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HomeMy WebLinkAboutAgenda Packets - 2019/03/11 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 11, 2019 6:30 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Approval of Minutes: February 28, 2019 B. Just and Correct Claims C. Resolution 9088, Approval of Out-of-State Conference for Brian Beeman. 6. PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. SPECIAL ORDER OF BUSINESS 8. COUNCIL BUSINESS A. Ordinance 955, Second Reading – ROLL CALL VOTE – Chapter 900 City Code Update B. Resolution 9087, Amendment to a Development Review for Central Sandblasting, located at 2299 Co Rd H 9. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 10. NEXT COUNCIL WORK SESSION: Monday, April 1, 2019 at 6:30 pm NEXT COUNCIL MEETING: Monday, March 25, 2019 at 6:30 pm 11. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 February 25, 2019 6 Mounds View City Hall 7 2401 Mounds View Boulevard, Mounds View, MN 55112 8 6:37 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, February 25, 2019, City Council Agenda. 21 22 MOTION/SECOND: Gunn/Hull. To Approve the Monday, February 25, 2019, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. CONSENT AGENDA 28 29 Council Member Gunn asked to remove Item 5A. 30 31 A. Approval of Minutes: February 11, 2019. 32 B. Just and Correct Claims. 33 C. Resolution 9085, Approving Revisions to the 2019 Fee Schedule. 34 D. Resolution 9078, Adopting Director Benefit Package. 35 36 MOTION/SECOND: Meehlhause/Bergeron. To Approve the Consent Agenda as amended 37 removing Item 5A. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 A. Approve of Minutes: February 11, 2019. 42 43 Council Member Gunn requested a correction to the minutes on Page 5, Line 39 stating the line 44 should read Council Member Gunn instead of Sherry Gunn. 45 Mounds View City Council February 25, 2019 Regular Meeting Page 2 1 Council Member Gunn requested a correction to the minutes on Page 6, Line 17 noting the 2 Council stated not to take additional public comment. 3 4 Council Member Hull requested a correction to the minutes on Page 2, Lines 1 through 15 noting 5 Kelly’s last name should be spelled correctly and asked that all references to Kelly be changed to 6 Representative Moller. 7 8 MOTION/SECOND: Gunn/Hull. To Approve the Minutes from February 11, 2019 as amended. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 6. PUBLIC COMMENT 13 14 None. 15 16 7. SPECIAL ORDER OF BUSINESS 17 A. Jerry Hromatka – Northeast Youth and Family Services. 18 19 Jerry Hromatka, Northeast Youth and Family Services, thanked the Council for their time. He 20 updated the Council on the good things that were occurring at NYFS. He reported NYFS serves 21 youth age 5 to 21 and noted 4,000 youth were served each year. He explained NYFS focuses on 22 three program areas, which are mental health, day treatment and community service. He 23 indicated these programs were solution oriented and worked towards reaching positive results. 24 He commented on the benefit of investing in youth and those suffering from mental health. He 25 discussed the importance of connection with both youth and seniors in the community. He 26 described how technology was changing youth and the workforce. He reviewed NYFS’s budget 27 for 2019 and thanked Mounds View for their continued partnership. He invited the Council to 28 attend the NYFS Leadership Luncheon on Wednesday, May 1st. 29 30 Mayor Mueller thanked Mr. Hromatka for his dedicated service to the youth in the community. 31 She requested further information on the mental health initiative that was being pursued with 32 local police departments. Mr. Hromatka explained a job description was being drafted and he 33 anticipated an individual would be hired this spring to address the mental health community 34 policing position. 35 36 8. COUNCIL BUSINESS 37 A. Public Hearing: Resolution 9084, Adopting a Special Assessments Levy for 38 the 2018 Business Park North Street Project. 39 40 Finance Director Beer requested the Council adopt a Special Assessment Levy for the 2018 41 Business Park North Street Project. He reviewed the streets that were included in this project 42 area and noted this project was complete. He noted the proposed assessments were for 10 years. 43 He recommended the Council hold a Public Hearing and adopt a special assessment levy for the 44 Business Park North project. 45 Mounds View City Council February 25, 2019 Regular Meeting Page 3 1 Mayor Mueller opened the public hearing at 7:07 p.m. 2 3 Hearing no public input, Mayor Mueller closed the public hearing at 7:08 p.m. 4 5 MOTION/SECOND: Meehlhause/Bergeron. To Waive the Reading and Adopt Resolution 6 9084, Adopting a Special Assessments Levy for the 2018 Business Park North Street Project. 7 8 Mayor Mueller asked if any of the businesses contacted the City with concerns regarding the 9 proposed assessments. Public Works Director Peterson reported he received one call from a 10 concerned business owner and noted all questions were answered by staff. 11 12 Council Member Meehlhause noted only 12.5% of the project costs were being assessed for this 13 project and the balance was being paid out of the City’s Street Improvement Project Fund. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 B. Ordinance 955, First Reading Chapter 900 City Code Update. 18 19 City Administrator Zikmund requested the Council adopt an Ordinance that would amend 20 Chapter 900. He reported this Chapter addressed public right-of-way. He noted this Chapter was 21 posted on the City’s website. He reviewed the proposed amendments with the Council in further 22 detail and recommended introduction of the Ordinance. 23 24 Mayor Mueller questioned if this portion of City Code needed a section that addressed public 25 swimming and beaches. City Administrator Zikmund reported the City still had a beach and for 26 this reason he recommended the language remain within City Code. 27 28 MOTION/SECOND: Meehlhause/Gunn. To Waive the First Reading and Introduce Ordinance 29 955, Chapter 900 City Code Update. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 C. Resolution 9086, Approving the Feasibility Study for the 2019 Street Project 34 and Authorizing Plans and Specifications. 35 36 Public Works Director Peterson requested the Council approve a feasibility study for the 2019 37 Street Project and authorize plans and specifications. It was noted the parking lot within SBM 38 Fire Station No. 1 was included in this project. He commented on the sidewalk needs along 39 Woodale Drive for students and reported a sidewalk would be added to the south side of 40 Woodale Drive to Mounds View Boulevard. The cost for the project was reviewed with the 41 Council. Staff provided further comment on the streets that were included in this improvement 42 project and recommended approval of the Feasibility Study. 43 44 Council Member Meehlhause questioned why staff was proposing to move parking from the 45 Mounds View City Council February 25, 2019 Regular Meeting Page 4 north side to the south side along Woodale Drive. Public Works Director Peterson clarified staff 1 was proposing to eliminate parking from Woodale Drive altogether. 2 3 Tiffany Alexander-Susens, 5209 O’Connell Drive, explained she had some concerns with the 4 proposed project. She questioned why the bike lane was being removed from Woodale Drive. 5 She asked if a crosswalk would be installed across Woodale Drive to the new sidewalk. She 6 encouraged the City to consider adding a crosswalk. She stated she had concerns with safety for 7 the pedestrians that walk along Woodale Drive. She recommended these roadway improvements 8 be made after the apartment complex was completed. 9 10 Council Member Gunn asked if Woodale Drive would have curb and gutter. Public Works 11 Director Peterson reported this was the case. He explained this roadway would be narrowed 12 from 36 feet to 28 feet. 13 14 Mayor Mueller questioned if a bike lane could be maintained along Woodale Drive. Tyler 15 McLeete, Stantec, explained a two-way bike lane could not be maintained along Woodale Drive 16 with the proposed sidewalk. 17 18 Council Member Gunn commented children going to and from school could use the sidewalk for 19 bicycling given the fact it would be a 6½ foot sidewalk. Mr. McLeete commented State Statute 20 does not allow cyclists to use a sidewalk after a certain age. 21 22 Council Member Gunn stated she would like to see a crosswalk on Woodale Drive for safety 23 purposes given the number of students going to and from the school. Mr. McLeete discussed the 24 regulations for installing crosswalks. 25 26 Mayor Mueller stated she was concerned for the children using bicycles along Woodale Drive 27 given the speed of traffic along this roadway. She feared that narrowing the street would not 28 guarantee the slowing of traffic. She asked if the proposed sidewalk could be made wider to 29 allow for both pedestrian and bicycle traffic. Public Works Director Peterson reported this would 30 require the sidewalk to be made wider, which would not be allowed given the fact existing 31 utilities would be impacted. 32 33 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 9086, 34 Approving the Feasibility Study for the 2019 Street Project and Authorizing Plans and 35 Specifications. 36 37 Council Member Meehlhause stated he lived on the south side of town and noted this was one of 38 the worst streets in the community. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 9. REPORTS 43 A. Reports of Mayor and Council. 44 45 Mounds View City Council February 25, 2019 Regular Meeting Page 5 Council Member Gunn reported the 35W Coalition meeting for February was canceled. She 1 explained work on the sound wall in Mounds View should begin in March or April of 2019. She 2 anticipated this group would meet in March. 3 4 Council Member Meehlhause explained he would be attending an NYFS Board meeting on 5 Thursday, February 28th. He noted on Monday, March 4th he would be attending a YMCA 6 Advisory meeting. 7 8 B. Reports of Staff. 9 10 Finance Director Beer reported the final audit for the City began today. 11 12 Public Works Director Peterson explained the Public Works Department was winging back the 13 snow piles and would be working to clear out cul-de-sacs in the City. He noted the ice at Lambert 14 Park was still open for use. 15 16 The City Council thanked the Public Works Department for all of their efforts to keep the City 17 free and clear of snow. 18 19 Police Chief Harder reviewed the Police Department’s 2018 Annual Report with the Council. 20 He commented on how the Council’s strategic plan and how the Police Department was working 21 to address the Council’s goals and visions for the City. He discussed the number of traffic stops 22 and arrests the City had last year. He described the community outreach events that were held in 23 2018 and noted the events that would continue in 2019. He commented on the importance of the 24 neighborhood outreach program. 25 26 Council Member Gunn asked how the Police Reserve Program was coming along. Police Chief 27 Harder reported five individuals have been backgrounded and noted the program would begin in 28 March. 29 30 Mayor Mueller thanked Police Chief Harder for his report. 31 32 C. Reports of City Attorney. 33 34 City Attorney Riggs had nothing additional to report. 35 36 10. Next Council Work Session: Monday, March 4, 2019, at 6:30 p.m. 37 Next Council Meeting: Monday, March 11, 2019, at 6:30 p.m. 38 Mounds View City Council February 25, 2019 Regular Meeting Page 6 1 11. ADJOURNMENT 2 3 The meeting was adjourned at 8:07 p.m. 4 5 Transcribed by: 6 7 Heidi Guenther 8 TimeSaver Off Site Secretarial, Inc. 9 The Mounds View Vision A Thriving Desirable Community Item No: 5C Meeting Date: March 11, 2019 Type of Business: Council Consent Reviewed by City Administrator: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian Beeman, Assistant City Administrator Item Title/Subject: Resolution NO. 9088 Authorizing Brian Beeman to Attend the Strengths Discovery Course through the Gallop Organization The City is transitioning through the strategic plan to address staff hiring and retention and to promote leadership opportunities. The Strengths Finder program is a series of individual and organizational assessments taught by the Gallop organization based on statistical research geared towards identifying, assessing, and learning how to apply the Clifton Strengths Finder process not only to individuals but also for organizations. Having an organizational Strengths Finder coach to work through improving the individual and overall organizational health process is important for the health of Becoming a certified coach. The certification course is a week long course. However, the first step is to attend the one day Strengths Discovery workshop. In 2020 consideration will be made in attending the week long certification coarse. Omaha, Nebraska is the closest training location and the course is only offered twice per year at this location. The Strength Discovery course is off ered in Omaha, Nebraska June 3, 2019. The training course, hotel, and travel costs will be approximately $900. Staff recommends that the Council authorize Brian Beeman to attend the training session. Strategic Plan Strategy/Goal: Create a culture where employees desire to work and remain employed with Mounds View. Financial Impact: None. Money has been budgeted in the Administration Department for these types training opportunities throughout 2019. Respectfully submitted, ___________________________ Brian Beeman, MPA, CMC Assistant City Administrator Attachment(s): 1) Resolution NO. 9088 Authorizing Brian Beeman to Attend Out-of-State Conference RESOLUTION NO. 9088 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING BRIAN BEEMAN TO ATTEND THE STRENGTHS DISCOVERY CONFERENCE WHEREAS, the City receives benefits when staff attend educational and training conferences; and WHEREAS, City policy requires City Council authorization for out-of-state travel; and WHEREAS, the City recently promoted Brian Beeman to the position of Assistant City Administrator; and WHEREAS, this conference will provide in-depth training in individual and organizational leadership; and WHEREAS, this training and travel has been budgeted for in the administration funds with an estimated cost of $900. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View that Brian Beeman is authorized to attend the Strengths Discovery Conference in Omaha, Nebraska on June 3, 2019. Adopted this 11th day of March, 2019. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator SEAL The Mounds View Vision A Thriving Desirable Community Item No 8A Meeting Date: March 11, 2019 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Ordinance 955 Chapter 900 Code Update, Second Reading Introduction: This is a continuation of the City Code update with Chapters 100 thru 700 updated last year and Chapter 800 passed earlier this month. The proposed Ordinance was posted on our web page on Thursday February 14, 2019. First reading is occurred on February 25, 2019. Summary publication will occur on March 22nd and the Ordinance taking effect 30 days after. Discussion: Chapter 900 of the code deals with Public Right of Way and Property. All changes are either technical, statutory updates, or best practices based on historical activities. An example is we have replaced the words Building Inspector with Public Works Director/City Engineer or its designee where appropriate as that individual is more responsible for the duties. Another more substantive technical/best practices change is section 906.6 – Leak in Service Line which clarifies property owner’s responsibility with respect to their water service line. Similarly, we have eliminated the entire subdivision on Golf as we no longer have a course. Strategic Plan/Goal: Maintain Good Infrastructure The City Code is the base document specific to how the city conducts their business. Chapter 900 addresses the critical area of public right of ways and property where the vast majority of our underground utilities/infrastructure is located. To date the Cities investment in this infrastructure exceeds $12.5 million. Ordinance 955 ensures our continued ability to maintain that investment. Financial Impact: Legal review and publication costs fall within 2019 adopted budget. Recommendation: Conduct Second Reading of Ordinance 954 to update Chapter 900 of the City Code and approve summary publication. Respectfully submitted, ________________________ Nyle Zikmund City Administrator 554658v3 DTA MU210-54 1 ORDINANCE NO. 985 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTERS 906 AND 909 OF THE MOUNDS VIEW CITY CODE RELATING TO PUBLIC WAYS AND PROPERTY THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.01: CONNECTION REQUIRED; EXCEPTIONS: Subd. 1. Connection Required: a. Existing Buildings: Any existing building designed for human habitation or in which plumbing facilities have been installed to provide domestic water for human consumption shall be connected to the Municipal water system if the Municipal water system is available to the building. Existing buildings have until September 15, 1992, to comply with this Section. b. New Buildings: All new buildings constructed in Mounds View designed for human habitation or occupancy shall be connected to the Municipal water system for provision of domestic water supply. Subd. 2. Exceptions; Regulatory Provisions: a. Exceptions: Any existing building which is required to connect to the Municipal water system under Subdivision 1 hereof but which does not have access to a Municipal water main adjacent to the property on which such building is built shall not be required to connect to the Municipal water system until such time as a Municipal water main is constructed adjacent to such property. b. Testing Required; Water Quality: The owner of any property exempted under Subdivision 2a above shall be required to submit copies of certified test results to the City showing sample and test the well serving the property to have ensure that it has coliform organisms (mpn) of less than one and one-tenth (1.1) per one hundred (100) ml and to have less than one one-hundredth (0.01) mg/liter of nitrate nitrogen. Testing shall be required once each year, during the month of June, and performed by a qualified testing company. Owner of property where test results do not meet the above requirements shall notify the Building Official within 72 hours of discovery. 554658v3 DTA MU210-54 2 c. Treatment Equipment: Any well which cannot meet the requirements listed in Subdivision 2b above shall be required to have equipment attached which is capable of reducing the contaminants listed to acceptable levels for all faucets used for human consumption. This equipment may be a central unit or separate units located at each faucet used for consumption. Copies of equipment specifications and certified test of the units shall be submitted to the City Building Official for approval. SECTION 2. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.02 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.02: APPLICATION FOR CONNECTION; FEES: Subd. 1. Application for Connection: No person shall make any type of connection to the Municipal water system, except upon making an application therefor on a form provided by the Municipality and receiving a permit issued by the Municipality for such purposes. The application shall include the legal description of the property to be served, the uses for which the connection is requested, and the size, type, and alignment of the service line to be used, and any other pertinent data, as requested by the Building Official. The person might also have to make application for a right-of-way permit if any work is located within the public right-of-way. Subd. 2. Implied Consent: Every person applying for water service and every owner of property for which any such application is made shall be deemed, upon making such application, to consent to all rules, regulations and rates set forth in this Chapter and such further rules, regulations and rates as may thereafter be set forth and adopted by the Council pursuant to resolution or ordinance. Subd. 3. Fees 1: At the time of making such application, there shall be paid to the Finance Director/Treasurer the following fees for the following purposes: a. No connection shall be made to the Municipal water system by any person until that person has paid their full and proportionate share of said system, which share shall be payable as follows: (1) For service to property to which service lines have not been previously run from the street laterals to the property line, the user shall supply obtain a corporate shut- off and curb stop of a type approved by the Municipality from the Director of Public Works/City Engineer, or its designee, upon payment of the associated fees and costs. (2) For service to property to which service lines have been previously run to the property line but which have not been paid for, the user shall pay in cash or agree to pay charges in the form of special assessments to be levied against the property to be spread over a number of years coincident with the maturity requirements of any 1 See subdivision 906.03(2) of this Chapter for additional fees and permits. 554658v3 DTA MU210-54 3 special improvement bonds sold for the purpose of financing the construction of the Municipal water system serving the property. Said cash payment or assessment charge shall be in the principal amount of not less than the payments made by or charges placed against comparable properties for like services in an amount as may be established by the Council. Payment to the Treasury in the form of a special assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance, from year to year, which interest shall be computed at a rate specified by the Council. b. Buildings that were in existence at the time of the water main installation and that have not hooked up to the water system must also pay a late hook up charge of one hundred dollars ($100.00). SECTION 3. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.03 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.03: CONNECTION CONSTRUCTION REQUIREMENTS: Subd. 1. Performance of Work: All connections to the Municipal water system shall be performed by a plumber licensed to do plumbing in the Municipality or by a pipelayer licensed to perform utility site installation in the Municipality; except, that nothing in this Chapter shall be construed as to prohibit an individual owner from obtaining a permit and installing such connection from the property line to the building by their own labor; provided, however, that said construction is conducted under the regulations of this Chapter and requirements of the Director of Public Works/City Engineer and Building Inspector Official. Subd. 2. Excavations 1: a. No street or other excavation shall be undertaken except by permission of the Municipality and in accordance with the Chapter 910 of the Mounds View City Code. b. All service line installation work or repair or connections to the Municipal water system, including grades, bends and backfilling, shall be performed under the direction and supervision of the Building Inspector to the requirements and satisfaction of the Director of Public Works/City Engineer, or its designee. No work shall be covered or backfilled until directed approved by said Inspector the Director of Public Works/City Engineer, or its designee. c. All work and excavating activities shall be protected by barricades, and warning markers and lights, and other traffic control devices reasonable and suitable to the purpose of protecting public safety. 1 See also Chapter 902 of this Title. 554658v3 DTA MU210-54 4 d. The Municipality and its employees shall be held harmless for any claim or loss as might otherwise arise for damage, loss or injury caused by or arising by reason of such work being performed. Subd. 3. Construction of Connections: Before proceeding with the construction, enlargement, alteration or repair of any water line connecting the Municipal water system to any house or building, the owner or an agent shall fulfill the following requirements: a. Obtain from the Municipality a water connection permit, the fee for which shall be established by resolution of the City Council. The Building Inspector Director of Public Works/City Engineer, or its designee, shall examine all applications for water connections before construction. b. Whenever a new water connection is constructed, the owner shall pay to the Municipality a trunk, source and storage contribution as established, from time to time, by resolution of the City Council. Such contributions shall be reserved solely for the purpose of funding construction, replacement, modification or major maintenance of water trunk lines, wells, towers or reservoirs and the debt service thereon as specifically authorized by the City Council. Subd. 4. Requirements: There shall be installed in every connection to the Municipal water system one (1) stop and waste valve which shall be installed at a point between the curb stop and on both sides of the water meter so that the water may be turned off and the meter and house plumbing entirely drained. There shall be installed another stop and waste cock in the pipe on the house side of the meter. All service pipes connected to the Municipal system shall meet material and installation standards set forth by the Director of Public Works/City Engineer and Building Officialbe of a Type K (3E) copper tube and 3D fittings a minimum of three-fourths inch (3/4”) inside the diameter of its approved equal and shall be laid at a depth not less than six and five-tenths feet (6.5’) below the established grade or as low as the street mains. Subd. 5. Final Inspection: After the construction, enlargement or alteration is complete, the Building Inspector Director of Public Works/City Engineer, or its designee, shall be notified for the final inspection. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the Municipality. SECTION 4. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.04 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.04: WATER METERS: Subd. 1. Water Meter Installation; Responsibility for Costs: Before any water conveyed through the Municipal water system shall be used or utilized on the land or premises of any Municipal hydrant by any person, there shall first be installed a water meter with remote 554658v3 DTA MU210-54 5 reader that will accurately measure the water consumed on the premises, except and unless such installation shall, be exempt by the Municipality. The applicant for a new water service shall pay to the Municipality, at the time of the application, the amount to be established by resolution of the City Council equal to the cost of a water meter with remote reader. Subd. 2. Installation Specifications: a. All water meters and remote readers installed in residences under the provisions of this Chapter shall be five-eighths inch (5/8ths”) in size and shall be purchased from the Municipality in the size and type approved by the Director of Public Works/City Engineer, or its designee. All commercial and industrial meters shall be furnished by the owners of said properties and shall be of a type approved by the Municipality Director of Public Works/City Engineer, or its designee. b. All water meters shall hereafter be installed at the point the water service enters the structure and, if possible, this location shall be next to a floor drain. All remote readers shall be installed on the exterior of the structure at a point approved by the Building Inspector Director of Public Works/City Engineer, or its designee. c. Every water meter hereafter installed shall be sealed by or under the direction of the City Administrator Director of Public Works/City Engineer, or its designee, and no person shall break or remove such seal; provided, however, that a plumber licensed by the Municipality may break such seal or remove such meter for necessary repairs 21. d. All water meters hereafter installed shall be accessible to the City Administrator or a designee Director of Public Works/City Engineer, or its designee, at any reasonable hour of any business day, and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after notice shall constitute a violation of this Chapter. Individual property owners may request the opportunity to hire a private licensed plumber to install the water meter or otherwise perform work to the water meter required by the Municipality. Any property owner requesting this option must do so in writing to the City Administrator or a designee Director of Public Works/City Engineer, or its designee, at least forty eight (48) hours prior to the scheduled installation or maintenance of the water meter. The private plumber must be duly licensed prior to performing any work on the water meter. After installation or maintenance of the water meter, the licensed private plumber must submit a report to the Municipality showing compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees employees or agents. Subd. 3. Testing and Repairs: a. All applications for the maintenance and repair of water meters shall be made to the City Administrator or a designee Director of Public Works/City Engineer, or its designee. 1 See subdivision 906.04(3)b of this Chapter for removal and repairs. 554658v3 DTA MU210-54 6 b. Said meters shall be tested and repaired, from time to time, as is necessary to insure accurate measuring of the flow of water; except, that whenever a meter has been damaged due to negligence on the part of persons other than the Municipal employees of the City Water Department, the owner, occupant or user of the premises or such other persons desiring the use of the water shall reimburse the Water Department Municipality for the expense of testing, repairing, or replacing any such meter and for the cost of testing any meter exceeding five-eighths inch (5/8”) in size. Upon failure to reimburse the Municipality within a reasonable time and upon demand therefor, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the Municipality. c. In all cases where a seal is broken or a meter is removed by a licensed plumber, such plumber shall notify the City Administrator Director of Public Works/City Engineer, or its designee, of the fact within twenty four (24) hours after the seal is broken or the meter is removed. Whenever any seal attached to a water meter by or under the direction of the City Administrator Director of Public Works/City Engineer is found broken, the broken condition of such seal shall be prima facie evidence that such seal was broken contrary to the terms and provisions and in violation of this Chapter. Subd. 4. Liability for Repairs: After the initial connection has been made to the water main, the applicant or the occupant or other user of such premises shall be liable for, but the City may perform, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, all leak-associated repairs between the water main and the structure located on the premises. It shall be in the sole discretion of the City to repair or replace the leaking water service line. The City may, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, also repair or replacement of any broken, leaking or malfunctioning curb stop boxes. This policy permitting City repair between the water main and structure located on the premises shall be funded by an additional utility fee. The City Council shall establish and adopt this utility fee by resolution annually and shall set forth any eligibility requirements and opt-out provisions therein. This service shall be provided to all single family, duplexes, fourplexes and townhouses. Large apartment complexes and commercial properties are not included in this policy. For any repairs performed by the City, the City shall not be responsible for the restoration of the excavation site, including, but not limited to seeding or placement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein which may be disturbed, destroyed or removed during the repair or replacement of the water service. The Municipality shall provide, in its sole discretion, only the initial repair or replacement of any impervious surface, should it be necessary in the performance of the repair of a leak or break of the property’s service. Responsibility for maintenance and protection of the curb stop box shall be that of the applicant, owner or occupant or other user of the premises, and it shall be the responsibility of said party to maintain the curb stop box at such height as will ensure that it will remain above the finished grade of the land or property. Nothing herein will prevent the Municipality from recovering the cost of repairs from the applicant, owner or 554658v3 DTA MU210-54 7 other occupant or other user of such premises or any other party in the event it can be established that said parties were the cause of the damages requiring the repairs. Subd. 54. Tampering with Meter Prohibited: It shall be unlawful for any person to tamper with, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter within the Municipality. Subd. 65. Meter Testing on Request of Owner; Fees: Whenever a water user questions the accuracy of a meter not exceeding five-eighths inch (5/8ths”) in size and desires that the meter be tested, they shall pay a fee, as established and contained in the city’s fee schedule, of twenty five dollars ($25.00) if the meter tests accurately within a range of minus three percent to plus one and one-half percent (-3% - +1-1/2%). The testing of water meters exceeding five-eighths inch (5/8ths”) in size shall be regulated by Subdivision 3b hereof. If it is not accurate within this range, no charge will be made for testing, and an adjustment on the water bill will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate as determined by the Municipality. SECTION 5. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.06 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.06: LEAK IN SERVICE LINE: Subd. 1. After the initial connection has been made to the water main, the owner, occupant or other user of such premises shall be liable for, but the City may perform, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, all leak-associated repairs between the water main and the structure located on the premises. It shall be in the sole discretion of the City to repair or replace the leaking water service line. The City may, in its sole discretion and subject to the receipt of permission and any right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, also repair or replacement of any broken, leaking or malfunctioning curb stop boxes. Said repairs by the City shall be funded by an additional utility fee. The City Council shall establish and adopt this utility fee by resolution annually and may set forth any eligibility requirements and opt-out provisions therein. This service shall be provided to all single family, duplexes, triplexes, fourplexes, and townhouses. Large apartment complexes and commercial properties are not included in this policy. For any repairs performed by the City, the City shall not be responsible for the restoration of the excavation site, including, but not limited to seeding or placement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein which may be disturbed, destroyed or removed during the repair or replacement of the water service. The Municipality shall provide, in its sole discretion, only the initial repair or replacement of any impervious surface, should it be necessary in the performance of the repair of a leak or break of the property’s service. Responsibility for maintenance and protection of the curb stop box shall be that of the owner, occupant or other user of the premises, and it shall be 554658v3 DTA MU210-54 8 the responsibility of said party to maintain the curb stop box at such height as will ensure that it will remain above the finished grade of the land or property. Nothing herein shall prevent the Municipality from recovering the cost of repairs from the owner, occupant, or other user of such premises or any other party in the event it can be established that said parties were the cause of the damages requiring the repairs. Subd. 2. Any owner, occupant or user of a premises who shall discover a leak in a service line to the premises shall notify the Municipality within twenty four (24) hours. Any water wasted due to failure of such person to comply with this regulation shallmay be estimated by the City Administrator, or its designee, and be charged for against the user at such premises at the established rate. SECTION 6. The City Council of the City of Mounds View hereby amends Title 900, Chapter 909, Section 909.06 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 909.06: SPECIAL ACTIVITIES: Subd. 1. Swimming: a. No person may bathe, wade or swim in any open space waters or at any Mounds View beach except in such areas specifically designated for such use, and only at such times when a “beach open” sign is posted and an authorized lifeguard is on duty. b. No person may bathe, wade or swim at any beach except when dressed in bathing attire which is socially acceptable and conducive to water safety. c. No person may use at any beach any inner tube, water wings, raft, U.S. Coast Guard- approved life jackets when properly attached or other inflatable or buoyant object except if parents or a guardian adult is in the water with the child and is within arms reach. d. No person may possess, carry onto or scatter on any beach, any glass container, broken glass, metal can, or other debris which could be a safety hazard. e. No person having custody of any animal may permit the animal to enter any beach area during the swimming season so established by the Director. f. No person may launch, dock or operate any watercraft in any designated swimming area. g. No person may violate rules of Lakeside Park. Subd. 2. Bicycling: a. No person may ride or operate a bicycle in any open space site except on designated bikeways or surfaces normally provided for vehicular traffic. 554658v3 DTA MU210-54 9 b. No person may ride or operate a bicycle in violation of Chapter 169, Minnesota Statutes. Persons riding a bicycle must observe and obey all traffic and directional signs. c. No person may ride or operate a bicycle in any open space site except in a prudent and careful manner, and unless such person shall be capable of effective control and operation of said vehicle. Pedestrians and motorized vehicles shall have the right of way where a bikeway intersects pedestrian trails or roadways. d. No person may ride or operate a bicycle in any open space site faster than is reasonable and safe, with regard to the safety of the operator and other persons in the immediate area. e. No person may ride or operate a bicycle in any open space site thirty (30) minutes after sunset and thirty (30) minutes before sunrise without appropriate front and rear lighting. f. All bicycle riders must remain in single file and proceed in the extreme right hand lane of a drive or bikeway at all times except when passing another vehicle or bicyclist parked or traveling in the same direction. g. Bicycles must be parked in locations, wherever provided, set aside specifically for their storage. Subd. 3. Golf: a. No person or group of persons or organization may play golf or hold a tournament or use any golf course or practice range under the jurisdiction of the City without having procured a permit or green fee receipt from the Director or Director’s representative. b. No person may drive, putt or, in any other manner, play or practice golf except in areas specifically designed for such use. c. Valid permits or green fee receipts issued by the Department must be carried on the player, or group representative, and must be exhibited upon demand by the Director or Director’s representative. d. Golfers must be attired in accordance with the rules posted at the golf course. e. No person may tamper with any irrigation system, tee marker, green flag, or maintenance equipment. f. No person may sell any merchandise on any golf course except those concessionaires authorized by the Director. g. Entrance to or exit from any golf course must only be through designated access 554658v3 DTA MU210-54 10 points. Subd. 43. Boating: a. No person may on any lake, pond or stream within the City use any mechanically propelled watercraft unless being used for emergency rescue or the maintenance of the lake, pond or stream. b. No person may operate any watercraft on any open space waters contrary to or in violation of State law. c. No person may operate, row or paddle a boat, canoe or other watercraft on any open space waters unless able to handle the same with safety to themselves, other occupants, or in such manner as not to annoy or endanger the occupants of other boats. d. No person may leave any watercraft unattended except in areas specifically designated for mooring, anchoring or beaching. e. No person may operate watercraft within an area which has been designated as a swimming area. f. No person may drop or throw from any watercraft garbage, litter or other debris. g. All watercraft launched from a system facility or operating on open space waters must have a Coast Guard-approved life preserver for each occupant. h. No person may operate any watercraft in a careless or reckless manner. Subd. 54. Motorized Recreation Vehicle: a. No person shall operate a motorized recreation vehicle within any open space site except in such areas specifically designated for such use. b. No person may operate a nonlicensed vehicle on any parkway or other roadway within an open space site. c. No person may place any vehicle for sale or exchange on park property. d. No person may wash, grease, repair, change oil or maintain in any way a vehicle except as necessary in an emergency. Subd. 65. Camping: No person may establish or maintain any camp or other temporary lodging or sleeping place in any open space site. 554658v3 DTA MU210-54 11 SECTION 7. The City Council of the City of Mounds View hereby amends Title 900, Chapter 909, Section 909.07, subdivision 10 of the Mounds View Municipal Code by deleting the stricken material as follows: Subd. 10. Loitering: a. No person over the age of six (6) may enter any comfort station or restroom, washroom or toilet facility set apart or designated for the opposite sex. b. No person may lurk or loiter in or around any toilet facility or other system structure except to use such facility for the purpose of which it is intended. SECTION 8. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On March 11, 2019, the City Council adopted Ordinance ___ that amends Title 900, Chapters 906 and 909 of the Mounds View City Code. The purpose of the amendment was to modify certain city regulations related to public ways and property, including parks and the municipal water system, remove outdated and unnecessary code language, and update the code to conform to current practices. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.moundsviewmn.org. SECTION 9. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on February 25, 2019. Second Reading and Adoption by the Mounds View City Council on March 11, 2019. Publication Date: __________________, 2019. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) RESOLUTION 9087 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN AMENDMENT TO A DEVELOPMENT REVIEW FOR CENTRAL SANDBLASTING, LOCATED AT 2299 COUNTY ROAD H, PLANNING CASE DE2019-001 WHEREAS, City Code Section 1006.06 requires a Development Review be approved by the City Council for construction activity that increases the gross square footage of the principal building by ten percent (10%) or more, provided that the area of expansion exceeds ten thousand (10,000) square feet; and, WHEREAS, the Mounds View City Council approved Resolution 9003, approving a Development Review for Central Sandblasting, including the Site Plan dated July 19, 2018. The property consists of two buildings, east and west. The 80’ X 220’ east building was to be removed, and a 16,000 sq ft addition onto the west building was approved; and, WHEREAS, Matt Herbst, representing property owner Five H Partnership, LLC, and operating as “Central Sandblasting”, has applied for an Amendment to the Development Review, to allow an 80’ X 80’ section of the east building to remain. The property is located at 2299 County Road H, and legally described as: PID: 08-30-23-43-0012 Lot 3, Block 1 HERBST ENTERPRISES, RAMSEY COUNTY, MINNESOTA WHEREAS, the property is zoned I-1 Industrial, and guided as Regional Commercial (RC-PUD) in the Comprehensive Plan (2010); and, WHEREAS, the existing use (e.g. treatment of metals) is a permitted use within the I-1 district, and the existing accessory use (outside storage) is a conditional use within the I-1 district, which may continue but not expand without a Conditional Use Permit; and, WHEREAS, the Planning Commission reviewed the request on March 6, 2019, recommending approval of the Amendment (Resolution 1094-19); and, WHEREAS, the City Council has reviewed the Staff Report, dated March 11, 2019, and in consideration of public testimony; and, Resolution 9087 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves the Amended Development Review subject to the following conditions: 1. The 80’ X 80’ building to remain shall be re-sided to match that of the west building. 2. The project shall be completed, consistent with the Site Plan (page A1.1), dated August 21, 2018, with the addition of the 80’ X 80’ building shown on the Site Plan, date stamped February 21, 2019. 3. The Applicant shall conform to the requirements of the Rice Creek Watershed District, and shall obtain all necessary permit (RCWD issued a Conditional Approval Pending Receipt of Changes, Permit # 18-052). 4. All landscaping shall be installed within one-year of the Certificate of Occupancy being issued. 5. The Applicant has provided a Landscape Escrow ($5,376.28). The City will hold this escrow in a non-interest bearing account. The City will inspect the landscaping on or about one year after installed. If the landscaping has survived, the City will return the Escrow to the Applicant. If portions of the landscaping has not survived, the City will notify the Applicant, and the Applicant will replace as needed. The City may retain a proportionate amount of this Escrow until one year after the replacement landscaping has been installed, inspected, and accepted by the City for survival. 6. The property owner is hereby noticed that Ramsey County reserves the right to remove any materials from the County Road H right-of-way, without compensation. Adopted this 11th day of March, 2019 __________________________ Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (SEAL) The Mounds View Vision A Thriving Desirable Community Item No: 08B Meeting Date: Mar 11, 2019 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 9087, Approval of an Amendment to a Development Review for Central Sandblasting, located at 2299 County Road H (Planning Case DE2019-001) Introduction Central Sandblasting does sandblasting and painting of large metal structures (e.g. I-beams for buildings). The property includes two buildings. A Development Review was approved in August 2018, to remove the east building, and add onto the west building. The applicant is requesting to amend the 2018 Development Review to allow a portion of the to-be-removed building to remain (80’ X 80’). The area was planned for outside storage, but would now be used as inside storage. Discussion A Development Review is required for building construction or expansion, exceeding 10% or 10,000 sq ft. The approved Development Review was for a 16,000 sq ft addition. A Development Plan …“shows proposed plans for utility service, surface water drainage consistent with the most recently adopted Local Surface Water Management Plan subject to subsequent revisions, erosion and sediment control consistent with current City standards, streets, driveways, trails, parking, landscaping, screening and buffering, lighting, setbacks, exterior construction design and materials, trash disposal, construction timetable”...1 If the amendment is approved, it would not have a significant effect on the 2018 Development Review, other than showing that portion of the building to remain. The existing east building is 80’ X 220’. Of that, an 80’ X 80’ section would be kept, and the rest demolished, and the area used for outside storage of materials. Strategic Plan Strategy/Goal: The Development Review relates to the Vision, “Create and maintain a positive business climate where businesses want to locate and remain in Mounds View”. Financial Impact: There is no impact to the City. 1 City Code, section 1006.06, Subd 3(a) (Development Plan) The Mounds View Vision A Thriving Desirable Community Item 08B Central Sandblasting Page 2 Summary Central Sandblasting proposes to amend its 2018 Development Review. The Development Review included the removal of an 80’ X 220’ building. The amended plan will allow an 80’ X 80’ portion to remain, to be used for inside storage. There is no Public Hearing required for Development Reviews. Planning Commission Recommendation The Planning Commission reviewed the request on March 6, 2019, recommending approval of the Amended Development Review (Resolution 1094-19). Staff Recommendation Staff recommends approval of the Amendment. Recommendation The City Council is requested to consider the following options; 1. Resolution 9087, approving the Amendment 2. The City Council may deny the Amended Development Review. If the Council chooses this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Because of the 60-day requirements (Deadline: April 19, 2019) the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, ________________________ Jon Sevald, AICP Community Development Director Attachments 1. Site Photos 2. Zoning Map 3. Site Plan, date stamped Feb 21, 2019 4. Resolution 9087 The Mounds View Vision A Thriving Desirable Community Item 08B Central Sandblasting Page 3 Site Photos 1 East Building. Foreground 80' X 80' section to remain (outlined in red). The rest of the building to be demolished. (Photo: Feb 27, 2019) 2 West building. 2018 Dev. Rev. approved 16,000 sq ft addition (addition has brown siding). East building will be re-sided to match (Photo: Feb 27, 2019). The Mounds View Vision A Thriving Desirable Community Item 08B Central Sandblasting Page 4 Zoning Map