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HomeMy WebLinkAboutAgenda Packets - 2000/01/24CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, JANUARY 24, 2000 7:00 P.M. 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. City Council January 10, 2000 5. SPECIAL ORDER OF BUSINESS: A. State of the City Address B. Recognition of Sergeant Jerry Johnson, recipient of a Melvin Jones Fellowship Award, Lions Club International Foundation. 6. REPORTS 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval 8. UNFINISHED BUSINESS 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking, must give their full name and address for the minutes. Please limit your comments to three minutes. 10. COUNCIL BUSINESS A. Second Reading of Ordinance No. 637 an ordinance amending Chapter 1008 (Signs and Billboards) of the Mounds View Municipal Code pertaining to permitted signage in PF Public Facilities and CRP Conservancy, Recreation, Preservation zoning districts. – Rick Jopke 1. Second Reading and Adoption of Ordinance. 2. Vote: Marty, Quick, Thomason, Stigney, Coughlin B. Consideration of Resolution No. 5410, Resolution adopting Right-of-Way Permit Fee Schedule. – Michael Ulrich C. Consideration of Resolution No. 5411, Resolution amending Personnel Policy Manual. -Givonna Reed January 20, 2000 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: January 24, 2000 City Council Meeting The agenda is relatively light for Monday night, and therefore so will be my memo. Mike will fill in for me while I am on vacation. Here’s what you have for Monday: 5A. State of the City Address: Given by the Mayor. 5B. Recognition of Sergeant Jerry Johnson, recipient of a Melvin Jones Fellowship Award, Lions Club International Foundation: We’d appreciate if the Council could take a minute to recognize this award given to Sgt. Johnson on behalf of the Lions Club. This is an international award for Sgt. Johnson for his service to the community. While this is an award for his personnel time given to community service, it is a prestigious award to be noted for Sgt. Johnson who is a long time resident in addition to being with the Department for several years. Some members of the Lions Club may be on hand. 10A. Second Reading of Ordinance No. 637 an ordinance amending Chapter 1008 (Signs and Billboards) of the Mounds View Municipal Code pertaining to permitted signage in PF Public Facilities and CRP Conservancy, Recreation, Preservation zoning districts - Rick Jopke: This is the second and final reading of the ordinance amendment allowing signs in the noted zones. Essentially, this is the code that will now allow billboards to be considered at the golf course. Approval of this is a roll call vote. 10B. Consideration of Resolution No. 5410, Resolution adopting Right-of-Way Permit Fee Schedule. - Michael Ulrich: See Mike’s memo on this. In other business, I have set up the Council Administrator retreat for Monday, January 31 starting at 5 p.m. at the Northland Inn, just like the last time. We will post this meeting of course. Since I will not be back in the office until January 31, if there are problems getting all five together, I will leave the contact with the Northland Inn with Givonna. Also, I have made contact with the comedian Rob mentioned and hopefully have him lined up for the March 2 appreciation dinner at the Mermaid. I will be confirming that with him when I come back. I am on a skiing trip and hope not to break any bones. Staff can get a hold of me it needed, otherwise have a good week and see you on the 31st. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 10, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, Stigney and Thomason. NOT PRESENT: None. 3. APPROVAL OF AGENDA A. Monday, January 10, 2000, City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. Council Member Stigney request the addition of Item 10-G, to reconsider the appointments of liaisons to commissions. MOTION/SECOND: Stigney/Thomason. To Accept the January 10, 2000, City Council Agenda as Amended to Include Item 10-G, Reconsideration of Appointments of Liaisons to Commissions. Ayes – 5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, January 3, 2000, City Council Minutes Council Member Thomason requested a correction to Page 4, under the appointments to Northwest Youth and Family Services, to indicate the proper spelling of her name. Council Member Marty requested a correction to Page 6, first paragraph, first sentence, to indicate “…appears to cover…” Council Member Marty requested a correction to Page 6, following the fourth paragraph, to include the sentence “Council Member Quick respectfully declined.” Council Member Marty requested a correction to Page 6, fifth paragraph, first sentence, to omit the word “stated,” following his name. Mounds View City Council January 10, 2000 Regular Meeting Page 2 MOTION/SECOND: Marty/Quick. To accept the January 3, 2000, City Council minutes as corrected. Ayes – 5 Nays – 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Mayor Coughlin reported he had the opportunity that evening to attend a dinner with Senator and Majority Leader, Roger Moe, and Senator Steve Novak, which was held in hopes of furthering their mutual cause with regard to the airport legislation and litigation. He indicated this was an enjoyable time. Council Member Marty noted an additional correction to the City Council Meeting minutes of January 3, 2000. MOTION/SECOND: Marty/Coughlin. To Reconsider the Minutes of January 3, 2000. Ayes – 5 Nays – 0 Motion carried. Council Member Marty requested a correction to Page 2, Reports, second paragraph, second sentence to indicate “Mayor-elect Kysyl yzcyn of Roseville, who had requested he officiate at this event, was sworn in by Governor Jesse Ventura, that date.” MOTION/SECOND: Marty/Coughlin. To Accept the January 3, 2000, City Council minutes, as corrected. Ayes – 5 Nays – 0 Motion carried. City Administrator Whiting advised that City Hall would be closed on Monday, January 17, in observance of the Martin Luther King holiday. City Administrator Whiting reported that at the previous Work Session, the Council requested a meeting be scheduled to provide instruction on the use of laptop computers. He indicated this meeting would be held on January 9, at 5:00 p.m., in the Council Chambers, and would be open to the public. He noted there was also some discussion pertaining to the scheduling of Staff Retreat dates during the month of February. City Administrator Whiting reported a joint meeting of the Economic Development Authority and the Economic Development Commission would be held on Thursday, January 20, in the Council Chambers, for discussion regarding Tax Increment Financing policies. City Attorney Long reported he has been working with Senator Novak and Representative Haake’s offices with regard to the upcoming Legislative Session and the airport legislation. He indicated a there would be a meeting with a number of the environmental groups that are concerned regarding the impact to the wetland that the runway expansion proposed by the Mounds View City Council January 10, 2000 Regular Meeting Page 3 Metropolitan Airport Commission would have. He stated this would be an important meeting, and they will attempt to engender the support of these groups for their legislative efforts. He advised that this meeting has been arranged by Representative Haake’s office, and is scheduled to occur on Thursday, January 27, from 7:00 to 9:00 p.m., in the City Hall. He extended his appreciation to Representative Haake for her efforts in this regard. Mayor Coughlin stated he had spoken with Representative Haake earlier that evening, and she had indicated she was looking forward to further discussing the potential scope of this meeting with City Attorney Long. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Resolution No. 5409, a Resolution Authorizing TOLD Development Company to Proceed with the Preparation of a PUD Application which Includes City-Owned Parcels. C. Set Public Hearing for February 14, 2000, at 7:05 p.m. for the Second Reading and Adoption of Amended Ordinance No. 600, Entitled “Public Improvements.” Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. MOTION/SECOND: Quick/Marty. To Approve the Consent Agenda for Items A, B, and C, as presented. Ayes – 5 Nays – 0 Motion carried. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR There were no requests or comments from the floor. 10. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 642, an Ordinance Amending Title 1100, Chapters 1104 and 1121 of the Zoning Code, Related to Driveways and Curb Cuts. Community Development Director Jopke stated Ordinance 642 is related to the widths of driveways and cub cuts, and this item is a continuation of the public hearing that first occurred on December 13, 1999. He stated the ordinance before the Council is in the same form as that given first reading at the December 13 meeting, with one minor exception, which is the addition of the word “minor,” which has been added to indicate that standards are minimum standards, and not the only standard. Mounds View City Council January 10, 2000 Regular Meeting Page 4 Community Development Director Jopke stated Ordinance 642 creates a distinction between zero lot line subdivisions and duplexes. He explained that the Code currently allows a 35-foot driveway width for properties in the R-2 Zoning District, however, this presents a potential problem in the case of a side-by-side zero lot line subdivision, which could result in a 70-foot wide driveway. He pointed out that this has been addressed in the ordinance by indicating the driveway width would be the width of the garage, or a maximum of 36 feet. Community Development Director Jopke stated the maximum driveway width in the R-1 Zoning District would increase from 35 feet, to 35 feet, or the width of the garage, plus 12 feet. He noted that the ordinance also incorporates some organizational changes, and utilizes a table format to provide for better readability. Community Development Director Jopke stated there was discussion at the first reading of this ordinance that staff may propose additional angled parking requirements, however, after examining this further, and discussing the matter with the City Engineer, staff has determined that the City’s standards are acceptable, as they are presently written. Community Development Director Jopke pointed out that on Page 4 of the ordinance, there is an inconsistency between the treatment of zero lot line subdivisions and other cases. He explained that the driveway width for zero lot line subdivisions is the width of the garage, with a maximum of 36 feet, however, the City would allow a 22-foot driveway width, instead of a 20-foot width, in the R-2 Zoning District. He suggested the maximum driveway width for R-2, Single and Two-family Residential property be amended to indicate 20 feet, in order to be consistent with other properties in that Zoning District. He stated that with that amendment, staff recommends adoption of Ordinance 642. Mayor Coughlin opened the Public Hearing at 7:15 p.m. There was no public input. Mayor Coughlin closed the Public Hearing at 7:16 p.m. . MOTION/SECOND: Stigney/Thomason. To Approve the Second Reading and Adopt Ordinance No. 642, an Ordinance Amending Title 1100, Chapters 1104, 1107 and 1121 Regarding Curb Cuts and Driveway Widths, as Amended to Indicate a Maximum Driveway Width of Twenty Feet for Separate Driveways in the R-2, Single and Two-family Residential Zoning District. Ayes – 5 Nays – 0 Motion carried. B. Presentation and Review of the City’s Risk Management Program. Director of Public Works Ulrich stated this presentation fulfills the City’s requirement, mandated by the Federal Government, SPCA, and OSHA, for the City’s Risk Management and Process Management policies. He indicated that staff presented a brief overview of the Risk Management Program at the previous City Council Meeting. He explained that this is a rather lengthy document, containing policies and procedures, general operating practices, and emergency responses for the City’s water treatment facilities. Mounds View City Council January 10, 2000 Regular Meeting Page 5 Director of Public Works Ulrich stated this was the official night the public was invited to ask any questions regarding the document. He commented that due to its size, the document has not been publicly available, other than coming to City Hall to view it, however, it has been advertised in the local newspaper twice, and staff has not received any calls or responses pertaining to it. He indicated that Mike Gustafson, of Wenck and Associates, and representatives of the Fire and Police Departments were present to address any questions with regard to this item. Mayor Coughlin opened the floor for public input. There was no public input. Mayor Coughlin stated this item meets the requirement of law pertaining to the release and storage of the City’s water production chemicals, specifically, chlorine, and liquid propane gas, and it is mandated that the City have a policy in place to prepare for this. Council Member Marty inquired if this was a new policy. Director of Public Works Ulrich explained that in 1999, the City was mandated to comply with this policy by October 30, and has until February of 2000 to hold the public meeting. Council Member Stigney inquired if there were any costs associated with the preparation of this document. Director of Public Works Ulrich indicated that the City had hired the consulting firm of Wenck and Associates, and the Department of Public Works staff worked with the consultants to determine some of the procedures. He explained that staff had provided some diagrams and schematics to the consultants who incorporated them into the manual. He added that the consulting firm was very helpful, and had done a very good job. Mayor Coughlin inquired if the Council was required to formally adopt this item. Director of Public Works Ulrich stated he did not believe this was necessary. He indicated that the public meeting was required, and staff would submit documentation that this had occurred that date. Mayor Coughlin declared this item officially presented. C. Second Reading and Adoption of Ordinance No. 646, an Ordinance Amending Title 400, Chapter 405, Related to Parks and Recreation Commission Terms and Vacancies. Assistant to the City Administrator Reed stated this ordinance amends the portion of the City Code pertaining to terms. She explained that this year, there were five vacant seats on the Parks and Recreation Commission, and without this action, all of these seats would have to be filled again, simultaneously, in two or three years. She advised that this ordinance allows the Council to appoint commissioners to terms less than three years in length, in order to encourage staggering. Mounds View City Council January 10, 2000 Regular Meeting Page 6 MOTION/SECOND: Marty/Quick. To Approve Second Reading and Adopt Ordinance No. 646, an Ordinance Amending Title 400, Chapter 405 of the Mounds View Municipal Code by Amending Section 405.03, Subd. 1 as to the Term of Office for Members of the Parks and Recreation Commission. Council Member Marty inquired if this manner of action was necessary, or if this item could have simply been included on the Consent Agenda. Mayor Coughlin explained that this item involves an ordinance, which requires adoption. City Attorney Long added that the ordinance requires a roll call vote, therefore, this item would have to be removed from the Consent Agenda, prior to the vote. 1. Roll Call/Vote: Thomason, Stigney, Marty, Quick, Coughlin Ayes – 5 Nays - 0 Motion carried. D Second Reading and Adoption of Ordinance 647, an Ordinance Amending Title 300 – Chapters 301– 309, Related to Personnel Regulations. Assistant to the City Administrator Reed advised that Ordinance 647 would delete Title 300 of the City Code, which is basically, the City’s Personnel Manual. She indicated that on December 13, 1999, the City Council approved, by resolution, the City’s new Personnel Policy Manual, and the ordinance before the Council allows for this to occur by resolution. MOTION/SECOND: Quick/Thomason. To Approve Second Reading and Adopt Ordinance 647, an Ordinance Relating to Personnel Regulations and Amending Title 300 by Deleting Title 300 in its Entirety and by Creating a New Title 300 and Adding a New Section 301.01 in the Mounds View Municipal Code. Council Member Stigney stated, as he had previously indicated, he disagrees with some of existing personnel regulations, because they have an adverse affect upon the taxpayers, however, he is not opposed to removing this from the Code, and utilizing resolutions for the control and handling of personnel matters. 1. Roll Call/Vote: Marty, Stigney, Quick, Thomason, Coughlin. Ayes – 5 Nays – 0 Motion carried. E. Approval of Resolution No. 5408, Approving a Request for a Comprehensive Plan Extension. Community Development Director Jopke stated the Planning Commission continues its hard work to develop the Comprehensive Plan Update. He indicated that the end of 1999 was the most recent deadline for submittal of the Comprehensive Plan, and although progress is being made, they have not met this date. Community Development Director Jopke stated the Metropolitan Council staff has asked that the City pass a new resolution, formally requesting an additional extension. He advised that the Mounds View City Council January 10, 2000 Regular Meeting Page 7 Planning Commission is nearing completion of the review of the discussion draft, and has scheduled an Informational Public Hearing of the Comprehensive Plan on February 9, 2000. He encouraged community attendance at the Public Informational Forum. Mayor Coughlin inquired regarding the time and location of this meeting. Community Development Director Jopke stated the meeting would be held at 7:00 p.m., in Council Chambers. He explained that City staff is also in the process of preparing a video presentation that will air on cable television prior to the meeting, to discuss the Comprehensive Plan. Community Development Director Jopke advised that once the Informational Public Hearing is complete, the Planning Commission will formally recommend the document to the City Council, at which time, the Council will be requested to release the document to the Metropolitan Council for formal review. He stated staff recommends approval of Resolution 5408, requesting a six- month extension to the deadline for submittal of the updated Comprehensive Plan. MOTION/SECOND: Quick/Stigney. To Approve Resolution No. 5408, a Resolution Requesting Extension of the Due Date to June 30, 2000, for Review of the City of Mounds View Comprehensive Plan for Consistency with Amended Metropolitan Council Policy Plans. Ayes – 5 Nays – 0 Motion carried. F. Consideration or Resolution No. 5401, a Resolution Contemplating the Issuance of a Wetland Buffer Permit for Jamie Sharp, 2551 Ridge Lane. Community Development Director Jopke stated this item, which has come before the Council most recently at their Work Session on January 3, is a request for a Wetland Buffer Permit at 2551 Ridge Lane. He indicated that at the Work Session, there was some question regarding the ownership of this particular property, and staff requested the applicant submit evidence that he was, in fact, the owner of the property. He explained that the applicant is purchasing the property on a Contract for Deed, which has recently been filed, and a copy of the recorded document has been provided to the Council, therefore, staff believes there is no longer a question with regard to the ownership of the property. Community Development Director Jopke stated the subject property is located at the corner of Long Lake Road and Ridge Lane, and lies within 100 feet of the delineated wetland. He advised that the Rice Creek Watershed District staff has verified this delineation. He explained that because the property is located within 100 feet of a delineated wetland, the applicant is required to obtain a Wetland Buffer Permit from the City, and that permit may be approved by the Council, as indicated in the Code, if it meets the standards for approval. Community Development Director Jopke stated the City’s Local Water Management Plan indicates that the minimum recommended building elevation for this area is 895.2, and the applicant proposes to meet that requirement. He indicated there are no delineated wetlands on the property, therefore, no wetlands are proposed to be altered. Community Development Director Jopke explained that the City Engineer has reviewed this proposal, and has indicated that construction of the home on this lot will not have a detrimental Mounds View City Council January 10, 2000 Regular Meeting Page 8 impact upon the adjacent wetland, due to the magnitude of spacing between the structure and the wetland. The elevations indicate that the property will drain properly, and surface water will run off to the back and east side of the lot, draining toward the southeast corner of the property, and out toward the street. Community Development Director Jopke stated the Regulatory Flood Protection Level, which is the elevation that is necessary for storm water storage on the property, has been designated as 893.1. He explained that a portion of the garage will encroach upon this elevation, however, the applicant has indicated there will be additional flood storage capacity on the lot, created through the construction process. He stated the City Engineer has indicated that the grading plan is acceptable, and in keeping with the Wetland Ordinance and the City’s Local Water Management Plan. Community Development Director Jopke indicated staff has reviewed the standards presented in the ordinance, and has found that the criteria for the Wetland Buffer Permit are met, therefore, staff believes this permit could be issued. He provided a brief overview of the Council’s options for action, adding that staff has prepared a resolution of approval for consideration, if the Council so desires. Council Member Marty inquired if any of the runoff from the subject property would drain toward the wetland. Community Development Director Jopke explained that some of the water would drain back toward the property, however, a portion of the property would be excavated to contain the runoff from that particular area of the site, therefore, it would not drain into the wetland. MOTION/SECOND: Quick/Thomason. To Approve Resolution No. 5401, a Resolution Approving a Wetland Buffer Permit for Jamie Sharp, 2251 Ridge Lane, as Amended to Include Stipulation No. 7, Indicating that the Applicant or Property Owner Shall Enter into a Development Contract with the City, and Specifying the Orderly Development of the Property, and Stipulation No. 8, Containing an Indemnification Clause, and to Further Direct Staff to Execute a Development Contract with the Developer, and Include the Development Controls and Indemnification in that Document. . Council Member Marty noted the Standards for Approval listed in the previous Staff Report indicate “The area to be filled, which is shown cross-hatched on the attached survey, represents xxx cubic feet of lost flood storage capacity, defined to be that area below the 893.1 elevation. To replace this loss, the survey shows the creation of xxx additional cubic feet of flood storage capacity.” He inquired regarding the amounts that were left blank Community Development Director Jopke explained that these numbers had been included in the most recent Staff Report, and were 73.93 cubic yards, post-compaction of lost flood storage, and the creation of 89.03 additional cubic yards of flood storage capacity, which represents a 1 to 1.2 replacement of flood storage capacity. Council Member Marty stated during his campaign for office, he vowed to protect the wetlands and woodlands. He explained that due to the fact that the entire house is proposed to be constructed within the 100-foot wetland buffer area, he found this proposal very difficult to swallow. He advised that the subject property is also located within a flood plain, and he had Mounds View City Council January 10, 2000 Regular Meeting Page 9 spoken with the City Attorney regarding his concerns pertaining to the City’s possible liability, if the Council were to approve this item, and the property should flood. Mayor Coughlin stated he had received several telephone calls, and a variety of correspondence in this regard, and in light of this, it would be in order to clarify that the buffer is simply an area around a delineated wetland, which sets up a “trip-line” for the City. He explained that the City selected an arbitrary number of 100 feet within a wetland, and the City then, through its Code, claims the ability to utilize another level of scrutiny on development, so as to protect the wetlands. Mayor Coughlin stated he also had campaigned to protect the wetlands and woodlands, and being sensitive to the environment, having grown up on a farm, he was well aware that everything in nature is interrelated. He explained however, the Council must balance this, and a property owner’s right to develop his land for the best and highest use possible. Mayor Coughlin stated this is not an easy issue, and if it were, the Code would not be so voluminous, however, there has been some misunderstanding regarding the word “buffer.” He explained that if the Code had intended that no construction was to occur in the buffer, it would have simply indicated this, however, that is not the intent or the spirit of the Code. He pointed out that the buffer does not represent a “no-man’s land,” but simply that the City reserves for itself, the right to further scrutinize a site plan for building, so as to insure that the wetlands are not being affected. Mayor Coughlin stated he has had the opportunity to discuss this issue with Kate Drury, the head of the Rice Creek Watershed District, as well as a member of the Ramsey County Soil and Water Conservation group. He advised that although the Code currently indicates this, there appears to be a need to further clarify the language, therefore, he would amend the motion to indicate that the City requires that the amount of all additional surface water runoff created from the roofline footprint of the property and any additional impervious surface, will be calculated by City staff and the City Engineer, and require that within the Wetland Buffer Permit, this runoff be dealt with on-site, utilizing the best surface water management practices, which could include holding ponds, swales, and the like. Mayor Coughlin explained that the objective of this is in recognition that water running off of a roof or asphalt contains some contaminants, and this is water that previously fell down upon reeds and cattails, however, now must run elsewhere. He stated that in the past, when surface water was not addressed in terms of the larger picture, problems, such as flooding, have arisen. He explained that rather than dumping the water into the street or allowing it to run into the wetland, which would be a travesty, there should be an intermediate area, such as holding ponds, which would assist in the filtration of sediments as the water percolates down into the aquifer. He advised that wetlands should not be utilized for dumping water. Mayor Coughlin inquired if the Seconder would agree to amend the motion as indicated. Council Member Thomason agreed. Council Member Stigney noted that Page 2 of the resolution indicates that the replacement of flood storage capacity shall be at a minimum ratio of 1:1, however, the actual amount would be Mounds View City Council January 10, 2000 Regular Meeting Page 10 1.2 to 1.1. He inquired regarding the City’s standards for the replacement of flood storage capacity, and if the resolution should be amended to indicate the actual replacement ratio. Community Development Director Jopke explained that the fourth stipulation of the resolution indicates that the flood storage capacity shall be replaced at a minimum 1:1 ratio, and the applicant would exceed that amount with this proposal. He stated that if the Council desires to amend the resolution to indicate the actual replacement ratio of 1.1 to 1.2, this would be acceptable. He advised that City standards require a 1:1 ratio for the replacement of flood storage capacity. Council Member Stigney stated he also had a brief discussion with the City Attorney regarding the City’s potential liability, if flooding occurred on this property. He inquired if something could be included in the permit process or the application for the permit to hold the City harmless, in the event of such an occurrence. He advised that this should be over and above what the property owner is doing, in that if the property is sold, the new owner should be made aware that there may be some potential for flooding in the future, and if this occurs, the City would be held harmless. City Attorney Long advised that if the City issues a Wetland Buffer Permit, in this or any other case, and there is some resulting damage, they would always take the position that the City is protected by the Doctrine of Discretion and Immunity. He pointed out however, this does not imply that someone might not attempt to sue the City, and the City would be forced to litigate, therefore, as Council Member Stigney had suggested, they might consider creating some form of a hold harmless clause in the language of the permit. City Attorney Long explained that although not normally utilized for Single Family residential development, this would typically be accomplished through Section 1006.06 of the City Code, which contains development contracts that set forth all of the conditions eluded to by Mayor Coughlin, pertaining to additional stormwater runoff. He added that the development contracts typically include an Indemnification and Hold Harmless clause against the City. City Attorney Long advised that one means to address this matter would be to go one step beyond the permit, and utilize a development contract that would spell out the issues related to the storm water runoff, and include an indemnification clause. He noted that this is fairly standard practice with other types of developments, because this type of language does not exist in the Wetland Buffer Permit, per se. He advised that they could further direct staff to execute a development contract with this particular developer, and include the development controls and indemnification in that document. Mayor Coughlin inquired if the Council would therefore include a stipulation that this matter would be contingent upon the development contract. City Attorney Long explained that the Council could add a seventh stipulation to the resolution, indicating that the applicant or property owner would enter into a development contract with the City, and specifying the orderly development of the property, and also an eighth stipulation, containing the indemnification clause. Mayor Coughlin inquired if Council Member Stigney would agree to offer this as a friendly amendment. Mounds View City Council January 10, 2000 Regular Meeting Page 11 Council Member Stigney agreed. Mayor Coughlin stated he would agree to amend the motion as indicated, and inquired if the Seconder would also agree. Council Member Thomason agreed. Council Member Quick requested clarification regarding the seventh stipulation. Mayor Coughlin explained that this stipulation would indicate that all surface water would be dealt with on-site. Ayes – 4 Nays – 1 (Marty) Motion carried. Mayor Coughlin inquired if it would be the consensus of the Council to bring back before the Council for future consideration, possible amendments to the City Code, Section 1010. He explained that this would be to provide clarification and add official language that all additional surface water runoff shall be dealt with on-site, on any projects of this nature, as they come forward. The Council agreed. Mayor Coughlin requested City Administrator Whiting add this discussion to a future Work Session agenda, as the schedule permits. G. Reconsideration of Appointments of Liaisons to Commissions. Mayor Coughlin stated Council Member Stigney was not present at the previous City Council Meeting, during which the Council set the appointments of liaisons to commissions. He indicated that at this time, he had stipulated he would not execute this document until the Council was certain that Council Member Stigney was in agreement with these appointments. He explained that Council Member Stigney has indicated that the spirit of this matter is to rotate the liaison positions, and is therefore, requesting the Council reconsider this item. MOTION/SECOND: Marty/Thomason. To Reconsider Resolution No. 5394, a Resolution Appointing City Council Members and Clerk-Administrator as Representatives for City Commissions and Other Organizations. Ayes – 5 Nays – 0 Motion carried. Mayor Coughlin indicated that the current appointments were as follows: Planning Commission Mounds View Business Association Roger Stigney Dan Coughlin Gary Quick (Alternate) Chuck Whiting Parks and Recreation Commission Northwest Youth and Family Services Lynn Thomason Terri Blattenbauer Mounds View City Council January 10, 2000 Regular Meeting Page 12 Dan Coughlin (Alternate) Lynn Thomson Ramsey County League of Local League of Minnesota Cities Government Chuck Whiting Dan Coughlin Dan Coughlin Chuck Whiting National League of Cities Association of Metropolitan Municipalities Chuck Whiting Dan Coughlin Dan Coughlin Chuck Whiting Cable Commission Spring Lake Park/Blaine/Mounds View Rob Marty Fireman’s Relief Association Dan Coughlin (Alternate) Gary Quick Chuck Whiting Golf Course Committee Rob Marty Lynn Thomason Mayor Coughlin inquired if there was any commission of particular interest to Council Member Stigney Council Member Stigney explained he has already served on the Economic Development Authority, and the Parks and Recreation and Cable Commissions, and served as Liaison to the Planning Commission during the previous year. He pointed out that one year ago, the Council Members decided they would rotate these positions on an annual basis, in order to share the workload, therefore, he accepted his appointment as liaison to the Planning Commission, however, he believed it was time to rotate this position. He suggested that perhaps he and Council Member Quick could reverse their assignments as liaison, and alternate liaison, to the Planning Commission. Council Member Quick respectfully declined. He indicated he would be unable to meet this commitment. Mayor Coughlin offered as a compromise, and in recognition that the Planning Commission is probably second only to the Council, in terms of their workload, and the length of their meetings, that the Council Members rotate, and instead of assigning one particular liaison, they assign multiple liaisons. He inquired if this would be agreeable to the Council. Council Member Thomason stated she would agree to this, provided other Council Members were available to serve on a rotating basis. She indicated her situation was similar to that of Council Member Quick, in terms of this appointment. Mayor Coughlin stated he would find it acceptable to fill in on occasion, as he has done thus far, in the event that someone else is unable to attend the meeting. He inquired if it would be acceptable to rotate the entire Council. Council member Stigney stated he would agree to this. Mounds View City Council January 10, 2000 Regular Meeting Page 13 Mayor Coughlin suggested that all the Council Member’s names be placed on a list, and if someone, for scheduling reasons, was unable to attend the meeting, it would be incumbent upon that individual to contact the next individual on the list, and make arrangements to cover the regular meetings. Council Member Stigney stated this would be acceptable, as long as there is an equal distribution of the workload. He inquired how they would establish the order in which the Council Members would serve. Mayor Coughlin suggested they utilize the roll call listed on the current agenda, which indicated he would be the first to serve, and would be followed in order by Council Members Quick, Marty, Stigney and Thomason. Council Member Quick inquired regarding which day the Planning Commission meetings are held. Mayor Coughlin advised that the Planning Commission meets on the first and third Wednesday of the month. He stated that if the Council was agreeable to proceed in this manner, he would attend the next meeting of the Planning Commission, and the Council Members would continue through the list, as indicated. He reiterated that if for some reason, an individual is unable to attend, they attempt to contact another Council Member, and arrange to cover this meeting, as it is good to maintain contact with these groups, which are the grassroots heartbeat of the City. MOTION/SECOND: Stigney/Thomason. To Approve Resolution 5394, a Resolution Appointing City Council Members and Clerk-Administrator as Representatives for City Commissions and Other Organizations, as Amended to Indicate that All City Council Members Serve as Liaison to the Planning Commission, on a Rotating Basis. Ayes –5 Nays –0 Motion carried. 11. Next Council Work Session: Monday, February 7, 2000 – 6:00 P.M. Next Council Meeting: Monday, January 24, 2000 – 7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 7:55 p.m. Transcribed and recorded by: Trish Pearson TimeSaver Off Site Secretarial, Inc. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 07B-Contractor License Approvals (Barb Benesch).doc Item No. Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: January 24, 2000 Please consider the following contractor licenses for approval. The licenses listed will expire on December 31, 2000. All applicants have submitted appropriate fees and proof of insurance. Licenses are noted with a ΑNew≅ or ΑRenewal≅ after the company name. Those licenses defined as Αnew≅ include all applicants that have never been licensed with the City or have not been licensed within the past two years. Those defined as Αrenewal≅ were licensed in the last half of 1999. EXCAVATING Frattalone Paving, Inc. - Renewal HVAC Aire Serv Heating & Air Conditioning – New Condor Fire & Stone - Renewal Faircon Service – New Gilbert Mechanical - Renewal K’s Mechanical - New Peterson & Pinney, Inc. – New Reliant Energy (Minnegasco) - Renewal Royalton Heating & Cooling – Renewal St. Marie Sheet Metal - Renewal GENERAL (COMMERCIAL) Kraus-Anderson Construction Company – Renewal Staff Recommendation: Approve license applications as requested. Item No. Staff Report No. Meeting Date: January 24, 2000 Type of Business: C.B. 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: Rick Jopke, Community Development Director Title/Subject: Second Reading and Adoption of Ordinance No. 637, An Ordinance Amending Section 1008 of the Mounds View Municipal Code to Set Signage Standards in the PF (Public Facilities) and CRP (Conservancy, Recreational, and Preservation) Zoning Districts Date of Report: January 20, 2000 BACKGROUND The current code does not list any permitted signage or standards in either of these districts. The draft ordinance allows signs consistent with neighborhood business districts and with the pedestal sign requirements in Section 1008.01 Subdivision 6 in the PF and CRP districts. Signage allowed would include 100 square feet of signs on the building and a 340 square foot pedestal sign for each street frontage. If the site has more than 100 feet of frontage an additional 100 square foot pedestal sign would be allowed. Any pedestal sign which is within 100 feet of a single family residence cannot exceed 40 square feet, however. This is open for discussion. The amount of signage allowed may be more than necessary. The existing signage at parks in a neighborhood setting appears to range from 18 to 20 square feet total sign area while the main City Hall sign is approximately 128 square feet in area. The total freestanding signage at the Community Center appears to be approximately 90 square feet. Signage at the golf course has been at times as much as 130 square feet. The City Council held a public hearing and gave first reading approval on September 13, 1999 to Ordinance No. 637, an ordinance amendment to allow signs in the PF Public Facilities and CRP Conservancy, Recreational and Preservation zoning districts. Second reading has been delayed pending completion of the process of considering Ordinance No. 644 that was the ordinance to allow billboards in certain areas of the City. There was concern that language in ordinance 637 may be inconsistent with language in Ordinance 644. The double underlined language in Ordinance No. 637 has been added since the first reading of the ordinance to remove this inconsistency. PLANNING COMMISSION RECOMMENDATION: The Planning Commission considered this matter on August 4, 1999 unanimously approved Planning Commission Resolution No. 592 that recommends approval of ordinance 637. RECOMMENDATION: Staff recommends that the City Council give second reading to and adopt the attached Ordinance No. 637. _____________________________________ Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\CITYCOUN\CCRESORD\012400ord624 report.doc ORDINANCE NO. 637 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1008 (SIGNS AND BILLBOARDS) OF THE MOUNDS VIEW MUNICIPAL CODE PERTAINING TO PERMITTED SIGNAGE IN PF PUBLIC FACILITIES AND CRP CONSERVANCY, RECREATION, PRESERVATION ZONING DISTRICTS; PLANNING CASE SP-073-99 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1008.08, Subdivision 2 of the Mounds View Municipal Code is hereby amended by adding the following new paragraphs m and n. The proposed additions are underlined and italicized and deletions struck out and italicized, respectively, to read as follows: m. PF Public Facilities District: Signs not exceeding 100 square feet total per building. In addition pedestal signs are allowed in accordance with Section 1008.01, Subdivision 6 except that no permit shall be granted for any pedestal sign of more than forty (40) square feet within one hundred feet (100') of any single family residence. Except as otherwise provided in this Section, such signs shall identify and relate to the activities that are intended to occur on the site. n. CRP Conservancy, Recreation, Preservation: Signs not exceeding 100 square feet total per building. In addition pedestal signs are allowed in accordance with Section 1008.01, Subdivision 6 except that no permit shall be granted for any pedestal sign of more than forty (40) square feet within one hundred feet (100') of any single family residence. Except as otherwise provided in this Section, such signs shall identify and relate to the activities that are intended to occur on the site. SECTION 2. This Ordinance goes into effect thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this 13th day of September, 1999. Read and passed by the City Council of the City of Mounds View on this ____ day of _____, 1999. ____________________________________ Dan Coughlin, Mayor ATTEST: ____________________________________ Charles S. Whiting, City Clerk/Administrator (SEAL) APPROVED AS TO FORM: ____________________________________ City Attorney M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 10B-Reso 5410 Adopting ROW Permit Fee (Mike Ulrich).doc Item No. Staff Report No. Meeting Date: January 24, 2000 Type of Business: C.B. 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: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Resolution No. 5410, Resolution Adopting Right-of-Way Permit Fee Schedule Date of Report: August 29, 2018 Several weeks ago the City Council adopted the new Right-of-Way (ROW) Ordinance. Through this Ordinance the City has the right to manage and permit Independent Utility Companies to utilize the public ROW. Staff has consulted with the City Attorney, Jim Strommen, to develop the ROW Permit Fee Schedule. Jim has provided staff with a couple of established schedules for review. Staff has reviewed them and has selected the City of New Brighton’s model as a good fit for the City of Mounds View. The supporting permit documents accompany this staff report with the resolution to adopt the Permit Fee Schedule. _________________________________ Michael Ulrich, Director of Public Works RECOMMENDATION: Council adopt Resolution No. 5410, Resolution Adopting Right-of- Way Permit Fee Schedule C:\Mike's documents\staff reports\ROW Rules Strpt.doc M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 10B-Reso 5410 Adopting ROW Permit Fee (Mike Ulrich).doc RESOLUTION NO. 5410 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING RIGHT-OF-WAY PERMIT FEE SCHEDULE WHEREAS, the City Council of the City of Mounds View has adopted a Right-of-Way (ROW) Ordinance that will govern the City’s public Right-of-ways; and WHEREAS, this Ordinance provides a means or permitting and tracking the installation and repairs of current and future utilities within the ROW; and WHEREAS, the City is permitted to establish a Regulations and a Permit Fee Schedule for managing its’ right-of-ways; and WHEREAS, the Rules, Regulations and Fee Schedule attached as Exhibit A establishes the aforementioned. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the Council adopts the Rules, Regulations and Fee Schedule as identified in Exhibit A as the City of Mounds View’s ROW Fee Schedule Adopted this 24th day of January, 2000. ATTEST: ______________________________ Dan Coughlin, Mayor (SEAL) ______________________________ Mike Ulrich, Acting Clerk/Administrator M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 10B-Reso 5410 Adopting ROW Permit Fee (Mike Ulrich).doc CITY OF MOUNDS VIEW RULES AND REGULATIONS FOR EXCAVATION AND OBSTRUCTION PERMITS PERMIT PROCEDURES 1. Except as otherwise permitted, utility construction and relocation on City right-of-way shall not be commenced until an application for a permit has been made and such permit granted. All permit applications shall include a map of the right-of way showing the proposed work all properly labeled and dimensioned. 2. Payment for excavation or obstruction permit fees shall be billed to applicants quarterly. Permit costs are as follows: Registration Fee $25 Excavation Permit Fee $125 Obstruction Permit Fee $50 (not required with excavation permit) Permit Extension $25 Delay Penalty $10 per day plus $25 permit extension fee 3. Permitee shall furnish Certificate of Insurance with completed permit forms and permit fee. The certificate of insurance must include: workers' compensation coverage (workers' compensation insurance requirements may be waived if the applicant is self-employed); and liability coverage in the amount of $100,000/person, $300,000/occurrence, $100,000/property damage 4. All Right-of-way Permit Applications shall be reviewed by the Mounds View Public Works Director and approved as submitted or with special conditions if deemed necessary. A copy of the approved permit application shall be returned to the applicant. A permit application is not a valid permit to proceed with the work unless it bears the signature of the Public Works Director authorizing the work. 5. Permit is valid for the dates and extent of work listed. Supplemental permits must be obtained if the time of completion or extent of work changes from that listed. 6. The City may require the Utility, or its contractor, to furnish a deposit in the form of a certified check, a surety bond or corporate undertaking in favor of the City of Mounds View for any expense incurred by the City in the repairing of damage to any portion of the City right-of-way caused by work performed under a Permit, including any out of the ordinary engineering supervision and inspection expense provided by the City. In those instances wherein a deposit is required, the amount of the deposit shall be specified in the special conditions of the Permit. If a check is furnished, any monies remaining over and above such expense shall be returned by the applicant. 7. All work performed under the permit shall be made in conformity with all applicable laws, regulations, and codes covering said installation. 8. The Permit as issued does not in any way imply an easement on private property. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 10B-Reso 5410 Adopting ROW Permit Fee (Mike Ulrich).doc 9. A Utility may perform service and maintenance operations on City streets including opening and disturbing the surface of the right-of-way without prior approval in those instances where an emergency exists that is dangerous to the life or safety of the public and which requires immediate repair. The Utility shall take all necessary and reasonable safety measures to protect the traveling public and shall notify the Public Works Director at the earliest possible moment. 10. The Utility shall assume all liability for, and save the City, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the work to be done herein and the continuing uses by the Utility, including but not limited to the placing, constructing, reconstructing, maintaining and using of said utility under this application and Permit. RESTORATION PROCEDURES 1. Upon completion of an installation, the Utility shall restore the right-of-way to its original condition. The extent of the restoration of street surfacing will depend upon the age of the in-place street surfacing, as shown on Plate 1 City of Mounds View, Street Restoration Procedures for Utility Holes and Trenches. The Utility shall then notify the office of the Public Works Director of the completion of the work so that inspection can be made to determine its acceptability. 2. No open cutting of City streets shall be allowed except as specifically authorized in a valid permit approved by the Public Works Director. 3. All crossings of the roadbeds of the City shall be made by boring inside a casing or carrier pipe, or by jacking, unless this procedure is modified in the special conditions of the Permit. The auger shall not lead the casing or carrier pipe by more than one inch. All voids caused by jacking or boring shall be filled by pressure grouting with a sand-cement slurry. 4. Underground installations shall be accomplished without damaging or destroying the principal root structure of specimen trees. 5. Backfilling of trenches will be completed to 95% of standard proctor density or as approved by the engineer. The Public Works Director may require compaction tests at the expense of the Permitee and may require nonconforming materials or construction to be removed and replaced at the expense of the Permitee. 6. Permitee shall be responsible for the work pursuant to City ordinance. If settlement occurs due to utility installation in the pavement, curb, or boulevard within two years from the completion date of the permit, the permit holder shall repair or replace the defective area with similar material to the satisfaction of the Public Works Director. 7. All waterways and lines of drainage shall remain operative. 8. Wherever topsoil and sod are disturbed, they shall be replaced and maintained satisfactorily until the turf is established. 9. The utility facility and installation shall not interfere with any existing utility facilities on the right-of- way. 10. When necessary, barricades, warning devices and flagmen shall be provided by the Utility during all phases of their construction and maintenance operations on the right-of-way. C:\Mike's documents\staff reports\ROW Rules & Regs.doc M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 10B-Reso 5410 Adopting ROW Permit Fee (Mike Ulrich).doc M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 10C-Reso 5411 Amending Personnel Policy Manual (Givonna Reed).doc Item No.: 10C Meeting Date: 01/24/00 Type of Business: CB 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: Givonna Reed, Assistant to the City Administrator Title/Subject: Resolution 5411, Amending the Personnel Policy Manual Date of Report: January 24, 2000 BACKGROUND At the December 6,1999 worksession the Council was provided a memo from Karen Carlson of Kennedy and Graven containing her comments and recommendations regarding the City’s Personnel Policy Manual. Ms. Carlson indicated in her memo of December 3,1999 that she had concerns about whether the City could terminate health care benefits after an employee had been on workers’ compensation leave for six months. Upon further review and consultation with the League of Minnesota Cities’ legal staff, it has been determined that the subparagraph under Section 2.15 entitled “Insurance Continuation” should be deleted. Said subparagraph provides that “An employee on workers’ compensation will continue to receive their existing health care benefits (health and life) for up to six months.” It has also been recommended that Section 2.10M, which makes reference to “Insurance Continuation”, be deleted as well. The City is being advised by Ms. Carlson that it cannot establish a blanket policy for terminating the benefits of employees who are on workers’ compensation leave. Such situations must be addressed on a case-by-case basis. RECOMMENDATION: Adopt Resolution 5411 removing from the Personnel Policy Manual the subparagraphs under Section 2.15 and Section 2.10M entitled “Insurance Continuation”. _______________________________________ Givonna Reed, Assistant to the City Administrator M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\01-24-00\Item No. 10C-Reso 5411 Amending Personnel Policy Manual (Givonna Reed).doc RESOLUTION NO. 5411 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 5411 ADOPTING CHANGES TO THE CITY OF MOUNDS VIEW PERSONNEL POLICY WHEREAS, the Mounds View City Council adopted a new City of Mounds View Personnel Policy by resolution dated December 13, 1999; and WHEREAS, at the time of adoption of the Personnel Policy, further review was being made by the City’s legal counsel as to issues involving insurance continuation for an employee receiving workers’ compensation benefits; and WHEREAS, the City has been advised by the City’s legal counsel that the following provisions in the Personnel Policy pertaining to insurance continuation for an employee receiving workers’ compensation benefits are legally impermissible and should be removed: The subparagraph of Section 2.10 M entitled “Continuation of Insurance,” which states: The City’s contribution to eligible employees for health, life and long-term disability will be paid for the first six months an employee receives Workers’ Compensation benefits. The subparagraph of Section 2.15 entitled “Insurance Continuation,” which states: An employee on workers’ compensation will continue to receive their existing health care benefits (health and life) for up to six months. NOW, THEREFORE, BE IT RESOLVED by the Mounds View City Council that the above-referenced provisions are deleted from the City of Mounds View Personnel Policy. Adopted this 24th day of January, 2000. ATTEST: ____________________________________ Dan Coughlin, Mayor (SEAL) ____________________________________ Charles S. Whiting, City Clerk-Administrator