Loading...
HomeMy WebLinkAboutAgenda Packets - 2019/05/28 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Tuesday, May 28, 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: May 13, 2019 B. Just and Correct Claims 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 A. Presentation by American Legion B. Swearing-in of Officer Mike Hanson C. Presentation from Ramsey County Parks & Recreation Department – Benjamin Karp 8. COUNCIL BUSINESS A. Resolution No. 9117, Approving a One Day Gambling Permit for Mounds View Police Foundation as part of the Mounds View Festival in the Park B. Second Reading and Adoption of Ordinance 956, Amending the Zoning Map for 8482, 8484, and 8486 Long Lake Road and Summary Publication. ROLL CALL VOTE C. Second Reading Ordinance 957, Updating Chapter 1000 of the Mounds View Municipal Code and Summary Publication. ROLL CALL VOTE D. Resolution 9118, Approving pilot trial of City Hall hours of operation. 9. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 10. NEXT COUNCIL WORK SESSION: Monday, June 3, 2019 at 6:30 pm NEXT COUNCIL MEETING: Monday, June 10, 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 May 13, 2019 6 Mounds View City Hall 7 2401 Mounds View Boulevard, Mounds View, MN 55112 8 6:31 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, May 13, 2019, City Council Agenda. 21 22 MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, May 13 , 2019, agenda as 23 amended adding Item 7C – Minnesota National Guard Presentation. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. CONSENT AGENDA 28 A. Approval of Minutes: April 22, 2019. 29 B. Just and Correct Claims. 30 C. Resolution 9111, Approving the Distribution of the DRAFT 2040 31 Comprehensive Plan to Affected Jurisdictions for Review. 32 33 MOTION/SECOND: Meehlhause/Bergeron. To Approve the Consent Agenda as presented. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 6. PUBLIC COMMENT 38 39 None. 40 41 7. SPECIAL ORDER OF BUSINESS 42 A. Proclamation National Public Works Week. 43 44 Mounds View City Council May 13, 2019 Regular Meeting Page 2 Mayor Mueller read a proclamation in full for the record declaring May 19 through May 25, 2019 1 to be National Public Works Week in the City of Mounds View. 2 3 B. Proclamation National Police Week. 4 5 Mayor Mueller read a proclamation in full for the record declaring May 12 through May 18, 2019 6 to be National Police Week in the City of Mounds View. 7 8 C. Minnesota National Guard Presentation. 9 10 Dave Bambenek, a representative from Employer Support of the Guard Reserve, explained his 11 organization was a Department of Defense agency that cultivates and promotes positive work 12 environments for employers who employ military members. He reported Officer Lavore had 13 submitted two applications for the Patriot Award and invited Officer Lavore to speak. 14 15 Officer Lavore stated she was hired by the Mounds View Police Department in December of 16 2016. She commented in December of 2017 she was told she would be heading to Texas for four 17 months for the National Guard. She discussed this situation with Police Chief Harder and his 18 first words were “what do you need from us” and “how can we help”. She thanked the City 19 Council for providing her with differential pay and thanked the Mounds View Officers for 20 providing her with care packages. She indicated she had nominated City Administrator Nyle 21 Zikmund and Police Chief Nathan Harder for the Patriot Award for offering their tremendous 22 support while she was deployed. 23 24 Mr. Bambenek read the Patriot Award certificate in full for the record and presented the award to 25 Police Chief Harder and City Administrator Zikmund. A round of applause was offered by all in 26 attendance. 27 28 Police Chief Harder thanked City staff and the City Council for supporting Officer Lavore. 29 30 8. COUNCIL BUSINESS 31 A. PUBLIC HEARING: Resolution 9107, Residential Dog Kennel License 32 Request, Solomon Tilleskjor, 7534 Greenfield Avenue. 33 34 City Administrator Zikmund explained Solomon Tilleskjor was requesting a residential dog 35 kennel license for his property at 7534 Greenfield Avenue. He reported the applicant has 36 completed all of the application requirements. He noted a neighbor had submitted a letter to the 37 City objecting to the request and indicated the Council may have to discuss in the future how to 38 address foster dogs. 39 40 Mayor Mueller opened the public hearing at 6:48 p.m. 41 42 Barb Staples, 7535 Edgewood, stated she has lived in her home for the past 33 years and reported 43 she sent a letter to the City objecting to the request. She discussed the number of dogs in her 44 neighborhood and questioned what was meant by “kenneling”. 45 Mounds View City Council May 13, 2019 Regular Meeting Page 3 1 Mayor Mueller reported the applicant has three dogs in his home and has discovered he needs to 2 have a residential kennel license in order to be in compliance with City Code. She indicated the 3 applicant has provided the City with information noting each dog was current with its shots and 4 were licensed. 5 6 Ms. Staples expressed concern with the fact these dogs were fighting with the neighbor’s dogs at 7 the fence line. She also did not like that her neighbor was letting the dogs out at 11:30 p.m. and 8 noted she would be speaking to the Police Department regarding this matter. She requested 9 further information regarding the kennel portion of this request. 10 11 Mayor Mueller encouraged Ms. Staples to speak with the Police Department as the City did have 12 a Noise Ordinance in place. 13 14 Council Member Gunn explained Mr. Tilleskjor would not be creating an actual kennel in his 15 yard and would not be boarding other dogs. She indicated the license required to have three dogs 16 in a home was called a residential kennel license. 17 18 Mayor Mueller commented most places that need assistance with foster dogs typically allow for 19 no more than three dogs in a home. City Administrator Zikmund stated currently, City Code 20 allows for no more than four dogs in a residential home. 21 22 Donna Ackerman, 7564 Greenfield Avenue, stated she understood Mr. Tilleskjor was new to the 23 neighborhood. She commented on the notification she received from the City and asked if the 24 applicant could have three or four dogs. 25 26 Mayor Mueller reported the applicant currently had three dogs and if the kennel license was 27 approved, Mr. Tilleskjor would be allowed to have three or four dogs. 28 29 Ms. Ackerman indicated she was in her backyard a lot and noted the problem dogs were not 30 coming from Mr. Tilleskjor but rather were from the property at 7551. 31 32 Miranda Munson, 7550 Greenfield Avenue, explained she was the property owner with multiple 33 dogs. She indicated she owned two and was a dog trainer on the side. She reported both of her 34 dogs were very well trained and noted one of the dogs was a therapy dog. She commented she 35 did not allow her dogs to bark outside and if they were to bark the dogs are brought inside. She 36 discussed how fence aggression can impact dogs. She stated the main issue with the dogs on her 37 block were coming from the home behind hers who have two aggressive dogs that are left 38 outside. She noted the Police have been called numerous times. She indicated she has fostered 39 dogs in the past and has discussed this with the City Administrator. She commented she would 40 rather not foster dogs any longer because it did not fit with her lifestyle, but was interested in dog 41 sitting. She stated she would be interested in working on this further with the City. 42 43 Mayor Mueller thanked Ms. Munson coming forward. She asked if Ms. Munson supported the 44 requested kennel license. 45 Mounds View City Council May 13, 2019 Regular Meeting Page 4 1 Ms. Munson stated she had no objections to the kennel license. 2 3 Hearing no further public input, Mayor Mueller closed the public hearing at 7:01 p.m. 4 5 Council Member Bergeron stated he appreciated the responsible dog owners. He recommended 6 the City clarify the term “kennel” within the license language so neighbors better understand that 7 a dog kennel business was not being requested. 8 9 Council Member Meehlhause asked if a better term could be selected for the license. City 10 Attorney Riggs reported staff was in the process of investigating better terminology. 11 12 Mayor Mueller questioned if each of the dogs in the applicant’s home were pets. Solomon 13 Tilleskjor explained he was unaware the City had a limit on number of dogs allowed in a home. 14 He reported each of the dogs in his home was a pet and all were rescue dogs. He stated he 15 appreciated the fact the City was working with him on this matter and noted each of his dogs 16 were licensed. 17 18 Mayor Mueller encouraged Mr. Tilleskjor to purchase muzzles to assure the dogs were not 19 barking outdoors. Mr. Tilleskjor commented he was working to address this concern. 20 21 MOTION/SECOND: Gunn/Bergeron. To Waive the Reading and Adopt Resolution 9107, 22 Residential Dog Kennel License Request, Solomon Tilleskjor, 7534 Greenfield Avenue. 23 24 Council Member Hull stated he feels for Ms. Staples who had to live adjacent to 10 dogs, but 25 indicated he could not punish the applicant because of this. 26 27 Mayor Mueller encouraged Ms. Staples to contact the Police Department with any concerns she 28 had regarding the dogs in her neighborhood. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 B. PUBLIC HEARING: Resolution First Reading of Ordinance 956, Amending 33 the Zoning Map for 8482, 8484, and 8486 Long Lake Road. 34 35 Community Development Director Sevald requested the Council introduce an Ordinance that 36 would amend the Zoning Map for the properties at 8482, 8484 and 8486 Long Lake Road. He 37 noted an error was made on the Zoning Map in the 1980’s when these properties were 38 erroneously zoned. 39 40 Mayor Mueller opened the public hearing at 7:11 p.m. 41 42 Hearing no public input, Mayor Mueller closed the public hearing at 7:12 p.m. 43 44 MOTION/SECOND: Meehlhause/Gunn. To Waive the First Reading and Introduce Ordinance 45 Mounds View City Council May 13, 2019 Regular Meeting Page 5 956, Amending the Zoning Map for 8482, 8484, and 8486 Long Lake Road. 1 2 Ayes – 5 Nays – 0 Motion carried. 3 4 C. PUBLIC HEARING: Resolution 9108, Revocation of a Conditional Use 5 Permit for C & N Group LLC (dba Tires N’More), 2832 Mounds View 6 Boulevard. 7 8 Community Development Director Sevald requested the Council consider revoking a Conditional 9 Use Permit for C & N Group, doing business as Tires N’More at 2832 Mounds View Boulevard. 10 He explained Tires N’More received a CUP in 2012 for a tire and minor auto repair store. He 11 reported the property was zoned B-3 and would allow for retail sales with accessory warehousing 12 storage. He stated the site has been used for warehousing and not for retail sales. He commented 13 on the number of zoning code violations that have occurred at this property in recent years. He 14 noted this property was family owned and the current owner was Sammy Sussi. He explained 15 Mr. Sussi has been cooperating with the City and was working to clean up the property. He stated 16 the business was open and tire sales were occurring. He reported the Planning Commission was 17 recommending the Council revoke the CUP which would eliminate minor auto repair, but noted 18 the retail tire sales business would remain. He stated staff was recommending the Council 19 support this recommendation and that the business owner voluntarily supports the CUP 20 revocation. 21 22 Mayor Mueller opened the public hearing at 7:19 p.m. 23 24 Hearing no public input, Mayor Mueller closed the public hearing at 7:20 p.m. 25 26 Council Member Meehlhause asked if staff was recommending Option 1 or Option 2 within the 27 staff report. Community Development Director Sevald stated staff was recommending Option 1, 28 if considered practical. 29 30 Mayor Mueller commented on the correspondence City staff has had with the property owner 31 since 2017. She indicated on March 30, 2018 a letter or email of intent from Mr. Sussi was sent 32 to the City outlining four steps that would bring the property into compliance. She noted Mr. 33 Sussi did not follow through on these four steps. She explained with this business, because the 34 business owner lived outside the country and given its history with the City, she recommended 35 Option 2 be followed. 36 37 Council Member Bergeron read a letter received from the property owner noting they would not 38 be servicing tires but would be selling auto accessories and tires. He commented on the 39 difference between inventory and warehousing. He noted the property owners have been 40 warehousing tires because no sales or transactions have been occurring. 41 42 City Administrator Zikmund commented it was Mr. Sussi’s plan to be in attendance this evening. 43 Community Development Director Sevald indicated he had left a message with Mr. Sussi to 44 remind him of the meeting. 45 Mounds View City Council May 13, 2019 Regular Meeting Page 6 1 MOTION/SECOND: Gunn/Bergeron. To Waive the Reading and Adopt Resolution 9108, 2 Approving a Revocation of a Conditional Use Permit for C & N Group LLC (dba Tires N’More), 3 2832 Mounds View Boulevard. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 D. Resolution 9109, Adopting a Five-Year Financial Plan for 2020 through 2024. 8 9 Finance Director Beer requested the Council adopt a five-year financial plan for 2020 through 10 2025. He reported the City Charter requires the Council to have a five-year financial plan in 11 place. He noted the Council reviewed this plan at a recent worksession meeting and noted this 12 was a working document that served as a blueprint for future spending for upcoming projects. 13 14 Mayor Mueller commented on the 5.3% increase that would be coming from the Ramsey County 15 Dispatch Center. She requested staff make a note of this for the 2020 budget. 16 17 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9109, 18 Adopting a Five-Year Financial Plan for 2020 through 2024. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 E. First Reading Ordinance 957, Amending/Updating Chapter 1000 of the 23 Mounds View City Code. 24 25 City Administrator Zikmund requested the Council introduce an Ordinance that would amend 26 and update Chapter 1000 of City Code. He reported this portion of City Code dealt with the 27 adoption of the building and development code. He noted all changes made to this portion of the 28 Code were made by Kennedy & Graven. 29 30 MOTION/SECOND: Meehlhause/Bergeron. To Waive the First Reading and Introduce 31 Ordinance 957, Amending/Updating Chapter 1000 of the Mounds View City Code. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 F. Removed 36 37 This item was removed from the agenda. 38 39 G. Resolution 9110, Adopting a Calendar for the Preparation of the 2020 40 Budget. 41 42 Finance Director Beer requested the Council adopt a calendar for the preparation of the 2020 43 budget. He reviewed the proposed budget calendar with the Council and recommended approval. 44 45 Mounds View City Council May 13, 2019 Regular Meeting Page 7 MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 9110, 1 Adopting a Calendar for the Preparation of the 2020 Budget. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 H. Resolution 9112, Approving the Plans and Specifications for the City 6 Hall/Police Remodel and Authorize Bidding. 7 8 Public Works Director Peterson requested the Council approve the plans and specifications for 9 the City Hall/Police Remodel and authorize bidding. He explained the Council has discussed 10 this project at several worksession meetings. He noted Beutow 2 Architects has been working 11 with the City to draft plans to remodel City Hall and the Police Department space. Staff 12 commented further on the proposed project timeline and recommended approval of the plans and 13 specs. 14 15 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 9112, 16 Approving the Plans and Specifications for the City Hall/Police Remodel and Authorize Bidding. 17 18 Council Member Bergeron stated this project would allow the Police Department to have more 19 space which was desperately needed. He noted the interview rooms would be improved and a 20 holding cell would be created, along with shower facilities for men and women. He explained 21 the proposed renovations were not frivolous but rather were a necessity. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 I. Resolution 9113, Approving HVAC Repairs at Mounds View Community 26 Center and City Hall. 27 28 Public Works Director Peterson requested the Council approve HVAC repairs at the Mounds 29 View Community Center and at City Hall. He stated in 2014 and 2015 the City upgraded the 30 rooftop units (RTU’s) at the Community Center. After the RTU’s were balanced it was 31 determined the variable air systems were not hooked up. He explained because systems were not 32 working properly staff could not control the air volume in different spaces in the building. He 33 discussed the recommendations being made by Trane Building Services to improve the HVAC 34 units at the Community Center and City Hall. It was noted this project was included in the 2019 35 budget. 36 37 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9113, 38 Approving HVAC Repairs at Mounds View Community Center and City Hall. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 J. Resolution 9114, Approving the Purchase and Installation of an Automatic 43 Transfer Switch for the Generator at City Hall. 44 45 Mounds View City Council May 13, 2019 Regular Meeting Page 8 Public Works Director Peterson requested the Council approve the purchase and installation of 1 an automatic transfer switch for the generator at City Hall. He reported City Hall was considered 2 the Emergency Operating Center for Mounds View, noting this designation required a backup 3 generator. He recommended the Council approve the installation of an automatic transfer switch 4 for this generator to assure City Hall has power in an emergency situation. He noted three 5 electricians were contacted to submit bids for this project. Staff reviewed the expense for this 6 project and noted the cost would be covered by the Special Projects Fund. 7 8 MOTION/SECOND: Gunn/Bergeron. To Waive the Reading and Adopt Resolution 9114, 9 Approving the Purchase and Installation of an Automatic Transfer Switch for the Generator at 10 City Hall. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 9. REPORTS 15 A. Reports of Mayor and Council. 16 17 Council Member Bergeron reported last Thursday he attended the North Suburban Cable 18 Commission meeting. 19 20 Council Member Bergeron stated he would be bringing Tobacco 21 to the June work session 21 meeting for further discussion noting New Brighton and Arden Hills had raised the legal age to 22 purchase tobacco to 21. 23 24 Council Member Meehlhause stated the Mounds View Lions would be holding a garage sale on 25 Wednesday, May 15th, Thursday, May 16th and Friday, May 17th at Hillview Park from 9:00 a.m. 26 to 5:00 p.m. 27 28 Council Member Meehlhause reviewed his upcoming meeting schedule noting he would be 29 attending an NYFS HR Committee meeting on Wednesday, May 15th. He stated on Thursday, 30 May 16 th he would be attending an NYFS Executive Committee meeting. He indicated he would 31 be attending a Twin Cities Gateway meeting on Tuesday, May 21st. 32 33 Council Member Gunn reported the Mounds View Police Foundation met last Tuesday and 34 discussed additional funding opportunities. 35 36 Council Member Gunn stated the Festival in the Park Committee would meet next on Tuesday, 37 May 23 rd at 7:00 p.m. at the Community Center. She noted this group was still seeking 38 volunteers to assist with this year’s event. 39 40 Mayor Mueller reported on Thursday, May 16th a Peace Officer Memorials Service would be 41 held at 11:00 a.m. at Abiding Savior Church. 42 43 1.) Report on Closed Session – Administrator Review - Mayor 44 45 Mounds View City Council May 13, 2019 Regular Meeting Page 9 Mayor Mueller provided an update on the Closed Session meeting that was held on Monday, 1 May 6th. She noted the Council conducted a yearly performance review on the City 2 Administrator. She was pleased to report the City Administrator had a good performance review. 3 4 B. Reports of Staff. 5 1.) City Hall Hours – Administrator Zikmund 6 7 City Administrator Zikmund suggested the hours at City Hall be modified. He indicated this may 8 assist the City in attracting and retaining employees. He proposed having extended hours 9 Monday through Thursday, working from 7:00 a.m. to 5:00 p.m. He stated City Hall would then 10 be closed on Friday. He commented the amount of activity that occurs at City Hall on a Friday 11 afternoon was little or none. He noted several staff members would still be at City Hall on 12 Friday’s, but the building would be locked. He explained this new work schedule could be done 13 on a pilot basis. He requested feedback from the City Council on the proposed change. 14 15 Mayor Mueller questioned if it would be better to be open until noon on Friday given the number 16 of development projects that would be occurring this summer in the City. City Administrator 17 Zikmund explained Jacob and Nick could still be working on Fridays if an appointment was 18 scheduled. 19 20 Mayor Mueller stated this change may assist with employee retention and may also provide 21 energy savings at City Hall. She recalled a report was completed addressing this matter. Finance 22 Director Beer anticipated that any energy savings would be negligible because employees would 23 still be in the building on Fridays. 24 25 Council Member Gunn commented the modified hours were discussed in the past and noted the 26 extended hours Monday through Thursday would assist residents in getting to City Hall before or 27 after work. She stated she supported the proposed modified work hours. City Administrator 28 Zikmund explained the City would pilot the modified hours June through August. 29 30 Council consensus was to direct staff to proceed with the modified hours at City Hall for the 31 months of June, July and August. 32 33 2.) Automotive Repair in Residential Zoning 34 35 City Administrator Zikmund explained the City received a complaint from a resident where 36 automotive repair for profit was occurring in a residential neighborhood. He noted the resident 37 buys old cars, has a title for the vehicle and completes the required mechanical repair on the car 38 over time. He asked if the Council wanted to regulate automotive repairs for profit in the R-1 39 zoning district. Staff suggested the gentleman replace his wood burning stove with a natural gas 40 heater in the garage. 41 42 Mayor Mueller reported she was a huge car person and noted automotive repairs have occurred in 43 her driveway. She stated she did not want this to become a commercial enterprise in residential 44 neighborhoods but supported residents being able to help a friend with an automotive repair. She 45 Mounds View City Council May 13, 2019 Regular Meeting Page 10 commented she did not support pursuing an Ordinance that would prohibit automotive repair in 1 the residential zoning district. However, she encouraged residents to be considerate of their 2 neighbors to ensure they were not creating a nuisance with the amount of auto repair occurring 3 on their property. 4 5 Council Member Gunn recommended the automotive repair work be limited in the residential 6 zoning district. She encouraged the residents to work together and be mindful of how the work 7 was impacting the neighbors. 8 9 Council Member Meehlhause stated he did not support further regulation of automotive repair in 10 the residential zoning district. He supported staff’s recommendation and encouraged the 11 gentleman to replace the wood burning stove with a natural gas furnace as this would reduce the 12 impact on the neighbors. 13 14 Council Member Hull explained he did not support further regulation from the City. 15 16 Council Member Bergeron reported the buying and selling of cars was monitored by the State. 17 He stated because the resident was following all City Ordinances, he did not see a reason to 18 restrict or further regulate the automotive repair. 19 20 City Administrator Zikmund stated the splash pad should be operational by mid-June or early 21 July. 22 23 C. Reports of City Attorney. 24 25 City Attorney Riggs had nothing additional to report. 26 27 10. Next Council Work Session: Monday, June 3, 2019, at 6:30 p.m. 28 Next Council Meeting: Tuesday, May 28, 2019, at 6:30 p.m. 29 30 11. ADJOURNMENT 31 32 The meeting was adjourned at 8:23 p.m. 33 34 Transcribed by: 35 36 Heidi Guenther 37 TimeSaver Off Site Secretarial, Inc. 38 The Mounds View Vision A Thriving Desirable Community Item No: 08A Meeting Date: May 28, 2019 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: One-Day Charitable Gambling Event at Silver View Park, Mounds View Police Foundation, Resolution No. 9117 Introduction: The Mounds View Police Foundation is requesting to hold a one-day charitable gambling event at Silver view Park on August 17, 2019, as part of the Festival in the Park. Discussion: This Festival in the Park event is to help support the community outreach efforts of the Foundation and the Police Department. All supporting documentation is on file with the City along with their non-profit status from the Minnesota State Gambling Control Board. The event on August 17th at Silver view Park appears to not meet the requirements under the City’s Charitable Gambling Code. In accordance with Section 518.11: 518.11: DESIGNATED TRADE AREA: Subd. 1. Each organization licensed to conduct gambling within the City shall expend at least seventy-five percent (75%) of its lawful purpose expenditures on lawful purposes conducted within the City’s Trade Area. (Trade area is defined as Mounds View, Blaine, Shoreview, Arden Hills, New Brighton, Fridley, and Spring Lake Park). Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the City’s jurisdiction. Strategic Plan Strategy/Goal: The Festival in the Park is one of several events that addresses the goal of Community Engagement. Financial Impact: There is no fiscal impact with this request. Recommendation: Approve Resolution No. 9117, Resolution approving a one-day charitable gambling premises permit for the Mounds View Police Foundation to conduct charitable gambling at Silver View Park on August 17, 2019, as part of the Festival in the Park. Respectfully submitted, ________________________ Nyle Zikmund City Administrator The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9117 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION GRANTING A ONE-DAY CHARITABLE GAMBLING PREMISES PERMIT FOR THE MOUNDS VIEW POLICE FOUNDATIONTO CONDUCT CHARITABLE GAMBLING AT SILVERVIEW PARK ON AUGUST 17, 2019 AS PART OF THE FESTIVAL IN THE PARK WHEREAS, the Mounds View Police Foundation has requested that the City Council allow them to conduct charitable gambling, specifically Bingo, for one day on August 17, 2019, as part of the Festival in the Park; and WHEREAS, the Gambling Control Board requires that the local unit of government pass a resolution specifically approving or denying requests to conduct charitable gambling; and WHEREAS, the Mounds View Police Foundation is in compliance with Mounds View Municipal Code with regard to charitable gambling regulations. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby authorize the Mounds View Police Foundation to conduct charitable gambling on August 17, 2019 at Silver View Park in Mounds View. Adopted this 28th day of May, 2019. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (SEAL) The Mounds View Vision A Thriving Desirable Community Item No: ___08D Meeting Date: May 28, 2019 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Second Reading and Adoption of Ordinance 956, Amending the Zoning Map for 8482, 8484, and 8486 Long Lake Road and Summary Publication. ROLL CALL VOTE Introduction Staff is requesting an Amendment to the Zoning Map to correct an error. The affected properties include a twin-home and a single-family home. The twin-home was rezoned from R- 1 to R-2 in 1982. During the City’s updating of the Zoning Map, the neighboring single-family home was rezoned instead. Discussion In December 2018, 8486 Long Lake Road (west half of twin-home) was sold. As part of the process, a real estate appraiser contacted the City to confirm zoning, at which time Staff noticed that the twin-home was erroneously zoned R-1, and that the adjacent single-family home (8482 Long Lake Road) was zoned R-2 (zoning was flip-flopped). It is Staff’s guess that this error occurred in the early 1990’s when the City converted hand drawn zoning maps into computer generated maps. Analysis Timeline: 1982: Ordinance 325 is adopted, rezoning unplatted land from R-1 to R-2. 1984: 8495 Red Oak Dr is subdivided into two lots; Parcel A and B (Resolution 1511). Parcel B is that area rezoned R-2. Parcel B is then subdivided for a zero-lot line twin home (Resolution 1803). A twin-home is built. 19XX: City Staff convert hand drawn maps into computer generated maps. 1995: Zoning Map shows 2716/2720 County Road J as R-1, and 2708 County Road J as R-2. 2708 County Road J is a single-family home, built in 1941. 2002: County Road J is realigned. 2716/2720 County Road J (twin-home) is re- addressed as 8484/8486 Long Lake Road, and 2708 County Road J is re- addressed as 8482 Long Lake Road. The Mounds View Vision A Thriving Desirable Community Item 08D Page 2 Within the R-1 District, Single-Family homes are a permitted use. Within the R-2 District, Both Single-Family, and Two-Family homes are a permitted use. This means that the twin home at 8484/8486 Long Lake Road is a non-conforming use. As such, the twin-home can be repaired or replaced, but cannot be expanded. In 2017, the twin-home was struck by lighting, requiring extensive repairs. By rezoning 8482 Long Lake Road from R-2 to R-1, the single-family home cannot be converted into a two-family home. This home was built in 1941. It is not known if its owner has any intent of converting the home. The owner of 8486 Long Lake Rd (west half of Twin-Home) contacted Staff for clarification of the proposed re-zoning, and had no objections. Strategic Plan Strategy/Goal: N/A Financial Impact: N/A Summary During a mapping update, the City unintentionally changed the zoning of three properties. Staff is requesting an amendment to the Zoning Map to correct this error. A Public Hearing Notice was mailed to all property owners within 350’ of the subject properties, and published in the Sun Focus on May 3, 2019. During the May 13rd Public Hearing (First Reading & Introduction), there was no public testimony. Planning Commission Recommendation At the April 17, 2019 Planning Commission meeting, the Commission recommended approval of the rezoning on a 3-2 vote (Resolution 1095-19). Commissioners were concerned that both the Zoning Map and the proposed rezoning conflict with the 2030 Comprehensive Plan Future Land Use Map, and the DRAFT 2040 Comprehensive Plan, both of which guide the twin-home for Single-Family Detached Residential. The intent of the Comprehensive Plan is that should the twin-home be destroyed, that single-family detached homes take its place, as this is the character of the neighborhood. Minnesota Statutes provides protection (with exceptions 1) for non-conforming structures. 1 MN Statute §462, Subd 1e (Nonconformities). Exceptions: (1) [if] “the nonconformity or occupancy is discontinued for a period of more than one year; or. (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body”…. The Mounds View Vision A Thriving Desirable Community Item 08D Page 3 Should the twin-home be destroyed, it could be rebuilt where-is if a building permit is applied for within six-months of the event, no matter the zoning district. Staff Recommendation Staff Recommends that the City Council conduct a Second Reading and Adoption of Ordinance 956, Amending the Zoning Map for 8482, 8484, and 8486 Long Lake Road. A 3/5’s vote is required.2 Respectfully submitted, _____________________ Jon Sevald, AICP Community Development Director Attachments 1. Zoning Map 2. Photos 3. Ordinance 325 4. Ordinance 956 2 City Code, Section 1125.01, Subd 1(j): “Four-Fifths Vote: Amendments of this Title, or to the Official Zoning Map that change all or part of an existing residential zoning district to either commercial or industrial shall require passage by a four-fifths (4/5) vote of the full City Council. All other amendments to this Title, to the Official Zoning Map or for a conditional use permit shall require passage by a three-fifths vote of the full City Council.” The Mounds View Vision A Thriving Desirable Community Item 08D Page 4 Zoning Map The Mounds View Vision A Thriving Desirable Community Item 08D Page 5 Photo 8482 Long Lake Road (left), 8484/8486 Long Lake Road (right) (Photo April 11, 2019) CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE No. 956 AN ORDINANCE AMENDING THE ZONING MAP, REZONING 8482 LONG LAKE ROAD FROM R-2 SINGLE & TWO FAMILY RESIDENTIAL TO R-1 SINGLE- FAMILY RESIDENTIAL, AND REZONING 8484 LONG LAKE ROAD AND 8486 LONG LAKE ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 SINGLE & TWO FAMILY RESIDENTIAL SECTION 1. The Official Zoning Map was established on May 1, 1980 in the Mounds View City Code, Chapter 1105.02, and may be amended by the City Council from time to time. The City Council of the City of Mounds View hereby amends the following properties: Address PID Legal Description Current Zoning Proposed Zoning 8482 Long Lake Road 06-30-23-12-0039 THAT PART OF LOT 2 BLK 1 OF KATHLEEN BERG ADD LYING W OF WL OF LOT 1 BLK 1 OF SD ADD EXTENDED S TO SL OF SD LOT 2 & EX S 3198 FT; THE E 90 FT OF W 882 FT OF NE 1/4 (SUBJ TO RD & ESMTS) IN SEC 6 TN 30 RN 23 R-2 R-1 8484 Long Lake Road 06-30-23-12-0118 The east 60 feet of that part of the NE ¼ of section 6, T. 30 R. 23, Ramsey County, Mn. Described as follows: Beginning at a point528.00 feet east of the west line and 201.74 feet south of the north line of the NE ¼, of said Section 6; thence east and parallel with h south line of said NE 1/4 , a distance of 264.00 feet; thence north and parallel with the west line of said NE ¼, a distance of 192.82 feet, more or less, to the north line of said SE ¼; thence west, along said north line to a point being a distance of 528.00 feet east of the Northwest corner of said NE ¼; thence south, to the point of beginning. Reserving and subject to an easement for road purposes over the north 33.00 feet thereof. Also reserving and subject to an easement for drainage purposes over the south 15.00 feet thereof. R-1 R-2 8486 Long Lake Road 06-30-23-12-0119 The west 60 feet of the east 120.00 feet of that part of the NE ¼ of the Section 6, T. 30, R. 23, Ramsey County, Mn. Described as follows: R-1 R-2 Ordinance 956 Page 2 Beginning at a point 528.00 feet east of the west line and 201.74 feet south of the north line of the NE ¼ of said Section 6; thence east and parallel with the south line of said NE ¼, a distance of 264.00 feet; thence north and parallel with the west line of said NE ¼, a distance of 192.82 feet, more or less, to the north line of said NE ¼; thence west along said north line to a point being a distance of 528.00 feet east of the Northwest corner of said NE ¼; thence south, to the point of beginning. Reserving and subject to an easement for road purposes over the north 33.00 feet thereof. Also reserving and subject to an easement for drainage purposes over the south 15.00 feet thereof. SECTION 2. 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 May 28, 2019, the City Council adopted Ordinance 956, amending the Official Zoning Map for property located at 8482 Long Lake Road to be rezoned from R-2 Single & Two Family Residential to R-1 Single-Family Residential, and for properties at 8484 and 8486 Long Lake Road to be rezoned from R-1 Single-Family Residential to R-2 Single & Two-Family Residential. The purpose of the Zoning Map amendment is to correct a mapping error. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City’s website, located at www.moundsviewmn.org. SECTION 3. This ordinance shall take effect and be inforce 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 May 13, 2019. Second Reading and Adoption by the Mounds View City Council on May 28, 2019. Publication Date: June 7, 2019 Carol A. Mueller, Mayor Attest: Nyle Zikmund (SEAL) City Administrator Item No: 08E Meeting Date: May 28, 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 957, Amending/Updating Chapter 1000 of Mounds View City Code – SECOND READING and Summary Publication Background: A comprehensive review and update of the Mounds View City Code began last year and continues on with this being the 10th chapter of 15. Chapter 1000 deals with Building and Development. Discussion: There are no substantive changes in this portion of the code, rather; all technical and/or statutory driven. The proposed Ordinance 957 has been on our web page since April 23, 2019. This is the second reading with the first reading occurring at the May 13, 2019 council meeting. Publication is scheduled for June 7, 2019 and it will become effective on July 7, 2019. Strategic Plan Strategy/Goal: Systematic updating of the City Code addressed two of the five strategic strategies; • Maintain and plan for infrastructure improvements including waste water, water, & transportation • Continue BR&E program, maximize utilization of development space and current list of available sites, encourage land owners to maintain their properties, & consider residential redevelopment Financial Impact: This is a budgeted item. Recommendation: Conduct First Reading of Ordinance 957, Amending/updating Chapter 1000 of the Mounds View City Code Respectfully submitted, ___________________________ Nyle Zikmund City Administrator Attachments: Attachment 1 – Ordinance 957 562157v1 DTA 2MU210-54 1 ORDINANCE NO. ___ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000, CHAPTERS 1001, 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, AND 1012 OF THE MOUNDS VIEW CITY CODE RELATING TO BUILDING AND DEVELOPMENT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1001, Section 1001.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1001.01: ADOPTION OF STATE BUILDING CODE: Subd. 1. Minnesota State Building Code – Adopted by rReference: The most current edition of the Minnesota State Building Code and related documents, as adopted by the Minnesota Department of Labor and Industry pursuant to Minnesota Statutes, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Department of Labor and Industry, through the Construction Codes and Licensing Division is hereby adopted by reference including Chapter 1306 with optional 1306.00200 Subpart 2. The Minnesota State Building Code is hereby incorporated in this Section as if fully set out herein. A copy of said Building Code is on file in the office of the City Administrator. Subd. 2. Effective Date: Effective July 1, 1972, all buildings within the City shall be regulated by current State statutes, as amended from time to time. SECTION 2. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1001, Section 1001.08 of the Mounds View Municipal Code by deleting the stricken material as follows: 1001.08: TEMPORARY CERTIFICATE OF OCCUPANCY: Subd. 1. Residential: A Temporary Certificate of Occupancy may be granted prior to sodding or seeding the lawn and finishing the driveway if approved by the Building Official. Subd. 2. Commercial: A temporary certificate of occupancy for not more than sixty (60) days for commercial and industrial applications may be granted before the required fire inspection approval. The City must inspect and approve all required fire protection systems. 562157v1 DTA 2MU210-54 2 SECTION 3. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1002, Section 1002.01 of the Mounds View Municipal Code by deleting the stricken material as follows: 1002.01: ADOPTION OF STATE CODES: Subd. 1. The most current edition of the Minnesota State Fire Code, as adopted by the Commissioner of Public Safety pursuant to Minnesota State Statutes, including all the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the State Fire Marshal Division is hereby adopted by reference including Minnesota State Amendments H and I. The Minnesota State Fire Code is hereby incorporated in this Section as if fully set out herein. Subd. 2. The most current edition of the Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options 1306.00200 Subpart 2, and 1306.0030 E Option 1. SECTION 4. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1002, Section 1002.03 of the Mounds View Municipal Code by deleting the stricken material as follows: 1002.03: ENFORCEMENT OF PROVISIONS: Subd. 1. Enforcement of Fire Code: The Minnesota State Fire Code shall be enforced by the Fire Marshal, who shall be appointed by and operate under the supervision of the Chief of the Fire Department. Subd. 2. Inspectors: The Code Official shall have the authority to appoint a deputy code official, other related technical officers and inspectors as shall, from time to time, be necessary. Subd. 3. Annual Report: A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Council. SECTION 5. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1002, Section 1002.08 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1002.08: RESIDENTIAL ALARM VERIFICATION: All Rresidential monitoring companiesy shall attempt to contact the homeowner for alarm verification prior to dispatching the police and fire departments. 562157v1 DTA 2MU210-54 3 SECTION 6. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1003 by deleting said Chapter 1003 in its entirety. SECTION 7. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1005.01: ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE: The 2003 2015 International Property Maintenance Code (IPMC), as promulgated by the International Code Council, Inc., is adopted by reference and incorporated into the City Code in whole as if it were set out in full, subject to the amendments contained in this Chapter. A copy of said International Property Maintenance Code is on file in the office of the City Administrator. SECTION 8. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 4 of the Mounds View Municipal Code by deleting the stricken material as follows: Subd. 4. Section 102.3 Application of Other Codes: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the Minnesota State Building Code (MSBC), established pursuant to Minnesota Statutes, Sections 16B.59 to 16B.75, as amended, as adopted by the City. Nothing in this Code shall be construed to cancel, modify or set aside any provision of the MSBC or the City of Mounds View Zoning Code. SECTION 8.9. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 28 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 28. Section 307.2.2 308.2.2 Refrigerators: Not adopted. SECTION 10. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 29 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 29. Section 403.4 Process Ventilation: In accordance with the MSBC and the Minnesota State Fire Code (MSFC), where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at its source. Air shall be exhausted to the exterior and not be re-circulated to any space. SECTION 11. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 30 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 30. Section 403.5 Clothes Dryer Exhaust: Clothes dryer exhaust systems shall be independent of all other systems, and shall be exhausted in accordance with the 562157v1 DTA 2MU210-54 4 manufacturer’s instructions and the Minnesota State Mechanical Code (MSMC). SECTION 12. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1006, Section 1006.04, subd. 6 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 6. Insurance: Any person requesting a contractor’s license shall file with the City Administrator proof of public liability and property damage insurance showing the City of Mounds View as the certificate holder, which shall remain and be in force and effect during the entire term of said license or a renewal certificate shall be provided to the City at least ten (10) days before the expiration of the certificate on file with the City. The Certificate shall contain a provision that the insurance shall not be cancelled without ten (10) days’ written notice to the City. Public liability insurance should not be less than one hundred thousand dollars ($1,000,000.00) for injuries and property damage, including accidental death to any one (1) person, in an amount of not less than three hundred thousand dollars ($3500,000.00) on account of any one (1) accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00). SECTION 9.13. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1007, Section 1007.02, subd. 2 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 2. Zoning Permit Required: Buildings one hundred twenty (120) two hundred (200) square feet or less are exempt from the provisions of this Chapter but must meet the standards listed in Chapter 1006.01, subdivision 4. SECTION 10.14. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1008, Section 1008.07, subd. 3 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 3. Liability Insurance: Any person holding a license shall file with the City Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days’ written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($1,000,000.00) for injuries and property damage, including accidental death to any one (1) person and subject to the same limit for each person in an amount not less than three hundred thousand dollars ($3500,000.00) on account of any one (1) accident, and property insurance in the amount of not less than fifty thousand dollars ($50,000.00). SECTION 11.15. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1008 by deleting Section 1008.10, subd. 7 in its entirety. 562157v1 DTA 2MU210-54 5 SECTION 12.16. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1009, Section 1009.05, subd. 3 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 3. All electrical applications shall meet the requirements of Chapter 1003 of this Code and those in , including the Minnesota State Electrical Code. SECTION 13.17. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.02, subd. 1 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1010.02: FINDINGS OF FACT; PURPOSE: Subd. 1. Findings: a. The Council finds that wetlands within the City, as part of the ecosystem, are critical to the present and future health, safety and general welfare of the land, animals and people within the City, as well as within the Rice Creek Watershed District, that existing and potential development within the City and Rice Creek Watershed possess increasing ecological and economic problems and demands, having the effect of potentially despoiling, polluting, accelerating the aging, eliminating or negatively and irretrievably altering both the wetlands and their functions (and the processes associated therewith) which, if managed, will constitute important physical, educational, ecological, aesthetic, recreational and economic assets for existing and future residents of the community and the Rice Creek Watershed District. The City Council has in mind its statutory obligation to comply with Chapters 104, 105 and 112 of Minnesota State Law, the regulations of Rice Creek Watershed District, Regulations of the Department of Natural Resources, including provisions for protected waters, Public Law 92.500 ( the Federal Water Pollution Control Act), open space policies of the Metropolitan Council and its guidelines encouraging protection and enhancement of marshes, wetlands in the flood plain area and the public interest in preventing irreparable destruction or deterioration of valuable natural resources. b. The public interest necessitates sound land use development, as land is a limited and irreplaceable resource, and the land within the Municipality is a resource to be developed in a manner which will result in minimum damage to the quality of life, property, threat to health and reduction of private/public economic loss caused by drainage problems. SECTION 14.18. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.05, subd. 7 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 7. LOCAL WATER MANAGEMENT PLAN: A Local Water Management Plan, 562157v1 DTA 2MU210-54 6 dated February 12, 1990 1, has been prepared for the City in accordance with Minnesota Statutes, Chapter 103B 103B.201 to 103B.255. The Plan identifies the goals and policies of the City in providing for future development while minimizing surface water problems. SECTION 15.19. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.08, subd. 4a of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum alteration of a wetland may be allowed when necessary for the use of property but only when it will not have a substantially or significantly adverse effect, as determined by the City, upon the ecological and hydrological characteristics of the wetland. However, in no case shall the restrictions set out below in Section 1010.08, subdivision 34a(1) - (6) be exceeded. Since the extent of alteration which can be permitted is limited, the City, when considering a permit application, shall consider equal apportionment of alteration opportunity. The alteration opportunity within the wetland shall be allocated among property owners in proportion to the area of wetland located within each property. SECTION 16.20. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.08, subd. 6b of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: b. City Council Authority: The City Council may issue permits which meet the standards in this Chapter and are beyond the scope of the administrative authority stated in Section 1010.08, subdivision 56a, or those that are appealed to the Council after having been reviewed and denied by City staff. SECTION 17.21. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.08, subd. 7c(1) of the Mounds View Municipal Code by deleting the stricken material as follows: (1) Compliance with standards: No wetland alteration or wetland buffer permit shall be approved except it meet the standards set forth in Section 1010.08, subdivision 4. A permit may be approved subject to conditions reasonable and necessary to ensure compliance with the aforementioned standards in subdivision 4. Such conditions may, among other matters: (a) Provide for the enhancement of storm water storage, fish and wildlife habitat, and water quality enhancement functions of wetland zoning districts; (b) Provide for enhancement of recreation and education opportunities in wetland zoning districts; 1 See Chapter 1302 of this Code. 562157v1 DTA 2MU210-54 7 (c) Limit the size, kind or character of the proposed work; (d) Require the construction of storm water detention facilities or other structures; (e) Require replacement of vegetation; (f) Establish required monitoring or maintenance procedures, including the payment of costs for such procedures; (g) Stage the work over time and increments of land to be developed; (h) Require the alteration of the site design to insure buffering; (i) Require posting of sufficient surety to guarantee conformance to the purposes of the permit and all laws regulating the activity; or (j) Require the conveyance to the City of certain lands or interest therein. SECTION 18.22. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.03, subd. 4 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 4. Issuance of License: The Community Development Department shall issue a rental dwelling license if the building is found to be in compliance with the provisions of this Chapter and all other code provisions, Chapter 1005 of this Code, and the applicable requirements of Minnesota Statutes, 299F, as amended, provided however, that all real estate taxes and utility bills for the premises which are due have been paid. a. The license shall state that the rental dwelling has been inspected and complies with the requirements of the City Codethis Chapter and Title 1000, Chapter 1005, Housing Code. Additionally, the license shall contain contact information for maintenance and management requests and a statement that tenants of the rental dwelling may contact the attorney general for information regarding the rights and obligations of the owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. b. The following minimum standards and conditions shall be met in order to hold a rental dwelling license under this Chapter. Failure to comply with any of these standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation, or suspension of a rental dwelling license. (1) The licensee or applicant have paid the required license fees. (2) Rental dwelling units shall not exceed the maximum number of dwelling units 562157v1 DTA 2MU210-54 8 permitted by the zoning code. (3) An owner shall not have any violations of Minnesota Rule 1300.0120, subpart 1, related to building permits, at any rental dwelling which it owns or has an ownership interest. (4) Failure to complete required corrections to maintain the property in compliance with Chapter 1001 (Building Code), Chapter 1002 (Fire Code), and Chapter 1005 (Housing Code) of the City Code and the applicable requirements of Minnesota Statutes, Chapter 299F. SECTION 19.23. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.03, subd. 8 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 8. No license is transferrable during the pendency of a code enforcement matter related to the licensed premisesnotice of violation issued pursuant to Chapter 1005 of the City Code. SECTION 20.24. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.05, subd. 1a of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: a. For purposes of this Subdivision, a premises is disorderly when any of the following activities occur: (1) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13h of the City Code (Crimes Against Public Safety and Health) or violation of laws relating to possession of controlled substances as defined in Minnesota Statutes. (2) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 14 of the City Code (Public Misconduct or Nuisance) or violation of laws relating to disorderly conduct as defined in Minnesota Statutes, Sections 609.72 and 609.74. (3) Violation of Title 500, Chapter 501, Section 501.02, Subdivision 1 and Section 501.02, Subdivision 2 of the City Code (General Liquor Provisions) or violation of laws relating to possession, sale, or consumption of liquor or alcoholic beverages. (4) Violation of laws relating to gambling. (5) Violation of Mounds View Ordinances or Minnesota Statutes relating to prostitution. (6) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13b(2) of the City Code (Dangerous Weapons) or violation of laws relating to unlawful use or possession of a firearm. 562157v1 DTA 2MU210-54 9 (7) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly). (8) Violation of Minnesota Statutes, Section 609.71 (Riot) (9) Violation of Minnesota Statutes, Section 609.713 (Terroristic Threats of Violence). (10) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful Assembly) SECTION 21.25. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.05, subd. 1d of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: d. If a second instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in Subdivision 91c, was given, the Police Department shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Department within five (5) days of the receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. SECTION 22.26. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.05, subd. 1e of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: e. If a third instance of disorderly use of the licensed premises occurs within three (3) months after a second instanceany two (2) previous instances of disorderly use for which a notice wasnotices were given to the licensee pursuant to Section 1012.05, Subdivision 1d, the license for the premises may be denied, revoked, suspended, or not renewed. Any action to deny, revoke, suspend, or not renew a license shall be initiated by the Police Department or Community Development Department who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice shall specify all violations of this subdivision, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subdivision. (1) For the purposes of this subdivision, second and third instances of disorderly use shall be those which occur at the same rental unit, involve tenants at the same rental unit, involve guests or invitees at the same rental unit, involve 562157v1 DTA 2MU210-54 10 guests or invitees of the same tenant, or involve the same tenant. SECTION 23.27. 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 May 13, 2019, the City Council adopted Ordinance ___ that amends Title 1000, Chapters 1001, 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, and 1012 of the Mounds View City Code. The purpose of the amendment was to modify certain city regulations related to building and development, update certain insurance requirements, remove outdated and unnecessary code language, and update the code to conform to current City 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 24.28. 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 April 22, 2019. Second Reading and Adoption by the Mounds View City Council on May 13, 2019. Publication Date: __________________, 2019. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) Document comparison by Workshare Compare on Tuesday, May 21, 2019 5:22:38 PM Input: Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 35 Deletions 16 Moved from 2 Moved to 2 Style change 0 Format changed 0 Total changes 55 562157v2MU210-54 1 ORDINANCE NO. ___ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000, CHAPTERS 1001, 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, AND 1012 OF THE MOUNDS VIEW CITY CODE RELATING TO BUILDING AND DEVELOPMENT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1001, Section 1001.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1001.01: ADOPTION OF STATE BUILDING CODE: Subd. 1. Minnesota State Building Code – Adopted by rReference: The most current edition of the Minnesota State Building Code and related documents, as adopted by the Minnesota Department of Labor and Industry pursuant to Minnesota Statutes, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Department of Labor and Industry, through the Construction Codes and Licensing Division is hereby adopted by reference including Chapter 1306 with optional 1306.00200 Subpart 2. The Minnesota State Building Code is hereby incorporated in this Section as if fully set out herein. A copy of said Building Code is on file in the office of the City Administrator. Subd. 2. Effective Date: Effective July 1, 1972, all buildings within the City shall be regulated by current State statutes, as amended from time to time. SECTION 2. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1001, Section 1001.08 of the Mounds View Municipal Code by deleting the stricken material as follows: 1001.08: TEMPORARY CERTIFICATE OF OCCUPANCY: Subd. 1. Residential: A Temporary Certificate of Occupancy may be granted prior to sodding or seeding the lawn and finishing the driveway if approved by the Building Official. Subd. 2. Commercial: A temporary certificate of occupancy for not more than sixty (60) days for commercial and industrial applications may be granted before the required fire inspection approval. The City must inspect and approve all required fire protection systems. 562157v2MU210-54 2 SECTION 3. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1002, Section 1002.01 of the Mounds View Municipal Code by deleting the stricken material as follows: 1002.01: ADOPTION OF STATE CODES: Subd. 1. The most current edition of the Minnesota State Fire Code, as adopted by the Commissioner of Public Safety pursuant to Minnesota State Statutes, including all the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the State Fire Marshal Division is hereby adopted by reference including Minnesota State Amendments H and I. The Minnesota State Fire Code is hereby incorporated in this Section as if fully set out herein. Subd. 2. The most current edition of the Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options 1306.00200 Subpart 2, and 1306.0030 E Option 1. SECTION 4. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1002, Section 1002.03 of the Mounds View Municipal Code by deleting the stricken material as follows: 1002.03: ENFORCEMENT OF PROVISIONS: Subd. 1. Enforcement of Fire Code: The Minnesota State Fire Code shall be enforced by the Fire Marshal, who shall be appointed by and operate under the supervision of the Chief of the Fire Department. Subd. 2. Inspectors: The Code Official shall have the authority to appoint a deputy code official, other related technical officers and inspectors as shall, from time to time, be necessary. Subd. 3. Annual Report: A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Council. SECTION 5. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1002, Section 1002.08 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1002.08: RESIDENTIAL ALARM VERIFICATION: All Rresidential monitoring companiesy shall attempt to contact the homeowner for alarm verification prior to dispatching the police and fire departments. 562157v2MU210-54 3 SECTION 6. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1003 by deleting said Chapter 1003 in its entirety. SECTION 7. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1005.01: ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE: The 2003 2015 International Property Maintenance Code (IPMC), as promulgated by the International Code Council, Inc., is adopted by reference and incorporated into the City Code in whole as if it were set out in full, subject to the amendments contained in this Chapter. A copy of said International Property Maintenance Code is on file in the office of the City Administrator. SECTION 8. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 4 of the Mounds View Municipal Code by deleting the stricken material as follows: Subd. 4. Section 102.3 Application of Other Codes: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the Minnesota State Building Code (MSBC), established pursuant to Minnesota Statutes, Sections 16B.59 to 16B.75, as amended, as adopted by the City. Nothing in this Code shall be construed to cancel, modify or set aside any provision of the MSBC or the City of Mounds View Zoning Code. SECTION 9. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 28 of the Mounds View Municipal Code by adding the double- underlined material and deleting the stricken material as follows: Subd. 28. Section 307.2.2 308.2.2 Refrigerators: Not adopted. SECTION 10. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 29 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 29. Section 403.4 Process Ventilation: In accordance with the MSBC and the Minnesota State Fire Code (MSFC), where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at its source. Air shall be exhausted to the exterior and not be re-circulated to any space. SECTION 11. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1005, Section 1005.02, subd. 30 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 30. Section 403.5 Clothes Dryer Exhaust: Clothes dryer exhaust systems shall be independent of all other systems, and shall be exhausted in accordance with the 562157v2MU210-54 4 manufacturer’s instructions and the Minnesota State Mechanical Code (MSMC). SECTION 12. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1006, Section 1006.04, subd. 6 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 6. Insurance: Any person requesting a contractor’s license shall file with the City Administrator proof of public liability and property damage insurance showing the City of Mounds View as the certificate holder, which shall remain and be in force and effect during the entire term of said license or a renewal certificate shall be provided to the City at least ten (10) days before the expiration of the certificate on file with the City. The Certificate shall contain a provision that the insurance shall not be cancelled without ten (10) days’ written notice to the City. Public liability insurance should not be less than one hundred thousand dollars ($1,000,000.00) for injuries and property damage, including accidental death to any one (1) person, in an amount of not less than three hundred thousand dollars ($3500,000.00) on account of any one (1) accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00). SECTION 13. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1007, Section 1007.02, subd. 2 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 2. Zoning Permit Required: Buildings one hundred twenty (120) two hundred (200) square feet or less are exempt from the provisions of this Chapter but must meet the standards listed in Chapter 1006.01, subdivision 4. SECTION 14. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1008, Section 1008.07, subd. 3 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 3. Liability Insurance: Any person holding a license shall file with the City Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days’ written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($1,000,000.00) for injuries and property damage, including accidental death to any one (1) person and subject to the same limit for each person in an amount not less than three hundred thousand dollars ($3500,000.00) on account of any one (1) accident, and property insurance in the amount of not less than fifty thousand dollars ($50,000.00). SECTION 15. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1008 by deleting Section 1008.10, subd. 7 in its entirety. 562157v2MU210-54 5 SECTION 16. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1009, Section 1009.05, subd. 3 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 3. All electrical applications shall meet the requirements of Chapter 1003 of this Code and those in , including the Minnesota State Electrical Code. SECTION 17. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.02, subd. 1 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1010.02: FINDINGS OF FACT; PURPOSE: Subd. 1. Findings: a. The Council finds that wetlands within the City, as part of the ecosystem, are critical to the present and future health, safety and general welfare of the land, animals and people within the City, as well as within the Rice Creek Watershed District, that existing and potential development within the City and Rice Creek Watershed possess increasing ecological and economic problems and demands, having the effect of potentially despoiling, polluting, accelerating the aging, eliminating or negatively and irretrievably altering both the wetlands and their functions (and the processes associated therewith) which, if managed, will constitute important physical, educational, ecological, aesthetic, recreational and economic assets for existing and future residents of the community and the Rice Creek Watershed District. The City Council has in mind its statutory obligation to comply with Chapters 104, 105 and 112 of Minnesota State Law, the regulations of Rice Creek Watershed District, Regulations of the Department of Natural Resources, including provisions for protected waters, Public Law 92.500 ( the Federal Water Pollution Control Act), open space policies of the Metropolitan Council and its guidelines encouraging protection and enhancement of marshes, wetlands in the flood plain area and the public interest in preventing irreparable destruction or deterioration of valuable natural resources. b. The public interest necessitates sound land use development, as land is a limited and irreplaceable resource, and the land within the Municipality is a resource to be developed in a manner which will result in minimum damage to the quality of life, property, threat to health and reduction of private/public economic loss caused by drainage problems. SECTION 18. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.05, subd. 7 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 7. LOCAL WATER MANAGEMENT PLAN: A Local Water Management Plan, dated February 12, 1990 1, has been prepared for the City in accordance with Minnesota 1 See Chapter 1302 of this Code. 562157v2MU210-54 6 Statutes, Chapter 103B 103B.201 to 103B.255. The Plan identifies the goals and policies of the City in providing for future development while minimizing surface water problems. SECTION 19. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.08, subd. 4a of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum alteration of a wetland may be allowed when necessary for the use of property but only when it will not have a substantially or significantly adverse effect, as determined by the City, upon the ecological and hydrological characteristics of the wetland. However, in no case shall the restrictions set out below in Section 1010.08, subdivision 34a(1) - (6) be exceeded. Since the extent of alteration which can be permitted is limited, the City, when considering a permit application, shall consider equal apportionment of alteration opportunity. The alteration opportunity within the wetland shall be allocated among property owners in proportion to the area of wetland located within each property. SECTION 20. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.08, subd. 6b of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: b. City Council Authority: The City Council may issue permits which meet the standards in this Chapter and are beyond the scope of the administrative authority stated in Section 1010.08, subdivision 56a, or those that are appealed to the Council after having been reviewed and denied by City staff. SECTION 21. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1010, Section 1010.08, subd. 7c(1) of the Mounds View Municipal Code by deleting the stricken material as follows: (1) Compliance with standards: No wetland alteration or wetland buffer permit shall be approved except it meet the standards set forth in Section 1010.08, subdivision 4. A permit may be approved subject to conditions reasonable and necessary to ensure compliance with the aforementioned standards in subdivision 4. Such conditions may, among other matters: (a) Provide for the enhancement of storm water storage, fish and wildlife habitat, and water quality enhancement functions of wetland zoning districts; (b) Provide for enhancement of recreation and education opportunities in wetland zoning districts; (c) Limit the size, kind or character of the proposed work; 562157v2MU210-54 7 (d) Require the construction of storm water detention facilities or other structures; (e) Require replacement of vegetation; (f) Establish required monitoring or maintenance procedures, including the payment of costs for such procedures; (g) Stage the work over time and increments of land to be developed; (h) Require the alteration of the site design to insure buffering; (i) Require posting of sufficient surety to guarantee conformance to the purposes of the permit and all laws regulating the activity; or (j) Require the conveyance to the City of certain lands or interest therein. SECTION 22. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.03, subd. 4 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 4. Issuance of License: The Community Development Department shall issue a rental dwelling license if the building is found to be in compliance with the provisions of this Chapter and all other code provisions, Chapter 1005 of this Code, and the applicable requirements of Minnesota Statutes, 299F, as amended, provided however, that all real estate taxes and utility bills for the premises which are due have been paid. a. The license shall state that the rental dwelling has been inspected and complies with the requirements of the City Codethis Chapter and Title 1000, Chapter 1005, Housing Code. Additionally, the license shall contain contact information for maintenance and management requests and a statement that tenants of the rental dwelling may contact the attorney general for information regarding the rights and obligations of the owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. b. The following minimum standards and conditions shall be met in order to hold a rental dwelling license under this Chapter. Failure to comply with any of these standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation, or suspension of a rental dwelling license. (1) The licensee or applicant have paid the required license fees. (2) Rental dwelling units shall not exceed the maximum number of dwelling units permitted by the zoning code. (3) An owner shall not have any violations of Minnesota Rule 1300.0120, 562157v2MU210-54 8 subpart 1, related to building permits, at any rental dwelling which it owns or has an ownership interest. (4) Failure to complete required corrections to maintain the property in compliance with Chapter 1001 (Building Code), Chapter 1002 (Fire Code), and Chapter 1005 (Housing Code) of the City Code and the applicable requirements of Minnesota Statutes, Chapter 299F. SECTION 23. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.03, subd. 8 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 8. No license is transferrable during the pendency of a code enforcement matter related to the licensed premisesnotice of violation issued pursuant to Chapter 1005 of the City Code. SECTION 24. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.05, subd. 1a of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: a. For purposes of this Subdivision, a premises is disorderly when any of the following activities occur: (1) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13h of the City Code (Crimes Against Public Safety and Health) or violation of laws relating to possession of controlled substances as defined in Minnesota Statutes. (2) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 14 of the City Code (Public Misconduct or Nuisance) or violation of laws relating to disorderly conduct as defined in Minnesota Statutes, Sections 609.72 and 609.74. (3) Violation of Title 500, Chapter 501, Section 501.02, Subdivision 1 and Section 501.02, Subdivision 2 of the City Code (General Liquor Provisions) or violation of laws relating to possession, sale, or consumption of liquor or alcoholic beverages. (4) Violation of laws relating to gambling. (5) Violation of Mounds View Ordinances or Minnesota Statutes relating to prostitution. (6) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13b(2) of the City Code (Dangerous Weapons) or violation of laws relating to unlawful use or possession of a firearm. (7) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly). 562157v2MU210-54 9 (8) Violation of Minnesota Statutes, Section 609.71 (Riot) (9) Violation of Minnesota Statutes, Section 609.713 (Terroristic Threats of Violence). (10) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful Assembly) SECTION 25. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.05, subd. 1d of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: d. If a second instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in Subdivision 91c, was given, the Police Department shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Department within five (5) days of the receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. SECTION 26. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.05, subd. 1e of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: e. If a third instance of disorderly use of the licensed premises occurs within three (3) months after a second instanceany two (2) previous instances of disorderly use for which a notice wasnotices were given to the licensee pursuant to Section 1012.05, Subdivision 1d, the license for the premises may be denied, revoked, suspended, or not renewed. Any action to deny, revoke, suspend, or not renew a license shall be initiated by the Police Department or Community Development Department who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice shall specify all violations of this subdivision, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subdivision. (1) For the purposes of this subdivision, second and third instances of disorderly use shall be those which occur at the same rental unit, involve tenants at the same rental unit, involve guests or invitees at the same rental unit, involve guests or invitees of the same tenant, or involve the same tenant. 562157v2MU210-54 10 SECTION 27. 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 May 13 , 2019, the City Council adopted Ordinance ___ that amends Title 1000, Chapters 1001, 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, and 1012 of the Mounds View City Code. The purpose of the amendment was to modify certain city regulations related to building and development, update certain insurance requirements, remove outdated and unnecessary code language, and update the code to conform to current City 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 28. 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 April 22, 2019. Second Reading and Adoption by the Mounds View City Council on May 13 , 2019. Publication Date: __________________, 2019. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) Item No: 08F Meeting Date: May 28, 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: Resolution 9118, Modifying City Hall Hours on Trial Basis Background: Current City Hall operating hours are from 8 AM to 4:30 PM Monday thru Friday. Discussion: A combination of low traffic on Friday and staff flexibility provide an opportunity to explore via a pilot a change from the current 5 days a week to 4 days with doors unlocked at 7:00 AM and open until 5:00 PM. Trial period would occur for the full weeks of June, July and August 2019 starting on June 3 and ending on August 30th. NOTE – There will still be several individuals who will be working on Fridays, the front counter will just not be open. Public Works would maintain current schedule at 5 days a week from 8:00 AM to 4:00 PM. The Police Department would remain on current schedule of 5 days a week from 8:00 AM until 4:30 PM. Strategic Plan Strategy/Goal: Two strategies are addressed in this pilot, increasing community engagement and implementation of HR strategies to recruit and retain staff. Community engagement by offering hours that may result in greater traffic as compared to Fridays and the second by providing a no-cost but highly valued flexible schedule for those who wish to utilize. Financial Impact: There is no impact as this is a budgeted item. Recommendation: Conduct First Reading of Ordinance 957, Amending/updating Chapter 1000 of the Mounds View City Code Respectfully submitted, ___________________________ Nyle Zikmund City Administrator RESOLUTION NO. 9118 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING MODIFIED CITY HALL HOURS ON TRIAL BASIS FOR MONTHS OF JUNE, JULY AND AGUST 2019 WHEREAS, The City Council adopted a strategic plan that included strategies to increase community engagement and adopt human resource polices to help recruit and retain quality employees; and WHEREAS, City Hall traffic on Fridays, especially the afternoon is relatively slow; and WHEREAS, flexibility of schedule can be a highly valued benefit that carries minimal if any fiscal impact; and WHEREAS, conducting a trial period for modified hours will enable council, staff and the community the ability to assess the impact. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approves modifying City Hall hours from the current schedule of five days per week from 8:00 AM to 4:30 pm to four days per week from 7:00 AM to 5:00 PM starting June 3, 2019 and ending on August 30, 2019. Adopted this 28nd day of May, 2019 Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (SEAL)