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HomeMy WebLinkAboutAgenda Packets - 2003/05/05 CITY OF MOUNDS VIEW CITY COUNCIL WORKSESSION AGENDA Monday, May 5, 2003 7pm CALL TO ORDER ROLL CALL: Linke, Stigney, Quick, Marty, Gunn PUBLIC COMMENT 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. Agenda Items Discussed by Consensus ______ 1. Discuss Proposed Fire and Building Code Amendments – Osmonson/Ericson ______ 2. Discussion of Possible Recreation Department Staffing – Hansen ______ 3. Discussion of Golf Course Car Lease – Burg ______ 4. Discuss Redevelopment Options for County Road H2 Parcels -- Backman ______ 5. Pavement Management Program (2004 Street Improvement Project) – Lee ______ 6. County Road H Pathway – Introduction of a draft feasibility study – Lee ______ 7. Water Tower Project - Lee ______ 8. Garbage Collection: Restriction of Days of Service – Lee ______ 9. Recyclable Material Collection: Contractual Service – Lee ______ 10. Lion’s Bus Issue – Hansen ______ 11. Discuss Staffing Options in Community Development – Ericson ______ 12. Discuss Fire Protection Services Contract (No handouts) – Zikmund ______ 13. Lakeside Park and Beach Operations – Hansen ______ 14. Discussion of Quarterly Transfers to the Community Center - Hansen Next Council Worksession: Monday, June 2, 2003 Next City Council Meeting: Monday May 12, 2003 Item No: 1 Meeting Date: May 5, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kathi Osmonson, Building Official / Fire Marshal James Ericson, Acting City Administrator Item Title/Subject: Discussion Regarding Proposed Changes to the Building and Fire Codes Introduction: The State of Minnesota is replacing the current Minnesota Uniform Building and Fire Codes with the new Minnesota State Building and Fire Codes, which will be based on the 2000 editions of the International Building and Fire Codes or I-Codes. Cities within the 11 county metropolitan area are mandated by state law to adopt the State Fire and Building Code. The proposed code amendment involves perpetual adoption of the most current MN State Building and Fire Codes. Discussion: Until this code adoption cycle, there have been three major model codes used throughout the United States. Each was unique in its administration, design, construction requirements and enforcement of the construction industry. Since 1997 the three model code groups have been working together to provide one set of comprehensive and coordinated construction codes that can be used across the country. On January 21, 2003 this became a reality with the introduction of the 2000 edition of the International Code Series or I-codes. This consolidation of the three codes combines more than 190 years of building and fire safety code development. The I-codes feature time tested safety concepts, updated means of egress and interior finish requirements, comprehensive roof provisions, innovative and up to date construction and fire protection technology, updated structural provisions and the latest industry standards in material design. One of the significant changes incorporates trade-offs for buildings protected by automatic extinguishing systems. The City Building Official / Fire Marshal and members of the fire department have been promoting the advantages of installing sprinkler systems for years. The codes now give building owners relief from other code requirements based on the proven success of sprinkler systems. These systems not only protect lives and property but they are essential if we are to maintain the volunteer fire department that provides cost effective protection to this community. Based on the importance of sprinkler systems we are recommending the continued adoption of Chapter 1306 (former Appendix E), which has been incorporated into the Mounds View code since 1983. The changes in this chapter involve modifications to some of the sprinkler thresholds to ensure the protection of assembly and high hazard occupancies. The code also redefines town homes to ensure that they fall into the existing threshold of 8500 square feet for multi family structures. The I-codes will involve some changes but overall they will allow for greater design flexibility through the use of new technology, materials and performance based design. Additional Changes: New language proposed in Chapter 1002 includes new section 1002.07 regarding the “Possession of Ignition Devices” and section 1002.08 regarding “Residential Alarm Verification.” Section 1002.07 indicates that minors shall not possess ignition devices. Juvenile fire setters have been a leading cause of fire within the Fire Department service area. When Blaine adopted this ordinance, we saw a dramatic decrease in juvenile firesetter activity. Since the legalization of fireworks in the State of MN there has been an increase in activity with juvenile firesetters, including an incident in Mounds View in early April involving juveniles and fireworks. This ordinance is not intended to charge children with criminal offenses, but to have a legal means of requiring them to attend life saving education through the Juvenile Firesetter Intervention Education conducted every month by the Juvenile Firesetter Task force at the Lino Lakes Juvenile Detention Center. Section 1002.08 is designed to reduce false alarm responses for both Fire and Police Department. There have been several of these false residential calls, involving both police and fire personnel. Recommendation: If the Council should have any questions about the proposed changes, please contact Kathi Osmonson directly at 763-717-4024 or at 763-286-6268. No action or direction is being requested—the information is being presented to ensure the Council understands the nature and rationale behind the amendments. _____________________________________ James Ericson Interim City Clerk/Administrator _____________________________________ Kathi Osmonson Building Official / Fire Marshal Attachments: 1. Proposed Amendments Item No: 1 Meeting Date: May 5, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kathi Osmonson, Building Official / Fire Marshal James Ericson, Acting City Administrator Item Title/Subject: Discussion Regarding Proposed Changes to the Building and Fire Codes Introduction: The State of Minnesota is replacing the current Minnesota Uniform Building and Fire Codes with the new Minnesota State Building and Fire Codes, which will be based on the 2000 editions of the International Building and Fire Codes or I-Codes. Cities within the 11 county metropolitan area are mandated by state law to adopt the State Fire and Building Code. The proposed code amendment involves perpetual adoption of the most current MN State Building and Fire Codes. Discussion: Until this code adoption cycle, there have been three major model codes used throughout the United States. Each was unique in its administration, design, construction requirements and enforcement of the construction industry. Since 1997 the three model code groups have been working together to provide one set of comprehensive and coordinated construction codes that can be used across the country. On January 21, 2003 this became a reality with the introduction of the 2000 edition of the International Code Series or I-codes. This consolidation of the three codes combines more than 190 years of building and fire safety code development. The I-codes feature time tested safety concepts, updated means of egress and interior finish requirements, comprehensive roof provisions, innovative and up to date construction and fire protection technology, updated structural provisions and the latest industry standards in material design. One of the significant changes incorporates trade-offs for buildings protected by automatic extinguishing systems. The City Building Official / Fire Marshal and members of the fire department have been promoting the advantages of installing sprinkler systems for years. The codes now give building owners relief from other code requirements based on the proven success of sprinkler systems. These systems not only protect lives and property but they are essential if we are to maintain the volunteer fire department that provides cost effective protection to this community. Based on the importance of sprinkler systems we are recommending the continued adoption of Chapter 1306 (former Appendix E), which has been incorporated into the Mounds View code since 1983. The changes in this chapter involve modifications to some of the sprinkler thresholds to ensure the protection of assembly and high hazard occupancies. The code also redefines town homes to ensure that they fall into the existing threshold of 8500 square feet for multi family structures. The I-codes will involve some changes but overall they will allow for greater design flexibility through the use of new technology, materials and performance based design. Additional Changes: New language proposed in Chapter 1002 includes new section 1002.07 regarding the “Possession of Ignition Devices” and section 1002.08 regarding “Residential Alarm Verification.” Section 1002.07 indicates that minors shall not possess ignition devices. Juvenile fire setters have been a leading cause of fire within the Fire Department service area. When Blaine adopted this ordinance, we saw a dramatic decrease in juvenile firesetter activity. Since the legalization of fireworks in the State of MN there has been an increase in activity with juvenile firesetters, including an incident in Mounds View in early April involving juveniles and fireworks. This ordinance is not intended to charge children with criminal offenses, but to have a legal means of requiring them to attend life saving education through the Juvenile Firesetter Intervention Education conducted every month by the Juvenile Firesetter Task force at the Lino Lakes Juvenile Detention Center. Section 1002.08 is designed to reduce false alarm responses for both Fire and Police Department. There have been several of these false residential calls, involving both police and fire personnel. Recommendation: If the Council should have any questions about the proposed changes, please contact Kathi Osmonson directly at 763-717-4024 or at 763-286-6268. No action or direction is being requested—the information is being presented to ensure the Council understands the nature and rationale behind the amendments. _____________________________________ James Ericson Interim City Clerk/Administrator _____________________________________ Kathi Osmonson Building Official / Fire Marshal Attachments: 1. Proposed Amendments Ordinance No. _____ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1001, 1002 AND 1006 OF TITLE 1000, BUILDING AND DEVELOPMENT REGULATIONS The Council of the City of Mounds View does hereby ordain: SECTION 1: Section 1001 of the Mounds View Building Code pertaining to the “Building Code” is hereby amended with the proposed additions underlined and the deletions stricken as follows: CHAPTER 1001 BUILDING CODE SECTION: 1001.01: Adoption Of State Building Code 1001.02: Licensing Provisions Permit Requirements 1001.03: Permits and Fees 1001.04: Expiration of Permits 1001.05: Stop Work Orders 1001.06: Penalties 1001.07: Certificate of Occupancy 1001.08: Temporary Certificate of Occupancy 1001.01: ADOPTION OF STATE BUILDING CODE: Subd. 1. Minnesota State Building Code Adopted: There is hereby adopted by Mounds View for the purpose of providing uniform standards to safeguard life or limb, health, property and public welfare by regulating and controlling design, construction, quality of materials, use and occupancy of all buildings and structures, the Minnesota State Building Code, as amended from time to time1. Also adopted by Mounds View is optional Appendix E of the Minnesota State Building Code regarding automatic fire suppression systems. Minnesota State Building Code – Adopted by reference. Minnesota State Building Code Adopted: There is hereby adopted by 1 M.S.A. § 16B.59 et seq. Formatted Mounds View for the purpose of providing uniform standards to safeguard life or limb, health, property and public welfare by regulating and controlling design, construction, quality of materials, use and occupancy of all buildings and structures, the Minnesota State Building Code, as amended from time to time2. Also adopted by Mounds View is optional Appendix E of the Minnesota State Building Code regarding automatic fire suppression systems. A copy of said Building Code is on file in the office of the Clerk-Administrator. (Ord. 343, 6-27-83)The most current edition of the Minnesota State Building Code, as adopted by the commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options 1306.00200 Subpart 2, and 1306.0030 E Option 1. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. A copy of said Building Code is on file in the office of the Clerk-Administrator. (Ord. 343, 6-27-83) Subd. 2. Effective Date: Effective July 1, 1972, all building within the Municipality shall be regulated by current State statutes, as amended from time to time3. (Ord. 521, 11-23-92; 1993 Code) 1001.02: LICENSING PROVISIONS 4: Subd. 1. License Required: Before any person shall engage in the business of doing or performing any of the work set forth in subdivision 2 hereof in the Municipality, said person shall first obtain a City license to do so as more fully provided for in this Chapter. A City license shall not be required if said person is licensed with the State and if said license is valid for the work being performed in Mounds View. A fee for checking the status of the State-issued license may be charged and will be set by resolution. (Ord. 500, 1-13-92) Subd. 2. Work Requiring City License: (Ord. 628, 6-28-99) Asphalt Excavating and filling 3 M.S.A § 16B.59 et seq. 4 See Chapter 1006 of this Title for building permits and fees. Fence installing Gas line installer General construction; commercial contractors and those residential general contractors who do not have a State license (Ord. 628, 6-28-99) Heating, air conditioning, ventilation or refrigeration Masonry Plaster, stucco or lathing Sewer and water (working in street only, State plumbing license covers any work to the property line)5 (Ord. 628, 6-28-99) Sheetrock Sign and billboard 6 (Ord. 628, 6-28-99) Siding (Ord. 521, 11-23-92) Tree trimming and removal (Ord. 558, 4-24-95) Subd. 3. Requirements For License: Each applicant for a license shall satisfy the Council that applicant is competent by reason of education, special training and experience and that applicant is equipped to perform the work for which a license is requested in accordance with all State laws, Municipal ordinances and the Building Code. Subd. 4. Application And Fees: Application for licenses shall be filed with the Clerk-Administrator on the forms furnished by the Municipality. The annual fee for each license shall be as established by resolution, as amended from time to time, by the City Council. Subd. 5. General Contractors: A license granted to a general contractor shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work under the general contract, providing that each person performing such work is in the regular employ of such general contractor and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. 5 See Chapters 906 and 907 of this Code for water and sewer regulations. 6 See Chapter 1008 of this Title for signs and billboards. Subcontractors, who are persons not in the regular employ of a general contractor, shall be required to comply with the Sections of this Code pertaining to license and insurance qualifications for the subcontractor's particular type of work. Subd. 6. Insurance: Any person holding a license shall file with the Clerk- Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days' written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one (1) person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00). Subd. 7. Expiration And Renewal: All licenses shall expire on December 31 following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Persons renewing their licenses after the expiration date shall be charged a full annual license fee. No prorated license fees shall be allowed for renewals. (Ord. 628, 6- 28-99) Subd. 8. Revocation Or Suspension: a. Authority Of Council: The Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Code whose work is found to be improper or defective or so unsafe as to jeopardize life or property, providing the person holding such license is given twenty (20) days' notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the address of the licensee as stated on the application and applicant fails or refuses to appear or respond at the said hearing, the license will be automatically suspended or revoked five (5) days after the date of hearing. b. Suspension: A suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the Council. b. Second Offense: When any person holding a license as provided herein has been convicted for the second time by a court of competent jurisdiction for violation of any of the provisions of this Code, the Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. (1988 Code §60.03) 1001.02 APPLICATION, ADMINISTRATION AND ENFORCEMENT: The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The Minnesota State Certified Building Official designated by City of Mounds View to administer the code shall enforce this code. Subd. 2. 1001.03 PERMITS AND FEES: Subd 1. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, Subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the resolution of the council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Effective Date: Effective July 1, 1972, all building within the Municipality shall be regulated by current State statutes, as amended from time to time7. (Ord. 521, 11-23-92; 1993 Code) The permit fee does not include the cost of any outside expenses the Municipality may incur related to the review, inspection or enforcement of the permit, such as those for soil test, planning, legal or engineering consultants. The owner or agent shall make payment for all such expenses when billed therefore by the Municipality. Subd. 2 Work without Permit: Should any person begin work of any kind such as hereinafter set forth or for which a permit from the Municipality is required by the Building Code without having first secured the necessary permit from the Municipality for so doing, that person shall be subject to a special investigation and fees. Subd. 3 Building and Construction Valuation: Building valuation, for the purpose of establishing building permit fees, shall be as adopted by the City Council by resolution and may be amended from time to time. Valuation for alterations, repairs or extensions shall be determined by the Building Inspector based on Building Inspector's estimate of the materials cost and the labor cost to put the construction in place. (Ord. 508, 4-27-92; 1993 Code) 1001.04 EXPIRATION OF PERMITS 7 M.S.A § 16B.59 et seq. Formatted Shall be in accordance with the Minnesota State Building Code unless other ways specified under the Building Permits and Fees; Development Controls section 1006. 1001.05 STOP WORK ORDERS: Whenever any building work is being done contrary to the provisions of the Building Code, the Building Official may order the work stopped by notice, in writing, served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Inspector to proceed with the work. (Ord. 508, 4-27-92) 1001.06 PENALTIES: Subd. 1 Any person(s), firm or corporation, which shall violate any provisions of this Chapter and/or the Minnesota Sate Building Code, shall be guilty of a misdemeanor. Subd. 2 Each day any such violation shall continue shall constitute a separate offense, unless otherwise specifically provided. 1001.07: CERTIFICATE OF OCCUPANCY: Subd. 1 Residential Certificate of Occupancy shall be granted upon completion of work and final approval by the Building Official. Subd. 2 Commercial Certificate of Occupancy shall be granted in conjunction with the Fire and Building Code Officials only after a fire inspection has been conducted and approved when the business is completely moved in and ready to operate. Subd 3. The exterior of any building shall be completed prior to occupancy of that building. (Ord. 508, 4-27-92) 1001.08: TEMPORARY CERTIFICATE OF OCCUPANCY: Subd. 1 Residential: A Temporary Certificate of Occupancy may be granted prior to sodding or seeding the lawn and finishing the driveway if approved by the Building Official. Subd. 2 Commercial: A temporary certificate of occupancy for not more than 60 days for commercial and industrial applications may be granted prior to the required fire inspection approval. Formatted Formatted Formatted Formatted Formatted Formatted SECTION 2: Chapter 1002 of the Mounds View Building and Development Regulations Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: CHAPTER 1002 FIRE CODE SECTION: 1002.01: Adoption of State Codes 1002.02: Local Fire Regulations 1002.03: Bureau of Fire Prevention; Enforcement of Provisions 1002.04: Permit Fees 1002.05: Appeals Board (Ord. 681, 5-29-01) 1002.06: Penalties 1002.07: Possession of Ignition Devices 1002.08: Residential Alarm Verification 1002.01: ADOPTION OF STATE CODES: Subd. 1. Fire Code: The Minnesota Uniform Fire Code, including amendments in effect and appendices thereto, are hereby adopted as the Fire Code of the City 8. A copy of said Fire Code is on file in the office of the Clerk-- Administrator. The most current edition of the Minnesota State Fire Code, as adopted by the commissioner of Public Safety pursuant to Minnesota State Statutes Chapter 299F.011, including all the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the State Fire Marshal Division is hereby adopted by reference including MN State Amendments H and I. The Minnesota State Fire Code is hereby incorporated in this ordinance as if fully set out herein. Subd. 2. Building Code: All building within the Municipality shall be regulated by current State statutes, as amended from time to time9. (Ord. 496, 11-12-91; 1993 Code) The most current edition of the Minnesota State Building Code, as adopted by the commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options 1306.00200 Subpart 2, and 1306.0030 E Option 1. 8 M.S.A. § 299F.011. 9 M.S.A. § 16B.59 et seq. Formatted 1002.02: LOCAL FIRE REGULATIONS: Article I of the Uniform Fire Code provides the local Fire Chief ability to adopt local fire regulations. The Fire Chief may amend these regulations from time to time as needed. The Minnesota State Fire Code provides the local Fire Chief ability to adopt local fire regulations. The Fire Chief may amend these regulations from time to time as needed. Copies of the regulations are available at City Hall or the Fire Department. (Ord. 681, 5-29- 01) 1002.03: BUREAU OF FIRE PREVENTION; ENFORCEMENT OF PROVISIONS: Subd. 1. Bureau Established; Enforcement of Fire Code: The Minnesota Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department under contract with Mounds View, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. Subd. 2. Inspectors: The Chief of the Fire Department may detail such members of the Fire Department as members of the Bureau of Fire Prevention and as inspectors as shall, from time to time, be necessary. Subd. 1. Enforcement of Fire Code: The Minnesota State Fire Code shall be enforced by the Fire Marshal, who shall be appointed by and operate under the supervision of the Chief of the Fire Department. Subd. 2. Inspectors: The Code Official shall have the authority to appoint a deputy code official, other related technical officers and inspectors as shall, from time to time, be necessary. Subd. 3. Annual Report: A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Council. (Ord. 496, 11-12-91; Ord. 681, 5- 29-01) 1002.04: PERMIT FEES: All Fire Department permit fees shall be set in accordance with a fee schedule adopted by resolution of the City Council. (Ord. 496, 11-12-91) 1002.05: APPEALS BOARD: The Fire Department Board of Directors and the Fire Chief shall act as the local board of appeals with regard to enforcement of this Chapter and the Minnesota Uniform Fire Code. (Ord. 496, 11-12-91; Ord. 681, 5- 29-01) 1002.06: PENALTIES Subd. 1. Any persons, firm or corporation which shall violate any provisions of this chapter and/or the Minnesota Uniform Fire Code shall be guilty of a misdemeanor. Subd. 2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Subd 3. Each day any such violation shall continue shall constitute a separate offense. 1002.07: MINOR POSSESSION OF IGNITION DEVICES PROHIBITED Subd. 1. DEFNITIONS: Ignition device, for the purpose of this Section shall be defined as: a. Matches b. Lighters c. Any other materials when used for purposes of ignition. Subd. 2. PROHIBITIONS: a. No minor may possess any ignition device, unless under the direct supervision of, or with the direct permission of, a parent or legal guardian; b. No person may sell, give, deliver, or make accessible, any ignition device to a minor; and c. No owner of a place of business may make ignition devices accessible to minors at the place of business. Subd. 3. CONFISCATION: Any ignition device possessed by a minor may be confiscated by any peace officer, fire chief or authorized designee of the fire chief. Once confiscated, the ignition device shall become property of the confiscating authority and shall be processed accordingly as evidence in the commission of a crime or made inoperable and disposed of properly. Subd. 4. PENALTIES: a. Any person who shall violate any of the provisions of this Ordinance hereby adopted shall for each and every violation, be punished by a forfeiture of not less than fifty dollars ($50.00) nor more than two-hundred dollars ($200.00) for each offense, plus any costs and surcharges as required by law; and b. In addition to any other penalties provided for in this Code, the Judge of any court of competent jurisdiction may order any person found guilty of violating the ordinance to any educational programs as the Court deems appropriate, and include as part of the penalty therein that such person pay the costs of such educational program. 1002.08: RESIDENTIAL ALARM VERIFICATION: Residential monitoring company shall attempt to contact the homeowner for alarm verification prior to dispatching the police and fire departments. SECTION 3. Chapter 1006 of the Mounds View Building and Development Regulations is hereby amended with the proposed additions underlined and the deletions stricken as follows: CHAPTER 1006 BUILDING PERMITS AND FEES; DEVELOPMENT CONTROLS 10 SECTION: 1006.01: Permit Requirements 1006.02: Permit Fees and Expenses 1006.03: Expiration of Permits; Permit Extensions 1006.04: Occupancy of Building Licensing Provisions 1006.05: Stop Work Orders (Reserved.) 1006.05: Development Controls 1006.06: Violation of Provisions 1006.01: PERMIT REQUIREMENTS: Subd. 1. Permit Required: Before proceeding with the construction, enlargement, alteration, repair, moving, improvement, removal, conversion or demolition of any building or structure, the owner or agent shall first obtain a permit for such purpose from the Building Inspector. Upon the recommendation of the Clerk-Administrator, the Council shall designate all work for which permits shall be required under this provision of the Code. Subd. 2. Exceptions: A building permit and permit fee shall not be required for any work having a valuation less then three hundred fifty dollars ($350.00), except for the following, which will require a permit regardless of the valuation of the work: (Ord. 508, 4-27-92) a. Any proposed work that will create new structural framework, alter existing structural framework or cause the use or occupancy of any existing building. (Ord. 520, 11-23-92) 10 See Section 1001.02 of this Title for licensing provisions for contractors. b. Any proposed fence, as set forth in subdivision 3a(8) below. c. Land alteration impacting the surface drainage system of the City 11. d. Work described in subdivision 3b below which shall require a separate permit, however, a separate permit shall not be required for any work that is included in the valuation declared for obtaining a permit under subdivision 3a below. Subd. 3. Types of Work Requiring a Permit12: a. General Construction: The owner or agent shall first obtain a permit from the Building Inspector Official before proceeding with any of the following work and including work requiring a permit per the current Minnesota State Building Code: (1) Construction, alteration or repair of buildings, structures, footings or foundations. (2) Excavating, grading or filling of any plot or area. (3) Construction of concrete or blacktop sidewalks, driveways or parking lots. (4) Installation of stucco. (5) Reshingling and recovering of any existing building or structure or part thereof. (6) Residing of any building or structure or part thereof. (7) Erection of any platforms or seating in any assembly or open air public assembly. (8) Erection of any fence, regardless of the valuation of the work. The owner shall be responsible for assuring that the location of the fence is confined to the boundaries of owner's property13. (9) Wrecking or tearing down of any building or structure or part thereof. 11 See Chapter 1302 of this Code for surface water drainage regulations. 12 See also Section 1008.02 of this Title, sign permit required. 13 See Section 1103.08 of this Code for fence regulations. (10) Raising or shoring of any building or structure. (11) Moving buildings or structures from one (1) location to another over the streets of the Municipality 14. (12) Moving buildings or structures larger in size than twelve feet (12') high, fourteen feet (14') wide, or twenty five feet (25') long from one (1) location to another over private property without moving over Municipal streets or alleys 15. (13) Construction, reconstruction or repair, of a permanent or temporary nature, of any pipeline transporting any volatile material, including but not limited to crude or refined oil, diesel oil, fuel oil, gasoline or natural gas. A permit for the above defined work may be issued by the City Council only after a public hearing has been held after published notice has been placed in the official newspaper of the City two (2) weeks prior to said hearing. b. Electrical Work: (1) For purposes of interpretation of this Chapter, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations and scope of words and terms used in this Section. (2) The owner or agent shall first obtain a permit from the Electrical Inspector before proceeding with any work involving installation, replacement, alteration or repair of electrical services, including temporary services. (Ord. 508, 4-27-92) 1006.02: PERMIT FEES AND EXPENSES: Subd. 1. Payment of Fees and Expenses: A permit fee, established from time to time by resolution of the Council, shall be paid to the Municipality prior to the issuance of any permit herein prescribed. The permit fee does not include the cost of any outside expenses the Municipality may incur related to the review,. inspection or enforcement of the permit, such as those for soil test, planning, legal or engineering consultants. The owner or agent shall make payment for all such expenses when billed therefor by the Municipality. 14 See Chapter 1007 of this Title for building relocation regulations. 15 See Chapter 1007 of this Title for building relocation regulations. Subd. 2. Work without Permit: Should any person begin work of any kind such as hereinafter set forth or for which a permit from the Municipality is required by the Building Code 16 without having first secured the necessary permit from the Municipality for so doing, that person shall be subject to a special investigation and fees as established by the State Building Code. Subd. 3. Building and Construction Valuation: Building valuation, for the purpose of establishing building permit fees, shall be as adopted by the City Council by resolution and may be amended from time to time. Valuation for alterations, repairs or extensions shall be determined by the Building Inspector based on Building Inspector's estimate of the materials cost and the labor cost to put the construction in place. (Ord. 508, 4-27-92; 1993 Code) 1006.03: EXPIRATION OF PERMITS; PERMIT EXTENSIONS: Subd. 1. Commencement of Work; Lapses in Work: All permits issued shall expire one hundred twenty (120) days after the date of issuance unless work set forth in the application is in actual progress. Any permit issued where work has been commenced but discontinued for one hundred twenty (120) days shall be deemed to have lapsed. All fees paid under a lapsed permit shall be forfeited to the City. Subd. 2. Deadlines: The exterior of s Single- and two-family dwellings shall be completed within one (1) year after the issuance of the building permit. The exterior of a Accessory buildings or alterations or additions to existing single- and two-family dwellings shall be completed within six (6) months after the issuance of the building permit. The Building Inspector, at the time of issuance of a permit for any other type of work, shall establish a reasonable deadline for completion of such work. Subd. 3. Extensions: Any person unable, because of hardship, to complete the work for which the permit was issued within the time allotted under subdivision 2 above shall make an application for extension to the City Building Inspector. The decision of the Building Inspector may be appealed to the City Council. (Ord. 508, 4-27-92) 1006.04: OCCUPANCY OF BUILDING: The exterior of any building shall be completed prior to occupancy of that building. (Ord. 508, 4-27-92) 16 See Chapter 1001 of this Title. 1006.04: LICENSING PROVISIONS17: Subd. 1. License Required: Before any person shall engage in the business of doing or performing any of the work set forth in subdivision 2 hereof in the Municipality, said person shall first obtain a City license to do so as more fully provided for in this Chapter. A City license shall not be required if said person is licensed with the State and if said license is valid for the work being performed in Mounds View. A fee for checking the status of the State-issued license may be charged and will be set by resolution. (Ord. 500, 1-13-92) Subd. 2. Work Requiring City License: (Ord. 628, 6-28-99) Asphalt Excavating and filling Fence installing Gas line installer General construction; commercial contractors and those residential general contractors who do not have a State license (Ord. 628, 6-28-99) Heating, air conditioning, ventilation or refrigeration Masonry Plaster, stucco or lathing Sewer and water (working in street only, State plumbing license covers any work to the property line)18 (Ord. 628, 6-28-99) Sheetrock Sign and billboard 19 (Ord. 628, 6-28-99) Siding (Ord. 521, 11-23-92) Tree trimming and removal (Ord. 558, 4-24-95) 17 See Chapter 1006 of this Title for building permits and fees. 18 See Chapters 906 and 907 of this Code for water and sewer regulations. 19 See Chapter 1008 of this Title for signs and billboards. Subd. 3. Requirements For License: Each applicant for a license shall satisfy the Council that applicant is competent by reason of education, special training and experience and that applicant is equipped to perform the work for which a license is requested in accordance with all State laws, Municipal ordinances and the Building Code. Subd. 4. Application And Fees: Application for licenses shall be filed with the Clerk-Administrator on the forms furnished by the Municipality. The annual fee for each license shall be as established by resolution, as amended from time to time, by the City Council. Subd. 5. General Contractors: A license granted to a general contractor shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work under the general contract, providing that each person performing such work is in the regular employ of such general contractor and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. Subcontractors, who are persons not in the regular employ of a general contractor, shall be required to comply with the Sections of this Code pertaining to license and insurance qualifications for the subcontractor's particular type of work. Subd. 6. Insurance: Any person holding a license shall file with the Clerk- Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days' written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one (1) person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00). Subd. 7. Expiration And Renewal: All licenses shall expire on December 31 following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Persons renewing their licenses after the expiration date shall be charged a full annual license fee. No prorated license fees shall be allowed for renewals. (Ord. 628, 6- 28-99) Subd. 8. Revocation Or Suspension: a. Authority Of Council: The Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Code whose work is found to be improper or defective or so unsafe as to jeopardize life or property, providing the person holding such license is given twenty (20) days' notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the address of the licensee as stated on the application and applicant fails or refuses to appear or respond at the said hearing, the license will be automatically suspended or revoked five (5) days after the date of hearing. b. Suspension: A suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the Council. c. Second Offense: When any person holding a license as provided herein has been convicted for the second time by a court of competent jurisdiction for violation of any of the provisions of this Code, the Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. (1988 Code §60.03) 1006.05: STOP WORK ORDERS: Whenever any building work is being done contrary to the provisions of the Building Code 20, the Building Inspector may order the work stopped by notice, in writing, served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Inspector to proceed with the work. (Ord. 508, 4-27-92) (Reserved.) 1006.06: DEVELOPMENT CONTROLS: Subd. 1. Purpose: It is the intent and purpose of this Section to provide for orderly development of land to safeguard life, health, safety, property and public welfare by regulating and controlling all development within the City. This Section shall be in addition to the requirements of any other provisions of the Municipal Code regulating such development. Subd. 2. Application of Development Controls: All new construction and expansions of existing construction shall be reviewed by the Planning and Zoning Commission and approved by the City Council as conforming to this Section, except as follows: (Ord. 692, 3-25-02) a. Single or two (2)-family dwelling units; (Ord. 692, 3-25-02) b. Accessory structures that meet the requirements of the applicable zoning district; (Ord. 692, 3-25-02) 20 See Chapter 1001 of this title c. Construction activity that increases the gross square footage of the principal building by less than ten percent (10%), provided the area of expansion does not exceed ten thousand (10,000) square feet. (Ord. 692, 3-25-02) Subd. 3. Development Plan: a. The owner or developer shall submit for review a development plan which sets forth plans for utility service, surface water drainage consistent with the Local Water Management Plan dated February 12, 1990 21, subject to subsequent revisions, erosion and sediment control consistent with the Ramsey County Erosion and Sediment Control Handbook (1989) prepared by the Ramsey County Soil and Water Conservation District and subsequent revisions thereto, streets, parking, landscaping, screening and buffering, lighting, setbacks, exterior construction design and materials, trash disposal, construction timetable and such other matters as the Council may require. b. The owner or developer shall submit with the development plan an abstract of title, registered property report or such supporting affidavits or documents that establish ownership or any other parties of interest in the property involved. Subd. 4. Development Contract: a. A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of said land shall be entered into between the developer and the Municipality prior to the final approval of any subdivision, or project that qualifies for a Development Review, as determined by subdivision 2 of this Section. This requirement may be waived by the City Council in the event no public improvements are planned or proposed. (Ord. 692, 3-25-02) b. Before execution of the development contract, the owner or developer shall submit certification from Ramsey County Department of Taxation that all taxes and special assessments due on the property involved have been paid in full. c. Said development contract shall include provisions for supervision of details of construction by the City and grant to the City authority to inspect all work performed pursuant to said contract to assure satisfactory performance and completion of the work. (Ord. 508, 4-27-92) 21 See Chapter 1302 of this Code. 1006.07: VIOLATION OF PROVISIONS: Any person violating the provisions of this Chapter shall be guilty of a misdemeanor. (Ord. 508, 4-27-92) SECTION 4. This ordinance shall take effect thirty (30) days after the date of its publication in the official City newspaper. INTRODUCED AND FIRST READ by the City Council of the City of Mounds View on this _____ day of _________, 2003. READ and ADOPTED by the City Council of the City of Mounds View this ______ day of ________, 2003. Jerry Linke, Mayor ATTEST: __________________________ James Ericson Interim City Administrator Approved as to form: ______________________ Mounds View City Attorney (SEAL) Ordinance No. _____ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1001, 1002 AND 1006 OF TITLE 1000, BUILDING AND DEVELOPMENT REGULATIONS The Council of the City of Mounds View does hereby ordain: SECTION 1: Section 1001 of the Mounds View Building Code pertaining to the “Building Code” is hereby amended with the proposed additions underlined and the deletions stricken as follows: CHAPTER 1001 BUILDING CODE SECTION: 1001.01: Adoption Of State Building Code 1001.02: Licensing Provisions Permit Requirements 1001.03: Permits and Fees 1001.04: Expiration of Permits 1001.05: Stop Work Orders 1001.06: Penalties 1001.07: Certificate of Occupancy 1001.08: Temporary Certificate of Occupancy 1001.01: ADOPTION OF STATE BUILDING CODE: Subd. 1. Minnesota State Building Code Adopted: There is hereby adopted by Mounds View for the purpose of providing uniform standards to safeguard life or limb, health, property and public welfare by regulating and controlling design, construction, quality of materials, use and occupancy of all buildings and structures, the Minnesota State Building Code, as amended from time to time1. Also adopted by Mounds View is optional Appendix E of the Minnesota State Building Code regarding automatic fire suppression systems. Minnesota State Building Code – Adopted by reference. Minnesota State Building Code Adopted: There is hereby adopted by 1 M.S.A. § 16B.59 et seq. Mounds View for the purpose of providing uniform standards to safeguard life or limb, health, property and public welfare by regulating and controlling design, construction, quality of materials, use and occupancy of all buildings and structures, the Minnesota State Building Code, as amended from time to time2. Also adopted by Mounds View is optional Appendix E of the Minnesota State Building Code regarding automatic fire suppression systems. A copy of said Building Code is on file in the office of the Clerk-Administrator. (Ord. 343, 6-27-83)The most current edition of the Minnesota State Building Code, as adopted by the commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options 1306.00200 Subpart 2, and 1306.0030 E Option 1. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. A copy of said Building Code is on file in the office of the Clerk-Administrator. (Ord. 343, 6-27-83) Subd. 2. Effective Date: Effective July 1, 1972, all building within the Municipality shall be regulated by current State statutes, as amended from time to time 3. (Ord. 521, 11-23-92; 1993 Code) 1001.02: LICENSING PROVISIONS4: Subd. 1. License Required: Before any person shall engage in the business of doing or performing any of the work set forth in subdivision 2 hereof in the Municipality, said person shall first obtain a City license to do so as more fully provided for in this Chapter. A City license shall not be required if said person is licensed with the State and if said license is valid for the work being performed in Mounds View. A fee for checking the status of the State-issued license may be charged and will be set by resolution. (Ord. 500, 1-13-92) Subd. 2. Work Requiring City License: (Ord. 628, 6-28-99) Asphalt Excavating and filling 3 M.S.A § 16B.59 et seq. 4 See Chapter 1006 of this Title for building permits and fees. Fence installing Gas line installer General construction; commercial contractors and those residential general contractors who do not have a State license (Ord. 628, 6-28-99) Heating, air conditioning, ventilation or refrigeration Masonry Plaster, stucco or lathing Sewer and water (working in street only, State plumbing license covers any work to the property line)5 (Ord. 628, 6-28-99) Sheetrock Sign and billboard6 (Ord. 628, 6-28-99) Siding (Ord. 521, 11-23-92) Tree trimming and removal (Ord. 558, 4-24-95) Subd. 3. Requirements For License: Each applicant for a license shall satisfy the Council that applicant is competent by reason of education, special training and experience and that applicant is equipped to perform the work for which a license is requested in accordance with all State laws, Municipal ordinances and the Building Code. Subd. 4. Application And Fees: Application for licenses shall be filed with the Clerk-Administrator on the forms furnished by the Municipality. The annual fee for each license shall be as established by resolution, as amended from time to time, by the City Council. Subd. 5. General Contractors: A license granted to a general contractor shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work under the general contract, providing that each person performing such work is in the regular employ of such general contractor and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. 5 See Chapters 906 and 907 of this Code for water and sewer regulations. 6 See Chapter 1008 of this Title for signs and billboards. Subcontractors, who are persons not in the regular employ of a general contractor, shall be required to comply with the Sections of this Code pertaining to license and insurance qualifications for the subcontractor's particular type of work. Subd. 6. Insurance: Any person holding a license shall file with the Clerk- Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days' written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one (1) person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00). Subd. 7. Expiration And Renewal: All licenses shall expire on December 31 following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Persons renewing their licenses after the expiration date shall be charged a full annual license fee. No prorated license fees shall be allowed for renewals. (Ord. 628, 6- 28-99) Subd. 8. Revocation Or Suspension: a. Authority Of Council: The Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Code whose work is found to be improper or defective or so unsafe as to jeopardize life or property, providing the person holding such license is given twenty (20) days' notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the address of the licensee as stated on the application and applicant fails or refuses to appear or respond at the said hearing, the license will be automatically suspended or revoked five (5) days after the date of hearing. b. Suspension: A suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the Council. b. Second Offense: When any person holding a license as provided herein has been convicted for the second time by a court of competent jurisdiction for violation of any of the provisions of this Code, the Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. (1988 Code §60.03) 1001.02 APPLICATION, ADMINISTRATION AND ENFORCEMENT: The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The Minnesota State Certified Building Official designated by City of Mounds View to administer the code shall enforce this code. Subd. 2. 1001.03 PERMITS AND FEES: Subd 1. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, Subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the resolution of the council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Effective Date: Effective July 1, 1972, all building within the Municipality shall be regulated by current State statutes, as amended from time to time7. (Ord. 521, 11-23-92; 1993 Code) The permit fee does not include the cost of any outside expenses the Municipality may incur related to the review, inspection or enforcement of the permit, such as those for soil test, planning, legal or engineering consultants. The owner or agent shall make payment for all such expenses when billed therefore by the Municipality. Subd. 2 Work without Permit: Should any person begin work of any kind such as hereinafter set forth or for which a permit from the Municipality is required by the Building Code without having first secured the necessary permit from the Municipality for so doing, that person shall be subject to a special investigation and fees. Subd. 3 Building and Construction Valuation: Building valuation, for the purpose of establishing building permit fees, shall be as adopted by the City Council by resolution and may be amended from time to time. Valuation for alterations, repairs or extensions shall be determined by the Building Inspector based on Building Inspector's estimate of the materials cost and the labor cost to put the construction in place. (Ord. 508, 4-27-92; 1993 Code) 1001.04 EXPIRATION OF PERMITS 7 M.S.A § 16B.59 et seq. Shall be in accordance with the Minnesota State Building Code unless other ways specified under the Building Permits and Fees; Development Controls section 1006. 1001.05 STOP WORK ORDERS: Whenever any building work is being done contrary to the provisions of the Building Code, the Building Official may order the work stopped by notice, in writing, served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Inspector to proceed with the work. (Ord. 508, 4-27-92) 1001.06 PENALTIES: Subd. 1 Any person(s), firm or corporation, which shall violate any provisions of this Chapter and/or the Minnesota Sate Building Code, shall be guilty of a misdemeanor. Subd. 2 Each day any such violation shall continue shall constitute a separate offense, unless otherwise specifically provided. 1001.07: CERTIFICATE OF OCCUPANCY: Subd. 1 Residential Certificate of Occupancy shall be granted upon completion of work and final approval by the Building Official. Subd. 2 Commercial Certificate of Occupancy shall be granted in conjunction with the Fire and Building Code Officials only after a fire inspection has been conducted and approved when the business is completely moved in and ready to operate. Subd 3. The exterior of any building shall be completed prior to occupancy of that building. (Ord. 508, 4-27-92) 1001.08: TEMPORARY CERTIFICATE OF OCCUPANCY: Subd. 1 Residential: A Temporary Certificate of Occupancy may be granted prior to sodding or seeding the lawn and finishing the driveway if approved by the Building Official. Subd. 2 Commercial: A temporary certificate of occupancy for not more than 60 days for commercial and industrial applications may be granted prior to the required fire inspection approval. SECTION 2: Chapter 1002 of the Mounds View Building and Development Regulations Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: CHAPTER 1002 FIRE CODE SECTION: 1002.01: Adoption of State Codes 1002.02: Local Fire Regulations 1002.03: Bureau of Fire Prevention; Enforcement of Provisions 1002.04: Permit Fees 1002.05: Appeals Board (Ord. 681, 5-29-01) 1002.06: Penalties 1002.07: Possession of Ignition Devices 1002.08: Residential Alarm Verification 1002.01: ADOPTION OF STATE CODES: Subd. 1. Fire Code: The Minnesota Uniform Fire Code, including amendments in effect and appendices thereto, are hereby adopted as the Fire Code of the City 8. A copy of said Fire Code is on file in the office of the Clerk-- Administrator. The most current edition of the Minnesota State Fire Code, as adopted by the commissioner of Public Safety pursuant to Minnesota State Statutes Chapter 299F.011, including all the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the State Fire Marshal Division is hereby adopted by reference including MN State Amendments H and I. The Minnesota State Fire Code is hereby incorporated in this ordinance as if fully set out herein. Subd. 2. Building Code: All building within the Municipality shall be regulated by current State statutes, as amended from time to time 9. (Ord. 496, 11-12-91; 1993 Code) The most current edition of the Minnesota State Building Code, as adopted by the commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options 1306.00200 Subpart 2, and 1306.0030 E Option 1. 8 M.S.A. § 299F.011. 9 M.S.A. § 16B.59 et seq. 1002.02: LOCAL FIRE REGULATIONS: Article I of the Uniform Fire Code provides the local Fire Chief ability to adopt local fire regulations. The Fire Chief may amend these regulations from time to time as needed. The Minnesota State Fire Code provides the local Fire Chief ability to adopt local fire regulations. The Fire Chief may amend these regulations from time to time as needed. Copies of the regulations are available at City Hall or the Fire Department. (Ord. 681, 5-29- 01) 1002.03: BUREAU OF FIRE PREVENTION; ENFORCEMENT OF PROVISIONS: Subd. 1. Bureau Established; Enforcement of Fire Code: The Minnesota Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department under contract with Mounds View, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. Subd. 2. Inspectors: The Chief of the Fire Department may detail such members of the Fire Department as members of the Bureau of Fire Prevention and as inspectors as shall, from time to time, be necessary. Subd. 1. Enforcement of Fire Code: The Minnesota State Fire Code shall be enforced by the Fire Marshal, who shall be appointed by and operate under the supervision of the Chief of the Fire Department. Subd. 2. Inspectors: The Code Official shall have the authority to appoint a deputy code official, other related technical officers and inspectors as shall, from time to time, be necessary. Subd. 3. Annual Report: A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Council. (Ord. 496, 11-12-91; Ord. 681, 5- 29-01) 1002.04: PERMIT FEES: All Fire Department permit fees shall be set in accordance with a fee schedule adopted by resolution of the City Council. (Ord. 496, 11-12-91) 1002.05: APPEALS BOARD: The Fire Department Board of Directors and the Fire Chief shall act as the local board of appeals with regard to enforcement of this Chapter and the Minnesota Uniform Fire Code. (Ord. 496, 11-12-91; Ord. 681, 5- 29-01) 1002.06: PENALTIES Subd. 1. Any persons, firm or corporation which shall violate any provisions of this chapter and/or the Minnesota Uniform Fire Code shall be guilty of a misdemeanor. Subd. 2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Subd 3. Each day any such violation shall continue shall constitute a separate offense. 1002.07: MINOR POSSESSION OF IGNITION DEVICES PROHIBITED Subd. 1. DEFNITIONS: Ignition device, for the purpose of this Section shall be defined as: a. Matches b. Lighters c. Any other materials when used for purposes of ignition. Subd. 2. PROHIBITIONS: a. No minor may possess any ignition device, unless under the direct supervision of, or with the direct permission of, a parent or legal guardian; b. No person may sell, give, deliver, or make accessible, any ignition device to a minor; and c. No owner of a place of business may make ignition devices accessible to minors at the place of business. Subd. 3. CONFISCATION: Any ignition device possessed by a minor may be confiscated by any peace officer, fire chief or authorized designee of the fire chief. Once confiscated, the ignition device shall become property of the confiscating authority and shall be processed accordingly as evidence in the commission of a crime or made inoperable and disposed of properly. Subd. 4. PENALTIES: a. Any person who shall violate any of the provisions of this Ordinance hereby adopted shall for each and every violation, be punished by a forfeiture of not less than fifty dollars ($50.00) nor more than two-hundred dollars ($200.00) for each offense, plus any costs and surcharges as required by law; and b. In addition to any other penalties provided for in this Code, the Judge of any court of competent jurisdiction may order any person found guilty of violating the ordinance to any educational programs as the Court deems appropriate, and include as part of the penalty therein that such person pay the costs of such educational program. 1002.08: RESIDENTIAL ALARM VERIFICATION: Residential monitoring company shall attempt to contact the homeowner for alarm verification prior to dispatching the police and fire departments. SECTION 3. Chapter 1006 of the Mounds View Building and Development Regulations is hereby amended with the proposed additions underlined and the deletions stricken as follows: CHAPTER 1006 BUILDING PERMITS AND FEES; DEVELOPMENT CONTROLS 10 SECTION: 1006.01: Permit Requirements 1006.02: Permit Fees and Expenses 1006.03: Expiration of Permits; Permit Extensions 1006.04: Occupancy of Building Licensing Provisions 1006.05: Stop Work Orders (Reserved.) 1006.05: Development Controls 1006.06: Violation of Provisions 1006.01: PERMIT REQUIREMENTS: Subd. 1. Permit Required: Before proceeding with the construction, enlargement, alteration, repair, moving, improvement, removal, conversion or demolition of any building or structure, the owner or agent shall first obtain a permit for such purpose from the Building Inspector. Upon the recommendation of the Clerk-Administrator, the Council shall designate all work for which permits shall be required under this provision of the Code. Subd. 2. Exceptions: A building permit and permit fee shall not be required for any work having a valuation less then three hundred fifty dollars ($350.00), except for the following, which will require a permit regardless of the valuation of the work: (Ord. 508, 4-27-92) a. Any proposed work that will create new structural framework, alter existing structural framework or cause the use or occupancy of any existing building. (Ord. 520, 11-23-92) 10 See Section 1001.02 of this Title for licensing provisions for contractors. b. Any proposed fence, as set forth in subdivision 3a(8) below. c. Land alteration impacting the surface drainage system of the City11. d. Work described in subdivision 3b below which shall require a separate permit, however, a separate permit shall not be required for any work that is included in the valuation declared for obtaining a permit under subdivision 3a below. Subd. 3. Types of Work Requiring a Permit 12: a. General Construction: The owner or agent shall first obtain a permit from the Building Inspector Official before proceeding with any of the following work and including work requiring a permit per the current Minnesota State Building Code: (1) Construction, alteration or repair of buildings, structures, footings or foundations. (2) Excavating, grading or filling of any plot or area. (3) Construction of concrete or blacktop sidewalks, driveways or parking lots. (4) Installation of stucco. (5) Reshingling and recovering of any existing building or structure or part thereof. (6) Residing of any building or structure or part thereof. (7) Erection of any platforms or seating in any assembly or open air public assembly. (8) Erection of any fence, regardless of the valuation of the work. The owner shall be responsible for assuring that the location of the fence is confined to the boundaries of owner's property13. (9) Wrecking or tearing down of any building or structure or part thereof. 11 See Chapter 1302 of this Code for surface water drainage regulations. 12 See also Section 1008.02 of this Title, sign permit required. 13 See Section 1103.08 of this Code for fence regulations. (10) Raising or shoring of any building or structure. (11) Moving buildings or structures from one (1) location to another over the streets of the Municipality14. (12) Moving buildings or structures larger in size than twelve feet (12') high, fourteen feet (14') wide, or twenty five feet (25') long from one (1) location to another over private property without moving over Municipal streets or alleys15. (13) Construction, reconstruction or repair, of a permanent or temporary nature, of any pipeline transporting any volatile material, including but not limited to crude or refined oil, diesel oil, fuel oil, gasoline or natural gas. A permit for the above defined work may be issued by the City Council only after a public hearing has been held after published notice has been placed in the official newspaper of the City two (2) weeks prior to said hearing. b. Electrical Work: (1) For purposes of interpretation of this Chapter, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations and scope of words and terms used in this Section. (2) The owner or agent shall first obtain a permit from the Electrical Inspector before proceeding with any work involving installation, replacement, alteration or repair of electrical services, including temporary services. (Ord. 508, 4-27-92) 1006.02: PERMIT FEES AND EXPENSES: Subd. 1. Payment of Fees and Expenses: A permit fee, established from time to time by resolution of the Council, shall be paid to the Municipality prior to the issuance of any permit herein prescribed. The permit fee does not include the cost of any outside expenses the Municipality may incur related to the review,. inspection or enforcement of the permit, such as those for soil test, planning, legal or engineering consultants. The owner or agent shall make payment for all such expenses when billed therefor by the Municipality. 14 See Chapter 1007 of this Title for building relocation regulations. 15 See Chapter 1007 of this Title for building relocation regulations. Subd. 2. Work without Permit: Should any person begin work of any kind such as hereinafter set forth or for which a permit from the Municipality is required by the Building Code16 without having first secured the necessary permit from the Municipality for so doing, that person shall be subject to a special investigation and fees as established by the State Building Code. Subd. 3. Building and Construction Valuation: Building valuation, for the purpose of establishing building permit fees, shall be as adopted by the City Council by resolution and may be amended from time to time. Valuation for alterations, repairs or extensions shall be determined by the Building Inspector based on Building Inspector's estimate of the materials cost and the labor cost to put the construction in place. (Ord. 508, 4-27-92; 1993 Code) 1006.03: EXPIRATION OF PERMITS; PERMIT EXTENSIONS: Subd. 1. Commencement of Work; Lapses in Work: All permits issued shall expire one hundred twenty (120) days after the date of issuance unless work set forth in the application is in actual progress. Any permit issued where work has been commenced but discontinued for one hundred twenty (120) days shall be deemed to have lapsed. All fees paid under a lapsed permit shall be forfeited to the City. Subd. 2. Deadlines: The exterior of s Single- and two-family dwellings shall be completed within one (1) year after the issuance of the building permit. The exterior of a Accessory buildings or alterations or additions to existing single- and two-family dwellings shall be completed within six (6) months after the issuance of the building permit. The Building Inspector, at the time of issuance of a permit for any other type of work, shall establish a reasonable deadline for completion of such work. Subd. 3. Extensions: Any person unable, because of hardship, to complete the work for which the permit was issued within the time allotted under subdivision 2 above shall make an application for extension to the City Building Inspector. The decision of the Building Inspector may be appealed to the City Council. (Ord. 508, 4-27-92) 1006.04: OCCUPANCY OF BUILDING: The exterior of any building shall be completed prior to occupancy of that building. (Ord. 508, 4-27-92) 16 See Chapter 1001 of this Title. 1006.04: LICENSING PROVISIONS17: Subd. 1. License Required: Before any person shall engage in the business of doing or performing any of the work set forth in subdivision 2 hereof in the Municipality, said person shall first obtain a City license to do so as more fully provided for in this Chapter. A City license shall not be required if said person is licensed with the State and if said license is valid for the work being performed in Mounds View. A fee for checking the status of the State-issued license may be charged and will be set by resolution. (Ord. 500, 1-13-92) Subd. 2. Work Requiring City License: (Ord. 628, 6-28-99) Asphalt Excavating and filling Fence installing Gas line installer General construction; commercial contractors and those residential general contractors who do not have a State license (Ord. 628, 6-28-99) Heating, air conditioning, ventilation or refrigeration Masonry Plaster, stucco or lathing Sewer and water (working in street only, State plumbing license covers any work to the property line)18 (Ord. 628, 6-28-99) Sheetrock Sign and billboard19 (Ord. 628, 6-28-99) Siding (Ord. 521, 11-23-92) Tree trimming and removal (Ord. 558, 4-24-95) 17 See Chapter 1006 of this Title for building permits and fees. 18 See Chapters 906 and 907 of this Code for water and sewer regulations. 19 See Chapter 1008 of this Title for signs and billboards. Subd. 3. Requirements For License: Each applicant for a license shall satisfy the Council that applicant is competent by reason of education, special training and experience and that applicant is equipped to perform the work for which a license is requested in accordance with all State laws, Municipal ordinances and the Building Code. Subd. 4. Application And Fees: Application for licenses shall be filed with the Clerk-Administrator on the forms furnished by the Municipality. The annual fee for each license shall be as established by resolution, as amended from time to time, by the City Council. Subd. 5. General Contractors: A license granted to a general contractor shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work under the general contract, providing that each person performing such work is in the regular employ of such general contractor and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. Subcontractors, who are persons not in the regular employ of a general contractor, shall be required to comply with the Sections of this Code pertaining to license and insurance qualifications for the subcontractor's particular type of work. Subd. 6. Insurance: Any person holding a license shall file with the Clerk- Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days' written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one (1) person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00). Subd. 7. Expiration And Renewal: All licenses shall expire on December 31 following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Persons renewing their licenses after the expiration date shall be charged a full annual license fee. No prorated license fees shall be allowed for renewals. (Ord. 628, 6- 28-99) Subd. 8. Revocation Or Suspension: a. Authority Of Council: The Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Code whose work is found to be improper or defective or so unsafe as to jeopardize life or property, providing the person holding such license is given twenty (20) days' notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the address of the licensee as stated on the application and applicant fails or refuses to appear or respond at the said hearing, the license will be automatically suspended or revoked five (5) days after the date of hearing. b. Suspension: A suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the Council. c. Second Offense: When any person holding a license as provided herein has been convicted for the second time by a court of competent jurisdiction for violation of any of the provisions of this Code, the Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. (1988 Code §60.03) 1006.05: STOP WORK ORDERS: Whenever any building work is being done contrary to the provisions of the Building Code 20, the Building Inspector may order the work stopped by notice, in writing, served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Inspector to proceed with the work. (Ord. 508, 4-27-92) (Reserved.) 1006.06: DEVELOPMENT CONTROLS: Subd. 1. Purpose: It is the intent and purpose of this Section to provide for orderly development of land to safeguard life, health, safety, property and public welfare by regulating and controlling all development within the City. This Section shall be in addition to the requirements of any other provisions of the Municipal Code regulating such development. Subd. 2. Application of Development Controls: All new construction and expansions of existing construction shall be reviewed by the Planning and Zoning Commission and approved by the City Council as conforming to this Section, except as follows: (Ord. 692, 3-25-02) a. Single or two (2)-family dwelling units; (Ord. 692, 3-25-02) b. Accessory structures that meet the requirements of the applicable zoning district; (Ord. 692, 3-25-02) 20 See Chapter 1001 of this title c. Construction activity that increases the gross square footage of the principal building by less than ten percent (10%), provided the area of expansion does not exceed ten thousand (10,000) square feet. (Ord. 692, 3-25-02) Subd. 3. Development Plan: a. The owner or developer shall submit for review a development plan which sets forth plans for utility service, surface water drainage consistent with the Local Water Management Plan dated February 12, 199021, subject to subsequent revisions, erosion and sediment control consistent with the Ramsey County Erosion and Sediment Control Handbook (1989) prepared by the Ramsey County Soil and Water Conservation District and subsequent revisions thereto, streets, parking, landscaping, screening and buffering, lighting, setbacks, exterior construction design and materials, trash disposal, construction timetable and such other matters as the Council may require. b. The owner or developer shall submit with the development plan an abstract of title, registered property report or such supporting affidavits or documents that establish ownership or any other parties of interest in the property involved. Subd. 4. Development Contract: a. A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of said land shall be entered into between the developer and the Municipality prior to the final approval of any subdivision, or project that qualifies for a Development Review, as determined by subdivision 2 of this Section. This requirement may be waived by the City Council in the event no public improvements are planned or proposed. (Ord. 692, 3-25-02) b. Before execution of the development contract, the owner or developer shall submit certification from Ramsey County Department of Taxation that all taxes and special assessments due on the property involved have been paid in full. c. Said development contract shall include provisions for supervision of details of construction by the City and grant to the City authority to inspect all work performed pursuant to said contract to assure satisfactory performance and completion of the work. (Ord. 508, 4-27-92) 21 See Chapter 1302 of this Code. 1006.07: VIOLATION OF PROVISIONS: Any person violating the provisions of this Chapter shall be guilty of a misdemeanor. (Ord. 508, 4-27-92) SECTION 4. This ordinance shall take effect thirty (30) days after the date of its publication in the official City newspaper. INTRODUCED AND FIRST READ by the City Council of the City of Mounds View on this _____ day of _________, 2003. READ and ADOPTED by the City Council of the City of Mounds View this ______ day of ________, 2003. Jerry Linke, Mayor ATTEST: __________________________ James Ericson Interim City Administrator Approved as to form: ______________________ Mounds View City Attorney (SEAL) Item No. 3 Type of Business: WS Meeting Date: May 5, 2003 City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Subject: Golf Car Lease vs. Purchase Background The Bridges has the need for additional golf cars to meet rental demand. Historically the City has leased additional golf cars for the busy months of the season. Discussion The Bridges Golf Course presently owns ten rental golf cars. In previous golf seasons, it has been required to lease additional cars to accommodate the demand. The revenue generated from the rental of golf cars has been approximately $30,000; or an average of $18 per car, per day. The Bridges Golf Course has leased four addition cars from Midwest Golf Car, Inc. on a seasonal basis for 4.5 months. The rates are based on the length of the lease. The monthly lease fee decreases as the length of the lease is extended. Additional saving is available by the extension of the agreement to multiple years. Lease fees are attached as Exhibit A. The Bridges Golf Course rental car fleet is several years old and a long-term replacement plan should be considered. The average length of service for a golf car is considered 8 years for an 18-hole course. The City of Mounds View will be establishing a fleet plan in the next budget cycle. Information regarding continued lease verses the estimates for car replacement is included in this report. The estimated purchase price for a golf car is $3500. A plan is available with financing at 4.5% over five years. Payments are deferred six months of each year. Minimums of five cars are required to receive this plan. Information for the consideration of the purchase of new carts opposed to continuing to lease is attached as Exhibit B. A minimum three-year lease is advised should the City Council determine to continue a lease program. The golf course will realize two additional months per year at a lower annual cost than the golf course has historically paid for a four-month lease. Obviously any additional rentals during the addition month would be 100% extra revenue. The use of leased cars prior to using city owned cars would also save on the addition of wear to our own fleet during those months, as the leased cart would be first to be used. This would add additional life span to the fleet of vehicles. The attached are lease rates as Exhibit A; purchase rates as Exhibit B. Summary The City of Mounds View has leased four cars for the cost of $2632 annually. The City could purchase five new replacement golf cars for an annual payment of an estimated $3810 annually, thus eliminating the need to lease additional cars. Golf Car Midwest provides a payment program financed at 4.5% over five years with six month deferred billing. The Bridges would have access to golf cars for the full length of the golf season. Purchasing cars for replacement would be an increase of $1200 annually over the cost of leasing four cars for four and a half months. Purchase would end the need for leasing cars on an annual basis. This would also allow the fleet to be managed so that the Golf Course would not need to incur an expenditure of $35,000 in replacement cost plus continues expenditures of $2600 per year. The additional fifth golf car for 4.5 months will generate $2430 if rented our average of 1.5 times per day. The course would have additional revenue by the 15 carts being available during the all months of the golf season. Revenue of $48,600 or an increase of $18,000 per year potentially could be generated at the average of $18 or 1.5 rentals of each car. The golf cars would be replaced on a basis of 15-year rotation. However, the cars that we currently have would be used up to 19 years under this plan. Recommendation Option1: Council authorize staff to obtain quotes for the purchase of golf cars and discontinue lease of golf cars annually. Option 2: Should council determine to continue to lease rather than purchase, extend the lease to a three-year agreement for the lower rate. Respectfully Submitted, Mary Burg, Golf Course Manager EXHIBIT A GOLF CAR LEASE Length of Lease Month (41/2 Months) Five Month Six Month Six Month with Three year Agreement 4 Car minimum Cost Per Car Per Month $130 $120 $110 $100 Number of Rental Rounds Required to Breakeven 10.83 10 9.1 8.3 Monthly Expense4-car $520 $480 $440 $400 Number of Rental Rounds Required to Breakeven (four- Car Lease) 43 40 37 33 Number of Rentals Required to Breakeven per Car 10.83 10 9.1 8.3 Breakeven X/Annually Rental 219.4 200 220 200 Annual Expense $2632.50 $2400.00 $2640.00 $2400.00 * Based on $12.00 per rental EXHIBIT B GOLF CAR PURCHASE Based on 15 year Depreciation Schedule Price Per Car Monthly Per Car Annual Breakeven Rentals Per Year Purchase Price (Based on estimate for Yamaha gas powered car. 8 year depreciation Is considered average by industry standards.) $3500 $127 (Based on 6 Months with deferred billing) $635 (6 Months per year for five years) 291 (Lifetime) Annual Fleet Management Cost $3810 Change from Lease +$1178 Financing Cost $310 Cost per Car $233 VGM Discount $35/ car REVENUE INCREASE $18,600 POTENCIAL REVENUE $500- $1100 (Trade in or resale of used cars) $48,600 Item No. 4 Meeting Date: May 5, 2003 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; EDA: EDA Business Mounds View City Council Staff Report To: Mounds View City Council From: Aaron Backman, Economic Development Coordinator Item Title/Subject: County Road H2 Residential Development Date of Report: May 1, 2003 SUMMARY During 2001 City staff promoted a residential buildout project in the southwest corner of the City of Mounds View. Correspondence was sent to all property owners in an area bounded by County Road H2, Pleasant View Dr., Knollwood Dr., and Woodale Drive. Residents were invited to a meeting to discuss potential housing development in the area (eg. condos, attached townhomes, single family units) and were asked if they were interested in subdividing their property for inclusion in the project. The majority indicated that they wanted no development to occur and were not interested in subdividing the large lots. A smaller number were open to development if it was limited to single family homes. Currently the City of Mounds View owns or controls approximately 6.5 acres in the north central portion of the block. During February, one of the property owners, Blaine Fyksen, has expressed a willingness to sell his property to the City. Mr. Fyksen owns three parcels (totaling 4.6 acres) that border the City’s property to the west (See attached map). He does not want to see high-density residential development in the area, but would be willing to sell if the property would be developed for high-end homes (approx. $450-500,000 each). At the March 24th EDA meeting the members considered three financing options that could be considered for developing the Fyksen property: 1) Use Tax Increment Financing (TIF) to acquire the Fyksen parcels. 2) Use Special Projects/HRA funds to acquire the Fyksen parcels. 3) Find a private developer that would acquire both the City’s and Fyksen property. The preference of the EDA was to pursue option number three. Since the March EDA meeting Backman has approached five developers regarding the potential residential buildout project in Mounds View. They are Nedegaard Custom Homes (Columbia Hts.), Pro Craft Homes (Vadnais Hts.), Dave Regel Construction (Spring Lake Park), Homes by James (Lino Lakes), Heritage Development (St. Paul). All have experience in building executive homes and have expressed an interest in submitting concept plans to the City. Respectfully submitted, ____________________________ Aaron Backman Economic Development Coordinator Item No. 5 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Pavement Management Program Developing the 2004 Street Improvement Project Meeting Date: May 5, 2003 Background: On April 28, 2003 the City Council requested to add the Pavement Management Program to the May 5, 2003 Work Session. Specifically, the Council wanted to discuss the development of the 2004 Street Improvement Project. Discussion: The first step in developing a long-range street major maintenance program is to perform an evaluation on the existing City streets. The last time this was performed in Mounds View was 1999. In an effort to have a project ready for accepting bids and awarding a contract in the spring of 2004, the City must define the scope of the project in the next few months. Given this, there isn’t enough time to re-evaluate the streets and perform a detailed analysis. Also, given the fact that most all streets in Mounds View will need to be reconstructed as opposed to some other maintenance technique being applied, it is prudent to utilize the 1999 data to develop the scope of a project for 2004. Attached are two documents developed in 1998/99 to assist the City in developing a long-range street major maintenance program. One document is a color map of the City showing possible project areas. The second document is a spread sheet of data that correlates to the colored areas on the map. Recommendation: Staff is looking for direction from the City Council pertaining to this matter. Specifically, Staff is looking for direction regarding which street segments or area of the City the City Council wishes to investigate as potential segments to be included in the 2004 Street Improvement Project. Respectfully Submitted, Greg Lee, Director of Public Works Item No. 6 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: County Road H Sidewalk Improvements – from Edgewood Drive to the West City Limits Introduction of a Draft Feasibility Report Meeting Date: May 5, 2003 Background In response to a projected budget shortfall in 2002-2003, the Mounds View School District revised its transportation policy on April 11, 2002. The new policy includes a transportation fee for students residing within two miles of their respective schools. To address the increased number of students that now walk to school, the City Council wanted to explore the cost of providing a pathway on the north side of County Road H. On January 27, 2003, the City Council approved the execution of a supplemental letter of agreement with Short, Elliott, Hendrickson Inc. and authorized the preparation of a Preliminary Feasibility Report and Plans and Specifications for a pathway on County Road H from Edgewood Drive to the west City limits. Discussion A draft feasibility report has been completed. This draft report is attached for Council’s review. The right-of-way along this segment of County Road H is limited and the boulevard is littered with obstructions. For this reason, three pathway cross sections that were considered in the draft report: Scenario 1 – Five (5) foot concrete walkway Scenario 2 – Six and one-half (6 ½) foot concrete walkway Scenario 3 – Eight (8) foot bituminous pathway Scenario 1– Five (5) foot concrete walkway A five (5) foot concrete walkway is fairly typical. It is the cross section chosen by New Brighton on the south side of County Road H. It offers the capability of being installed in areas where space is at a minimum. It also offers the longevity of concrete. Drawbacks are the initial costs and the fact that the City of Mounds View currently does not have a piece of equipment for snow removal from this narrow of a walkway. Scenario 2 – Six and one-half (6 ½) foot concrete walkway This has the same advantages as a five (5) foot concrete walkway. In addition, the City can use existing equipment to remove snow. However, the 6 ½ foot width requires more boulevard space and costs more. Scenario 3 – Eight (8) foot bituminous pathway An eight (8) foot bituminous pathway has a lower initial cost. However it has higher long-term maintenance costs and requires a significant amount of boulevard space. The cost estimates for the three scenarios are given in the report. These figures are higher than those given in a staff report dated January 27, 2003 illustrated below: Edge to Silver Lk Silver Lk to city limits Total 1.) 5’ concrete $130,826 $89,870 $220,696 2.) 6 ½’ concrete $154,518 $102,339 $256,857 3.) 8’bituminous $115,755 $81,938 $197,693 4.) 10’bituminous $131,729 $90,345 $222,074 As stated in the January 27th Staff Report “these are very rough approximations at this time. With a project of this nature, it is difficult to develop accurate cost figures without all the data being collected. An important piece of data that must be collected is a survey, which will help determine the impacts of the pathway and help to develop plans.” The survey indicated that additional retaining walls were needed and power pole to be relocated. These items account for most of the increase. As stated in the draft repot, a funding source will need to be identified to finance this project. TIF or the Special Project Fund are possible sources. However according to City Code, assessing for this project does not appear to be an option. Since the sidewalk was not “requested “ by the property owners Section 202.09 c. Sidewalk: Sidewalk improvements may be done in conjunction with a street reconstruction or as a separate project. In any event, sidewalks requested that are not included in the City's sidewalk and trail plan shall be recovered by assessing twenty five percent (25%) to the affected property owners and the remainder paid by the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. Sidewalks are generally installed on the City's major streets or in accordance with the City's sidewalk and trail plan, which will connect several neighborhoods and community attractions in a logical pattern; these improvements will not be assessed to the abutting properties. (Ord. 654, 2-14-00) Should the City Council wish to proceed with this project, Staff is looking for direction as to:  What scenario they prefer  Where the pathway / sidewalk should terminate (Silver Lake Road or the West City Limits)  What will be the funding source Should the Council wish to proceed, Staff will conduct a neighborhood meeting in an effort to solicit public input. Staff will also meet with and discuss this project with other governmentl agencies such as Ramsey County and the Watershed District. This data will then be incorporated in to the report and presented to the City Council for approval. Once the feasibility report and plans and specifications have been approved, the next step will be to order the project. This would become part the 2003 Pathway Project. Other pathway segments as directed by City Council may be added prior to soliciting bids and awarding a contract. Recommendation: Staff is looking for direction from the City Council pertaining to this matter. Specifically, Staff is looking for direction regarding if the City Council wishes to proceed with this project and if so what scenario do they prefer, where the pathway / sidewalk should terminate, and what will be the funding source. Respectfully Submitted, Greg Lee, Director of Public Works Item No. 9 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Recyclable Material Collection Contractual Service Meeting Date: May 5, 2003 Background There are two options a city has when setting up a collection system for recyclable materials: • Require that the company that provides garbage hauling to a particular property to also provide collection of recyclable materials • Create a City operated contractual service All seventeen (17) cities in Ramsey County except Mounds View and St. Anthony, a third of which is in Ramsey County, have organized collection for recycling. Nine cities have contracts that include all households: St. Paul, Shoreview, Maplewood, White Bear Township, Falcon Heights, Lauderdale, North Oaks, Gem Lake, and Roseville. Vadnais Heights includes all households up to 8-plex; the larger buildings are all served by the private haulers chosen by the building management. Four cities only include up to 4-plexes in their contracts: Arden Hills, New Brighton, White Bear Lake, and North St. Paul. Little Canada includes only single-family and duplexes in their contract. Discussion: As per the conditions of the SCORE Grant, Staff must submit recycling tonnage reports, on a bi-annual basis, to Ramsey County, Environmental Division. These reports summarize what materials are being recycled and the quantities of each. Obtaining recycling reports from the haulers can be laborious and often, haulers have different definitions of each recyclable and calculations of tonnages can be misreported, therefore the reports may be inaccurate. Also as part of the SCORE Grant agreement, the City must ensure that multi- family dwellings have the opportunity to recycle; the City does not have anything in place for this requirement. Currently, as a requirement of the hauler’s yearly license in Mounds View, they must provide recycling services IF the resident/owner chooses to do so. Obviously, if the owner of a multi-dwelling does not want to recycle, it is not provided. Due to the current system, the City of Mounds View is not in compliance with the requirements of the SCORE grant. To correct this, the City has two options: Option 1 Continue as is and require that the company that provides garbage hauling to a particular property to also provide collection of recyclable materials. In addition, the City would require owners of all multi-dwelling unit buildings to offer recycling to the occupants of their buildings. This would be done through the annual license the City grants to such properties to operate. Some of the drawbacks from this option are that owners of such properties will see this as another expenditure required by the City. It will also NOT address the issue of collecting reports from several different haulers and the inaccuracies of these reports due to the different definitions of each recyclable and calculations of tonnages. Option 2 Contract for recycling services. Ramsey County has hired R.W. Beck, Inc., a consulting firm, to assist cities in redefining or improving their recycling programs; Ramsey County has put the City of Mounds View on the top of the list. If the City Council chooses to go with a citywide contract for recycling, Mary Chamberlain from R.W. Beck, inc., will assist Staff in compiling a request for proposal (RFP) as well as assist the City in developing a contract. Staff has been conversing with Dan Donkers, Ramsey County Environmental Division, regarding the City’s current situation and he has offered the following information. “Here are some of the benefits I would encourage the City to consider when looking at the issue of contracting recycling services: • Assured standard level of service for all households served by the contract • Allows for standardizing public education materials • Less confusing for residents; same service throughout the city • Consistency tends to encourage greater participation • Greater cost efficiencies through economies of scale, such as lower cost of collection through higher density of stops • Much easier to track participation and tonnages of materials collected • Much easier to monitor performance of service provider, assure marketing of materials • Greater leverage to assure quality customer service; contracts can be very specific about service standards and include liquidated damages for failure to meet them (such as missed stops, inadequate reporting, littering, excessive complaints, etc.) • Opens potential for revenue sharing from sale of recyclables • Control over pricing of service to residents • Can make it easier to change program You asked whether having a contract for recycling service would put the City into compliance with the requirements in the SCORE agreement to assure recycling services are provided to all residents. Just having the contract does not mean the City is in compliance. However, having a contract makes it much easier to demonstrate compliance with this requirement. You would likely have one vendor, which makes monitoring performance much easier than monitoring several haulers. You would likely have an easier time enforcing a contract administratively than enforcing an ordinance or permit violation. A contract that covers all households would be more likely to move the City into an easier position to assure compliance than if the contract only covered part of the households, say, only single-family homes. If multi-unit housing wasn't covered under a contract, the City would still have the challenge of assuring the haulers are providing the service. I encourage you to consider that extra administrative work in considering the scope of a contract option.” As stated by Dan Donkers, Ramsey County, by providing recycling to ALL Mounds View residents/owners (single family and multi-dwelling, the City will fulfill the SCORE Grant requirement and be in compliance. Staff is inquiring as to whether the City Council has an interest in creating a citywide contract for recycling services. If so, staff will work with Ramsey County and their consulting firm, R.W. Beck, Inc., to develop a proposal and a draft contract. This would be presented to the City Council at as later date for consideration. Recommendation: Staff is looking for direction from the City Council pertaining to this matter. Specifically, Staff is inquiring if the City Council is interested in creating a citywide contract for recycling services. Respectfully Submitted, Greg Lee, Director of Public Works Item No: 11 Meeting Date: May 5, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Community Development Staffing Options Introduction: As the Council knows, we have been without the services of a Planning Associate since Jim Atkinson vacated the position in November of 2002. Instead of immediately filling the position, we decided to reassess our needs to ensure we would operate in the most effective and efficient manner possible. That analysis has been completed. Discussion: During the six months that the position has been vacant, it has become apparent that the position should be more involved in the various City inspections programs, taking the lead on zoning code inspections and lending support toward nuisance code inspections and enforcement. It also became apparent that the vacancy causing delays in processing resident requests and applications and subsequent inspections and other department activities. In December of 2002, the Community Development Department acquired the services of a temporary inspector two days a week to provide much needed assistance. The temporary inspector however has since received a full time position elsewhere and the department is once again in a position where we are unable to provide the level of service that the community has come to expect. We have explored the options of sharing a planner with other communities, and while that remains a possibility, nothing was solidified. One Community offered to share a planner with Mounds View but that offer was withdrawn for reasons specific to their own situation. Our needs are such that an intern simply would not suffice and we cannot wait and see if an opportunity to utilize another city’s planner would ever materialize. If the City hires a Planning Associate based on a revised, more entry level responsibilities, that would not preclude Mounds View from sharing our staff with another community. Compensation: The City’s 2003 pay plan for the planning associate position articulates the five steps as follows: Step 1 Step 2 Step 3 Step 4 Step 5 $37,539.84 $39,886.08 $42,232.32 $44,578.56 $46,924.80 According to the Compensation Study recently completed by Labor Relations Associates, the Planning Associate’s maximum monthly salary exceeds the Stanton Mean rate by $426. The 2003 monthly salary for the new Planning Associate could be reduced with the intent to set the adjusted salary range closer to the Stanton Mean, in conjunction with the revised duties. Justification: While I would assert that workload alone warrants the filling of this position, I’d like to point out two other factors. While the department functions similar to the water and sewer departments in that we bring in revenue and that said revenue theoretically supports the activities of the Community Development Department, Community Development is not set up as an enterprise fund. Certainly it could be set up that way and thus the revenues would support the staff and department functions. Other Cities have set up their permit and planning revenue as enterprise funds, separate and outside of the general fund. I am not advising or suggesting that take place here but simply pointing out that there needs to be strong relationship between revenues and expenses. The other point I’d make relates to the recent Building Fee Report that is now required of every city. Cities were mandated to report on a variety of fees collected and then document all associated expenses. The presumed purpose of the required report is to ensure that communities are not overcharging residents and developers and that revenues relate to expenses. By not filling the planning associate position, it will appear as though the City IS overcharging on fees since there will be less expenses to charge back against the fees. No one knows what will happen to communities where fees exceed expenses, but some have hinted at more legislation, fee restrictions or even legal action. And lastly, hiring a replacement for the planning associate would not preclude a reorganization of the department in the future—that could still occur dependent upon budgetary issues and a variety of other factors. Recommendation: Staff again requests City Council permission to post the opening for the Planning Associate position and to hire the individual that best matches the qualifications articulated in the revised job description, which is attached for your review. The maximum salary for the position would be established by separate action of the City Council. _____________________________________ James Ericson Interim City Clerk/Administrator Attachments: 1. Revised Job Description CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Planning Associate Department: Community Development Accountable To: Community Development Director Status: Exempt PRIMARY OBJECTIVES OF POSITION Administer the City’s zoning code, assist the Community Development Director in reviewing development proposals, prepare special research, perform field inspections and provide information to the public on planning, zoning, neighborhood and code issues and procedures. Assist with the upkeep and maintenance of the City’s GIS system and facilitate communication with Mounds View citizens. SUPERVISION RECEIVED Works under the general guidance and direction of the Community Development Director. SUPERVISION EXERCISED None, although may have temporary supervision of the department in the absence of the Director. ESSENTIAL DUTIES AND RESPONSIBILITIES • Provides information on the City’s planning program, zoning code and development procedures to citizens, property owners, architects, engineers, developers and contractors and others in a helpful, customer-oriented manner. • Analyzes and prepares reports on development applications to determine compliance with the City’s Comprehensive Plan, Zoning and Subdivision Codes. Coordinates the review of development applications with various departments and agencies. Keeps applicants, property owners, citizens, and other interested parties informed during the course of case review. Prepares development agreements and monitors financial guarantees to assure improvements are completed as required. Does site inspections of development projects to check for compliance with approved plans as assigned. • Reviews building, sign and fence plans for compliance with Code criteria. • Interprets and administers zoning, subdivision, housing, nuisance and other codes, and makes recommendations when code provisions are vague or in conflict with each other. Identifies inconsistencies in code provisions and recommends code revisions. Prepares code revisions as assigned. • Performs field inspections as needed to enforce zoning, housing, building and nuisance code compliance. Draft correspondence and work with residents to achieve compliance. • Researches and prepares studies on planning issues to meet the City’s needs, and helps prepare revisions to the Comprehensive Plan. • Attends and gives presentations at meetings of the City Council and Planning Commission as required. • Utilizes and assists in the maintenance of the City’s GIS system. Prepares maps and graphics using computer-based methods. • Assists in the periodic surveying of citizens utilizing the Internet and other methods to determine current citizen needs and concerns. • Maintains a working knowledge of state and federal housing programs and housing issues. • Manages the planning function in the Community Development Department in the absence of the Director. Represents the department in meetings with applicants, citizens and property owners. PERIPHERAL DUTIES • Works on projects and with other departments as assigned by the Director. • May serve as a staff liaison to City Council, Planning Commission, citizen groups and to employee committees. EDUCATION AND EXPERIENCE Minimum Qualifications (A) Bachelors degree from an accredited college or university in Planning or related field. (B) One year of planning related work experience. (C) Possession of a valid state driver’s license. (D) Windows-based computer skills in a Microsoft Office environment. Desired Qualifications: (A) Master’s degree from an accredited college or university in Planning or related field. (B) Graphics manipulation and digital editing skills (C) Background or exposure to ArcView and GIS principles. (D) HTML coding and web-based editing experience NECESSARY KNOWLEDGE, SKILLS AND ABILITIES (A) Knowledge of planning principles and practices as applicable to a municipal setting. (B) Ability to prepare, organize and maintain data, files and records. (C) Ability to utilize computer systems to track data and prepare reports. (D) Knowledge of planning and development ordinances and how they are applied in the development review process; familiarity with the steps in the review process. (E) Ability to analyze situations and information, formulate alternatives, and use sound judgment in drawing conclusions and making decisions. Ability to develop a course of action and maintain momentum to reach successful conclusions to assignments within agreed upon time frames. (F) Ability to communicate orally and in writing; ability to produce effective presentations and reports including research, synthesis of information, preparing text, graphs, charts and graphics. Ability to write clearly, concisely and legibly. (G) Ability to manage deadlines, demanding schedules and workload, and with juggling a multitude of tasks. (H) Ability to maintain effective working relationships with supervisors, other staff members, Council and Commission members, citizens, property owners, developers and others. (I) Ability to follow verbal and written instructions. (J) Ability to maintain professionalism in difficult situations. TOOLS AND EQUIPMENT USED Personal computer, including word processing, spreadsheet, and data base software; motor vehicle; telephone; mobile or portable radio; blueprint, copy, fax, and other office machines. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed in both office and field settings. Approximately half of the employee’s time during April through October is spent in field inspections associated with development cases and code inspections. Sufficient mobility is necessary to navigate natural terrain and construction sites. Visual acuity sufficient to evaluate field conditions, plans and drawings is necessary, as is the ability to communicate orally in person and over the telephone. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. While performing the duties of this job, the employee is required to sit, stand, walk, talk, hear, use hands to finger, handle, feel or operate objects, tools, or controls, and to reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 40 lbs. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee works in both office and field settings. When in the field, the employee is exposed to outside weather conditions, and may experience exposure to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, hazardous or unsanitary conditions, risk of electrical shock and vibration. Situations may occur which are threatening, and where the employee may encounter aggressive and hostile behavior from individuals the employee must deal with in the course of performing his or her duties. The noise level in the work environment is usually moderate. SELECTION GUIDELINES Formal application and resume, rating of education and experience; oral interview, reference checks, physical examination and drug and alcohol tests; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Revision History: 3/2001 262 Hay Points 8/1999 6/1997 1995 ADA