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