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HomeMy WebLinkAboutAgenda Packets - 1999/07/26CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, JULY 26, 1999 7:00 P.M. 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. City Council July 12, 1999 Minutes 5. SPECIAL ORDER OF BUSINESS: 6. REPORTS 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Approve budget amendment transferring $12,500 from the General Fund Contingency Fund to the City Council Capital equipment account to purchase laptop computers for the City Council. C. Contractor licenses for approval. 8. UNFINISHED BUSINESS 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. Please limit your comments to three minutes. 10. COUNCIL BUSINESS 7:05 A. Public Hearing and Consideration of Resolution 5348, a resolution contemplating the issuance of a conditional use permit for an over -sized garage at 8059 Red Oak Drive. 7:10 B. Public Hearing and consideration of Resolution 5349, a resolution contemplating the issuance of a conditional use permit for Thrifty Car Rental, to be located at 2975 Highway 10. 7:15 C. Public Hearing and consideration of Resolution 5351, a resolution approving the issuance of a conditional use permit for an outdoor produce sales stand at 2732 Highway 10, requested by Holiday Stationstore. C AJOANB\AGENDAS\CC\7-26-99.CC Page Two City Council Agenda July 26, 1999 D. Suspension of Waste Management of Blaine Hauling License E. Second reading and consideration of Ordinance 632, an ordinance amending Chapter 1113 of the Zoning Code pertaining to permitted uses within the B-2, Limited Business Zoning District. F. Right of Way Ordinance. G. Review of TIF Parcel Decertification H. Review of Charter Provision Correction 11. Next Council Work Session: Monday, August 2,1999 - 6:00 P.M. Next Council Meeting: Monday, August 9, 1999 - 7:00 P.M. 12. ADJOURNMENT C:U0ANMAGENDAS\CC\7-26-99.CC July 22, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: July 26,1999 City Council Meeting We actually have three meetings on Monday, the special work session, the regular meeting and the EDA. There's what we have: Special Work Session, Item 1 - Review of Assistant to the City Administrator Options: Please see my memo. Item 2 - Year 2000 Budget Priorities: With the summer quickly moving along, we are within seven weeks of setting the preliminary levy. For the time devoted to this issue, I suggest the Council talk about the budget in general terms, such as the direction the Council would like to see the organization go, any particular capital outlay or major initiatives, levy and other revenue levels and service levels. Bruce will be there with me Monday for the discussion. Also, the Council will likely want a real budget work session fairly soon, such as August 16. Regular Meeting Agenda, Item 7B on Consent Agenda: In following up on discussion of laptop for council members, this item would provide the funds to do so from the contingency account. Roughly speaking, laptops should run around $2,500 apiece. Item lOD - WMS License Suspension: Mike will cover this and by meeting time it may be taken care of . Apparently WMS has not been submitting the recycling reports they are required to. Naturally, a suspension can create a lot of problems for customers and this will need to be talked about Monday night. Item 10F - Right of Way Ordinance: Bob Long will review this with the Council Monday evening. As of this writing I do not have an improved version for Council packets and this may have to come at the meeting. Item 10G - TIF Parcel Decertification: I received a signed council inquiry from four council members to have the Holiday and Realife parcels prepared for decertification. Since the last time the Council discussed this, the direction was to wait until the city's of use was reviewed. Those meetings have taken place with no conclusion yet. Bruce has prepared a resolution following the request of the council inquiry. Item 10H - Charter Provision Correction: During the three years plus I have been with the city the charter has not had a provision limiting term lengths despite a referendum from 1994 to do so. Charter Chair Julie Olson however did confirm with the Secretary of State's office that the provision was filed there, and therefore all city copies of the charter need to be updated. While this provision is considered unconstitutional, the process for placing it in the charter does seem to have been done correctly. I am not clear as to why the provision did not make it into the charter, but seeing that is it appropriate to make it so, I felt advising the Council of this was in order. This is all for now. I will be out of the office for the latter half of next week attending my first League of Minnesota Cities Board retreat. See you Monday. CITY OF MOUNDS VIEW MEETING MINUTES MONDAY, JULY 12, 1999 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, Stigney, and Thomason. NOT PRESENT: None 3. APPROVAL OF AGENDA A. Monday, July 12, 1999 City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. UV L Mayor Coughlin requested the addition of Item 10-G, Consideration of Appointments to the Parks and Recreation Commission, to the present agenda. No additional items were considered. MOTION/SECOND: Stigney/Marty. To accept the July 12, 1999 City Council Agenda as presented with the addition of Item 10-G. Ayes - 5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, June 28,1999 City Council Minutes Council Member Marty requested that Page 7, fifth paragraph, first sentence indicate the correct spelling of the name John Theis. Council Member Marty requested a correction to Page 8, first paragraph, fourth line, to indicate "...executed June 4, 1999 with Fran and Sons," MOTION/SECOND: Marty/Thomason. To accept the June 28, 1999 City Council minutes as corrected. Ayes — 5 Nays — 0 Motion carried. 1 cAadmin\minutes\7-12-99.cc 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Council Member Quick had no report. Council Member Marty had no report. Mayor Coughlin extended his thanks to the Festival in the Park Committee. He stated that he had attended the festival and the fireworks display, and that the Committee had done a very good job. He commended all those who participated in planning the event. Council Member Thomason stated that she had also attended the Festival in the Park, and commended all those involved in the planning for a great festival. Council Member Stigney reported that he had attended the previous Planning Commission meeting. He stated that there was discussion of the Thrifty Car Rental proposal to operate at the former Quik Lube site, which was scheduled for discussion that date, and that the public hearing for the proposal had been set for the July 26 Council meeting. He stated that the Planning Commission had discussed a variance request for a reduced front yard setback, and a proposal by MSP Real Estate to develop an assisted living facility to be located behind the SuperAmerica station. Council Member Stigney stated that there was discussion of a proposed ordinance amending the City Zoning Code pertaining to permitted uses within the B-2 Limited Business Zoning District, as well as discussion of the Mounds View Municipal Code relating to billboards. He stated that he also had attended the Festival in the Park and remarked that the fireworks display was great. City Administrator Whiting stated that the new Highway 10/610 opening would be celebrated on Saturday, June 17 from 11:00 a.m. to 2:00 p.m., in the park next to the Blaine City Hall. He noted that the public was invited to attend the event, and walk, bicycle, roller blade and run on the new freeway. He stated that the ribbon cutting ceremony would be held on July 21, at 10:00 a.m. City Administrator Whiting extended his congratulations to his assistant, Cari Schmidt on her new position as City Administrator for the City of St. Joseph. He stated that, at this time, he had no proposal for filling the position vacated by her departure, and added that the Council might wish to discuss this matter at their next meeting or Work Session. He stated that Ms. Schmidt would do well in her new position, and that the City's loss would be the City of St. Joseph's gain. He noted that Ms. Schmidt's last day with the City of Mounds View would be August 6, 1999. 2 c:\admin\minutes\7-12-99.cc Mayor Coughlin stated that Ms. Schmidt brought great skill and talent to her position with the City, and added that she has done a great job. He stated that through her skills and abilities, she has helped make the City of Mounds View a better place. Council Member Marty stated that they all wished Ms. Schmidt the very best, and that she would be missed. He stated that the Council would like to have her input, in regard to how her position would be best filled. He suggested that the Department Heads and staff provide recommendations regarding the matter, and attempt to address the issue at soon as possible. He noted that this would be a difficult position to fill, in light of Ms. Schmidt's capabilities. He added that Ms. Schmidt had much insight, and that he respected her for that. Mayor Coughlin stated that it was the consensus of the Council to direct staff to research the matter of filling the upcoming vacancy, and provide their recommendations at the next Work Session. Council Member Quick extended his congratulations and best wishes to Ms. Schmidt, and added that she would be missed. Council Member Thomason stated that she had attempted to convince Ms. Schmidt to reconsider and remain with the City of Mounds View. She stated that the decision was a difficult one for Ms. Schmidt, and that this was a great opportunity for her. She stated that Ms. Schmidt would be missed, and extended her best wishes. She added that the City of St. Joseph would be gaining a terrific person. Assistant to the City Administrator Schmidt thanked the Mayor, Council, and City Administrator for their kind words, adding that it had been a difficult decision, but a great opportunity that she did not want to pass up. She added that her predecessor would have a great City to work for. Ms. Schmidt reported that the City's custodian, Richard Kujawa had given his notice, his last day being the second of July. She commented that the matter of hiring a new j anitorial service would normally be discussed at the Work Session, however, in light of the current situation, staff felt it was necessary to address the matter as soon as possible. She stated that staff had announced the position in the Focus Newspaper and sent the advertisement to all metropolitan cities, and had received no responses. She stated that staff had solicited bids from four different cleaning business, and that Coverall's was the lowest bidder. She stated that staff requested direction concerning how to proceed. Ms. Schmidt stated that the majority of the cleaning companies who submitted bids did provide their own supplies which, until this point, have been furnished by the City. She stated that this would represent savings to the City. 3 c:\admin\minutes\7-12-99.cc Council Member Marty stated that the Council should act upon this matter as soon as possible and asked for staff's recommendation. Ms. Schmidt stated that staff would accept the lowest bid, as presented by Coverall's cleaning service. Council Member Stigney inquired regarding the length of the contract. Ms. Schmidt stated that it was a month-to-month contract requiring a thirty -day notice, should the City reconsider. Council Member Marty asked how soon they could start. Ms. Schmidt stated that they could start within the week, if they were notified immediately. MOTION/SECOND: Marty/Thomason. To accept the lowest bid as submitted by Coverall's Cleaning Service at $1,200 per month. Ayes — 5 Nays — 0 Motion carried. Council Member Marty stated that he would like to acknowledge the recent passing of Leon Burton, adding that he would be missed. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Set a public hearing for 7:05 p.m., Monday, July 26, 1999, for the consideration of Resolution 5348, a resolution contemplating the issuance of a conditional use permit for an over -sized garage at 8059 Red Oak Drive. C. Set a public hearing for 7:10 p.m., Monday, July 26,1999, for the consideration of Resolution 5349, a resolution contemplating the issuance of a conditional use permit for Thrifty Car Rental, to be located at 2975 Highway 10. D. Set a public hearing for 7:15 p.m., Monday, July 26, 1999, for the consideration of Resolution 5351, a resolution contemplating the issuance of a conditional use permit for the outdoor produce sales stand at 2732 Highway 10, requested by Holiday Station store. E. Consideration of Chip Seal bid. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. Council Member Marty stated that he had learned about Items C and D in the newspaper, and inquired if the Council might learn about the Items prior to their publication. 4 c:\admin\minutes\7-12-99.cc Council Member Stigney stated that the Items are discussed at the Planning Commission Meetings, and posted in the newspaper as required. Council Member Marty requested that Item E be removed from the Consent Agenda for further discussion. Council Member Marty asked Director of Public Works Ulrich if Allied Blacktop Company had submitted the only bid for the Chip Seal this year, and if this was also the low bidder of the previous year. Director of Public Works Ulrich stated that this was correct. MOTION/SECOND: Quick/Stigney. To accept Items A, B, C, and D of the Consent Agenda as presented. Ayes — 5 Nays — 0 Motion carried. MOTION/SECOND: Quick/Marty. To accept Item E of the Consent Agenda as presented. Ayes- 5 Nays — 0 Motion carried. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR There were no requests or comments from the floor. COUNCIL BUSINESS A. Public Hearing and Introduction (First Reading) of Ordinance 632, an ordinance amending Chapter 1113 of the Zoning Code pertaining to permitted uses within the B-2, Limited Business Zoning District Mayor Coughlin opened the Public Hearing at 7:30 p.m. Planning Associate Ericson stated that this was an ordinance which amended the Zoning Code in regard to the B-2, Limited Business Zoning Districts, to permit private educational facilities as an allowed use within the Zoning District. He stated that the ordinance had been reviewed by legal staff and would require one change prior to Second Reading, that is that all of the permitted 5 c:\admin\minutes\7-12-99.cc uses be listed under Subdivision 1, as well as the addition of private education facilities. He stated that staff would present a revised ordinance for the Second Reading. Ericson stated that the City has received an application from Calvin Academy to operate a private education facility within Silver View Plaza, located at 2540 Highway 10. He stated that while the intent of the Zoning District does present that this type of use would be permitted, the Code does not specifically allow for it. He stated that, in an effort to eliminate any questions regarding this type of use, staff proposes that it be added to the list of permitted uses, adding that if no action is taken, Calvin Academy would operate and function by virtue of an administrative Code interpretation. Mayor Coughlin closed the Public Hearing at 7:34 p.m. Council Member Marty asked if the applicant, as an educational facility, would be tax-exempt. Ericson stated that this was a lease operation, noting that the owners of Silver View Plaza would pay taxes, regardless of who leased from them. Council Member Stigney stated that, in light of the effort to clean up the Code, the present language may be limiting. He suggested the phrase "private educational or instructional facilities." Ericson agreed that this was the intent of the amendment, and they could utilize this wording to make it more explicit. Council Member Quick asked if this would prohibit the Mounds View Public School District from leasing a space in the district, and utilizing it for instructional purposes. Ericson stated that it would not. Mayor Coughlin suggested the omission of the word "private," and to simply indicate "educational or instructional facilities." City Attorney Long stated that this broader definition of the use would be preferable, so as to prevent a question of interpretation in the future. Mayor Coughlin stated that it was the consensus of the Council to amend the language of the ordinance to indicate "educational or instructional facilities." MOTION/SECOND: Stigney/Marty. To Waive the Reading, and Approve First Reading of Planning Commission Resolution No. 585-99, a Resolution Recommending Adoption of Proposed Ordinance 632, and Ordinance Amending Chapter 1113 of the Mounds View Zoning Code Pertaining to Permitted Uses Within the B-2, Limited Business District; Special Planning Case No. SP -082-99, as amended. Ayes — 5 Nays — 0 Motion Carried. B. Public Hearing regarding the Street Committee Policies Report. 6 cAadmin\minutes\7-12-99.cc Mayor Coughlin opened the Public Hearing at 7:38 p.m. Director of Public Works Ulrich stated that this was the second time this matter had come before the Council for discussion. He reviewed the Streets Policies Committee recommendations as follows: 1. The standard from which to start considering a street improvement should be based on the current design of the street. 2. Streets should be designed to provide a safe driving surface, but no wider than necessary to minimize the amount of impervious surface. The City will consider all drainage options. 3. Determine the concerns of the residents who are involved in the project through a City - sponsored questionnaire and follow up with additional informational meetings with those residents before Council approves action. The feasibility study is to incorporate the residents' issues and concerns. 4. The City integrates a flexible 18 to 36 month time schedule for street reconstruction proj ects. 5. Integrate certifying the MSA road system as complete into the City's overall project improvement plan. 6. The City considers bonding and/or creating interest -bearing -only funds to contribute toward the City's share of reconstruction costs. 7. Reduce the property owners' assessment from 50 percent to 20-25 percent of the reconstruction project costs. House Representative Barbara Haake extended her appreciation to all those who assisted in the preparation of the Streets Policies Committee Report. She stated that they had done a wonderful job, and that the recommendations were very good. She stated that, as they moved forward, the recommendations would the provide the community the opportunity to communicate their desires as to the kind of streets they desired in their neighborhoods, and that the citizens of Mounds View would come to feel a sense of ownership in that regard. She thanked the Council for their consideration of the issues. She noted that the street she resides upon is currently being resurfaced, and added that Spring Lake Road and County Road I should be completed in approximately one week. She thanked Director of Public Works Ulrich for his assistance in this area as well. 7 cAadmin\minutes\7-12-99.cc Jim Schmidt, 5446 Ericson Road, stated that he appreciated the opportunity to participate with the Committee. He stated that he believed the policies and recommendations they had made were sound. He expressed his particular appreciation to City Administrator Whiting for his role in mediating the different parties' concerns. He noted that it was important to relay to the public the necessity of addressing the street issues. He commented that the streets were not currently in very good shape, many having been paved years ago. He stated that Director of Public Works Ulrich had the responsibility of maintaining these streets, and the expense is probably more than it should be, given the age of the facilities. He stated that the contemplation of awarding a Chip Seal at this time of year results from this preparation, noting that many communities do this type of work in May and June. He stated that it was very important to maintain the streets in the community, in consideration of the property values. He stated that the informational exchange, questionnaires and participation of the community in the projects that will impact them would ultimately communicate the necessity of addressing the street issues. He expressed his appreciation to the City staff for their efforts in this regard. City Administrator Whiting stated that the next step would be to direct staff to review the existing ordinances and resolutions that have guided the City's policies for street improvements in the past, and draft the changes that reflect the policies that the Street Policies Committee and Council have reviewed. He stated that these revisions could be adopted sometime thereafter, adding that the timing is such that they will be able to get some of this done by late summer to early fall, and the plans for future projects could be made at that point. Mayor Coughlin closed the Public Hearing at 7:43 p.m. Council Member Marty stated that he thought the reduction of the immediate assessment to the citizens from 50 percent to 20-25 percent was a big step. He stated that everyone would notice a little change, but that when it came time to redo his or her particular street, it wouldn't be so difficult to swallow as prior City policy. He extended his appreciation to the Committee for all of their hard work. Mayor Coughlin stated that it was the consensus of the Council to follow the recommendation of the City Administrator, and direct staff to research the previous resolutions and policies to determine all of the possible impacts of adoption of all or some of the Street Policies Committee recommendations. He stated that the matter be would be brought forward for further discussion at a future Work Session. C. Public Hearing and Second Reading for Ordinance 634, an Ordinance implementing a franchise fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. Mayor Coughlin opened the Public Hearing at 7:46 p.m. 8 c:\admin\minutes\7-12-99.cc There was no public input. Mayor Coughlin opened the Public Hearing at 7:46 p.m Council Member Stigney explained that this ordinance was to allow the City to implement a franchise fee upon Reliant Energy Minnegasco who is currently serving Zep Manufacturing and the City golf course, and nothing else within the City of Mounds View at this time. City Attorney Long advised the Council to direct staff to fill in the blank space in Subdivision 2 of Ordinance 634 to indicate "July," and that the blank space in Subdivision 6 reflect the same date as the expiration of the Northern States Power franchise fee agreement. Mayor Coughlin stated that it was the consensus of the Council to follow the City Attorney's advisement. MOTION/SECOND: Stigney/Thomason. To Waive the Reading and Adopt Ordinance 634, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. Ayes — 5 Nays — 0 Motion carried. D. Legislative Report — House Representative Barbara Haake House Representative Haake stated that it was very good to be out in the public again. She stated that she had attended the Festival in the Park and the parade, which were wonderful, and that the following day she assisted the Lion's with their hot dogs, brats and nachos, and she enjoyed that very much as well. She stated that the people who work so hard on the Festival in the Park always do a wonderful job. Representative Haake congratulated Mayor Coughlin and Council Member Marty on their new roles in fatherhood. She stated that Assistant to the City Administrator Schmidt would be missed, adding that having her own position as a City Administrator was a fabulous opportunity for her. She stated that Ms. Schmidt, with a law degree behind her, had great things in store for her, and would go far. Representative Haake reported on the recent Session Update. She stated that there was presently a surplus of 2.9 billion dollars within the state budget. She stated that she was aware that the City had wanted the levy limits lifted, however, the House had decided to continue those limits for another year. She stated that she was aware that this would be difficult for communities, and that she understood that. She noted, however, it was done in consideration by the Leadership in the House of Representatives. The Senate and the Governor desire to provide that the people realize the property tax rebate, or at least a reduction in taxes. She added that this would 9 cAadmin\minutes\7-12-99.cc continue for another year. She stated that there may have been concern, in regard to lifting the levy limits, that this might absorb the property tax relief, and that their intent was to indicate to the people that they had a little bit of a break. Representative Haake reported that the state currently had a 24 billion dollar budget, and of that, approximately one third, 7.9 billion dollars, would be set aside for schools, which represents approximately fifty percent of the property tax assessment. She remarked that the state does pay a large amount for schools. She reported that they had recently passed an 80 million -dollar levy on a bonding issue, for maintenance within the Mounds View School District. She stated that this issue was not only a concern in Mounds View, and is still being discussed in the legislature in regard to other school districts, which were not so fortunate. Representative Haake stated that there was a 7.9 billion -dollar budget for education, with an increase of 14 percent over the next two years. She stated that this translated into an additional 512 dollars per pupil aid, as compared to the current 370 dollars per child. She noted that both Republicans and Democrats in the House of Representatives had desired to change the educational profiles to revert to the previous more rigorous standards, however, no action was taken by the Senate or Governor in this regard, and therefore the profiles would continue unchanged. Representative Haake reported that the state's 2.9 billion -dollar surplus had been consolidated into a tax relief package, and that 1.3 billion would be given back to the taxpayers in a one time sales tax rebate, which was scheduled for sometime in August or September, October at the latest. She stated there would be an additional 1.6 billion in permanent income tax cuts, which is the largest income tax cut in state history, and the largest tax rebate ever. She noted that the average family would receive approximately 700 dollars in the sales tax rebate. She cited the statistics of the rebate amounts from a table that she would be distributing within the community. Representative Haake reported that the House of Representatives had provided an amortization process, which would phase out undesirable businesses within two years. She stated that this would apply to such businesses as adult bookstores, theaters, and similar adult -only types of businesses, and that this would require no payment to the owner for their particular business, but is approached as a property purchase. She stated that any other undesirable businesses would require such measures as eminent domain, TIF District, Conditional Use or the Comprehensive Plan as a means to eliminate them from the community. This, she noted, was in consideration of the determination that the owner should be compensated for their business if they are asked to leave the community. Representative Haake stated that Tax Increment Funds, if put into place three years ago, would have applied to the Mounds View Community Center, as they may not be utilized for community centers or recreational activities anymore. She stated that, in regard to property tax reform, there has been an increase in state aid to offset the reduction of commercial, industrial and personal 10 c:\admin\minutes\7-12-99.cc property taxes. She stated that additional monies would be provided to local governments, to help pay for the increased spending they have incurred. She stated that, in an effort to counteract a shifting in those property taxes, they have established an Education Homestead Credit, which in 1999 will amount to 145 million dollars. She stated that the 1999 Omnibus Tax bill would provide an additional 116.9 million dollars for the next biennium. She added that they had projected into 2002 and 2003 with another 268.3 million dollars to offset that shift created by the third phase of the property tax reform. Representative Haake stated that they had received comments from some cities indicating it appeared as if the House of Representatives did not trust them. She stated that she had learned there are "seven sides to an issue," and that this was what was occurring at the state level. She commented that she was aware that the state was making it difficult for city government, but noted that she had learned, according to the State Auditor's Report, spending by cities has increased nearly 2.5 times the rate of inflation between the years of 1985 and 1996. She stated that this represents a 90.8 percent increase, compared to the inflation rate of 39 percent over that eleven -year period, adding that this goes to the theory that "if we're going to give the people breaks, they don't want the cities coming back for more." Representative Haake reported on the issue of State Emission Testing. She noted that 7 of every 8 dollars collected for these tests, goes to the emission tester. She stated that they have seen a steady decline of 6 percent in carbon monoxide levels, since 1987. She stated that in July of 1991, they had been told they would see a 25 to 30 percent decrease in carbon monoxide emissions in the twin city area, and that the actual decline does not represent that amount. She noted that only 20 percent of the emission testing process applies to hydrocarbons, which are produced through evaporation, and that a different testing process would be required to properly assess those emissions. She stated that, as it is, the ozone layer will not be an issue for five to ten years, and therefore carbon monoxide emission testing will be phased out pursuant to a bill that she has authored, on March 1, 2000, subject to approval of the Environmental Protection Agency. Representative Haake reported on the Airport Bill, noting that she had found this to be one of the most controversial issues introduced at the House of Representatives. She stated that it had been suggested she present the issue on a regional basis, rather than an issue of concern to the City of Mounds View which it has been for the past 30 to 40 years. She stated that the bill consists of two parts. One component indicates that they establish in number, 4000 feet as a minor airport, and that anything above that would be an considered an intermediate or higher designation. The other component of the bill is that it be on a regional basis, which requires that the determination of the matters concerning runway length and size, and airport sizes, should be a legislative decision, and not that of the Metropolitan Airport Commission. She stated that the Metropolitan Airport Commission is an appointed body, as they don't believe they should make these determinations which impact so many people. 11 c:\admin\minutes\7-12-99.cc Representative Haake stated that she had been to the Anoka County Airport, and had communicated with pilots, and received many letters from the public regarding their concerns. She stated that they had emphasized their desire for 5000 -foot runways with an ILS, to assist in landing and safety concerns. She noted that this would also bring in slightly larger aircraft, adding that the local airport was already slated for four runways. She stated that she was attempting to communicate to the pilots that although they are in favor of the larger runways, they would have to understand, if they are allowed, they would no longer be considered a "pasture" airport. She stated that when the Metropolitan Airport Commission acts upon something they generally have a "grand plan," and if they agree to allow the larger runways, the Anoka County Airport will probably end up being the intermediate airport for the Twin Cities. Representative Haake stated that Metropolitan Council and Metropolitan Airport Commission's Aviation Guide of 1986 indicated a plan that involved researching another reliever airport site in the northwest portion of the Twin City area. She stated that this was not noted in the new plan, which indicated to her that they believed they would have their way, and that the site will probably be the Anoka County Airport. She stated that they had offered a compromise to this possibility, however, it was rejected. Representative Haake stated that amidst the negotiations, her bill is still alive, and will come back for consideration in the February Session. She stated that it has progressed to the Rules Committee, and that Speaker of the House Sviggum, and Majority Leader Pawlenty had promised they would provide assistance to her in regard to the bill, however, not until next year. Representative Haake stated that she had always believed that the word "politics" stood for "people, principle and policy." She remarked that she had recently learned that politics is power, and that politics were involved in the decision making process on this issue. She stated, however, that this would not deter them from their goals. She stated that City Attorney Long and Attorney John Choi had worked very diligently to get this bill passed, however, by the time it got to the Transportation Committee, it was subject to a straight party line vote. She stated that she believed the decision was made based upon power, and not the good policy of the bill. Mayor Coughlin expressed his appreciation to Representative Haake for her leadership in the airport issue, and numerous other issues not as well known. He added that he thanked her very much for the tenacity she has shown in the airport issue, and that it was fascinating to have been a participant in the process in a small way, testifying with her and working closely with her. He stated that it has been an honor and a pleasure to work with her on this and other issues. Mayor Coughlin inquired regarding the process that determined that City purchases are still subject to sales tax. Representative Haake stated that the process was in consideration of the entire tax cut menu, and that they had wanted to see how they could reach the most people, most effectively. She stated that the underlying consideration was if they made cities purchases exempt from tax, they would 12 c:\admin\minutes\7-12-99.cc possibly make five people on the Council happy, and that this would not be enough impact on the citizens. She stated that this issue would continue to be researched and would be revisited in the future. She noted, however, that the closest they came to this type of policy, was to allow counties to be exempt from sales tax on the purchase of equipment for road maintenance, which was rejected in the end as well. Representative Haake commented on the affects of unicameral broadcasting upon the political process, indicating that she would like to see it in a non-partisan format, as was utilized at the state level, prior to 1972, at which time the members were simply labeled conservative or liberal. She stated that the partisanship is probably the most difficult roadblock to the political process. She stated that she was in favor of unicameral broadcasting, but believed the State of Minnesota would not accept it. She stated that there were 201 members in the House of Representatives and that she did not believe that many were necessary. She stated that they were presently organizing a task force of thirteen appointees, to research such issues as budgetary items, privatization, and duplication of services, Council Member Marty commended Representative Haake for her energy and tenacity in following through with what she presented in her election platform. He expressed his appreciation for her representation of the Mounds View area and their concerns, noting that he did not feel this in the past representative. He noted her comment regarding "seven sides to an issue," and stated that upon his election to the Council, he had learned that there were at least five sides. He added that her experience was somewhat disheartening to him. Council Member Marty requested clarification of the Education Homestead Credit. Representative Haake stated that the Education Homestead Credit was a result of the reduction of commercial, industrial and personal property tax, and was created to offset the decrease of funds in that area. She stated that, as educational services are probably the highest assessment upon property taxes, they had established this Credit to provide additional monies to be utilized by cities as required in this area. Council Member Stigney commented on Representative Haake's statement regarding the definition of politics, noting that he would like to add persuasiveness to the list, and that she certainly possessed the power of persuasion. He added that she represented his views. Representative Haake thanked Council Member Stigney for his compliment, and added that she couldn't have done it without the support of the Mayor, Council Members, City Attorney Long, and City Administrator Whiting. She added that she does fight for what she feels is right, and enjoyed doing that. She stated that she really wants to win on the airport issue. Mayor Coughlin thanked Representative Haake for her update, reiterating that it was a pleasure to work with her. 13 c:\admin\minutes\7-12-99.cc E. Setting a Special City Council Work Session regarding the Year 2000 Budget Priorities for Monday, July 26,1999 at 6:00 p.m. in the Council Chambers. Mayor Coughlin stated that this Special Session was scheduled prior to the Council Meeting on July 26. City Administrator Whiting requested that the Session include discussion of the addition of a staff person to fill the vacancy created by the departure of Assistant to the City Administrator Schmidt. Mayor Coughlin agreed, stating that they should do this as soon as possible so that they might utilize Ms. Schmidt's input for this discussion. MOTION/SECOND: Thomason/Stigney. To Approve Setting a Special City Council Work Session Regarding the Year 2000 Budget Priorities for Monday, July 26, 1999 at 6:00 p.m. in the Council Chambers. Ayes — 5 Nays — 0 Motion carried. F. Council approval of the hiring of William Clark for the position of Police Chief. City Administrator Whiting stated that pursuant to discussion at the prior Council Meeting, Mr. Brimeyer had spoken with Mr. Clark regarding the question of the starting wage which had come forward. He stated that this has been reformulated to reflect the beginning salary of the existing Step 2, which is $57,730. He stated that there would be a performance evaluation at six months, whereupon Mr. Clark would advance to the next step, with advancement to step 4 by the end of one year. He stated that wage increases after that point would be according to the pay plan, which was a bit less than the Council had agreed to. He stated that some language changes had been discussed at the prior meeting, and they had been incorporated into the proposal. He stated that he had a brief conversation with Mr. Clark who indicated that he is awaiting word from the City Council regarding the matter. City Administrator Whiting stated that once Council action is taken, he would notify Mr. Clark, who would then submit his 30 -day notice to the City of Benson. He stated that Mr. Clark's starting date would be August 16,1999. Council Member Stigney stated for the record, that this agreement says in effect, Mr. Clark will be subject to all the management policies of non-union police members, and not those of union members. MOTION/SECOND: Marty/Thomason. To Approve the Hiring of William Clark for the Position of Police Chief. 14 c:\admin\minutes\7-12-99.cc Ayes — 5 Nays — 0 Motion carried. Mayor Coughlin requested that City Administrator notify Mr. Clark as soon as possible. G. Presentation'of the appointments of Dawn Little, Theresa Lexcen, and Rich Sonterre to the Parks and Recreation Commission. Mayor Coughlin presented the Council Members with the names of the following residents for their consideration for appointment to the Parks and Recreation Commission. He stated that as previously noted, Pamela Starr and Scott Dentz have both resigned from the commission recently, and two of the three recommended appointments were to fill those unexpired terms. He stated that the final seat on the commission is a newly created position to round out the seats to nine members, adding that upon closer inspection of the appointment records, there were eight members appointed to a seven member commission. The expansion to nine members was to keep the present membership, yet have the membership be an odd number so as to prevent any possible tie votes. Mayor Coughlin stated that the recommended appointments are as follows: Dawn Little - Term to expire December 31, 2000 (unexpired term of Pamela Starr) Theresa Lexcen — Term to expire December 31, 2000 (unexpired term of Scott Denz) Rich Sonterre — Term to expire December 31, 2001 (new position) Mayor Coughlin requested that, for continued record keeping, the Council reconfirm the seated members of the commission along with their respective terms as follows: Terms expiring December 31, 1999: Mary Benz Gary Stevenson Frank Silvis Dave Long Sherry Gunn Terms expiring December 31, 2000: Stan McDonald Council Member Marty stated, as reflected in the prior Council Meeting minutes, that the City of Minnetonka had revised their previous policy of appointment to commissions by the Mayor, and voted on by the Council, to require all people applying to different commissions to apply to the Council directly. He stated that they would then be interviewed at a Work Session, and voted 15 cAadmin\minutes\7-12-99.cc upon by the Council. He stated that this was done so as to provide the entire Council familiarity with the applicants, and their reasons for applying to the commissions. He suggested that this matter be discussed at a future Work Session. Mayor Coughlin stated that it was the consensus of the Council to address this issue at a future Work Session. He requested City Administrator Whiting add the item to the Work Session Agenda for further consideration. MOTION/SECOND: Marty/Thomason. To Approve the Appointment of Dawn Little, Theresa Lexcen, and Rich Sonterre to the Parks and Recreation Commission. Ayes — 5 Nays — 0 Motion carried. 11. Next Council Work Session: Next Council Meeting 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 8:40 P.M. Transcribed and recorded by: Trish Pearson TimeSaver Off Site Secretarial, Inc. 16 c:\admin\minutes\7-12-99.cc Monday, July 26,1999 — 6:00 PM Monday, July 26,1999 — 7:00 PM 7A CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 13686 through 13693 in the amount of $ 31,571.00 100618 through 100746 in the amount of $ 263.632.11 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 295,203.11 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 07/27/99 by the vote ayes nayes Mayor Clerk -Administrator Date: 07/22/1999 Time: 10:37:43 Operator: Marge Norquist Page: 1 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: A Sort: C Report Format: 1 Print Ranges/Options: Y # of copies: 1 Process Payroll: N Total By Account: Y Page on Sort: N Check # Vendor Alpha Name Description All Amount 13686 ICMA Retirement Trust ICMA for 07/15/99 3,919.67 Total for Chk 13686 3,919.67* 13687 Minnesota Benefit Asso MN Benefits for July 448.68 Total for Chk 13687 448.68* 13688 Minnesota Child Suppor Child Support for 07/15/ 690.90 Total for Chk 13688 690.90* 13689 MINNESOTA STATE RETIRE MN Mutual and MN State R 432.69 Total for Chk 13689 432.69* 13690 Public Employees Insur Health Ins. for August 15,047.52 Total for Chk 13690 15,047.52- 13691 Public Employees Retir PERA for 07/15/99 10,897.54 Total for Chk 13691 10,897.54* 13692 Sunrise United Methodi Sunrise Church for July 14.00 Total for Chk 13692 14.00* 13693 Western Bank Savings for 07/15/99 120.00 Total for Chk 13693 120.00* 100618 Art Blackman/Pretty Go Family Concert -Lakeside 4700 825.00 Total for Chk 100618 825.00* 100619 Quality Flow Systems, Booster Station Upgrade 4823 57,330.00 Total for Chk 100619 57,330.00- 100620 M.A.U.M.A. Annual Meeting 4130 50.00 Total for Chk 100620 50.00* 100621 Renee Rach Craft Materials 4351 17.96 Total for Chk 100621 17.96* Date: 07/22/1999 Time: 10:37:43 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # ------- Vendor Alpha Name ---------------------- Description ------------------------ All -------- Amount ------------ 100622 Driver & Vehicle Servi Sales Tax, License Plate 4900 1,518.50 Total for Chk 100622 1,518.50- 100623 A M E M/Assoc. of MN E Conference Registration 4200 80.00 Total for Chk 100623 80.00* 100624 A T & T Phone Calls 4901 14.94 Total for Chk 100624 14.94* 100625 Ace Solid Waste, Inc. Rubbish Pickup 4901 880.19 Total for Chk 100625 880.19* 100626 Action Systems Phone System Change Orde 4160 6,237.10 Total for Chk 100626 6,237.10* 100627 Addie Lane Floral Flowers -Burton 4100 43.67 Total for Chk 100627 43.67* 100628 Airtouch 581-4716 4901 91.93 Total for Chk 100628 91.93* 100629 American Office Produc 4730 629.80 Total for Chk 100629 629.80* 100630 American Red Cross Babysitter's Handbook 4351 128.40 Total for Chk 100630 128.40* 100631 Earl F. Andersen & Ass Day Care Parking 4475 73.90 Total for Chk 100631 73.90* 100632 Virginia Anderson Class Refund 28.00 Total for Chk 100632 28.00* 100633 Batteries Plus Battery 4900 80.93 Total for Chk 100633 80.93* 100634 Beisswengers 3/4" Snap, 1/2" SB Nylon 4826 240.61 Total for Chk 100634 240.61* 100635 Barbara Benesch Mileage Reimbursement 4180 7.20 Total for Chk 100635 7.20* 100636 Biffs, Inc. Satellite Rental 4900 146.50 Total for Chk 100636 146.50* 100637 Bob's Personal Coffee Coffee 4160 72.93 Total for Chk 100637 72.93* 100638 Bridges Golf Course Employee Golf Outing 4100 1,461.50 Total for Chk 100638 1,461.50* Date: 07/22/1999 Time: 10:37:43 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100639 Brighton Veterinary Ho Veterinary Services 4200 313.50 Total for Chk 100639 313.50* 100640 Brimeyer Group, Inc. Police Chief Search 4200 6,525.08 Total for Chk 100640 6,525.08* 100641 Bumper to Bumper Rock Merc. 4462 89.68 Total for Chk 100641 89.68* 100642 Capitol Beverage Sales Beverages 4901 797.80 Total for Chk 100642 797.80* 100643 Century Fence Co. Installation -2 double sw 4826 1,830.00 Total for Chk 100643 1,830.00* 100644 Cintas - 748 Floor Mats 4350 832.99 Total for Chk 100644 832.99* 100645 Classic Touch, Inc. Car Washes 4200 53.25 Total for Chk 100645 53.25* 100646 Corporate Express Furniture 4650 2,811.60 Total for Chk 100646 2,811.60* 100647 Corporate Presentation Telex P1000 Rental, Extr 4350 482.00 Total for Chk 100647 482.00* 100648 Cottens, Inc. Fuel Filters 4823 7.67 Total for Chk 100648 7.67* 100649 Cues, Inc. Hook Assy., Bar Assy. 4826 131.38 Total for Chk 100649 131.38* 100650 Cushman Motor Company, Aereator Parts 4900 248.32 Total for Chk 100650 248.32* 100651 D. C. A. Inc. Flex Spending Account -Ju 4160 150.00 Total for Chk 100651 150.00* 100652 David -Geoffrey & Assoc Golf Merchandise 4901 81.60 Total for Chk 100652 81.60* 100653 East Side Beverage Co. Beverages 4901 558.90 Total for Chk 100653 558.90* 100654 Elegant Thymes Caterin State of MN -Health Dept. 2,088.18 Total for Chk 100654 2,088.18* 100655 Ess Brothers & Sons, I Adj.Rings, Super Glue 4470 96.92 Total for Chk 100655 96.92* Date: 07/22/1999 Time: 10:37:43 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # ------- Vendor Alpha Name ---------------------- Description ------------------------ All -------- Amount ------------ 100656 Fedors Market Ricky's Party 4100 14.29 Total for Chk 100656 14.29* 100657 Fisher Bjork Sheetmeta Repair of Kitchen MUA-Co 4350 416.00 Total for Chk 100657 416.00* 100658 Five D Limited Gasoline 4200 679.14 Total for Chk 100658 679.14* 100659 Focus News Legal Notices 4160 36.00 Total for Chk 100659 36.00* 100660 General Sports Corp. T Shirts 4351 99.30 Total for Chk 100660 99.30* 100661 Generator Specialty Co Solenoid 4465 18.05 Total for Chk 100661 18.05* 100662 Gerten Greenhouses, In Plants 4900 513.10 Total for Chk 100662 513.10* 100663 Golf Car Midwest Beverage Cart Parts 4900 1,546.38 Total for Chk 100663 1,546.38* 100664 Gopher State One -Call, 226 Calls 4823 395.50 Total for Chk 100664 395.50* 100665 Government Training Se Conference Registration 4130 193.00 Total for Chk 100665 193.00* 100666 W. W. Grainger Lamps 4900 41.22 Total for Chk 100666 41.22* 100667 Graybar Electric Compa 6W Mod Jacks, 4 Cond. Fu 4823 88.66 Total for Chk 100667 88.66* 100668 John Hammerschmidt Employee Outing Reimburs 4100 97.98 Total for Chk 100668 97.98* 100669 Harmon Glass Company Window Replacement 4462 174.95 Total for Chk 100669 174.95* 100670 Hawkins Chemical Chemicals 4825 2,430.70 Total for Chk 100670 2,430.70* 100671 Heartland Moundsview Principle,Interest- Silv 4650 19,439.51 Total for Chk 100671 19,439.51* 100672 Hi -Line Tape, Grease Fittings 4900 52.25 Total for Chk 100672 52.25* Date: 07/22/1999 Time: 10:37:44 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100673 Hornungs Pro Golf Sale Golf Merchandise 4901 1,059.29 Total for Chk 100673 1,059.29* 100674 Hydraulic Specialty Co Couplers, 0 Rings 4465 31.37 Total for Chk 100674 31.37* 100675 Independent Delivery S Y2K Flyers 4160 225.00 Total for Chk 100675 225.00* 100676 Insty Prints Bridges Bucks 4901 29.82 Total for Chk 100676 29.82* 100677 K R Services Company Poly -Net Mesh 4900 229.68 Total for Chk 100677 229.68* 100678 Kath Fuel Oil Service Fuel 4900 1,177.29 Total for Chk 100678 1,177.29* 100679 Kenmark Partnership LL Zep Interest 4650 688.92 Total for Chk 100679 688.92* 100680 Kennedy & Graven Retainer 4160 6,032.34 Total for Chk 100680 6,032.34* 100681 Kuehn Excavating Deposit Refund 700.00 Total for Chk 100681 700.00* 100682 Labor Relations Associ Arbitration 4160 1,423.50 Total for Chk 100682 1,423.50* 100683 League of Minnesota Ci Handbook for Minnesota C 4130 540.00 Total for Chk 100683 540.00* 100684 Lesco, Inc. 4900 2,368.90 Total for Chk 100684 2,368.90- 100685 Lillie Suburban News Ad -Festival in the Park 4730 245.00 Total for Chk 100685 245.00* 100686 M.T.I. Distributing Co Fairway Bedknife, Turf R 4900 2,432.22 Total for Chk 100686 2,432.22* 100687 Philip J. Major Expense Reimbursement 4200 766.76 Total for Chk 100687 766.76* 100688 Matco Tools Tool 4462 66.67 Total for Chk 100688 66.67* 100689 Menards Green Treat.Lumber 4900 303.84 Total for Chk 100689 303.84* Date: 07/22/1999 Time: 10:37:44 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100690 Metro Council Environm Service Availability Cha 3,217.50 Total for Chk 100690 3,217.50- 100691 Metro Legal Services, Del. to B.Long 4100 10.00 Total for Chk 100691 10.00* 100692 Michael Investments Principle, Interest 4650 18,621.06 Total for Chk 100692 18,621.06* 100693 Microfacs Fax repair 4350 106.75 Total for Chk 100693 106.75* 100694 Midwest Asphalt Corpor Asphalt 4470 32.31 Total for Chk 100694 32.31* 100695 Midwest Coca/Cola Beverages 4901 3,022.26 Total for Chk 100695 3,022.26* 100696 Minnegasco 2850 82nd Lane N.E. 4901 26.37 Total for Chk 100696 26.37* 100697 State of Minnesota Air Tank Inspection 4901 10.00 Total for Chk 100697 10.00* 100698 Minnesota Dept. of Eco Unemployment -Johnson 4353 3,541.22 Total for Chk 100698 3,541.22* 100699 Minnesota Golf Cars, I Golf Carts repair, Ball 4900 194.82 Total for Chk 100699 194.82* 100700 Mita Financial Service Copier Payment 4200 102.99 Total for Chk 100700 102.99* 100701 M.C.P.A. Membership 4200 30.00 Total for Chk 100701 30.00* 100702 Mooney & Associates Parts Kit, Indicator Rod 4823 815.02 Total for Chk 100702 815.02* 100703 Mounds View, City of 7977 Long Lake Road 30.00 Total for Chk 100703 30.00* 100704 New Brighton/Mounds Vi Membership -Schmidt 4130 558.20 Total for Chk 100704 558.20* 100705 New Mech Companies, In Booster Station Improvem 4823 70,209.04 Total for Chk 100705 70,209.04* 100706 Mary Newberg Refund on drinks 22.00 Total for Chk 100706 22.00* Date: 07/22/1999 Time: 10:37:44 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100707 North Metro Crossing C Business Sponsorship 4100 100.00 Total for Chk 100707 100.00* 100708 Northern Sanitary Supp Vacuum Bags, Tile Cleane 4350 58.42 Total for Chk 100708 58.42* 100709 Northern States Power 8290 Coral Sea St. -Sign 4901 2,968.91 Total for Chk 100709 2,968.91* 100710 Northern Tool & Equipm Screw Pin Anchor Shackle 4900 23.38 Total for Chk 100710 23.38* 100711 Oberg International Skagit Counter 4460 25.68 Total for Chk 100711 25.68* 100712 Office Depot Clips, Markers, Tabs 4160 23.97 Total for Chk 100712 23.97* 100713 Ruth Olson Meter Refund 30.00 Total for Chk 100713 30.00* 100714 Peterson Environmental BGC Hydro Study 4900 4,929.07 Total for Chk 100714 4,929.07* 100715 Pinkerton Services Gro Drug/Alcohol Testing 4160 109.44 Total for Chk 100715 109.44* 100716 Plaisted Companies, In Topdressing Sand, Bunker 4900 1,015.75 Total for Chk 100716 1,015.75* 100717 Pomp's Tire Service, I Tire Repair 4900 60.00 Total for Chk 100717 60.00* 100718 Precision Turf & Chemi Solid Tine 4900 256.45 Total for Chk 100718 256.45* 100719 Ramsey County Prop.Tax-6991 Pleasant V 4650 392.27 Total for Chk 100719 392.27* 100720 Rent All Minnesota Equipment Rental 4470 137.26 Total for Chk 100720 137.26* 100721 Royal Tire - Kampa Tir Tires, Bobcat Wheel 4465 1,500.24 Total for Chk 100721 1,500.24* 100722 Ruff -Cut Weed Mowing 4360 506.00 Total for Chk 100722 506.00* 100723 Ruttgers Conference Deposit 4200 90.00 Total for Chk 100723 90.00* Date: 07/22/1999 Time: 10:37:44 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100724 Savin Corporation Copier 4160 2,578.37 Total for Chk 100724 2,578.37- 100725 Schwaab, Inc. Preinked Stamp 4730 30.46 Total for Chk 100725 30.46* 100726 James A. Smith License refund 5.00 Total for Chk 100726 5.00* 100727 Snyders Film 4650 4.45 Total for Chk 100727 4.45* 100728 Spalding Golf Merchandise 4901 936.95 Total for Chk 100728 936.95* 100729 Spring Lake Park Fire Fire Inspection Services 4210 9,673.51 Total for Chk 100729 9,673.51* 100730 City of St. Paul Radio Repaid 4200 293.42 Total for Chk 100730 293.42* 100731 Streichers Professions Ammunition 4200 551.40 Total for Chk 100731 551.40* 100732 Stringer Business Syst Maintenance Contract 4350 654.18 Total for Chk 100732 654.18* 100733 Suburban Exteriors Permit Refund 89.35 Total for Chk 100733 89.35* 100734 Sysco Food Services of Cookies 4901 1,157.89 Total for Chk 100734 1,157.89* 100735 Taho Sportswear -Saturn T Shirts 4472 292.32 Total for Chk 100735 292.32* 100736 Time Saver City Council, EDA Mtgs.6 4100 363.75 Total for Chk 100736 363.75* 100737 Twin City Roofing Duplicate payment 103.85 Total for Chk 100737 103.85* 100738 U. S. Filter Distribut Meter, Coupling 4823 268.54 Total for Chk 100738 268.54* 100739 U. S. Tire & Exhaust Boxed Clamp 4465 78.57 Total for Chk 100739 78.57* 100740 U. S. West Communicati 784-1305 4360 60.36 Total for Chk 100740 60.36* Date: 07/22/1999 Time: 10:37:44 Operator: Marge Norquist Page: 9 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100741 U. S. West 783-1307 4360 1,648.21 Total for Chk 100741 1,648.21* 100742 Vicom Duplicate payment 75.00 Total for Chk 100742 75.00* 100743 Walters Recycling & Re Rubbish Pickup 4350 76.05 Total for Chk 100743 76.05* 100744 Charles Whiting Telephone Reimbursement 4130 3.54 Total for Chk 100744 3.54* 100745 Eileen Wiedewitsch Emergency Phone Refund 4200 60.00 Total for Chk 100745 60.00* 100746 Yamaha Motor Corp., U. Golf Cars Lease 4900 236.00 Total for Chk 100746 236.00* Grand Total 295,203.11* City of Mounds View Staff Report To: Chuck Whiting, City Administrator From: Bruce A. Kessel, Finance Director Item Title/Subject: Budget transfer of $12,500 from General Fund's contingency fund to City Council capital equipment fund for laptop computers for the City Council Date of Report: July 16, 1999 It is my understanding that the City Council has requested that laptop computers be made available to them in order that they can access City business over the internet. The City presently has one laptop that is approximately 6 years old. Jim Hess has examined the laptop and has indicated that the computer would need approximately $500 worth of enhancements to try to access the internet, however, due to the age of the equipment, there is no guarantee that the enhancements would be successful in actually accessing the internet. Also, even if it was able to access the internet, the speed and quality would be poor at best, therefore, it was determined that it would not be a wise use of City resources to continue to explore upgrading the existing laptop. The purchase price of a new laptop with software and sales tax is approximately $2,500. If we were to purchase laptops for all five council members, the total cost would be $12,500. The 1999 budget did not anticipate this need, and no capital items were budgeted in the City Council department of the General Fund. Therefore, if we are to proceed with the purchase of one or more laptops, a budget transfer will have to be made. The Council had budgeted $49,000 in the General Fund and a portion of this could be transferred to proceed with this purchase. City of Mounds View Staff Re Item No.� Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business rt To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: July 26, 1999 Please consider the following contractor licenses for approval. The majority of the licenses listed are renewals since contractor licenses expire on June 30, 1999. Because of the new expiration date of December 30, the following licenses are for six months instead of one year and, therefore, will expire on December 30, 1999. All applicants have submitted appropriate fees and proof of insurance. All licenses are renewals unless noted "NEW' after the company name. Those licenses defined as "new" include all applicants that have never been licensed with the City or have not been licensed within the past two years. Those defined as "renewal" were licensed last year. Asphalt T. A. Schifsky & Sons, Inc. Excavating Royal Excavating General Commercial Advance Construction Company H & B Construction - New John A. Dalsin & Son, Inc. - New Kraus -Anderson Construction Company R. J. Ryan Construction, Inc. - New HVAC Action Heating & Air Conditioning, Inc. American Heating & Air Supply D.J.'s Heating & Air Conditioning - New E. R. Berwald Roofing Co., Inc. Gilbert Mechanical Contractors, Inc. Golden Valley Heating & Air dba Richmond & Sons Elec., Inc. Master Mobile Home Service Northern Air Corp. Residential Heating & Air Sedgwick Heating & Air Conditioning Co. St. Marie Sheet Metal, Inc. Sun Mechanical, Inc. The Maintenance Team, Inc. City of Mounds View Staff Report Contractor Licenses for Approval Page Two of Two Masonry ACE Handyman - New Kalman Floor Company Stoerzinger Construction, Inc. - New Roofing Steiner Roofing, Inc. (Exempt) - New Item No. 614 Staff Report No. Meeting Date: Type of Business: WK Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing and consideration of Resolution 5348, a resolution approving the issuance of a conditional use permit for an over -sized garage at 8059 Red Oak Drive Date of Report: July 21, 1999 Background: 8059 Red Oak Drive is located north of Highway 10, between Hillview and Sherwood Roads. The area of the subject property --an interior lot --is approximately 16,142 square feet. The house is set back approximately 68 feet from the street, with the detached garage situated behind the house. The house, at approximately 960 square feet, is presently larger than the existing two -stall garage, which is 480 square feet. The applicant proposes to construct a 520 square -foot addition to the rear of the garage, maintaining the same width of the existing garage. The roof line of the addition will tie in perpendicularly to the existing garage and will either be of the same height or a foot or so lower. In addition to the garage, there is also a 130 square -foot shed in the backyard, which will be moved further back to allow for the garage expansion. The Planning Commission heard this request at its meeting on July 21, 1999 and after some discussion concerning the request, approved Resolution 588-99, a resolution recommending to the City Council approval of the CUP with stipulations. Analysis: A Conditional Use Permit is required due to the size of the proposed garage. The size of the proposed garage would be 1,000 square feet, which is comparable to the size of the home. While it would be larger, there would not exist any proportional imbalance between the home and garage. The proposed addition to and location of the garage would not interfere with any future expansion plans. Dimensional Criteria All of the dimensional criteria associated with this request --setbacks, spacing between buildings, width of proposed garage, and the numbers of doors --satisfy the requirements as stated in Chapter 1104 of the Zoning Code. The proposed garage would be about 100 feet from both front and rear property lines and is setback from the side of the property by five feet. The total square footage of the garage, garage addition and shed is 1,130 square feet, which would comprise about Allen & Joy Dick CUP Request 8059 Red Oak Drive July 26, 1999 Page 2 12.5 percent of the rear yard area. The maximum coverage allowed is 20 percent. Adverse Effects and CUP Criteria The City Code, in Section 1125.01, Subd. 1 states that the Planning Commission shall examine the possible adverse effects of a conditional use permit request prior to making a recommendation. The following represent those items explicitly stated in the Code: Relationship with the Comprehensive Plan. The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 8059 Red Oak Drive, as low-density residential. This proposal does not conflict with the Comprehensive Plan. 2. The Geographical Area Involved. 4. The Character of the Surrounding Area In this area of Mounds View, most of the lots are larger than the subject property. The homes are generally of a similar style architecture and were built around the same time, although the subject home is newer and is larger than those in the immediate area. Many of the homes in the immediate area have larger garages, most of which are detached as in this proposal. A larger garage on the subject property would not appear out of place. Whether such use will tend to or actually depreciate the area in which it is proposed. Adding to the existing garage will have an immediate positive impact on the value of the subject property. At 1,000 square feet, set back from the street as far as it is, this garage addition probably would not depreciate the surrounding area in any way. 5. The demonstrated need for such a use. The existing garage --while a two stall garage-- is considered fairly small by today's standards. With multi -car families being the norm rather than the exception, the need for more garage space becomes an issue. This is the case with the applicants --both of whom have vehicles as do their children, in addition to a boat. Clearly the need is evident. This proposal appears to satisfy the adverse effects criteria. Also in Section 1125.0 1, the Planning Commission is to examine the criteria for granting a conditional use permit, which are outlined in Section 1125.01, Sub 3b: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. (7) The use will not cause traffic hazards or congestion. Allen & Joy Dick CUP Request 8059 Red Oak Drive July 26, 1999 Page 3 (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Adding on to a small garage would not create a greater impact on existing public facilities, parks, schools or services, on utilities or access roads, nor would it create an increase in traffic on adjacent streets. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Because the house is set back further than is typical, and because the garage is situated behind the house, there would be substantial public screening from this accessory structure. In terms of its relationship with the two adjoining properties, the backyard of the subject property is well shielded by privacy fencing and tall trees and bushes on either side and is separated by distance from the property to the rear. In staff's opinion, all properties are completely screened from the proposed garage addition. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. (6) The use is not in conflict with the Comprehensive Plan of the City. Garages and detached accessory outbuildings are typical uses in residential areas, and allow for the storage of vehicles and yard and garden equipment. Staff believes that the adverse affects of this development proposal are minimal and are far out- weighed by the benefits. Staff also believes that it is desirable from a community perspective to have property owners improve their properties with building expansions since the properties are then usually kept in better order and may trigger other properties to do the same. Recommendation: Staff recommends that the City Council approve Resolution 5348, a resolution approving a Conditional Use Permit for a 1,000 square foot garage at 8059 Red Oak Drive, requested by Allen and Joy Dick, with stipulations. V � James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\563-99\DICK.CCI COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION .1. "NIM, 2401 Highway 10, Mounds View MN 55112 A��'r=' PartnerSti�Q� 612-717-4020 612-784-3462 - FAX Please Type or Print Information - Complete Both Sides of This Form Applicant Information Name of Applicant nQTOY MAI? 1) ick Address d a5 Rece 0,4):f be. Telephone (loZ 7�l —'� QS�9 Fax Interest in Property (check appropriate box) Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager ❑ Agreement to Purchase ❑ Other (explain) Applicants must provide evidence of interest in property at the time of application, and if you are not the owner of the property, you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal Address or General Location Legal Description Property Identification # (PIN #) # of Acres Current Zoning d & 3 Da.3 4kx o06Y -" Type of Application ❑ Comprehensive Plan Amendment ❑ Rezoning ❑ Major Subdivision ❑ Minor Subdivision ❑ Planned Unit Development (PUD) ❑ PUD Amendment ❑Conditional Use Permits 11CVariane ❑ Code Appeal ❑ Develop Review/Site Plan ❑ Wetland Alteration Permit ❑ Wetland Buffer Permit ❑ Floodplain Permit ❑ Other $250 $250/acre; min $250 max $1500 $250 + $250 deposit* $200 Refer to rezoning fees -,/R-1,=R),all others $250 R-1, R-2 $100 all others $250 $100 $125/acre; min $125 max $750 R-1, R-2 $150; all others $200 R-1, R-2 $25; all others $100 $200 J3 f *Deposits shall be paid to cover all costs of public notices, materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Anv portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty (30) days after consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View, MN • • Development Application Page Z Present Use of Property ❑ Undeveloped/Vacant Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi -family Dwelling ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification ❑ Abstract ❑ Torrens Description of Proposal BY MY (OUR) SIGNATURE ON THIS APPLICATION, I HEREBY DECLARE THAT, TO THE BEST OF MY KNOWLEDGE, THE INFORMATION PROVIDED IS TRUE AND ACCURATE. - n Signature of Applicant'` Name of Applicant (typed/printed) Signature of Property Owner Name of Property Owner (typed/printed) zme Address of Owner Phone Number of Owner ("7fa 2O — -) V 7 ************************************************************************************************ FOR OFFICE USE ONLY Date of Submittal Date of Acceptance C_0 - 1 - � `'1 Assigned to: Planning Case No. —cC 60 -day Limit 2� 9 � 120 -day limit �( Zt `) `Z Application: Park Dedication: Deposits: Other: Total: Fees Paid: _01�_ Account # Chegk # Receipt # 7_5106 ` N:\DATA\GROUPS\COMDEV\FORMS\DEVAPP.FOR 1/98 8198 8205 8192 G 82031 816000 E 81480 $138 40 is 8132 8127 811 M �r, M '- N 8106 oo a0 N N 81 _ 80 M c0 N 1 !oI _Ni O 00 co; L G -.•. NSNtN3Nt CV, 8060 8065 {{18084 8040 8060 8030 8045' 8046 8028 8015 _ 8036 8020 8025 8006 7_985 8004 8016 7980 8005 n 8000' 7955---4-- . 9 ____L 56 t 7990 7950 $ -3 813_5 } 798 ' (, N _8145 i 796_0 7900 8125 8130 M,.795 00 8141 i N _ 7934 7932 1 Q t70 'M 04 V N77' iRQ7 808N 8080 8085 _ 8185 8070 8055 8075 8060 8045 8025 8040 8042 8028 8015 8016 8018 8005 8006 7_985 8004 7975 7970 7965 7960 `� 7955---4-- . 9 ____L 56 t 7933 7950 7949 813_5 } Obi N ; N cc,47900 _8145 808N jl�'Oj 8180 NN 8185 3 8055 8066 8175 8050 8160 8042 8171 8032 i 80_25 8018 8009 8006 7981 7990 8155y �p 8145 �i�s0 G dl� 8150 w m 7_801 8165 7959 r 7970 7959 _ 7750 7949 813_5 } Obi 8140 7930 _8145 w_ 7900 8125 8130 .�i, 8131 ; 8141 i NC SP; 8111 N � N;-' 808N jl�'Oj 00 8088 NN 8071 3 8055 8066 8059 8050 80333 8042 8039 8032 i 80_25 8018 8009 8006 7981 7990 7979 7980 7_801 7965 7959 r 7970 7959 _ 7750 7949 7954 7935 7948 7930 rn 7901 ; 7900 HILLVIEW 9 8099 c 8075 _ NN 8071 8068 8055 8060 8045 8052 80333 8040 8021 M 8022 8011 8000 79_89 7996 7981_ ' 7990 7969 7980 7_801 7965 7969 7969_ � 7966 7959 _ 7750 7945 7946 7935 7930 in �inco LO rn N 1 N N 7. 7901 � r G ; i 7900 8099 c . — I -t N 8071 8072 8065 8050 8051 8035M _80_44 8032 8021 M 8022 _.. 8000 8011 79_89 7996 7979 7980 v 7_801 7960 7969 7969_ 7760 S _ 7750 _ 7927 w7950 7745 7710 7917 7940 Nom so 7901 � r G ; i 7900 �cRO I= 78951 N N 7890 . — I -t ..._ i.�.,. m 7867 7870 7851 l 7860 7841 i 7850 r 1 _. �� 7840 ..................... 7815 f 7790 I 7809 7770 v 7_801 ^ 7764 7767 7760 7761 _ 7750 77557730 7745 7710 7715 so N i IV, Q FRMZEN CONSTRUCTION 4250 6TH STREET N.E. M WNEAPOUS. MN 56421 785d0r11 N o T -rD S C -A � � • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 588-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR AN OVERSIZED GARAGE AT 8059 RED OAK DRIVE; MOUNDS VIEW PLANNING CASE NO. 552-99 Whereas, Allen and Joy Dick have applied for a conditional use permit to allow for a 1,000 square -foot garage on property located at 8059 Red Oak Drive, zoned R-1, Single Family Residential, legally described as follows: The South 70.00 Feet of Lot 119, Spring Lake Park Hillview, County of Ramsey WHEREAS, there is currently a 480 square -foot garage and a 130 square -foot shed on this lot; and, WHEREAS, The Mounds View Zoning Code allows, with a conditional use permit, up to 1,400 square feet of garage/accessory building space on one lot; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map C. Site Plan d. Location Map e. Staff Report WHEREAS, the Planning Commission finds that the dimensional requirements as stated in Chapter 1104 the Zoning Code for this proposal have been met; and, Planning Commission Resolution 588-99 July 21, 1999 Page 2 WHEREAS, the Planning Commission makes the following findings that possible adverse effects have been considered in its recommendation, as required by Section 1125.01 Subd. Le.: Relationship with the Comprehensive Plan. The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness ofhousing units and residential property in general. The Comprehensive Plan designates this property, 8059 Red Oak Drive, as low-density residential. This proposal does not conflict with the Comprehensive Plan. 2, 4. The Geographical Area Involved & the Character of the Surrounding Area. In this area of Mounds View, most of the lots are larger than the subject property. The homes are generally of a similar style architecture and were built around the same time, although the subject home is newer and is larger than those in the immediate area. Many of the homes in the immediate area have larger garages, most of which are detached as in this proposal. A larger garage on the subject property would not appear out of place. Whether such use will tend to or actually depreciate the area in which it is proposed. Adding to the existing garage will have an immediate positive impact on the value of the subject property. At 1, 000 square feet, set back from the street as far as it is, this garage addition probably would not depreciate the surrounding area in any way. The demonstrated need for such a use. The existing garage --while a two stalls-- is considered fairly small by today's standards. The applicants both have vehicles as do their children. In addition, the applicants own a boat which they would like to have stored within the garage. Clearly the need for additional garage space has been demonstrated. WHEREAS, the Planning Commission makes the following findings regarding the criteria for approval of a conditional use permit, as required by Section 1125.01 Subd. 3.b.: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. 7. The use will not cause traffic hazards or congestion. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Adding on to a small garage would not create a greater impact on existing public facilities, parks, schools or services, on utilities or access roads, nor would it create an increase in traffic on adjacent streets. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 3. The structure and site shall have an appearance that will not have an adverse effect upon 0 0 Planning Commission Resolution 588-99 July 21, 1999 Page 3 adjacent residential properties. Because the house is set back further than is typical, and because the garage is situated behind the house, there would be substantial public screening from this accessory structure. In terms of its relationship with the two adjoining properties, the backyard of the subject property is well shielded by privacy fencing and tall trees and bushes on either side and is separated by distance from the property to the rear. In staff's opinion, all properties are completely screened from the proposed garage addition. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 6. The use is not in conflict with the Comprehensive Plan of the City. Garages and detached accessory outbuildings are typical uses in residential areas, and allow for the storage ofvehicles and yard and garden equipment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit to allow for a 1,000 square -foot garage with the following stipulations: 1. The conditional use permit shall be recorded with Ramsey County within 60 days of City Council approval, and a receipt of such recording shall be provided to the City of Mounds View. 2. The garage shall not be used for living space or other uses not allowed by the district in which it is located or by the Zoning Code. Should the use change for which the permit was granted, the conditional use permit shall become null and void. The garage shall be designed and maintained to provide a uniform building appearance with the existing garage and house, which is to mean the garage shall at a minimum be painted with the same color -scheme as the home. 4. All vehicles parked at the property shall be parked either upon the driveway's improved surface or within the garage. At no time shall a vehicle be allowed to park upon the grass or off of the improved surface. 5. The existing shed on the lot shall be moved to maintain a minimum six-foot setback from the garage and five feet from the rear or side lot lines. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. 0 Planning Commission Resolution 588-99 July 21, 1999 Page 4 Adopted this 21 st day of July, 1999. ATTEST: (SEAL) 0 Jerry Peterson, Chairperson Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\DEVCASES\563-99\588-99PC.RES RESOLUTION NO. 5348 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE AT 8059 RED OAK DRIVE; MOUNDS VIEW PLANNING CASE NO. 552-99 Whereas, Allen and Joy Dick have applied for a conditional use permit to allow for a 1,000 square -foot garage on property located at 8059 Red Oak Drive, zoned R-1, Single Family Residential, legally described as follows: The South 70.00 Feet of Lot 119, Spring Lake Park Hillview, County of Ramsey WHEREAS, there is currently a 480 square -foot garage and a 130 square -foot shed on this lot; and, WHEREAS, The Mounds View Zoning Code allows, with a conditional use permit, up to 1,400 square feet of garage/accessory building space on one lot; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map C. Site Plan d. Location Map e. Staff Report f. Planning Commission Resolution 588-99 WHEREAS, the Mounds View City Council finds that the dimensional requirements as stated in Chapter 1104 the Zoning Code for this proposal have been met; and, Resolution 5348 July 26, 1999 Page 2 WHEREAS, the Mounds View City Council makes the following findings that possible adverse effects have been considered in its recommendation, as required by Section 1125.01 Subd. Le.: Relationship with the Comprehensive Plan, The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 8059 Red Oak Drive, as low-density residential. This proposal does not conflict with the Comprehensive Plan. 2, 4. The Geographical Area Involved & the Character of the Surrounding Area. In this area ofMounds View, most of the lots are larger than the subject property. The homes are generally of a similar style architecture and were built around the same time, although the subject home is newer and is larger than those in the immediate area. Many of the homes in the immediate area have larger garages, most of which are detached as in this proposal. A larger garage on the subject property would not appear out ofplace. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. Adding to the existing garage will have an immediate positive impact on the value of the subject property. At 1, 000 square feet, set back from the street as far as it is, this garage addition probably would not depreciate the surrounding area in any way. The demonstrated need for such a use. The existing garage --while two stalls-- is considered fairly small by today's standards. The applicants both have vehicles as do their children. In addition, the applicants own a boat which they would like to have stored within the garage. Clearly the need for additional garage space has been demonstrated. WHEREAS, the Mounds View City Council makes the following findings regarding the criteria for approval of a conditional use permit, as required by Section 1125.01 Subd. 3.b.: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. 7. The use will not cause traffic hazards or congestion. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Adding on to a small garage would not create a greater impact on existing public facilities, parks, schools or services, on utilities or access roads, nor would it create an increase in traffic on adjacent streets. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Resolution 5348 July 26, 1999 Page 3 Because the house is set back further than is typical, and because the garage is situated behind the house, there would be substantial public screening from this accessory structure. In terms of its relationship with the two adjoining properties, the backyard of the subjectproperty is well shielded by privacy fencing and tall trees and bushes on either side and is separated by distance from the property to the rear. In staff's opinion, all properties are completely screened from the proposed garage addition. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 6. The use is not in conflict with the Comprehensive Plan of the City. Garages and detached accessory outbuildings are typical uses in residential areas, and allow for the storage ofvehicles and yard and garden equipment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a conditional use permit to allow for a 1,000 square -foot garage at 8059 Red Oak Drive with the following stipulations: The applicant shall record the resolution of approval with Ramsey County within 60 days of City Council approval, and a receipt of such recording shall be provided to the City of Mounds View. 2. The garage shall not be used for living space or other uses not allowed by the district in which it is located or by the Zoning Code. Should the use change for which the permit was granted, the conditional use permit shall become null and void. The garage shall be designed and maintained to provide a uniform building appearance with the existing garage and house, which is to mean the garage shall at a minimum be painted with the same color -scheme as the home. 4. All vehicles parked at the property shall be parked either upon the driveway's improved surface or within the garage. At no time shall a vehicle be allowed to park upon the grass or off of the improved surface. 5. The existing shed on the lot shall be moved to maintain a minimum six-foot setback from the garage and five feet from the rear or side lot lines. Adopted this 26th day of July, 1999. Dan Coughlin, Mayor ATTEST: Charles S. Whiting, City Clerk / Administrator (SEAL) N:\DATA\GROUPS\COMDEV\DEVCASES\563-99\5348CC.RES Item No. Staff Report No. Meeting Date: Type of Business: WK: Work Session; PH: Public Hearing; CA: ConsentAgenda; CB: CouncilBusiness City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing and consideration of Resolution 5349, a resolution approving the issuance of a conditional use permit for Thrifty Car Rental, to be located at 2975 Highway 10 Date of Report: July 22, 1999 Background: The applicant, Thrifty Car Rental, is seeking a conditional use permit to operate an auto rental business at the property most recently utilized by Spots Quik Lube. As an accessory to the principal rental operation, the applicant requests that they be allowed to sell rental vehicles from the site as well. The applicant indicates that the proposed hours of business would be from 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. through 4:00 p.m. on Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays. The applicants plan on repainting the building, expanding the parking lot per the attached site plan and make landscaping improvements on the site. The Planning Commission heard this request at their July 7 and July 21 meetings, and after some discussion concerning the use and the potential impacts to the neighborhood, approved a resolution recommending to the City Council that this CUP request be approved, with stipulations that have been carried forward into the Council resolution. Analysis: Section 1114.04, Subd. 5 of the City Code requires that a conditional use permit be issued for uses such as that proposed by the applicant. Specifically, it states that "Open or outdoor service, sale and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers or wagons requires a Conditional Use Permit." The primary function of the proposed business is the renting of automobiles, with an accessory use of sale of said rental vehicles. Because of the restrictions placed upon auto sales operations, the extent of Thrifty's auto sales may not exceed 30 percent of the gross floor area of the principal structure, which would translate into no more than three vehicles. This location has a long history of automotive uses, and the proposed use would not be inconsistent with the previous uses. The zoning of the property is commercial although the comprehensive plan indicates a low density residential designation. Because of the long-standing commercial history at this location and the impending revision to the Thrifty Car Rental 2975 Highway 10 July 26, 1999 Page 2 comprehensive plan which could redesignate this parcel to a commercial use, staff and the Planning Commission feels that the inconsistency with the comprehensive plan could be temporary. Site Plan: The Planning Commission felt that with an operation such as this, there should be a maximum number of vehicles allowed on the lot at any one time. The applicants agreed to this type of restriction and drafted a site plan which the would like to implement, showing two areas for expanded parking. With the increased parking area and space in front of the building, staff has determined that no more than 23 vehicles should be allowed outside on the site. Landscaping: As some members of the Council may recall, the previous business occupant was to have made certain landscaping improvements on the site in 1997, which, due to a supposed misunderstanding, were not fully implemented. The applicant has indicated that they would be in favor of upgrading the landscaping on the site by removing and replacing the dead or dying plantings and by adding additional plantings to improve the appearance of the site. Staff has requested that the City Forester accompany staff to the site so that there is some specific direction in this regard. Drainage: Because the applicant proposes to increase the impervious surface area on the site, staff forwarded the site plans to the City Engineer, who indicated that the amount of impervious expansion was not significant enough to alter or degrade the drainage system. Signage: One of the issues that was discussed at the Planning Commission meetings was signage for the sale of vehicles. The applicant had inquired as to the possibility of permanent signage for vehicle sales. Staff explained that due to zoning restrictions and minimum requirements concerning auto sales, any type of permanent signage should not be allowed. If the applicant chooses to have a vehicle or vehicles for sale in accordance with the CUP provisions, they may only display signage within the vehicles' interior. pecifrc CUP Requirements: The conditions placed upon rental businesses, as stated in Section 1114.04, Subd. 5 of the City Code, are listed as follows with comments as to the relationship with the proposed use: a. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. This condition applies to those businesses having rental or sales as an accessory to another type of use. Because auto rental is the principal use, the 30 percent restriction is not applicable. The sales aspect of this business does need to comply with the 30 percent restriction. The building's Thrifty Car Rental 2975 Highway 10 July 26, 1999 Page 3 gross floor area comprise 1,500 square feet, thus 450 square feet could be put towards the sale of vehicles. This would translate into three average -sized vehicles. A condition would be added to the resolution limiting the business to three vehicles for sale at any time. b. Outside sales areas are fenced or screened from view of neighboring identical uses or an abutting R District in compliance with subdivisions 1103.08(l) through (5) of this Title. The abutting residential properties are screened from any of the outdoor storage as the building itself presents a screen, as well as the six-foot wood privacy fence around the rear and sides of the property. This requirement is met. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with 1103.08, Section 1103.09 of this Title. The existing parking lot lights are mounted on standards 16 feet tall with the fixtures hooded to prevent glare and light spillage onto adjoining properties. There are no plans to alter the lighting in the parking lot and there have been no complaints about lighting when the previous business was in operation. This requirement is met. d. Sales area is grassed or surfaced to control dust. The grounds of this property have been sodded with the remaining area being impervious surface. This requirement is met. e. The open or outdoor service, sale or rental use does not take up parking space as required for conformity of this Title. Section 1121.13 of the City Code outlines the parking specifications by use within the City. Because auto rental is not listed as a use within this section of the Code, staff consulted the American Planning Association's Off -Street Parking Requirements publication, which indicated that one space per every 400 square -feet (or fraction thereof) of gross floor area would be acceptable. Using that ratio, a total of four spaces would need to' be set aside for employees and customers, separate from any vehicles on display for rental or sales purposes. A diagram of the site and parking lot layout is included for your reference. This requirement can be met. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Section 1125.01 of the City Code relates to adverse affects resulting from the proposed use. There are five items listed for consideration: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. Thrifty Car Rental 2975 Highway 10 July 26, 1999 Page 4 (4) The character of the surrounding area. (5) The demonstrated need for such use. A stated above, this use or any commercial use would be inconsistent with the comprehensive plan as currently drafted. A commercial use has been present at this location for the last 30 years and it is staff's and the Planning Commission's position that the comprehensive plan should be amended to reflect this type of use. This comp plan change would occur as part of the current comp plan update process The area surrounding the parcel is dominated by residential uses. There are commercial uses and higher density residential uses across Highway 10. While the property is the only commercial use in the immediate area, its location at the intersection of Spring Lake Road and Highway 10 makes it undesirable for a residential use. Addressing the issue of neighborhood depreciation, it is much more desirable to have a successfully operating business at this location than to have an abandoned, run-down property. As for the need for such a use, there are currently no businesses in the City that provide a car rental service. General CUP Requirements: In addition to the CUP conditions and the adverse affects requirements, the Code also requires that certain findings of fact be addressed in the granting of any conditional use permit. These criteria as they appear in Section 1125.01, Subd. 3b of the City Code are listed as follows: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The use will be a service-oriented business, rather than residential development, and therefore is not expected to create a burden on parks or schools. The proposed use will utilize the existing building and is not expected to increase the demands on public facilities and utilities. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development ofvacant land. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The use is currently screened from abutting residential properties by virtue of a wood privacy fence. The residential properties across the street are sufficiently separated by the width of the Spring Lake Road right of way and the respective setbacks of the business and houses. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The applicant will be replacing a closed and untended business site with a new business and site improvements. There are currently no other similar uses in the City. Thrifty Car Rental 2975 Highway 10 July 26, 1999 Page 5 (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for automobile rental businesses in this zoning district, with approval of a conditional use permit. The property is located on Highway 10, which is the City's primary business corridor. (6) The use is not in conflict with the Comprehensive Plan of the City. While the Comprehensive Plan designates this parcel as residential, it is the intent of staff and the Planning Commission to resolve this inconsistency in conjunction with the Comprehensive Plan revision. (7) The use will not cause traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. In the opinion of Staff and the Planning Commission, this use would not create any traffic hazards and that all of the required infrastructure has been provided. Recommendation: Staff and the Planning Commission is recommending that the Council approve Resolution 5349, a resolution approving a conditional use permit for Thrifty Car Rental to operate an auto rental facility at the property located at 2975 Highway 10, with stipulations. James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\562-99\THRIFTY.CCI .r MINT ? QIJU ,1-DUc COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION 2401 Highway 10, Mounds View MN 55112 °�'�t, • p�rrn�s�`4� 612-717-4020 612-784-3462 - FAX Please Type or Print Information - Complete Both Sides of This Form Applicant Information /�,, Name of Applicant �9 M8('.,��I� j e �7f (1i�1'�Ajtj Telephone 9� Abqp Address T)16 LA 712161M 11M 069 APIMAI Fax _(_o 12— i934 : �i . P Interest in Property (check appropriate box) ❑ Owner of Property Contract for Deed Owner ❑ Lessee, Operator, Manager Agreement to Purchase ❑ Other (explain) Applicants must provide evidence of interest in property at the time of application, and if you are not the owner of the property, you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal Address or General Location ,- FA --L5 '\10,J Legal Description Property Identification # (PIN #) # of Acres Current Zoning 3 Type of Application ❑ Comprehensive Plan Amendment ❑ Rezoning ❑ Major Subdivision ❑ Minor Subdivision ❑ Planned Unit Development (PUD) ❑ PUD Amendment `m Conditional Use Permit ❑ Variance ❑ Code Appeal ❑ Develop Review/Site Plan ❑ Wetland Alteration Permit ❑ Wetland Buffer Permit ❑ Floodplain Permit ❑ Other $250 $250/acre; min $250 max $1500 $250 + $250 deposit* $200 Refer to rezoning fees $350 R-1, R-2 $75; all others $250 R- 1, R-2 $100 all others $250 $100 $125/acre; min $125 max $750 R-1, R-2 $150; all others $200 R-1, R-2 $25; all others $100 $200 *Deposits shall be paid to cover all costs of public notices, materials and staff or consultant time spent in the review, . research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty (30) days atter consideration of the application is completed. 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AT �jT��I J,1 11 1119 j 9 ill MU M SLdrm i 1 1 l L � 1 �d o :st �6iot/Lo MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 586-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING TO CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT REQUEST FROM THRIFTY CAR RENTAL TO OPERATE AN OUTDOOR RENTAL OPERATION AT 2975 HIGHWAY 10; PLANNING CASE NO. 562-99 WHEREAS, Tim Moe, representing Thrifty Car Rental, has applied for a conditional use permit to operate an outdoor automobile rental facility at 2975 Highway 10, property zoned B-3, Highway Business Commercial, legally described as follows: Lot 13 of Auditor's Subdivision No. 89, Subject to Highway 10 and Spring Lake Road Ramsey County, State of Minnesota WHEREAS, the Mounds View Zoning Code allows outdoor automobile rental facilities in the B-3 Highway Business District with the approval of a conditional use permit; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Existing Site Plan. 4. Proposed Site Plan, Date-stamped 7/15/99 5. Letter from Applicant 6. Staff Report WHEREAS, the Mounds View Planning Commission makes the following findings that the criteria for approval for automobile rental facilities in Section 1114.04, Subd. 5 have been met: a. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. The principal use for this location will be automobile rental and is not subject to the thirty percent limitation. The operation maybe allowed to market for sale rental vehicles as an accessory use which would be subject to the thirty percent limitation. This limitation translates into no more than three vehicles on the property marked for sale at any onetime. b. Outside sales areas are fenced or screened from view of neighboring identical uses or an abutting R District in compliance with subdivisions 1103.08(1) through (5) of this Title. Thrifty Auto Rental Resolution 586-99 July 21, 1999 Page 2 There will be no officially designated sales area on this property as the principal use will be auto rental. The use is currently screened from abutting residential properties by virtue of a wood privacy fence. The residential properties across the street are sufficiently separated by the width of the Spring Lake Road right of way and the respective setbacks of the business and houses. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with 1103.08, Section 1103.09 of this Title. There are no changes proposed with regard to the external lighting of this property, which is currently in compliance with the indicated section of City Code. d. Sales area is grassed or surfaced to control dust. The area on which the rental vehicles and those vehicles parked for sale is bituminously paved. Vehicles will not be allowed to be parked upon any unpaved area of the property. e. The open or outdoor service, sale or rental use does not take up parking space as required for conformity of this Title. According to the Chapter 1121 of the City Code, this operation will need to provide a minimum of four parking spaces for employees and customers. Any remaining parking spaces may be utilized for rental vehicles. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. These provisions are addressed in detail in the following "whereas" clause. WHEREAS, The Mounds View Planning Commission makes the following findings that possible adverse effects have been taken into consideration in its recommendation according to Section 1125.01, Subdivision Le: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. Thrifty Auto Rental Resolution 586-99 July 21, 1999 Page 3 This proposed use or any commercial use would be inconsistent with the comprehensive plan as currently drafted. A commercial use has been present at this location for the last 30 years and it is staff's position that the comprehensive plan should be amended to reflect this type of use. This comp plan change could occur as part of the current comp plan update process or could be done in conjunction with the applicant's request. The area surrounding the parcel is dominated by residential uses. There are commercial uses and higher density residential uses across Highway 10.' While the property is the only commercial use in the immediate area, its location at the intersection of Spring Lake Road and Highway 10 makes it undesirable for a residential use. Addressing the issue of neighborhood depreciation, it is much more desirable to have a successfully operating business at this location than to have an abandoned, run-down property. As for the need for such a use, there are currently no businesses in the City that provide a car rental service. WHEREAS, the Mounds View. Planning Commission makes the following findings relative to the criteria stated in Section 1125.01 Subd. 3.b. of the Mounds View Municipal Code: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The use will be a service-oriented business, rather than residential development, and therefore is not expected to create a burden on parks or schools. The proposed use will utilize the existing building and is not expected to increase the demands on public facilities and utilities. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The use is currently screened from abutting residential properties by virtue of a wood privacy fence. The residential properties across the street are sufficiently separated by the width of the Spring Lake Road right of way and the respective setbacks of the business and houses. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The applicant will be replacing a closed and untended business site with a new business and site improvements. There are currently no other similar uses in the City. Thrifty Auto Rental Resolution 586-99 July 21, 1999 Page 4 (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for automobile rental businesses in this zoning district, with approval of a conditional use permit. The property is located on Highway 10, which is the City's primary business corridor. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit with the following stipulations: Hours of operation shall not exceed 7 a.m. to 9 p.m. Monday through Friday, 9 a.m. to 9 p.m. on Saturdays, and 10 a.m. to 4 p.m. on Sundays. 2. Service of vehicles shall only be performed inside the building and shall be limited to only those vehicles on site for rent or sale. There shall not be any service of vehicles allowed for the general public. 3. The applicant shall revise the site plan to show two posted "No Parking" signs along the Spring Lake Road right of way. 4. Other than the vehicles for rent or sale, there shall be no outside storage allowed without the prior approval of an amendment to this conditional use permit. Automobile sales will be limited to a maximum of three vehicles at one time. 6. Other than any interior signage, there shall be no signage allowed pertaining to the sale of vehicles. Cars may display "for sale" signs only if said signage is restricted to the interior of the vehicles. 7. No more than 23 vehicles shall be allowed to be parked outside on the premises at any one time, and only in accordance with the site plan date-stamped 7/15/99. No vehicle shall be allowed to be parked on unimproved surface on the premises at any time. 9. The applicant shall make landscaping improvements to the property consistent with Commission and Council desires, to be more fully addressed prior to City Council action. 10. The applicant shall record the conditional use permit with Ramsey County within 60 days of City Council approval or this permit shall become null and void. Thrifty Auto Rental Resolution 586-99 July 21, 1999 Page 5 BE IT FURTHER RESOLVED that all other Conditional Use Permits on file with this property pertaining to previous uses shall hereby be revoked, rescinded and considered null and void because the provisions pertaining to those uses are no longer being observed . BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 21st day of July, 1999. Attest: (Seal) Jerry Peterson, Chairperson Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\DEVCASES\562-99\586-99PC.RES RESOLUTION NO. 5349 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUEST FROM THRIFTY CAR RENTAL TO OPERATE AN OUTDOOR RENTAL OPERATION AT 2975 HIGHWAY 10; PLANNING CASE NO. 562-99 WHEREAS, Tim Moe, representing Thrifty Car Rental, has applied for a conditional use permit to operate an outdoor automobile rental facility at 2975 Highway 10, property zoned B-3, Highway Business Commercial, legally described as follows: Lot 13 of Auditor's Subdivision No. 89, Subject to Highway 10 and Spring Lake Road Ramsey County, State of Minnesota WHEREAS, the Mounds View Zoning Code allows outdoor automobile rental facilities in the B-3 Highway Business District with the approval of a conditional use permit; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Existing Site Plan 4. Proposed Site Plan, Date-stamped 7/15/99 5. Letter from Applicant 6. Staff Report 7. Planning Commission Resolution 586-99 WHEREAS, the Mounds View City Council makes the following findings that the criteria for approval for automobile rental facilities in Section 1114.04, Subd. 5 have been met: a. Outside services, sales and equipment rental connected with the principal use is limited Thrifty Auto Rental Resolution 5349 July 26, 1999 Page 2 to thirty percent (30%) of the gross floor area of the principal use. The principal use for this location will be automobile rental and is not subject to the thirty percent limitation. The operation maybe allowed to market for sale rental vehicles as an accessory use which would be subject to the thirty percent limitation. This limitation translates into no more than three vehicles on the property marked for sale at any one time. b. Outside sales areas are fenced or screened from view of neighboring identical uses or an abutting R District in compliance with subdivisions 1103.08(1) through (5) of this Title. There will be no officially designated sales area on this property as the principal use will be auto rental. The use is currently screened from abutting residential properties by virtue of a wood privacy fence. The residential properties across the street are sufficiently separated by the width of the Spring Lake Road right of way and the respective setbacks of the business and houses. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with 1103.08, Section 1103.09 of this Title. There are no changes proposed with regard to the external lighting of this property, which is currently in compliance with the indicated section of City Code. d. Sales area is grassed or surfaced to control dust. The area on which the rental vehicles and those vehicles parked for sale is bituminously paved. Vehicles will not be allowed to be parked upon any unpaved area of the property. e. The open or outdoor service, sale or rental use does not take up parking space as required for conformity of this Title. According to the Chapter 1121 of the City Code, this operation will need to provide a minimum of four parking spaces for employees and customers. Any remaining parking spaces may be utilized for rental vehicles. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. These provisions are addressed in detail in the following `whereas" clause. WHEREAS, The Mounds View City Council makes the following findings that possible adverse effects have been taken into consideration in its recommendation according to Section 1125.01, Subdivision Le: Thrifty Auto Rental Resolution 5349 July 26, 1999 Page 3 (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. While a commercial use has been present at this location for the last 30 years, this proposed use or any commercial use would be inconsistent with the comprehensive plan as currently drafted. It is staff's position that the comprehensive plan should be amended to reflect this type of use, the change to occur as part of the current comp plan update process. The area surrounding the parcel is dominated by residential uses. There are commercial uses and higher density residential uses across Highway 10. While the property is the only commercial use in the immediate area, its location at the intersection of Spring Lake Road and Highway 10 makes it undesirable for a residential use. Addressing the issue of neighborhood depreciation, it is much more desirable to have a successfully operating business at this location than to have an abandoned, run-down property. As for the need for such a use, there are currently no businesses in the City that provide a car rental service. WHEREAS, the Mounds View City Council makes the following findings relative to the criteria stated in Section 1125.01 Subd. 3.b. of the Mounds View Municipal Code: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The use will be a service-oriented business, rather than residential development, and therefore is not expected to create a burden on parks or schools. The proposed use will utilize the existing building and is not expected to increase the demands on public facilities and utilities. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The use is currently screened from abutting residential properties by virtue of a wood privacy fence. The residential properties across the street are sufficiently separated by the width of the Spring Lake Road right of way and the respective setbacks of the business and houses. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The applicant will be replacing a closed and untended business site with a new business and site improvements. There are currently no other similar uses in the City. Thrifty Auto Rental Resolution 5349 July 26, 1999 Page 4 (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for automobile rental businesses in this zoning district, with approval of a conditional use permit. The property is located on Highway 10, which is the City's primary business corridor. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit requested for with the following stipulations: Hours of operation shall not exceed 7 a.m. to 9 p.m. Monday through Friday, 9 a.m. to 9 p.m. on Saturdays, and 10 a.m. to 4 p.m. on Sundays. 2. Service of vehicles shall only be performed inside the building and shall be limited to only those vehicles on site for rent or sale. There shall not be any service of vehicles allowed for the general public. The applicant shall install two "No Parking" signs along the Spring Lake Road right of way. 4. Other than the vehicles for rent or sale, there shall be no outside storage allowed without the prior approval of an amendment to this conditional use permit. 5. Automobile sales will be limited to a maximum of three vehicles at one time. 6. Other than any interior signage, there shall be no signage allowed pertaining to the sale of vehicles. Cars may display "for sale" signs only if said signage is restricted to the interior of the vehicles. 7. No more than 23 vehicles shall be allowed to be parked outside on the premises at any one time, and only in accordance with the site plan date-stamped 7/15/99. 8. No vehicle shall be allowed to be parked on unimproved surface on the premises at any time. 9. The applicant shall make landscaping improvements to the property consistent with Commission and Council desires, to be more fully addressed prior to City Council action. 10. The applicant shall record the conditional use permit with Ramsey County within 60 days of City Council approval and provide proof of such recordation to the City or this permit shall become null and void. Thrifty Auto Rental Resolution 5349 July 26, 1999 Page 5 BE IT FURTHER RESOLVED that all other Conditional Use Permits on file with this property pertaining to previous uses shall hereby be revoked, rescinded and considered null and void because the provisions pertaining to those uses are no longer being observed . Adopted this 21 st day of July, 1999. Attest: (Seal) Dan Coughlin, Mayor Charles S. Whiting, City Clerk / Administrator N:\DATA\GROUPS\COMDEV\DEVCASES\562-99\5349CC RES Item No. 16 6-1 Staff Report No. Meeting Date: Type of Business: WK Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing and consideration of Resolution 5351, a resolution approving the issuance of a conditional use permit for an outdoor produce sales stand at 2732 Highway 10, requested by Holiday Stationstore Date of Report: July 21, 1999 Background: Chuck Durand, representing the Holiday Stationstore, is requesting a conditional use permit to operate an outdoor produce stand in the parking lot of the Holiday Stationstore, located at the southeast corner of Highway 10 and Silver Lake Road from July through October of this year and years thereafter. The produce is planned to be open from dawn to dusk, seven days a week. The stand would be operated by Darcy Ewing of Big Lake, Minnesota. The sales tent is proposed to be 12 feet square and would be located in the grassy area immediately adjacent to the bank of parking stalls at the north corner of the lot. If there are no problems with the operation, the applicant would like the opportunity to operate in subsequent years as was done with Linder's and Merryville farm market. Analysis: This produce stand would be similar to the Merryville operation at Moundsview Square. Signage for the produce stand will be accomplished with small banners affixed to the stand and covering. As was done for the Linder's and Merryville, the conditional use permit for Holiday is drafted in such a way so that future appearances before the Planning Commission and City Council are not required. This allowance is conditioned on many factors, not the least of which is that there be no problems associated with the operation this year. The CUP would then remain in effect indefinitely so long as there are no changes to the operation and the applicant resubmit a letter of intent and site plan each year in advance. CUP Requirements: The criteria for approval of a conditional use permit appear in Section 1114.04, Subd. 5 of the Mounds View Municipal Code. They are as follows: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. Holiday Produce Cup Planning Case 564-99 July 26, 1999 Page 2 The Holiday Stationstore building contains approximately 6,500 square feet of building area. The proposed produce stand would occupy 144 square feet of the property, which is about 2% of the building square footage on the site. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) - (5) of this Title. The produce stand would be screened from the neighboring yet -to -be completed Realife Cooperative senior residential complex by the Holiday building. C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of the Code. The applicant will not have any lighting associated with the produce stand as it will be operating during daylight hours. d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use the lawn area adjacent to the north bank of parking stalls instead of taking up space in the parking lot. e. The open or outdoor service, sale or rental use does not take up parking spaces as required for conformity of this Title. The produce stand would not be located in the parking lot and it is expected that the majority of the customers would be drawn from those already on the premises for gas or convenience products. f. The provisions of Subdivision 1125.01(1)e of this Title are considered and satisfactorily met: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The proposal is for a temporary produce stand adjacent to the parking lot of an existing Holiday Stationstore. The Comprehensive Plan designates this site as Mixed Use PUD, which coincides with the zoning of this site. Such an accessory use would not be inconsistent with the Plan. The store is at the corner of two major transportation arteries and is screened from adjacent residential uses. The sale of produce is a typical seasonal business in a community such as Mounds View and it serves a community need. The short duration of the use will result in little, if any, adverse effect upon the surrounding area. In addition to the specific criteria addressed in Section 1114.04 and the adverse effects considerations in Subdivision 1125.01 (1)e, there are generic CUP criteria that appear in Subdivision 1125.01 (3)b that need to be addressed. They are as follows: Holiday Produce Cup Planning Case 564-99 July 26, 1999 Page 3 (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. It is not expected that this use will have any impact on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The produce stand would be screened from the neighboring yet -to -be completed Realife Cooperative senior residential complex by the Holiday building and by distance. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. While staff has no plans to show the design or construction of this structure, it is not expected that the 12 foot square stand would have an adverse appearance, nor would it be adjacent to any residential property. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The City already has given approval for one produce stand to be located at Moundsview Square. This type of business, however, depends upon existing traffic for the majority of its business, which means it will draw primarily from those people already at the Holiday store. Having two such businesses separated by a third of a mile on opposite sides of Highway 10 would satisfy a need and provide for additional convenience. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for this type of use with a conditional use permit. It would not inconsistent with the intent of the Zoning Code for such a business to operate at this location. (6) The use is not in conflict with the Comprehensive Plan of the City. The Comprehensive Plan designates this area of the City as Mixed Use Planned Unit Development, which indicates an anticipation for a variety of uses. A produce stand to be located at a gas and convenience store would not be inconsistent with the Comprehensive Plan. (7) The use will not cause traffic hazards or congestion. It is not expected that this use will draw significant customers on its own. The majority of its customer base will be those people already at the Holiday store for gas or other conveniences. As such, it would not be expected that this use would cause traffic hazards or congestion. Holiday Produce Cup Planning Case 564-99 July 26, 1999 Page 4 (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The use would be located in the parking lot of the Holiday Stationstore which is served by Highway 10 and Silver lake Road. All of the infrastructure serving this site are installed and provided --no additional infrastructure will be needed top accommodate this use. In the estimation of staff, it appears as though the specific CUP requirements in Subdivision 1114.04(1)e, the adverse effects criteria in Subdivision 1125.01(1)e, and the general CUP requirements in Subdivision 1125.01 (3)b are all satisfied. Recommendation: Approve Resolution 5352, a resolution approving a conditional use permit for the Holiday Stationstore located at 2732 Highway 10 to annually operate an outdoor produce stand from July 1 to October 31, with stipulations. Q'a ' � James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\564-99\HOLIDAY.CCI PRAjt.�' COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION 2401 Highway 10, Mounds View MN 55112 612-717-4020 612-784-3462 - FAX Please Type or Print Information - Complete Both Sides of This Form Applicant Information / r Name of Applicant %l -v.4 1//t%iy - 3 7oe(E Telephone � / Z - 7�7Z —QC, 6) Z Address ! `l o �c - !� ! b". L'o Fax 4711 — 7 22- X 7 3 2 - Interest in Property (check appropriate box) Owner of Property b Contract for Deed Owner ❑ Lessee, Operator, Manager ❑ Agreement to Purchase ❑ Other (explain) Applicants must provide evidence of interest in property at the time of application, and if you are not the owner of the property, you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal Address or General Location 0 X A, (f— •-- e) - lo �- Lvf=X /Iiv<-<, f�G� Legal Description Property Identification # (PIN #) 1$ # of Acres % 1 '34 5 it Current Zoning Type of Application ❑ Comprehensive Plan Amendment ❑ Rezoning ❑ Major Subdivision ❑ Minor Subdivision ❑ Planned Unit Development (PUD) ❑ PUD Amendment X Conditional Use Permit ❑ Variance ❑ Code Appeal ❑ Develop Review/Site Plan ❑ Wetland Alteration Permit ❑ Wetland Buffer Permit ❑ Floodplain Permit ❑ Other $250 $250/acre; min $250 max $1500 $250 + $250 deposit* $200 Refer to rezoning fees $350 R-1, R-2 $75; all others,.$250. R-1, R-2 $100 all others $25'6- $100 $125/acre; min $125 max $750 R-1, R-2 $150; all others $200 R-1, R-2 $25; all others $100 $200 *Deposits shall be paid to cover all costs of public notices, materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty (30) days after consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View, MN Present Use of Property ❑ Undeveloped/Vacant ❑ Duplex/Two Family Dwelling Business/Commercial Establishment ❑ Other (explain) Property Classification ❑ Abstract Description of Proposal ❑ Single Family Dwelling ❑ Multi -family Dwelling ❑ Industrial Establishment ❑ Torrens BY MY (OUR) SIGNATURE ON THIS APPLICATION, I BY DECLARETHAT, TO THE BEST OF MY KNOWLEDGE, THE INFORMATION PROV�D IS TptOE ` ) Signature of Applicant Name of Applicant (typed/printed) Signature of Property Owner Name of Property Owner (typed/printed) Address of Owner Phone Number of Owner ************************************************************************************************ FOR OFFICE USE ONLY Date of Submittal C, Assigned � � 1 ' Assi ed to: Date of Acceptance L �' c 120 -day limit d–, (ci Planning Case No. d tk—of 60 -day Limit Y Application: Park Dedication: Deposits: Other: Total: Check # Receipt # Account # Fees Paid: 0,00 l o R -7 of 2 1198 N:\DATA\GROUPS\COMDEV\FO RIviS\DEV APP. FOR a 7785 77 7 7686 7680 7670 7_666 7664 7620 7600 1- 8060 8065 € E8084 P-151— 8070 8071 Ouao tsuiI 8040 32 8075 8060 8059 8050 8055 8060 3 8045 \ 8046 80451 8042 8045 8052 c R-0 8030 8036 8040 8039 N 8025 -- -'---' _ _ _ 032 8033 8040 8020 8025 016 015 8028 C 8023 T 018 8011 8000 7980 ___ 800 8005 8016 8009 8006 _�. 8005 _. 7990 7985 8004 7981 7990 O� 7981 7990 B 798 7975 7970 7979 7980 7969 798 + m¢ 7960' 7965 7960 7959 7970 7965 N N 795 7955 7956 W 7949 7954 7959 7966 N 7934 7940 7945 7946 7933 7950 7932 7930 7935 7930 `} 0 3 � d co R-3 % N N N 7900 7901 7900 N N N 7900 Zoning Map Planning Case 568-99 Applicant: Holiday Produce CUP Location: 2744 Highway 10 cp 7886578 91 m N 7876 � 7885 Z- 7870 � 7877 7863 7851 ro R-4 ti�O A 0— -Z _G49, I N to F 9 00 MOUNDS VIEW VILLAGE CENTER GATEWAY AREA EASEMENT 30'X 30' s a Proposed stand location 286 o� 0 � I\ I\ III III ' o , I�! III T'? 20'-0" cz 0 Memo Date: 6/30/99 To: Jim Erickson, City of Mounds View t From: Chuck Durand, Holiday Stationstore RE: Conditional Use Permit for produce stand I am writing you in conjunction with the Conditional Use Permit, which we recently submitted to provide for the sale of fresh produce on the exterior of our premise. We anticipate that the sales tent/stand will be approximately 12 feet square and be located in an area as shown on the site plan I submitted. We plan on a sales period of the months of July, August, September and October (this year we will start as soon as the permit is granted). We do not think parking will be a problem as we already have ample spaces and most of our sales will be to customers already purchasing gas or merchandise. The operator of the stand is expected to be Darcey Ewing from Big Lake who has other stands of this nature in the area. The stand will specialize in Homegrown produce of many types including corn, potatoes, Tomatoes etc... We feel that a fresh produce stand of this nature will offer the area welcomed source of fresh quality produce at a very competitive price. Please start the process for the conditional use permit as soon as possible and let us know if you have any questions. Thank you for your consideration. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 589-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR OUTDOOR PRODUCE SALES AT HOLIDAY STATIONSTORE, REQUESTED BY CHUCK DURAND; PLANNING CASE NO. 564-99 WHEREAS, Chuck Durand, representing the Holiday Stationstore, has applied for a conditional use permit to conduct open and outdoor sales at his business located at 2732 Highway 10, property zoned PUD, legally described as follows: Lot 1, Block 1, Silverview Estates, County of Ramsey WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map C. Site Plan d. Letter from Property Owner WHEREAS, The Mounds View Planning Commission makes the following findings that the specific criteria for approval in Section 1114.04, Subd. 2 have been met: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. The Holiday Stationstore building contains approximately 6,500 square feet of building space. The proposed produce stand would occupy 144 square feet of the property, which is about 2% of the building square footage on the site. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) - (5) of this Title. The produce stand would be screened from the neighboring yet -to -be completed Realife Cooperative senior residential complex by the Holiday building. C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of the Code. The applicant will not have any lighting associated with the produce stand as it will be operating during daylight hours. Holiday Produce Cup Resolution 589-99 July 21, 1999 Page 2 d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use the lawn area adjacent to the north bank of parking stalls instead of taking up space in the parking lot. e. The open or outdoor service, sale or rental use does not take up parking spaces as required for conformity of this Title. The produce stand would not be located in the parking lot and it is expected that the majority of the customers would be drawn from those already on the premises for gas or convenience products. WHEREAS, the Planning Commission has considered the provisions from Section 1125.01(1)e of the Zoning Code regarding possible adverse effects of the proposed use and makes the following findings: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The Comprehensive Plan designates this site as Mixed Use PUD, which coincides with the zoning of this site. Such an accessory use would not be inconsistent with the Plan. The store is at the corner of two major transportation arteries and is screened from adjacent residential uses. The sale of produce is a typical seasonal business in a community such as Mounds View and it serves a community need. The short duration of the use will result in little, if any, adverse effect upon the surrounding area. WHEREAS, The Mounds View Planning Commission makes the following findings that the general criteria for CUP approval in Subdivision 1125.01 (2) have been met: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. It is not expected that this use will have any impact on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The produce stand would be screened from the neighboring yet -to -be completed Realife Cooperative senior residential complex by the Holiday building and by distance. Holiday Produce Cup Resolution 589-99 July 21, 1999 Page 3 (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. While staff has no plans to show the design or construction of this structure, it is not expected that the 12 foot square stand would have an adverse appearance, nor would it be adjacent to any residential property. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The City already has given approval for one produce stand to be located at Moundsview Square. This type of business, however, depends upon existing traffic for the majority of its business, which means it will draw primarily from those people already at the Holiday store. Having two such businesses separated by a third of a mile on opposite sides of Highway 10 would satisfy a need and provide for additional convenience. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for this type of use with a conditional use permit. It would not be inconsistent with the intent of the Zoning Code for such a business to operate at this location. (6) The use is not in conflict with the Comprehensive Plan of the City. The Comprehensive Plan designates this area of the City as Mixed Use Planned Unit Development, which indicates an anticipation for a variety of uses. A produce stand to be located at a gas and convenience store would not be inconsistent with the Comprehensive Plan. (7) The use will not cause traffic hazards or congestion. It is not expected that this use will draw significant customers on its own. The majority of its customer base will be those people already at the Holiday store for gas or other conveniences. As such, it would not be expected that this use would cause traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The use would be located adjacent to the parking lot of the Holiday Stationstore which is served by Highway 10 and Silver lake Road. All of the infrastructure serving this site are installed and provided --no additional infrastructure will be needed to accommodate this use. Holiday Produce Cup Resolution 589-99 July 21, 1999 Page 4 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of a conditional use permit for a produce stand at the Holdiay Stationstore located at 2732 Highway 10, with the following stipulations: The facility shall be allowed to operate from July 1 to October 31 of each year. 2. The produce stand shall operate only between dawn and dusk hours. 3. Signage shall be allowed only as affixed to the stand and/or roof. 4. Lighting for the use shall be supplied by existing parking lot standards. 5. The applicant shall provide the following on an annual basis to the Director of Community Development: a. Letter of permission from property owner. b. Complete set of site plans C. Narrative description of the proposal. 6. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such review, in the estimation of the Director of Community Development or the City Council. BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 21 st day of July, 1999. Attest: (Seal) Jerry Peterson, Chairperson Rick Jopke, Community Development Director RESOLUTION NO. 5352 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR PRODUCE SALES AT HOLIDAY STATIONSTORE, REQUESTED BY CHUCK DURAND; PLANNING CASE NO. 564-99 WHEREAS, Chuck Durand, representing the Holiday Stationstore, has applied for a conditional use permit to conduct open and outdoor sales at his business located at 2732 Highway 10, property zoned PUD, legally described as follows: Lot 1, Block 1, Silverview Estates, County of Ramsey WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Staff Report b. Planning Application C. Zoning Map d. Site Plan e. Letter from Property Owner f Planning Commission Resolution 589-99 WHEREAS, The Mounds View City Council makes the following findings that the specific criteria for approval in Section 1114.04, Subd. 2 have been met: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. The Holiday Stationstore building contains approximately 6,500 square feet of building space. The proposed produce stand would occupy 144 square feet of the property, which is about 2% of the building square footage on the site. Holiday Produce Cup Resolution 5352 July 21, 1999 Page 2 b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) - (5) of this Title. The produce stand would be screened from the neighboring yet -to -be completed Realife Cooperative senior residential complex by the Holiday building. C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of the Code. The applicant will not have any lighting associated with the produce stand as it will be operating during daylight hours. d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use the lawn area adjacent to the north bank of parking stalls instead of taking up space in the parking lot. e. The open or outdoor service, sale or rental use does not take up parking spaces as required for conformity of this Title. The produce stand would not be located in the parking lot and it is expected that the majority of the customers would be drawn from those already on the premises for gas or convenience products. WHEREAS, the Mounds View City Council has considered the provisions from Section 1125.01(1)e of the Zoning Code regarding possible adverse effects of the proposed use and makes the following findings: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The Comprehensive Plan designates this site as Mixed Use PUD, which coincides with the zoning of this site. Such an accessory use would not be inconsistent with the Plan. The store is at the corner of two major transportation arteries and is screened from adjacent residential uses. The sale of produce is a typical seasonal business in a community such as Mounds View and it serves a community need. The short duration of the use will result in little, if any, adverse effect upon the surrounding area. WHEREAS, The Mounds View City Council makes the following findings that the general criteria for CUP approval in Subdivision 1125.01 (2) have been met: Holiday Produce Cup Resolution 5352 July 21, 1999 Page 3 (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. It is not expected that this use will have any impact on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The produce stand would be screened from the neighboring yet -to -be completed Realife Cooperative senior residential complex by the Holiday building and by distance. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. While staff has no plans to show the design or construction of this structure, it is not expected that the 12 foot square stand would have an adverse appearance, nor would it be adjacent to any residential property. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The City already has given approval for one produce stand to be located at Moundsview Square. This type of business, however, depends upon existing traffic for the majority of its business, which means it will draw primarily from those people already at the Holiday store. Having two such businesses separated by a third of a mile on opposite sides of Highway 10 would satisfy a need and provide for additional convenience. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for this type of use with a conditional use permit. It would not be inconsistent with the intent of the Zoning Code for such a business to operate at this location. (6) The use is not in conflict with the Comprehensive Plan of the City. The Comprehensive Plan designates this area of the City as Mixed Use Planned Unit Development, which indicates an anticipation for a variety of uses. A produce stand to be located at a gas and convenience store would not be inconsistent with the Comprehensive Plan. (7) The use will not cause traffic hazards or congestion. Holiday Produce Cup Resolution 5352 July 21, 1999 Page 4 It is not expected that this use will draw significant customers on its own. The majority of its customer base will be those people already at the Holiday store for gas or other conveniences. As such, it would not be expected that this use would cause traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The use would be located adjacent to the parking lot of the Holiday Stationstore which is served by Highway 10 and Silver lake Road. All of the infrastructure serving this site are installed and provided --no additional infrastructure will be needed to accommodate this use. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit for a produce stand at the Holiday Stationstore located at 2732 Highway 10, with the following stipulations: The facility shall be allowed to operate from July 1 to October 31 of each year. 2. The produce stand shall operate only between dawn and dusk hours. Signage shall be allowed only as affixed to the stand and/or roof. 4. Lighting for the use shall be supplied by existing parking lot standards. 5. The applicant shall provide the following on an annual basis to the Director of Community Development: a. Letter of permission from property owner. b. Complete set of site plans C. Narrative description of the proposal. 6. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such review, in the estimation of the Director of Community Development or the City Council. 7. The applicant shall record the resolution of approval with Ramsey County within 60 days of final approval, providing proof of such recordation with the City, or this resolution shall be considered null and void. BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. Holiday Produce Cup Resolution 5352 July 21, 1999 Page 5 Adopted this 26th of July, 1999. Dan Coughlin, Mayor Attest: Charles S. Whiting, City Clerk / Administrator (Seal) N:\DATA\GROUPS\COMDEV\DEVCASES\564-99\5352CC.RES Item No. Staff Report No. Meeting Date: July 26, 1999 Type of Business: Consent Agenda WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report now— To: Honorable Mayor and City Council From: Tracy Juell, Administrative Assistant, Public Works Department Item Title/Subject: Suspension of Waste Management of Blaine's Hauling License Date of Report: July 22, 1999 The City of Mounds View funds all of the recycling programs, ie. (2) City wide clean up days, recycling bins, fliers, recycling contest, etc., through a Ramsey County SCORE Grant. As a requirement for receiving the grant, the City must submit tonnage figures, etc. in bi-annual recycling reports to the Ramsey County Department of Health by their required due date. Each licensed residential/multi-dwelling hauler (garbage/recycling) submits monthly recycling tonnage reports; as of today's date, Waste Management of Blaine has not submitted any reports for 1999. Voice mail messages have been left with Tom Kline, Recycling Coordinator and Ery Hoffsted, Supervisor, asking that the tonnage reports be faxed to my attention immediately. (It should be noted, that in the July 19, 1999 voice mail message to Mr. Kline, I stated that I would be approaching the Council at their next meeting to suspend their hauling license if the reports were not faxed by July 20.) Attached to this report, is a copy of Chapter 603.06, subd. 3 of the Garbage and Rubbish ordinance, highlighting the requirements of maintaining a hauling license in the City of Mounds View. Waste Management of Blaine is not complying with these requirements and it is my understanding that this has been an on-going problem/issue with this particular hauler. RECOMMENDATION: To suspend Waste Management of Blaine's hauling license, if reports are not received within 48 hours, and to issue a court citation and/or an administrative offense of $100.00 per month of non- compliance (6 x $100.00) and a $100.00 administrative fee. r uell, fdm_ni,t6Vvi0ist.t, Public Works Dept. C: OFFICE WPWINI WPDOCSISTAFFRP71 WSTMGT.99 603.06 603.07 b. Additional Restrictions for Residential Haulers: In addition to the other requirements of this Chapter, haulers servicing residences, mobile home parks and multiple dwellings shall comply with the following: (1) Curbside recycling collection will be made available to all residential and multiple dwelling customers no later than July 1, 1990. Such service shall include weekly collection of all recyclable materials on the same day as. garbage and rubbish collection for residences. (2) Collection of garbage and rubbish and recyclable materials will be provided on a weekly basis, but not necessarily on the same day, for multiple dwellings and mobile home parks. (3) Collection service priced on the basis of volume shall be provided. All billings shall be itemized so as to show what individual charges are being levied. (4) Each licensee shall separately collect and dispose of yard waste on a regular basis for a minimum of eight (8) weeks in the spring, commencing on April 1, and eight (8) weeks in the fall, commencing on September 15. Subd. 3. Reporting of Recyclables and Yard Waste: All licensees shall report to the City the amount of recyclable materials and yard waste collected. This shall be done monthly on a form provided by the City. Such quantities shall be reported by tonnage; except, that yard waste shall be reported in estimates of cubic yardage abated. Failure to certify accurate volumes within the time specified by the City may be cause for suspension or revocation of a hauling license. (Ord. 486, 4-23-90; 1993 Code) 603.07: VIOLATION OF PROVISIONS: Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. (Ord. 486, 4-23-90) City of Mounds View Item No. Staff Report No. Meeting Date: July 26, 1999 Type of Business: CB WK. Work Session; PH: Public Hearing; CA: ConsentAgenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 632, an Ordinance Amending Chapter 1113 of the Zoning Code Pertaining to Permitted Uses within the B-2, Limited Business Zoning District; Special Planning Case No. SP -072-99 Date of Report: July 21, 1999 Discussion: Staff has issued a building permit to Kraus Anderson to do interior remodeling work within Silver View Plaza, located at 2540 Highway 10, for a private educational facility --Calvin Academy. The subject property is zoned B-2, Limited Business, which does not specifically permit such a use. The first reading of this ordinance which adds educational facilities to the list of permitted uses within the B-2 district was held on July 12, 1999, at which time the Council amended the original version to permit any type of educational or instructional facilities, rather than limiting the amendment to private facilities only. The attached draft of Ordinance 632 has incorporated these changes Recommendation: Approve the second reading of Ordinance 632, an ordinance amending Chapter 1113 of the Zoning Code pertaining to permitted uses with the B-2, Limited Business zoning district. Jam- �0�. James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\SPECPROASP072-99\ORD632.CC2 ORDINANCE NO. 632 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1113 OF THE MOUNDS VIEW MUNICIPAL CODE (ZONING CODE) PERTAINING TO PERMITTED USES WITHIN THE B-2, LIMITED BUSINESS DISTRICT; SPECIAL PLANNING CASE SP -070-99 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1113.02 of the Mounds View Municipal Code is hereby amended by alphabetically inserting the following commercial business use shown underlined and italicized: 1113.02: PERMITTED USES: The following are permitted uses in a B-2 District: Subd. 1. Service Oriented Businesses: Service oriented businesses which serve the Mounds View community: Bank, savings and loan, savings credit unions and other financial institutions. Commercial (leased and professional offices). Copy service but not including printing press or newspaper. Dry cleaning pick-up and laundry pick-up stations, including incidental repair and assembly but not including processing. Educational or instructional facilities Employment agencies. Finance companies. Health and beauty services. Insurance sales, claims and branch offices. Locksmith. Medical and dental offices and clinics. Public utility collection offices. Real estate sales. Shoe repair. Travel bureaus, transportation ticket offices. Ordinance 632 July 26, 1999 Page 2 SECTION 2. This Ordinance goes into effect thirty (30) days after its publication in the official City newspaper. First reading by the City Council of the City of Mounds View on the 12th day of July, 1999. Second reading and adoption by the City Council of the City of Mounds View on the 26th day of July, 1999. ATTEST: (SEAL) APPROVED AS TO FORM: City Attorney Dan Coughlin, Mayor Charles S. Whiting, City Clerk/Administrator N:\DATA\GROUPS\COMDEV\SPECPROASP072-99\632.ORD /D ('T City of Mounds View Staff To: Mayor and members of the City Council From: Bruce A. Kessel, Finance Director Item Title/Subject: Decertify parcels within TIF District 2 Date of Report: July 22, 1999 Attached is a City Council Resolution that was requested to remove two parcels from the TIF District. While the issue was requested to be placed on the City Council agenda, I believe that it is actually the Economic Development Authority who has the authority to take such action. Other staff members or our TIF attorney or City attorney would be better able to address the proper entity that is able to adopt such a resolution. Regardless of the actual entity that adopts the resolution, you may wish to authorize the mayor and clerk -treasurer to modify it if necessary and then to execute it for and on behalf of the City in order to meet any County requirements. Prior to adopting this resolution, I feel that it is my duty as the City's Finance Director to express my concerns relating to this resolution. ❑ At the present time, the City has three outstanding general obligation bond issues totaling $5,780,000 that are backed by the full faith and credit of the City. In lay terms, this translates into the City pledging to increase its property tax levy to make up any shortfall in revenue collections from tax increments. ❑ The City uses tax increment funds to pay for a portion of three City employee's salaries, for housing programs, Highway 10 redevelopment, business retention and expansion, etc. If there are not sufficient TIF dollars to pay for such costs, they will either have to be shifted to the general fund or be eliminated. ❑ The City Council, Economic Development Authority, and Economic Development Commission have not developed a long-term plan for the use of TIF. To arbitrarily select several parcels to remove from the district without first developing such a plan is not fiscally responsible. As has been stated in the past, the City has several options to deal with funds in excess of what it deems it needs within its TIF District including: ❑ Collect the funds and return a portion back to the County to redistribute to the County, School District and the City (the other misc. jurisdictions such as Rice Creek, Library, etc. do not receive any of portion of such payment); ❑ Decertify an area or an entire District. If the City completes a plan and determines that an area or an entire District is no longer in need of redevelopment, it can then justify its decertification. However, to arbitrarily pick out several parcels without it being a part of a long-term plan is not fiscally responsible. The County has indicated that there is a short time table to decertify a parcel for next year. If the Council wishes to complete a long term plan that addresses the issues raised above, it could wait to adopt the attached resolution and return to the County the increment collected on said parcels in 2000 and achieve the same results. If you have any questions, please feel free to contact me. RESOLUTION NO. 5356 Decertification of individual parcels with TIF District 2. CITY OF MOUNDS VIEW County of Ramsey State of Minnesota Councilor introduced the following resolution and moved its adoption: WHEREAS, there has been a request to decertify two parcels within TIF District 2. BE IT RESOLVED by the City Council of the City of Mounds View that the following parcels are hereby to be removed (decertified) from the City of Mounds View Tax Increment Financing District Number 2, effective for property taxes payable in the year 2000: 1. Parcel 06-30-23-43-0038 (Holiday Station store); and 2. Parcel 06-30-23-43-0041 (Realife Cooperative). BE IT FURTHER RESOLVED that the City Clerk -Administrator is hereby instructed to forward this resolution to Ramsey County and complete any other forms necessary to complete the decertification of said parcels. The motion for the adoption of the foregoing resolution was duly seconded by Councilor and the roll being call, the following vote was recorded: Voting Aye: Voting Nay: Not Voting: Whereupon said resolution was declared to have been duly passed and adopted this 26th day of July, 1999. ATTEST: (SEAL) Mayor City Clerk -Administrator