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Mounds View City Council May 8, 1999 <br />Regular Meeting Page 23 <br /> <br />City Attorney Long advised that with regard to the first portion of Council Member Stigney’s <br />statement, a time restriction could not be placed on a variance, and it runs with the land. He <br />indicated that if a variance were granted at this time, this would be the case, however, if the <br />current or future property owner decided they did not desire the fence, they could remove it. He <br />advised that a time restriction could be attached to an interim use, however, conditional use <br />permits and variances were not subject to specific time frames. <br /> <br />Council Member Quick stated there were previous discussions in Council Chambers regarding <br />fire and burglar alarm calls, and consideration of imposing a surcharge for calls in excess of a <br />specific number. He indicated at that time, it had come forward that this had been determined to <br />be unconstitutional. <br /> <br />City Attorney Long stated the City could charge for some calls. Council Member Quick <br />indicated he was referring to penalties for excessive calls, which, in his understanding, rests with <br />the courts. <br /> <br />Council Member Thomason moved the question. <br /> <br /> Aye – 5 Nays – 0 Motion carried. <br /> <br />Council Member Quick requested the motion be restated. <br /> <br />Mayor Coughlin stated the findings are that this particular situation rises to level that allows for <br />the granting of a variance. <br /> <br />City Attorney Long advised that the motion should also indicate that based upon the facts and the <br />presentation, the Council finds that there is a hardship involved and that based upon those <br />findings, the Council would grant the appeal. <br /> <br />Mayor Coughlin stated furthermore, the motion would allow for the homeowner in question to <br />act in good faith upon the measure that would be passed, and allow the Mayor and the City <br />Administrator execute all necessary documents. <br /> <br />City Attorney Long added that the motion should indicate that the Council would direct staff to <br />prepare a resolution. <br /> <br />Council Member Quick stated it has been his experience that when the issues become <br />complicated, they should be restated to provide clarification. <br /> <br /> Ayes – 5 Nays – 0 Motion carried. <br /> <br />Mayor Coughlin inquired if Council Member Stigney would like to ask consent of the Council to <br />direct staff to explore administrative fees and fines. <br /> <br />Council Member Stigney stated he would. He added that a resident had brought to his attention <br />the possibility that the city of St. Paul had such an ordinance in effect. He indicated staff might <br />wish to contact the city of St. Paul to determine their policy in this regard.