Agenda Packets - 2012/01/09 - Laserfiche WebLink

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Mounds View City Council December 12, 2011 Regular Meeting Page 3 the numerous uses. He indicated Mr. Halverson was given notice of the public hearing and 1 invited to attend this evenings meeting. 2 3 Mayor Flaherty opened the public hearing at 7:22 p.m. 4 5 Hearing no public input, Mayor Flaherty closed the public hearing at 7:22 p.m. 6 7 Mayor Flaherty questioned if the Council was free to speak on this issue. City Administrator 8 Ericson noted the business was temporarily closed, but may still operate on the weekends. Mr. 9 Halverson was planning to come before the Council with additional information. Beyond this 10 issue, the outdoor sales would still need to be addressed by the Council. 11 12 Council Member Mueller indicated she has received a number of calls regarding this property 13 and the Saturday/Sunday sales. She commented the community found this to be an eyesore. She 14 questioned if the previously approved CUP remained with the property. City Administrator 15 Ericson stated this was the case. 16 17 Council Member Mueller noted that the previously approved CUP listed specific dates and times 18 when sales could occur. She felt the CUP should be upheld and not expanded. In addition, the 19 activity being conducted that was not allowed in the permit should cease. 20 21 Council Member Hull asked why the property owner has not applied for a vehicle sales permit. 22 City Administrator Ericson noted Mr. Halverson has been told this was a violation and that a 23 permit was required. He indicated numerous complaints were being made to the City. 24 25 Council Member Mueller expressed frustration that the City had taken no action to date. 26 27 Council Member Stigney did not support expansion of the CUP. He questioned if the currently 28 CUP allowed for person-to-person sales. City Attorney Riggs noted the current CUP allowed for 29 outdoor sales, but this did not include auto sales. He recommended the Council enforce the 30 existing CUP. 31 32 Council Member Hull indicated the outdoor sales has taken place over the past two years and 33 questioned how the City could enforce the issue now. City Administrator Ericson explained the 34 City would bring the issue to the prosecuting attorney to enforce the City Code. The terms of the 35 CUP were not being followed. The City has informed the property owner of the need for an auto 36 sales permit on several occasions and the property owner has failed to comply. 37 38 Council Member Gunn commented she was not in favor of expanding the CUP or increasing the 39 hours of outdoor sales. She recommended the auto sales be removed from the site. She 40 questioned if the CUP could be removed from the property. City Administrator Ericson 41 indicated this would be a right of the Council to hold a hearing to rescind a CUP. 42 43 Mayor Flaherty indicated when this was first approved in 2009, the CUP was followed. Over 44 time, the property owner has exceeded the dates and times of outdoor sales, along with the 45