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HomeMy WebLinkAboutAgenda Packets - 2000/08/07M:\MasterFiles\1999 thru 2010\2000\City Council\Work Session Packets\08-07-00\Agenda -- Work Session.doc CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA August 7, 2000 6:00 p.m. Items Discussed Per Consensus _______ 1. Discussion and Review of the Proposed Mermaid General Concept Plan for a 96-Room Hotel and 500 seat Banquet Center Expansion – Jim Ericson _______ 2. Discussion of regional storm water retention pond funding to facilitate proposed Mermaid Hotel and Banquet Center expansion - Aaron Parrish _______ 3. Discussion and Review of Proposed Mounds View Economic Development Project and Tax Increment Financing Plan Amendments - Aaron Parrish _______ 4. Continued Golf Course discussion. _______ 5. Review Ordinance 663, an Ordinance Creating Licensing and Siting Requirements to Administer and Regulate Tattoo and Body Piercing Establishments in the City. ________ 6. CALL TO ORDER FOR THE FOLLOWING ITEMS: A. ACCEPT COUNCILMEMBER LYNN THOMASON’S LETTER OF RESIGNATION AND CONSIDER RESOLUTION CREATING A VACANCY B. OFFER OF EMPLOYMENT TO MS. KATHLEEN MILLER C. ADOPT EMERGENCY ORDINANCE 667, AND ORDINANCE AMENDING ORDINANCE 653 TO EXTEND BY 90 DAYS THE MORATORIUM PERTAINING TO TATTOO AND BODY PIERCING ESTABLISHMENTS WITHIN THE CITY (ROLL CALL VOTE) M:\MasterFiles\1999 thru 2010\2000\City Council\Work Session Packets\08-07-00\Agenda -- Work Session.doc Work Session Agenda August 7, 2000 Page –2- D. SET A PUBLIC HEARING FOR 7:20 P.M., MONDAY, AUGUST 14, 2000, TO CONSIDER RESOLUTION 5461, A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN FOR THE MERMAID PLANNED UNIT DEVELOPMENT ________ 7. Discussion of School Resource Officer Request – Police Chief ________ 8. Discussion and review of a preliminary request for a limited use agreement for property located at 2261 Hillview Rd. – Jim Ericson ________ 9. Highway 10 Steering Committee Report – Rick Jopke ________ 10. Discussion of Water Service Repair Policy – Michael Ulrich _________ 11. Presentation of Street Reconstruction / Project Map and Plan – Michael Ulrich Item No: 1 Meeting Date: August 7, 2000 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planner Item Title/Subject: Discussion Regarding General Concept Plan For A Hotel And Banquet Center Addition To The Mermaid Entertainment Complex, 2200 Highway 10. Date of Report: August 2, 2000 Background: Dan Hall, representing The Mermaid, is requesting City approval of a general concept plan to construct a 97-room hotel and a 500-seat banquet center to be attached to and integrated with the existing complex. The general concept plan is the first stage of a planned unit development (PUD) process. The advantage to this stage is that the developer is allowed to bring forth a general site plan for City review and consideration without the need to have all of the other components prepared. If the City approves the concept plan, the developer would then prepare the balance of the submittal (landscaping, detailed site plans, drainage, signage, elevations, photometric analysis, etc.) for city consideration, which is referred to as the development stage of the PUD. Both stages (concept and development stages) require a public hearing. Discussion: The concept of a hotel development and banquet center at the Mermaid is not a new one. The owners of the Mermaid have for six years or more contemplated this type of expansion, investigated potential partners and franchise opportunities. Throughout this time, there have been informal discussions with previous Councils and Planning Commissions regarding the potential for this type of expansion. To staff’s knowledge, the concept has always been favorably considered. Mr. Hall has applied for tax increment financing on the project, and on June 5, 2000, the City Council directed staff to work with the Mermaid to finalize the finance package. The City Council has been provided with a set of plans date-stamped August 3, 2000 for the proposed expansion. They include an existing condition plan, an existing condition topographic survey, a proposed conditions site plan and a proposed condition site plan encompassing both the project area as well as the Mounds View Business Park South development. The total area of the proposed PUD is 11 acres, which includes the three existing Mermaid Parcels, the Rent-All parcel, the Perkins Parcel, Music Off 10 and the dry holding pond associated with the business park development. Mermaid PUD August 7, 2000 Page 2 (The minimum requirement for a commercial PUD is 5 acres.) The existing business park access drive from County Road H would be shifted to the west to maximize the contiguous parking area for the proposed development. The hotel is planned to be a four story, 96-unit AmericInn. Attached to the hotel would be a “water park” which would offer in addition to the pool and waterslide, hot tub and sauna, a spacious lounge area (the “plaza”). Attached to the hotel and the existing Mermaid facilities would be the 14,714 square foot banquet center, which would provide seating for as many as 500 people. Because of the number of parcels involved in this PUD, a major subdivision is required which will plat the entirety of development area. With every subdivision, according to Section 1204.02, a park dedication fee shall be imposed. Utilizing Ramsey County tax data, the land value of subject parcels is approximately $840,000 which would thus necessitate an $84,000 dedication fee. However, because this is an expansion of an existing development, and less a subdivision and more a combination of parcels, the Council could consider reducing or waiving this fee, if it so desires. On July 19, 2000, the Planning Commission held a public hearing and approved Resolution 626-00, a resolution which recommends approval of the general concept plan subject to a plan revision to indicate a minimum 5 foot parking lot setback along Highway 10 and County Road H. Another Public Hearing has been published for the Council’s August 14th meeting. Recommendation: No action is required for this meeting, other than to announce that a public hearing will be held by the City Council at 7:20 p.m., Monday, August 14, 2000. If the Council has any questions, suggestions or recommendations as to the general concept plans or the yet-to-be-submitted development stage plans, please let staff know. _____________________________________ James Ericson, Planner Attachment: 1. Planning Commission Resolution 626-00 Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 3 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 626-00 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF THE GENERAL CONCEPT PLAN REGARDING THE PROPOSAL TO CONSTRUCT A HOTEL AND BANQUET CENTER AT THE MERMAID, LOCATED AT 2200 HIGHWAY 10; PLANNING CASE NO. ZC00-003 WHEREAS, Dan Hall, representing The Mermaid, Inc., has made application for a Planned Unit Development (PUD) and is requested approval of the PUD general concept plan; and, WHEREAS, The Mermaid is located at 2200 Highway 10 and is currently zoned B-3, Business Commercial; and, WHEREAS, the PIN numbers of the properties associated with this PUD proposal are as follows: 08-30-23-43-0006 - Mermaid 08-30-23-43-0007 - Mermaid 08-30-23-43-0008 - Mermaid 08-30-23-43-0009 - Rent All 08-30-23-43-0010 - Perkins 08-30-23-43-0005 - Music Off 10 08-30-23-43-0023 - Mounds View Business Park South Condo (part) WHEREAS, a public hearing notice was published in the official City newspaper on July 13, 2000, and notices mailed to property owners within 350 feet of the subject properties; and, WHEREAS, the Mounds View Planning Commission has reviewed Chapter 1120 of the Mounds View Municipal Code pertaining to planned unit developments; and, WHEREAS, the Mounds View Planning Commission has reviewed the land use component of the Comprehensive Plan relative to this request; and, WHEREAS, The Mounds View Planning Commission has reviewed the site plans date- stamped June 30, 2000, relative to this request. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission finds that the general concept plan of the proposed planned unit development is consistent with Mermaid PUD August 7, 2000 Page 4 the Comprehensive Plan and the Municipal Code and recommends approval of said plan with the following stipulation(s): 1. The Site Plan shall be revised prior to development review submission to reflect a minimum five-foot parking lot setback along both County Highway 10 and County Road H. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of July, 2000 _________________________________________ Jerry Peterson, Chairperson Attest: ____________________________________ Rick Jopke, Community Development Director E:\DATA\GROUPS\COMDEV\DEVCASES\Mermaid Hotel (ZC00-003, DE00-003, MA00-002)\Resolution 626-00.doc Item No. 2 Meeting Date: August 7th, 2000 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; EDA: EDA Business City of Mounds View Staff Report To: Mounds View Mayor and City Council From: Aaron Parrish, Economic Development Coordinator Item Title/Subject: Discussion of Regional Storm Water Retention Pond Funding to Facilitate Proposed Mermaid Hotel and Banquet Center Expansion Date of Report: August 29, 2018 Background: As a component of the Mermaid redevelopment, a regional storm water retention pond has been proposed off of County Road H. At this point, storm water from the highlighted parcels below flow into Rice Creek relatively untreated, making it one the largest areas of untreated storm water run off in the City. The following map is illustrative: It is anticipated that the pond will be located on Metropolitan Council and School District property. Based on preliminary discussions, both of the aforementioned property owners appear to be receptive to the plan. From a financial perspective, it is estimated that construction and engineering costs will total approximately $441,610. However, it may be slightly higher or lower based on several unknown variables at this point. To finance the project, the City, in conjunction with the developer, applied for and received a $333,333 Redevelopment Grant from the Minnesota Department of Trade and Economic Development. Ramsey County has also indicated that they would be willing to contribute approximately $50,000 to $60,000 since the retention pond will have the capacity to treat storm water runoff for a portion of County Road H. Based on the County’s tentative commitment and the existing Redevelopment Grant, there is still approximately $60,000 that needs to be contributed toward the project. However, this amount may be significantly higher or lower depending on final engineering and intergovernmental cooperation. As Council may be aware, the developer recently discovered that there will be significant soil corrections necessary to proceed with the construction of the Hotel. These corrections could include the replacement of existing soil with engineered fill and additional structural reinforcement. Preliminary cost estimates indicate that this could add an additional $800,000 to the project budget. Accordingly, the developer has inquired about the possibility of the City assuming responsibility for the remainder of costs associated with the regional storm water retention pond. If the City were to assume responsibility for the remaining project costs, it is anticipated that pooled TIF funds could be utilized. On an unrelated note, Community Development staff recently completed an estimate of permit fees for the project. Permit fees for the Mermaid redevelopment are estimated as follows: Fee Estimate: Mermaid Hotel and Banquet Center Permit Fee Cost Building Permit $21,359 Plan Check $13,883 State Surcharge $1,550 Met Council Service Availability Charge (SAC) $49,456 Storm Water Management (SWM) $4,092 Park Dedication $81,950 Water $50 Sewer $25 Heating (Value Dependent) N/A Plumbing (Dependent on # of Fixtures, $7 per fixture ) N/A Electrical (State Permit) N/A TOTAL FEES: $172,365 This information has been provided for reference only. Actual fees will be calculated based on building plans and specifications. The developer has expressed some concern regarding park dedication fees. It should be noted that the City has not recently waived or reduced park dedication fees on commercial projects such as Holiday, Building N, or the theatre. However, one option might be to use park dedication fees to finance any trail improvements that may be required for the project. Necessary Actions: Provide staff direction on financing the proposed regional storm water pond. ______________________________________ Aaron Parrish, Economic Development Coordinator (763) 717-4029 Item No: 5 Meeting Date: August 7, 2000 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planner Item Title/Subject: Review of Proposed Ordinance 663, an Ordinance Creating Licensing and Siting Requirements to Administer and Regulate Tattoo and Body Piercing Establishments. Date of Report: August 2, 2000 Background: As the Council is aware, the Mounds View Municipal Code does not at this time address tattoo or body piercing establishments. In order to adequately research this issue, Ordinance 653 was adopted on February 14, 2000 to prohibit any tattoo shops or body piercing establishments to be located in the City for a period of six months. The Planning Commission has discussed possible language and requirements for such uses, and at their meeting on August 2, 2000, approved Resolution 629-00, a resolution which recommends adoption of Ordinance 663. Because the six-month period will expire on August 14, 2000, however, legal counsel has recommended that the City Council call to order on August 7, 2000, to adopt Ordinance 667, amending Ordinance 653 by extending the moratorium date three additional months. Discussion: With the assistance of the city attorney and staff, the Planning Commission has drafted an ordinance which creates licensing provisions and zoning allowances for tattoo, body piercing, body branding, body painting and body scarring establishments. In addition to creating licensing requirements, the ordinance is drafted to allow such uses in the B-2, B-3 and B-4 commercial districts. They would be allowed unconditionally (i.e., no conditional use permit would be required) so long as certain specific requirements were satisfied. Recommendation: Staff is requesting that the City Council review the ordinance and make any suggestions and or corrections prior to its first reading, scheduled for August 14, 2000. _____________________________________ James Ericson, Planner Redevelopment of 2225 Hillview Road February 7, 2000 Page 2 P:\DATA\GROUPS\COMDEV\SPECPROJ\SP075-00\CC Report - Aug 7, 2000.doc Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 3 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 629-00 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF PROPOSED ORDINANCE 663, AN ORDINANCE CREATING LANGUAGE TO ADMINISTER AND REGULATE TATTOO AND BODY PIERCING ESTABLISHMENTS WITHIN THE CITY OF MOUNDS VIEW; SPECIAL PLANNING CASE SP-075-00 WHEREAS, the Mounds View Planning Commission has reviewed proposed Ordinance 663, an ordinance creating language to administer and regulate tattoo and body piercing establishments within the City of Mounds View; and, WHEREAS, the Mounds View Planning Commission, after significant discussion, believes the proposed ordinance to be in the best interest of the health, safety and well-being of the community and is in keeping with the overall spirit and intent of the Mounds View Municipal Code; and, WHEREAS, the Mounds View Planning Commission asserts that the proposed ordinance is consistent with the land use goals and policies addressed in the Mounds View Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends to the Mounds View City Council adoption of proposed Ordinance 663. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 2nd day of August, 2000. __________________________________________ Jerry Peterson, Chairperson ATTEST: __________________________________________ Rick Jopke, Community Development Director (SEAL) Redevelopment of 2225 Hillview Road February 7, 2000 Page 4 H:\DATA\GROUPS\COMDEV\SPECPROJ\SP075-00\RESOLUTION 629-00.DOC Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 5 ORDINANCE NO. 663 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE TO ENACT A NEW CHAPTER OF THE MOUNDS VIEW CODE OF ORDINANCES TO ADMINISTER AND REGULATE TATTOO, BODY PIERCING, BODY BRANDING, BODY SCARRING AND BODY PAINTING ESTABLISHMENTS AND TO REVISE TITLE 1100 (THE ZONING CODE) PERTAINING TO SUCH USES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Title 500 of the Mounds View Municipal code shall be amended by the creation of a new Chapter 515 as follows: Chapter 515 Tattoo, Body Piercing, Body Branding, Body Scarring And Body Painting Establishments SECTION: 515.01. Findings, Purpose and Intent 515.02. Definitions 515.03. License Required 515.04. General Rule 515.05. License Application 515.06. Application and Investigation Fees 515.07. Application Verification and Consideration 515.08. Persons Ineligible for a License 515.09. Locations Ineligible for a Tattoo and Body Piercing Enterprise License 515.10. General License Requirements 515.11. Health and Sanitation Requirements 515.12. License Terms, Renewals 515.13. Suspension; Revocation 515.14. Temporary Tattooing, Body Piercing, Body Branding, Body Scarring Or Body Painting Event License. 515.01: FINDINGS, PURPOSE AND INTENT: The purpose of this section is to regulate the business of tattooing, body piercing, body branding, body scarring or body painting Redevelopment of 2225 Hillview Road February 7, 2000 Page 6 in order to protect the health and welfare of the general public. The City Council finds that the experience of other cities indicates that there is a connection between tattooing and hepatitis and other health problems. The City Council finds that stringent regulations governing tattooing can minimize the hepatitis and disease risk and therefore protect the general health and welfare of the community. 515.02: DEFINITIONS: The following definitions apply in this Chapter of this Code. References hereafter to “sections” are, unless otherwise specified, references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. “Body piercing” means any method of puncturing the skin of a person by the aid of needles or other instrument designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body. “Body piercing” shall not refer to any medical procedure performed by a licensed physician or medical specialist. “Body branding” means impressing or burning a mark or figure on the skin of a person with a hot object or flame. “Body painting” means applying color, pigment or paint to an area of the skin that exceeds three square inches. “Body scarification or scarring” means any method by which a scar is applied to or left upon a body. “Clean” means the absence of dirt, grease, rubbish, garbage, odor and other offensive, unsightly, or extraneous matter. “Good repair” means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. “Enforcement officer” means the Chief of Police or designee. “Operate” means to own, manage or conduct, or to have control, charge or custody over. “Specialist” means that person performing the tattooing, piercing, branding or painting within a licensed tattoo and body piercing enterprise. “Tattoo and body piercing enterprise” means a place of business where all or some of the following services are provided to the public for consideration: tattooing, body piercing, body branding, body scarring or body painting. “Tattooing” means the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 7 515.03: LICENSE REQUIRED: Subd. 1. Tattoo and Body Piercing Establishment License: It is unlawful to operate, offer, engage in or carry on tattooing, body piercing, body scarring, body branding or body painting without a tattoo and/or body piercing license. Subd. 2. Tattoo and Body Piercing Specialist License: It is unlawful to practice, administer or provide tattoo, body piercing, body scarring or body branding services in the City without a tattoo and/or body piercing specialist license 515.04. GENERAL RULE: The owner or operator of a licensed tattoo and body piercing establishment may employ only licensed tattoo and body piercing specialists to provide tattoo, piercing, branding, scarring or painting services. The owner or operator of a licensed tattoo and body piercing enterprise need not be licensed as a tattoo and body piercing specialist unless that owner or operator personally provides tattoo, piercing, branding, scarring or body painting services. 515.05: LICENSE APPLICATION: Subd. 1. Tattoo and Body Piercing Establishment License: The application for a tattoo and body piercing establishment license must contain the following information: a. For all applicants: (1) Whether the applicant is an individual, corporation, partnership or other form of organization; (2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) The floor number, street number and rooms where the tattoo, piercing, branding, scarring or bady painting services are to be conducted; (4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; (5) If the application is for a premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) The name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; Redevelopment of 2225 Hillview Road February 7, 2000 Page 8 (7) Any other information that the City Council may require. b. For applicants who are individuals: (1) The name and date of birth and of the applicant and applicant's residence address; (2) If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) Residence addresses of the applicant during five (5) years preceding the date of application; (4) The type, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; (5) Names and addresses of the applicant's employers for the preceding five (5) years; (6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; (7) If the applicant has ever been engaged in the operation of tattoo, piercing, branding, scarring or body painting services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: (1) The names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1b of this Section; (2) The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; (3) A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. The license--if issued--will be in the name of the partnership. d. For applicants that are corporations: (1) The name of the organization, and if incorporated, the state of incorporation; (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 9 certificate of authority as described in Minnesota Statutes, section 303.02; (3) The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subdivision lb; (4) A list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision 1b of this Section. Subd. 2. Tattoo and body piercing specialist license: The application for a tattoo and body piercing specialist license must contain the following information: a. The applicant's name and address; b. The applicant's current employer; c. The applicant's employers for the previous five (5) years, including employer's name, address and dates of employment; d. The applicant's residence address for the previous five (5) years; e. The applicant's social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; h. Evidence that the applicant: (1) Has current insurance coverage over one million dollars ($1,000,000.00) for professional liability in the practice of tattooing, piercing, branding, scarring or body painting; (2) Is affiliated with, employed by or owns a tattoo and piercing enterprise licensed by the City; (3) Whether the applicant holds a current tattooing, body piercing, body branding, body scarring or body painting license from any other governmental unit; (4) Whether the applicant has previously been denied a tattooing, body piercing, body branding, body scarring or body painting license from any other governmental unit. Redevelopment of 2225 Hillview Road February 7, 2000 Page 10 (5) Any other information that the City Council may require. 515.06: APPLICATION AND INVESTIGATION FEES: The fees for tattoo and piercing enterprise and specialist licenses are set forth from time to time by City Council resolution. An investigation fee will be charged for tattoo and piercing enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. 515.07: APPLICATION VERIFICATION AND CONSIDERATION: Subd. 1. Tattoo and piercing enterprise license: The Clerk-Administrator must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this Section. Within ninety (90) days of receipt of a complete application and fee for a tattoo and piercing enterprise license, the Clerk- Administrator must make a written recommendation to the City Council as to issuance or non- issuance of the license. The City Council may order additional investigation if it deems it necessary, but must grant or deny the application within one hundred twenty (120) days of receipt by the Clerk-Administrator of the complete application and required fees. Subd. 2. Tattoo and piercing specialist license: Within ninety (90) days of receipt of a complete application and fee for a tattoo and piercing specialist license, the Clerk-Administrator must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter will be placed on the next available City Council agenda. 515.08: PERSONS INELIGIBLE FOR LICENSE: Subd. 1. Tattoo and Body Piercing Enterprise License: A tattoo and body piercing enterprise license may not be issued to an individual who: a. Is a minor at the time the application is filed; b. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; c. Does not have the legal authority to be employed in the United States; d. Is not of good moral character or repute; Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 11 e. Is not the real party in interest of the enterprise; f. Has misrepresented or falsified information on the license application. Subd. 2. Tattoo and Body Piercing Specialist License: A tattoo and body piercing specialist license may not be issued to a person who could not qualify for a tattoo and body piercing enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a tattoo or body piercing enterprise license. 515.09: LOCATIONS INELIGIBLE FOR TATTOO AND BODY PIERCING ENTERPRISE LICENSE: Subd. 1. A tattoo and body piercing enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01-278.13, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. Subd. 2. Zoning Compliance: A tattoo and body piercing enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. 515.10: GENERAL LICENSE REQUIREMENTS: Subd 1. General licensing requirements are as follows: Tattoos on minors. No person shall tattoo, pierce, scar, brand or paint any person under the age of 18 except in the presence of, and with the written permission of, the parent or legal guardian of such minor. Prohibition on license transfer. The license granted is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place-to-place or from person-to-person without first complying with the requirements of an original application, except in the case in which an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. Hours of operation. A licensee shall not be open for business for tattooing before 8:00 a.m. nor after 10:00 p.m. Licensed premises. The tattoo, body piercing, body branding, body scarring, body painting Redevelopment of 2225 Hillview Road February 7, 2000 Page 12 enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Clerk-Administer. Adherance to Codes. The tattoo, body piercing, body scarring, body branding, body painting enterprise shall comply with applicable Minnesota Statutes and all titles, chapters and sections of the Mounds View City Code, including those expressly stated as follows: Chapter 513, Adult Establishments; Section 514.11, Subd. 5, regarding prohibited massages; and Title 600, Public Health and Safety. Effect of license suspension or revocation. No person shall solicit business or offer to perform tattooing, body piercing, body branding, body scarring or body painting services while under license suspension or revocation by the City. Maintenance of order. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. Employee lists. The licensee shall provide to the Clerk-Administrator a list of employees who perform tattooing, body piercing, body branding body scarification or body painting at the licensed establishment and shall verify that each employee has received a copy of Chapter 515. Liability insurance. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered in the licensed business by a liability insurance policy. The minimum limits of coverage for such insurance shall be: (1) Each claim, at least $200,000; (2) Each group of claims, at least $500,000. Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City. 515.11: HEALTH AND SANITATION REQUIREMENTS: Subd. 1. No person shall engage in the practice of tattooing, body piercing, body branding, body scarring or body painting at any place in the City without complying with the following regulations: (a) Lavatory requirement. Every place where tattooing, body piercing, body branding, body scarification or body painting is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold running water under pressure; shall be maintained in good repair at all times; and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open front design and readily Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 13 cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand cleansing compound and single-service sanitary towels or hand-drying devices. (b) Skin infection. No person having any skin infection or other diseases of the skin shall be tattooed, pierced, scarred, branded or painted. (c) Sterilization and disposal of bio-hazardous materials. All needles and razor blades and other equipment used for piercing, scarring, branding or puncturing shall be individually pre- packaged, pre-sterilized and disposable. No such equipment shall be used on more than one customer. All bio-hazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the enforcement officer. Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles and razor blades. (d) Skin preparation procedures. The following procedures shall be used for skin preparation: (1) Operators shall wash their hands thoroughly with soap and water then dry them with a clean towel before and after each tattooing, branding, scarring, piercing or painting. Specialists with skin infections of the hand shall not perform any tattooing, body piercing, body branding, body scarring or body painting services. (2) Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable, razor blades shall be used. (3) The skin area to be tattooed, scarred, pierced, branded or painted shall be thoroughly cleaned with anti-bacterial germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution. Only single-service towels and wipes shall be used in the skin cleaning process. (4) After tattooing, piercing, scarring or branding, a sterile dressing must be applied to the tattooed, pierced or branded area. (e) Operating furniture. All tables, chairs, furniture, or area on which a patron receives a tattoo, any body piercing, body branding, body scarification or body painting shall be covered by single-service disposable paper or clean linens, or in the alternative, the table, chair, or furniture on which the patron receives a tattoo, body piercing, body scarring, body branding or body painting shall be impervious to moisture and shall be properly sanitized after each tattoo, body piercing, body branding, body scarring or body painting. (f) Towels. Every specialist shall provide single-service towels or wipes for each customer or person and such towels or wipes shall be stored and disposed of in an acceptable manner. (g) Coverings: The specialist shall require that the person who is receiving the tattoo, piercing, branding, scarring or painting will at all times have that person’s breasts, buttocks, anus and Redevelopment of 2225 Hillview Road February 7, 2000 Page 14 genitals covered with a non-transparent covering. The specialist may lift the covering to expose the person’s breasts, buttocks, anus or genitals to the limited extent necessary to perform the tattooing, body piercing, body scarring, body painting or body branding requested. The specialist shall ensure that no other person may view the exposed body part. (h) Garments of specialist: The specialist performing tattoo, branding, piercing, scarring or painting services shall be fully clothed so as to have the specialist’s breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. Every specialist shall wear clean garments when engaged in the practice of tattooing, body piercing, body branding, body scarring or body painting. If garments are contaminated with blood or body fluids, such garment shall be removed, changed, and/or discarded or cleaned by dry cleaning methods. (i) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer. Minimum floor space. There shall not be less than 250 square feet of floor space at the place where the practice of tattooing, body piercing, body scarring, body branding or body painting is conducted, and said place shall be well lit and ventilated. (k) Influence of alcohol and drugs. No person shall practice tattooing, body piercing, body branding, body scarring or body painting while under the influence of alcoholic beverages or illicit drugs. No customer shall be tattooed, pierced, scarred, branded or painted while under the influence of alcoholic beverages or illicit drugs. (l) Written instructions. The operator shall provide the person tattooed, scarred, pierced, painted or branded with printed instructions on the approved care of the skin during the healing process. (m) Living quarters. No place licensed as a tattoo, body piercing, body branding, body scarring or body painting establishment shall be used or occupied as living or sleeping quarters. Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 15 515.12: LICENSE TERMS, RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator must prepare an application form for the renewal of a license requiring information that the manager determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. 515.13: SUSPENSION; REVOCATION: Subd 1. The City Council may revoke the license or suspend the license if the licensee submitted false information or omitted material information in the license process required. The City Council may by resolution suspend or revoke a license for the violation of any provision or condition of this section or any other local law governing the same activity during the license period or any criminal law during the license period which adversely affects the ability to honestly, safely, or lawfully conduct a tattooing, body piercing, body scarring, body branding or body painting business. Subd. 2. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing before the City council. The notice shall give at least ten days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. 515.14 TEMPORARY TATTOOING, BODY PIERCING, BODY BRANDING, BODY SCARRING OR BODY PAINTING EVENT LICENSE. Subd. 1. The Clerk-Administrator may issue a temporary tattoo, piercing, branding, scarring and body painting event license as provided in this subsection. Subd. 2. A temporary tattoo, piercing, branding, scarring and body painting specialist license may be issued to a person who: a. Is qualified to hold a tattoo and piercing specialist license under this Section; b. Has completed the required application and paid the license fee at least seven (7) days prior to the effective date of the license. Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days. Subd. 4. All other provisions of this Section apply to temporary licenses. 515.15. EXEMPTIONS: Jewelry stores that provide ear piercing services to its customers as an Redevelopment of 2225 Hillview Road February 7, 2000 Page 16 accessory service shall be exempt from the provisions of this Chapter so long as the service is incidental to the sale of jewelry. For purposes of this ordinance, a jewelry store shall mean a retail business that derives a majority of its revenue from the sale of jewelry and that derives less than one percent of its revenues from ear piercing services. 515.16: VIOLATIONS AND PENALTIES: Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. (Ord. 663, 8-28-2000) SECTION 2. Chapter 1113 of the Mounds View Municipal Code shall be revised to address zoning and siting requirements of Tattoo, Body Piercing, Body Branding, Body Painting or Body Scarring Establishments by the addition of the underlined language as follows: 1113.02: PERMITTED USES: The following are permitted uses in a B-2 District: Subd. 3. Tattoo, Body Piercing, Body Branding, Body Painting or Body Scarring Establishments, provided that: a. Any such establishment shall be separated by no less than 1,000 feet from any other such establishment located within the City of Mounds View, as measured from the property lines of the property upon which the uses are located. b. The minimum floor space for such use shall be 250 square feet c. The establishment and operators shall be licensed and be in compliance with Chapter 515 of the Municipal Code. (Ord. 663, 8-28-2000) SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View this 14th day of August, 2000. Read and passed by the City Council of the City of Mounds View this 28th day of August, 2000. ____________________________________ Dan Coughlin, Mayor Attest: ____________________________________ Michael Ulrich, Interim Clerk-Administrator Linder=s CUP Request Planning Case No. 548-99 March 22, 1999 Page 17 (SEAL) APPROVED AS TO FORM: __________________________ Robert C. Long, City Attorney H:\DATA\GROUPS\COMDEV\SPECPROJ\SP075-00\Ordinance 663 -- Tattoo Code.doc RCL-183731v1 MU125-11 RESOLUTION NO. 5459 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING COUNCILMEMBER THOMASON’S RESIGNATION, DECLARING A VACANCY TO EXIST ON THE MOUNDS VIEW CITY COUNCIL AND PROVIDING NOTICE THAT THE VACANCY WILL BE FILLED AT THE UPCOMING CITY GENERAL ELECTION. WHEREAS, Councilmember Lynne Thomason has submitted her resignation in writing to the City Council and the City Clerk Administrator with an effective resignation date of ____________, 2000; WHEREAS, Section 2.05 of the Mounds View City Charter (“City Charter”) states that a vacancy in the City Council shall be deemed to exist in the case of a resignation in writing filed with the City Clerk Administrator; and WHEREAS, Section 4.05, Subdivision 5 of the City Charter specifies how such a vacancy is to be filled when it occurs within 120 days before a regular municipal election; NOW, THEREFORE, BE IT RESOLVED, the City Council hereby accepts Councilmember Thomason’s letter of resignation with the resignation taking effect on ____________, 2000 as permitted by Minn. Stat. § 351.01, Subd. 1. BE IT FURTHER RESOLVED that pursuant to Section 2.05 of the City Charter, the City Council hereby declares a vacancy to exist on the City Council due to Councilmember Thomason’s resignation. BE IT FURTHER RESOLVED that the City Clerk Administrator is hereby directed to publish notice of the vacancy and that such vacancy will be filled at the upcoming regular municipal election in accordance with Section 4.05, Subd. 5 of the City Charter. Adopted this 7th day of August, 2000. Dan Coughlin, Mayor ATTEST: Mike Ulrich, Interim City Clerk-Administrator (SEAL) Item No: 6C Meeting Date: August 7, 2000 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planner Item Title/Subject: Adoption of Emergency Ordinance 667, an Ordinance Amending Ordinance 653 by Extending the Moratorium on the Siting of Tattoo and/or Body Piercing Establishments for an Additional Three Months. Date of Report: August 2, 2000 Background: Emergency Ordinance 653 was adopted on February 14, 2000 to prohibit any tattoo shops or body piercing establishments to be located in the City for a period of six months. Discussion: The six-month period will expire on August 14, 2000, and the City Attorney has recommended that the City Council call to order on August 7, 2000, to adopt Ordinance 667, amending Ordinance 653 by extending the moratorium date three additional months. Recommendation: Adopt by roll call vote emergency ordinance 667 to extend the moratorium on tattoo and/or piercing establishments an additional three month, to expire November 12, 2000 or when Ordinance 663 becomes effective, whichever occurs first. _____________________________________ James Ericson, Planner P:\DATA\GROUPS\COMDEV\SPECPROJ\SP075-00\CC Report # 2 - Aug 7, 2000.doc ORDINANCE NO. 653 AN EMERGENCY INTERIM ORDINANCE REGULATING THE PRESENCE AND SITING OF TATTOO, BODY PIERCING, BODY BRANDING, BODY PAINTING AND RELATED ESTABLISHMENTS WITHIN THE CITY OF MOUNDS VIEW. WHEREAS, the City Council has considered the issue and continues to consider the issue of whether the City should adopt an ordinance to address the City health and safety issues caused by tattoo, body piercing, body branding, body painting and related establishments within the City; and WHEREAS, City staff has made an initial review of this matter and recommends that this matter be more fully studied; and WHEREAS, the City Council has authority, pursuant to Section 3.06 of the City of Mounds View City Charter and Minnesota Statutes Section 462.355, Subdivision 4, to adopt an emergency interim ordinance during which time the City will conduct a study of the possibility of adopting new or amended controls to fulfill the City's legal obligation to adequately protect the public health, safety and welfare; and WHEREAS, such emergency interim ordinance is necessary to protect the public health, safety and welfare because no land use controls or regulations exist for tattoo, body piercing, body branding, body painting and related establishments within the City; and WHEREAS, the City Council authorizes a study as to the possibility of adopting new or amended controls to fulfill the City's legal obligation to adequately protect the public health, safety and welfare; and WHEREAS, the City Council makes the following: FINDINGS OF FACT: 1. The City Council authorizes a study to be conducted for the purpose of considering the adoption of new or amended land use controls or regulations as defined in Minn. Stat. § 462.352, for tattoo, body piercing, body branding, body painting and related establishments within the City of Mounds View. 2. The City Council of the City of Mounds View directs the City of Mounds View Planning Commission to conduct a study of this matter and make recommendations as to the adoption of amended official controls or regulations to fulfill the City's legal obligation to adequately protect the public health, safety and welfare. 3. This emergency interim ordinance is to protect the health, safety and welfare of the City of Mounds View residents and to protect the planning process, because no land use controls or regulations exist for tattoo, body piercing, body branding, body painting and related establishments within the City, and not to delay or prevent any single project. NOW, THEREFORE, based on the above findings of fact, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following emergency Special Ordinance No. 653. Subdivision 1. Purpose. To protect the planning process under the authority of Minnesota Statutes, Section 462.355, Subdivision 4, and to protect the public health, safety and welfare of the citizens of the City of Mounds View, the City Council of the City of Mounds View hereby adopts an interim ordinance which prohibits the presence and siting of any new, or the expansion of any existing, tattoo, body piercing, body branding, body painting and related establishments within the City of Mounds View. Subd. 2. Applicability of Ordinance. This interim ordinance shall be in effect until the 12th day of August, 2000, or until the final adoption of an amended ordinance to regulate tattoo, body piercing, body branding, body painting and related establishments in the City of Mounds View, whichever occurs first. SECTION 2. This emergency ordinance is effective upon adoption in accordance with Section 3.06 of the City of Mounds View City Charter. Passed by the City Council of the City of Mounds View, Minnesota, this 14th day of February, 2000. Dan Coughlin, Mayor ATTEST: Charles S. Whiting, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: ______________________________ City Attorney ORDINANCE NO. 667 AMENDMENT OF EMERGENCY INTERIM ORDINANCE NO. 653, TO EXTEND REGULATION OF THE PRESENCE AND SITING OF TATTOO, BODY PIERCING, BODY BRANDING, BODY PAINTING AND RELATED ESTABLISHMENTS WITHIN THE CITY OF MOUNDS VIEW. WHEREAS, the City Council continues to consider the issue of whether the City should adopt an ordinance to address the City health and safety issues caused by tattoo, body piercing, body branding, body painting and related establishments within the City; and WHEREAS, City staff has made an initial review of this matter and recommends that this matter be more fully studied; and WHEREAS, the City Council has adopted, pursuant to Section 3.06 of the City of Mounds View City Charter and Minnesota Statutes Section 462.355, Subdivision 4, a six (6) month emergency interim ordinance, Ordinance No. 653, during which time the City has begun study of the possibility of adopting new or amended controls to fulfill the City's legal obligation to adequately protect the public health, safety and welfare; and WHEREAS, the City’s study and consideration is not complete and extension of such emergency interim ordinance for three (3) months is necessary to protect the public health, safety and welfare because no land use controls or regulations exist for tattoo, body piercing, body branding, body painting and related establishments within the City; and WHEREAS, the City Council authorizes continuation of a study as to the possibility of adopting new or amended controls to fulfill the City's legal obligation to adequately protect the public health, safety and welfare; and WHEREAS, the City Council makes the following: FINDINGS OF FACT: 1. The City Council authorizes continuation of a study to be conducted for the purpose of considering the adoption of new or amended land use controls or regulations as defined in Minn. Stat. § 462.352, for tattoo, body piercing, body branding, body painting and related establishments within the City of Mounds View. 2. The City Council of the City of Mounds View directs the City of Mounds View Planning Commission to continue to conduct a study of this matter and make recommendations as to the adoption of amended official controls or regulations to fulfill the City's legal obligation to adequately protect the public health, safety and welfare. 3. Extension of the emergency interim ordinance, Ordinance 653, for a period of three (3) months is to protect the health, safety and welfare of the City of Mounds View residents and to protect the planning process, because no land use controls or regulations exist for tattoo, body piercing, body branding, body painting and related establishments within the City, and not to delay or prevent any single project. NOW, THEREFORE, based on the above findings of fact, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following emergency Special Ordinance Nos. 653 and 667. Subdivision 1. Purpose. To protect the planning process under the authority of Minnesota Statutes, Section 462.355, Subdivision 4, and to protect the public health, safety and welfare of the citizens of the City of Mounds View, the City Council of the City of Mounds View hereby amends the interim ordinance, Ordinance 653, which prohibits the presence and siting of any new, or the expansion of any existing, tattoo, body piercing, body branding, body painting and related establishments within the City of Mounds View. Subd. 2. Applicability of Ordinance. This interim ordinance, as extended, shall be in effect until the 14th day of November, 2000, or until the final adoption of an amended ordinance to regulate tattoo, body piercing, body branding, body painting and related establishments in the City of Mounds View, whichever occurs first. SECTION 2. This emergency ordinance is effective upon adoption in accordance with Section 3.06 of the City of Mounds View City Charter. Passed by the City Council of the City of Mounds View, Minnesota, this 7th day of August, 2000. Dan Coughlin, Mayor ATTEST: Acting City Clerk-Administrator Item No: ___8____ Meeting Date: August 7, 2000 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: Jeremiah Anderson, Housing Inspector/Code Enforcement Item Title/Subject: Preliminary Request for a Limited use agreement. Date of Report: July 28, 2000 Background: The property located at 2261 Hillview Rd, owned by Leo Matheson, is in violation of the Mounds View Municipal Code pertaining to unlawful parking and storage of vehicles. In the front yard, next to the driveway, there is a recreational vehicle parked off the driveway on an unimproved surface. Discussion: On June 10, 2000, during routine proactive code enforcement, staff observed a recreational vehicle parked off the driveway on an unimproved surface. On July 13, 2000, staff performed a reinspection of the site with the aid of a plat map and utility easement information. The findings of the reinspection revealed that the driveway of the subject property is placed directly on the property line, therefore, the recreational vehicle is parked off Mr. Matheson’s property and on the adjacent property, which is owned by the City of Mounds View. Mr. Matheson has maintained this area of City owned land in the summer months by mowing the grass and removing any noxious weed growth, subsequently saving the City of Mounds View any expenses that would relate in maintaining that area of land. Mr. Matheson is requesting a limited use agreement to allow his continued parking of the recreational vehicle on the city owned parcel of land. In return, Mr. Matheson will maintain the area of City owned land adjacent to his property. Furthermore, Mr. Matheson will comply with all sections of the Municipal Code relating to outside parking and storage of vehicles and parking area surfacing. Mr. Matheson will accomplish this by placing a parking area of gravel construction on the City owned area of land for the parking of the recreational vehicle. This parking area shall meet the specifications of Section 902.05 Subd. 5, and 1121.09 Subd. 7, which allows only the minimum area that would encompass the wheel-base area of one (1) recreational vehicle. Additionally, the parking area shall be situated as to conform with the off-street parking requirements of Section 802.07 Subd. 4. Preliminary Request for a Limited Use Agreement July 28, 2000 Page 2 Recommendations: 1. Approve Mr. Matheson’s request for a limited use agreement and direct staff to draft a limited use agreement for the property to be approved at the next Council Work Session meeting. 2. Deny Mr. Matheson’s request for a limited use agreement. _____________________________________ Jeremiah Anderson Housing Inspector/Code Enforcement Item No. 9 Staff Report No. Meeting Date: 08/07/00 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Highway 10 Study Phase 1 Report Date of Report: August 29, 2018 BACKGROUND On March 13, 2000 the City Council approved a work plan proposed by Springsted to facilitate discussions on the future of County Highway 10 and allocated $5,000 of TIF Pool funds to the study. In May the City Council approved a revised work plan that included a two-phase process to develop an action plan to guide the future development/redevelopment of the County Highway 10 corridor. The purpose of the action plan was to outline what short term actions the City could take to address immediate safety concerns, and what medium and long term actions could be taken to guide the future reconstruction of the road as well as to guide the development/redevelopment of properties along the corridor. A Steering Committee was set up to assist with the process. The Ramsey County Traffic Engineer also participated in a number of the meetings. The Steering Committee, Springsted, and staff have been working diligently and have now completed the first phase of the project. A copy of a report outlining the process and conclusions of Phase 1 has been put in your boxes for your review. Bob Thistle from Springsted will be present at the August 7th work session to review the report and answer any questions that the City Council may have. An outline of the second phase of the project is included with the report. Authorization of the City Council is necessary for the second phase of the project to proceed. If the City Council is comfortable with the process and the additional cost, this authorization could be approved at the special meeting on August 7th or at the August 14th regular meeting. ______________________________________ Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\SPECPROJ\Sp077.00\08-07-00 City Council Report.doc Item No. 10 Staff Report No. Meeting Date: August 7, 2000 Type of Business: W.K. 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: Water Service Repair Policy Date of Report: August 29, 2018 Per Council’s request, staff has brought forth a past staff report for Council’s discussion regarding the repair of residential water services. This subject was discussed earlier in 1999. In light of the number of past and most recently the increasing numbers of residential water service leaks, staff has been researching means by which these repairs or replacements can be performed more effectively. Currently the homeowner is responsible for the maintenance of the water service from the City water main, to and into the structure. This year several homeowners have experienced leaks, and have spent a considerable amount of time and money to have the repair performed. Contractor’s prices have varied from one repair to another, and acquiring a contractor to perform the repair has been difficult, even with City assistance. A couple of leaks remained unrepaired for several months due to a variety of complications. Several thousands of gallons of water were lost due to these leaks. Due to the increasing age of water system and possible inability of residents on fixed incomes to sustain the cost of the repairs, which in some cases may reach several thousands of dollars, staff is requesting Council consider the following proposal. This is only a proposal presented by staff, which may be altered in some ways. A. The City would repair all residential water services from the main to the structure. Repairs requiring excavation under the footing or basement floor would not be covered under this policy B. The proposal will be based on ten repairs required per year, with half of the repairs occurring between the curb stop and the house and the remainder from the curb stop to the main, the less expensive repair costing $2000.00 and the higher cost repair, from the curb stop to the main, which could include dewatering and some impervious surface repair estimated at $5,000.00. Total $35,000.00 C. Assuming 2,800 residential services, including duplexes, townhouses and condominiums, if a water service repair fee of $13.00 per year was charged to all residential property owners, $36,400.00 would be earned to repair services. If a resident lived in the City of Mounds View for 50 years, the assurance that they would never have to consider paying for the repair or replacement of the water service due to a leak, would have cost them $650.00. An increase in water rates could also be instituted to reflect the additional funding necessary to balance the expenditures. City of Mounds View Staff Report August 29, 2018 Page 2 D. The City would advertise the repair services at the beginning every year or two and select two to three contractors based on their quality of work and rate schedule. Then upon discovery of a leak the No. 1 contractor would be notified of the required repair and have 5 days to complete the repair. If the No. 1 contractor could not perform the repair in the required time period, the second contractor would be contacted, given the same stipulations. If all three contractors declined to repair the service, No. 1 would be assign to perform the repair or be penalized. The contractor would be responsible for the repair only, and not any restoration, as is currently the case with most repairs. This new policy could save the residents the inconveniences of soliciting quotes for competitive prices, delays in performing the repair and possibly save tens of thousands of gallons of water, not to mention the possible damage to other underground utilities and structures. I am sure there may be years when few repairs will be performed and years when the revenue collected will not cover the expenditures for the repairs. Averaging the repairs and year should be close to breaking even. At some point an adjustment up of down in the fee might be necessary due to inflation, market labor rates or demand of services. This fund could only be utilized for residential water service repair and could be expended more than once for any resident. This policy would not cover the replacement of water services replaced as part of a capital construction project. Staff seeks Council direction in this matter. _________________________________ Michael Ulrich, Director of Public Works NOTE: Staff would also like to discuss with Council the current policy of replacing all impervious surfaces damaged, due to the residential water service repair. C:\Mike's documents\staff reports\WATSERV.doc Item No. 11 Staff Report No. Meeting Date: August 7, 2000 Type of Business: W.K. 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: Presentation of Street Reconstruction Project Map / Plan Date of Report: August 29, 2018 Staff has developed new maps and projects based on the Pavement Condition Index (PCI), which was performed earlier this spring by Braun Intertec. Presented maps will include the current PCI, percentage of streets in various conditions, mileage of street conditions and a proposed project map. It should be noted that the maps are based on the pavement survey only and do not address any drainage issues or inadequacies. In reviewing the survey it was noted that a significant amount of streets had been sealcoated in the recent past, which hides many deficiencies and stresses for a few years, at which point they show up again. This is just a reminder that sealcoating does not improve the pavement structure. It merely revitalizes the surface, fills minor cracking and provides renewed skid resistance. Staff would recommend two items related to the PCI be discussed and determined. First, would be to establish a reasonable PCI to be maintained. And secondly establish a PCI that would represent a deteriorating street, at which point the street would be minimally maintained, awaiting major rehabilitation. Staff’s recommendation would be 70 and 50. When assembling an area for a project, the selected street segments will have similar PCI’s. It is intended to have projects grouped into sections of neighborhoods to minimize disruption, transportation of equipment and materials, coordinate any underground improvements and centralize the staging area for the project. Considering these variables, some streets may have slightly higher values that others, but will still be considered for the project. ___________________________________ Michael Ulrich, Interim City Administrator C:\Mike's documents\staff reports\Street project.doc