safe and Sober project Date of Report: August 13, 2007 Background: The Mounds View Police Department in partnership with the Ramsey County Sheriff’s Department the Police Departments of New Brighton, Roseville, Maplewood, St. Anthony Village, North St. Paul and White Bear Lake applied for and have been awarded a grant from the Department of Public Safety for the Safe and Sober project. The purpose of the grant is to allow agencies to conduct highly publicized, overtime enforcement projects addressing traffic safety issues with an emphasis on impaired driving and passenger protection use. The Safe & Sober Grant Program provides funds to law enforcement agencies to conduct stepped-up traffic enforcement and community outreach. Each year, requests for Safe & Sober overtime grants equal about twice the federal funding available. The grant funds are available on a cost reimbursement basis; costs are reimbursed after they are incurred and paid by the grantee agencies. The project year begins on October 1, 2007 and ends on September 30, 2008. The Mounds View Police Department was awarded a Safe and Sober grant in 2006-2007 in partnership with other Ramsey County Law Enforcement Agencies. The Mounds View Police Department will use the funds from the grant to pay officers to work various traffic enforcement projects. The Mound View Police grant award for 2007- 2008 is $9,000. Recommendation: Staff recommends Council authorize acceptance of the grant. _______________________ Respectfully submitted by Mike Sommer, Police Chief RESOLUTION 7137 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE MOUNDS VIEW POLICE DEPARTMENT TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY FOR THE SAFE AND SOBER PROJECT FROM OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008. WHEREAS, the Mounds View Police Department along with the Ramsey County Sheriff’s Department, New Brighton Police Department, White Bear Lake Police Department, St. Anthony Village Police Department, North St. Paul Police Department and the Roseville Police Department have applied for and been awarded a grant from the Department of Public Safety Safe and Sober program to conduct highly publicized, overtime enforcement projects addressing traffic safety issues; and, WHEREAS, the grant funds will cover overtime personnel costs incurred through Safe and Sober enforcement efforts which will be reimbursed to the city of Mounds View; and, WHEREAS, all allocated manpower resources will be on a volunteer basis, and will be on an officers scheduled time off; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize the Mounds View Police Department to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2007 through September 30, 2008; and, NOW, BE IT FURTHER RESOLVED that the Chief of Police of the Mounds View Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Mounds View Police Department, and to be the fiscal agent and administer the grant. Adopted this 13th day of August, 2007 _______________________________ Rob Marty, Mayor ATTEST _______________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 07I Meeting Date: August 13, 2007 Type of Business: CB 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: Resolution 7139, Authorizing Step Increases for Dave Olsen, Part Time Cable Technician/Mark Beer, Finance Director; and Officer Nicholas Erickson, Mounds View Police Officer Background: Dave Olsen, Mark Beer and Officer Nicholas are current employees with the City of Mounds View and their supervisors have reviewed their performances as it relates to their responsibilities outlined in the job descriptions. Discussion: It was determined that Dave Olsen, Mark Beer, and Officer Nicholas Erickson have satisfactorily performed in the capacity of their position, and therefore a step increase wage adjustment is consistent with the Personnel Manual and Labor Agreements. Recommendation Staff recommends approval of attached Resolution 7139. Respectfully Submitted, Desaree Crane RESOLUTION 7139 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below are city employees who are currently working for the City of Mounds View; and WHEREAS, their supervisors reviewed their performances as it relates to the responsibilities outlined in the job description; and WHEREAS, their supervisor determined that the following employees below has satisfactorily performed in the capacity of their position documented in their performance review on file; and WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Dave Olsen Part Time Cable Tech Date of Employment: August 14, 2006 Step 4: $14.68/hr Step 5: $15.45/hr August 14, 2007 Mark Beer Finance Director Date of Employment: August 15, 2005 Step 4: $38.34/hr Step 5: $40.36/hr August 15, 2007 Officer Nicholas Erickson MV Police Officer Date of Employment: August 21, 2006 Step 2: $20.22/hr Step 3: $23.11/hr August 21, 2007 Adopted this 13th day of August, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No: 7J Meeting Date: August 13, 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: Introduction and First Reading of Ordinance 795, an Ordinance Amending Chapter 1001 of the Mounds View City Code Relating to the Building Code Introduction: Mounds View Building Official Kathi Osmonson has prepared an ordinance to amend Chapter 1001 of the Mounds View City Code, updating the “Building Code” section. Discussion: The proposed changes to Chapter 1001 are simple updates to reflect a state-level organizational transition from the Building Codes and Standards Division to the Department of Labor and Industry, Construction Standards and Licensing Division. The recommended changes in Section 1001.01 relating to Chapter 1306 reflect the current language of 1306, in that there is no longer an “Option E” outlining sprinkler requirements for R-1 and R-2 dwellings. The pertinent language in Option E was transitioned into the body of the code. Recommendation: Approve the first reading and introduction of Ordinance 795, an Ordinance amending Chapter 1001 of the Mounds View City Code relating to the Building Code. The second reading and adoption of this housekeeping ordinance has been scheduled for August 27. Respectfully submitted, ________________________ James Ericson Community Development Director ORDINANCE 795 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 1001 ENTITLED “BUILDING CODE” The City of Mounds View ordains: SECTION 1: Chapter 1001 of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: 1001.01: ADOPTION OF STATE BUILDING CODE: Subd. 1. Minnesota State Building Code – Adopted by reference: The most current edition of the Minnesota State Building Code, as adopted by the Department of Labor and Industry Commissioner of Administration pursuant to Minnesota Statutes, Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Department of Labor and Industry Minnesota Commissioner of Administration, through the Construction Codes and Licensing Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options optional 1306.00200 Subpart 2, and 1306.0030 E Option 1. The Minnesota State Building Code is hereby incorporated in this Section as if fully set out herein. A copy of said Building Code is on file in the office of the Clerk-Administrator. (Ord. 343, 6-27-83; Ord. 715, 5-27-03) Subd. 2. Effective Date: Effective July 1, 1972, all building within the City shall be regulated by current State statutes, as amended from time to time. (Ord. 521, 11-23-92; 1993 Code) SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on August 13, 2007. Second Reading and Adoption by the Mounds View City Council on August 27, 2007. __________________________ Rob Marty, Mayor ATTEST: __________________________ Kurt Ulrich, City Administrator (seal) Item No. 7M Meeting Date: August 13, 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 7141 Approving a Contract with DNR Construction Services Incorporated for Door Replacement at Treatment Plant No. 1 Background: In 2005, Staff in coordination with SEH, conducted an analysis of Water Division building infrastructure. Some of the items that were identified that need to be addressed are: 1. Water Treatment Plant No. 1 was constructed in 1991. The doors that were installed are currently in very poor condition, and are in need of replacement. The doors are constructed out of steel for security reasons. This steel is reacting negatively with the chemicals needed to successfully treat the water going through the plant. As a result, they are rusting, and are very hard to secure. 2. Well House No. 2 was constructed in 1962 and the windows are in need of replacement. The windows are past their expected life, and are very inefficient in the winter. There are vents over the windows to cool the pump house down in the summer while the well is running but these vents need to be boarded up in the winter. 3. Well No. 2 the overhang on the door is currently leaking, and in the wintertime, it allows for water to get in behind the overhang. This moisture can cause structural damage to the pump house during the winter due to the freezing and thawing of the water. It is already breaking some of the bricks on the front of the building. On August 14, 2006 Council approved Resolution 6897, which authorized a contract with SEH for architectural services for the 2006 Building Upgrades; services included rehabilitation of aspects associated with Treatment Plant No. 1 and Well No. 2. SEH completed the plans and specifications for this project. It was then advertised in the Construction Bulletin as well as the City’s official newspaper to receive competitive quotes. The City received just one quote for this project, which was nearly twice as much as the estimate provided by SEH. Due to the difficulty in receiving competitive quotes, Staff redefined the project to focus on the doors at Treatment Plant No. 1- which need to be addressed as soon as possible due to security reasons. The window and awning replacement for Well No. 2 will be included with a future project. As a result of redefining this project, the original budgeted amount of $25,000 in 2006 was reduced to $13,000 in 2007. Discussion: Water Treatment Plant No. 1 was constructed in 1991. The doors (and the associated hardware) of this plant are currently in very poor condition. To ensure public safety, it is imperative that this building is secured. The existing doors, in their current condition, compromises this security. It is therefore necessary that they be replaced. The existing doors are currently constructed out of steel. Steel was selected in the original construction due to the secured nature of the building. However, the steel is reacting negatively with the chemicals needed to successfully treat the water going through the plant. As a result, they have rusted to the point where they are hard to secure. There are two double doorways that are proposed for re replacement: one for the chlorine room and the other for the sulfur dioxide room. Due to the corrosive nature of the respective chemicals, it is recommended that a stainless steel door be installed in the chlorine room and a galvanized door be installed in the sulfur dioxide room Staff has solicited quotes to perform this project; Staff has advertised for quotes as well as directly contacting a number of construction companies. Staff received quotes from DNR Construction Services, Inc. and John Nagengast Doors, LLC. MP Johnson Construction, Inc. was contacted, however has failed to submit a quote. The results of the quotes are as follows. DNR Construction Services Inc. $17,846.00 + tax Total $19,005.99 John Nagengast Doors, LLC $19,248.00 tax inclusive Total $19,248.00 MP Johnson No quote submitted Recommendation: It is recommended that the City Council adopt resolution 7141 accepting the proposal from DNR Construction Services, Incorporated for door removal and replacement at Water Treatment Plant No. 1 in the amount of $17,846.00 plus tax. Respectfully submitted, ____________________ Michael Schnur, Lead Utility Worker RESOLUTION 7141 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONTRACT FOR DOOR REPLACEMENT AT TREATMENT PLANT No. 1 WHEREAS, Water Treatment Plant No. 1 was constructed in 1991, and WHEREAS, the doors that were used are in poor condition and hard to secure, and WHEREAS, Staff has solicited quotes from qualified contractors, and WHEREAS, Staff has received the lowest quote from DNR Construction Services, Incorporated, for $17,846.00 plus tax. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That a contract with DNR Construction Services, Incorporated for 17,846.00 + tax is hereby approved. 2. That the Mayor and City Administrator are hereby authorized and directed to enter into a contract with DNR Construction Services, Incorporated. 3. That the funds to finance this project will be derived from the Enterprise Fund, under the water infrastructure and equipment department, system maintenance account (account 700-4823-5160), 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 13th day of August 2007 (ATTEST) ___________________________________ Rob Marty, Mayor (SEAL) ___________________________________ Kurt Ulrich, City Administrator Item No. 7N Meeting Date: August 13, 2007 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7142 Implementing Tier II Water Sprinkling and Irrigation Regulations Background: At the June 4, 2007 City Council Work Session, Staff presented a proposal to adopt revised Water Sprinkling and Irrigation Regulations. The proposal was again discussed at the July 2, 2007 City Council Work Session. On July 23, 2007 the City Council approved Resolution 7121 adopting Water Sprinkling and Irrigation Regulations. See attachment. On August 6, 2007 Staff provided the City Council with a general update regarding the status of the City’s water supply system. This included information pertaining to the City’s wells and the aquifers from which the City draws water. The update also included water pumping data, news articles regarding issues other cities are facing pertaining to water usage, and restrictions set forth in the peak energy control program. Discussion: As per the Water Sprinkling and Irrigation Regulations adopted on July 23, 2007, via resolution 7121 “Restriction will always be Tier #1 unless ordered by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. “ Tier I Restrictions: May 1st thru September 30th Odd/Even restrictions Example: All properties with odd number addresses (7501) may water on odd numbered calendar days (June 11), and all properties with even numbered addresses (2612) may water on even numbered calendar days (June 10). At the August 6, 2007, City Council Work Session the City Council expressed a desire to implement Tier II restrictions. Attached is Resolution 7142 which directs the Director of Public Works/City Engineer to implement Tier II restrictions. Tier # 2 Restrictions: May 1st thru September 30th Odd/Even restrictions Plus, no lawn watering between the hours of 11 A.M. and 6 P.M. Established by order of the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor It is proposed that Tier II restrictions be implemented until September 30, 2007, at which time all watering restrictions will be suspended until May of the next year – as per the current regulations. If Tier II restrictions are implemented, as prescribed in the current regulations, notice will be published in the City’s official newspaper, on the City’s electronic message board, on the City website site, and posted on City property. Watering ban signs have been ordered and will be available to be installed on Tuesday morning, August 14th. They will be installed at both ends of County 10, both ends of County Rd. I, both ends of Long Lake Rd., Old 8, Silver Lake Rd. on the South, County Rd H and H2 on the West, and County Rd J on the NW. The signs will be 18” x 24” with red and black lettering on a white high intensity street sign. Public Works has initiated an enforcement campaign to ensure compliance with will the Water Conservation Code – 906.12. Notice of Violation forms have been sent to the printers and should be ready for use this week. Please note that if Tier II restrictions are implemented that violations observed which are associated with the added restrictions of watering between 11AM and 6PM may just receive a verbal warning/ notification – as opposed to a written Notice of Violation. Since this is a new restriction, Staff believes that it may take some time to educate the community on this restriction and the important of water conservation. Violations associated with the Odd/Even restrictions will continue to receive a written Notice of Violation. Implementing Tier II restrictions does not change the designated exceptions. The following exceptions currently apply to Tier I and Tier II: • Private Wells. • The City of Mounds View watering multi public uses facilities / parks or athletic fields which require more frequent watering to prevent unreasonable damage. •The hand watering of plants, flowers, gardens, or trees using a hose. •Exemptions will be made for new sod and seed for 30 days with a permit issued from the Public Works Department. •Other exemptions will be washing of vehicles, filling swimming pools, and children playing in a hose operated sprinkler or water toy. Recommendation: It is recommended that the City Council restrict watering during the mid-day hours when it is least effective due to evaporation and when there is the greatest probability of Xcel Energy invoking restrictions set forth in the peak control program by implementing Tier II watering and irrigation restrictions. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7142 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA IMPLEMENTING TIER II WATER SPRINKLING AND IRRIGATION REGULATIONS WHEREAS, the Emergency Water Conservation Regulations of the City Code (section 906.12) allows for water sprinkling and irrigation regulations to be implemented; and WHEREAS, on July 23, 2007 the City Council approved Resolution 7121 adopting Water Sprinkling and Irrigation Regulations; and WHEREAS, at the August 6, 2007, City Council Work Session the City Council expressed a desire to implement Tier II restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That Tier II Restrictions of Water Sprinkling and Irrigation Regulations adopted on July 23, 2007 via Resolution 7121 are hereby implemented. 2. The Director of Public Works/City Engineer is hereby ordered implement Tier II watering restrictions. 3. Said Tier II watering restrictions shall be in effect until September 30, 2007. 4. Notice of said Tier II watering restrictions shall be published in the City’s official newspaper, on the City’s electronic message board, on the City website site, and posted on City property as per the City’s approved W ater Sprinkling and Irrigation Regulations Adopted this 13th day of August 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator WATER SPRINKLING AND IRRIGATION REGULATIONS Purpose In order to conserve a natural resource and to help ensure the sustainability of this resource it is important that that the City regulates the use of its water supply. The purpose of this document is to establish regulations for the use of the City water supply. These regulations also establish penalties for violations of the City Code that is associated with said regulations. The goal of implementing these regulations is to reduce the peak water demand on the system and reduce the potential for not meeting the water demands of the City for domestic use and for fire protection. Regulations CITY CODE 906.12: EMERGENCY WATER CONSERVATION REGULATIONS: The Council may impose emergency regulations pertaining to the conservation of water by resolution of the Council and by giving notice by publication or by posting in the City Hall and at such public places as the Council may direct. A water sprinkling ban may be implemented by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. The lawn sprinkling ban may be implemented for the months of May, June, July, August and September by specifying dates and times. (1988 Code §70.18; 1993 Code) Based on the City Code, the water sprinkling and irrigations regulations will be as follows: Tier # 1 Restrictions: May 1st thru September 30th Odd/Even restrictions Example: All properties with odd number addresses (7501) may water on odd numbered calendar days (June 11), and all properties with even numbered addresses (2612) may water on even numbered calendar days (June 10). Tier # 2 Restrictions: May 1st thru September 30th Odd/Even restrictions Plus, no lawn watering between the hours of 11 A.M. and 6 P.M. Established by order of the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor Tier # 3 Restrictions: May 1st thru September 30th all lawn sprinkling by all properties is totally restricted. Established by order of the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor With all tiers there would be no restrictions for the months of October through April. The following exceptions will apply to Tier #1 and Tier #2: • Private Wells. • The City of Mounds View watering multi public uses facilities / parks or athletic fields which require more frequent watering to prevent unreasonable damage. •The hand watering of plants, flowers, gardens, or trees using a hose. •Exemptions will be made for new sod and seed for 30 days with a permit issued from the Public Works Department. •Other exemptions will be washing of vehicles, filling swimming pools, and children playing in a hose operated sprinkler or water toy. The following exceptions will apply to Tier #3: • Private Wells. •The hand watering of plants, flowers, gardens, or trees using a hose. •Exemptions will be made for new sod and seed for 30 days with a permit issued from the Public Works Department. •Other exemptions will be children playing in a hose operated sprinkler or water toy. This Restriction will always be Tier #1 unless ordered by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. If Tier #2 or Tier #3 is implemented, notice will be published in the City’s official newspaper, on the City’s electronic message board, on the City website site, and posted on City property. Penalties for violation of the Emergency Water Conservation Regulations of City Code will be: 1st violation written warning 2nd violation $25.00 fine 3rd violation $50.00 fine 4th violation $100.00 fine 5th violation $200.00 fine 6th violation turned over to the City Attorney for criminal prosecution of theft These administrative fines will be subject to annual revision based on the current adopted City Fee Schedule. _____________________ City Administrator Date Effective Date: July 23, 2007 Revision Date: Item No.: 08B Meeting Date: August 13, 2007 Type of Business: CA 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: Resolution 7115 Approving an Amusement Devices and Centers Business License for Premier Game Company, Doing Business at The Mermaid, 2200 County Highway 10. City of Mounds View business licenses must be approved by the City Council. Premier Game Company will be providing amusement devices (arcade type of games) to The Mermaid located at 2200 County Highway 10 in Mounds View. Premier Game Company has completed their application materials along with their Certificate of Insurance and paid appropriate fees. Premier Company will be providing The Mermaid approximately 66 arcade type games. Staff is recommending that the Council approve the Amusement Devices and Centers Business License to Premier Game Company in order to provide services to The Mermaid. Respectfully Submitted, Desaree M. Crane RESOLUTION 7115 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving an Amusement Devices and Centers Business License for Premier Game Company, Doing Business at The Mermaid 2200 County Highway 10 WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, Premier Game Company will be providing amusement devices (arcade type of games) to The Mermaid located at 2200 County Highway 10 in Mounds View; and WHEREAS, Premier Game Company has completed their application materials along with their Certificate of Insurance and paid appropriate fees; and WHEREAS, staff recommends approval of Premier Game Company’s Amusement Devices and Centers Business License. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve Premier Game Company Amusement Devices and Centers Business License in order to provide amusement games to The Mermaid located at 2200 County Highway 10 in Mounds View. Adopted this 13th day of August, 2007 Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) Item No: 8C Meeting Date: August 13, 2007 Type of Business: Consent Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Resolution 7130 Renumbering Four Incorrectly Numbered Resolutions Introduction: In June of this year, four resolutions were presented to the Council for consideration which were incorrectly numbered due to a glitch in the tracking spreadsheet. The City Attorney advises that the City Council should adopt a resolution to renumber the affected resolutions rather than have the four resolutions from 2007 inexplicably appear in an index with other resolutions from 2012 or 2013. Discussion: The four resolutions which will need to be changed are listed in the table below, noted first by the incorrect number and followed by the revised number: The index will include a reference to these four resolutions indicating the resolution numbers as originally adopted for sake of tracking and minutes. The resolutions themselves will also be footnoted to indicate the resolution number originally approved as. Recommendation: Adopt Resolution 7130 revising the adopted resolution numbers for resolutions originally approved as Resolutions 8002, 8003, 8004 and 8005, renaming them to be Resolutions 7131, 7132, 7133, 7134, respectively. Respectfully submitted, ________________________ James Ericson Community Development Director Original Number Revised Number Resolution Description Adoption Date 8002 7131 Permit PSO to Work Full Time Hours through the end of August 6-11-07 8003 7132 Approving the 2007 Business Licenses 6-11-07 8004 7133 Awarding a Contract for the Oakwood and Hillview Park Playground Equipment Replacement Projects 6-11-07 8005 7134 Approving a Conditional Use Permit for Merryville Farms to operate a seasonal produce stand in the Mermaid parking lot 2200 County Road 10 from approx June 20-Sept 3 every year; Planning Case CU2007-003 6-11-07 RESOLUTION NO. 7130 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE RENUMBERING OF FOUR INCORRECTLY NUMBERED RESOLUTIONS WHEREAS, the City Council adopted four resolutions at their June 11, 2007 City Council meeting which were incorrectly numbered; and, WHEREAS, the City Attorney recommends adopting this Resolution 7130 to officially renumber the four affected resolutions; and, WHEREAS, the resolution index as well as the four individual resolutions will bear a footnote indicating the resolution number as originally adopted. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize renumbering the four resolutions identified below as indicated. Adopted this 13th day of July, 2007. _______________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Original Number Revised Number Resolution Description Adoption Date 8002 7131 Permit PSO to Work Full Time Hours through the end of August 6-11-07 8003 7132 Approving the 2007 Business Licenses 6-11-07 8004 7133 Awarding a Contract for the Oakwood and Hillview Park Playground Equipment Replacement Projects 6-11-07 8005 7134 Approving a Conditional Use Permit for Merryville Farms to operate a seasonal produce stand in the Mermaid parking lot 2200 County Road 10 from approx June 20-Sept 3 every year; Planning Case CU2007-003 6-11-07 Item No: 11B Meeting Date: August 13, 2007 Type of Business: Reports 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: Potential Liquor License Suspension/Revocations The Mermaid It has come to Staff’s attention that The Mermaid is late on the first half of their property taxes for 2007. In accordance with the liquor license provisions of the City Code, it states: Subd. 2. Places Ineligible for License: b. No license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the Municipality are delinquent or unpaid. Each liquor license renewal year, Staff sends a letter to the Minnesota Department of Revenue to request for tax information on all off sale and on sale intoxicating liquor licenses in the City. Staff did not receive any information on delinquency of taxes on this property. Attached is the letter sent by Staff to the Minnesota Department of Revenue dated June 2, 2007. The first half of the property taxes were due on May 15th and the second is due on October 15th of this year. Although the property taxes are not considered delinquent on this property, they are considered unpaid for the first half of 2007. Property tax information is available online on the Ramsey County website. I became aware of this online tax information when Robert’s Sports Bar and Entertainment closed its doors on July 16, 2007. Staff discussed this information Kennedy & Graven this afternoon. The City could (1) send a letter to The Mermaid stating that if their property taxes are not paid for the first half of 2007 in 30 days, then the City will start suspension/revocation proceedings of their liquor license; or (2) start the suspension/revocation process immediately by sending an eight day notice to the owner in accordance with the City Code; or (3) do nothing and see if they pay their property taxes in full by October 15th. If the City Council wishes to start the suspension/revocation process, then Staff would send a the 8 day suspension/revocation notice to The Mermaid and schedule a Public Hearing for August 27th. Robert’s Sports Bar and Entertainment Robert’s Sports Bar and Entertainment closed their doors for business on July 26, 2007. It came to the attention to Staff that Robert’s Sports Bar and Entertainment owes Ramsey County on Property Taxes from 2004 to present. Staff spoke to Ramsey County Property Tax Division and they currently need to pay $148,810.50 by December 31, 2007 or it will go to Sheriff’s Sale. Currently they owe $132,230.50. An additional $16,580 will be due on October 15, 2007. Each liquor license renewal year, Staff sends a letter to the Minnesota Department of Revenue to request for tax information on all off sale and on sale intoxicating liquor licenses in the City. Staff did not receive any information on delinquency of taxes on this property. Attached is the letter sent by Staff to the Minnesota Department of Revenue dated June 2, 2007. Taxes on this property are considered delinquent. As indicated with the Mermaid property, Staff spoke with Kennedy and Graven this afternoon. According to Kennedy Graven, the City could (1) send a letter to The Mermaid stating that if their property taxes are not paid in 30 days, then the City will start suspension/revocation proceedings of their liquor license; or (2) start the suspension/revocation process immediately by sending an eight day notice to the owner in accordance with the City Code; or (3) do nothing and see if the property gets sold. Attached is tax information for Robert’s Sports Bar and Entertainment and The Mermaid. Staff would like guidance by the City Council on how to proceed with these two properties. Scott Riggs is currently scheduled to attend the next City Council Meeting scheduled for August 27th.