HomeMy WebLinkAbout02-07-2018
PLANNING COMMISSION
REGULAR MEETING AGENDA
February 7, 2018 - 7:00 P.M.
1. Call to Order
2. Roll Call
3. Special Order of Business
A. Oath of Office for Commissioner Gary Stevenson
4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not
Already on the Agenda. (Before speaking, please give your full name and address
for the record.)
5. Planning Cases
A. (none)
6. Other Planning Activity
A. Review of Planning Commission Bylaws
B. Discussion of Liquor Licenses (cont.)
7. Reports
A. Upcoming Planning Cases & Activity
I. Comprehensive Plan Taskforce (Feb 13, Feb 27)
II. Final Plat of “Boulevard” (March 7)
III. Housing TIF for “Boulevard” (March 7)
B. Staff Updates
C. Council Updates
D. Planning Commissioner Reports
8. Approval of Minutes: January 3, 2018
9. Next Planning Commission Meetings:
A. Wednesday, February 21, 2018
B. Wednesday, March 7, 2018
10. Meeting Adjournment
Mounds View Planning Commission
Oath of Office
I, Gary Stevenson, do solemnly swear, to support the Constitution of the
United States, and of this state, and to discharge faithfully the duties,
devolving upon me as a Planning Commission member of the City of
Mounds View, to the best of my judgment and ability.
____________________________________
Commissioner
____________________________________
Date
Witness:
____________________________________
Jon Sevald, City Planner/Supervisor
Item No: ___6A
Meeting Date: Feb 7, 2018
Type of Business: Other
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: Jon Sevald, City Planner/Supervisor
Item Title/Subject: Review of Planning Commission Bylaws
Introduction
The Planning & Zoning Commission Bylaws establish the rules for the Planning
Commission. Section II(B) requires that the Bylaws be reviewed annually at the
Commission’s first meeting in February.
Discussion
The Bylaws were last amended in April 2017, removing “Agenda Sessions” as one of
four types of Commission meetings. Agenda Sessions were intended as work sessions
to discuss non-actionable items (e.g. reviewing, but not approving minutes), which in
practice, are discussed during “Regular Meetings”.
Staff is not proposing any changes to the Bylaws at this time.
Recommendation
The Planning Commission is requested to review the Bylaws. If changes are needed,
Staff will prepare a report and resolution for a future Commission meeting.
Respectfully submitted,
________________________
Jon Sevald, AICP
City Planner / Supervisor
Attachments
1. Planning & Zoning Commission Bylaws
CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
(Revised April 5, 2017)
I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission
(Bylaws) are established in accordance with the Mounds View Municipal Code
Section 401.06. Subd. 7 “The Commission shall adopt bylaws for its governance and
for the transaction of its business.” Where there is a conflict between the provisions
of the Bylaws and the provisions of the City Charter and the Municipal Code, the
provisions of the City Charter and the Municipal Code shall govern. (For purposes of
simplicity, the Planning and Zoning Commission may hereinafter be referred to as the
Planning Commission or the Commission.)
II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT:
A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by
an affirmative vote of the majority of members of the Planning and Zoning
Commission appointed as voting members, and shall be placed on file with the
City Administrator and the Community Development Department. A copy of the
bylaws shall be forwarded to the City Council for its information. Any
amendments to the Bylaws shall be adopted by Resolution in the same manner
as the original Bylaws.
B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first
regular meeting of the Commission in February.
III. MEMBERSHIP AND VACANCIES. Vacancies on the Planning Commission shall be
filled in accordance with the Municipal Code, Sections 401.02 and 401.03.
IV. OFFICERS
A. OFFICERS NAMED: The officers of the Planning Commission shall consist of
a chairperson and vice-chairperson. The Commission may create and fill such
other offices from its members, as it may determine, to transact Commission
business. In addition, the City Administrator, or his or her designee, shall act as
the recording secretary for the Commission for purpose of preparing meeting
minutes.
B. ELECTIONS; TERMS
1. Chairperson: At the first meeting in January, the Commission shall conduct
an election in order to make its recommendation for the chairperson,
following the procedure in Section IV.B.3. The name of the person
recommended for chairperson shall be forwarded to the City Council for
action at its next meeting in January. Based upon the recommendation of
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the Planning Commission, the Mayor, with the approval of the City Council,
shall appoint the chairperson of the Commission each year.
2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson
each year at its first meeting in January, following the procedure in Section
IV.B.3.
3. Election Procedure: For each office, the chairperson shall invite nominations
from Planning Commission members. After nominations have been
received, the chairperson shall entertain a motion to close nominations. If
such motion is made and passed, and more than one nomination has been
made, the chairperson shall distribute ballots to the Commission members
and each member shall write his or her selection on the ballot. The
recording secretary shall tally the ballots and announce the nominee
receiving the most votes. In the event of a tie, the recording secretary shall
announce the nominees tied in the voting and balloting shall be repeated
until an election occurs. If only one nomination has been received, the
chairperson may conduct the voting by voice vote. If a majority of the
members present vote in the affirmative for the nominee, the nominee shall
be elected.
4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume
office at the first meeting in February of each year.
5. Term of Office: The chairperson and vice chairperson shall serve one year
terms, and may be re-elected to additional terms in accordance with this
Section IV.B.
C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the
Planning Commission, and shall have the authority to add or cancel regular
meetings and to call special meetings as provided in Section VI. The Chair
shall have the authority to redirect public comment unrelated to the
Commission’s business to the most appropriate City commission or to the City
Council. The vice chairperson shall assume the duties of the chairperson, in
the absence of the chairperson. In the event of the absence of both the
chairperson and vice-chairperson, those members present shall elect a
temporary chairperson to preside over the meeting.
V. COUNCIL LIAISON: The City Council may appoint from among its members a
Liaison to the Commission on an annual basis. It is expected that the Council Liaison
will attend the Commission meetings on a regular basis. In the event of the absence
of the Council Liaison at a Commission meeting, a Commission member may be
appointed by the chairperson to represent the Planning Commission at the next
regular City Council meeting or at the meeting where the City Council will be
considering the planning cases acted upon by the Planning Commission in the
absence of the Council Liaison.
VI. MEETINGS
A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the
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Commission shall be adopted by Resolution at the first regular meeting in
December for the following year.
1. Regular Meetings: Subject to the adopted meeting schedule, the
Commission’s regular meetings will occur on the first and third Wednesdays
of each month for the purpose of convening public hearings, making
recommendations to the City Council, conducting business which requires a
vote of the Commission, convening as the Board of Adjustment and Appeals,
conducting long-range planning functions and other official business.
2. Special Meetings: From time to time, special meetings may be called in
order to process significant caseloads, to review works in progress such as
comprehensive plan updates or municipal code revisions, or to undertake a
retreat or strategic planning session, either amongst itself or in the company
of the City Council or other commissions. Special meetings can be proposed
by any Commission member or at the request of the City Administrator, or
designated staff liaison, yet must be approved by a majority vote of the
Commission.
3. Emergency Special Meetings. Emergency special meetings can be called
via written notice to the City Administrator, or designated staff liaison, by the
Chairperson or two Commission members, or by the City Administrator, or
designated staff liaison. (Emergency special meetings are those in which
the subject matter is of such an immediate concern that it cannot be
delayed until the next regular meeting of the Planning Commission.) The
City Administrator, or designated staff liaison, shall post and mail a notice of
any special meeting in accordance with State Statutes. Planning
Commission members shall be notified by telephone and in writing, if
possible, at least seven days prior to a special meeting.
4. Cancellation of Meetings: Regular or special meetings may be canceled by
the chairperson or City Administrator, or designated staff liaison, in the event
that there are no items of business requiring the attention of the
Commission, or for lack of a quorum, or in response to inclement weather or
for any other good and sufficient reason. Members of the Commission shall
be notified by telephone of any meeting cancellation. A notice of the meeting
cancellation shall be posted as required by State Statutes.
B. QUORUM: A majority of the number of voting members appointed to the
Commission shall constitute a quorum.
C. CONDUCT OF MEETINGS; ADJOURNMENT
1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is
present to conduct a meeting of the Planning Commission, the Planning
Commission may elect a meeting chair from among those members present
prior to the commencement of business. The election shall follow the
procedures set forth in Section IV.B.3, except that the Community
Development Director, or his or her designee, shall conduct the election.
2. Open Meeting Law: Meetings shall be conducted in accordance with the
State of Minnesota Open Meeting Law (Minn. Statutes 471.705).
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3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two-
thirds majority of the members present agree to extend the time of
adjournment. If there is no objection, the Chairperson may declare the
meeting adjourned without the necessity of a motion or vote by the
Commission.
D. MINUTES: Minutes shall be recorded for regular meetings and each
commission member shall receive a copy of the unapproved minutes for review
and approval at a succeeding meeting. Minutes shall be approved by motion.
Approved minutes shall be the official record of the business conducted and
actions taken by the Planning Commission. Commission members may request
copies of approved minutes after they have been corrected, if necessary, and
signed as approved. Copies of the approved minutes shall be filed with the
Community Development Department. Unapproved minutes shall be clearly
marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy
statement regarding the content and format of the minutes shall be on file with
the Community Development Department which may be reviewed from time to
time as needed.
VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans
and additional information, as appropriate, for each item placed on the agenda for
any regular or special meeting. The Commission packet should be delivered at least
four days prior to the meeting. Each Commissioner is responsible for reviewing the
material within the packet prior to the meeting.
VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests
for review by the City Attorney, City Engineer, City Planning Agency, or other paid
consultants shall be in accordance with the Municipal Code, Section 401.07.
IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy
of the Mounds View Municipal Code and a copy of the Municipal Comprehensive
Plan as well as other materials provided by the City Council or City Staff. These
materials shall be retained by each commission member and returned to the City
Administrator, or designated staff liaison upon the member’s resignation or
termination of appointment.
X. CONDUCT OF MEMBERS
A. ATTENDANCE: Commission members shall advise the designated Staff
member or the Commission chairperson of an anticipated absence from any
regularly scheduled Planning Commission meeting. Any member absent from
three consecutive regularly scheduled meetings or more than six regularly
scheduled meetings per year without the consent of the Commission shall be
deemed to have vacated the office, and such vacancy shall be filled by the City
Council pursuant to Section 401.03, Subd. 1. A leave of absence may be
granted by the consent of the Commission.
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B. CONFLICT OF INTEREST:
1. General Standard: No Commissioner shall be appointed with private or
personal interests likely to conflict with the general public interest. If any
person appointed to the Commission shall find that their private or personal
interests are involved in any matter coming before the Commission, they
shall disqualify themselves from taking part in any discussion or action on the
matter; alternatively, they may be disqualified by a two-thirds (2/3) majority
vote of the Commissioners in attendance.
2. Conflict Due to Economic Interests: A Commissioner has a conflict of
interest if, in his or her discharge of official duties, would be required to take
an action or make a decision that would substantially affect the
Commissioner’s financial interests or those of an associated business,
unless the effect on the Commissioner is no greater than on other members
of the Commissioner’s business classification, profession, or occupation. In
the event a conflict of interest exists with respect to a particular matter before
the Commission, the Commissioner shall disqualify himself or herself from
taking part in any discussion or action on the matter.
C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals
seeking to influence the decisions of the Planning Commission and individual
Commission members outside the meeting forum. Such contacts may include
communications with project applicants, supporters and opponents.
When the Planning Commission is involved in a matter which is to be heard
and decided by the Commission (e.g. variances), Planning Commissioners shall
indicate to the person contacting them that such communication and all
testimony needs to be offered at the hearing to ensure a fair hearing for all
parties. The intent is for Planning Commissioners to make their decisions
based on the same information provided to all Planning Commissioners.
Planning Commissioners should avoid expressing any opinion as to the merits
of the case outside of Commission meetings. When ex parte contacts occur,
the Planning Commissioner is responsible for notifying appropriate City staff
and for conveying the substance of any ex parte communication to other
Commission members at the next commission meeting at which the matter
discussed is under consideration.
___________________________
Gary Stevenson, Chairperson
ATTEST:
___________________________
James Ericson, City Administrator
Revision History:
April 5, 2017
March 16, 2016
January 24, 2007
September 1, 2004
February 21, 2001
February 2, 2000
March 5, 1997
February 3, 1993
October 1990
Item No: ___6B
Meeting Date: Feb 7, 2016
Type of Business: Other
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: Jon Sevald, City Planner/Supervisor
Item Title/Subject: Discussion of Liquor Licenses (cont.)
Introduction
During the City Council’s January 2nd Work Session, the Council discussed the City’s
moratorium of the issuance of new intoxicating liquor licenses. Staff introduced this
topic at the Planning Commission’s January 3rd meeting, intending to receive feedback.
The Commission had a number of questions, which Staff indicated would be addressed
at a future meeting.
Discussion
Liquor stores are required to obtain an Off-Sale Intoxicating Liquor License. Intoxicating
liquor means alcohol greater than 3.2%. A gas station might have a license to sell 3.2%
beer (3.2% malt liquor license).
In 2016, Snap Market (2410 Co Rd I) applied for an off-sale intoxicating liquor license,
prompting the City Council to adopt a moratorium 1 on the issuance of new intoxicating
liquor licenses. This moratorium did not apply to Snap Market’s application because it
preceded adoption of the moratorium. A license was approved pending certain
requirements, of which Snap Market did not meet, and is no longer in business.
Analysis
The Council’s intent of adopting the moratorium was to research a number of questions,
including (see attached for more details);
1. Determine the number of off-sale liquor establishments that may locate in the
City.
Unlimited.
2. Analyze the relationship between off-sale liquor stores and criminal activity.
1 Resolution 8551 (Apr. 11, 2016), adoption of a 6-month moratorium, May 11, 2016 through October 11, 2016.
Moratorium was extended one year (Aug 14, 2017), expiring October 11, 2017.
Item 06B
Page 2
There is not a direct correlation between the location of liquor stores and criminal
activity. There is a correlation between loitering and criminal activity. The
perception is that liquor stores provide a place to loiter, thereby attracting criminal
activity. This is no different than any other gathering space, such as a park or
parking lot.
3. Determine if any additional official controls should be used to regulate the sale of
intoxicating liquor.
This is up to the City Council’s discretion. In Staff’s research, there are no “best
practices” used by a majority of cities.
4. Determine whether there should be a minimum distance separation requirement
between off-sale liquor stores.
This is up to the City Council’s discretion. Similar to #2, Staff did not find a
correlation between the location of liquor stores and non-compatible uses. The
attached January 2nd Staff Report includes research conducted by a University of
California graduate student. The research suggests popular opinion is to allow a
concentration of liquor stores within a shopping area (e.g. Mounds View Square),
but not in a neighborhood area. However, depending on how a person defines
“neighborhood”, Mounds View Square is in a neighborhood.
The current ordinance prohibits such businesses within 500’ of Edgewood and
Pinewood schools and churches, measured from the main door of the business
to the school/church building.
It is Staff’s opinion that the intent of providing a separation has more to do with
the “appearance” of a liquor store than it does the distance between a liquor
store and a school or church. A store’s appearance (e.g. bared doors &
windows, windows covered by sign decals) is difficult to regulate, and would
need to be applied to all businesses (restaurants, banks, gas stations, etc.).
5. Determine which zoning district such licensed businesses may operate.
This is up to the City Council’s discretion. Currently, liquor stores are a permitted
use in the B-2, B-3, and B-4 districts, and must comply with setbacks. This
applies to Microbreweries & Microdistilleries2.
2 Ordinance 926, pertaining to “Cocktail Rooms, Microbreweries, Microdistilleries, and Taprooms” (Aug 22, 2016)
additionally allows such uses in the I-1 district.
Item 06B
Page 3
Summary
Upon receiving an application in 2016 for an Off-Sale Intoxicating Liquor license at Snap
Market, the City Council adopted a moratorium to study a number of questions. The
moratorium did not affect Snap Market, which is no longer in business. Staff’s research
concluded that the Council’s concerns are policy based, and cannot be answered
definitively.
Since adoption of the moratorium, the City has received an inquiry if a liquor store would
be allowed attached to a gas station. It would. The gas station has not pursued this.
Recommendation
The Planning Commission is requested to continue its discussion from its January 3rd
meeting, and to forward any recommendations to the City Council for the Council’s
consideration at a future Council Work Session.
Staff is not recommending any changes to the Ordinance.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments
1. Council Staff Memo, January 2, 2018
City of Mounds View
Licensed Off-Sale Liquor
December 19, 2017
ABC (AB) LIQUOR MERWYN LIQUORS VINO & STOGIES SNAP MARKET SUPER- AMERICA
Site Address 2840 Mounds View Blvd. 2577 Mounds View Blvd. 2345 County Road H2 2408 County Road I 2640 County Road I
Owner Name Selam Mebratu, Menbe,
Inc.
Thomas Cohen, Merwin
Liquors LLC
Robert Waste Jr. Khyati Patel Northern Tier Retail, LLC
Address 1212 44 ½ Avenue NE,
Columbia Heights, MN
55421
5704 Kemrich, Edina, MN
55439
2345 County Road H2,
Mounds View, MN
55112 / 6908 Sunset
Road
6472 Alvardo Lane,
Maple Grove, MN 5531
576 Bielenberg Drive,
Suite 200, Woodbury,
MN 55125
Licensed/Been
a Liquor Store
Since:
Addition put on in 1956,
first reference of a liquor
store that I could see is
1961. But I think it was a
liquor store on and off
from then until now.
Budget Liquor was
located adjacent to the
existing space (which
was a hardware store) in
1975. Built in 1974.
Built 1952 SF/Store, from
what I can see, in 1972
became B & R Liquor &
Grocery
Licensed Approved 2017,
not yet issued.
Found Liquor License
from 1987. Structure
built in 1986.
Square Footage 1,200 square feet
DRAFT
PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
January 3, 2018
Mounds View City Hall
2401 Mounds View Blvd, Mounds View, MN 55112
______________________________________________________________________________
1. Call to Order
The meeting was called to order by Acting Chair Klebsch at 7:00 p.m. for January 3, 2018.
______________________________________________________________________________
2. Roll Call
Members Present: Commissioners Farmer, French, Klander, Klebsch, Monn, and Rundle.
Absent and Excused: Commissioners Stevenson (excused).
Also Present: City Planner/Supervisor Jon Sevald, Council Member Gary Meehlhause,
and Council Member Bill Bergeron.
______________________________________________________________________________
Index to Minutes Page
Oath of Office for Commissioners 1
Resolution 1081-18 a Resolution Recommending Appointment of a 2
Chairperson and Appointment of Vice-Chairperson
Resolution 1082-18 Recommending Approval of Ordinance 940, an 4
Ordinance Amending the City Code, Title 1100, Section 1124 Regulating
Wireless Telecommunications Facilities
Liquor Store Discussion 5
Approval of Minutes 7
_____________________________________________________________________________
3. Special Order of Business
A. Oath of Office for Commissioner Dennis Farmer, and Commissioner Justin
Klander
Mounds View Planning Commission January 3, 2018
Regular Meeting Page 2
________________________________________________________________________
City Planner/Supervisor Sevald administered the Oath of Office to newly appointed Planning
Commissioner Dennis Farmer.
City Planner/Supervisor Sevald administered the Oath of Office to reappointed Planning
Commissioner Justin Klander.
B. Resolution 1081-18, a Resolution Recommending Appointment of a
Chairperson and Appointment of Vice-Chairperson
City Planner/Supervisor Sevald requested the Commission adopt a Resolution appointing a Chair
and Vice-Chair for 2018.
Commissioner Klander asked if nominations should be taken for both chair and vice-chair at the
same time. City Planner/Supervisor Sevald suggested nominations for these positions be taken
separately.
Acting Chair Klebsch called for nominations for Chairperson of the Planning Commission for
2018.
Commissioner Rundle nominated Gary Stevenson.
Commissioner Monn nominated Angelica Klebsch.
Acting Chair Klebsch thanked Commissioner Monn for this nomination.
City Planner/Supervisor Sevald passed out ballots and the Commission voted for a Chairperson.
After tallying the votes, Angelica Klebsch was recommended as Chairperson for the Planning
Commission for 2018.
Acting Chair Klebsch called for nominations for Vice-Chairperson.
Commissioner Klander nominated Gary Stevenson.
The consensus of the Commission was to appoint Gary Stevenson Vice-Chairperson.
MOTION/SECOND: Commissioner Rundle/Commissioner Monn. To approve Resolution
1081-18, a Resolution Recommending Appointment of a Chairperson (Angelica Klebsch) and
Appointment of Vice-Chairperson (Gary Stevenson).
Ayes – 6 Nays – 0 Motion carried.
_____________________________________________________________________________
Mounds View Planning Commission January 3, 2018
Regular Meeting Page 3
________________________________________________________________________
4. Citizens Requests and Comments on Items Not on the Agenda
Bill Bergeron, 7729 Woodlawn Drive, addressed the Commission regarding the development of
Crossroad Pointe. He commented on the present plan for this site which included a gun club and
shooting range. He explained he was opposed to the gun club and shooting range based on
research he has conducted. He feared that neighboring properties would be adversely impacted
if a gun range were to locate on this property. In addition, he did not want this development to
become a Second Amendment issue. He stated he supported the City pursuing another
development for this site in order to keep property values stable.
Commissioner Klander thanked Council Member Bergeron for bringing his concerns to the
Commission. He explained he has visited other gun clubs in the metro area and indicated he
would keep these comments in mind when this development comes forward.
Commissioner Monn stated she attended the open house at the Mounds View Community Center
for this development. She explained she initially opposed the project, but after speaking with the
Police Chief she understood how the gun club would enhance training opportunities for the
Police Department. In addition, the proposed use would offer students an opportunity to practice
trap shooting. City Planner/Supervisor Sevald reported the applicant is proposing to construct a
full-service gun range, similar to a facility in Chanhassen.
Commissioner Monn questioned if other options had been considered for Crossroad Pointe. City
Planner/Supervisor Sevald discussed the three proposals that were submitted for this project.
Commissioner Klander stated the developer has made it clear from the start that the gun range
was not a deal breaker. He asked if this was still the case. City Planner/Supervisor Sevald
reported this was his understanding and noted the gun range could be removed and replaced with
a larger apartment complex.
The Commission requested staff research this item further and forward the findings onto the
Commission.
Commissioner Klander stated he was troubled by the fact the Police Chief supported the gun
range. He did not understand how bringing additional guns into the community would improve
community policing efforts. He requested staff speak with the Police Chief and for him to
explain to the Commission why a gun range would benefit the community and the Police
Department.
Acting Chair Klebsch supported this suggestion and stated she too would like to better
understand the cost/benefit analysis of having a gun range in the community. She explained she
had mixed feelings about this development and noted she was a gun owner. She did not want
this development to become a Second Amendment right either and stated she looked forward to
conducting further research on the project to see how it would fit into the Mounds View
Boulevard Corridor.
Mounds View Planning Commission January 3, 2018
Regular Meeting Page 4
________________________________________________________________________
Council Member Bergeron commented he fully supported the great work being done by Police
Chief Harder. He explained the proposed range would be more convenient for the Police
Department, would create cost savings for the City and would provide greater opportunities for
advanced training. He stated he believed there were other options available for locating a gun
range.
______________________________________________________________________________
5. Planning Cases
A. Resolution 1082-18, Recommending Approval of Ordinance 940, an
Ordinance Amending the City Code, Title 1100, Section 1124 Regulating
Wireless Telecommunications Facilities.
City Planner/Supervisor Sevald stated during the 2017 Legislative Session, laws were amended
allowing Small Wireless facilities as a permitted use within the public right-of-way of all zoning
districts, except in residential and historic zoning districts. In those districts, local governments
have the option of requiring a Conditional Use Permit (CUP). A Small Cell Wireless Facility is
an antenna, six cubic feet or smaller, that may be attached to a utility pole, and is intended to
enhance 5G wireless networks.
City Planner/Supervisor Sevald explained the legislation primarily deals with Title 900 of the
City Code (Management of Right-of-Way). A small portion relates to the Zoning Code relating
to the option of requiring a CUP within residential districts. To be consistent in the permitting
process, Staff is recommending that Small Wireless Facilities be a permitted use within the
public right-of-way of all zoning districts. Applicants will be required to obtain a permit from the
Public Works Department. Further, Staff recommends that such facilities be prohibited from
being located on existing decorative utility poles (i.e. pedestrian lights along Mounds View
Blvd), and would require telecommunication companies to install new decorative utility poles
which are similar to those owned by the City. Staff recommended the Planning Commission
recommend approval of the Ordinance as presented.
Commissioner Klander asked how many small cell wireless facilities were anticipated to be
installed in the City. City Planner/Supervisor Sevald stated this would be difficult to estimate
and noted antennas could co-locate on the same pole.
Commissioner Klander questioned if there would be a fee to locating the antennas on the pole.
City Planner/Supervisor Sevald indicated he was uncertain as to the expense.
Commissioner Klander inquired what the benefit would be to allowing small cell wireless
facilities in the City. City Planner/Supervisor Sevald reported wireless internet service would be
improved throughout the City.
Mounds View Planning Commission January 3, 2018
Regular Meeting Page 5
________________________________________________________________________
Acting Chair Klebsch asked how the City would ensure there would be consistency with the pole
aesthetics. City Planner/Supervisor Sevald explained the City would have a design standard in
place for the ornamental poles along Mounds View Blvd.
Commissioner Farmer inquired if the Conditional Use Permit (CUP) process would cause delays
in the installation process of these facilities. City Planner/Supervisor Sevald stated this was a
concern for staff and for this reason, staff was recommending small cell wireless facilities be
permitted without a CUP. He explained a larger issue was the zoning differences for streets.
The streets may be wholly or partially in one zoning district or another, and are not zoned
consistently.
Commissioner Klander stated he supported the small cell towers being permitted without a CUP.
He believed these units would be most helpful in residential areas.
Acting Chair Klebsch asked if the Ordinance would set a maximum number of small cell towers
allowed in the City. City Planner/Supervisor Sevald reported a maximum number would not be
set.
Commissioner Farmer questioned if design standards should be further considered by the
Planning Commission. City Planner/Supervisor Sevald stated design standards were covered in
other Ordinances, noting standards were already in place for Edgewood Drrive and Mounds
View Boulevard.
Acting Chair Klebsch inquired if the City would be charging rent for small cell tower facilities.
City Planner/Supervisor Sevald reported a fee of $150 per year would be charged by the City.
Commissioner Farmer asked if other cities would be pursuing a CUP process for these facilities.
City Planner/Supervisor Sevald commented many other cities were taking a wait and see
approach to these facilities.
Commissioner Monn questioned if the City had knowledge of where the black spots were in the
community. City Planner/Supervisor Sevald indicated the City did not have this knowledge. He
stated it was his understanding the small cell towers would be used for 5G services.
MOTION/SECOND: Commissioner Klander/Commissioner Rundle. To approve Resolution
1082-18, a Resolution Recommending Approval of Ordinance 940, an Ordinance Amending the
City Code, Title 1100, Section 1124 Regulating Wireless Telecommunications Facilities.
Ayes – 5 Nays – 1 (Farmer) Motion carried.
_____________________________________________________________________________
6. Other Planning Activity
A. Liquor Store Discussion
Mounds View Planning Commission January 3, 2018
Regular Meeting Page 6
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City Planner/Supervisor Sevald discussed a moratorium that had been passed by the Council in
April of 2017 that prohibited the issuance of additional off-sale liquor licenses in the City. He
explained this covered the sale of hard liquor and not 3.2 beer. He reported the moratorium was
put in place to allow the City Council time to consider off-sale/liquor store regulations. He
stated the Council had directed staff to research five questions. The answers to these questions
were summarized with the Commission. Staff requested the Commission review this
information and provide staff with feedback on off-sale liquor licenses. It was noted there were
currently two liquor stores operating in Mounds View.
Acting Chair Klebsch asked if setback requirements for liquor stores were already in place. City
Planner/Supervisor Sevald reported this was the case.
Acting Chair Klebsch recommended liquor stores be more than 500 feet from all daycares within
the City of Mounds View.
Acting Chair Klebsch questioned if a taproom had to follow the same off-sale liquor store
requirements. City Planner/Supervisor Sevald reported taprooms required a different permit.
Acting Chair Klebsch stated she would like further information on how this Ordinance would
impact distilleries and micro-breweries.
Acting Chair Klebsch stated she would like to better understand what the City would be limiting
and what opportunities the City was missing out on. She recommended that a number be set for
the total off-sale licenses allowed in the City. She explained this could be based on the City’s
population and encouraged staff to speak with neighboring communities to see how this has been
regulated.
Acting Chair Klebsch asked when the moratorium would expire. City Planner/Supervisor Sevald
stated the moratorium would expire sometime between April and August.
Commissioner Klander supported the City addressing this Ordinance further.
Commissioner Farmer questioned if this topic would be impacted by the Comprehensive Plan
updates. City Planner/Supervisor Sevald explained the Comprehensive Plan was a more broad
document that assisted the City with overall planning. He believed that the minor details for this
issue had to be addressed through an Ordinance.
Council Member Meehlhause addressed the Council and discussed the history of this topic. He
commented that there really was not any consistency between cities as to how many liquor stores
should be allowed in a community.
City Planner/Supervisor Sevald thanked the Commission for their input and noted he would
report back at a future meeting.
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Mounds View Planning Commission January 3, 2018
Regular Meeting Page 7
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7. Reports
A. Upcoming Planning Cases & Activity
i. Comprehensive Plan Taskforce
ii. February 7, 2018 Review of Planning Commission Bylaws
City Planner/Supervisor Sevald stated the Comprehensive Plan Taskforce would hold its first
meeting on Tuesday, January 9th. He reported the Commission would be reviewing its bylaws on
Wednesday, February 7th.
B. Staff Updates
City Planner/Supervisor Sevald provided the Commission with an update from staff noting the
City had a new Building Official. He also provided the Commission with an update on the
Public Works Facility.
C. Council Updates
Council Member Meehlhause provided the Planning Commission with an update from the City
Council. He stated in December the Council reviewed two proposals for daycare services at the
Community Center. He explained Council consensus was to continue the contract with Creative
Kids. He commented on the INH proposal for Crossroad Pointe. He discussed the street
improvements that would be completed in 2018. He reported the tennis and basketball courts at
Greenfield and Groveland Parks would be replaced in the coming year. He stated the Council
held a Truth in Taxation meeting in December and approved the 2018 budget. He noted the
MWF project had been approved by the Council and would be moving forward. He thanked the
Commission members for their willingness to serve on the Planning Commission and a special
thanks to those serving on the Comprehensive Plan Taskforce. He explained after a long hiring
process the Council had hired Nyle Zikmund as the City Administrator. He stated Council
Member Bergeron would be serving as the Council liaison in 2018.
D. Planning Commissioner Reports
None.
8. Approval of Minutes
November 15, 2017.
MOTION/SECOND: Commissioner Rundle/Commissioner French. To approve the Minutes of
the November 15, 2017 regular Planning Commission meetings as presented.
Mounds View Planning Commission January 3, 2018
Regular Meeting Page 8
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Ayes – 6 Nays – 0 Motion carried.
9. Next Planning Commission Meeting:
A. Wednesday, January 17, 2018
B. Wednesday, February 7, 2018
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10. Adjournment
There being no further business before the Planning Commission, Acting Chair Klebsch
adjourned the meeting at 8:10 p.m.
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Respectfully submitted,
Jon Sevald
City Planner/Supervisor
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.