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HomeMy WebLinkAboutAgenda Packets - 2006/10/09CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 9, 2006 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS` 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing and Consideration of Resolution 6945 Approving a Conditional Use Permit for an Oversize Garage at 2925 County Road H2. B. 7:10 pm Public Hearing to receive Public Input and pass upon Resolution 6942 Adopting a Special Assessment Levy for Delinquent Public Utility Accounts C. 7:15 pm Public Hearing to receive Public Input and pass upon Resolution 6943 Adopting a Special Assessment Levy for Diseased Tree Removals D. 7:20 pm Public Hearing to receive Public Input and pass upon Resolution 6944 Adopting a Special Assessment Levy for Charges abating a nuisance condition at 5200-02 Raymond Avenue E. 7:25 pm Public Hearing, First Reading and Introduction of Ordinance 780, an Ordinance Approving Modifications to the Official City Wetland Zoning District Maps F. Informational Presentation regarding the upcoming referendum on the Transportation Constitutional Amendment. Powerpoint Presentation by Bruce Nustad, President, Twin Cities North Chamber of Commerce. G. Resolution 6946 Approving a Step Increase for Nate Behlen, Mounds View Public Works Employee. H. Resolution 6947 Appointing Brett Brisbois to a Vacancy in the Water Division of the Public Works Department 8. CONSENT AGENDA A. License for Approval B. Set a Public Hearing for Monday, October 23, 2006 at 710pm to Consider First Reading of Ordinance 782, an Ordinance Amending Section 7.10 of the Mounds View City Charter Referring to City Indebtedness. C. Resolution 6948 Approving the County Road 10 Pedestrian Crossing Options Report D. Resolution 6949 Approving the Preliminary Design of Landscape Architecture Elements for the County Road 10 Trailway Corridor 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. September 11, 2006 City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Public Works Director’s Report on Greenwood Drive 2. 2007 Budget Updates C. Reports of City Attorney 12. Next Council Work Session: Monday, November 6, 2006 at 7pm Next Council Meeting: Monday, October 23, 2006 at 7pm Item No: 7A Meeting Date: October 9, 2006 Type of Business: Public Hearing City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for an Oversized Garage at 2925 County Road H2; Planning Case No. CU2006-008 Introduction: The applicant, Cory Mathiowetz, is requesting approval of a conditional use permit to construct an oversized garage on his property at 2925 County Road H2. The current garage will be demolished and a new larger detached garage would be constructed. The current garage size is 14’x16’ (224 square feet) and was built almost on the property line. The applicant would like to build a new 24’x48’ garage that would become code compliant with the required five foot setback. The plot plan submitted indicates a garage area in excess of what is allowed without a conditional use permit. Accessory buildings, attached or detached, are limited to 952 square feet. Anything beyond 952 square feet must go through a conditional use permit application process. The garage proposed for 2925 County Road H2 would be 1,152 square feet. The applicant indicates that he would like the extra depth for storage. Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings and the backyard coverage ratio of accessory buildings. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The Planning Commission and City Council are required to review the possible adverse effects of the requested conditional use. Discussion: The request for a Conditional Use Permit to construct the 1,152 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. All setback and dimensional requirements would be satisfied with this request. With the new larger garage, the backyard coverage ratio would be around 4%. Mathiowetz CUP Request October 9, 2006 Page 2 The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 2925 County Road H2, as low-density residential. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission and City Council review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. An entirely new garage will be constructed and will be a benefit to the neighborhood. The Geographical Area Involved. The home is located on County Road H2. Since the additional space for the garage will be in the back, the building will still appear to be a regular two car size garage from the street. In this case, the proposed oversized garage would not be noticeable or out of place in the neighborhood. This garage should not affect any neighboring properties. Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the construction would increase the “value” of the property. Increased property values are of course a benefit to everyone. The Character of the Surrounding Area. This portion of County Road H2 is mainly residential, with a mix of some twinhomes nearby, along with Messiah Lutheran Church. The homes in this area are a variety of styles and ages and most have very large lots. The proposed garage would not be out of character in this area since the garage is behind the house and the extra depth would not be seen from the street. This property is about 365 feet deep, so the new garage should not affect any neighbors. The new garage width would be a two car garage instead of a one car garage, but overall it would not change the current front look of the house. The Demonstrated Need for Such a Use. The applicant is proposing a 24’x48’ garage which would allow for parking more than two vehicles inside and/or storage space since there are no other accessory buildings on the property. Summary: All zoning and code issues are satisfied with this request. The Planning Commission unanimously recommended approval at their September 20, 2006 meeting. Mathiowetz CUP Request October 9, 2006 Page 3 Recommendations: After holding the public hearing, and taking testimony from staff and the property owner, the Council can take one of the following actions related to the request: 1. Recommend approval of the conditional use permit. Resolution 6945 is attached if the Council chooses this action. 2. Recommend denial of the conditional use permit. If the City Council selects this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Planning Commission Resolution 850-06 7. Resolution 6945 Plot Plan 2925 County Road H2 Lot Size 106’x365’ 0.89 Acre House Current garage 14’x16’ New Garage 24’x48’ 5’ setback Not to Scale Properties not bearing a designation are zoned R-1, Single Family Residential Zoning Map Messiah Lutheran Church Lot size is 0.89 acres Approximately 106’ x 365’ Aerial View Photographic Documentation Garage Existing Garage Backyard MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 850-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,152 SQUARE-FOOT GARAGE AT 2925 COUNTY ROAD H2; PLANNING CASE NO CU2006-008 WHEREAS, property owner Cory Mathiowetz has applied for a conditional use permit to construct a 1,152 square foot garage; and, WHEREAS, the subject property, located at 2925 County Road H2, is zoned R-1, Single Family Residential, and is legally described as follows: Spring Lake Park Knolls, Ramsey County, Minnesota, Lot 92 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,152 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Plot Plan c. Zoning Map d. Aerial View e. Photographic Documentation f. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,152 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. Resolution 850-06 Page 2 3. The proposed garage would not be out of place given the design of the garage and the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,152 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The new garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 20th day of September 2006. _____________________________________ Jean Miller, Vice-Chair ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) RESOLUTION NO. 6945 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,152 SQUARE-FOOT GARAGE AT 2925 COUNTY ROAD H2; PLANNING CASE NO CU2006-008 WHEREAS, property owner, Cory Mathiowetz, has applied for a conditional use permit to construct a 1,152 square foot garage attached to his home located at 2925 County Road H2; and, WHEREAS, the subject property is zoned R-1, Single Family Residential, and is legally described as follows: Spring Lake Park Knolls, Ramsey County, Minnesota, Lot 92 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,152 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the Planning Commission heard the case regarding this conditional use permit request on Wednesday, September 20, 2006 and recommended approval of the CUP to the City Council as outlined in their Resolution 850-06; and, WHEREAS, the Mounds View City Council held a public hearing regarding the conditional use permit request on Monday, October 9, 2006. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,152 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the building design, character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the conditional use permit for the 1,152 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 9th day of October, 2006. _____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Resolution 6945 Page 2 Item No: 7E Meeting Date: Oct 9, 2006 Type of Business: PH & CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing, First Reading and Introduction of Ordinance 780, an Ordinance Approving Modifications to the Official Wetland Zoning Maps for the City of Mounds View Introduction: As discussed at the last City Council meeting on September 25, 2006, the City's official wetland zoning maps date back to the early 1980s and no longer reflect present conditions. On July 10, 2006, the City Council approved a resolution authorizing Short Elliott Hendrickson Inc. (SEH) to create a new set of official wetland maps based upon their recently completed wetland inventory, recent wetland delineations and approved alterations. SEH has completed the contracted work and has delivered to City staff the new map series, dated September 7, 2006. PLEASE BRING THE MAPS THAT WERE PROVIDED AT THE LAST COUNCIL MEETING! Discussion: According to Chapter 1010 of the City Code, to modify the official maps, the City Council would need to hold a public hearing and approve an ordinance by at least a 4/5ths vote. In almost all cases, the identified wetland areas on the new maps cover less area than the previous map series, which is more a result of overly broad designations on the original map series. In some cases the changes reflect wetland alterations that have been approved in the last twenty years however due to the relative inability to modify the original maps these changes have not been incorporated until now. Three new wetland areas have been identified, the first being located in Spring Lake Park adjacent to the parcels on Pleasant View Drive in the northwest corner of the City. As the Council can see on the page labeled “North Half Section 6”, the wetland lies in the city of Spring Lake Park however the 100-foot buffer extends into Mounds View. While our Code is silent on whether we require a setback to wetlands located in other communities, I’m not sure it makes sense to subject three property owners on Pleasant View Drive to additional regulations due to the presence of a stormwater pond / wetland in Spring Lake Park. The second new wetland is another stormwater pond which now meets the criteria of a wetland. Located in the South Half of Section 6, the wetland is shown on two lots at the corner of Spring Lake Road and County Road 10 for which the City has use deeds for stormwater management, acquired when the parcels went tax forfeit. Four parcels are affected by the buffer area. In addition to the pond, the map also shows wetlands in the County Road 10 ditch on the other side of Spring Lake Road. It is my belief that the original intent of our wetland zoning provisions was not to require a setback from County Road 10 drainage ditches, regardless of whether they may satisfy the jurisdictional requirements of a wetland. (See also the South Half of Section 8 for more ditches.) Wetland Maps report October 9, 2006 Page 2 The third new wetland identified is also in the North Half of Section 6 on Long Lake Road just south of Ardan Park. While this wetland did not appear on the original maps, there is evidence to suggest it has been wet in that location for decades and is connected to the Laport Meadows wetland on the other side of Long Lake Road. This area is identified on the National Wetland Inventory. The area has been the focus of many residential infill developers over the years and at some point the City will likely be presented with a major subdivision application for the undeveloped land. Staff will communicate to any subsequently interested parties regarding the presence of a wetland on the site. Staff sent notices to virtually every affected residential property owner in the City regarding the new maps whether or not the wetlands or buffer areas on the property changed location. At the very least, the notice provides residents with a reminder about the City’s wetland regulations and buffer requirements, valuable information especially for newer residents of the community who may otherwise have been unaware of the requirements. It should be emphasized that the City’s Wetland Zoning maps do not take the place of a wetland delineation. If a property owner is proposing work that may alter or impact a wetland, a delineation will be required before the work may proceed. In the case of higher density residential, new subdivisions, commercial and industrial development, a delineation will be required if wetlands are present on the property, regardless of whether alteration is anticipated. I have attached Chapter 1010 of the Municipal Code relating to Wetland Zoning requirements for the Council’s reference. While staff is not recommending any changes to Chapter 1010, given the action before the Council to modify the maps, it would seem fitting to review the underlying code requirements at the same time. Recommendations: Ordinance 780 has been prepared for Council action. Staff is recommending the Council hold the public hearing and approve the first reading of the ordinance. Staff further recommends the Council make a motion to keep the public hearing open for the second reading, which is scheduled for 7:05 pm, Monday, October 23 to ensure all residents have an opportunity to review and comment about the proposed changes. The City Council should determine (1) whether County Road 10 drainage ditches would be subject to the buffer requirements and whether they should even be shown on the official wetland maps, and (2) whether the small stormwater pond / wetland in Spring Lake Park should be identified with a buffer area extending into Mounds View. In response to both of these decisions, staff recommends revising the maps to eliminate the drainage ditches and the Spring Lake Park pond. Due to our inability to reproduce the maps in house, we are requesting that the Council members bring the maps that were provided at the September 25th meeting. Wetland Maps report October 9, 2006 Page 3 If the Council should have any questions regarding the maps, the ordinance or Chapter 1010 of the City Code, please do not hesitate to contact me before the meeting at 763-717-4021. Respectfully submitted, ________________________ James Ericson Community Development Director Attachments: 1. Chapter 1010 (Wetland regulations) 2. Ordinance 780 City of Mounds View 1010.01 1010.02 (Rev. 8/97) CHAPTER 1010 WETLANDS ZONING REGULATIONS1 SECTION: 1010.01: Short Title 1010.02: Findings of Fact; Purpose 1010.03: Scope of Provisions 1010.04: Plan of Execution 1010.05: Definitions 1010.06: Wetland Zoning Districts 1010.07: District Regulations 1010.08: Permit Requirements and Procedures 1010.09: Appeals 1010.10: Development Density and Park Land Dedication Credit Transfers 1010.11: Municipal Land Acquisitions 1010.12: Special Assessments 1010.13: Liability for Damage 1010.14: Violations and Penalties 1010.01: SHORT TITLE: This Chapter may be cited as the WETLANDS ORDINANCE. (Ord. 505, 4-27-92) 1010.02: FINDINGS OF FACT; PURPOSE: Subd. 1. Findings: a. The Council finds that wetlands within the City, as part of the ecosystem, are critical to the present and future health, safety and general welfare of the land, animals and people within the City, as well as within the Rice Creek Watershed District, that existing and potential development within the City and Rice Creek Watershed possess increasing ecological and economic problems and demands, having the effect of potentially despoiling, polluting, accelerating the aging, eliminating or negatively and irretrievably altering both the wetlands and their functions (and the processes associated therewith) which, if managed, will constitute important physical, educational, ecological, aesthetic, 1 See Chapter 1301 for flood plain zoning and Chapter 1302 for surface water management regulations. City of Mounds View 1010.02 1010.02 recreational and economic assets for existing and future residents of the community and the Rice Creek Watershed District. The City Council has in mind its statutory obligation to comply with Chapters 104, 105 and 112 of Minnesota State Law, the regulations of Rice Creek Watershed District, Regulations of the Department of Natural Resources, including provisions for protected waters, Public Law 92.500 (Federal Water Pollution Control Act), open space policies of the Metropolitan Council and its guidelines encouraging protection and enhancement of marshes, wetlands in the flood plain area and the public interest in preventing irreparable destruction or deterioration of valuable natural resources. b. The public interest necessitates sound land use development, as land is a limited and irreplaceable resource, and the land within the Municipality is a resource to be developed in a manner which will result in minimum damage to the quality of life, property, threat to health and reduction of private/public economic loss caused by drainage problems. Subd. 2. Purposes: Therefore, recognizing the obligation to protect these assets and natural resource gifts from destruction or deterioration and pollution of all kinds, the purposes of this Chapter are: a. To preserve wetlands in as natural a state as possible; b. To serve as natural retention and detention areas for surface waters; c. To regulate the use of areas adjacent to the wetlands in order to protect and enhance the natural function of the wetlands; d. To provide for the protection, preservation, proper maintenance, use and enhancement of wetland zoning districts; e. To minimize the disturbance to them and to prevent or minimize damage from excessive sedimentation, eutrophication or pollution; f. To prevent loss of aquatic organisms, wildlife and vegetation or the habitats of the same; g. To provide for the protection of surface and ground water supplies from the danger of drought, overdraft, pollution or mismanagement; h. To secure safety from floods; i. To reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; City of Mounds View 1010.02 1010.04 j. To prevent loss of life, property damage and the losses and risks associated with flood conditions; k. To reduce erosion problems; l. To enhance and preserve quality; and m. To enhance and preserve the natural drainageways. (Ord. 505, 4-27-92) 1010.03: SCOPE OF PROVISIONS: The wetland zoning district shall overlay the zoning districts established pursuant to Title 1100 of this Code so that any parcel of land lying in a wetland zoning district shall also lie in one or more of the established zoning districts. Lands lying within a wetland zoning district shall be subject to the requirements established by other applicable ordinances and regulations of the City. Within each wetland zoning district, all uses shall be permitted in accordance with the regulations for the underlying zoning district; provided, however, that such uses must also satisfy the additional requirements established in this Chapter. (Ord. 505, 4-27-92) 1010.04: PLAN OF EXECUTION: It is the intent of the City to effectuate the purposes of this Chapter through the following means: Subd. 1. Adopt a map designating the wetlands protected by this Chapter. Subd. 2. Promote community education about the importance, function, limitations and impact of urbanization upon the water resources of the community. Subd. 3. To preserve and enhance of wetlands within the community through implementation of development regulations that will ensure the design and construction of adequate on-site storm water, sedimentation and retention and detention basins, flow control devices and implementation of effective erosion control techniques. Subd. 4. To apply techniques such as density transfers to development proposals in order to minimize ratios of impermeable surface to open space. Subd. 5. To establish means by which certain wetlands may be placed in the public domain for purposes of enhancement, preservation, protection and maintenance. Subd. 6. To provide means by which an applicant and the City will routinely obtain advice and input from various governmental agencies and professionals in the field of fresh water biology, hydrology and civil engineering. City of Mounds View 1010.04 1010.05 Subd. 7. To establish a system of permits and enforcement to effectuate the intent of this Chapter. (Ord. 505, 4-27-92) 1010.05: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: Subd. 1. ALTERATION: Any change, addition or modification. Subd. 2. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. Subd. 3. DEVELOPMENT: The construction, installation or alteration of any structure, the extraction, clearing or other alteration of land or terrestrial or aquatic vegetation or the course, current or cross-section of any water body or watercourse or the subdivision of land into parcels pursuant to Title 1200 of the Municipal Code. Subd. 4. DIMENSIONAL REQUIREMENTS: A minimum/maximum setback yard requirements or structure height or size established in Titles 1100 and 1200 of the Municipal Code. Subd. 5. DRAINAGEWAY: a. Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff, calculated in accordance with provisions in the Local Water Management Plan1, from a storm event having a recurrence interval of once in ten (10) years. b. An altered watercourse is that which has been affected by man-made changes in straightening, deepening, narrowing or widening the original channel. c. An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area which would be inundated by runoff, calculated in accordance with provisions in the Local Water Management Plan2, from a storm event having a recurrence interval of once in ten (10) years. Subd. 6. ENHANCE/ENHANCEMENT: To heighten the value of Mounds View wetlands with respect to the purposes of this Chapter. 1 See Chapter 1302 of this Code. 2 See Chapter 1302 of this Code. City of Mounds View 1010.05 1010.05 Subd. 7. LOCAL WATER MANAGEMENT PLAN: A Local Water Management Plan, dated February 12, 19901, has been prepared for the City in accordance with Minnesota Statutes 103B.201 to 103B.255. The Plan identifies the goals and policies of the City in providing for future development while minimizing surface water problems. Subd. 8. MANAGED: To control the use of Mounds View's wetland resources in a manner which is consistent with the purposes of this Chapter. Management of wetlands includes conservation maintenance and enhancement. Subd. 9. PERMIT: An official document or certificate issued by the City authorizing performance of a specified activity. Subd. 10. PERSON: Any individual, firm, corporation, partnership, association or other private or governmental entity. Subd. 11. STRUCTURE: That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Subd. 12. WATER QUALITY: The degree of excellence of water, including but not limited to phosphorus concentrations, sediment load and concentration of metals. Subd. 13. WETLAND: Those areas greater than one acre in size that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support hydrophytic vegetation, hydric soils and wetland hydrology, as delineated on the Wetland Zoning District Map. Subd. 14. WETLAND BUFFER AREA: Areas abutting and within one hundred feet (100'), measured horizontally, of a wetland. Subd. 15. WETLAND DRAINAGE DISTRICT: That area tributary to the wetland zoning district as delineated on the Wetland Zoning District Map. Subd. 16. WETLAND ZONING DISTRICT: The areas delineated on the Wetland Zoning District Map which include the wetlands and wetland buffer areas. (Ord. 505, 4-27-92) 1 See Chapter 1302 of this Code. City of Mounds View 1010.06 1010.07 (Rev. 8/97) 1010.06: WETLAND ZONING DISTRICTS: Subd. 1. Application of Provisions: This Chapter shall apply to wetland zoning districts which are specifically identified on the zoning map entitled, Wetland Zoning District Map, an official copy of which shall be on file in the office of the Clerk-Administrator and shall be available for inspection and copying upon the terms and conditions as established by the City. Subd. 2. Modification of District: A wetland zoning district may be modified or eliminated by four-fifths (4/5) affirmative vote of the Council after public hearing and notice as set forth in Title 1100 of this Code. Wetland zoning districts may not be eliminated unless it can be shown that the original designation is in error or that conditions have changed. When modifying or removing a wetland zoning district, the Council shall use the criteria and methods established in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January, 1989, as amended from time to time. Subd. 3. Map Established: Pursuant to subdivision 1 hereof, the wetland zoning districts delineated in the referenced Wetland Zoning District Map are hereby established. Subd. 4. Legal Descriptions: Pursuant to subdivision 1 hereof, the properties described in Appendix A to Ordinance 505, on file in the office of the Clerk-Administrator, are hereby designated as wetlands. Subd. 5. Districts Established: The wetland zoning districts designated in subdivisions 3 and 4 above are hereby established as wetland zoning districts for the Municipality. (Ord. 505, 4-27-92) 1010.07: DISTRICT REGULATIONS: Subd. 1. Required Permits: A wetland alteration permit or a wetland buffer permit shall be required for any development in a wetland zoning district as provided in Section 1010.08, subdivision 2. (Ord. 602, 8-25-97) Subd. 2. Dedication of Lands: Whenever a wetland or drainageway is located on lands that are being subdivided, the subdivider shall dedicate such wetland and/or drainageway to the public as allowed per Minnesota Statutes, Chapter 462 and shall dedicate an easement to the public as required for purposes of improving, maintaining or protecting the area for drainage, water quality enhancement or other purposes expressed in this Chapter. Subd. 3. Subdivision Regulations: Notwithstanding the provisions of Title 1100 of this Code, the following shall apply to all lands proposed to be subdivided pursuant to Title 1200 of this Code and lying within a wetland zoning district: City of Mounds View 1010.07 1010.07 (Rev. 8/97) a. Rationale for Density Standards: The following regulations are required to control the density of development in wetland zoning districts. The purpose of controlling development density is to reduce the financial burdens imposed on the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding, to minimize loss of life, property damage and the losses and risks associated with flood conditions and to minimize the detrimental effects of urbanization on the wildlife habitat, water quality enhancement, recreational and aesthetic values of wetlands. (1) Minimum Lot Size: Twenty thousand (20,000) square feet. (2) Minimum Lot Width: One hundred twenty five feet (125') as measured at the building setback line. (3) Building Setback: (a) All buildings, including accessory buildings, as defined in Title 1100 of this Code, shall be set back at least one hundred feet (100') from the wetland, except as allowed by an approved wetland alteration permit or approved wetland buffer permit as provided in Section 1010.08. (Ord. 602, 8-25-97) Subd. 4. Existing Nonconforming Buildings and Parcels: Any building or structure situated on an existing parcel of record, as of the original date of enactment of this Chapter, that does not meet the requirements of this Chapter shall be considered nonconforming pursuant to the provisions of Chapter 1123 of this Code and will require a variance from the Council to build or rebuild. a. Nonconforming Parcels: A nonconforming parcel shall exist: (1) Where any portion of the parcel is contained in a wetlands district; or (2) Where twenty percent (20%) of a parcel or at least two thousand (2,000) square feet of the parcel, whichever is less, shall be contained within the wetland buffer area. b. Nonconforming Buildings: A nonconforming building shall exist: (1) Where it does not meet building or structure setback requirements. (2) Where it does not meet floor elevation requirements. (Ord. 505, 4-27-92) City of Mounds View 1010.08 1010.08 (Rev. 8/97) 1010.08: PERMIT REQUIREMENTS AND PROCEDURES: Subd. 1. Activities Requiring Permits: The following activities in or upon a wetland zoning district shall require either a wetland alteration permit or a wetland buffer permit, as provided in Section 1010.08, subdivision 2. (Ord. 602, 8-25-97) a. The digging, dredging, filling, draining or in any way altering or removing any material from a wetland. b. The alteration of vegetation within the wetland or the destruction of vegetation within the wetland zoning district, except to abate a public nuisance. c. The construction, alteration or removal of any structure. d. The altering of any embankment or ponding area or the changing of the flow of water or ponding capacity. e. The storing of materials which would interfere with the flow of water and/or ponding capacity. f. Disposing of waste materials, including but not limited to demolition debris and yard waste. g. Installation or maintenance of essential services. Subd. 2. Types of Permits Required: The following permits shall be required for any development in a wetland zoning district. (Ord. 602, 8-25-97) a. Wetland Alteration Permit: No development shall be allowed within that portion of a wetland zoning district which is delineated as a wetland on the Wetland Zoning District Map without first having obtained a wetland alteration permit from the City as provided for in this Section 1010.08. (Ord. 602, 8-25-97) b. Wetland Buffer Permit: No development shall be allowed in the area defined as the wetland buffer area as shown on the Wetland Zoning District Map without first having obtained a wetland buffer permit from the City as provided for in this Section 1010.08. (Ord. 602, 8-25-97) c. Development Overlapping Wetland and Wetland Buffer Area; Authority for Approval with Combinations of Activities Having Different Approval Authorities: Where a proposed development includes area in both the wetland and wetland buffer area, the applicant shall only be required to apply for a wetland alteration permit which shall cover the entire development area. Where a proposed development includes activities subject to City of Mounds View 1010.08 1010.08 (Rev. 8/97) City Council approval, and activities subject to administrative approval, the permit shall cover all activities and shall be reviewed and approved by the City Council. (Ord. 602, 8- 25-97) Subd. 3. Exceptions to Permit Requirements: a. Emergencies: Upon the declaration of an emergency by the City, emergency work necessary to preserve life or property shall be permitted in a wetland zoning district. b. Repairs: Upon application and approval by the City Council, a person may repair or maintain any lawful use of land existing on the effective date hereof. c. Recreation Areas or Parks: Notwithstanding any other provision of this Code to the contrary, a person may develop a Municipally-owned recreation area or park facility on City-owned lands which will involve the development within a wetland zoning district as part of an integrated plan, comprising not less than seventy five (75) acres, where such development would reasonably conserve, preserve and enhance the environment by providing facilities that would protect the public health, safety and welfare. Subd. 4. Standards for Approval of Permits: No permit shall be issued unless the City finds and determines that the proposed development complies with the standards as stated in this subdivision 4. Approval of either a wetland alteration permit or wetland buffer permit shall constitute approval of a variance to the requirements of this Chapter 1010. (Ord. 602, 8-25- 97) a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum alteration of a wetland may be allowed when necessary for the use of property but only when it will not have a substantially or significantly adverse effect, as determined by the City, upon the ecological and hydrological characteristics of the wetland. However, in no case shall the restrictions set out below in Section 1010.08, subdivision 3a(1) - (6) be exceeded. Since the extent of alteration which can be permitted is limited, the City, when considering a permit application, shall consider equal apportionment of alteration opportunity. The alteration opportunity within the wetland shall be allocated among property owners in proportion to the area of wetland located within each property. (Ord. 602, 8-25-97) (1) Any alteration shall not cause a reduction in the flood storage capacity of the wetland. Flood storage capacity shall be determined by analysis of the runoff from the entire developed wetland drainage district resulting from both the two (2) year and one hundred (100) year frequency, twenty four (24)hour SCS Type I distribution storms. (2) An alteration shall not reduce the existing water quality enhancement value of a wetland under conditions of ultimate development, during both the two (2)year and one hundred (100) year frequency, twenty four (24) hour SCS Type I distribution storms. Water quality enhancement value of a wetland shall be determined using methods approved by the City of Mounds View City. City of Mounds View 1010.08 1010.08 (Rev. 8/97) (3) Any alteration shall not reduce the existing wildlife habitat value of a wetland as measured using methods approved by the City. (4) Alterations shall be carried out so as to minimize the impact on vegetation. Removal of vegetation within a wetland zoning district shall be permitted only when reasonably required for the placement of structures and use of property. (Ord. 602, 8-25-97) (5) Alterations shall not adversely affect the water flow characteristics within the wetland as determined by the City. (6) Storm water runoff from a development may be directed to the wetland when in conformance with the Local Water Management Plan1 and only when substantially, as determined by the Council, free of sediment, debris and chemical pollutants and only at rates which will not substantially disturb vegetation or increase turbidity as determined by the City. (7) The proposed action shall not cause storm water runoff from the development to take place at a rate which would exceed the rate or volume of runoff as anticipated by the City's Local Water Management Plan2. (8) The quality of water infiltrated to the water table or aquifer shall remain substantially, as determined by the City, unchanged by the alteration of the site. (9) No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located closer than one hundred feet (100') from the wetland. All on-land or in-ground sewage disposal systems shall meet criteria set out in Minnesota Rule 6, MCAR 4.8040, Individual Sewage Treatment System Standard. (10) Waste which would normally be disposed of at a solid or hazardous waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be, directly or indirectly, discharged to a wetland. b. Soil Conditions; Control of Erosion: (1) Construction erosion control measures and retention facilities shall be designed to limit soil loss from the development site to not more than five (5) tons per acre per year. Plans and supporting documentation for such measures and facilities shall be developed and approved by the City prior to commencement of construction. 1 See Chapter 1302 of this Code. 2 See Chapter 1302 of this Code. City of Mounds View 1010.08 1010.08 (Rev. 8/97) (2) The applicant for the wetland alteration permit shall be required to demonstrate that, after the development is completed, the conditions on the site will be stabilized such that the yearly soil loss from the site will not be greater than five-tenths (0.5) ton per acre per year. (3) Sediment and soil loss shall be determined utilizing the Universal Soil Loss Equation as defined by the U.S. Department of Agriculture Soil Conservation Service Technical Field Guide, as amended from time to time, as provided for Ramsey Soil and Water Conservation District. (4) Only fill substantially free of chemical pollutants and wastes, as determined by the City, may be used. (5) A building's minimum elevation permitted in a wetland zoning district shall be as defined in the Local Water Management Plan1. (6) No alteration shall be allowed which will endanger the health, safety or welfare of persons or which may result in unusual road maintenance costs or utility line breakages due to soil limitations, including high frost action. c. Scheduling of Work: Work in the wetland will not be performed during the breeding season of water fowl or fish spawning season. d. Size of Area: The size of the altered area shall be limited to the minimum required for the proposed action. Subd. 5. Standards for Denial of Permits: No wetland alteration or wetland buffer permit may be granted which would allow any use that is prohibited in the zoning district in which the property is located or which will: (Ord. 602, 8-25-97) a. Result in incompatible land uses or which would be detrimental to surface and ground water resources. Ord. 602, 8-25-97) b. Increase the financial burdens imposed on the community through increasing floods and overflow of water onto land areas within this City or onto land areas adjacent to Rice Creek. (Ord. 602, 8-25-97) c. Be not in keeping with land use plans and planning objectives for the City or which will increase or cause danger to life or property. (Ord. 602, 8-25-97) 1 See Chapter 1302 of this Code. City of Mounds View 1010.08 1010.08 (Rev. 8/97) d. Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and wetlands within the City. (Ord. 602, 8-25-97) e. Include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which contributes to downstream flooding or water pollution or development of land and water areas which provide ground water recharge or development which diminishes the land or water which are necessary to carry increased flows of storm water following periods of heavy precipitation. (Ord. 602, 8-25- 97) Subd. 6. Permit Issuing Authority: The issuing authority for wetland alteration permits shall be as set forth hereinafter: (Ord. 602, 8-25-97) a. Administrative Authority: (Ord. 602, 8-25-97) The Director of Community Development or designee shall have the authority to issue wetland alteration or wetland buffer permits which meet the standards in this Chapter for the following types of activities: (Ord. 602, 8-25-97) (1) Repair or maintenance of any lawful use of land existing on the effective date hereon. (Ord. 602, 8-25-97) (2) Public and/or private utility work on existing facilities. (Ord. 602, 8-25-97) (3) Alterations within the wetland buffer if they do not extend into or create an adverse impact the adjacent wetland as follows: (Ord. 602, 8-25-97) (a) Installation and maintenance of fences. (b) Landscaping, and impervious surfaces which surfaces do not exceed 1,264 square feet. (c) Detached garages, accessory buildings and driveways, and additions thereto which do not require a conditional use permit. (Ord. 602, 8-25-97) (d) Grading which does not adversely alter storm water storage capacity, storm water flow direction or runoff intensity. (e) Temporary structures not requiring permanent foundations or pads for support. (f) Building and structural additions to a principal building which addition does not exceed one thousand two hundred sixty four (1,264) square feet. (Ord. 602, 8-25- 97) City of Mounds View 1010.08 1010.08 (Rev. 8/97) b. City Council Authority: The City Council may issue permits which meet the standards in this Chapter and are beyond the scope of the administrative authority stated in Section 1010.08, subdivision 5a are appealed to Council after having been reviewed and denied by City staff. (Ord. 602, 8-25-97) Subd. 7. Application and Review Procedures: (Ord. 602, 8-25-97) a. Submittal Materials Required: The following drawings and exhibits may be required with a permit application, unless specific items are waived by the Director of Community Development based on the scope of the proposed development: (Ord. 602, 8- 25-97) (1) The name and address of the subdivider, developer and owner or any other party of interest. (2) A legal description of the proposed site with a map showing its location with indications of private access roads and existing or proposed public roadways within and surrounding the development site. (3) A full and adequate description of all phases of the operation and/or proposed physical changes. (4) A soil survey map of the proposed development site. (5) A topographic map of the development area with contour information at two foot (2') intervals or spot elevations at two hundred foot (200') intervals and at a horizontal scale of one inch to one hundred feet (1"=100') or larger. (6) A detailed site plan of the proposal showing proposed drainage, grading and landscaping. (a) information on existing drainage and vegetation of all lands within the site and to a distance of five hundred feet (500') surrounding the site or to the wetland drainage district boundary, whichever is shorter. (b) the location of existing and future man-made features within the site and to a distance of five hundred feet (500') surrounding the site or to the wetland drainage district boundary, whichever is shorter. (Ord. 602, 8-25-97) (c) proposed drainage, grading and landscaping. City of Mounds View 1010.08 1010.08 (Rev. 8/97) (7) The time period for commencement and completion of the development, including time for staging of development, if applicable. (8) Design specification and plan for all sediment and erosion control measures as well as all grading and drainage appurtenances and practices. (9) Engineering data related to computations of existing and proposed hydrology, water quality, hydraulics and soil loss. (10) Such additional information as necessary to evaluate the permit application. (b) Processing of Application: (Ord. 602, 8-25-97) (1) The permit application shall be submitted to the City. The City shall process the permit application according to the provisions of this Section 1010.08 hereof. For permits requiring City Council action, the Community Development Department shall prepare a report and recommendation for consideration by City Council prior to the City Council taking action on the permit application. The Community Development Department or the City Council may refer the permit application to the Planning and Zoning Commission for its recommendation prior to action being taken on the permit application. (Ord. 602, 8-25-97) (2) A wetland alteration permit may be processed concurrently with any other application for use permit approval that may be required under other provisions of the Municipal Code. (Ord. 602, 8-25-97) (c) Action on Permit; Conditions: (1) Compliance with standards: No wetland alteration or wetland buffer permit shall be approved except it meet the standards set forth in Section 1010.08, subdivision 4. A permit may be approved subject to conditions reasonable and necessary to ensure compliance with the aforementioned standards in subdivision 4. Such conditions may, among other matters: (Ord. 602, 8-25-97) (a) Provide for the enhancement of storm water storage, fish and wildlife habitat, and water quality enhancement functions of wetland zoning districts; (Ord. 602, 8-25-97) (b) Provide for enhancement of recreation and education opportunities in wetland zoning districts; (c) Limit the size, kind or character of the proposed work; City of Mounds View 1010.08 1010.08 (Rev. 8/97) (d) Require the construction of storm water detention facilities or other structures; (e) Require replacement of vegetation; (f) Establish required monitoring or maintenance procedures, including the payment of costs for such procedures; (g) Stage the work over time and increments of land to be developed; (h) Require the alteration of the site design to insure buffering; (i) Require posting of sufficient surety to guarantee conformance to the purposes of the permit and all laws regulating the activity; or (Ord. 602, 8- 25-97) (j) Require the conveyance to the City of certain lands or interest therein. (2) Modification of Zoning Requirements: The dimensional requirements of the underlying zoning ordinance may be modified in furtherance of the purposes of this Chapter. (Ord. 602, 8-25-97) (3) Considerations in Granting of Approval: The City shall consider all relevant factors specified in other Sections of this Chapter, as well as the following: (Ord. 602, 8-25-97) (a) The relationship of the proposed use to the Comprehensive Plan and the impact of the proposed use on the wetlands in the surrounding area. (Ord. 602, 8- 25-97) (b) The impact of the proposed wetland alteration on the surface water storage, fish and wildlife habitat and water quality enhancement values of the wetland. (Ord. 602, 8-25-97) (4) Action by Resolution or by Written Notice: Action on permits shall be by the City Council or by the Director of Community Development, as provided in Section 1010.08, subdivision 6. A permit approval may include such terms and conditions as is deemed necessary by the approval body to protect the public health, safety and welfare and to meet the standards set forth in this Chapter 1010. For permits requiring City Council action, the City Council shall take action to approve, approve with conditions, or deny a permit application by resolution. For permits allowing action by the Director of Community Development, the director shall notify the applicant in writing of the decision on the permit. (Ord. 602, 8-25-97) City of Mounds View 1010.08 1010.10 (Rev. 8/97) Subd. 8. Expiration; Extensions and Renewals: A permittee shall begin the work authorized by the permit within ninety (90) days from the date of issuance of the permit unless otherwise set forth in the permit. The permittee shall complete the work authorized by the permit within the time limit specified on the permit which shall in no event exceed more than twelve (12) months from the date of issuance unless such time limit is extended by the approval authority. The permittee shall notify the City at least forty eight (48) hours prior to the commencement of work. Should the work not be commenced as specified herein, the permit shall become void. (Ord. 505, 4-27-92, Ord. 602, 8-25-97) 1010.09: APPEALS: An applicant may appeal the denial of a wetland alteration or wetland buffer permit by the Director of Community Development to the City Council. An appeal shall be filed in writing no more than fourteen (14) days following the date of the decision by the Community Development Director. The appeal shall be scheduled for consideration by City Council at the next regular City Council meeting which is at least seven days (7) from the date of the appeal. Consideration of appeals shall be in accordance with the standards and procedures set forth in this Chapter 1010. A decision by the City Council shall be final. (Ord. 602, 8-25-97) 1010.10: DEVELOPMENT DENSITY AND PARK LAND DEDICATION CREDIT TRANSFERS: Subd. 1. Credit for Undevelopable Lands: When land to be developed includes wetlands, the developer thereof may receive a credit for the undevelopable portion of said wetland, either: a. Toward the dedication of land requirements under Section 1204.02 of this Code not exceeding the amount of the developable lands in the development proposal; or b. The development may be intensified so as not to exceed twice the allowable land use densities prescribed under Titles 1100 and 1200 of this Code; provided, however, that said intensified land use must be consistent with street dedication dimensions, parking requirements and screening, fencing and landscaping regulations of the City; or c. The building square footage requirements of the Municipal Code may be intensified but not to exceed five percent (5%); or d. Any combination of subdivisions la, lb and 1c above as agreed upon by developer and City, keeping in mind that the public health, safety and welfare of the community is paramount. City of Mounds View 1010.10 1010.14 Subd. 2. Conveyance of Lands: Upon receipt of any of the credits herein, the developer shall convey any wetlands designated by this Chapter, for which a credit has been given, to and may be accepted by the City free and clear of all encumbrances. (Ord. 505, 4-27-92) 1010.11: MUNICIPAL LAND ACQUISITIONS: The Municipality may acquire, pursuant to law, fee title or easement rights, by dedication, gift, purchase, eminent domain, tax forfeiture, leasehold estates, part or all of any wetlands or land adjacent, abutting, contiguous or affecting wetlands, for the purpose of preserving such lands and protecting the public health, safety and welfare. Charges authorized by Section 203.08 and Title 1200 of this Code or by other applicable law may be used to finance the acquisitions authorized herein. The Council may abate those taxes and assessments within wetlands as authorized by law. (Ord. 505, 4-27-92) 1010.12: SPECIAL ASSESSMENTS: The property within a designated wetland which is restricted hereby or for which a development or other restrictive easement is conveyed to the Municipality shall not be subject to future special assessments for the costs of public improvements for which such assessments are authorized pursuant to Section 203.08 of the Municipal Code. (Ord. 505, 4-27-92) 1010.13: LIABILITY FOR DAMAGE: Neither the issuance of a permit nor compliance with the conditions thereof nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the Municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this Chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. (Ord. 505, 4-27-92) 1010.14: VIOLATIONS AND PENALTIES: Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. Each day during which said violation exists is a separate offense. Any violation of this Chapter is a public nuisance and may be enjoined by civil action. Costs of any civil enforcement shall be assessed against the property so enjoined. Any person who, in violation of this Chapter, alters, changes or modifies any wetlands shall restore such wetlands to their original condition. (Ord. 505, 4-27-92) ORDINANCE NO. 780 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AUTHORIZING THE ADOPTION OF NEW AND UPDATED “OFFICIAL WETLAND ZONING DISTRICT” MAPS WHEREAS, the City of Mounds View adopted Ordinance 318 in 1982 which established the creation of wetland zoning districts in the City of Mounds View; and, WHEREAS, Ordinance 318 also established the regulations pertaining to wetlands and wetland buffers originally codified as Chapter 48 and later recodified as Chapter 1010; and, WHEREAS, pursuant to Chapter 1010 of the Mounds View City Code, amendments to the official wetland zoning district maps shall be effectuated by ordinance. NOW THEREFORE, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance No. 780. Subd. 1. The City of Mounds View determined that a comprehensive update of the wetland zoning district maps was necessary and so authorized their preparation. Subd. 2. The resulting Wetland Zoning District maps dated September 7, 2006 and attached as Exhibit A to this ordinance shall hereby replace any and all previous versions of adopted wetland zoning maps and shall hereafter be identified as the Official Wetland Zoning District Maps for the City of Mounds View. SECTION 2. This ordinance is effective thirty days after its publication. First read and introduced by the City Council of the City of Mounds View this 9th day of October, 2006. Second reading and adoption by the City Council of the City of Mounds View on this 23rd day of October, 2006. _______________________________________ Rob Marty, Mayor ATTEST _______________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) NEW BRIGHTONNEW BRIGHTONBLAINEBLAINESHOREVIEWSHOREVIEWARDENHILLSARDENHILLSNorth Half Section 5North Half Section 6North Half Section 8South Half Section 5South Half Section 8North Half Section 17North Half Section 7South Half Section 7South Half Section 6CORDH2CORDJWHWY10CORDHWCORDIWI35WSILVERLAKERDQUINCYSTEASTWOODRDCORDHREDOAKDRARDANAVEWOODALEDRGREENWOODDRJACKSONDRRIDGELNHW Y10NESHERWOOD RD1 S T A VE N W SPRINGLAKERDHILLVIEWRDFAIRCHILDAVEGROVELANDRDTERRACE DRIRONDALERDWOODLAWNDROAKWOOD DRLONGLAKERD84TH LN NEEDGEWOODDRSUNNYSIDERDKNOLLWOODDRLOISDRPROGRAMAVESTINSONBLVDNEBONARD17THAVENWMOUNDSVIEW DRRAINBOWLNADAMSSTCEDARDRMISSISSIPPISTBRIGHTONLNKNOLLDRMUSTANGDRLAPORTDRRICECREEK T ERCLIFTONSTBUCKINGHAM LNSUNNYSIDETERSKIBADRCORALSEASTCORNELL DRT R OY DR VALLEYVIEWLNBRONSONDRLOUISAAVERAYMONDAVEMONTCLAIRAVELAMBERTAVEPINEWOODDRWALNUTAVE25THSTNWERINCTERICKSON RD LEONADRW 35W SERVICE DR GREENFIELDAVESTMICHAELSTPOPPYSEEDDRKINGSWAY LNLONGVIEWDRSTSTEPHENSTSQUIRELNRUSTADLNOCONNE L L DR CLEARVIEWAVEPLEASANTVIEWDRBELLELNORIOLE LNCABOTDRLANDMARKCIREASTMANDRWOODCRESTDRROCKSTONELNSUNBOW LNPARKVI E W T E RRAINBOWAVETHORNDALEAVEORIOLEAVE26THAVENW14THAVENW13THAVENWHILLVIEWRDNECHESHIRELNA R D M O R E AVE MU S T A N G C IRMIDLANDVIEWCT EDGEW O O DDRNEREDOAKCT84TH AVE NEVIO L E T L N SHERWOODPLFOREST LAKE CUT OFF DAISYCTPINEWOODCIRBRITTANYCTROBBIN LNWINDSORWAYMIS SISSIPPICIRGREGORYDRC L IF T O N D R FOXWOODCTSPRINGVIEWLNGREENFIELDPLWOODCRESTDRBRONSONDRLAPORTDRPINEWOODDRPLEASANTVIEWDRLONGLAKERDHWY10LAPORTDRSPRINGLAKERDPLEASANTVIEWDRQUINCYSTCORDIWKNOLLWOODDRSUNNYSIDERDHILLVIEWRDWOODCRESTDRCLEARVIEWAVEHWY10EDGEWOODDRNEH W Y 10LONGVIEWDROAKWOODDRB R IGHTONL NWOODALEDR LONGVIEWDRH W Y 1 0 REDOAKDRJACKSONDREASTMANDRHW Y10NELONGLAKERDPLEA S A N T V IEW DR EDGEWOODDRWOODALEDRHWY10GREENFIELDAVESUNNYSIDERDKNOLLWOODDRSTSTEPHENSTGREENWOODDRFAIRCHILDAVELONGLAKERDBONARDKNOLLWOODDRSHERWOODRDSPRINGLAKERDRAINBOW LNGROVELANDRDEDGEWOOD DR PLEASANTVIEWDRCity of Mounds View, MNWETLAND MAP SERIESLegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsMap Document: (S:\KO\M\Mound\060200\GIS\Wetland_booklet\Wetland_Mapbook_11x17_TitlePage.mxd)7/31/2006 -- 10:48:18 AMHALF SECTION MAP TILESSCALE: 1 inch = 400 ftMap booklet printed: 9/07/06Date of Data:Ramsey County Parcels - May 2006Ramsey County Buildings - 2003City of Mounds View Wetlands - 2006Source: Ramsey County, City of Mounds View, and SEH.© 2006 SEH BLAINEBLAINESHOREVIEWSHOREVIEWHWY 10HWY 10CORD J WCORD J WI 35WI35WSHERWOOD RDSHERWOOD RDLONG LAKE RDLONG LAKE RD84TH LN NE84TH LN NE82ND LN NE82NDLNNECORAL SEA STCORAL SEA STW 35W SERVICE DRW 35W SERVICE DRARDAN AVEARDAN AVESHERWOOD RDSHERWOOD RDNorth Half Section 50400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006South Half Section 5South Half Section 6North Half Section 6 SHOREVIEWSHOREVIEWCORD I WCORD I WI35WI35WHWY 10HWY 10SHERWOOD RDSHERWOOD RDHILLVIEW RDHILLVIEW RDTERRACE DRTERRACE DRWOODLAWNDRWOODLAWNDROAKWOOD DROAKWOOD DRLONG LAKE RDLONG LAKE RDLOIS DRLOIS DRQUINCY STQUINCY STKNOLL DRKNOLL DR TROY DRTROY DR CORNELL DRCORNELL DRSQUIRE LNSQUIRE LNRUSTAD LNRUSTAD LNCABOT DRCABOT DRGREENFIELD AVEGREENFIELD AVEMIDLAND VIEW CTMIDLAND VIEW CTBUNKER HILL DRBUNKER HILL DROAKWOOD DR NWOAKWOODDRNWJACKSON DRJACKSON DRJOHNSONDRJOHNSONDRQUAKER LNQUAKER LNGREENFIELD PLGREENFIELD PLI35WI 35WSHERWOOD RDSHERWOOD RDHILLVIEW RDHILLVIEW RDHWY 10HWY 10ARDEN HILLARDEN HILLSouth Half Section 50400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006North Half Section 8North Half Section 5South Half Section 6North Half Section 7North Half Section 6 ARDAN AVEARDAN AVE HWY 1 0 HWY 1 0 LONG LAKE RDLONG LAKE RDRED OAK DRRED OAK DREASTWOOD RDEASTWOOD RD GROVELAND R D GROVELAND R D SPRING LAKE RDSPRING LAKE RDGREENWOOD DRGREENWOOD DRCORD J WCORD J W P L E A S A N T V I E W D R P L E A S A N T V I E W D R HWY 10 NEHWY 10 NELAPORT DRLAPORT DRSHERWOOD RDSHERWOOD RD84TH AVE NE84TH AVE NEGROVELAND CTGROVELAND CT HWY 1 0 HWY 1 0CORD J WCORD J WSHERWOOD RDSHERWOOD RDSPRING LAKE PARKSPRING LAKE PARKNorth Half Section 60400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006South Half Section 5 North Half Section 5 South Half Section 6 SPRING LAKE PARKSPRING LAKE PARKHILLVIEW RDHILLVIEW RDEASTWOOD RDEASTWOOD RDCORD I WCORD I WGREENWOOD DRGREENWOOD DRLONG LAKE RDLONG LAKE RDSPRING LAKE RDSPRING LAKE RDSUNNYSIDE RDSUNNYSIDE RDRED OAK DRRED OAK DRHWY 10 NEHWY 10 NESILVERLAKERDSILVERLAKERDGROVELAND RDGROVELAND RDFAIRCHILD AVEFAIRCHILD AVEKNOLLWOOD DRKNOLLWOOD DRHILLVIEW RD NEHILLVIEW RD NELAPORT DRLAPORT DRSHERWOOD RDSHERWOOD RDREDOAKCTREDOAKCTSHERWOODPLSHERWOODPLOAKWOODDROAKWOODDRGLORIA CIRGLORIA CIRSHERWOOD RDSHERWOOD RDLONG LAKE RDLONG LAKE RDSPRING LAKE RDSPRING LAKE RDSouth Half Section 60400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006 South Half Section 5 North Half Section 8North Half Section 5 North Half Section 7North Half Section 6 CORD H2CORD H2HWY 10 NEHWY 10 NESILVER LAKE RDSILVER LAKE RDLONG LAKE RDLONG LAKE RDCORD I WCORD I WSPRING LAKE RDSPRING LAKE RD MOUNDSVIEW DR MOUNDSVIEW DRBRONSON DRBRONSON DRGROVELAND RDGROVELAND RDKNOLLWOOD DRKNOLLWOOD DR S K IB A D RSKIBADR PLEASANT VIEW DRPLEASANT VIEW DRSILVERVIEWDRSILVERVIEWDRPARKVIEWAVEPARKVIEWAVEEASTWOOD RDEASTWOOD RDGREENWOOD DRGREENWOOD DRHWY 10 NEHWY 10 NEBRONSON DRBRONSON DRSPRINGLAKERDSPRINGLAKERDKNOLLWOOD DRKNOLLWOOD DRCORD I WCORD I WNorth Half Section 70400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006 South Half Section 5 North Half Section 8 South Half Section 8 South Half Section 6South Half Section 7 NEW BRIGHTONNEW BRIGHTONCORD H2CORD H2CORD H WCORD H WRIDGE LNRIDGE LNLONG LAKE RDLONG LAKE RDSILVER LAKE RDSILVER LAKE RDKNOLLWOOD DRKNOLLWOOD DRWOODALE DRWOODALE DRRAINBOW LNRAINBOW LNSKIBA DRSKIBA DRLOUISA AVELOUISA AVEGREENWOOD DRGREENWOOD DRLONGVIEW DRLONGVIEW DRCLEARVIEW AVECLEARVIEW AVEPLEASANT VIEW DRPLEASANT VIEW DRWOODCREST DRWOODCREST DRPARKVIEWAVEPARKVIEWAVESPRING LAKE RDSPRING LAKE RDSPRING CREEK DRSPRING CREEK DR PA R KVIEWTERPA R KVIEWTERH IDD EN HO LLOW COU RTHIDDENHOLLOWCOURT STINSON BLVD NESTINSONBLVDNEWOODALE DRWOODALE DRWOODCREST DRWOODCREST DRSouth Half Section 70400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006 North Half Section 8 South Half Section 8 North Half Section 17 North Half Section 7 ARDEN HILLSARDEN HILLSCORD I WCORD I WCORD H2CORD H2I 35WI 35WQUINCY STQUINCY STHWY 10 NEHWY 10 NELONG LAKE RDLONG LAKE RDADAMS STADAMS STBRONSON DRBRONSON DRLAMBERT AVELAMBERT AVEPINEWOOD DRPINEWOOD DRERICKSON RDERICKSON RDGREENFIELD AVEGREENFIELD AVEBELLE LNBELLE LNLANDMARK CIRLANDMARK CIRBONA RDBONA RDEDGEWOOD DREDGEWOOD DRAR D M O R E AVEARDMOREAVE EDGEWOOD DR NEEDGEWOOD DR NEGROBERG STGROBERG STPINEWOOD CIRPINEWOOD CIR M O U N D SVIEWDRM O U N D SVIEWDRST MICHAEL STST MICHAEL STST STEPHEN STST STEPHEN STWOODLAWN DRWOODLAWN DRGLENHAVENLNGLENHAVENLNBRONSON DRBRONSON DR CORD H 2 CORD H 2 LONG LAKE RDLONG LAKE RDPINEWOODDRPINEWOODDRI 35WI 35WBRONSON DRBRONSON DRWOODLAWN DRWOODLAWN DRSHOREVIEWSHOREVIEWNorth Half Section 80400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006South Half Section 5South Half Section 8South Half Section 6North Half Section 7South Half Section 7 ARDEN HILLSARDEN HILLSNEW BRIGHTONNEW BRIGHTONCORD H2CORD H2WOODALE DRWOODALE DRHWY 10 NEHWY 10 NECORD H WCORD H WI 35WI35WLONG LAKE RDLONG LAKE RDIRONDALE RDIRONDALE RDRIDGE LNRIDGE LNQUINCY STQUINCY STEDGEWOOD DREDGEWOOD DRPROGRAM AVEPROGRAM AVESKIBA DRSKIBA DRGREENFIELD AVEGREENFIELD AVEOCONNELL DROCONNELL DRWOODCREST DRWOODCREST DRJEFFREY DRJEFFREY DRCLIFTON STCLIFTON STCLEARVIEW AVECLEARVIEW AVEEDGEWOOD DR NEEDGEWOOD DR NEJACKSON DRJACKSON DRRAYMOND AVERAYMOND AVEST STEPHEN STST STEPHEN STMONTCLAIR AVEMONTCLAIR AVEPINEWOOD CTPINEWOOD CTI 35WI35WWOODALE DRWOODALE DRWOODCREST DRWOODCREST DRSouth Half Section 80400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006North Half Section 8North Half Section 17North Half Section 7South Half Section 7 NEW BRIGHTONNEW BRIGHTON ARDEN HILLSARDEN HILLSI 3 5 W I35W CORD H WCORD H W 1ST A V E N W 1ST A V E N W CORD HCORD H HWY 1 0 HWY 1 0 DICKENS LNDICKENS LNBUCKINGHAM LNBUCKINGHAM LN25TH ST NW25TH ST NW17TH AVE NW17TH AVE NWPOPPYSEED DRPOPPYSEED DRKINGSWAY LNKINGSWAY LNBONA RDBONA RD14TH AVE NW14TH AVE NW13TH AVE NW13TH AVE NWCHESHIRE CIRCHESHIRE CIRLONDONARY AVELONDONARY AVEWELLINGTON AVEWELLINGTON AVEIRONDALE RDIRONDALE RDEDGEWOOD DREDGEWOOD DRWINDSOR WAYWINDSOR WAYGREENWOOD DRGREENWOOD DRLONG LAKE CTLONG LAKE CTHWY 10HWY 10HWY 10HWY 1017TH AVE NW17TH AVE NWPOPPYSEED DRPOPPYSEED DRNorth Half Section 170400200FeetWETLAND MAP SERIESMap Tile:LegendWetlandStorm Water Pond100 Foot Wetland BufferBuildingsParcelsCity LimitsOutside City LimitsCity of Mounds View, MNSource: Ramsey County, City of Mounds View, and SEH.© 2006 SEHProjection: Ramsey County (ft)Datum: NAD83Sep 07, 2006South Half Section 8South Half Section 7 Item No: 07C Meeting Date: January 12, 2009 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7403 Approving a Step Increase for Nate Behlen Mounds View Public Works Employee Background: Nate Behlen is a current employee with the City of Mounds View. His supervisor (Steve Dazenski) reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that Nate Behlen has more than satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustments is consistent with the Mounds View Public Works Labor Contract. Respectfully Submitted, Desaree Crane RESOLUTION 7403 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has more than satisfactorily performed in the capacity of his position documented in his performance review on file. WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Nate Behlen Public Works, Sewer Division Date of Employment: September 14, 2005 Level A: $19.25/hr Level B: $20.32/hr September 14, 2006 Adopted this 9th day of October, 2006. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No. 7H Meeting Date: October 9, 2006 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6947 Appointing Brett Brisbois to a Vacancy in the Water Division of the Public Works Department Background: On June 12, 2006 the City Council approved Resolution 6844 appointing Mike Schnur as the Lead Utility Worker and authorized advertisement of the vacancy in the Water Division that was created by this appointment. Discussion Advertisement for applications was placed in the Star Tribune, Pioneer Press, and the New Brighton–Mounds View Bulletin. It was also placed on the City’s web site and the League of Minnesota Cities Job listing. The City received a total of twenty-six (26) applications for the vacant water position. The applications were pointed and interviews were scheduled with four (4) applicants. The interview committee consisted of the Public Works Director, the Public Works Supervisor, the Public Works Administrative Assistant and the Lead Utility Worker, who formerly occupied this position. Interviews were held on September 27, 2006. Staff has reviewed the credentials of the four applicants that were interviewed and is recommending Brett Brisbois for the position. The interview committee conferred and agreed that Brett Brisbois would meet and exceed all requirements of a Water Division Employee. Mr. Brisbois has attended Century College for general education and Saint Cloud Technical College where he received a certificate in Water Environmental Technologies. He possesses a Minnesota Water Supply System Operators Class D license and a Minnesota Wastewater Operators Class D license. As a requirement of the position, Mr. Brisbois also possesses a Commercial Driver’s License (CDL). He has a Minnesota Special Engineers Boilers License, and posses the necessary computer and mechanical skills. Mr. Brisbois has worked several internships in the water and wastewater field. These internships include: Metropolitan Council Environmental Services, City of Forest Lake, Chisago County Wastewater Treatment, and the City of White Bear Lake. Mr. Brisbois, if hired, would be a member of the Public Works Collective Bargaining Unit. As such, Mr. Brisbois would be subject to the established job classification system with regard to the pay scale. Based on the criteria set forth by the 2004-2005 Labor Agreement with the Public Works Collective Bargaining Unit, Mr. Brisbois would qualify for Level A pay scale, which is currently established at $19.25 per hour. Progressing to Level B, then C in the future will be based on Mr. Brisbois’ ability to meet the criteria established by the Labor Agreement for these levels. As per the Public Works Labor Agreement, Brett Brisbois will be subject to a twelve-month probationary period. All other personnel policies will apply per the Public Works Labor Agreement and the City’s personnel manual. The Public Works Department is confident that Brett Brisbois would be an asset to the City and is recommending that the Council hire him for the position of Public Works Water Maintenance Employee. Recommendation: Staff recommends that the Council authorize the appointment of Brett Brisbois to the vacancy in the Water Division of the Public Works Department. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6947 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING BRETT BRISBOIS TO A VACANCY IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, the Mounds View City Council has given direction to fill the current vacancy in the Water Division of the Public Works Department; and WHEREAS, the position was advertised and the City received twenty-six (26) applications; and WHEREAS, Brett Brisbois is qualified for the position and would begin employment with the City on October 11, 2006; and WHEREAS, Mr. Brisbois will be a member of the Public Works Collective Bargaining Unit, and as such, will be subject to the established job classification system with regard to the pay scale as set forth in the Public Works Labor Agreement, and WHEREAS, Mr. Brisbois qualifies for Level A pay scale based on the criteria set forth by said Labor Agreement, which is currently established at $19.25 per hour; and WHEREAS, Mr. Brisbois would be subject to a twelve month probationary period and all other personnel policies as per the Public Works Labor Agreement and the City’s personnel manual. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve hiring Brett Brisbois as a Full-Time Employee in the Water Division of the Public Works Department effective October 11, 2006. Adopted this 9th day of October 2006. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) Item No: 08A Meeting Date: October 9, 2006 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, 2006. 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 2005. Those companies renewing their license were licensed, at a minimum, in the year 2005. The type of license they are applying for follows the company name. Allied Fence Fence Installation New Designer Sign Systems Sign Installation New United Properties, LLC General (Commercial) New Staff Recommendation: Approve license applications as requested. Item No. 8D Meeting Date: October 9, 2006 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6949 Accepting the Preliminary Design of Landscape Architecture Elements for the County Road 10 Trailway Corridor Background: On August 28, 2006 the City Council approved resolution 6930 authorizing the preliminary design of landscape architecture elements for the County Road 10 Trailway Corridor. At the October 2, 2006 Work Session, representatives of the City’s consulting firm of BRAA / DSU provided the City Council a presentation on this project and the current landscape concept plan. Discussion: At the October 2, 2006 Work Session, City Council directed Staff to bring the preliminary design of landscape architecture elements for the County Road 10 Trailway Corridor back to the October 9th City Council meeting for approval. Final copies of the report have been completed and are available for review at City Hall and will be available on the City’s web site at http://www.ci.mounds- view.mn.us The purpose of this preliminary landscape design is to ensure that the landscaping designs throughout the County Road 10 Trailway Corridor will flow along the corridor and transitions between future projects will be seamless. Establishing the key landscaping elements for the entire corridor will ensure that each trail segment constructed will complement the entire corridor theme. Recommendation: It is recommended the City Council accept the preliminary design of landscape architecture elements for the County Road 10 Trailway Corridor. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6949 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING THE PRELIMINARY DESIGN OF LANDSCAPE ARCHITECTURE ELEMENTS FOR THE COUNTY ROAD 10 TRAILWAY CORRIDOR WHEREAS, on August 28, 2006 the City Council approved resolution 6930 authorizing the preliminary design of landscape architecture elements for the County Road 10 Trailway Corridor; and WHEREAS, at the October 2, 2006 Work Session, representatives of the City’s consulting firm of BRAA / DSU provided the City Council a presentation on this project and the current landscape concept plan; and WHEREAS, at said Work Session the City Council directed Staff to bring the preliminary design of landscape architecture elements for the County Road 10 Trailway Corridor back to the October 9, 2006 City Council meeting for approval; and WHEREAS, final copies of the report have been completed and are available for review at City Hall and will be available on the City’s web site at http://www.ci.mounds-view.mn.us; and WHEREAS, the purpose of this preliminary landscape design is to ensure that the landscaping designs throughout the County Road 10 Trailway Corridor will flow along the corridor and transitions between future projects will be seamless. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby accept the preliminary design of landscape architecture elements for the County Road 10 Trailway Corridor. Adopted this 9th day of October 2006. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator ***These minutes have been reviewed by Mayor Rob Marty, Councilmember Sherry Gunn, City Administrator Kurt Ulrich, Community Development Director Jim Ericson and Finance Director Mark Beer*** PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 11, 2006 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 A. Observe Moment of Silence i n Honor of the Victims of 9/11 14 15 2. PLEDGE OF ALLEGIANCE 16 17 3. ROLL CALL: Mayor Marty, Councilmember Stigney, Councilmember Gunn, 18 Councilmember Flaherty, and Councilmember Thomas 19 20 NOT PRESENT: None. 21 22 4. APPROVAL OF AGENDA 23 24 A. Monday, September 11, 2006 City Council Agenda 25 26 MOTION/SECOND: FLAHERTY/GUNN. To Approve the Monday, September 11, 2006 27 agenda as presented. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 5. PUBLIC INPUT 32 33 Carol Casebolt, 2630 Louisa Ave., asked the City to try and save the half-mile stretch of the 860 34 bus line that runs through her neighborhood. She stated there has been a local leg of the bus for 35 25 years. She noted that there are many people who take the bus and there are no benefits to 36 removing the half-mile stretch that serves Mounds View. She also indicated that Metro Transit 37 has added a route to Lafayette Park. 38 39 Ms. Casebolt said that the removal of the line does not make sense and there was no written 40 public notice. She said she has been working with the Mounds View area’s representative on the 41 Met Council, Kris Sanda, but there is not a lot of interest in saving the route. 42 43 Mounds View City Council September 11, 2006 Regular Meeting Page 2 Ms. Casebolt stated that when she purchased her home, she called Metro Transit to make sure 1 that the route was solid and that at the time, Metro Transit gave the residents assurance that the 2 route would be kept. 3 4 Ms. Casebolt stated that six to seven residents are directly impacted and asked that the Council 5 join the Met Council Representative Sanda to try and save the route. She noted the route is in 6 transition and asked the Council for their support. She explained the bus route and said it will 7 now take 90 minutes for her to commute to Minneapolis. 8 9 Councilmember Thomas stated that the bus is the only route from Mounds View to Saint Paul. 10 She stated that if the City wants to support public transportation, the Council needs to speak up. 11 She stated she supports an official letter from the Council to try and save the bus line. 12 13 Mayor Marty said that in the past, the City has received notice a month or so prior to route 14 cancellations. He stated riders were noticed on Friday and the bus line was gone on Monday. 15 Ms. Casebolt stated that although she heard about the closure through the grapevine a few weeks 16 ago, it was still quite sudden. She stated Metro Transit based their decision on less than solid 17 research. 18 19 Mayor Marty asked if there is any way the Council could write a letter to Metro Transit on the 20 City’s behalf. Administrator Ulrich stated it would be possible. The Council reached consensus 21 to write such a letter opposing the removal of the bus line. 22 23 6. SPECIAL ORDER OF BUSINESS 24 25 None. 26 27 7. COUNCIL BUSINESS 28 29 A. Second Reading and Adoption of Ordinance 778, an Ordinance 30 Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas 31 Operations within the City of Mounds View for the Year 2007. (ROLL 32 CALL VOTE) 33 34 Finance Director Beer stated the ordinance is to continue the 4% franchise fee on natural gas and 35 electric operations within the City. He stated the franchise fee is an integral part of the budget, 36 $270,000 of which is budgeted for the Street Improvement Fund and $270,000 of which will go 37 into the General Fund. He noted that public notice was given and the ordinance will be published 38 as soon as it is approved. 39 40 Finance Director Beer noted the City Attorney Riggs addressed Xcel’s letter. He stated City’s 41 position that any franchise fee be approved by 4/5 of the Council after notice and a public 42 hearing, and the franchise does not require that Xcel accept the fee ordinance language, and 43 accordingly, Xcel has no basis to demand specific ordinance language, such as a permit fee 44 waiver. 45 Mounds View City Council September 11, 2006 Regular Meeting Page 3 1 Finance Director Beer stated there is no impediment to approving the ordinance at this time. 2 3 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Ordinance 778, an 4 Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations 5 within the City of Mounds View for the Year 2007. 6 7 Councilmember Stigney noted that the 4% franchise fee is for one year and will sunset on Dec 1, 8 2007. 9 10 Marty – Aye 11 Stigney – Aye 12 Gunn – Aye 13 Flaherty – Aye 14 Thomas – Aye 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 B. Second Reading and adoption of Ordinance 779, an Ordinance 19 Implementing a Franchise Fee on Center Point Energy Natural Gas 20 Operations within the City of Mounds View for the Year 2007. (ROLL 21 CALL VOTE) 22 23 Finance Director Beer explained the ordinance continues the 4% franchise fee, which will sunset 24 on December 1, 2007. He noted the Centerpoint contributions do not impact the budget, but in 25 order to be consistent, the franchise ordinance needs to be on the books. 26 27 MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Ordinance 779, an 28 Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within 29 the City of Mounds View for the Year 2007. 30 31 Marty – Aye 32 Stigney – Aye 33 Gunn – Aye 34 Flaherty – Aye 35 Thomas – Aye 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 C. Resolution 6933 Authorizing Certification of the Proposed General Fund 40 Budget and Property Tax Levy for Fiscal Year 2007. 41 42 Finance Director Beer stated that by law, the City is required to pass a preliminary levy that 43 needs to be certified by the County by December 15. He stated the Council has directed Staff to 44 prepare a preliminary levy of 0%, which will be the same as last year and will equal two straight 45 Mounds View City Council September 11, 2006 Regular Meeting Page 4 years of no levy increases. 1 2 Mayor Marty stated that once the levy is approved, it cannot be raised, and it is being approved at 3 a 0% increase. 4 5 MOTION/SECOND: MARTY/FLAHERTY. To waive the reading and adopt Resolution 6933 6 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal 7 Year 2007. 8 9 Councilmember Stigney stated the City has used Medtronic revenue in the levy reduction fund 10 prior to reducing the budget, which he hopes will be reduced. 11 12 Councilmember Stigney also noted his confusion about the numbers. He said one of the major 13 items, the $188,000 for the street reconstruction fund, is not shown in the report and asked that 14 everything be reflected in the report. He stated the number is part of tax levies the City provides 15 to the residents and he is having difficulty seeing how it balances. 16 17 Finance Director Beer replied that all taxes could be recorded in the general fund, then 18 transferred to the debt service fund so all taxes are shown in one fund. He stated if the City 19 issues more bonds as the street improvement projects are increased, the amounts moved in and 20 out of the general fund may be quite large. 21 22 Finance Director Beer stated the proper accounting practice is to record the tax revenue in the 23 fund from which the City will pay the debt service. He stated one fund could be established for 24 all of the taxes so citizens could understand it better, however. Councilmember Stigney stated he 25 would appreciate such action. Mayor Marty suggested an addendum be added to the report 26 indicating the taxes. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 D. Resolution 6932 Establishing Public Hearing Dates for the Proposed General 31 Fund Budget and Property Tax Levy for Fiscal Year 2007. 32 33 Finance Director Beer stated that as a result of certifying a 0% levy increase, the City could hold 34 a truth-in-taxation hearing. He stated that the City is not required to hold such a hearing, but they 35 could do so to provide an opportunity for citizens to comment on the budget. He recommended 36 that the Council approve a preliminary hearing on December 4, 2006, and December 11, 2006 as 37 the follow-up hearing. He stated the approval of the budget will happen at the December 11 38 meeting. 39 40 Mayor Marty noted that he and the Council support a hearing even though there is a 0% levy 41 increase. Finance Director Beer noted that the City does not have to comply with the full 42 notification process, and that would save the City money. 43 44 MOTION/SECOND: THOMAS/STIGNEY. To waive the reading and adopt Resolution 6932 45 Mounds View City Council September 11, 2006 Regular Meeting Page 5 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy 1 for Fiscal Year 2007. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 Councilmember Flaherty noted, for those watching the hearing at home, that the agenda item 6 listed on the screen is not the one being discussed. 7 8 E. Resolution 6935, a Resolution Authorizing the Hire of Mary Springer to the 9 Position of Mounds View Receptionist. 10 11 City Administrator Ulrich noted that the starting wage for the position will be $12.57 per hour, 12 which is the first step in the range for the position. He explained that there were over 90 13 applications for the position, six were interviewed, and Ms. Springer was the top candidate. He 14 noted Ms. Springer is a long-time Mounds View resident. 15 16 Mayor Marty noted the step progression of the position. 17 18 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6935, a 19 Resolution Authorizing the Hire of Mary Springer to the Position of Mounds View Receptionist. 20 21 Councilmember Stigney commented that he is happy that a Mounds View resident was hired, but 22 stated he does not agree with the specific job and would rather an administrative assistant be 23 hired. 24 25 Ayes – 4 Nays – 1(Stigney) Motion carried. 26 27 F. Reschedule Monday, September 18, 2006 Special Work Session. 28 29 City Administrator Ulrich suggested the Special Work Session be scheduled for Monday, 30 September 25, which is the date of the next EDA and City Council meeting. He noted it will 31 give the Council a good start on the budget and will be held on a regular meeting day. 32 33 Mayor Marty agreed with the suggestion. He asked Community Development Director Ericson if 34 there would be any EDA business. Community Development Director Ericson stated that there 35 could be a resolution regarding the property at 2696 County Road 10. 36 37 Mayor Marty suggested a 5:30 p.m. start time for the Work Session on September 25. 38 39 The Council came to consensus to hold the meeting at 5:30 on September 25. 40 41 8. CONSENT AGENDA 42 43 Mayor Marty noted that work on two of the items has already been done so the licenses need to 44 be approved. 45 Mounds View City Council September 11, 2006 Regular Meeting Page 6 1 A. Licenses for Approval 2 3 MOTION/SECOND: MARTY/FLAHERTY. To Approve the Consent Agenda as presented. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 9. JUST AND CORRECT CLAIMS 8 9 Councilmember Flaherty asked about Check Number 119159, issued to Dave’s Sport Shop for 10 the amount of $106.48. Finance Director Beer stated they were athletic nets for fields. He asked 11 about Check Number 119194, to the Pioneer Press for $2,021 to run ads for the receptionist and 12 water maintenance. Finance Director Beer noted that it was two separate ads and which were run 13 on Sundays, which are expensive. 14 15 City Administrator Ulrich stated one ad was run for one week, one was for two weeks, and it is 16 around $800 per ad for one week. Councilmember Flaherty asked about advertising in the local 17 papers versus the larger papers. Finance Director Beer stated they did not receive many 18 applications for the water position from ads in the local paper. 19 20 Councilmember Gunn asked about Check Number 119141, the Heartland Mounds View 21 Common Bond. Director Ericson noted it was a developer payment in TIF for Silver Lake Point. 22 23 Councilmember Gunn then asked about Check Number 119186, the MN Department of Labor 24 building surcharge. Finance Director Beer noted it was all of the building permit surcharges paid 25 to the state. 26 27 Councilmember Gunn asked about Check Number 119202, concrete for the Silver Lake Road 28 Sidewalk. Finance Director Beer stated the payment was for a contractor. 29 30 Finance Director Beer noted that the charge for SEH is for wetland maps and GIS updates. 31 32 MOTION/SECOND: GUNN/STIGNEY. To approve the Just and Correct Claims as Presented. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 10. APPROVAL OF MINUTES 37 38 A. August 14, 2006 City Council Meeting Minutes 39 Mounds View City Council September 11, 2006 Regular Meeting Page 7 1 Mayor Marty noted he made several corrections to Director Ericson. 2 3 Councilmember Flaherty corrected page 5, lines 23 and 24, and asked that it be rephrased. 4 5 Mayor Marty asked the Council about page 6, line 19-21. 6 7 Mayor Marty commented that he liked the “hearing no comment” phrasing for public hearings. 8 9 Councilmember Thomas noted on page 9, Line 42, that it should read “in the ordinance 10 language” instead of “that current licensing requirements” 11 12 Councilmember Gunn noted on page 9, Line 27, it should read included. 13 14 Mayor Marty noted a change on page 29. 15 16 MOTION/SECOND: MARTY/FLAHERTY. To Approve the August 14, 2006 City Council 17 meeting minutes as corrected during the meeting and as by submissions from Councilmembers. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 11. REPORTS 22 23 A. Reports of Mayor and Council 24 25 None. 26 27 B. Reports of Staff 28 29 City Administrator Ulrich noted that the primary elections are Tuesday, September 12th, from 30 7:00 a.m. – 8:00 p.m., and filings for local office will close at 5:00 p.m. 31 32 City Administrator Ulrich noted Mounds View received a letter from the League of Minnesota 33 Cities regarding the case of Councilmember Barbara Thomas sitting on both the Charter 34 Commission and Council. He stated the City Attorney recommended the Charter Commission 35 take up the issue at their next regular meeting. 36 37 City Administrator Ulrich stated the IRS completed their examination of the City’s books and the 38 City has passed with flying colors. He commended Finance Director Beer and Staff for their 39 work. He noted the IRS auditor commended the City for Staff’s record keeping. He noted there 40 was an issue with the health savings retirement plan, but it is a national issue and the 41 International City Manager’s Association has agreed to provide legal assistance to the City. He 42 noted there are about a dozen other cities dealing with the same issue. 43 44 City Administrator Ulrich also pointed to his two-page update. 45 Mounds View City Council September 11, 2006 Regular Meeting Page 8 1 1. Finance Quarterly Report 2 3 Finance Director Beer stated that the general fund is on target. He stated that the timing of when 4 things occur regarding revenue, and that the majority of revenues come in during the second half 5 of the year. He noted that the number in the report from June 30th may not reflect a proportionate 6 amount of income. 7 8 Finance Director Beer noted the City is doing well as far as expenditures and may have a small 9 surplus. He noted that there is a deficit of $136,000 for the community center, and a $146,000 10 transfer will help offset the deficit. He noted the deficit was from the $45,000 in projected 11 revenue from the banquet center, of which only $2,345 has been collected. He noted that fund 12 reserves or increasing the transfer from other funds will have to offset the deficit. 13 14 Finance Director Beer noted that the $220,000 received from Ramsey County has been 15 outstanding from 1998 relating to the H2 project. He noted the City received $1.29 million from 16 Medtronic as part of the Bridges Golf Course Redevelopment, which will go toward the different 17 City projects. 18 19 Finance Director Beer explained that the City has collected $493,000 in investment income, 20 compared to $203,000 the previous year. He stated that currently, the investment fund is near 21 $25 million when it was previously $13.6 million for the same period in 2005. He noted the large 22 increase was from the sale of the golf course and significant permit income. 23 24 Finance Director Beer added that the Federal Open Market Committee (FOMC) has rate 25 increases and the discount rate is 5.25%. He noted the spread on the yield curve continues to be 26 very narrow. He stated the City uses the investment strategy called “laddering” or staggering 27 maturities over a number of years to off-set the impact of interest rate fluctuation. He stated the 28 City maintains liquid (money market) of $1-2 million for cash flow purposes. He added that the 29 rate will continue as long as the inflation rates remain tame, and some economists are predicting 30 that the FOMC will have to lower rates in 2007. 31 32 Finance Director Beer also noted that the finance operations for the second quarter are dominated 33 by the comprehensive annual financial report and subsequent audit. He noted they have begun 34 work on the long-range financial plan, preparing variable utility rates, and renewing the insurance 35 policies for the policy year beginning January 1, 2007. 36 37 Finance Director Beer noted that two significant events will occur in the third and fourth 38 quarters, the budget and the implementation of the new financial software. He added that the list 39 of delinquent utility bills and unpaid diseased tree charges will be presented to the Council for 40 certification. 41 42 Finance Director Beer stated Staff will also work with insurers for 2007 rates. He also noted that 43 the department has decreased annual software maintenance fees by $1,700 by implementing the 44 new software. 45 Mounds View City Council September 11, 2006 Regular Meeting Page 9 1 C. Reports of City Attorney 2 3 None. 4 5 12. Next Council Work Session: Monday, October 2, 2006, at 7 p.m. 6 Next Council Meeting: Monday, September 25, 2006, at 7 p.m. 7 8 13. ADJOURNMENT 9 10 The meeting was adjourned at 7:47 p.m. 11 12 Transcribed by: 13 14 Lauren McKay 15 TimeSaver Off Site Secretarial, Inc. 16