HomeMy WebLinkAboutAgenda Packets - 2007/08/27C c,
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CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, August 27, 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 City Budget Discussion
B. Presentation to the Ralph R. Reeder Food Shelf from the Festival in the Park Car and
Tractor Show
7. COUNCIL BUSINESS
A. 7:05 pm Public Hearing, Second Reading and Adoption of Ordinance 796,
CenterPoint Franchise Fee Authorization (ROLL CALL VOTE)
B. 7:10 pm Public Hearing, Second Reading and Adoption of Ordinance 797, Xcel
Franchise Fee Authorization (ROLL CALL VOTE)
C. Public Hearing, Resolution 7143, Suspension of an On-Sale Intoxicating Liquor
License for Robert’s Sports Bar and Entertainment.
D. Resolution 7129, Consider a Preliminary Plat for the Abiding Savior Major Subdivision
of 8184 Eastwood Road and 8211 Red Oak Drive.
E. Resolution 7144 Approving a Revised Lease Agreement with the Twin Cities North
Chamber of Commerce
F. First Reading and Introduction of Ordinance 799, an Ordinance Approving an
Amendment to Chapter 12 of the Mounds View City Charter.
G. First Reading and Introduction of Ordinance 798, an Ordinance Amending Chapter
1113 of the Mounds View Zoning Code Related to Therapeutic Massage Businesses.
H. Resolution 7145, Approving a One Year Moratorium on Boxing and Mix Martial
Arts/Ultimate Fighting Events.
I. Resolution 7146 Accepting a Donation from Bethlehem Baptist Church in Mounds
View.
J. Second Reading and Adoption of Ordinance 794, an Ordinance Amending Chapter
1009 of the Mounds View City Code Pertaining to Swimming Pool Fences (ROLL
CALL VOTE)
K. Second Reading and Adoption of Ordinance 795, an Ordinance Amending Chapter
1001 Pertaining to the Building Code (ROLL CALL VOTE)
L. Resolution 7140 Authorizing the Preparation of an Updated Preliminary Feasibility
Report for the 2008 Street and Utility Improvement Project
City Council Agenda
August 27, 2007
Page 2
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, September 10, 2007 at 7:05 pm for the Second
Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment of
Chapter 12 of the Mounds View City Charter.
C. Set a Public Hearing for Monday, September 10, 2007 at 7:10 pm for the Second
Reading and Adoption of Ordinance 798, an Ordinance Amending Chapter 1113 of the
Mounds View Zoning Code Related to Therapeutic Massage Businesses
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. July 9, 2007 City Council Meeting.
B. July 23, 2007 City Council Meeting.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Right of Way Acquisition Request
2. Moe’s Update
C. Reports of City Attorney
12. Next Council Work Session: Tuesday, September 4, 2007 at 7:00 pm
Next Council Meeting: Monday, September 10, 2007 at 7:00 pm
Item No: 7K
Meeting Date: August 27, 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 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.
The City Council approved the introduction and first reading of this ordinance on August
13, 2007.
Recommendation:
Approve the second reading and adoption of Ordinance 795, an Ordinance amending
Chapter 1001 of the Mounds View City Code relating to the Building Code. Staff also
recommends the Council consent to the publication of a summary of the ordinance as
authorized by City Charter section 3.07
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: 7C
Meeting Date: August 27, 2007
Type of Business: PH & CB
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: Public Hearing Resolution 7143 Suspension of an On-Sale Intoxicating
Liquor License for Robert’s Sports Bar and Entertainment located at
2400 County Road H2 in Mounds View.
Background
On July 16, 2007, Staff was informed that Robert’s Sports Bar and Entertainment closed their business.
It came to the attention of 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.
Discussion:
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 from the Minnesota Department of
Revenue. Property tax information is available online on the Ramsey County website. The Assistant to
the City Administrator became aware of this online tax information when Robert’s Sports Bar and
Entertainment closed its doors on July 16, 2007.
In addition to delinquent property taxes, Staff was informed by UMPM, Inc., that Robert’s Sports Bar and
Entertainment has not paid their liquor liability insurance premium, and will not have liquor liability
insurance effective August 27, 2007, (cancellation of insurance attached). In accordance with the liquor
license provisions of the City Code (Section 502.07):
a. Insurance: A certificate that there is in effect an insurance policy or pool providing
coverage of at least:
(1) Fifty thousand dollars ($50,000.00) for bodily injury to any one (1) person in
any one occurrence and subject to the limit of one (1) person, in the amount of one
hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any
one (1) occurrence and in the amount of ten thousand dollars ($10,000,00) for injury to or
destruction of property of others in any one (1) occurrence.
(2) Fifty thousand dollars ($50,000.00) for loss of means of support of any one (1)
person in any one (1) occurrence and, subject to the limit for one (1) person, one hundred
thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in
any one (1) occurrence.
b. Bond: A bond of a surety company with minimum coverages as provided in
subdivision la hereof.
c. Securities: A certificate of the State Treasurer that the licensee has deposited with the
State Treasurer one hundred thousand dollars ($100,000.00) in cash or securities which
may legally be purchased by savings banks or for trust funds having a market value of
one hundred thousand dollars ($100,000.00).
d. Approval by Council: The proof of financial responsibility under this subdivision shall
be approved by the Council and, when required, by the Commissioner of Public Safety.
The Municipal Attorney shall approve the form of the financial responsibility.
Subd. 2. Revocation of License: The operation of such off-sale or on-sale liquor business
without having on file, at all times, with the Municipality proof of financial responsibility
shall be grounds for immediate revocation of the license. Notice of cancellation of a
current liquor liability policy shall service as notice of the impending revocation of the
license. (1988 Code §100.03)
If their liquor liability lapses effective August 27, 2007, then according to City Code 507.02, subd 2.,
this is grounds for immediate revocation of the license.
The law firm representing the owner of Robert’s Sports Bar and Entertainment, did send a letter of
formal response to the City. In this letter, it states that any action to revoke Robert’s Sports Bar and
Entertainment’s liquor license before November 12th, only “interferes with and damages his ability to
sell the business for market value.” The Mounds View City Attorney disagrees and attached is his
response.
The Mounds View City Attorney recommends that the liquor license for Robert’s Sports Bar and
Entertainment be suspended rather than revoked. According to the attached response from the City
Attorney, this would allow Robert’s to return to operation as a licensed entity as soon as possible
should the property comply with all licensed requirements. If the City Council were to revoke their
license, then Robert’s Sports Bar and Entertainment would have to re-submit their liquor license and
pay all applicable fees as if there were a new business coming into Mounds View.
Recommendation:
Staff recommends suspending the On-Sale Intoxicating Liquor License until Robert’s Sports Bar
complies with the licensing requirements.
Respectfully submitted,
Desaree Crane
RESOLUTION NO. 7143
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUSPENSION OF AN ON SALE INTOXICATING LIQUOR LICENSE FOR
ROBERT’S SPORTS BAR AND ENTERTAINMENT
LOCATED AT 2400 COUNTY ROAD H2
WHEREAS, Mr. Greg Waste is the owner of Robert’s Sports Bar and Entertainment located at
2400 County Road H2; and
WHEREAS, on July 16, 2007, Staff was informed that Robert’s Sports Bar and Entertainment
closed for business; and
WHEREAS, it came to the attention of Staff that Robert’s Sports Bar and Entertainment owes
Ramsey County on Property Taxes from 2004 to present; and
WHEREAS, in accordance with the liquor license provisions of the City Code, 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; and
WHEREAS, Robert’s Sports Bar and Entertainment’s Liability Insurance will expire effective
August 27, 2007, due to non-payment of premium; and
WHEREAS, in accordance with the liquor provisions of the City Code, the operation of such
on-sale liquor business without having on file, at all times, with the Municipality proof of financial
responsibility shall be grounds for immediate revocation of the license; and
WHEREAS, the Mounds View City Attorney and City Staff recommends suspension of Robert’s
Sports Bar and Entertainment’s On-Sale Liquor License until all licensing requirements have been met in
accordance with the State Liquor and City Codes.
NOW, THEREFORE BE IT RESOLVED, by the Mounds View City Council, suspend Robert’s
Sports Bar and Entertainment On-Sale Intoxicating Liquor License effective immediately until all licensing
requirements have been met in accordance with the State Liquor and City Codes.
Adopted this 27th day of August, 2007.
______________________________________
Rob Marty, Mayor
ATTEST:
_____________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7D
Meeting Date: August 27, 2007
Type of Business: 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 and 8211 Red Oak Drive; 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.
Public Notice
The City Council held a duly noticed public hearing for this request at their last meeting on
August 13, 2007. Staff had sent notices to all property owners with 350 feet of both parcels
and a few had contacted staff in person or by phone to ask about the Church’s 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.
Abiding Savior Report
Aug 27, 2007
Page 2
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.
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
has the discretion to 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
Option 5 No Dedication at this time $ 0 $ 0
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.
Given the absence of any proposed development activity at this time, staff recommends going
with either Option 5, no dedication imposed at this time, or Option 4, at 10 percent.
Abiding Savior Report
Aug 27, 2007
Page 3
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 the August 13th 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 relocate the power lines absent
development activity. Staff has contacted Xcel regarding the overhead lines and they are
comfortable leaving the lines where they are.
The suggestion was made to dedicate an additional easement area on the plat so that the
overhead power lines would be protected, however easements dedicated on plats run in the
City’s favor and it would not be appropriate to acquire additional easement area for a private
utility provider. Where power lines cross private property, Xcel typically obtains an easement
directly from the property owner, not the municipality. Abiding Savior has however agreed, in
good faith, to relocate the overhead utilities and poles to a common lot line at some future
date.
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.
Abiding Savior Report
Aug 27, 2007
Page 4
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. The Council will need to agree on an
appropriate park dedication fee amount, if any.
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.
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. City Council Resolution 7129
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
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 27th day of August, 2007.
________________________________
Rob Marty, Mayor
ATTEST:
____________________________
Kurt Ulrich, City Clerk/Administrator
(SEAL)
Item No: 7E
Meeting Date: August 27, 2007
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Resolution 7144 Approving a Revised Lease Agreement with the
Twin Cities North Chamber of Commerce
Background:
The lease agreement with the Twin Cities North Chamber originally was negotiated in
2004, with a term running from January 1, 2004 to January 1, 2009. Because the
Mermaid Entertainment and Event Center controlled the space at that time, under a
separate lease agreement with the City, the Twin Cities North Chamber lease was done
as a tri-party lease between the City, the Chamber, and the Mermaid. When the
Mermaid vacated the property the lease was assigned to the City.
The Chamber recently ceased its charitable gambling (e.g., pull-tab) operations and cut
related staff as of July 31, 2007, and has asked that the City consider revising the current
lease rent to eliminate cost of the Gambling Manager’ office.
Discussion:
The Chamber currently leases approximately 1,263 square feet of office space, including
the gaming office.. After the gaming space is removed, the Chamber will continue to
lease about 1,000 square feet from the City. The Chamber has been an excellent tenant
and the Chamber’s presence in the community provides a strong connection to the north
metro business community.
The current monthly rent is based upon the following schedule from the lease agreement:
Years 2004 – 2005: Gross monthly Rent shall be $1,160.00
Years 2006 – 2008: Gross monthly Rent shall be $1,210.00
The City currently has no annual per cent increase with the Chamber as we do with the
other major building tenant, Creative Kids Day Care.
The Chamber has been allocating $363 of their $1210/month rent for that office for the
gaming operation. With the elimination of the gaming operation staff and revenue, the
additional office is no longer needed and the revenue to support the space is gone.
The Chamber has agreed to a 12-month extension of the existing lease covering the
period Jan. 1, 2009-Dec. 31, 2009. The Chamber has also agreed to share the
$75/month cost of the Community Center broadband connection.
City staff is recommending that the Chamber pay $860 ($1210 - $350) + $37.50 for
broadband from 9/1/07 to 12/31/07, then a 3% increase of the base rent on 1/1/08 and
an extension of one additional year with a 3% increase on 1/1/09, plus 50% cost sharing
on the broadband. This rent structure would then be more inline with our other tenants
by providing for an annual inflationary adjustment.
With the addition of the vacant gaming office, the City will have a total of five vacant
offices along that corridor of the community center. Some of the space is currently being
used by small community groups for meetings. Options for the future for that space
include leasing to another private business, government or non-profit agency, expanding
the recreational center uses (e.g., a fitness studio, or making a larger meeting room), or
continuing to lease for small group meetings.
Recommendation:
It is recommended that the City Council adopt the attached Resolution 7144 Approving a
Revised Lease Agreement with the Twin Cities North Chamber of Commerce.
RESOLUTION NO. 7144
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A REVISED LEASE AGREEMENT
WITH THE TWIN CITIES NORTH CHAMBER OF COMMERCE
WHEREAS, a lease agreement with the Twin Cities North Chamber originally
was negotiated in 2004, with a term running from January 1, 2004 to January 1, 2009 as
a tri-party lease between the City, the Chamber, and the Mermaid, and was
subsequently assigned to the City, and
WHEREAS, the Chamber ceased its charitable gambling operations and cut
related staff as of July 31, 2007, and has asked that the City consider revising the current
lease rent to eliminate cost of the Gambling Manager’ office, and
WHEREAS, the City currently has annual per cent increase with the other major
building tenant, Creative Kids Day Care, and
WHEREAS, the Chamber has agreed to a 12-month extension of the existing
lease covering the period Jan. 1, 2009-Dec. 31, 2009. The Chamber has also agreed to
share the $75/month cost of the Community Center broadband connection.
NOW, THEREFORE, BE IT RESOLVED the Lease Agreement between the City
and the Twin Cities North Chamber of Commerce shall be amended to provide that the
Chamber pay $860 base rent plus $37.50 for broadband from 9/1/07 to 12/31/07, then a
3% increase of the base rent on 1/1/08, and an extension of one additional year with a
3% increase on 1/1/09, plus 50% cost sharing of the broadband service expense for
those years.
Adopted this 27th day of 2007.
______________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich
City Clerk/Administrator
(SEAL)
Item No: 7F
Meeting Date: August 27, 2007
Type of Business: CB
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: First Reading of Ordinance 799, an Ordinance Approving an
Amendment to Chapter 12, Section 12.01 of the City
Charter
Attached is Ordinance 799, an Ordinance Amending Chapter 12, Section 12.01 of the
Mounds View City Charter. The intent of the Charter Commission with this amendment is
to clarify language in the City Charter relating to Official Publication.
Consistent with state law, the ordinance would go into effect 90 days after unanimously
being adopted by the City Council. The ordinance requires a public hearing, which will be
scheduled for Monday, September 10, 2007 at 7:05pm.
Recommendation:
Staff recommends the City Council introduce and accept the first reading of Ordinance
799. The Second Reading will go before the City Council by Public Hearing on Monday,
September 10, 2007 at 7:05pm .
Respectfully submitted,
Desaree Crane
ORDINANCE NO. 799
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER
BY AMENDING SECTION 12.01 OF THE CITY CHARTER
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 Charter Commission, has hereby
determined that Section 12.01, of the City Charter be amended by the addition of the
bold and underlined language and by the deletion of the bold and stricken language
as follows:
CHAPTER 12
MISCELLANEOUS AND TRANSITORY PROVISIONS
Section 12.01. Official Publication. The Council shall annually designate a legal newspaper
of general circulation in the City as its primary official newspaper, as well as an optional
secondary newspaper, in which shall be published ordinances and , other matters
required by law andor this Charter to be so published, as well as suchand any other
matters as the Council may deem itis in the public interest to have published in this manner.
SECTION 2. This ordinance shall take effect ninety days after the date of its publication.
Read by the City Council of the City of Mounds View on this 27th day of August, 2007.
Read and passed by the City Council of the City of Mounds View on this day of
__________, 2007.
__________________________________
Rob Marty, Mayor
ATTEST:
__________________________________
Kurt Ulrich, City Clerk-Administrator
(SEAL)
Item No: 7G
Meeting Date: August 27, 2007
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jim Ericson, Community Development Director
Item Title/Subject: First Reading and Introduction of Ordinance 798, an
Ordinance Amending the Zoning Code Related to
Therapeutic Massage Business
Background:
In response to what was then viewed as a deficiency to the City Code, the City Council
adopted Ordinance 583 on September 23, 1996 putting into place detailed regulations and
requirements relating to the licensure and operation of therapeutic massage businesses.
(Refer to Chapter 514, attached.) Six years later, staff reviewed the issue of appropriate
zoning locations with the City Council on November 4, 2002, after realizing that the enabling
ordinance did not identify a specific zoning district or districts within which such a business
could be operated, or if the use would be permitted outright or require a conditional use. The
Council agreed that such a change was warranted, however staffing turnovers would ultimate
result in no action being taken on the issue. Without a request to spur Council action, the
issue was not brought back for Council consideration until now.
Discussion:
Over the years, the City has received inquiries from individuals interested in opening a
massage therapy business and from residents asking about massage therapy as a home
occupation. It is however only recently that someone has decided to pursue such an
enterprise and submit an application to the administration department.
The leasing agent for Silver View Plaza contacted staff about a new massage therapy
business that would like to locate in their facility and asked whether such a use would be
permitted. The ONLY stipulation governing the location of such a business appears in the
Massage Therapy City Code Section 514.10, Subd 2, which states the following:
Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location
of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal
Code.
The Zoning Code is silent on such uses. As a result, staff brought the issue forward to the
Planning Commission last month. The Commission felt that given the detailed and extensive
licensing requirements already in place in Chapter 514 of the City Code, a conditional use
permit would probably not be necessary, and the Commission further suggested that such a
use, being sufficiently similar to a Chiropractor office or other health and beauty clinic, would
be appropriate in commercial districts beginning with the B-2, Limited Business District
(Silverview Plaza is zoned B-2.)
Massage Therapy Report
Aug 27, 2007
Page 2
Based on the Planning Commission’s discussion on July 25, staff prepared a resolution for
their action which recommends to the City Council adoption of an ordinance to allow
Licensed Therapeutic Massage as a permitted use in the B-2 Limited Business Zoning
District. Their resolution, which received unanimously support, is attached for the Council’s
review.
Recommendation:
Based upon the identified deficiency in the Zoning Code relative to Licensed Therapeutic
Massage businesses, staff and the Planning Commission recommend adoption of an
ordinance to resolve said deficiency by identifying Licensed Therapeutic Massage business
as a permitted use within the B-2 Limited Business Zoning District (Chapter 1113 of the
Zoning Code.) Ordinance 798 is attached and available for introduction and first reading if
the City Council concurs with this recommendation. If approved, a public hearing would be
held on September 10, 2007.
_____________________________________
James Ericson
Community Development Director
Attachments:
1. Chapter 514
2. Resolution 872-07
3. Ordinance 798
514.01 514.01
CHAPTER 514
THERAPEUTIC MASSAGE
SECTION:
514.01: Findings
514.02: Definitions
514.03: License Required
514.04: Exemptions
514.05: General Rule
514.06: License Application
514.07: Application and Investigation Fees
514.08: Application Verification and Consideration
514.09: Persons Ineligible for License
514.10: Locations Ineligible for Therapeutic Massage Enterprise License
514.11: General License Restrictions
514.12: Restrictions Regarding Sanitation and Health
514.13: License Term: Renewals
514.14: Suspension: Revocation
514.15: Temporary Therapist License
514.16: Hours of Operation
514.17: Violations and Penalties
514.01: FINDINGS. It is found and determined that:
a. Persons who have recognized and standardized training in therapeutic massage, health and
hygiene provide a legitimate and necessary service to the general public;
b. Health and sanitation regulations governing therapeutic massage enterprises and massage
therapists will minimize the risk of the spread of communicable diseases and promote health and
sanitation;
c. License qualifications for therapeutic massage enterprises and massage therapists will
minimize the risk that such businesses and persons may facilitate prostitution and other criminal
activity in the city; and
d. Massage services provided by persons without recognized and standardized training in
massage can endanger citizens by facilitating the spread of communicable diseases, by exposing
citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury.
514.02 514.04
514.02: DEFINITIONS: The terms defined in this Section have the meanings given them.
Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or
extraneous matter.
Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and
tear, leaks, obstructions and similar defects.
Subd. 3. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another
person with the hands for the purpose of physical fitness, health-care referral, relaxation and for
no other purpose.
Subd. 4. "Operate" means to own, manage or conduct, or to have control, charge or custody over.
Subd. 5. "Therapeutic massage enterprise" means a place of business providing massage services to the
public for consideration: the term does not include a hospital, sanitarium, rest home, nursing
home, boarding home or other institution for the hospitalization or care of other human beings
duly licensed under the provisions of Minnesota Statutes, sections 144.50 through 144.69.
Subd. 6. "Therapeutic massage therapist" means a person who practices or administers massage to the
public for consideration.
Subd. 7. "In the City" means physical presence as well as telephone referrals such as phone-a-massage
operations in which the business premises, although not physically located within the City, serves
as a point of assignment of employees who respond to requests for services in the City.
514.03: LICENSE REQUIRED:
Subd. 1. Therapeutic Massage Enterprise: It is unlawful to operate, offer, engage in or carry on
massage services in the City without a therapeutic massage enterprise license.
Subd. 2. Therapeutic massage therapist license: It is unlawful to practice, administer or provide
massage services in the City without a therapeutic massage therapist license.
514.04: EXEMPTIONS: A therapeutic massage enterprise license or therapeutic massage
therapist license is not required for the following persons and places:
514.04 514.06
a. Persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical
therapy or podiatry, provided that the massage is administered in the regular course of the
medical treatment not provided as part of a separate and distinct massage business;
b. Persons licensed by the state as beauty culturists or barbers, provided the persons do not hold
themselves out as giving massage treatments and provided that massage by beauty culturists is
limited to the head, hand, neck and feet and the massage by barbers is limited to the head and
neck;
c. Persons working solely under the direction and control of a person duly licensed by the state
to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry;
d. Places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home
established for hospitalization or medical care; and
e. Athletic coaches, directors and trainers employed by public or private schools.
514.05: GENERAL RULE: The owner or operator of a licensed therapeutic massage enterprise
may employ only licensed therapeutic massage therapists to provide massage services. The owner or
operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage
therapist unless that owner or operator personally provides massage services.
514.06: LICENSE APPLICATION:
Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license
must contain the following information:
a. For all applicants:
(1) Whether the applicant is an individual, corporation, partnership or other form of
organization;
(2) The legal description of the premises to be licensed together with a plan of the area
showing dimensions, location of buildings, street access and parking facilities;
(3) The floor number, street number and rooms where the massage services are to be
conducted;
(4) Whether all real estate and personal property taxes that are due and payable for the
premises to be licensed have been paid, and if not, the years and amounts that are unpaid;
514.06 514.06
(5) If the application is for premises either planned or under construction or undergoing
substantial alteration, the application must be accompanied by preliminary plans showing the
design of the proposed premises; if the plans for design are on file with the building inspector,
no plans need be submitted;
(6) The name and street address of the business if it is to be conducted under a
designation, name or style other than the name of the applicant, and a certified copy of the
certificate required by Minnesota Statutes, section 333.02;
(7) Other information that the City Council may require.
b. For applicants who are individuals:
(1) The name and date of birth and of the applicant and applicant's residence address;
(2) If the applicant has ever used or been known by a name other than the applicant's
name, and if so, the name or names and information concerning the dates and places where used;
(3) Residence addresses of the applicant during five (5) years preceding the date of
application;
(4) The type, name and location of every business or occupation the applicant has been
engaged in during the preceding five (5) years;
(5) Names and addresses of the applicant's employers for the preceding five (5) years;
(6) If the applicant has ever been convicted of a felony, crime or violation of an
ordinance other than a minor traffic offense; if so, the applicant must furnish information as to
the time, place and offense involved in the convictions;
(7) If the applicant has ever been engaged in the operation of massage services; if so, the
applicant must furnish information as to the name, place and length of time of the involvement in
such activity.
c. For applicants that are partnerships:
(1) The names and addresses of general and limited partners and the information
concerning each general partner described in subdivision 1b of this Section;
(2) The managing partners must be designated, and the interest of each general and
limited partner in the business must be disclosed;
514.06 514.06
(3) A true copy of the partnership agreement must be submitted with the application, and
if the partnership is required to file a certificate as to a trade name under Minnesota Statutes,
section 333.02, a certified copy of that certificate must be submitted.
The license if issued will be in the name of the partnership.
d. For applicants that are corporations:
(1) The name of the organization, and if incorporated, the state of incorporation;
(2) A true copy of the certificate of incorporation, and, if a foreign corporation, a
certificate of authority as described in Minnesota Statutes, section 303.02;
(3) The name of the general manager, corporate officers, proprietor, and other person in
charge of the premises to be licensed, and the information about those persons described in
subdivision lb;
(4) A list of the persons who own or have a controlling interest in the corporation or
organization or who are officers of the corporation or organization, together with their addresses
and the information regarding such persons described in subdivision 1b of this Section.
Subd. 2. Therapeutic massage therapist: An application for a therapeutic massage therapist license
must contain the following information:
a. The applicant's name and address;
b. The applicant's current employer;
c. The applicant's employers for the previous five (5) years, including employer's name, address
and dates of employment;
d. The applicant's residence address for the previous five (5) years;
e. The applicant's social security number, date of birth, home telephone number, weight, height,
color of eyes and color of hair;
f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other
than a minor traffic offense and, if so, the time, place and offense involved in the convictions;
g. If the applicant has ever used or been known by a name other than the applicant's name, and if
so, the name or names and information concerning dates and places where used;
514.06 514.08
h. Evidence that the applicant:
(1) Has current insurance coverage over one million dollars ($1,000,000.00) for
professional liability in the practice of massage;
(2) Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by
the City;
(3) Has completed four hundred (400) hours of certified therapeutic massage training
from a recognized school that has been approved by the Clerk-Administrator;
(4) Has one (1) year of experience practicing massage therapy as established by an
affidavit and can document within two (2) years of obtaining the license that the person has
completed four hundred (400) hours or certified therapeutic massage training from a recognized
school; if such documentation cannot be established at the time of license renewal, the license
will not be renewed and the person who received the license based upon experience may not
receive a license in the future unless the person has the requisite certified hours.
i. Other information that the City Council may require.
514.07: APPLICATION AND INVESTIGATION FEES: The fees for a massage enterprise
and therapist licenses are set forth from time to time by City Council resolution. An investigation fee
will be charged for therapeutic massage enterprise licenses. An application for either license must be
accompanied by payment in full of the required license and investigation fees, if applicable.
514.08: APPLICATION VERIFICATION AND CONSIDERATION:
Subd. 1. Therapeutic massage enterprise license: The Clerk-Administrator must verify the information
supplied on the license application and investigate the background, including the criminal
background, of the applicant to assure compliance with this Section. Within ninety (90) days of
receipt of a complete application and fee for a therapeutic massage enterprise license, the Clerk--
Administrator must make a written recommendation to the City Council as to issuance or non-
issuance of the license. The City Council may order additional investigation if it deems it
necessary, but must grant or deny the application within one hundred twenty (120) days of receipt
by the Clerk-Administrator of the complete application and required fees.
Subd. 2. Therapeutic massage therapist license: Within ninety (90) days of receipt of a complete
application and fee for a therapeutic massage therapist license, the Clerk-Administrator must
grant or deny the application. Notice will be sent to the applicant upon a denial informing the
applicant of the right to appeal to the City Council within twenty (20) days. If an appeal is
properly made, the matter will be placed on the next available City Council agenda.
514.09 514.10
514.09: PERSONS INELIGIBLE FOR LICENSE:
Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not
be issued to an individual who:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence
of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a
licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3;
c. Is not of good moral character or repute;
d. Is not the real party in interest of the enterprise;
e. Has misrepresented or falsified information on the license application.
Subd. 2. Therapeutic Massage Therapist License: A therapeutic massage therapist license may not be
issued to a person who could not qualify for a therapeutic massage enterprise license or who is
not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise
license.
514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE
LICENSE:
Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise is located on property
on which taxes, assessments or other financial claims to the state, county, school district or City
are due and delinquent. In the event a suit has been commenced under Minnesota Statutes,
sections 278.01-278.13, questioning the amount or validity of taxes, the City Council may on
application waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after
becoming due.
Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of
such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.
514.11 514.12
514.11: GENERAL LICENSE RESTRICTIONS:
Subd. 1. Posting: A therapeutic massage enterprise license issued must be posted in a conspicuous
place on the premises for which it is used. A person licensed as a therapeutic massage therapist
must have in possession a copy of the license when therapeutic massage services are being
rendered.
Subd. 2. Area: A therapeutic massage enterprise license is effective only for the compact and
contiguous space specified in the approved license application. If the licensed premises is
enlarged, altered or extended, the licensee must inform the Clerk-Administrator. A licensed
therapeutic massage therapist may perform on-site massage at a business, public gathering,
private home. or other site not on the therapeutic massage enterprise premises.
Subd. 3. Transfer: The license issued is for the person or the premises named on the approved license
application. Transfer of a license from place to place or from person to person is not permitted.
Subd. 4. Coverings: The therapist must require that the person who is receiving the massage will at all
times have that person's breasts, buttocks, anus and genitals covered with nontransparent material
or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and
genitals covered with a non-transparent material or clothing.
Subd. 5. Prohibited Massage: A therapist may not intentionally massage or offer to massage the penis,
scrotum, mons veneris, vulva or vaginal area of a person.
514.12: RESTRICTIONS REGARDING SANITATION AND HEALTH:
Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located
toilet rooms for the accommodation of its employees and patrons. The toilet room must be well
ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must
be kept clean and in good repair and be fully and adequately illuminated.
Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to
cover the table, chair, furniture or area on which the patron receives the massage. If the table,
chair or furniture on which a patron receives the massage is made of material impervious to
moisture, such table, chair or furniture must be sanitized after each massage.
Subd. 3. The therapeutic massage therapist must wash the therapist's hands and arms with water and
soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage
service performed.
Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have
surfaces that can be readily disinfected after each massage.
514.12 514.15
Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated.
Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of
cleaning supplies.
Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be
emptied as required by this code.
Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition.
Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor
Clean Air Act.
Subd. 10. A therapeutic massage enterprise must take reasonable steps to prevent the spread of
infections and communicable diseases on the licensed premises.
Subd. 11. Massage therapists must wear clean clothing when performing massage services.
514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The
license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The
Clerk-Administrator must prepare an application form for the renewal of a license requiring information
that the manager determines necessary for consideration of the renewal. The renewal application must be
made no later than November 30.
514.14: SUSPENSION; REVOCATION: A license granted under this Section may be
suspended or revoked by the City Council by resolution upon notice and public hearing for any violation
of this Chapter, a conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect
statement in the license application or in the course of operating or conducting business.
514.15: TEMPORARY THERAPIST LICENSE:
Subd. 1. The Clerk-Administrator may issue a temporary therapeutic massage therapist license as
provided in this subsection.
Subd. 2. A temporary massage therapist license may be issued to a person who:
a. Is qualified to hold a massage therapist license under this Section;
b. Has completed the required application and paid the license fee at least seven (7) days prior to
the effective date of the license.
514.15 514.17
Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued
more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive
days.
Subd. 4. All other provisions of this Section apply to temporary licenses.
514.16: HOURS OF OPERATION: A licensed therapeutic massage enterprise may not operate
for business between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m.
514.17: VIOLATIONS AND PENALTIES: Any person who violates any provision of this
Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in
Section 104.01 of this Code. (Ord. 583, 9-23-96)
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 872-07
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
CHAPTER 1113 OF THE MOUNDS VIEW ZONING CODE RELATING TO
THERAPEUTIC MASSAGE BUSINESSES
WHEREAS, City staff, working in conjunction with the Administration Department,
has identified an omission within the Zoning Code relating to “Licensed Therapeutic
Massage” businesses; and,
WHEREAS, Chapter 514 of the City Code establishes detailed and stringent
licensing provisions for Therapeutic Massage businesses and the massage therapists
employed by such businesses; and,
WHEREAS, the Zoning Code does not presently identify a suitable zoning district
within which such a business may be located; and,
WHEREAS, the Planning Commission reviewed this issue at their meeting on July
25, 2007, formulating direction to staff to prepare a code amendment to permit such
licensed businesses beginning in the B-2, Limited Business Commercial zoning district.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of an amendment to Chapter 1113 of the Mounds View
Zoning Code, B-2, Limited Business Zoning regulations, to identify “Licensed Therapeutic
Massage” businesses as a permitted use.
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 8th day of August, 2007.
_____________________________________
Gary Stevenson, Chairperson
ATTEST:
_____________________________________
James Ericson, Community Development Director
(SEAL)
ORDINANCE NO. 798
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVAL OF AN AMENDMENT TO CHAPTER 1113 OF THE MOUNDS VIEW
ZONING CODE TO IDENTIFY LICENSED THERAPEUTIC MASSAGE AS A
PERMITTED USE WITHIN THE B-2, LIMITED BUSINESS 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 1113 of the Mounds View Zoning Code be amended by alphabetically
inserting a reference to “Therapeutic Massage” as follows:
1113.02: Permitted Uses: The following are permitted uses in a B-2 District:
* * *
Shoe repair
Therapeutic Massage, as defined and regulated in Chapter 514 of the Municipal Code.
Travel bureaus, transportation ticket offices
SECTION 2. 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 27th day of August, 2007.
PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City
of Mounds View this 10th day of September, 2007.
_____________________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich, City Administrator
(seal)
Item No. 07H
Meeting Date: August 27, 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 7145, Approving a One Year Moratorium on
Boxing and Mix Martial Arts/Ultimate Fighting
Background:
At the August 6 2007, Work Session, Staff updated the Mounds View City Council on
Ultimate Fighting. Staff informed the City Council that the Minnesota State Boxing
Commission has been reinstated, and will be responsible for the sole direction,
supervision, regulation, control and jurisdiction over all boxing and mix martial
arts/ultimate fighting contests held within the state.
Discussion:
At the August Work Session, Staff was given direction by the City Council to draft a One
Year Moratorium Resolution to postpone any boxing or mixed martial arts/ultimate
fighting activities in the City of Mounds View. This One Year Moratorium would give
Staff and the City Council time to review the processes and policies as outlined by the
Minnesota State Boxing Commission, and ensure that these policies are being followed.
Attached is Resolution 7145 for your consideration.
Recommendation:
Staff recommends approval of attached Resolution 7145, Approving a One-year
Moratorium on Ultimate Fighting.
Respectfully submitted,
Desaree Crane
RESOLUTION NO. 7145
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A ONE-YEAR MORATORIUM ON BOXING AND MIX
MARTIAL ARTS/ULTIMATE FIGHTING EVENTS
WHEREAS, Staff has been informed that the Minnesota State Boxing
Commission has been reinstated; and
WHEREAS, the Minnesota Boxing Commission was created by the 2006
Legislature, and it responsible for the sole direction, supervision, regulation, control and
jurisdiction over all boxing and ultimate fighting contests held within the state; and
WHEREAS, Staff was given direction by the City Council to draft a One Year
Moratorium Resolution to postpone any boxing or mixed martial arts/ultimate fighting
activities/events in the City of Mounds View; and
WHEREAS, this One Year Moratorium would give Staff and the City Council time
to review the processes and policies as outlined by the Minnesota State Boxing
Commission, and ensure that these policies are being followed; and
WHEREAS, this One Year Moratorium shall be in effect one year after adoption
of this Resolution.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council
approve this On-Year Moratorium on Boxing and Mix Martial Arts/Ultimate Fighting
events in the City of Mounds View effective one year after adoption of this Resolution.
NOW, THEREFORE BE IT FURTHER RESOLVED, that City Staff will provide a
report to update the Mounds View City Council on these types events prior to the
expiration of this One Year Moratorium.
Adopted this 27th day of August, 2007.
_____________________________________
Rob Marty, Mayor
ATTEST:
____________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7I
Meeting Date: August 27, 2007
Type of Business: CB
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 7146 Accepting a Donation from Bethlehem
Baptist Church in Mounds View.
Attached for your consideration is Resolution 7146, accepting a donation from
Bethlehem Baptist Church and authorizing the allocation of the donation according to
the suggestions stated in the attached letter. This resolution gives authorization to
amend the 2007 budget accordingly.
Recommendation:
Staff recommends approval of Resolution 7146.
Respectfully submitted,
Desaree M. Crane
RESOLUTION 7146
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLTUION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH
WHEREAS, Bethlehem Baptist Church has generously supported activities that
have benefited the residents of Mounds View; and
WHEREAS, Bethlehem Baptist Church would like to continue that support by
making a contribution to the City of Mounds View of $15,918 to support the following
below:
1. $6,632.50 to support STAND program and the SAIL program for students
attending Edgewood Middle School;
2. $6,632.50 to the Mounds View Park and Recreation Department for
ongoing park improvement projects;
3. Bethlehem Baptist Church additionally recommends that the second half
donation of the 2007 “TIF Note Gift” of $2,653 be placed in the EDA Fund
to be used for activities that continue to support the economic climate of
the City of Mounds View; and
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
gratefully acknowledges the donation of $15,918 from Bethlehem Baptist Church and
amends the 2007 Budget accordingly.
Adopted this 27th day of August, 2007
_____________________________________
Rob Marty, Mayor
ATTEST:
____________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7J
Meeting Date: August 27, 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 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 July worksession 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.
The Council approved the first reading and introduction of the proposed amendments on
August 13, 2007.
Recommendation:
Staff recommends approval of the second reading and adoption of Ordinance 794, an
ordinance amending Chapter 1009 relating to Swimming Pools and associated fencing
requirements. Staff also recommends the Council consent to the publication of a summary
of the ordinance as authorized by City Charter section 3.07.
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: 08A
Meeting Date: August 27, 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.
Graphic Specialties, Inc. Sign Installation New
Kleve Heating & Air Conditioning, Inc. HVAC New
Marsh Heating & Air Conditioning HVAC New
Master Gas Fitters HVAC Renewal
Misbe Tree Service Tree Trimming/Removal New
Pete Joseph & Sons Masonry/Concrete New
Premier Siding, Inc. General (Commercial) New
Residential Concrete Specialists, LLC Masonry/Concrete New
Roseville Plumbing & Heating, Inc. HVAC New
Staff Recommendation: Approve license applications as requested.
Staff received no changes or corrections.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
July 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, Flaherty, Hull, Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
21
A. Monday, July 9, 2007 City Council Agenda 22
23
MOTION/SECOND: Mueller/Stigney. To Approve the Monday, July 9, 2007 agenda as 24
amended. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
David Jahnke 8428 Eastwood Road said he just wanted to bring to the Council attention the 31
beautiful picture from the Minneapolis Star Tribune. He then provided it to them. 32
33
6. SPECIAL ORDER OF BUISNESS 34
35
None. 36
37
7. COUNCIL BUSINESS 38
39
A. Continued Public Hearing to Consider the Second Reading and Adoption of 40
Ordinance 790, an Ordinance Amending Chapters 3 and 5 of the Mounds 41
View City Charter 42
43
Mounds View City Council July 9, 2007
Regular Meeting Page 2
City Administrator Ulrich explained that the Charter Commission has looked at this and Council 1
has reviewed it at a work session and has heard it on first reading. The Charter Commission and 2
Staff have made requested changes and recommend approval on Second Reading. 3
4
Barbara Thomas, Secretary of the Charter Commission, indicated she was present to answer any 5
questions the Council may have as Mr. Thomas, the Chair of the Charter Commission, was 6
unable to attend. 7
8
Hearing no public comments, Mayor Marty closed the public hearing. 9
10
Council Member Mueller said that she read through this carefully and found no issues with it. 11
12
Council Member Stigney pointed out on the Resolution in Section 5.03 and 5.04 should be left 13
formatted to the left. 14
15
Ms. Thomas indicated that it will be properly formatted when the Attorney’s put the language 16
into the Charter. 17
18
Council Member Stigney said that he agrees with the City Attorney’s opinion regarding the 19
timeframe for publication and he would like to go back to the language “as soon as practicable”. 20
21
Council Member Stigney would like to clear up the ambiguity in the petition process itself and it 22
has to do with not having enough signatures because there could be a situation where they are 23
short of the required signatures and they are allowed more time to gather signatures. The other 24
issue he has is that a person can remove their name at any time up until the City Administrator 25
delivers the petition to the Council and he thinks that they should be able to remove their name at 26
any time during the process. He further said that he would like to have a provision that the 27
petitioners can withdraw the petition. 28
29
Ms. Thomas said that one of the conversations among the attorney and Staff is that there are a lot 30
of scenarios where someone could choose to cheat the system and this is to address legitimate 31
situations of the resident. The City Attorney and the Charter Commission has agreed to look at 32
an amendment to grant the Council specific authority to allow further restrictions on petitions 33
and do that by Ordinance rather than the Charter. 34
35
Ms. Thomas said that language regarding the City Clerk Administrator allowing removal of 36
names there is no language regarding removal of names. 37
38
Ms. Thomas said that the length of time is a difference of opinion because there is no way to 39
have a timeline with language of “as soon as practicable.” 40
41
Council Member Mueller said that now an insufficient petition has a defined time to become 42
sufficient. With the cleanup of the language, the dates and the timing shown in the flow charts 43
match. It is a change in that the charter amendment allows 'not to exceed 21 days' instead of the 44
Mounds View City Council July 9, 2007
Regular Meeting Page 3
original 30 days. She then said that she thinks that this amendment has done a good job of 1
outlining how a valid petition should be handled. 2
3
City Administrator Ulrich explained that this would require a unanimous vote. 4
5
Mayor Marty indicated he could see Council Member Stigney’s points. He then said that a 6
handful of residents could petition everything and really cause issues with running the City. 7
8
Ms. Thomas said that this Charter Amendment shortens the timeframe for the delay. 9
10
Mayor Marty said that he would like to get this amended. 11
12
Ms. Thomas said that her concern is that there is no consensus for that because it is a 13
philosophical debate regarding the numbers needed for the petition. She further said that it is a 14
hypothetical question that needs to be debated. 15
16
Community Development Director Ericson said that he feels that this amendment does make 17
huge progress with an issue with the Charter and he does agree that it is a good suggestion to 18
move forward with the Ordinance as it sits and then move forward with discussions on the items 19
raised at this meeting. He then said that he is not comfortable with the date certain for 20
ordinances and the publication time lines. 21
22
Mayor Marty said that the colored copy was easier to read on the computer than the black and 23
white copy in the packets. 24
25
Council Member Flaherty said that he sees the level of frustration of the Charter Commission 26
members and this is a work in progress. 27
28
Mike Haubrich, member of the Charter Commission, said that there is a position of liaison from 29
the Council to the Charter Commission. 30
31
Council Member Stigney said that this is so close to being really cleaned up he really feels bad 32
that someone feels the need to publish it the way it is. He then said that he does not see any rush 33
at all to get this published now. He then said that he feels that the sufficiency is part of how this 34
should be handled and this is the time to look at this. 35
36
Ms. Thomas clarified that the items outstanding are philosophical debates on how controlling the 37
Charter needs to be. 38
39
Council Member Stigney said that there is no clarity as to whether it is the first time around or 40
the second time around and when or if signatures can be removed. He then said that someone 41
could have only five signatures and drag something out for 180 days, plus 21 days, plus another 42
10 days only to determine that the whole thing is insufficient. 43
44
Mounds View City Council July 9, 2007
Regular Meeting Page 4
Ms. Thomas said that she takes some offense to the disrespect to the Commissioners time that the 1
statement of Council Member Stigney makes. The reason for delay is that they have other things 2
that they need to do and they disagree with the timeline. They disagree at the statement of 3
allowing citizens a defined period of time for the petition and to take it away would be a 4
significant taking away of rights of the citizen that they do not support. She further said that 5
what was called ambiguity was left to best fit the median needs of the community and any further 6
changes would require significant philosophical debate. 7
8
Ms. Thomas said that this is at a stage where decisions need to be made and, if this does not 9
move forward, they will put it to a vote. 10
11
Council Member Mueller said that in cleaning these chapters up and developing the flow chart, 12
the document becomes easier for residents to use. She then said that it may not be the perfect 13
document but it is an improvement and she feels it is important for the Council to accept the hard 14
work that has been done to this point. She further said that some of the issues raised will need to 15
be put to a vote as they will change the intent of the Charter. 16
17
Mayor Marty said that he appreciates the work of the Charter Commission. He then said that this 18
is not perfect but it is much better than it was before. 19
20
Ms. Thomas said that the Charter Commission, City Attorney, and City Staff could, if the 21
Council had something specific on an amendment to allow the Council to make further 22
restrictions on the petition sufficiency, bring that amendment back to Council fairly quickly. 23
However, if that one amendment would not be enough, then it would take much more time and 24
would require a philosophical debate. 25
26
City Attorney Riggs said that the Charter Commission has done a great job and he is able to put 27
aside his concern on the publication dates. He then said that the issue of whether there is a 28
petition that is sufficient and whether there should be a sentence to cover circumventing the 29
process. 30
31
Ms. Thomas said that the Charter Commission has discussed that but feels that it would be easier 32
for Council to do that by Ordinance than it would be to add it to the Amendment. 33
34
City Administrator Ulrich requested Staff be allowed time to work on the language to address the 35
sufficiency issue and bring this back to the next meeting. 36
37
Council Member Mueller pointed out that Mr. Thomas had asked for input from Council on 38
things that members would like to see. She then said that she understands that a frivolous 39
petition could delay action on an Ordinance but she believes that the body of this could be 40
accepted now and add to the wish list for the Charter Commission to look at a definition of a 41
frivolous petition and how to handle it. 42
43
David Jahnke said that he did not think that Council Member Stigney’s comment was offensive 44
because he meant that this is so close to the finish line it should be finished. 45
Mounds View City Council July 9, 2007
Regular Meeting Page 5
1
Council Member Stigney said that he would like the problem of sufficiency addressed but it 2
could be by Staff, the Charter Commission or Council. The other two things were discrepancies 3
between the language and the flow chart and it is important to correct them. 4
5
Council Member Flaherty expressed his support of the proposed Charter amendment and the 6
recommended language on timelines and sufficiency. He feels that the Charter amendment 7
presented should be approved keeping in mind that a subsequent clarifying amendment may be in 8
order. 9
10
City Administrator Ulrich and City Attorney Riggs agreed to work on the language to present to 11
the Charter Commission for consideration. 12
13
MOTION/SECOND: Marty/Stigney. To Continue this Matter to the July 23, 2007 Council 14
Meeting. 15
16
Council Member Mueller said that the sufficiency information is set up in the Charter to be fair 17
both to the City and the residents and it does not define what the petition is and she thinks that a 18
definition is one thing but anything beyond that is something that should go before the voters. 19
20
Council Member Stigney indicated that the petitioning procedure and how it is spelled out in the 21
Charter should be corrected. 22
23
Mayor Marty agreed that Council will take a vote at the next meeting, one way or the other, in 24
order to keep this from being sent back to the Charter over and over again. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
B. Second Reading and Adoption of Ordinance 793, an Ordinance Amending 29
the Zoning Code to Eliminate References to the Former PF Zoning District 30
31
Community Development Director Ericson explained that first reading was heard on June 25, 32
2007. The purpose of the amendment was to clean up the PF Zoning District language and 33
remove it from the City’s Code as well as clarification that towers can be placed on City owned 34
land, not just park land. The second amendment includes the City Forester in the plans for 35
review. 36
37
Mayor Marty opened the public hearing at 8:23 p.m. 38
39
Hearing no public comments, Mayor Marty closed the Public Hearing. 40
41
MOTION/SECOND: Marty/Hull. To Waive the Reading and Adopt Ordinance 793, an 42
Ordinance Amending the Zoning Code to Eliminate References to the Former PF Zoning 43
District. 44
45
Mounds View City Council July 9, 2007
Regular Meeting Page 6
ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 1
2
Ayes – 5 Nays – 0 Motion carried. 3
4
C. Resolution 7113, appointing members to the Comprehensive Plan Taskforce 5
6
Community Development Director Ericson explained that the City has advertised and talked to 7
each of the Commissions involved in this process and there are members to be appointed to the 8
Taskforce. He then said that the Taskforce is open to and welcome to having any others from 9
Council participate that would like to do so. 10
11
Director Ericson indicated that Mary Mullen cannot participate leaving an opening for anyone 12
interested in applying. 13
14
MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 7113, Appointing Members to 15
the Comprehensive Plan Taskforce. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
D. Resolution 7110 Approving the Parks Improvement Plan and Authorizing 20
the Purchase of Items Associated with the 2007 Parks Improvement Project 21
22
This item was stricken from the Agenda. 23
24
E. Resolution 7112 Adopting a Joint Resolution of the City of Mounds View and 25
the Mounds View Economic Development Authority Consenting to an 26
Additional Extension for the Time Period to Remove Two Billboards 27
28
City Administrator Ulrich recommended that the Council adopt Resolution 7112 allowing until 29
July 23, 2007 to consider negotiation of the agreement to remove the billboards. 30
31
MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 32
33
Mueller commented that with her second is the understanding that this is the final extension. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
8. CONSENT AGENDA 38
39
A. Licenses for Approval 40
B. Resolution 7111, Authorizing the Purchase of Festival in the Park T-Shirts 41
for City Council and Staff 42
43
Council Member Mueller requested that Item B be removed for discussion. 44
45
Mounds View City Council July 9, 2007
Regular Meeting Page 7
MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Item A. 1
2
Ayes – 5 Nays – 0 Motion carried. 3
4
B. Resolution 7111, Authorizing the Purchase of Festival in the Park T- 5
Shirts for City Council and Staff 6
7
Council Member Mueller indicated that there are Council Members and Staff that are already 8
purchasing T-Shirts so they would need to be reimbursed or decide to donate the fee to the 9
Festival in the Park. 10
11
Council Member Mueller added that the purchase be for City Council Members, Staff and 12
Festival volunteers. She then said that the good news is the approximate cost of $600.00 was 13
based on what they are selling the T-Shirts for but, she believes, that the City could pay cost and 14
get all of the volunteers for the $600.00. She further said that she thinks that there is not a need 15
for putting the words Staff or Volunteer on the shirt. 16
17
Mayor Marty said that the reason for having a different color for Staff or Council that would help 18
the residents. 19
20
Council Member Mueller said that they could achieve the result with a name tag or in another 21
manner rather than using the Staff or Volunteer designation because they would like the shirts to 22
be worn more than once. She then said that they could look into a different color. 23
24
Council Member Flaherty said that the different colored shirts would give instant recognition for 25
residents who need assistance. 26
27
Council Member Stigney said he is confused about whom Staff is and whether it is those that are 28
signed up to work the Festival or all employees that work in the City. 29
30
Community Development Director Ericson indicated that the front office Staff was intending to 31
wear their T-Shirts for a couple Fridays prior to the Festival to promote it. 32
33
Council Member Stigney said that he would like to have it state Staff on the backs of the shirts of 34
Staff to set them out. 35
36
Mayor Marty would like the Staff shirts to be a bright neon green or something that would stand 37
out. 38
39
Ms. Thomas said that the residents will not know what the various colors mean so a single color 40
for all would help residents with who to go to and anyone that is volunteering will know who to 41
go to for helping lost children or for a medical situation. 42
43
Mounds View City Council July 9, 2007
Regular Meeting Page 8
MOTION/SECOND: Stigney/Hull. To Approve Resolution 7111 with a Separate Color for 1
Staff and it will State Staff on the Back and the Money will Come out of the North Metro 2
Visitor’s and Convention Bureau. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
9. JUST AND CORRECT CLAIMS 7
8
Council Member Stigney, on Page 6, security system key pad he would like to know where that 9
is. 10
11
Finance Director Beer explained that it was for the Childcare Door and it was not functioning 12
properly. 13
14
Council Member Stigney, 01055-25 asked whether the mileage for this comes out of the Cable 15
Fund. 16
17
Finance Director Beer indicated that it does. 18
19
Council Member Mueller, On Page 9, she asked what a chip seal marker is. 20
21
Staff explained. 22
23
MOTION/SECOND: Mueller/Stigney. To Approve Just and Correct Claims as Presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
10. APPROVAL OF MINUTES 28
29
A. May 14, 2007 30
31
Mayor M arty indicated he called in his changes to Staff today. 32
33
Council Member Stigney, On Page 9, Line 30, correct they to she. 34
35
Mayor Marty, On Page 4, Line 25 and 26 noted he corrected a comment of Council Member 36
Stigney and read it for him. 37
38
Council Member Stigney agreed with the correction as read. 39
40
Council Member Flaherty said that these Minutes seem to be more than 60 days old and Ms. 41
Crane has assured him that it normally does not take this long. 42
43
MOTION/SECOND: Marty/Stigney. To Approve the May 14, 2007, City Council Meeting 44
Minutes as Amended. 45
Mounds View City Council July 9, 2007
Regular Meeting Page 9
1
Ayes - 5 Nays – 0 Motion carried. 2
3
B. June 11, 2007 4
5
Council Member Mueller, On Page 2, Item 6 business is spelled incorrectly. On Page 5, Line 40, 6
insert and was given a wrist band for $15.00. Page 6, “of the enactment” remove the second 7
time. 8
9
Council Member Mueller On Page 11, Line 29, should be public and criticize and discipline in 10
private. On Page 15, Line 36, correct spelling of Noel’s last name is Vainekka. 11
12
MOTION/SECOND: Flaherty/Mueller. To Approve the June 11, 2007 Council Meeting 13
Minutes as Amended. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
11. REPORTS 18
19
A. Reports of Mayor and Council 20
21
Council Member Mueller noted that Festival in the Park planning is moving along nicely but they 22
are still seeking vendors and crafters as well as additional volunteers. She then noted that, after 23
July 15, 2007, the price for registering vehicles for the car show goes up to $15.00. 24
25
B. Reports of Staff 26
27
City Administrator Ulrich noted that there were two people working in the cable booth tonight in 28
an attempt to improve production and work on training. 29
30
City Administrator Ulrich reported that Xcel Energy is putting in fiber optics on Eastwood Road 31
and there were some issues with residential sewers and the report describes the situation and that 32
should not happen again. 33
34
City Administrator Ulrich reported that the City received 31 applications for the Cable 35
Coordinator position and the interview process will begin next week. 36
37
City Administrator Ulrich reported that the Ramsey County Fair begins July 11, 2007. 38
39
City Administrator Ulrich noted that the EDA meeting will be continued after this meeting. 40
41
Mayor Marty informed residents to contact City Hall if they do not receive a copy of Mounds 42
View Matters. 43
44
Mayor Marty noted he has received calls in support of getting the streets repaired. 45
Mounds View City Council July 9, 2007
Regular Meeting Page 10
1
Community Development Director Ericson announced that the new website is up and running. 2
He then demonstrated the new website and its features for the Council and residents. 3
4
City Administrator Ulrich commended Director Ericson for his efforts to get the new website up 5
and running. 6
7
Community Development Director Ericson reported that the Economic Development Specialist 8
candidate selected did not accept the position. And, after reviewing the existing applications, 9
Staff would like to advertise for the position to clarify that there is a range of pay involved. 10
11
Director Ericson no update at this time on Mr. Perrozzi’s situation beyond what was included in 12
the Staff report. 13
14
Director Ericson received major subdivision for Abiding Savior Lutheran Church that will be 15
going before the Planning Commission. 16
17
Mayor Marty would like to improve the color of the video that is rebroadcast because when he 18
watches them the Council Members are green and yellow. 19
20
C. Reports of City Attorney 21
22
12. Next Council Work Session: Monday, August 6, 2007, at 7 p.m. 23
Next Council Meeting: Monday, July 23, 2007, at 7 p.m. 24
25
13. ADJOURNMENT 26
27
The meeting was adjourned at 9:12 p.m. 28
29
Transcribed by: 30
31
32
Joan Lenzmeier, Recording Secretary 33
TimeSaver Off Site Secretarial, Inc. 34
Corrections made by Mayor Marty
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
July 23, 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
NOT PRESENT: None. 17
18
4. APPROVAL OF AGENDA 19
20
A. Monday, July 23, 2007 City Council Agenda 21
22
MOTION/SECOND: Flaherty/Mueller. To Approve the Monday, July 23, 2007 City Council 23
Agenda as Amended. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
None. 30
31
6. SPECIAL ORDER OF BUISNESS 32
33
A. Festival in the Park “Design a T-Shirt Contest Winner” 34
35
Item Removed. 36
37
7. COUNCIL BUSINESS 38
39
A. Continued Public Hearing to Consider the Second Reading and Adoption of 40
Ordinance 790, an Ordinance Amending Chapters 3 and 5 of the Mounds 41
View City Charter 42
43
Administrator Ulrich reviewed the Amendment to the Charter with the Council and explained 44
that Staff feels that the changes made address the issues raised at the July 9, 2007 meeting. 45
Mounds View City Council July 23, 2007
Regular Meeting Page 2
Administrator Ulrich explained that the City Attorney feels that the Chapter 12 amendment 1
should be published for public hearing ,as it was not originally published. 2
3
Council Member Mueller noted that the Charter states that the Clerk Administrator determines 4
sufficiency of a petition. And, she is a little bit concerned with not seeing a definition of a 5
frivolous petition, because that allows the Council to throw a petition out without having true 6
cause to determine it frivolous. 7
8
Mr. Thomas, Chair of the Charter Commission, addressed the Council and explained the purpose 9
behind how the document was drafted. 10
11
City Attorney Riggs suggested defining the criteria used to determine that a petition is frivolous. 12
13
Mr. Thomas commented that the changes to Chapter 12 were necessary due to changes to 14
Chapters 3 and 5 for consistency. 15
16
MOTION/SECOND: Marty/Mueller. To Approve Ordinance 790, an Ordinance Amending 17
Chapters 3 and 5 of the Mounds View City Charter. 18
19
Council Member Stigney said that this addresses his major issue with frivolous petitions and, 20
there are several other things, but none of them serious enough to force this to a referendum. 21
22
ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
B. Resolution 7108 Adopting the Global Release and Settlement Agreement, 27
including Approval of Various Leases 28
29
City Attorney Riggs explained that this is a continuation of the EDA’s discussion held earlier this 30
evening. 31
32
City Attorney Riggs reviewed Resolution 7108 that goes along with a Resolution for the EDA to 33
approve with releases to finalize the Relocation Agreement and the Amended and Restated 34
Development Agreement. 35
36
City Attorney Riggs read language to be inserted defining the global release and settlement. 37
38
MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7108, Adopting the Global 39
Release and Settlement Agreement. 40
41
Council Member Stigney indicated that he would like to see the wording used that the City will 42
receive any and all rents. 43
44
Council agreed. 45
Mounds View City Council July 23, 2007
Regular Meeting Page 3
1
Ayes – 5 Nays – 0 Motion carried. 2
3
C. Item Deleted 4
5
D. Resolution 7116, Approving Step Increase for Mounds View Police Officer 6
Berling 7
8
Administrator Ulrich read Resolution 7116, Approving a Step Increase for Mounds View Police 9
Officer Berling. 10
11
MOTION/SECOND: Mueller/Hull. To Approve Resolution 7116, Approving Step Increase for 12
Mounds View Police Officer Berling. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
E. Resolution 7110 Approving the Parks Improvement Project 17
18
Public Works Director Lee appeared before Council and reviewed the Parks Improvement 19
Project noting that the Parks Improvement Plan is updated annually and this project follows the 20
Park Improvement Plan. 21
22
Staff recommends approval of Resolution 7110. 23
24
Council Member Flaherty asked whether this is going to come back for a higher amount at some 25
point. 26
27
Direct Lee indicated that is not anticipated. 28
29
Council Member Flaherty asked whether a need has been demonstrated for all of these requests, 30
and if all the items have been budgeted for. 31
32
Director Lee provided an explanation of the requests. 33
34
Mayor Marty asked whether the pitcher’s mound tarp is really necessary. 35
36
Director Lee explained that a pitcher’s mound tarp is standard practice for a baseball field. 37
38
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7110, 39
Approving the Parks Improvement Project. 40
41
Council Member Mueller said that she is happy that the basketball court is being installed as 42
there have been residents who have missed it. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council July 23, 2007
Regular Meeting Page 4
1
F. Resolution 7121 Adopting Water Sprinkling and Irrigation Regulations 2
3
Public Works Director Lee explained the Resolution adopting water sprinkling and irrigation 4
regulations along with explaining how residents would be notified. 5
6
Council Member Flaherty said that he agrees with the tiers on restrictions but, as far as 7
violations, he hates to get into sprinkler police. He then said that he agrees with the lead utility 8
operator. 9
10
Director Lee and Council discussed when it may be necessary to go to a Tier 2 restriction. 11
12
Mayor Marty suggested looking into whether this could be assessed to the water bill if they do 13
not pay the fine. 14
15
City Attorney Riggs indicated it would be difficult to do so, as any charges associated with the 16
water system are supposed to be reasonable and related to that system. 17
18
Mayor Marty said that he would be concerned with having one individual responsible for 19
monitoring sprinkler violations. 20
21
MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7121, 22
Adopting Water Sprinkling and Irrigation Regulations. 23
24
Council Member Stigney said that some of the exceptions should not be listed when you get to a 25
Tier 3 restriction situation. 26
27
MOTION/SECOND: Stigney/Marty. To Amend to remove all exceptions for Tier 3 except kids 28
running through a sprinkler. 29
30
Ayes – 5 Nays – 0 The Amendment carried. 31
32
Ayes – 5 Nays – 0 The Motion, as Amended, carried. 33
34
35
G. Resolution 7064, Approving Change Order No. 37 for the City Hall 36
Rehabilitation Project 37
38
Council Member Stigney asked whether an architect reviews the bids and recommends approval. 39
40
Public Works Director Lee indicated that an architect did review it. 41
42
Council Member Stigney said that he thinks that the architect should pay for this. 43
44
Mounds View City Council July 23, 2007
Regular Meeting Page 5
Council Member Flaherty said that he agrees with the ceiling tiles; but, it is the mechanical 1
contractor who should have known to insulate the pipes. He then said that he cannot go back to 2
the citizens and ask them to pay for it because it was missed. 3
4
Mayor Marty agreed, and said, that is why there are experts who review this for the City. 5
6
Council Member Stigney agreed that there needs to be accountability for this rather than coming 7
back to the taxpayers. He then said that he does not think that the City should pay for this. 8
9
MOTION/SECOND: Mueller/Marty. To Approve Resolution 7064, Approving $669.65 for 10
Item 2. 11
12
Council Member Stigney questioned the need to purchase these panels from the factory and why 13
the City is paying $392.75 for new panels. 14
15
Administrator Ulrich indicated that he would have Staff look into whether the tile is being paid 16
for twice. 17
18
The Motion was withdrawn. 19
20
H. Resolution 7122 Approving Change Order No. 38 for the City Hall 21
Rehabilitation Project 22
23
Public Works Director Lee explained the items contained in Change Order No. 38. 24
25
Council Member Mueller said that she has an issue with this, as in the first Change Order, the 26
City was billed for labor and materials, but for this one, the credit is only for materials. 27
28
Council Member Flaherty explained that he read this as including labor and materials. 29
30
Administrator Ulrich requested authorization to move forward and Staff will determine if it 31
includes labor as well. 32
33
MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7122, Approving Change Order 34
No. 38 for the City Hall Rehabilitation Project, as Amended, Subject to Verification that the 35
credit Includes Labor. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
I. Resolution 7123 Acceptance and Final Payment Approval for the City Hall 40
Rehabilitation Project 41
42
Public Works Director Lee explained the final payment amount and suggested that Council 43
consider removal of the Change Order 37 amount. 44
45
Mounds View City Council July 23, 2007
Regular Meeting Page 6
Council Member Flaherty said that he remembers when this project first started, everyone said 1
that this is the way it is, and he does not like this because this is a 10% over run due to ASI’s. He 2
then said that he feels that something that is bid should be bid to industry standards, and not done 3
with change orders. 4
5
Council Member Mueller said that her concern over this whole situation is that when you have an 6
increase of 10% from the original bid price, then another bidder may have been a better option. 7
8
Council Member Flaherty suggested including 10% in change orders in the final price going 9
forward with any future bids. 10
11
MOTION/SECOND: Marty/Flaherty. To Waive the Reading and Approve Resolution 7123, 12
Acceptance and Final Payment Approval for the City Hall Rehabilitation as Amended to Remove 13
the Amount of Change Order 37. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
J. Consideration of Resolution 7126 and Resolution 7127 Approving the 18
Common Interest Community (CIC) Plat for the Subdivision of 5360 19
Edgewood Drive (the “Belting Building”) 20
21
Community Development Director Ericson explained that the Applicant has submitted a 22
subdivision request to create a condominium director. Ericson explained that the City would 23
review the Subdivision following Minnesota Statutes and the City’s Subdivision Regulations and 24
the Second Resolution approves the Common Interest Community Plat permitting the developer 25
to move forward with selling off the individual units within the development. 26
27
Council Member Mueller said that she is a little concerned that this is coming after the fact. She 28
then said that she understood that this was going to be an owner occupied situation. 29
30
City Attorney Riggs explained that the City would be reasonably protected, and this should come 31
to the Council at a work session to discuss. He then said that the statute does not allow the City 32
to prevent conversions of apartment buildings over to this type of ownership or usage. 33
34
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7126. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7127, 39
Approving the Common Interest Community (CIC) Plat for the Subdivision of 5360 Edgewood 40
Drive (the “Belting Building”). 41
42
Council Member Flaherty asked if there could be an issue with precedence throughout the City. 43
44
Mounds View City Council July 23, 2007
Regular Meeting Page 7
City Attorney Riggs said that he does not think so, and then said that this follows the City’s 1
regulations. In this situation they are coming to the City and asking to do it right, and they have 2
to meet City Code requirements. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
8. CONSENT AGENDA 7
8
A. Licenses for Approval 9
B. Resolution 7117, Approving the 2007 Festival in the Park Contract 10
C. Resolution 7119 Approving a Charitable Gambling License for Community 11
Charities of Minnesota to Conduct Charitable Gambling at The Mermaid 12
Located at 2200 Highway 10 in Mounds View 13
D. Resolution 7125 Authorizing Disposition of Lions Passenger Bus 14
E. Resolution 7118, Approving an Extension for a Conditional Use Permit for 15
an Oversize Garage at 2932 Woodale Drive 16
F. Resolution 7120 Authorizing Out-of-State Training for the Chief of Police 17
G. Resolution 7124 Approving and Authorizing the Execution of a Joint Powers 18
Agreement with the City of Blaine Regarding Street Authority for Coral Sea 19
Street NE South of 85th Avenue 20
21
Council Member Mueller requested that Item E be removed for discussion. 22
23
Council Member Stigney requested that Item F be removed for discussion. 24
25
Council Member Flaherty requested that Item C be removed for discussion. 26
27
Mayor Marty removed Item B for discussion. 28
29
MOTION/SECOND: Mueller/Stigney. To Approve Consent Agenda Items A, D, and G as 30
Presented. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
B. Resolution 7117, Approving the 2007 Festival in the Park Contract 35
36
Mayor Marty asked that the reference to tournament be removed from the Resolution as there 37
was no longer a tournament involved. 38
39
Administrator Ulrich suggested including the totals in the agreement. 40
41
MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7117, 42
Approving the 2007 Festival in the Park Contract. 43
44
Mounds View City Council July 23, 2007
Regular Meeting Page 8
Council Member Stigney said that there is a musician’s union to provide grant money to bands 1
for occasions like this, and he would suggest the Festival Committee look into it. Council 2
Member Stigney said that it surprises him that they would pay the local high school band to 3
perform at the City festival. Council Member Stigney said that he feels that the car show sponsor 4
should pay for the dash plaques and other costs associated with the car show. 5
6
Council Member Mueller explained that there was no car club that was willing to sponsor the car 7
show, so it is being sponsored and organized by City volunteers to ensure that there is one. 8
Council Member Mueller indicated that four businesses from the community are sponsoring the 9
show, but they are working on more sponsors for next year. 10
11
Council Member Stigney said that there are hundreds of car clubs in the metro area that should 12
be contacted to see if they are willing to sponsor a show to make money for their club. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
C. Resolution 7119, Approving a Charitable Gambling License for Community 17
Charities of Minnesota to Conduct Charitable Gambling at The Mermaid 18
Located at 2200 Highway 10 in Mounds View 19
20
Council Member Flaherty asked whether Community Charities of Minnesota would be 21
conducting the same games as the Lions were and, what those games are. 22
23
Administrator Ulrich indicated that there would be pull tabs and any other legal games. 24
25
Sherry Gunn appeared before Council and asked who these people requesting the license are, and 26
whether they are donating back the required percentage to the trade area. 27
28
Administrator Ulrich explained that he has a listing of the donations made by Community 29
Charities of Minnesota that can be reviewed, and 85% is donated within the trade area. 30
31
MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Approve Resolution 7119, 32
Approving a Charitable Gambling License for Community Charities of Minnesota to Conduct 33
Charitable Gambling at The Mermaid. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
E. Resolution 7118, Extension Oversize Garage 38
39
Council Member Mueller said that she does not think that a two year extension is appropriate in 40
this situation, because a lot could change between now and two years, and the Council should 41
reconsider it at that time. 42
43
Mayor Marty said that he agreed, and would like them to reapply when the circumstances change 44
and they are ready to construct. 45
Mounds View City Council July 23, 2007
Regular Meeting Page 9
1
Council Member Mueller asked whether there were fees paid for the conditional use permit when 2
it was granted previously. 3
4
Community Development Director Ericson said that they paid some sort of fee for the permit. 5
Director Ericson said that he would change the language to a one year extension rather than a two 6
year extension. 7
8
Council Member Stigney asked what the fee would be to reapply for the conditional use permit. 9
10
Director Ericson explained that the fee for the conditional use permit would be $175.00. 11
12
MOTION/SECOND: Hull/Flaherty. To Waive the Reading and Approve Resolution 7118, 13
Approving an Extension for a conditional use permit for an oversize garage at 2932 Woodale 14
Drive, as Amended to Allow a One Year Extension. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
F. Resolution 7120, Authorizing Out of State Training for the Chief of Police 19
20
Council Member Stigney asked whether this is an annual requirement. 21
22
Chief Sommer explained that the requirement is for every two years. Chief Sommer said that he 23
has not been since he came to the City, due to the expense of the training and costs associated 24
with going out of state for training. 25
26
Council Member Stigney asked what the certification does within Mounds View or within the 27
twin cities area. 28
29
Chief Sommer explained that this is for law enforcement polygraph investigations within the City 30
of Mounds View; however, it is not used very often. Chief Sommer said that there are only four 31
licensed examiners within the state. 32
33
Mayor Marty asked if there was a way to contract the polygraph services out to other law 34
enforcement agencies. 35
36
Chief Sommer said that the City gets services from Ramsey County that the City does not pay 37
for, so he could make his services available to them on a cooperative agreement basis, but he 38
would not recommend charging for his services. 39
40
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7120, 41
Authorizing Out of State Training for the Chief of Police. 42
43
Council Member Stigney said that he would like the Chief to keep track of cost benefits of 44
having this certification for when this is considered next time. 45
Mounds View City Council July 23, 2007
Regular Meeting Page 10
1
9. JUST AND CORRECT CLAIMS 2
3
Public Works Director Lee removed a claim for the alarm system on the bottom of Page 8. 4
5
Council Member Flaherty asked which squad the police camera and equipment is for. 6
7
Chief Sommer explained that is the video monitoring camera that is not on a squad. 8
9
Council Member Flaherty asked what an 8 inch sled is. 10
11
Director Lee explained that it is for the televising camera for the sanitary sewer line. 12
13
MOTION/SECOND: Hull/Mueller. To Approve Just and Correct Claims as Presented. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
10. APPROVAL OF MINUTES 18
19
A. June 25, 2007 20
21
Mayor Marty, on Page 2, Line 36 add, so that there is always more than one person making the 22
approval. On Page 3, Line 1, asked for clarification. Staff will amend the language. On Page 3, 23
Under Item B, second sentence add “as it is inconsistent”. On Page 6, add the answer to the 24
question regarding the code. Mr. Waste stated that his brother does not have the key or access. 25
On Page 8, Line 31, add to ask another company insert a quote. On Page 10, Line 39, insert 26
“landlord fee” or permit required to rent out buildings. On Page 11, Line 36, insert “previously 27
or has any knowledge of or experience with this low bidder”. On Page 16, Line 5, insert 28
“winner”. 29
30
MOTION/SECOND: Flaherty/Mueller. To Approve the City Council Minutes of June 25, 2007 31
as Amended. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
11. REPORTS 36
37
A. Reports of Mayor and Council 38
39
Council Member Mueller explained that there was a fire in an area of the City where there are 40
common walls, and the resident that contacted her is concerned that the buildings are not 41
sprinkled. This resident is wondering if the City can look at existing buildings and have them 42
brought up to newer construction codes to get sprinkler systems installed in those older buildings. 43
44
Mounds View City Council July 23, 2007
Regular Meeting Page 11
Council Member Mueller indicated that this same resident was concerned with noise and was 1
disappointed to hear that the noise ordinance applied to before 7:00 a.m. and after 10:00 p.m. 2
His other concern was noisy cars going by. 3
4
B. Reports of Staff 5
6
Administrator Ulrich explained that he met with the parties involved in the 8310 Eastwood 7
situation. Administrator Ulrich said he felt the meeting was positive and progress was made. 8
9
Administrator Ulrich explained that the interview panel has narrowed the Cable Coordinator 10
candidates down to three. 11
12
Community Development Director Ericson explained that the Comprehensive Plan kickoff 13
meeting was last week and they set goals for the committee and outlined how the process would 14
work. 15
16
Community Development Director Ericson explained that last week Staff attended the Minn 17
Sharp Flag raising ceremony at Medtronic. 18
19
Community Development Director Ericson explained that the deadline for applying is August 3, 20
2007 for the Economic Development Coordinator position. Staff will review and bring a 21
candidate forward for consideration. 22
23
1. Review Potential Parcel Acquisition at Woodcrest and Silver Lake 24
Road 25
26
Community Development Director Ericson explained that Amelia Sullivan, a long time resident 27
with a 1.5 acre lot, is concerned that she is having an issue with diseased trees. Director Ericson 28
explained that he discussed with her the area the City is interested in an easement over. Director 29
Ericson explained that Ms. Sullivan is interested in selling the property, and Staff is asking 30
whether the City is interested in purchasing the property. 31
32
Mayor Marty asked what the appraised value of the property is. 33
34
Director Ericson explained that Ramsey County assesses the property at about $34,000. 35
36
Mayor Marty asked what amount Ms. Sullivan was assessed for tree removal. 37
38
Director Ericson said that it was a very large amount, as it was a difficult removal. 39
40
Mayor Marty suggested a deal of $30,000 and the City would forgive the amount that was 41
assessed for tree removal. 42
43
Director Ericson said that Ms. Sullivan has already paid the bill for tree removal. 44
45
Mounds View City Council July 23, 2007
Regular Meeting Page 12
Council Member Mueller agreed the City should pursue acquisition further to determine what 1
the actual cost would be. 2
3
Council asked whether there would be funding available to purchase the property. 4
5
Director Ericson explained that the City could use TIF funds, storm water utility fees, or Park 6
Dedication fees to purchase the property. 7
8
Council Member Stigney said that the memo from Director Ericson suggested a joint purchase 9
with Ramsey County and he would like to know if that was pursued. 10
11
Director Ericson indicated that he has not discussed that with them as of yet. 12
13
Council Member Stigney said that he would like Staff to ask whether the resident would be 14
willing to donate the property for the tax credit. 15
16
2. Review Potential Parcel Acquisition at 2400 County Road H2 17
18
Community Development Director Ericson explained that Roberts Sports Bar has closed and 19
Greg Waste is willing to work with the City on a potential acquisition. Mr. Waste has indicated 20
that he would be interested in selling the property to the City with a lease back option, so that he 21
could reopen his business, and the City would have control of the property as part of the 22
redevelopment project. Mr. Waste has indicated that if there is an agreement to lease the 23
property back to him, he would be willing to discount the sale price to the City. 24
25
Mayor Marty asked for an explanation of the one RFQ that came in. 26
27
Director Ericson explained that the City received an RFQ from Master Development with 28
experience with infill developments and redevelopments in the metropolitan area. 29
30
Council Member Stigney said that he would like to make it known that Mr. Waste wants to sell, 31
and let a developer with private dollars develop this site. 32
33
Mayor Marty explained that this property has been offered to the City, and that would allow the 34
City to control the redevelopment of the site, rather than a simple sale that would continue a 35
similar use of the property. 36
37
Council Member Flaherty said he would like to look into the options with this, and determine 38
Mr. Waste’s price before making a decision. 39
40
Administrator Ulrich suggested an option on the property with a cash payment to hold the 41
property for six months at an agreed upon price. 42
43
Council Member Mueller asked whether the City would need to be concerned about potential 44
liability for purchasing the property and leasing it back to Mr. Waste. 45
Mounds View City Council July 23, 2007
Regular Meeting Page 13
City Attorney Riggs indicated that the lease would need to include insurance and an 1
indemnification clause, but that does not mean the City cannot be sued. 2
3
Council agreed to have Staff look into all options with this property including leasing, or an 4
option to purchase. 5
6
Council Member Stigney indicated that he would like to see the RFQ that was sent into the City. 7
8
Finance Director Beer explained that the draft general fund budget will be finished later this 9
week for review and discussion at the August 6, 2007 work session. 10
11
C. Reports of City Attorney 12
13
None. 14
15
12. Next Council Work Session: Monday, August 6, 2007, at 7 p.m. 16
Next Council Meeting: Monday, August 13, 2007 at 7 p.m. 17
18
19
13. ADJOURNMENT 20
21
The meeting was adjourned at 10:10 p.m. 22
23
Transcribed by: 24
25
26
Joan Lenzmeier, Recording Clerk 27
TimeSaver Off Site Secretarial, Inc. 28
Item No: 11B(1)
Meeting Date: Aug 27, 2007
Type of Business: Reports
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Request to Vacate Excess Right of Way Between
2091 and 2101 Hillview Road
Introduction:
Judy Silverness, property owner of 2091 Hillview Road, has submitted a request to the City
to vacate a 50-foot right of way stub off of Hillview Road between her property and the
property located at 2101 Hillview. The right of way stub extends the depth of the properties
on Hillview, backing up to the Colonial Village Manufactured Home Park. The right of way
was likely dedicated prior to the development of the manufactured home park.
Discussion:
Staff has reviewed this request and determined that there are no utilities within this right of
way although there is a drainage easement at the back end of the Hillview Road lots through
which a 54 inch storm sewer is located. Vacating the right of way, if such action is pursued,
would not impact or affect the easement.
Staff has requested a legal opinion from the City Attorney as to the process by which the City
could dispose of the right of way, if it so desired. Ultimately, how the right of way was
originally acquired may dictate how the right of way may be vacated or disposed of. In any
case, whether the right of way is offered for purchase by the adjoining property owners (2101
Hillview, 2091 Hillview or Colonial Village) or simply vacated for administrative costs only, the
action would require Planning Commission review for consistency with the Comprehensive
Plan and Council approval by ordinance after a public hearing, according to the City Charter.
Staff has requested a copy of the document number associated with this right of way from
Ramsey County which will hopefully clarify when and how the right of way was obtained and
how it can be vacated.
Recommendation:
Review the request and provide direction to staff as to whether the Council is interested in
considering the request from Ms. Silverness. If the Council chooses to retain the right of
way, the Parks department will be requested to add the tract of land to the list of City
properties for mowing on a regular basis.
Respectfully submitted,
________________________
James Ericson
Community Development Director
Aerial Map
Excess right of way located between 2091 and 2101 Hillview Road parcels
Address Map
HILLVIEW ROAD
OAKWOOD
PARK QUINCY STREET COLONIAL VILLAGE MANUFACTURED HOME PARK
Excess right of way located between 2091 and 2101 Hillview Road parcels