HomeMy WebLinkAboutAgenda Packets - 1999/08/09 CITY OF MOUNDS VIEW
ECONOMIC DEVELOPMENT UST 9, 999HO�TY
MONDAY,
7:00 P.M.
AGENDA
ROLL CALL: President Coughlin,Vice President Stigney, Commissioner Marty,
Commissioner Quick, Commissioner Thomason
1. AGENDA ADDITIONS:
2. APPROVAL OF MINUTES
A. Approve Minutes of July 26, 1999 minutes.
3. SPECIAL ORDER OF BUSINESS:
None
4. CONSENT AGENDA
None
5. EDA BUSINESS
A. Public Hearing, 7:05 p.m., for the Consideration of Resolution 99-EDA-116, a
Resolution approving the Sale of City owned Property located at 6991 Pleasant
View Drive to Vista Construction,Inc.
B. Consideration of Resolution 99-EDA-117, a Resolution Decertifying Certain
Parcels in TIF District No. 2.
6. REPORTS
7. ADJOURNMENT
CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY,AUGUST 9, 1999
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 26, 1999 Minutes
5. SPECIAL ORDER OF BUSINESS:
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Page Two
City Council Agenda
August 9, 1999
6. REPORTS
7. CONSENT AGENDA
A. Approve Just and Correct Claims.
B. Approve Resolution 5358, appointing Park and Rec Commissioners.
C. Set a Public Hearing for 7:05 p.m.,Monday, August 23, 1999, for the
consideration of Resolution 5353, a resolution contemplating the issuance of a
conditional use permit for an over-sized garage to be located at 2809 Woodale
Drive.
D. Consideration of Pathways Construction Bids.
E. Approval of Final Plans and Specifications for the Woodcrest Park Wetland
Mitigation Project and Authorizing Advertisement for Bids.
F. Set a Public Hearing for 7:10 p.m.,Monday, August 23, 1999, for the
consideration of Resolution 5345, a resolution contemplating the issuance of a
conditional use permit for an assisted living senior residential facility and for the
Introduction(First Reading) of Ordinance 631, an ordinance rezoning property
located at 2670 County Road I from B-2,Limited Business,to R-4,High Density
Residential. 1999, for the Introduction
G. Set a Public Hearing for 7:15 p.m.,Monday, August 23,
(First Reading) of Ordinance 638, an ordinance vacating part of a drainage and
public utility easement over Lots 17 & 18, Edgewood Square.
H. Authorization to Proceed with City Attorney for Personnel Policies Manual.
I. Contractor Licenses for Approval.
J. Set a Public Hearing for 7:20 p.m.,Monday, August 23, 1999, to consider
amending Chapter 202 of the Municipal Code, entitled"Public Improvements".
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
A. Senator Steve Novak Legislative Wrap Up.
er
B. Resolution#5356 Regarding Council Approval By-Lawsarticipate CallfooBoard
f the
Anoka County-Blaine Airport Advisory Commission
Applicants.
C. Right of Way Ordinance#635, Continuation of Second Reading.
1. Approval.
2. Action.
3. Roll Call/Vote: Marty,Thomason, Quick, Stigney, Coughlin
Page Three
City Council Agenda
August 9, 1999
D. Consideration of Resolution No. 5357 Adopting Streets Committee
Recommendations for Future Reconstruction Projects.
E. Resolution#5355, Approving/Denying Action for the Pleasant View Drive/TH 10
Signal Survey.
F. Request to reconsider Resolution 5349, a Resolution approved on July 26, 1999 to
allow for an automobile rental facility to operate at 1975 Highway 10.
G. Consideration of Resolution No 5359 Accepting Jurisdictional Transfer of
Ramsey County Road I.
H. Consideration of Resolution No. 5192,Revoking a Municipal State Aid Street.
11. Next Council Work Session: Monday,August 23, 1999 -4:30 to 7:00 P.M.
Next Council Meeting: Monday,August 23, 1999 -7:00 P.M.
12. ADJOURNMENT
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I//I
CITY OF MOUNDS VIEW
MEETING MINUTES
MONDAY,JULY 26, 1999
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Coughlin, Stigney, Quick, and Thomason.
NOT PRESENT: Marty.
3. APPROVAL OF AGENDA
A. Monday, July 26, 1999 City Council Agenda
Mayor Coughlin asked the Council if anyone would like to add items to the agenda.
No additional items were considered.
MOTION/SECOND: Stigney/Quick. To accept the July 26, 1999 City Council agenda as presented.
Ayes - 4 Nays - 0 Motion carried.
4. APPROVAL OF MINUTES
A. Monday,July 12, 1999 City Council Minutes
MOTION/SECOND: Stigney/Thomason. To accept the July 12, 1999 City Council minutes as
presented.
Ayes—4 Nays—0 Motion carried.
5. SPECIAL ORDER OF BUSINESS
None.
6. REPORTS
Council Member Quick had no report.
Mayor Coughlin reported he had attended the Highway 610 Corridor Coalition, where he and other
Mayors spoke regarding the project. He stated that the new highway would be opening very soon,
and that a stretch from Highway 118, truncating at Highway 65 and extending to Highway 10 had
been completed. He stated that he had attended the ribbon cutting ceremony for the new highway,
and had spoken with many of the people associated with the project.
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Mayor Coughlin reported he had attended the Council Retreat on Thursday. He stated group
facilitator Carl Neu was also in attendance, and that discussion was held in regard to the budget
priorities.
Council Member Thomason had no report.
Council Member Stigney reported he had attended the July 21 Planning Commission Meeting where
discussion was held in regard to several items presently before the Council. He stated these included
a proposal by Thrifty Car Rental to operate a rental business at the former Quik Lube Site, a
resolution recommending approval of a conditional use permit for an oversized Garage at 8059 Red
Oak Drive, and a resolution recommending approval of a conditional use permit for the Holiday
Stationstore to operate an outdoor produce stand. Council Member Stigney stated that there was
discussion of the MSP Real Estate application to develop an assisted living facility behind the
SuperAmerica station. He noted that some parking issues were still unresolved in this matter, and
discussion is continuing. He stated that there was also continuing discussion of an ordinance
pertaining to billboards in the PF and CRP Zoning Districts.
City Administrator Whiting reported he had also attended the Highway 610 Corridor Coalition, one
hour after the first traffic accident on the new highway. He reported that Housing Inspector Steve
Dorgan had given his resignation that date, and would be relocating to Minneapolis to assist in their
Housing and Community Development Department. He suggested the Council discuss the means
of replacing Mr. Dorgan later that week.
Mayor Coughlin stated that he had become acquainted with Inspector Dorgan through their mutual
background in home renovation and construction, and that he was a great asset to the City, and
would be missed.
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.
Mayor Coughlin stated Item B, regarding laptop computers, was in consideration of providing
Council Members the opportunity to exchange information with their constituents. He added, it was
hoped in the near future, such items as the past and present City Council minutes would be available
on computer, to provide information to the people in a timely manner.
Mayor Coughlin asked the Council if anyone would like to remove items for discussion.
Council Member Stigney inquired, in light of the wide range in laptop computer costs, if staff was
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reviewing what features the Council would require.
Mayor Coughlin stated he believed this matter was being researched, and that the$2,500 figure
was based upon the cost of all of the hardware necessary to connect the computers to City Hall,
as well as the modems, routing features and software.
MOTION/SECOND: Quick/Thomason To approve the Consent Agenda for items A, B, and C
as listed above.
Ayes—4 Nays—0 Motion carried.
8. UNFINISHED BUSINESS
None.
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
David Jahnke, 8428 Eastwood Road, stated that the last time he attended the Council meeting
he had challenged the large raise they were considering for the Assistant to the City
Administrator. He stated that he was concerned that the City was not hiring the right people, and
explained that, after reviewing Ms. Schmidt's qualifications, he found that she was qualified to
be the City Administrator. He stated, in his opinion, the City should not hire two people with the
qualifications of Administrator. He stated that he was concerned that the City might be getting
further into debt. He went on to ask if the City of Mounds View was currently fifteen to
seventeen billion dollars in debt.
Mayor Coughlin stated that he would defer to the Finance Director regarding the City's financial
standing. He stated the City had various bonds,both in the TIF District, and some of the City's
own financial obligations, such as the golf course. He explained,however, that these were
separate from the funds utilized for City employee's salaries.
Richard Oman, 8205 Groveland Road, stated that he had watched the Work Session that
evening on cable, and added that he thought the cable broadcasting of the meetings was a good
idea. He stated that his understanding was that the City's TIF fund was approximately 23
percent of the tax capacity,which was, in his opinion, way too high. He stated that this is two to
three times that of other cities,who had approximately 6 to 8 percent of their tax capacity in TIF
funds, and that some cities have no TIF at all. He stated that he believed the result has been,
throughout the time that TIF has been utilized in the City, the NSP franchise fee,the streetlight
utilities, the water meter charge,the surface water management charge, and the fact that the City
has no road maintenance funds available. He stated that this has also denied the citizens of the
City various things, one of particular interest to him, is pedestrian and bike trails. He stated that
neighboring cities have bike and pedestrian trails which all end when they reach Mounds View.
He stated that he believed this was related to the practice of having goal setting sessions with an
imported facilitator. He stated that he thought this practice isolated the Council from the input of
the citizens. He suggested that they log and group the citizen comments, and utilize those for
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their goal setting sessions. He requested the Council"visualize themselves and the citizens
seated on one side of the table, and staff, developers, and any other person who is not a resident
or voter of the City, on the other side of the table, and to govern with the citizens in mind."
Mayor Coughlin stated that TIF is merely a tool. He provided an analogy it is "like a hammer--
you can hammer nails, or you can hammer your thumb, and it depends upon what you utilize it
for." He stated that the Council had posted information on the wall of Council Chambers which
included some of the items they had discussed at the Council Retreat. He explained that this
was, essentially, to set TIF policy, and to set a goal for the funds becoming available in regard to
those districts.
Mayor Coughlin encouraged Mr. Oman to attend the Parks and Recreation Commission meeting
at 6:30 p.m., the following Wednesday, adding that he would also be in attendance. He stated
that they are slowly but surely adding trails to the City of Mounds View. He stated that the
Council had just authorized an expenditure of funds for a trail to extend from Fridley, along
County Road I, to Silver Lake Road. He stated that due to budget priorities,this issue had not
been as actively addressed in the past few years. He stated that there was a fair amount of money
set aside for the Park and Recreation Commission in park dedication fees, and that some of those
funds have come available, and would be utilized in that particular manner.
Mayor Coughlin stated that the elected members of the Council utilize the facilitator as a guide,
and that the Council can accept or reject the facilitator's advisement, adding that he simply
someone who assists them in focusing the discussion. He stated Carl Neu is very well known in
facilitating circles, and the reason he has been brought in, is because he has history with the City
of Mounds View, with present and prior Councils. He stated Mr. Neu is not a stranger, and he
understands the dynamics of the City.
Mayor Coughlin stated that seven and a half months ago, he was seated with the residents and a
year and a half from now, he probably would be again, either by his will or someone else's. He
stated that the reason time is set aside at the Council Meeting for resident's comments, is to gain
public input. He stated that all of the Council Members can be reached via voice-mail, and that
his E-mail address is printed in the Mounds View Matters. He stated that residents contact him
on a daily basis and provide their input.
Jerry Linke, 2310 Knoll Drive, stated that he agreed wholeheartedly regarding the services of
Mr.Neu. He stated that he was not only knowledgeable of the City of Mounds View, but many
of the communities within the metropolitan area as well, and that he could offer the perspective
of the entire area. He stated that utilizing him for that service was one of the best things the
Council could do.
Mr. Linke stated that two weeks prior, the City of Mounds View held their Festival in the Park,
and that he had spent Saturday and Sunday selling bratwursts at the Mounds View Lions booth
during that event. He stated that it was very evident to him, and many of the residents, that the
Council was not there. He noted there was a parade, dance, and an all day event on Sunday, and
the Council was not present. He stated senior staff did not attend either, and added this was the
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first time in approximately 15 years of his involvement that this had happened.
Mayor Coughlin stated that he did not dance. He stated he had grown up in a strict religious
background, and it was something that was highly touted. He stated his eight-week old daughter
had been having some difficulties, and he had spent a fair amount of time putting God first,
family second, and City third. He stated,between trips to the drugstore, he did manage to stop in
at the Festival, and had extended his appreciation to the Committee Members who planned the
event, at the last Council Meeting. He stated that he and Council Member Thomason had
attended the fireworks display. He stated that,being a rather private person,he preferred not to
participate in the parade, but did see it from a distance.
Mr. Linke stated that he was approached by many residents who wondered where the Council
Members were. He added that staff and the State Senator did not in attend the festival either. He
noted that State Representative Haake had attended, and had spent a great deal of time assisting
at the Lion's booth, and took advantage of the opportunity to talk with the residents. He stated
he felt it was a great opportunity that was missed.
Mayor Coughlin stated that the Council might have made other plans, or been out of town at that
time. He stated he was aware that one of the Council Members was out of town on a vacation,
which was planned many months in advance.
City Administrator Whiting stated that, although he was not able to attend the entire festival, he
was there on Sunday afternoon, and did see the parade. He stated that from his perspective,
particularly in light of the temporary relocation of the event due to the current construction
project at City Hall, the people who planned the event did a very good job in accommodating the
crowd. He added that he wished he could have been there for more of it.
Council Member Stigney stated that he was not available to participate in the festival this year.
However, in previous years he has participated in the parade with his classic car, and attended the
festivals, and has even had some of their brats, and thought they were great. He added that he
also had some of the beer. He stated that usually people don't talk to him about Council business
at this event.
Mr. Linke stated that Council Member Stigney's absence was well noted, as he usually did attend
that festival. He reiterated that the opportunity was there to speak to the residents. He stated that
if the Council Members were there, it gave people the opportunity to walk up and talk to them.
Council Member Stigney stated that he was not there to make"political hay," as he is really not a
politician. He noted that he did see the fireworks, and commented that they were great, as they
always are.
There were no further requests or comments from the floor.
10. COUNCIL BUSINESS
A. Public Hearing and Consideration of Resolution 5348, a resolution
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contemplating the issuance of a conditional use permit for an over-sized garage
at 8059 Red Oak Drive.
Mayor Coughlin opened the Public Hearing at 7:33 p.m.
Planning Associate Ericson stated that the applicants, Allen and Joy Dick were requesting a
conditional use permit for an oversized garage at 8059 Red Oak Drive which is located north of
Highway 10, between Hillview and Sherwood Roads. He stated that staff had inspected the
property, and that all of the dimensional requirements would be met with the proposal. He stated
that the property is well shielded from the neighboring properties,the property to the rear, and from
the street. He stated that the addition would be located to the rear of the garage, and would not make
a noticeable impact to the property
Ericson stated that the Planning Commission heard this request at its meeting on July 21, 1999 and
after some discussion concerning the request,unanimously approved Resolution 588-99,a resolution
recommending City Council approval of the conditional use permit with stipulations. The
stipulations indicate that the conditional use permit will be recorded with Ramsey County,the garage
will not be used for living space, or for other uses not allowed in the district, the garage shall be
designed and maintained to provide a uniform appearance with the house, and all vehicles parked
at the property shall be either parked on the driveway, improved surface of the lot, or in the garage.
He stated the existing shed on the lot would be moved to maintain a minimum six-foot setback from
the lot, and a five-foot setback from the property line.
The applicant was present.
Mayor Coughlin closed the Public Hearing at 7:35 p.m.
MOTION/SECOND: Quick/Stigney. To Approve Resolution No. 5348, a Resolution Approving a
Conditional Use Permit for an Oversized Garage at 8059 Red Oak Drive; Mounds View Planning
Case No. 552-99,with stipulations.
Ayes—4 Nays—0 Motion carried.
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.
Mayor Coughlin opened the Public Hearing at 7:35 p.m.
Planning Associate Ericson stated that 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, located at 2975 Highway 10. He stated that the applicant plans on expanding the parking
lot to accommodate extra vehicles, and with the expanded site plan, the lot could accommodate
up to 23 vehicles. He stated that the applicant has agreed that no more than 23 vehicles would be
parked on the site.
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Ericson stated that the applicant has requested, as an accessory to the principal rental operation,
they be allowed to sell rental vehicles from the site as well. He explained that this type of
accessory use is allowed in this district, so long as it does not encompass more than thirty percent
of the gross floor area of the business, which, in this case would translate to three vehicles. He
stated that both the resolution before the Council and that approved by the Planning Commission
contain the limitation that no more than three vehicles on the lot be for sale at one time.
Ericson stated, at the Planning Commission level,there was some question regarding signage.
He stated the applicant had requested permanent signage to advertise vehicles for sale, and that
staff and the Planning Commission had recommended against that, given that auto sales have
their own specific set of criteria and zoning considerations. He stated that this site could not
accommodate a use strictly for the sale of automobiles, and therefore, it was believed that any
type of advertising would go against the grain of the Zoning Code. He stated that it was
determined that any exterior signage would not be allowed. He stated that signage within a
vehicle would be allowed.
Ericson stated that the conditional use permit requirements for this particular use,had been reviewed
by staff and the Planning Commission, and all of these requirements have been met and satisfied.
He added the general requirements,which are present with any conditional use permit have also been
met to the satisfaction of the Code.
Ericson stated the applicant has indicated his desire to upgrade the landscaping on the site. He stated
the City Forester was at the site that date, and had recommended that some additional plantings
could be installed, however, in regard to the untended plantings already on site, he recommended
that they might be trimmed back and cared for,rather than removed. Ericson stated that there were
no specific requirements in regard to landscaping, other than those of the conditional use permit,
which indicate that they upgrade it to the satisfaction of staff and the City Forester.
Ericson provided an overview of the stipulations associated with this particular use. These include
the hours of operation,the issue of signage and the number of vehicles on the lot for sale at any time.
In addition,no more than twenty-three vehicles will be allowed on the site pursuant to the revised
site plan, the service of vehicles will be limited to those vehicles owned by the business, and the
applicant will make the recommended landscaping improvements. Ericson stated that, as with the
previous request,the conditional use permit shall be recorded with Ramsey County. He stated that
Page 5 of the resolution, contains a second clause which states all other conditional use permits on
file with the subject property pertaining to previous uses shall be"revoked,rescinded and considered
null and void," as the provisions pertaining to those uses are no longer being observed.
Ericson stated that the Planning Commission heard this request at their July 7 and July 21
meetings. He stated after some discussion concerning the use, and the potential impacts to the
neighborhood, they approved a resolution recommending to the City Council that this
conditional use permit request be approved,with stipulations that have been carried forward into
the Council resolution.
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The applicant was not present.
Julie Olson, 2663 Lake Court Circle inquired regarding the proposed hours of operation.
Ericson stated that the hours of operation would not exceed 7:00 a.m. to 9:00 p.m.,Monday
through Friday, 9:00 a.m. to 9:00 p.m. on Saturdays, and 10:00 a.m. to 4:00 p.m. on Sundays. He
stated the applicant expects to operate within that time frame, and possibly not to those limits.
He noted that the applicant does not anticipate being open for business on Sundays during the
winter and off-peak months.
Ms. Olson inquired regarding the sales aspect of the business, and the possible conflict created
by Sunday operation. Mayor Coughlin stated that the applicant indicated that customers could
look at a vehicle, but would not be able to purchase a vehicle on Sunday. He explained that this
would have to be done during the weekdays, and that an actual sale transaction could only be
made at their main facility in Bloomington.
Ms. Olson noted that some rental facilities have large trucks on site for rent, and asked if this
would be the case at the proposed site. Ericson stated the applicant had indicated they might
have one or two Isuzu box trucks,no longer than an extended minivan, on-site at the end of the
month in order to accommodate moves,but nothing larger than that.
Mayor Coughlin closed the Public Hearing at 7:45 p.m.
Council Member Quick stated that he would act upon the matter contingent upon the City
Administrator and City Forester's approval of the landscape plan. Council Member Stigney
added that this would be a good idea, in light of the problems with the previous owner.
Council Member Stigney stated the applicant had implied this operation was only car rentals,
when in fact, it was the rental and sale of rental vehicles, cars, vans, and light-duty trucks. He
stated that there is a large panel truck for moving purposes at the applicant's current location,the
Montgomery Wards store in Blaine, and that he would not like to see that large a truck at the
proposed site. He stated that he would include a stipulation to indicate that there would be no
panel trucks, trailers, or recreational vehicles at the location.
Council Member Stigney stated another issue of concern was in regard to signage. He stated that
exterior signage was restricted, however, interior signage was acceptable. He stated that there
was no size restriction on the interior signage, and that he would be opposed to large,
conspicuous advertisements painted in the windows. He stated that if they were to allow interior
signage, it should be stipulated that it be limited to a one and one half square foot sign.
Council Member Stigney stated a concern regarding the sale of vehicles at the site, explaining
that originally the applicant had stated that customers would inquire regarding a vehicle for sale,
and it would then be brought up from the main location in Bloomington. He stated, at this point,
the applicant requests to have three cars for sale on-site,which indicates to him that they are all
for sale. He added that many rental facilities do not have on-site sale of vehicles. He requested
further discussion of the matter.
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Mayor Coughlin stated that he felt it reasonable to have three vehicles for sale at any one time.
He stated that the applicant indicated he did not anticipate there would be very many times when
there would be three vehicles for sale on the lot. He added that even if they had three vehicles for
sale all of the time,he saw it as a function of the business, and that he would rather see the
facility operating and being maintained, than to have it remain vacant and deteriorate.
Council Member Thomason inquired what safeguards were in place to insure that there would be
no more than three vehicles for sale at one time. Mayor Coughlin stated that this would be in
violation of the conditional use permit. Ericson stated that this was correct, and if it was
determined that the applicant had more than three vehicles for sale, the conditional use permit
would be brought back before the Council. He explained that there was no way to prevent the
applicant from not disclosing which of the three vehicles are for sale,but this was something that
staff would monitor to insure that they were operating within the restrictions of the conditional
use permit.
MOTION/SECOND: Quick/Thomason. To Approve Resolution No. 5349, a 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,with Stipulations that the City
Administrator and City Forester Make Final Approval of the Landscaping Plan,No Panel
Trucks, Trailers, or Recreational Vehicles shall be Allowed On-site, and Interior Signage shall be
Limited to Equal or Less Than One and One-half Square Feet.
Ayes—4 Nays—0 Motion carried.
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.
Mayor Coughlin opened the Public Hearing at 7:54 p.m.
Planning Associate Ericson stated that 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. The
applicant is requesting that they be allowed to operate from July through October of this year and
years thereafter. The produce stand is planned to be open from dawn to dusk, seven days a week.
He stated the applicant is requesting the opportunity to operate in subsequent years with the same
type of conditional use permit as was approved for Linder's and Merryville Farm Market.
Ericson stated the conditional use permit limits this type of use to no more than thirty percent of
the square footage of the gross floor area of the building. He stated staff had determined this to
be approximately two percent of the space, and that the applicant is well within this requirement.
Ericson stated staff sent notifications to properties within 350 feet of the proposed site, and
received no feedback, other than two comments that it would be a good addition to the City. He
stated staff has reviewed the conditional use permit criteria for this specific use as well as the
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general requirements, and staff and the Planning Commission feels that this proposal satisfies all
of the requirement.
Ericson stated the conditional use permit is drafted in such a way so that future appearances
before the Planning Commission and City Council are not required. He explained that it would
remain in effect indefinitely so long as there are no changes to the operation and the applicant
resubmits a letter of intent and site plan to the City Administrator or Community Development
Director on an annual basis. He noted the conditional use permit provides a requirement that the
applicant must come back before the Planning Commission or City Council if there are any
problems or complaints associated with the business.
Ericson reviewed the stipulations contained in the resolution for approval. He stated the hours of
operation will be from dawn to dusk,the signage will be allowed only as affixed to the stand or
the tent,the lighting will be provided by the existing lighting, and the conditional use permit will
be reviewed by the City Council or Planning Commission if there are any problems regarding the
operation.
The applicant was present.
Ralph Durand,the applicant's father, stated that they had anticipated placing signage upon the
grassy area to advertise their produce, and requested clarification regarding the signage
requirements. Ericson stated that it was the Planning Commission's intention that the only
signage allowed be either affixed to the stand or the tent itself. He stated that temporary sign
permits can be applied for,which are 21 days in duration, and the property owner is limited to
three of these in one year. He stated that these were the same conditions that are placed on the
Linder's and Merryville Farm Market operations.
David Jahnke, 8428 Eastwood Road, stated he was concerned that this might turn into a flea
market type situation. Ericson stated the area utilized for this use would be a twelve by twelve-
foot square structure, and the conditional use permit limited the sales to produce only.
Perry Corzinowski, 7750 Silver Lake Road, stated that he was the caretaker at that location and
that he was speaking on behalf of several of the tenants in that building who were experiencing
problems regarding the noise levels at the Holiday Stationstore. He stated that they had
attempted to resolve the matter with the management of the store, who did not appear to be
interested. He stated that they were concerned that the proposed produce stand would cause
further disruption
Mr. Durand stated that he was not aware of the noise problem, and that he would like the
opportunity to discuss the matter with Mr. Corzinowski. He stated that the produce stand was
expected to operate between the hours of 10:00 a.m. to 7:00 p.m., and that he could not anticipate
how the operation might result in additional noise. He requested clarification of the noise
problem.
Ms. stated that the noise resulted from people talking over the intercom system and
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playing music all night long. Mr. Corzinowski reiterated that the tenants felt the produce stand
would cause further disruption and did not want it there.
Mr. Durand stated that they wanted to be a good neighbor, and would be happy to sit down and
discuss whatever problems they might be creating, and he was certain that they could resolve
them.
Mayor Coughlin stated that the matter presently before the Council was a separate issue. He
suggested that the applicant and tenants exchange telephone numbers and attempt to resolve the
problem. He added that, if necessary, staff would assist in facilitating and mediating the
discussion.
John Muller, 7750 Silver Lake Road, stated, as the previous manager of the apartment building
at that location, he had gone through much difficulty to attempt to erect a sign in front of the
building. He stated that, as they were not permitted to do this,he did not think the applicant
should be allowed to place signs all over the site, and that he thought it would look gaudy. He
stated the extra traffic and noise would cause further problems, adding that it was already bad
enough.
Ms. Olson asked if the conditional use permit would be ongoing, or if it would be requested
every year. Mayor Coughlin stated that it would be renewed automatically, unless it was the
Council's desire to do otherwise or the applicant was in violation of the conditional use permit,
which would require it come back before the Council.
Ms. Olson inquired regarding the duration of the operation. Ericson stated that the applicant was
requesting to operate between July 1 and October 31. Ms. Olson requested clarification of the
structure, and its location upon the site. Ericson stated that the applicant was proposing to place
it at the north corner of the lot, at the intersection of Silver Lake Road and Highway 10,near the
existing Holiday sign. He stated that the structure would be some type of tent,with folding
tables underneath the tent. He stated that this would just be a simple enclosure. He added that
the City had an easement at that location, on which to place a gateway monument marker, and in
the event that the City decided to go forward with that project, the applicant would re-locate the
stand elsewhere on the site.
Ms. Olson requested, in light of its visibility from the highway,the Council consider a different
type of structure, or other placement on the site.
Mayor Coughlin closed the Public Hearing at 8:10 p.m.
Council Member Stigney stated that this item had been discussed thoroughly by the Planning
Commission, and that as long as the structure was aesthetically pleasing, and there were no
problems associated with the operation he had was in favor of it. He stated that, as a function of
the conditional use permit, these matters, as well as the noise and traffic issues, could come back
before the Council at any time.
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MOTION/SECOND: Quick/Stigney. To Waive the Reading and Adopt Resolution No. 5352, a
Resolution Approving of a Conditional Use Permit for Outdoor Produce Sales at Holiday
Stationstore, Requested by Chuck Durand; Planning Case No. 564-99.
Ayes—4 Nays—0 Motion carried.
D. Suspension of Waste Management of Blaine Hauling License.
Director of Public Works Ulrich stated this item was addressed in the staff report written by
Tracy Juell, the Administrative Assistant for the Public Works Department,. He read the report
as follows:
The City of Mounds View funds all of the recycling programs, i.e. (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, subdivision 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.
Staff recommends that Waste Management of Blaine's hauling license be suspended, 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.
Mayor Coughlin inquired if the fees were derived from the City Code. Director of Public Works
Ulrich stated they were. He explained that the matter had been brought to the attention of the acting
Chief of Police,who reviewed the administrative ordinances and identified this as a misdemeanor,
which can carry a $700 fine and ninety-days in jail. He stated that last year, they had the same
problem with this particular hauler,and when the Administrative Assistant indicated that they would
recommend suspension of their license, the reports were faxed within an hour. He stated that
numerous attempts had been made to resolve the matter at this time.
City Attorney Long stated the suspension of the license is allowed by the Code, however, Section
603.06 Subdivision 1H of that Code requires the hauler be given reasonable notice and an
opportunity to be heard. He suggested that they set a noticed hearing for the suspension at the next
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Council Meeting. He explained that staff could still issue the citation for the administrative
penalties,but the actual revocation and suspension would be handled separately with a hearing and
a notice.
Mayor Coughlin stated that they were presently in violation, and that he would entertain a motion
to apply a citation of$700.00 as a fine for non-compliance with the City Code, and send a written
notice, and have an official hearing of the matter at the next Council Meeting.
Council Member Stigney inquired regarding the time frame involved in revoking the license,noting
that people being serviced by the hauler at this time, would require service from another provider.
City Attorney Long stated that once the notice of the hearing is given, they can revoke the license
and set an effective date to allow time for alternative service.
MOTION/SECOND: Coughlin/Stigney. To Impose a Citation in the Amount of$700, and to Set an
Official Public Hearing to Revoke or Suspend the License of Waste Management of Blaine at the
August 12, 1999 City Council Meeting.
Ayes—4 Nays—0 Motion carried.
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.
Community Development Director Jopke stated the first reading of Ordinance 632, which expands
the list of permitted uses within the B-2 district to include educational facilities, was held on July
12, 1999. He stated, at that 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,
and that staff had incorporated this language change into the ordinance which was before the Council
for consideration.
MOTION/SECOND: Stigney/Thomason. To Waive the Reading and Approve the Second Reading
of Ordinance No. 632, 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.
Ayes—4 Nays—0 Motion carried.
F. Right of Way Ordinance.
Attorney Jim Strummond of Kennedy and Graven stated that he was requested to speak regarding
the right-of-way ordinance,presently before the Council. He stated that this ordinance was quite
complicated, however, state and federal statutes, as well as the Public Utilities Commission Rules
require a comprehensive ordinance for cities that have, and will have an increasing demand for the
use of rights-of-way for utilities. He stated that the version before the Council was a model prepared
by the League of Minnesota Cities. He stated that he had recently met with Harold Bagley, Senior
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Attorney for Northern States Power,who provided additional comments regarding the right-of-way
Ordinance, and that he had also received a comment from Reliant Energy Minnegasco. He stated
he had spoken to Tom Gruenhoffer from the League of Minnesota Cities regarding those issues. He
explained that,in light of the late date he was able to meet with Attorney Bagley, and that the matter
was not being considered for adoption at this time, he would expect to make minor changes to the
ordinance prior to approval by Council at a later date. He stated that he was available to provide
information regarding any aspect of the right-of-way Ordinance that the Council may have.
City Administrator Whiting explained that the Council had thought Attorney Strummond would be
providing copies of the final draft of the ordinance for their review. City Attorney Long stated that
the Council might continue the second reading of the matter until the August second Work Session,
to incorporate the comments of Northern States Power and Reliant Energy Minnegasco, and outline
any potential changes to the ordinance. Attorney Strummond noted that this was a very involved
and comprehensive right-of-way ordinance, with a number of important issues to address at this
time, and that he thought this could be accomplished by that date. He stated that the issues relate
to Certificate of Insurance, incorporating indemnity, requiring Certificates of Authority to do
business,relocation from one side of the right-of-way to another and some of the language as relates
to the rules, in consideration of conforming the language to the rules and statutes. He added that he
believed there would be a fair amount of review of these issues in the future, and the possibility of
litigation in this regard, and that they were attempting to avoid that as much as possible with the
ordinance.
Mayor Coughlin stated that one of Northern States Power's questions was in regard to the
requirement of underground, and inquired if there was further information in that regard. Attorney
Strummond stated that they had discussed the matter, and were not in agreement. He explained that
he felt the City has the authority, either by statute or a separate ordinance,to require undergrounding
to the extent they feel appropriate. He stated, after a recent court appeals case,the law is clear that
the City has the authority to require undergrounding and the City need not pay the additional cost,
which must be recovered by NSP and the rate bearers. He stated that he believed the Council had
reviewed a separate ordinance that would clarify the undergrounding rights, as the City would like
to exercise them.
Council Member Stigney stated the attorneys and representatives of Reliant Energy Minnegasco and
Northern States Power had indicated that they had numerous questions and concerns regarding the
issues at the prior meeting. He stated that they should have sufficient time to address these issues.
Attorney Strummond explained that there was more than sufficient due process allowed in this
matter, and in his opinion, complete agreement in regard to the issues of the ordinance would be
unlikely. He stated that they would recommend the strongest possible right-of-way ordinance for
the City,without unnecessarily extending beyond its authority.
City Attorney Long stated that Attorney Strummond would take the lead, and they would have the
amended version of the ordinance for hearing at the next Council Work Session on August 2. He
added that,if the Council had any policy direction concerning the issues,it could be addressed at that
point.
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Mayor Coughlin stated that it was the consensus of the Council to continue the matter until the
August 2, 1999 City Council Work Session.
G. Review of TIF Parcel Decertification.
Mayor Coughlin stated this item was discussed at the previous Council Retreat, and at that time,
Council Member Marty had requested that the matter be postponed until the August 2, 1999 City
Council Work Session.
MOTION/SECOND: Quick/Coughlin. To Table the Discussion Until the August 2, 1999 Council
Work Session.
Ayes—4 Nays—0 Motion carried.
H. Review of Charter Commission correction.
City Administrator Whiting stated that he and the Charter Commission Chair, Julie Olson, had
discussed a matter originating a few years ago,in regard to whether or not a provision for term limits
belonged in the Charter. He stated that, pursuant to discussion at that time, the matter had been
reviewed by legal counsel, in terms of the court ruling which considered term limits to be
unconstitutional, and that the Charters were not printed with that provision in them. He noted that
the Secretary of State's Office had been notified that this provision was to be included in the Charter,
which resulted in some confusion as to whether or not to put that provision back into the Charter or
whether it should have been there all along. He stated that it appeared to have been assessed that the
provision belonged in the Charter, and the reason that he requested the matter be brought forward
to the Council,was to provide public acknowledgment, should it be determined that the Charter be
changed. He stated there was concern regarding having an item in the Charter, which is not
considered to be constitutional, and how to inform the residents of that.
City Attorney Long stated that in November of 1994,when the measure was originally adopted, the
Supreme Court had not made their ruling,and it was his understanding that after the vote was tallied,
there was nothing legally preventing the results from being certified,which they were. He stated,
after that time, the Court did rule in the case of the Minneapolis Term Limits Coalition vs. Keith,
which struck down the Charter provision in Minneapolis, a provision exactly the same as that of the
City of Mounds View. He stated that this ruling declared that City Charters could not be amended
to include term limits as that was in conflict with the State Constitution. He stated that, after the
Supreme Court Ruling, the question arose regarding putting the Charter out with this new
amendment in it. He stated that they had written an opinion stating that, given the unconstitutional
ruling,it might potentially raise other conflicts and expenditures of public funds,in regard to putting
measures on ballots to print charters and code, and could be seen as an improper expenditure of
public dollars. He stated that, at that time, they advised not to create a new set of charters with the
provision,which was considered unconstitutional,thinking that the provision would be disposed of
procedurally. He stated that what he was not aware of at the time, was that some Charters had
incorporated those changes. He stated that when the question was posed to him,he thought that the
matter should be clarified. He stated that when a state law is passed, and then struck down in the
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interim, often the legislature will come back and try to amend it to make it constitutional, or they
leave it alone, and the reviser adds a provision to their bill repealing the unconstitutional provision,
so that it disappears a year later. He added that if they do not have a repealor bill,they might include
a footnote indicating that the statute has been ruled unconstitutional, so as to prevent confusion. He
recommended that the Charter Commission initiate a provision to remove the unconstitutional
provision, with the Council voting on the ruling, which would probably be the cleanest way to
accomplish this. He stated that another option would be to reprint the Charter with the footnote
identifying the provision as having been ruled unconstitutional, and that this could be done
simultaneously with the printing of the next round of ordinances. He stated that either way, they
should attempt to remove the provision from the books, as any attempt to enforce it would place
them in court.
Bill Dody, 3049 Bronson Drive, Chair of the original Charter Commission, stated that the Charter
is the City's constitution. He stated that the citizenry of Mounds View went to the Charter after
conducting a study regarding a 6.5 million-dollar storm sewer in Mounds View, which became an
issue of actual abuse. He stated that the citizenry conducted a study to determine what would was
best for the City. He stated that Mounds View is a statutory City, and they found out this meant they
elected a City Council,and under statutory law,the Council could do whatever they pleased,and that
there was abuse of that power. He stated that the Charter was the result of the citizenry reaction.
He stated that the Charter Commission is a body appointed by the court,to look into the matters that
the State Statute did not provide, so that the citizenry can react. He stated that this is what happened
in regard to the issue of term limits. He inquired if the State Supreme Court ruling regarding the
unconstitutionality of term limits was specific in the State Constitution, or if it was an amendment
to the State Constitution.
City Attorney Long stated that he would provide a copy of the Minneapolis Term Limits Coalition
vs. Keith case,which interprets a provision of the State Constitution which has the State Legislature
setting eligibility and qualifications for office. He stated that the State Constitution was specific on
the issue of qualifications for office, and what was determined by the Supreme Court in this case,
was that you could not amend the City Charter to include term limits,as the State Constitution is the
supreme document.
Mr. Dody asked if this was specifically stated in the State Constitution, or if the ruling was based
upon interpretation. City Attorney Long stated the State Constitution sets the qualifications for
office, and the City is bound by the Supreme Court ruling. Mr. Dody stated that when there is a
question of interpretation,the matter could go to the next court. He stated that other cities in other
states have instituted term limits which indicates they are legal,however, interpreted under the State
Supreme Court Ruling. He stated that, in fact, the Federal Supreme Court has ruled term limits to
be constitutional. He stated that it is a question, and therefore could go to a higher court for
determination. He stated that the reason for having a Charter is so that the citizenry can react. He
added that the right of the citizenry reaction is a form in the Constitution.
Mayor Coughlin stated that Mr.Dody had been granted five minutes to speak,and requested he yield
the floor. He explained, as the Charter Commission Chair can attest, the Charter states that the
Council has to give a reasonable amount of time, and that the three-minute rule had been observed
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for many years. He stated that the reason for this is not to limit debate,but to provide the Council
a reasonable amount of time for consideration of the issues, and that they not be required to make
decisions at a very late hour.
Council Member Stigney stated that he was also a Member of the Charter Commission, and
requested, in light of the importance of this issue, moved that the Council extend the time allotted
Mr.Dody by and additional three to five minutes to complete his comments. Mayor Coughlin stated
that he would request that this extension be applied to all residents present.
Council Member Stigney agreed.
Mayor Coughlin stated that he would second the motion for the purpose of discussion, and the
reason he would not support it was that they either stand by the rules or they don't. He stated that
he had already flexed the rules to accommodate Mr. Dody's comments. He added that an
assumption had been implied that because of this rule,they did not want to entertain the discussion,
and that this was not the case.
Ms. Olson stated that she would like to offer a compromise to the situation,requesting the Council
make the recommendation to add this matter to the next Council Agenda in a similar form as that
of a conditional use permit request. She stated that this would allow the Charter Commission as
much time for discussion as the Members required. Mayor Coughlin stated that the matter was on
the Council Agenda at that time, and added that if the Council was perceived as not listening,they
could be thrown out of office.
MOTION/SECOND: Quick/Coughlin: To Call Off the Debate and Call for a Vote.
Ayes—3 Nays— 1 (Stigney) Motion carried.
MOTION/SECOND: Stigney/Coughlin: To Extend the Time Allotted to Any and All Persons
Present to an Additional Three to Five Minutes for Their Comments.
Ayes— 1 Nays—3 (Coughlin, Quick, Thomason) Motion failed.
Julie Olson, Chair of the Charter Commission, asked that she been faxed a letter written by City
Attorney Long,in regard to some potential alternatives as suggestions. She stated that City Attorney
Long did not know where the previously copied Charters originated. She stated that in reviewing
the documentation on behalf of the Charter Commission and the citizens, it was very clear that the
copies came from the City. She stated that this letter also contained an attachment, which was
forwarded to the attorney from the League of Minnesota Cities. She stated that prior to the matter
going to the citizens,the alternatives were clearly stated that if they chose to bring the matter to a
ballot, and it was passed, the end result would be that it would become part of the Charter. She
stated that the City Administration,the City Attorney or City Council does not have the right to state
that the provision does not have the right to be in the Charter. She stated that is the right of the
citizens. She stated the neither City staff or City Council can make a codicil to the Charter. She
stated they can request that happen, and put a recommendation to the Charter Commission,but they
can not do that themselves, or omit the term limit provision from being in the Charter. She stated
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that the matter has gone to higher courts in other cities in other states, and has gone through the
House and Senate of Minnesota. She stated that it was passed at the House, which determined that
term limits were acceptable. She stated that the matter was going to the next level because it had
been passed for three of the four cities that requested it.
Planning Commissioner Laube stated that he was a member of the Mounds View Charter
Commission, and that there were several concerns which required clarification. He stated that the
United States Constitution has to be ratified by the State and the courts, and does not allow the
Congress to admit any codicils. He stated that the citizens of Mounds View ratified'this Charter, and
asked what right the City had to add anything to it. He stated that he was not doubting City Attorney
Long's abilities, but explained that he is the City's Attorney. He stated that the Charter provided
monies for the purpose of retaining their own legal counsel, and that he felt the City Council should
allot them money so that they can retain a charter attorney to advise them in this matter. He added
that he believed term limits would be approved by the State of Minnesota in the future, and therefore
felt that if the Charter Commission chose to leave this provision in the Charter, it was their right and
the citizen's right to approve it. He stated that it was not the right of the City Council, adding that
the Council is elected by the citizens in the same manner they approved the term limit provision.
He stated that the Council can request the Charter Commission to act, but they cannot demand it.
Mayor Coughlin stated that this is why the matter is before the Council as a review.
Jerry Linke,2310 Knoll Drive,stated he was on the Charter Commission during that period of time,
and at that time they did have a charter attorney, and raised the same question. He stated that they
were advised that they should not put the provision in the Charter. He stated that the City did pay
for that attorney, and that this has already been done. He stated that he would like to know when
the Charter was printed, adding that during the time he was Mayor, no printings were authorized.
Ms. Olson stated that the City authorized the printing in 1994.
City Administrator Whiting stated that there was no disagreement that this had been done, and that
it was understood,the vote was taken and passed, and that it had been certified by the Secretary or
State. He stated that, as he recalled from attending some of the earlier Charter Commission
meetings, there were printed copies of the Charter with the provision in them. He stated that, in
1996,they had discussion regarding whether or not this provision should have been included in the
Charter, and that Ms. Olson had shown him that it had been done. He stated that he put the matter
on the Agenda,without deciding on his own to reprint all the Charters with this provision included,
to notify the Council. He stated the intent was to present the options provided by the City Attorney,
adding that another option would be to do nothing and print the Charter as it was.
Ms. Olson stated that she had also notified the Council regarding the matter, and did not think that
the Council meeting was a proper forum for the discussion of the matter. She stated that in regard
to a footnote or codicil,the Charter already states clearly in Section 4.02,that if for some reason the
provision should be found unconstitutional, others shall remain in full force and effect. She stated
that parts of the City Code also require amendment or correcting,but they were not being dealt with
in this manner. She stated that this was no different than the portion of a resolution for initiatives by
referendum, for a citizen to uphold his right within the City of Mounds View,which is contained in
the Charter, and does not correlate to State Statutes, and cannot be done.
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Mayor Coughlin stated that he would move to direct the City Administrator to accept, post and
publish the corrected Charter, including the added provision discussed. In addition, he would
request that Council present an official request to the Charter Commission that they revisit this and
all items which have been deemed unconstitutional by various court actions or the State Supreme
Court. In addition, he would move that a separate document, and not a codicil,be included in any
election packet, outlining the summary of the Minneapolis Term Limit Coalition vs. Keith case, and
any summary documents from the State Supreme Court, so as to accept that which has been voted
for by the people, and to request the Charter Commission deal with the fact that items in the Charter
are unconstitutional, and to keep the citizenry informed, even those applying for office, so as to not
mislead them in any way regarding the legal status of the term limits provision.
Council Member Thomason stated that she would second that motion.
Council Member Stigney stated that this motion was unclear. He stated he was on the Charter
Commission, and at that time, Jerry Linke was the Mayor, and to his recollection the citizenry had
this provision placed in the Charter by vote, and the City Council was not going to allow it, so it
remained in limbo. He stated that whatever the correction, it was within the jurisdiction and domain
of the Charter Commission.
Mayor Coughlin stated that this motion was basically directing the Clerk Administrator to accept
the charter as presented by the Charter Commission. Council Member Stigney stated that the
Charter already existed that way. Mayor Coughlin stated that this was just resolving the question.
Council Member Stigney stated that the matter was resolved in his mind.
Council Member Quick asked City Attorney Long how something can be filed, when it is
unconstitutional, and if so,who did the actual filing.
City Attorney Long stated that when the vote was taken in 1994,there is a requirement that the City
certify the results within a certain time frame. He stated that he had seen a letter from Samantha
Arduna to the Secretary of State, sending the language that had been adopted at the election. He
stated that this was done as required by law.He explained that they did not add the language because
of the constitutional issues that would come up later.
Council Member Quick asked who had the copies printed. City Attorney Long stated that he did not
know, adding that they had given the opinion at that time that if you were going to reprint all of the
charter issues,it should be done without the unconstitutional provision,to prevent the possibility of
a taxpayer law suit. He added that once you have a constitutional ruling, you are obligated, and
cannot just ignore it.
Council Member Quick inquired if whomever had the Charters printed had acted frivolously, and
had expended taxpayer's dollars for something that was unconstitutional.
City Attorney Long stated that he was not aware how many copies were printed,but that this, and
that they not continue to print copies after the ruling,was the concern. He stated that there was also
the concern that the City not print the Charter with the unconstitutional provision as courts have
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ruled that it might be an improper expenditure of taxpayer dollars.
City Attorney Long stated that the matter was basically simple. He stated that the United States
Supreme Court would not rule on a Minnesota State Supreme Court decision, interpreting its own
Constitution. He stated that for now, the law of the land in Minnesota has determined term limits
to be unconstitutional, and added that the legislature could not change that either. He explained that
the Constitution would have to be amended to allow this. He stated that one option was that the
Charter Commission could repeal unconstitutional laws, which he believed was the most prudent
action, and if denied, he thought the Charter Commission as the codifier could include the
footnoting. He stated the third option, which would be equally valid, would be to notify all
candidates filing for office that the provision still on the books is unconstitutional.
Council Member Quick inquired if it would be prudent for the City Council to direct the City
Attorney to take the matter to court to obtain a ruling from a judge, and to direct the Charter
Commission to amend the Charter to bring it into line with the Constitution. City Attorney Long
stated that this could be done in the form of a Declaratory Judgment action which seeks to clarify
whether the provision in the Charter is unconstitutional. Council Member Quick stated that, as the
Charter Commission is appointed by the courts, this would seem the proper way to do this. He
requested the Mayor withdraw his motion, and substitute his.
Mayor Coughlin stated that he would like to, however, he would have to decline. He stated that
these were two separate issues, and the verbiage would remain in light of the motion. He stated that
they could appeal to the appointed judge for clarification.
Council Member Quick requested City Attorney Long's opinion. City Attorney Long stated that in
his opinion,it is a problem to leave an unconstitutional item in the Charter. He stated that he thought
it proper for a public body, when given a court ruling and are obligated, to take action. He stated
that if the Charter Commission did not remove the provision on its own, then a court action might
be the necessary avenue. However, he stated, rather than taking a court action first, let the Charter
Commission do the right thing, which is to remove the unconstitutional provision by a vote. He
stated that, in his opinion, any attorney would tell them the same thing.
Mayor Coughlin requested they have faith in both bodies present.
Mr. Dody stated that when the Charter was originally made, the Charter was printed, and they made
sure that the exact Charter, which was voted on, was represented by the City, and then the City
copied that. He stated that the City Council is not the keeper of the City Charter. He stated that it
is the responsibility of the Charter Commission.
Mr. Linke stated he believed that in order to amend the Charter, the Charter Commission would
recommend the Charter or amendment to the Charter for approval, and the Council would have to
approve it unanimously, or the matter would have to be taken to the voters. He stated that at this
time and to his knowledge,there had been no revisions to the Charter within the last four years, other
than the term limit provision. He added that he was aware that there were other unconstitutional
items. He stated that the Council provided the money to the Charter Commission to print the
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Charter,and if the Council thought there were unlawful items in it,they should request it be"cleaned
up,"before authorizing the expenditure.
Mayor Coughlin restated his motion to direct the Clerk Administrator to accept post and publish the
adjusted Charter including the added term limit provision, and to request that the Council request
that the Chairperson and Commission Members to revisit all items in the Charter which have been
deemed unconstitutional by various court actions, and to direct the Administrator to include a
separate document outlining the summary of the Minneapolis Term Limits Coalition vs. Keith
Supreme Court ruling and a summary explaining why this provision is unconstitutional.
Mayor Coughlin stated that this was to post on the Website and elsewhere, the Charter as it was
voted upon. He added that he voted for term limits at the time. He stated this was also to
acknowledge that the provision was duly voted upon and approved by the populous, and to
acknowledge the fact that it is, at present, unconstitutional, unless a constitutional amendment be
enacted at the state level. He added that it also preserves the right of the Council and the City to not
withhold any information from those people seeking re-election. He stated that he saw this as a
compromise.
Council Member Quick inquired regarding whether or not a time constraint should be placed upon
the removal of any unconstitutional items in the Charter.
City Attorney Long stated that they were presently in the process of updating the Code book, and
incorporating all the ordinances that the Council passed in the last year, and would include the
Charter, but had the question as to which provision of the Charter they should include. He stated
if the Charter Commission were to act within the next sixty days, and vote to remove the term limit
provision, and any others deemed unconstitutional,they could have it back before the Council for
action, and the new, "cleaned" up Charter could be printed with the Code to avoid the cost. He
stated that from his perspective sixty days would be a reasonable amount of time.
Council Member Quick inquired if Mayor Coughlin would accept the sixty day time frame as an
amendment to his motion. Mayor Coughlin stated that the Council could not dictate the timing of
the Charter Commission,however,they could state sixty days, and the Council could consider their
options at that point. Council Member Thomason stated that she would agree to this.
Council Stigney requested clarification of the language"publish the adjusted charter,"to indicate
"publish the Charter including the added provision of term limits:"He stated that he did not believe
it was correct for the Council move upon this matter, as it was within the purview of the Charter
Commission. Mayor Coughlin stated that to an extent,the Clerk Administrator does have the right
to post the Charter or raise questions regarding it. He added that this was simply an attempt to
resolve the matter at the Council level, and place it out of the Council domain.
City Administrator Whiting stated that the last Council discussion of the matter had taken place
almost three years prior, and at that time, it had been decided to remove the term limit provision
from the Charter. He stated, in light of this, and for the benefit of the public who might think this
was this had been done, he had placed the matter on the Council Agenda to provide public
21C:\ADMIN\MINUTES\CC\072699CC.MIN
acknowledgment that it was a different version than what he understood it to be three years ago.
Council Member Stigney stated that he would prefer the motion be broken down into three different
issues. He stated,in regard to posting and publishing the existing Charter, it should have been done,
and if not,the City has been remiss in not doing so.Mayor Coughlin reiterated that this was a means
to declare this issue resolved in this regard. Council Member Stigney stated that he opposed it, as
it was not Council business.Mayor Coughlin stated that unfortunately,previous Councils had made
it their business, and that he felt it necessary to declare it otherwise. Council Member Quick stated
that it is the Council's business as duly elected representatives of the people. He added that no
Charter Commission Members are elected.
Council Member Stigney stated that there are no added provisions to the Charter. Mayor Coughlin
stated he was referring to items added to the Charter by the voters, however,he would amend the
language again if necessary. Ms. Olson stated that it should be indicated as the current February 13,
1995 Charter. Mayor Coughlin stated that he would amend the motion pursuant to the
recommendation of Ms. Olson, the current Chair of the Charter Commission. Council Member
Thomason stated that she would agree to that amendment.
Ms. Olson inquired if the Council would consider a separate stipulation to the motion to request that
the Council will provide additional expenditure for attorney fees at the same time, in order to
facilitate the Council's request that the Charter Commission review the Charter for unconstitutional
items.
Mayor Coughlin stated that he would prefer an actual document requesting specific funding, rather
than a request for an ambiguous amount. Ms. Olson stated that if they bring this motion forward at
the present meeting,and request the Charter Commission to review those items,they would not able
accommodate the request unless the Council extends additional attorney fees for that purpose. She
stated that if Council so desired,they could come back before the Council with a document to that
effect in the future. Mayor Coughlin requested that they utilize the League of Minnesota Cities'
staff,as the Charter Commission has already done,adding that the services are free of charge as they
are dues payers. He requested that they do whatever is required outside of the purview of expending
additional taxpayer dollars.
Ms. Olson stated this was not fair or right, in light of the documentation, which came from the
League of Minnesota Cities,which states that the League of Minnesota Cities' attorneys are not for
the citizens, for their Constitution,nor for the Charter. She explained that they are on opposite sides
of the fence. She stated that he would be asking them to take direction based upon something that
would not be legal counsel for the citizens.
Mayor Coughlin stated that what he was requesting is to put the matter back in the realm of the
Charter Commission. He stated there are several instances where items are not in keeping with the
State Constitution,and he would ask that the Charter Commission be allowed to dialogue as a group,
prior to a major expenditure of legal fees by anyone.
Ms. Olson stated,because the Charter Commission was presently working on some very important
22C:\ADMIN\MINUTES\CC\072699CC.MIN
amendments to the existing Charter, and particularly in light of the City's new budget, which could
bring forward a special election to the citizens,they could not allow the sixty-day time frame to deter
them from their work.
Mayor Coughlin clarified that the motion states the Council is giving the Charter Commission sixty
days from the date of the present meeting, and requested, as they currently meet on a regular basis
for purposes of reviewing and amending the document,they would add this item to their discussion.
He added that neither he,nor any other member of the Council was attempting to set priorities at the
Charter Commission level.
Mr. Linke stated that as a first step the Charter Commission could go back through the minutes of
previous years and easily pull those items out. He added that they already have, either by statute or
ordinance, approximately $1,100.00 for facilitating this.
MOTION/SECOND: Coughlin/Thomason. To Direct the City Administrator to Accept, Post and
Publish the Current February 13, 1995 Charter, Including the Added Provision Discussed, In
Addition He Would Request the Council Present An Official Request to the Charter Commission
that they Revisit this and All Items Deemed Unconstitutional by Various Court Actions or the State
Supreme Court In Addition He would Request that a Separate Document,Not a Codicil be Included
in any Election Packet, Outlining the Summary of the Minneapolis Term Limits Coalition vs. Keith
Case and Any Summary Documents from the State Supreme Court so as to Accept that which has
been Voted For by the People, and to Request that the Charter Commission Deal with the Fact that
Items in the Charter are Unconstitutional and to Keep the Citizenry Informed,Even Those Applying
for Office so as to Not Mislead Them in Any Manner,Regarding the Legal Status of the Term Limit
Provision, as Amended..
Ayes—3 Nays—1 (Stigney) Motion carried.
Council Member Stigney stated that he opposed, as he thought the Resolution was too convoluted
to make a rational vote on.
Mayor Coughlin stated that the City Administrator was directed to publish and post the present
Charter on the City Website,and any other place appropriate, as directed by the Charter Commission
itself.
11. Next Council Work Session: Monday,August 2, 1999—6:00 PM
Next Council Meeting Monday, August 2, 1999—7:00 PM
12. ADJOURNMENT
Mayor Coughlin adjourned the meeting at 9:37 P.M.
Transcribed and recorded by:
Trish Pearson
23C:\ADMIN\MINUTES\CC\072699CC.MIN
TimeSaver Off Site Secretarial, Inc.
24C:\ADMIN\MINUTES\CC\072699CC.MIN
7,4
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:
13694 through 13694 in the amount of$ 2,088.00
13695 through 13701 in the amount of$ 15,691.21
100747 through 100899 in the amount of$ 144,712.32
TOTAL AMOUNT OF CLAIMS PRESENTED: $ 162,491.53
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 08/10/99 by the vote ayes nayes
Mayor
Clerk-Administrator
Date: 08/05/1999 City of Mounds View
Check Date Vendor # Vendor Name Check # Amount
07/23/1999 N8000 Northwest YMCA 13694 2,088.00
Date: 08/05/1999 Time: 10:47:15 City of Mounds View Operator: Marge Norquist Page: 1
FM Entry - Invoice - Check Register
Ranges: Bank #: (A)
Check Date: (A)
Check #: (R) 13694 - 13701
Options: Check # Sort Only: N Format: 1 # of copies: 1
Bank # Check Date Vendor # Vendor Name Check # Type Amount
1 07/29/1999 i0025 ICMA Retirement Trust - 457 13695 R 3,969.67
07/29/1999 r0896 Minnesota Child Support Paymen 13696 R 690.90
07/29/1999 m0658 MINNESOTA STATE RETIREMENT SYS 13697 R 432.69
07/29/1999 p9250 Public Employees Retirement As 13698 R 10,134.32
07/29/1999 p9250 Public Employees Retirement As 13699 R 112.50
07/29/1999 w5250 Western Bank 13700 R 120.00
Total Regular: 15,460.08
Total Manual: .00
Total Regular & Manual: 15,460.08
Total Voided: .00
Bank Total: 15,460.08
Grand Total: 15,460.08
Date: 08/05/1999 Time: 11:35:59 City of Mounds View Operator: Marge Norquist Page: 1
FM Entry - Invoice - Check Register
Ranges: Bank #: (A)
Check Date: (A)
Check #: (R) 100747 - 100763
Options: Check # Sort Only: N Format: 1 # of copies: 1
Bank # Check Date Vendor # Vendor Name Check # Type Amount
1 07/22/1999 90716 Virginia Anderson 100747 R 28.00
07/22/1999 B4955 Blimpie Subs & Salads 100748 R 46.88
07/22/1999 90719 Stephanie Gamlin 100749 R 52.41
07/22/1999 G8205 Green Tree Vendor Services 100750 R 153.28
07/22/1999 U7300 U. S. Postal Service 100751 R 1,000.00
07/27/1999 B2600 100752 V .00
07/27/1999 B2600 100753 V .00
07/27/1999 B2600 100754 V .00
07/27/1999 B2600 100755 V .00
07/27/1999 B2600 100756 V .00
07/27/1999 B2600 Bankcard Center 100757 R 7,541.43
07/27/1999 E5030 Elegant Thymes Catering 100758 R 508.48
07/27/1999 N6600 Northern States Power 100759 R 5,662.87
07/27/1999 90720 Carrie Pomeroy 100760 R 28.00
07/27/1999 Y0050 Y.M.C.A. 100761 R 1,348.00
07/28/1999 L7610 Sharie Linke 100762 R 163.69
07/30/1999 L5040 League of Minnesota Cities Ins 100763 R 10,000.00
Total Regular: 26,533.04
Total Manual: .00
Total Regular & Manual: 26,533.04
Total Voided: .00
Bank Total: 26,533.04
Grand Total: 26,533.04
Date: 08/05/1999 Time: 10:51:47 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
13701 Western Bank Replenish Petty Cash 4650 231.13
Total for Chk 13701 231.13*
100764 A T & T Telephone Charges 4901 5.74
Total for Chk 100764 5.74*
100765 Ace Solid Waste, Inc. Rubbish Pickup 4160 492.80
Total for Chk 100765 492.80*
100766 Airtouch Police Cell Phones 4200 142.41
Total for Chk 100766 142.41*
100767 All City Elevator, Inc Bi-monthly Elevator Sery 4160 73.00
Total for Chk 100767 73.00*
100768 Allen And Associates Johnson-Outplacement Ser 4350 703.00
Total for Chk 100768 703.00*
100769 American Office Produc Insulated File 4150 1,432.38
Total for Chk 100769 1,432.38*
100770 AmeriPride Linen & App Towels, Floor Mats 4160 226.99
Total for Chk 100770 226.99*
100771 Ancom Equipment Repair 4200 245.50
Total for Chk 100771 245.50*
100772 Associates Commercial Lease Payment 4901 1,693.92
Total for Chk 100772 1,693.92*
100773 Bacon's Electric Booster Pump Service 4823 415.83
Total for Chk 100773 415.83*
100774 Batteries Plus Battery 4826 131.14
Total for Chk 100774 131.14*
Date: 08/05/1999 Time: 10:51:47 Operator: Marge Norquist
Page: 2
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
100775 BCA/CJDN Conference Conference 4200 30.00
Total for Chk 100775 30.00*
100777 Beisswengers Key 4462 524.09
Total for Chk 100777 524.09*
100778 Biffs, Inc. Groveland Park 4360 503.44
Total for Chk 100778 503.44*
100779 J. Brown & Associates Residential Appraisal 4650 300.00
Total for Chk 100779 300.00*
100780 Bryan Rock Products, I Rock 4360 299.94
Total for Chk 100780 299.94*
100781 Bumper to Bumper Filter 4465 52.85
Total for Chk 100781 52.85*
100782 Capitol Beverage Sales Beverages 4901 255.15
Total for Chk 100782 255.15*
100783 Central Power Distribu Seal 4360 3.83
Total for Chk 100783 3.83*
100784 Cintas - 748 Uniform Rental 4415 660.92
Total for Chk 100784 660.92*
100785 Construction Bulletin Silverview Park Path Ad 4360 129.05
Total for Chk 100785 129.05*
100786 Cottens, Inc. Oil Filters 4900 163.53
Total for Chk 100786 163.53*
100787 Cues, Inc. Cleat Assy, Rivets 4826 443.88
Total for Chk 100787 443.88*
100788 Cummins North Central, Booster Station Generato 4823 4,452.93
Total for Chk 100788 4,452.93*
100789 Davies Water Equipment Rubber Suction Hose,King 4823 444.80
Total for Chk 100789 444.80*
100790 Dehn Oil Diesel Fuel 4823 434.10
Total for Chk 100790 434.10*
100791 Diane Kittleson Meter Refund 40.00
Total for Chk 100791 40.00*
100792 Doug's T V, Appliance Trimmer Repair 4360 751.27
Total for Chk 100792 751.27*
Date: 08/05/1999 Time: 10:51:47 Operator: Marge Norquist
Page: 3
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
100793 Drain King, Inc. Sewer Line Service 4160 475.00
Total for Chk 100793 475.00*
100794 Dyna-Pak Corporation Trash Bags 4360 800.00
Total for Chk 100794 800.00*
100795 East Side Beverage Co. Beverages 4901 243.00
Total for Chk 100795 243.00*
100796 Elegant Thymes Caterin Beggin Wedding 4,188.73
Total for Chk 100796 4,188.73*
100797 Ericson, Jim Planner Refill 4180 42.07
Total for Chk 100797 42.07*
100798 Focus News Legal Notice-Silverview 4160 299.50
Total for Chk 100798 299.50*
100799 Perry Franzen Water Refund 47.38
Total for Chk 100799 47.38*
100800 G E Capital ITS Computer Equipment 4160 3,306.66
Total for Chk 100800 3,306.66*
100801 Gallaghers Service, In Trash Removal-Spring Lak 4470 53.53
Total for Chk 100801 53.53*
100802 Glassmasters, Inc. Lexan 4360 76.50
Total for Chk 100802 76.50*
100803 Golf Car Midwest Part for Beverage Cart 4900 17.30
Total for Chk 100803 17.30*
100804 W. W. Grainger C-Frame Motor, Fan Blade 4417 21.16
Total for Chk 100804 21.16*
100805 Griggs, Cooper & Compa Beverages 4901 176.00
Total for Chk 100805 176.00*
100806 Habitat for Humanity Deposit Refund 700.00
Total for Chk 100806 700.00*
100807 Hornungs Pro Golf Sale Golf Merchandise, Vehicl 4901 265.99
Total for Chk 100807 265.99*
100808 Sara D. Jay, Esq. Labor Relations Hearings 4200 1,678.60
Total for Chk 100808 1,678.60*
100809 Susy Johnson Class Refund 25.00
Total for Chk 100809 25.00*
Date: 08/05/1999 Time: 10:51:47 Operator: Marge Norquist
Page: 4
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
100810 Kath Auto Parts & Mach Brake Shoes 4465 54.26
Total for Chk 100810 54.26*
100811 Kennedy & Graven Airport Legislation 4100 3,744.64
Total for Chk 100811 3,744.64*
100812 Knox Commercial Credit Gas Hedge Trimmer 4460 131.52
Total for Chk 100812 131.52*
100813 League of Minnesota Ci Workers' Comp. 4901 240.30
Total for Chk 100813 240.30*
100815 League of Minnesota Ci Adj.to sale & purchase o 4900 28,894.00
Total for Chk 100815 28,894.00*
100816 League of Minnesota Ci LMC Annual Conference 4100 99.00
Total for Chk 100816 99.00*
100817 Lesco, Inc. Mulch Mats 4360 715.50
Total for Chk 100817 715.50*
100818 Lightning Printing Business Cards-Linke 4730 41.16
Total for Chk 100818 41.16*
100819 M & S Outdoor Equipmen Ranchers 4360 639.00
Total for Chk 100819 639.00*
100820 M.T.I. Distributing Co Ball Field Sprinklers 4360 269.93
Total for Chk 100820 269.93*
100821 MacQueen Equipment, In Bearings, Seals, Springs 4465 216.07
Total for Chk 100821 216.07*
100822 Mailing Solutions Mailing of Utility Bills 4820 321.83
Total for Chk 100822 321.83*
100823 Masys Corporation Enfors Maintenance 4200 623.69
Total for Chk 100823 623.69*
100824 Matco Tools Hammer 4462 123.65
Total for Chk 100824 123.65*
100825 MCI Worldcom Phone Calls 4160 114.60
Total for Chk 100825 114.60*
100826 Menards Cedar, Spades 4470 279.93
Total for Chk 100826 279.93*
100827 Metro Legal Services, Del. to B.Long 4100 15.00
Total for Chk 100827 15.00*
Date: 08/05/1999 Time: 10:51:48 Operator: Marge Norquist
Page: 5
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
100828 Metrocall State Display Service 4415 74.24
Total for Chk 100828 74.24*
100829 Midwest Asphalt Corpor Asphalt 4470 110.38
Total for Chk 100829 110.38*
100830 Midwest Coca/Cola Beverages 4901 894.72
Total for Chk 100830 894.72*
100831 Midwest Specialty Sale Air Clean Element, Blade 4360 2,039.96
Total for Chk 100831 2,039.96*
100832 Miller Tree & Landscap Tree Removal 4380 2,497.00
Total for Chk 100832 2,497.00*
100833 Richard John Miller Arbitration 4200 1,997.00
Total for Chk 100833 1,997.00*
100834 Milsolv Minnesota Corp Copper Sulfate Crystals 4350 344.00
Total for Chk 100834 344.00*
100835 Minar Ford Spec.Hose 4462 265.95
Total for Chk 100835 265.95*
100836 Minncor Central Office Furniture 4180 1,361.49
Total for Chk 100836 1,361.49*
100837 Minnegasco 2850 82nd Lane N.E. 4901 29.74
Total for Chk 100837 29.74*
100838 Minnesota Golf Assn., Memberships 4901 90.00
Total for Chk 100838 90.00*
100839 Minnesota Golf Cars, I Drive Belt-Golf Car 4900 283.29
Total for Chk 100839 283.29*
100840 Minnesota State Treasu Building Permit Surcharg 3,190.95
Total for Chk 100840 3,190.95*
100841 Minnesota Wanner Compa Port Kits 4360 5.22
Total for Chk 100841 5.22*
100842 Mounds View, City of 6991 Pleasant View Dr. 4650 3,725.04
Total for Chk 100842 3,725.04*
100843 Mounds View, City of 5299 Pinewood Court 10.90
Total for Chk 100843 10.90*
100844 Municilite Twin Side Beam 4465 61.88
Total for Chk 100844 61.88*
Date: 08/05/1999 Time: 10:51:48 Operator: Marge Norquist
Page: 6
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
100845 N.E.P. Corporation Hardware 4460 458.75
Total for Chk 100845 458.75*
100846 New Brighton/Mounds Vi Quarterly Billing 4130 190.25
Total for Chk 100846 190.25*
100847 North Star Turf, Inc. Arm Assy. 4360 508.36
Total for Chk 100847 508.36*
100848 Northern Sanitary Supp Towels 4350 96.92
Total for Chk 100848 96.92*
100850 Northern States Power 7840 Pleasant View Dr. 4350 5,578.70
Total for Chk 100850 5,578.70*
100851 Northwest Family YMCA Prof.Services-Community 4350 4,060.00
Total for Chk 100851 4,060.00*
100852 Park Supply, Inc. Diaphragm Operating Assy 4350 157.28
Total for Chk 100852 157.28*
100853 Perfect "10" Car Wash Car Washes 4200 12.68
Total for Chk 100853 12.68*
100854 Pomp's Tire Service, I Tire Repair 4465 55.00
Total for Chk 100854 55.00*
100855 Printmaster Printing Printing-Comm.Developmen 4180 174.51
Total for Chk 100855 174.51*
100856 Ramsey County Lamping Services 4475 123.35
Total for Chk 100856 123.35*
100857 City of Richfield Swimming Pool Admissions 4351 123.00
Total for Chk 100857 123.00*
100858 Deb Rielley Class Refund 10.00
Total for Chk 100858 10.00*
100859 River Junction Tree Se Tree and Stump Removal 4380 549.60
Total for Chk 100859 549.60*
100860 Roberts Off 10 Klavu Graduation Party 159.08
Total for Chk 100860 159.08*
100861 Roseville Plumbing Permit Refund 7.00
Total for Chk 100861 7.00*
100862 City of Roseville Skating Admissions 4351 50.00
Total for Chk 100862 50.00*
Date: 08/05/1999 Time: 10:51:48 Operator: Marge Norquist
Page: 7
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
100863 Neil Rudnitski Permit Refund 8.55
Total for Chk 100863 8.55*
100864 Savin Corporation Maintenance 4160 307.49
Total for Chk 100864 307.49*
100865 Yagoob Sethi Class Refund 56.00
Total for Chk 100865 56.00*
100866 Sheshunoff Information Human Resource Guide 4160 290.95
Total for Chk 100866 290.95*
100867 Shred-It Shredding 4200 49.95
Total for Chk 100867 49.95*
100868 Snyders Office Supplies 4730 20.80
Total for Chk 100868 20.80*
100869 Spalding Golf Merchandise 4902 2,625.00
Total for Chk 100869 2,625.00*
100870 Spring Lake Park Fire Fire Protection Service 4210 12,047.25
Total for Chk 100870 12,047.25*
100871 City of St. Paul Asphalt Mix 4470 2,870.10
Total for Chk 100871 2,870.10*
100872 Standard Spring of Min Springs, Spring Pins 4465 971.30
Total for Chk 100872 971.30*
100873 Stringer Business Syst Copy overage 4350 94.18
Total for Chk 100873 94.18*
100874 Sun Newspapers Custodian Ad 4160 122.40
Total for Chk 100874 122.40*
100875 Surplus Services Sling 4360 15.00
Total for Chk 100875 15.00*
100876 Sysco Food Services of Chips 4901 1,551.72
Total for Chk 100876 1,551.72*
100877 T.S.E., Inc. Janitorial Services 4350 1,160.00
Total for Chk 100877 1,160.00*
100878 Therma-Stor Products Switch, Air Pressure, SP 4823 34.44
Total for Chk 100878 34.44*
100879 Time Saver City Council, EDA Mtgs. 4100 549.25
Total for Chk 100879 549.25*
Date: 08/05/1999 Time: 10:51:48 Operator: Marge Norquist
Page: 8
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
100880 Trugreen Chemlawn Weed Control 4350 807.27
Total for Chk 100880 807.27*
100881 U. S. Filter Distribut Valve Box Lid 4823 25.93
Total for Chk 100881 25.93*
100882 U. S. West Communicati Listen Only Voice Mail 4200 103.28
Total for Chk 100882 103.28*
100883 U. S. West 783-1326 4360 129.16
Total for Chk 100883 129.16*
100884 Viking Electric Tamper Bit Kit 4350 192.02
Total for Chk 100884 192.02*
100885 Voss Lighting STTV Lamps 4350 540.81
Total for Chk 100885 540.81*
100886 Wager's, Inc Maintenance Contract 4823 27.00
Total for Chk 100886 27.00*
100887 Western Bank Savings Bond-Hicke 4420 50.00
Total for Chk 100887 50.00*
100888 Diane Wuori Flowers 124.70
Total for Chk 100888 124.70*
100889 Zep Manufacturing Co. Painters Partner 4460 115.50
Total for Chk 100889 115.50*
Grand Total 118,410.41*
I
78
RESOLUTION NO. 5358
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING PARK AND RECREATION COMMISSION MEMBERS
WHEREAS, two vacancies resulted from the resignation of two Park and Recreation
Commissioners: Pamela Starr, and Scott Dentz; and
WHEREAS, the City Council added an additional seat to the Park and Recreation
Commission in 1999; and
WHEREAS,the Commissions consists of members appointed by the Mayor with the
approval of the majority of the Council.
NOW, THEREFORE, BE IT RESOLVED that the Mayor does hereby appoint and the
City Council approve the following persons for the stated terms to the Parks and Recreation
commission:
Parks and Recreation Commission
Dawn Little - (term expires 12/31/2000)
Theresa Lexcen- (term expires 12/31/2000)
Rich Sonterre - (term expires 12/31/2001)
Adopted this 9th day of August, 1999
ATTEST:
Mayor Dan Coughlin
(SEAL)
City Administrator Chuck Whiting
1
Item No. 0713
Staff Report No.
Meeting Date: August 9, 1999
Type of Business: C.A.
WK: Work Session;PH:Public Hearing;
CA: Consent Agenda; CB:Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council ,
From: Michael Ulrich, Director of Public Works
. Item Title/Subject: Consideration of Pathways Construction bids
Date of Report: August 4, 1999
Staff advertised and received bids for the construction of pathways at Silver View Park and
County Rd. I. The bids are as follows:
Contractor Phase 1 Phase 2 Phase 3 Total Bid
Bituminous Roadways $49,000 $25,500 $12,300 $86,800.00
Barber Construction $56,880 $33,280 $4,130 $95,290.00
Frattalone Paving $65,072 $42,140 $21,170 $128,382.00
W.B. Miller $80,175 $38,150 $20,750 $139,075.00
Daily & Sons $99,208 $68,564 $29,197 $196,969.00
Staff presented this item for Council review at the August 2, 1999 work session. Staff
recommends award to the low bidder, Bituminous Roadways for a total of$86,800.00. Phase 1
and 3 will be funded from the Parks Budget with a transfer of funds from the Park Dedication
. fund. Phase 3 may be reduced through some negotiation with the contractor for eliminating part
of the culvert replacement that might be performed by an outside contractor. Phase 2 will be
funded from the Streets Pavement Management budget capital account.
ichael Ulrich, P erector of Public Works
RECOMMENDATION: Council award the construction the pathways to Bituminous
Roadways for the total bid amount of$86,800.00, with$61,300.00 being funded from the Parks
Capital Account 100-4360-7050, with said amount transferred from the Parks Dedication Fund,
$25,500.00 funded from Streets, Pavement Management budget acct. no. 100-4470-7050 and
authorize the Public Works Director to sign all change orders up to 10% of the total project
amount.
Item No. 9 E
Staff Report No.
Meeting Date: August 9, 1999
Type of Business: C.A.
WK: Work Session;PH:Public Hearing;
CA: Consent Agenda;CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Michael Ulrich, Director of Public Works
• Item Title/Subject: Approval of Final Plans and Specifications, Authorizing Bid
Advertisement for Woodcrest Park Wetland Mitigation Project
Date of Report: August 4, 1999
This item was discussed at the August 2, 1999 Council work session. Staff is requesting Council
approval of the final plans and specifications and authorizing staff to proceed with advertising
the project.
/ ‘, /,,eze,4/*
Mic ael Ulrich, Director of Public Works
RECOMMENDATION: Council approval of Final Plans and Specifications, Authorize Staff to
Proceed with the Bid Advertisement for Woodcrest Park Wetland Mitigation Project
Item No.
Type of Business: CA
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: August 9, 1999
Please consider the following contractor licenses for approval. The licenses 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 the last license period.
Asphalt
Blacktop Paving of Minnesota, Inc.
Northern Asphalt Construction
HVAC
Allan Mechanical
DJ's Heating & Air Conditioning - New
Michael's HHH - New
Sewer/Water
Webster Company
General (Commercial)
MasterCraft Construction - New
Mostar Construction -New
Staff Recommendation: Approve license applications as requested.
Item No. 1 d
Staff Report No.
Meeting Date: August 9, 1999
Type of Business: C.B.
WK: Work Session;PH:Public Hearing;
CA: Consent Agenda;CB: Council Business
. City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Michael Ulrich, Director of Public Works
Item Title/Subject: Set Public Hearing to Amend Chapter 202 of the Municipal Code,
Entitled Public Improvements
Date of Report: August 5, 1999
To comply with Resolution No. 5357 which adopted the Streets Committee's recommendations
for future street reconstruction projects, a public hearing and two readings will be required to
amend Chapter 202 of the Municipal Code. Staff will prepare an Ordinance amending the
Municipal Code for Council's consideration at that time.
The Ordinance will include blank amounts of the percentage of the assessment for street
• improvements including total reconstruction, overlays, mill and overlays and recycle and
overlays. Also included will be verbiage relating to the percentage of pavement assessed,
percentage of curb and gutter assessed,percentage of a MSA street project assessed and language
regarding the assessment of improvements performed on a County or State Highway. County
Road H2 will also receive turn back funds which will be addressed. The issues of sidewalks/
pathways and mailbox structures can also be discussed and incorporated.
Staff request Council set a public hearing for August 23, 1999, at 7:20 pm to consider amending
Chapter 202 of the Municipal Code, entitled"Public Improvements".
7---
'Ve-Y er/""4----,"
is ael Ulrich, Director of Public Works
RECOMMENDATION: Council set a public hearing for August 23, 1999, at 7:20 pm to
consider amending Chapter 202 of the Municipal Code, entitled"Public Improvements".
/o ,t3
RESOLUTION NO. 5356
A RESOLUTION APPROVING THE CITY OF MOUNDS VIEW'S PARTICIPATION
AS A REPRESENTATIVE MEMBER OF THE NEWLY FORMED
ANOKA COUNTY-BLAINE AIRPORT ADVISORY COMMISSION
AND AUTHORIZATION TO SEEK APPLICANTS FOR APPOINTMENT TO THE
COMMISSION
WHEREAS,the Mounds View City Council has actively sought a viable forum for address of
Anoka County-Blaine Airport operational issues ; and
WHEREAS,the Mounds View City Council has supported the concept of an airport advisory
board in recent legislative efforts; and
WHEREAS,the Mounds View City Council deems it vital for its residents to have direct
contact with Metropolitan Airports Commission staff members,Anoka County-Blaine Airport
management and airport users and pilots on airport issues affecting our community,
THEREFORE BE IT NOW RESOLVED, that the Mounds View City Council approves of the
by-laws developed by the communities surrounding the Anoka County-Blaine Airport and
agrees to participate by appointing two representatives to the Commission. The City Council
further understands that no significant monetary commitment is being sought for this
participation, and that the actions of the Commission will be advisory in nature to Airport
operators, the communities involved and the regional authorities overseeing airport development
in the metropolitan area.
BE IT FURTHER RESOLVED THAT the City Administrator is hereby authorized to
advertise for interested applicants for Commission appointment after approval by the City
Council.
Adopted this 9th day of August, 1999.
Dan Coughlin,Mayor
Attest:
Charles S. Whiting, Clerk Administrator
(SEAL)
Item No. /O Q
•
Staff Report No.
Meeting Date: August 9, 1999
Type of Business: C.B.
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda; CB.'Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Michael Ulrich, Director of Public Works
Item Title/Subject: Consideration of Resolution No. 5357, Adopting the Streets
Committee recommendations for future Reconstruction Projects
Date of Report: August 5, 1999
Presented for Council's consideration is Resolution No. 5357, Adopting the Streets Committee
• Recommendations for Future Reconstruction Projects. Staff has insert the requested revision in
recommendation number 4. Adoption of this resolution will provide the direction for Council and
staff to amend Chapter 202, Public Improvements of the City of Mounds View Municipal Code.
An Ordinance amending the Code will be required.
Michael Ulric `,Director of Public Works
RESOLUTION NO. 5357
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ADOPTING THE STREETS COMMITTEE
RECOMMENDATIONS FOR FUTURE RECONSTRUCTION PROJECTS
WHEREAS, the City Council of the City of Mounds
View in 1998, appointed a Streets Committee to review the City
street reconstruction policies, operating practices, assessment
policies and the City' s ability to finance future projects and;
WHEREAS, the Committee ' s final report has been
accepted by the City Council, approving the recommendations and;
WHEREAS, the first recommendation is, the standard
from which to start considering a street improvement should be
based on the current design of the street and;
WHEREAS, the second recommendation is, 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 and;
WHEREAS, the third recommendation is, 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 and;
WHEREAS, the fourth recommendation is, the City
integrates a flexible 18 to 36 month time schedule for street
reconstruction projects prior to final approval and;
WHEREAS, the fifth recommendation is, integrate
certifying our MSA road system as complete into the City' s
overall project improvement plan and;
WHEREAS, the sixth recommendation is, the City
considers bonding and / or creating interest bearing only funds
to contribute toward the City' s share of reconstruction costs
and;
WHEREAS, the seventh recommendation is, reduce the
property owners ' assessment from 506 to 20-256 on the
reconstruction project and;
WHEREAS, this Resolution will replace and nullify
Resolution No.4825, Resolution amending Resolution No. 4821,
Adopting Street Standards, adopted by the City Council on
September 26, 1995 .
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Mounds View does hereby approve the Streets
Committee ' s final report and recommendations and further adopts
the aforementioned recommendations for future street
reconstruction projects .
BE IT FURTHER RESOLVED that this Resolution will
replace and nullify Resolution No.4825, Resolution amending
Resolution No. 4821, Adopting Street Standards, adopted by the
City Council on September 26, 1995 .
Adopted this 9th day of August, 1999 .
ATTEST:
MAYOR
•
(SEAL)
CITY ADMINISTRATOR
C:\OFFICE\WPWIN\WPDOCS\RESOLUTI\5357.STR\wwpos
Item No. /0 E
Staff Report No.
Meeting Date: August 9, 1999
Type of Business: C.B.
WK: Work Session;PH:Public Hearing;
CA: Consent Agenda; CB:Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Michael Ulrich, Director of Public Works
• Item Title/Subject: Consideration of Resolution No. 5355, Approving and Supporting
the Construction of a Traffic Signal at the Intersection of Pleasant
View Dr. and Ramsey County Rd 10
Date of Report: August 5, 1999
For Council's consideration is Resolution No. 5359, Approving the Construction of a Traffic
Signal at the Intersection of Pleasant View Dr. and Ramsey County Rd 10. As discussed at
previous meetings, the City of Mounds View's participation in this project will be 12.5% of the
construction costs for the traffic signal. The remaining portions will be split by the City of Spring
Lake Park, Ramsey County, Anoka County and MnDot. Staff has made reduced copies of the
plan, which accompany's this report, although the larger print will be available at the meeting.
This resolution will also identify Mounds View's MSA account as our funding source.
•
M a 1 Ulrich, Director of Public Works
RESOLUTION NO. 5355
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
• STATE OF MINNESOTA
RESOLUTION SUPPORTING AND APPROVING THE CONSTRUCTION OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF
PLEASANT VIEW DRIVE AND RAMSEY COUNTY ROAD 10
WHEREAS, the City Council of the City of Mounds View
is in support of and approving the construction of a traffic signal
at the intersection of Pleasant View Drive and Ramsey County Road
10 and;
WHEREAS, the City of Mounds View has been requested
to contribute to the cost of said project which amounts to 12 . 596- or
approximately $16, 500 . 00 and;
WHEREAS, the City will utilized MSA funds to fund
• its ' contribution to the project .
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Mounds View supports and approves the construction
of a traffic signal at the intersection of Pleasant View Drive and
Ramsey County Road 10 and authorizes the expenditure of MSA funds
for the City' s contribution to the cost of the project .
Adopted this 9th day of August, 1999 .
ATTEST:
MAYOR
(SEAL)
CITY ADMINISTRATOR
Item No. /OF
Staff Report No.
Meeting Date: August 9, 1999
Type of Business: CB
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: Request to reconsider Resolution 5349, a resolution approved on
July 26, 1999, allowing for an automobile rental facility to operate
at 2975 Highway 10 with stipulations.
Date of Report: August 4, 1999
Discussion:
The City Council approved a conditional use permit for Thrifty Car Rental (Resolution 5349) at
its last regular meeting on July 26, 1999. The applicant representing Thrifty was not present for
the discussion and eventual passing of the resolution, which included a stipulation prohibiting
panel trucks, RVs and trailers from being parked on the lot. The applicant is requesting that the
Council reconsider this provision.
Attached for your reference is the approved Conditional Use Permit (Resolution 5349) as well as
a letter from the applicant.
Staff has consulted with the City Attorney, who indicated that if it were the Council's desire to
reconsider this resolution, a public hearing would need to be held, in accordance with State •
Statutes and our own City Code. Furthermore, if it is the Council's desire to grant such an
amendment hearing, staff would stipulate that all the applicant be responsible for all associated
fees, to be paid in advance.
Recommendation:
Two options are presented for the Council's pleasure in response to this request:
1. Move to deny the applicant's request for an amendment to Resolution 5349.
2. Move to reconsider Resolution 5349, directing staff to set the public hearing date, publish
the required notice with the newspaper and mail notices to residents within 350 feet of the
property.
\L-4/14-44 &fe4.A4- 7-
James Ericson, Planning Associate
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
Paget
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 may be 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 1.e:
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:
1. 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 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 signage within the building's interior, there shall be no signage
allowed pertaining to the sale of vehicles. A vehicle may display a"for sale" sign
limited to_1 01/2 square feet only if said signage is restricted to the interior of the
vehicle.
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
City Forester recommendations and as approved by the City Administrator.
10. The parking of panel trucks, RVs, or trailers upon the premises for rent or sale
shall be prohibited.
Thrifty Auto Rental
Resolution 5349
July 26, 1999
Page 5
11. 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.
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 26st day of July, 1999.
•
Dan Coughlin, Mayor
Attest:
Charles S. Whiting, City Clerk/Administrator
(Seal)
N:\DATA\GROUPS\COMDE V\DE VCASES\562-9915349CC.RES
A.MacFrugal Co.
Licensee
2401 E.79th St.
Bloomington,MN 55425
612 854 8080
Out of Town Reservations:
1-8Q0-FOR-CARS"'
illeatifffilur
I ZEE IS CarRental
August 05, 1999
City of Mounds View
- 2401 Highway 10
Mounds View, Mn 55112-1499
Dear Mr. Ericson,
We are very excited about receiving approval for our little Thrifty Car Rental lot on Highway 10. As you
are aware, we also rent Cargo Vans and 15 Foot Box Trucks. The Council added, as one of it's
conditions, that we not park panel trucks on the premises. We would like to ask you to reconsider this
condition. We would not have any Trailers or RV's at this location, but 2 or 3 vans could be there at one
time. I have enclosed some pictures of our trucks for your review.
Thank you again for all of your help.
Sincerely,
Ti r oe
,pi
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Item No. /6 41.
•
Staff Report No.
Meeting Date: August 9, 1999
Type of Business: C.B.
WK: Work Session;PH:Public Hearing;
CA: Consent Agenda; CB:Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Michael Ulrich, Director of Public Works
Item Title/Subject: Consider Resolution No. 5359, Accepting Jurisdictional Transfer of
Ramsey County Road I from West County Line to Silver lake Road
From Ramsey County
Date of Report: August 5, 1999
Presented for Council's consideration is Resolution No. 5359 Accepting Jurisdictional Transfer
of Ramsey County Road I from West County Line to Silver lake Road From Ramsey County.
Pursuant to the 1991 Minnesota Legislative action that enabled the restructuring of the State's
highway system, Ramsey County is transferring authority of County Road Ito the City of
Mounds View. This segment of roadway not longer serves a function of a County Trunk
Highway. The turn back will be official pending the completion of the recycle and overlay
project currently in progress. Also included in the program and stated in the resolution, is the
City's capability to add the additional turnback mileage to the current Minnesota State Aid
System (MSAS).
Mic ael Ulrich, Director of Public Works
RESOLUTION NO. 5359
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ACCEPTING JURISDICTIONAL TRANSFER OF
COUNTY ROAD I FROM WEST COUNTY LINE TO SILVER LAKE ROAD
FROM RAMSEY COUNTY
WHEREAS, the 1991 Minnesota Legislature established a Ramsey County Local
Governmental Services Study Commission to report on the advantages and disadvantages of
sharing, cooperating, restructuring, or consolidating activities in areas of public service including
public works; and
WHEREAS, the consolidation plan provides for reclassification of roadways and
corresponding changes in jurisdiction including the transfer of local and State Aid roadways
between the County and municipalities; and
WHEREAS, County Road I (County Road 82) from West County Line to Silver Lake
Road, located in the City of Mounds View, is presently under the jurisdiction of Ramsey County
as a County road; and
WHEREAS, this roadway has been determined to serve a local function only; and
WHEREAS, revocation of County road status may be accomplished by resolution of the
Ramsey County Board of Commissioners pursuant to Minnesota Statutes '163.11; and
WHEREAS, it appears to the City Council of the City of Mounds View that the street
hereinafter described upon turnback from Ramsey County should be designated a Municipal State
Aid Street under the provisions of Minnesota Law; and
WHEREAS, Ramsey County and the City of Mounds View entered into Agreement
95021 authorizing the City of Mounds View to perform road maintenance services on 3.63 miles
of County roadways schedule for turnback to the City of Mounds View; and
WHEREAS, the transfer of jurisdiction over County Road I (West County Line to Silver
Lake Road) from the County to the City completes the transfer of turnback roads identified in
Agreement 95021 thereby nullifying Agreement 95021; and
WHEREAS, the consolidation plan stipulates that Ramsey County shall improve the
roadways to acceptable levels prior to transferring jurisdiction over roadway segments from
Ramsey County to municipalities, and the Ramsey County Capital Improvement Program
provides funding for these improvements; and
Resolution No. 5359
August 9, 1999
Page Two of Two
WHEREAS, Ramsey County will recycle and overlay County Road I from the West
County Line to Silver Lake Road in 1999 for an estimated cost of$70,000 from Capital
Improvement Funds for Ramsey County Roadway Consolidation;
NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View does hereby
concur with Ramsey County Board of Commissioners revoking the "County Road" status of
County Road I (County Road 82) from the West County Line to Silver Lake Road, and
transferring jurisdiction over the roadway to the City of Mounds View, effective the first day of
the first month following completion of the recycle and overlay of County Road I, and after the
Ramsey County Office of Budgeting and Accounting has encumbered the funds necessary to fund
the recycle and overlay project, and after the County is in receipt of an adopted resolution from
the City of Mounds View concurring with the County revoking the "County Road" status of
County Road I from West County Line to Silver Lake Road;
BE IT FURTHER RESOLVED that upon turnback to the City of Mounds View from
Ramsey County the segment of County Road I from the West County Line to Silver Lake Road
be, and is hereby established, located and designated a Municipal State Aid Street of said City,
subject to the approval of the Commissioner of Transportation of the State of Minnesota;
BE IT FURTHER RESOLVED that Agreement 95021 between Ramsey County and the
City of Mounds View is nullified by the transfer of jurisdiction over County Road I from the West
County Line to Silver Lake Road;
BE IT FINALLY RESOLVED that Mounds View Engineer is authorized within the limits
of this resolution to take actions necessary to have the identified jurisdiction change executed.
Adopted this 9th day of August, 1999.
Dan Coughlin, Mayor
(SEAL)
Charles S. Whiting, City Clerk-Administrator
Item No. lb 11
Staff Report No.
Meeting Date: August 2, 1999
Type of Business: W.K.
WK: Work Session;PH:Public Hearing;
CA: Consent Agenda; CB: Council Business
. City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Michael Ulrich, Director of Public Works
Item Title/Subject: Consideration of Resolution No. 5192 Revoking Municipal State Aid
Street Status
Date of Report: August 5, 1999
As discussed at the August 2, 1999 Council work session, Co. Rd I is currently a MSA street, but
can receive MSA designation from the turn back procedure. The current mileage for this segment
can then be applied to a different segment of street elsewhere in the City should this be desired
and meet the warrants.
While searching for the resolution that would permit this, keeping in mind,that the resolution
received no Council action when first presented to the Council, staff found Resolution No. 5110,
Establishing a Municipal State Aid Street, which was for all segments of Spring Lake Road. This
resolution was adopted by the City Council unanimously on April 28, 1997. The resolution was
presented to the Council in conjunction with the turn back of Spring Lake Road. The resolution
was then sent to MnDot for action, although the Commissioner's approval has not been received
to date. The reason for the delay is that the City of Spring Lake Park must also designate their
portion of Spring Lake Road from Hillview Drive to Ramsey Co. 10.
Noting that the MSA designation has been a controversial issue, with many people's
interputation of the standards and funds in different version, I will attempt to explain the "what
if's" in a brief sentence or two. Further explanation can take place at the meeting. County Road I
is currently on the City's MSA system. Again, staff requested Council adopt a resolution
revoking the MSA status and adopting the turn back MSA status. This was merely a paper
procedure handled by MnDOT, which would enable the City to possibly utilize the mileage on
Co. I elsewhere in the City if appropriate. Spring Lake Road received prior Council approval for
• MSA designation and the City is waiting for the City of Spring Lake Park to designate their
segment and receive the Commissioner's approval.
Accepting the MSA status does not limit the City from complying with the MSA standards for
future projects. If the City wants to receive MSA funding for the project,then the standards must
be adhered to, or seek a variance if requested and applicable. If at the time of future construction
or pavement rehab, the Council or citizens do not want items required by the MSA standards,the
City could construct some alternative method and fund the project internally or through some
type of assessment. The money for construction is linked to the standards. Don't follow the
standards, and no MSA funds will be granted by MnDot. One can only speculate what the
standards or wishes of current and future residents will be. The MSA designation will provide a
City of Mounds View Staff Report
August 5, 1999
Page 2
choice for the project that will support funding the construction. In the mean time the City is
accruing funds for the entire MSA system of which some segments may be constructed to the
standards. The City's annual maintenance allotment will also be increased for the additional
mileage received from the turn backs. The estimated increase in the City's construction allotment
is approximately $18,980.00, with an estimated increase of$5,700.00 for maintenance.
There is one other component of this complicated issue,the "Request for Certification". The
acceptance of MSA designation of SLR will undoubtably prolong the City's certification
process. It is staff's opinion that a few current MSA streets will also not meet standards.
Remembering that Co. I is currently on the system and the fact that it has just been reconstructed,
hopefully will that segment will not require any rehab in the near future, will also extend the time
period in which the certification could be obtained.
If Council has any questions that this report does not address,please contact me so that I will
have ample time to research them if necessary.
Michael Ulrich, Director of Public Works
RECOMMENDATION: Council adopt Resolution No. 5192, Revoking Municipal State Aid
Street.
RESOLUTION NO. 5192
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION REVOKING MUNICIPAL STATE AID STREET
WHEREAS, it appears to the City Council of the City of Mounds View that the road
hereinafter described as a Municipal State Aid Street under the provisions of Minnesota Laws,
and;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MOUNDS VIEW, that the road described as follows,to-wit:
County Road I from Pleasant View Drive to Silver Lake Road
be and hereby is, revoked as a Municipal State Aid Street of said City subject to the approval of
the Commissioner of Transportation of the State of Minnesota, and;
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to
forward two certified copies of this resolution to the Commissioner of Transportation for his
consideration.
Adopted by the Council this 9th day of August, 1999.
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
RESOLUTION NO. 5110
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING A MUNICIPAL STATE AID STREET
WHEREAS, the City Council of the City of Mounds View
request that the Street herein after described should be designated
a Municipal State Aid Street under the provisions of Minnesota Law
and;
WHEREAS, the designation of these segments of
roadway, MSAS 244 - Spring Lake Road from Co. Rd. H2 to Co. Rd. I
(0 .48 miles) , Co. Rd. I to 45 feet No. of Hillview Rd. (0 . 30 miles)
and STH 10 to Co. Rd. J (0 . 69 miles) are Ramsey County Road
turnbacks and will interconnect adjoining MSA streets .
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Mounds View that the road described as follows, to-
wit :
MSAS 244 - Spring Lake Road from Co. Rd. H2 to Co. Rd. I (0 .48
miles) , Co. Rd. I to 45 feet No. of Hillview Rd. (0 .30 miles)
and STH 10 to Co. Rd. J (0 . 69 miles)
be, and hereby is established, located and designated a Municipal
State Aid Street of said City subject to the approval of the
Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the Clerk-Administrator
is hereby authorized and directed to forward two certified copies
of this resolution to the Commissioner of Transportation for his
consideration, and that upon his approval of the designation of
said road or portion thereof, that the same be constructed,
improved and maintained and known as Municipal State Aid Street
Adopted this 28th day of April, 1997 .
I
ATTEST: /
MAYOR
(SEAL)
(.0
CITY ' DM 1I'TRATOR
n.
Page 12
April28, 1997
Mounds View City Council
C. Consideration of Resolution 5110,Establishing a Municipal State Aid Street
Mike Ulrich explained that in conjunction with the Ramsey County Tumback Program,all turnback roads are
eligible for state aid status. Spring Lake Road is scheduled to be turned back in 1997 and Resolution 5110 will
establish this designation.
MOTION/SECOND: Quick/Trude to Approve Resolution NO.5110,Establishing a Municipal State Aid
Street
VOTE: 5 ayes 0 nays Motion Carried
G. Opportunity for Hearing and Consideration of Resolution No.5115,a Resolution Authorizing
Abatement of Nuisances at 8217 Long Lake Road.
Mr.Ericson explained that this property is in violation of the Mounds view Municipal Code pertaining to
nuisances. He noted the violations and presented photographs depicting such.
MOTION/SECOND: McCarty/Koopmeiners to Approve Resolution No.5115,a Resolution Authorizing
Abatement of Nuisances at 8217 Long Lake Road.
VOTE: 5 ayes 0 nays Motion Carried
H. Consider motion approving a settlement agreement with TR Systems,LLC for the purchase of
accounting software and authorize the Mayor and City Administrator to enter into said agreement for
and on behalf of the City.
L Consider motion approving a contract with Tauges Redpath to conduct the annual audit for the
year ended December 31, 1996.
Mr.Whiting explained that these are related to the discussion the City Council had at their recent work session
regarding the possibility of pending litigation.
Mr.Long explained that the motion in Item H will approve or authorize the Mayor and City Administrator to
enter into a settlement agreement. The city would be refunded a portion and a portion would be retained by
them to cover their costs of time and material. This is an acceptable arrangement to them. The second motion
would be to go out and finish off the 1996 audit with the firm. The second motion is therefore contingent
upon the first.
MOTION/SECOND: Koopmeiners/Quick to Approve the Settlement Agreement with TR Systems.
VOTE: 5 ayes 0 nays Motion Carried
MOTION/SECOND: Quick/Trude to approve a contract with Tauges Redpath to conduct the annual audit for
the year ended December 31, 1996.
VOTE: 5 ayes 0 nays Motion Carried
REPORTS: