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HomeMy WebLinkAboutAgenda Packets - 1996/11/25 O CITY OF MOUNDS VIEW CITY COUNCIL AGENDA NOVEMBER 25 1996 7.•00 p.m. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda,please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor"item on the agenda. Please state your name and address for the record All comments are appreciated A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE • 3. ROLL CALL - Linke Hankner _Blanchard Trude _Quick 4. Agenda Additions Item 1: Item 2: Item 3: 5. APPROVAL OF MINUTES: November 6, 1996 - Special Council Meeting COUNCIL ACTION: A T D Comments: AGENDA PAGE 2 NOVEMBER 25, 1996 November 12, 1996 -Regular Meeting COUNCIL ACTION: A T D Comments: November 18, 1996 - Special Council Meeting COUNCIL ACTION: A T D Comments: 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: EDC - September 26, 1996 - Regular Meeting October 24, 1996 -Regular Meeting October 29, 1996 - Special Meeting COUNCIL ACTION: A T D Comments: 7. SPECIAL ORDER OF BUSINESS: A. Approval of Resolution No. 5046 A Resolution of Commendation and Recognition to the 1996 Election Judges and Interim Deputy Clerk for a Successful General Election 8. CONSENT AGENDA A. Adopt Resolution No. 5050 Approving Just and Correct Claims Against City Funds. B. LICENSES FOR APPROVAL HVAC- Expires 6/30/97 Air Flow Systems Inc. -New Delmar Furnaces Exchanges, Inc. - Renewal COUNCIL ACTION: A T D • Comments: AGENDA PAGE 3 NOVEMBER 25, 1996 e9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR. Citizens'comments are encouraged to allow individual citizens to address the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens'Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link, a speaker is limited to three(3)minutes. CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 10. PUBLIC HEARINGS: 7: 05 p.m. Public Hearing and Consideration of Resolution No. 5041 approving a conditional use permit for the joint use of parking facilities at Mounds View Square Shopping Center at 2535-2585 Highway 10; Planning Case No. 461-96. Staff Report No. 1903C COUNCIL ACTION: A T D Comments: • 7:10 p.m. Public Hearing and Consideration of Resolution No. 5042 approving an amended conditional use permit and a development review for expansion of the Saturn Dealership at 2375 and 2395 Highway 10; Planning Case No. 464-96. Staff Report No. 1904C COUNCIL ACTION: A T D Comments: 7:15 p.m. Public Hearing and Consideration of Resolution No. 5047 approving a conditional use permit to allow outdoor sales of Christmas trees at Mounds View Square, 2535 Highway 10; Planning Case No. 467-96. Staff Report No. 1905C COUNCIL ACTION: A T D Comments: I AGENDA lb PAGE 4 NOVEMBER 25, 1996 11 . COUNCIL BUSINESS: A. Consideration to Purchase Water Tanks and Entrance Door. Staff Report No. 96- 1906C (Staff Presenter: Mike Ulrich, Public Works Director) COUNCIL ACTION: A T D Comments: B. Consideration of Ordinance 590, an Ordinance Relating to Setbacks for Parking Lots, Driveways, and Principal and Accessory Buildings; Minimum Lot Area for Non-Residential Uses listed as Conditional Uses in Residential Districts; the Continued Use of Non-Conforming Parking Lots for Non-Residential Conditional Uses in Residential Districts, and Amending Title 1100, Sections 1102.01, 1104.01, 1104.02, 1106.04, 1107.05, 1109.04, 1110.04, 1121.09, 1121.11, and 1123.02; Planning Case No. SP-008-96. Staff Report No. 96-1907C (Staff Presenter: Pam Sheldon, Community Development Director) COUNCIL ACTION: A T D • Comments: ROLL CALL VOTE Mayor Linke Councilmember Trude Councilmember Blanchard Councilmember Hankner Councilmember Quick C. Introduction of Ordinance 592, An Ordinance Relating to Manufactured Home Park Closings and Amending Title 1000 by Adding a New Chapter 1011 of the Mounds View Municipal Code; Planning Case No. SP-010-96. Staff Report No. 96-1908C (Staff Presenter: Pam Sheldon, Community Development Director) COUNCIL ACTION: A T D Comments: • AGENDA PAGE 5 NOVEMBER 25, 1996 D. Consideration of Resolution No. 5052 Authorizing Staff to Begin Negotiations for a Temporary Lease Arrangement with Children's Home Society of Minnesota for space in Bel-Rae Facility. Staff Report No. 96-1909C (Staff Presenter: Chuck Whiting) COUNCIL ACTION: A T D Comments: E. Consideration of Resolution No. 5051 Approving the City's Formal Written Objections to the Metropolitan Airports Commission's Proposed Draft Long- Term Comprehensive Plan Update dates July 1996 for the Anoka County-Blaine Airport. Staff Report No. 96-1910C (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: • F. Consideration of Resolution No. 5053 to Authorize Entering the North Metro I- 35W Corridor Coalition Joint Powers Agreement. Staff Report No. 96-1911C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: 12. REPORTS: 1. Report of Councilmembers: Trude: Hankner: Blanchard: Quick: 2. Report of Mayor Linke: I • AGENDA PAGE 6 6 NOVEMBER 25, 1996 3. Report of Clerk Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORKSESSION: MONDAY, DECEMBER 2, 1996, 6:00 P.M. PROPOSED 1997 BUDGET AND PROPERTY TAX LEVY: WEDNESDAY, DECEMBER 4, 1996, 6:00 P.M. NEXT COUNCIL MEETING: MONDAY, DECEMBER 9, 1996, 7:00 P.M. ADJOURNMENT: ?let Page 1 • October 29, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting October 29, 1996 Mounds View City Hall 2401 Hwy. 10,Mounds View,MN 55112 ********************************************************************************** CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on October 29, 1996. 110 PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Council members Trude,Quick Blanchard,and Hankner MEMBERS ABSENT: None ALSO PRESENT: Chuck Whiting,City Administrator Bruce Kessell,Finance Director Pam Sheldon, Community Development Director Bob Long,City Attorney ADDITIONS TO THE AGENDA: Ms. Sheldon asked that Resolution No.5036,Denying a Conditional Use Permit for the New Apostolic Church to Construct a Church Facility at 3025 County Road H,and Resolution No.5037 Denying a Development Review for the New Apostolic Church to Construct a Church Facility at 3025 County Road H be added to the Agenda to replace Item 10 and Item 11(A). APPROVAL OF MINUTES: a. October 14, 1996 Regular City Council Meeting. • MOTION/SECOND: Blanchard/Trude to approve the minutes of the October 14, 1996 Regular City Council Meeting as presented. Page 2 October 29, 1996 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried ACCEPTANCE OF ADVISORY COMMISSION MINUTES: EDC Minutes-August 22,1996 and Planning Commission Minutes for August 7,September 4 and September 18, 1996. MOTION/SECOND: Trude/Hankner to accept the EDC Minutes for August 22, 1996 and the Planning Commission Minutes for August 7, September 4 and September 18, 1996. VOTE: 5 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: There was no Special Order of Business scheduled for this meeting. CONSENT AGENDA: Mr. Whiting,City Administrator read the Consent Agenda as follows: • A. Approval of Resolution No. 5031,Approving Just and correct Claims Against City Funds. B. Declaration of Surplus Items. C. Set Public Hearing for 7:05 p.m.,Monday,November 12, 1996 to Consider Ordinance No.590,an Ordinance Relating to Setbacks for Parking Lots,Driveways and Principal Accessory Buildings;Minimum lot area for Non-Residential Uses Listed as Conditional Uses in Residential Districts,the Continued Use of Non-Conforming Parking Lots,and Amending Title 1100, Sections 1102.01, 1104.01, 1104.04, 1106.04, 1107.05, 1109.04, 1110.04, 1121.09, 1121.11 and 1123.02. D. Approval of Resolution No. 5032,Reclassifying the Position of Economic Development Coordinator to Economic Development Director. E. Licenses for Approval: HVAC: Central Plumbing-New CDM Heating and Air Conditioning-New More's Burner Service,Inc.-Renewal Vern's Service and Supply-Renewal General Construction(Commercial)-New James Steele Construction Company Asphalt-New . Lazer Asphalt,Inc. • Page 3 October 29, 1996 Mounds View City Council Siding-New Season's View Window and Door,Inc. Mr.Whiting stated he would like to remove Item D from the Consent Agenda until he is able to get further information together. Ms.Blanchard asked that Item B be removed from the Consent Agenda for discussion. MOTION/SECOND: Hankner/Quick to Approve the Consent Agenda AS AMENDED. VOTE: 5 ayes 0 nays Motion Carried Discussion on Item B of the Consent Agenda: Ms.Blanchard asked if the Surplus Equipment referred to equipment only at City Hall or if it also included equipment from the Bel Rae facility. Mr. Whiting stated he believed the equipment reported in this memo was strictly from City Hall. The other memo from Mary Saarion which was included in the Agenda packet detailed equipment from the Bel Rae facility. Ms.Blanchard stated she would like the Council to have an opportunity to review the Surplus Equipment and discuss it before it is placed on the Consent Agenda. Mr. Whiting stated this would also be his desire and he would like to have a policy adopted for surplus equipment. In reference to the memo from Mary Saarion,he stated at this time this list was provided for Council's information. MOTION/SECOND: Trude/Hankner to Table Item B of the Consent Agenda for further discussion at the November 4, 1996 Work Session. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to the Council on items that were not on the Agenda. Bill Siercks,2210 Pinewood Drive,in reference to a Letter to the Editor which appeared in the local newspaper,asked if Ms.Hankner's resignation is due to more than just her job change. From the article, it appeared that perhaps it was a result of opposition to another council members views on an issue. Ms.Hankner stated she resigned primarily due to the job change which requires her to be out of town much of the time. • Page 4 • October 29, 1996 Mounds View City Council Mr. Siercks asked if Ms.Trude and the rest of the Council members approved of Ms.Hankner's resignation to avoid the cost of a Special Election. Furthermore,he felt that if Council members run for a four year office,they should stay on for the full term they were elected for. Ms.Trude explained that the Council has followed the City Charter and State Statutes in regard to Ms. Hankner's resignation. Mr.Bob Long,City Attorney provided information in regard to the state laws and city charter requirements for filling the vacancy. Cameron Obert, 8315 Greenwood Drive,stated he was very disappointed that more of the candidates for Council were not present at the City Council meeting. He stated a Council Candidate's first priority should be what is best for Mounds View. Bruce Brasaemle,5127 Long Lake Road,stated he felt it was unfair that residents were not given an opportunity to file for Ms.Hankner's council position. Ms.Hankner's resignation came in after the filings for office were closed. He felt the Council should have opened a small window to allow for others to file for office after the resignation was accepted. Mr.Long gave a brief statement,describing those areas in both the City Charter and State Statutes which directly related to this. The Council has followed the correct procedure and if this is an issue that does not appear fair,the Council and Charter Commission should take a closer look at it for future cases. • Sandra Gerlach,2200 Kingsway Lane, Townsedge Park,stated a few years back,residents approached the Council asking for a Park Closing Ordinance at their mobile home park. Mr.Long gave a brief update as to the status of the Ordinance. It was decided that this would be discussed further at the November work session and determine a date for the Public Hearing. PUBLIC HEARINGS: The Public Hearing scheduled for 7:05 p.m.was canceled. COUNCIL BUSINESS: A) Consideration of Adoption of Resolution 5036,Denying a Conditional Use Permit for the New Apostolic Church to Construct a Church Facility at 3025 County Road H,and Resolution No. 5037, Denying a Development Review for the New Apostolic Church to Construct a Church Facility at 3025 County Road H. (Please note change from original Agenda.) Mr. Bob Long,City Attorney,explained that the applicant for the Conditional Use Permit and Development Review was Stahl Construction on behalf of the New Apostolic Church. At this time,they no longer have a legal property interest in the site so they are not an eligible applicant. This was confirmed with both the Church,the construction company,and the Contract-for-Deed Owner. It would be appropriate therefore to deny the requests as the applicant has not withdrawn the applications. MOTION/SECOND: Quick/Trude to approve Resolution 5036,Denying a Conditional Use Permit for the New Apostolic Church to Construct a Church Facility at 3025 County Road H,and to approve Resolution • Page 5 October 29, 1996 Mounds View City Council No. 5037,Denying a Development Review for the New Apostolic Church to Construct a Church Facility at 3025 County Road H. VOTE: 5 ayes 0 nays Motion Carried B) Consideration of the Adoption of Ordinance No.96-591 Related to Licensing,Amending Title 500,Chapter 502 and 503,Sections 502.03,502.06,502.07,503.03,503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. MOTION/SECOND: Hankner/Link to remove this item from the Table. VOTE: 5 ayes 0 nays Motion Carried Mr. Long explained that this Ordinance was brought before the Council previously and changes have been made as requested by the Council to include the two specific addresses(Bel Rae site and the golf course site),and to insert the insurance requirements as recommended by the City's insurance carrier. MOTION/SECOND: Blanchard/Trude to Approve the Adoption of Ordinance No.96-591 Related to Licensing,Amending Title 500,Chapter 502 and 503, Sections 502.03,502.06,502.07,503.03,503.06 • and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. ROLL CALL VOTE: Mayor Linke yes Council member Trude yes Council member Blanchard yes Council member Hankner yes Council member Quick yes Motion Carried(5 -0) C. Presentation of the Proposed 1997 City Budget. Mayor Linke explained that the staff still has a considerable amount of work to complete on the 1997 budget. Basically,the information is much the same as what was presented to the County in Mid- September for the Truth in Taxation information. The delays in the budgeting process have been a result of changeover in staff. Mr. Whiting noted that the purpose of this information meeting is to allow residents to give input in the budget process. He provided information in regard to the city's overall objectives,the city's budgeting and accounting methods and the fiscal objectives to the city. He noted that the final Public Hearings for the budget will be held in early December. Mr. Bruce Kessell,Finance Director,provided the residents with a rather detailed overview of the revenues for all of the funds in the city as well as the proposed 1997 expenditures. He provided information as to • changes which were made in the proposed budget from the 1996 budget and explained the reasons for such changes. Page 6 • October 29, 1996 Mounds View City Council Ms.Trude noted that a decrease was made in the amount allocated for Code Enforcement in 1997. Mr.Kessell explained that the number of people in Code Enforcement has remained the same. Ms. Sheldon stated she feels the 1997 proposed figure is more accurate in depicting how much time is actually being spent on code enforcement in the city. Ms.Trude stated she believes the Council's original intent was to hire someone just to oversee Code Enforcement. Unfortunately,there has been such a demand for help in the Community Development Department,that much of the time that should be dedicated to code enforcement is being spent on Planning Department activities. Ms. Sheldon explained that discussions with Joyce Pruitt indicated that on an average she was spending approximately two to three days per week during the Summer months on code enforcement,however that was reduced during the Winter months. Staff must consider if the city should take a more pro-active or re-active approach toward code enforcement. If staff is to take a more pro-active approach,the time spent in this area will undoubtedly increase. Cameron Obert, 8315 Greenwood Drive,stated he recently took a drive around the city and feels there are more code violations alone than one full-time person can handle. He feels the department needs more staff • to enforce the codes and this should definitely be taken into consideration when preparing the 1997 budget. Mr. Bruce Brasaemle stated he feels the amount allocated for code enforcement is inadequate. He noted that by enforcing the code,properties will be improved,thus increasing property values which intum brings in more revenue to the city. Perhaps this increase in revenue will be enough to offset the cost of hiring an additional staff person to handle the code enforcement. Fritz Gastreich, 5030 Bona Road,asked what is considered a"boulevard" in regard to tree trimming,and also how much the new water meters have increased the revenues from the old system due to improved efficiency. Mayor Linke explained that the boulevard is generally the first fifteen feet from the street,depending upon where the street is in relation to the right-of-way. He also explained that it is really too early to tell whether the new meters have increased the revenues and furthermore,those revenues do not go into the general fund,they go into the water fund. Cameron Obert, 8315 Greenwood Drive,asked how long residents can expect to continue paying the extra fee for the new water meters. Mr.Kessell explained that the fees bring in approximately$50,000 per year. It was felt the time frame would be three to five years. Don Hereau,2260 Buckingham Lane,Townsedge Terrace,stated he does not like to live next to property that is not kept up. He feels improving the properties will increase revenues for the city. • r . • Page 7 October 29, 1996 Mounds View City Council Ms. Sheldon stated she has been working with the City Attorney to determine whether or not the city can use the existing housing code in the mobile home parks. Mr.Kessell provided additional information in regard to the city's 1997 debt service activity. He also talked about the impact that the changes would have on the average homeowner in Mounds View. Ms.Hankner noted that the Council undertook two major projects within the last year(Bel Rae property and the pedestrian bridge). The funds for the pedestrian bridge were actually allocated last year,and she wondered if this would be carried over. Mr.Kessell explained that the city set up a fund for the bridge and those funds have not been spent so they have been carried over as an anticipated expenditure for 1997. Ms.Hankner stated she felt the city should be anticipating expenditures in the budget relative to operating and making capital investments for the Bel Rae facility. Mr.Kessell explained that this was included within the General Fund. Ms.Hankner stated if the city does not reflect any kind of direction in the budget for capital investment on the Bel Rae,she wondered if the city would automatically use Tax Increment Financing funds. Mayor Linke explained that these issues will all be discussed at the next work session. Duane McCarty, 8050 Long Lake Road,asked what types of activities are allowed under the Tax Increment laws for the use of excess TIF funds. Mr.Whiting stated staff has been looking into this. Improvements to be made on the site are generally accepted expenditures for TIF. They are also looking at other options which may be available for the use of the TIF funds. REPORTS: Report of Council members: Trude: Ms.Trude noted that she had attended the Halloween Party which was attended by approximately 300 children and their parents. She thanked those who worked in making it such a success. Hankner: No report. Blanchard: No report. Quick: No report. Report of Mayor Linke: No report. S I • Page 8 October 29, 1996 Mounds View City Council Report of Administrator: Mr.Whiting noted that a meeting will need to be scheduled for the purpose of canvassing the election results and he wondered if the Council may want to reschedule the work session for that same time. MOTION/SECOND: Quick/Trude to schedule a meeting for November 6, 1996 at 5:30 p.m.for the purpose of canvassing the election results and to leave the Council Work Session as scheduled for November 4, 1996. VOTE: 5 ayes 0 nays Motion Carried Report of Staff: No report. Report of Attorney: No report. The next Council Work Session will be held on Monday,November 4, 1996. The next Regular Council Meeting will be held on Monday,November 12, 1996. Mayor Linke adjourned the meeting at 9:30 p.m. Respectfully submitted, 410 la/kKata_satoxv#4 Tamara D. Saefke Recording Secretary I y MOUNDS VIEW CITY COUNCIL MEETING t O(frosI2 zy. 1 b 99' • Please sign ?14M2 ' TRS NAME ADDRESS r;/-, t-3 //77(14/ h .'.1` G' ANG Cion, 5 Q ? 5 C.RJ. 4 . Jvivi C.i I,tie.s r7S Co at" t ,47---2,_4, - (29,..,-- co .. ,f . A/ if j�Cr .g i v,L,,,,,j S 2 /` J /`j Kb_ Cool- 7 ;I e ci5i-wool ggcL :13(1/ -5/et r tAi - ? i 0 )2//we teio., a!l)-- .. 4 6)0.3,:j Zz-Sf gkce(AlgliA,K? ZA). e..4i �4/e- l z-2‘' "&c-f414-/G.-4-4-4-4 i .ii' .h vyd CPr- 1ac4. 4400 Algin rk, a /, k .. ,vi, geeLh(_ J.9,o6 kis +-o/4?y k.41 - Duii,-ve,li,i(o_ a 8060 j..o L-A-lcc (2-ct • ,7Gci f►,,/ /plc' ). 441:NN /-4/76'1577`. Jew vi):--- DA/ 1-im K. 0,1 re,24ol iyfy`w- lv A;Th 445JRL i C// 6-0, 10 S oN Rd . e4 i..t, ---- . 7t,i, / c/'ell ‘.;43 d pi e4 SNI V) yctt OA'. iy...eee,‘,/ c Oelc-ZeD bq co 0.6„,„„„4 (),(1,..,-, 0 ,-, ,,,,,--,,,,,-,,- am.47-- ocr)/f- -,,,,z-,_..,,,„, ,e7,,_ i ITEM 7.A RESOLUTION NO. 5046 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF COMMENDATION AND RECOGNITION TO THE 1996 ELECTION JUDGES AND INTERIM DEPUTY CLERK FOR A SUCCESSFUL GENERAL ELECTION WHEREAS, the Election Judges and Interim Deputy Clerk have successfully completed the 1996 General Election; and WHEREAS, the Election Judges and Interim Deputy Clerk deserve special recognition from the governing body and the employees of Mounds View for their committed service to the City of Mounds View; and WHEREAS, the exceptional quality service has continued to be ip provided to residents and customers throughout the transitional period with changing City staff; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, on behalf of the elected officials, employees and citizens, appreciation and gratitude is hereby extended to the Election Judges and Interim Deputy Clerk for their devotion to the City of Mounds View. Adopted this 25th day of November, 1996 Mayor Linke Councilmember Hankner Councilmember Blanchard Councilmember Quick Councilmember Trude Clerk-Administrator Whiting CITif REQUEST FOR COUNCIL CONSIDERATION Agenda Section r . STAFF REPORT Report Number: q - iq 03C Report Date: 11/21/96 • CITY COUNCIL MEETING DATE • — ;tYi November 25, 1996 Special Order of Bus. pr Pa S Consent Agenda X Public Hearings Council Business Item Description: Public Hearing and Consideration of Resolution No. 5041 approving a conditional use permit for the joint use of parking facilities at Mounds View Square Shopping Center at 2535-2585 Highway 10; Planning Case No. 461-96 Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The applicant, Mounds View Assoc. LLP, owns the Mounds View Square Shopping Center. They are anticipating an expansion of the shopping center to include 5,000 additional feet of retail space, and two dinner house style restaurants which would replace Bridgeman's and Hardee's. There are 477 parking spaces on the site. The expansion will result in 23 parking spaces being eliminated, leaving 454 parking spaces on site. The Planning Commission has approved a variance in the parking ratios which would be applied to the retail space and the dinner house restaurants such that 492 spaces are required for the shopping center with the expansion. . he applicant is requesting a conditional use permit for the joint use of parking facilities at the Mounds View Square Shopping Center as is provided in Section 1121.15 of the Zoning Code. This section allows parking requirements to be adjusted where there are two or more uses located on the same property which have offsetting parking demands, i.e. certain uses are primarily daytime uses and other uses are primarily nighttime or Sunday uses. Uses listed as primarily daytime uses are: • banks,business offices,retail stores,personal service shops,household equipment or furniture shops,clothing or shoe repair or service shops,manufacturing,wholesale and similar uses. Uses listed as primarily nighttime or Sunday uses include: • auditoriums incidental to a public or parochial school,churches,bowling alley,dance hall,theaters,bar or restaurant. Section 1121.15 allows 50% of the off-street parking facilities needed for nighttime and Sunday uses to be provided by the parking provided for daytime uses, and 50% of the off street parking facilities needed for daytime uses to be provided by the parking provided for nighttime and Sunday uses. Mounds View Square includes both types of uses. The reduction from 492 to 454 parking spaces represents an 8% allowance for joint parking. The criteria for granting this type of conditional use permit are stated in Section 1121.15 Subd. 1.b(6). These criteria appear in City Council Resolution No. 5041, along with findings as to how the criteria are met (see attached resolution). 111 RECOMMENDATION: The Planning Commission, on a vote of 7 ayes and 0 nays, and the staff recommend approval of this conditional use permit. A copy of Planning Commission Resolution No. 486-96 is attached. Mayor and City Council • Planning Case No. 461-96 November 25, 1996 Page 2 411 Included with this report is site plan showing Mounds View Shopping Center with the square footages for each of the tenant spaces and the proposed restaurants. A summary of the existing and proposed square footages are noted below: Existing Existing+Expansion Use Square Footage Square Footage Retail: 62,005 66,005 (+4,000) Storage: 16,645 17,645 (+1,000) Dining: 8,050 11,290(+3240 net) Kitchen: 6,060 7,320 (+1260 net) Mall/Maintenance/Restrooms 9,275 9,275 Total 102,035 111,535 The Planning Commission felt that the 477 spaces on site were adequate to serve the existing square footages, and that the parking demand for the expansion should be determined based on subtracting and adding parking requirements using the 477 spaces as a base. The parking ratios approved by the Planning Commission for use in calculating the effect of the expansion are as follows: Retail Space 4.5 spaces per 1000 square feet Storage no requirement Dinner House Restaurant 1 space/80 feet of dining area or kitchen area • Fast Food Restaurant 1 space/40 feet of dining; 1 space/80 feet of kitchen The parking demand was calculated as follows: Base 477 spaces Retail +4,000 sq. ft. x 4.5/1000 sq.ft. = +18 Storage +1,000 sq.ft. N/A Dining -4,800 sq.ft. in fast food x 1/40 sq.ft. = -120 +8040 in dinner house x 1/80 sq.ft. _ +101 Kitchen -2700 sq.ft. in fast food x 1/80 sq.ft. _ - 34 +3960 sq.ft. in dinner house x 1/80 sq.ft. _ + 50 • 492 The Planning Commission and staff concluded that the difference between the parking required (492) and the parking available with the expansion(477-23 =454) could be addressed through joint use between daytime and nighttime uses of 8% of the parking spaces. diVY\AAAA-- 1P11/WAL Pamela Sheldon, Community Development Director RESOLUTION NO. 5041 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE JOINT USE OF PARKING FACILITIES AT MOUNDS VIEW SQUARE SHOPPING CENTER AT 2535-2585 HIGHWAY 10; PLANNING CASE NO. 461-96. WHEREAS, Mounds View Square Assoc. LLP has applied for a conditional use permit to allow joint use of parking facilities at Mounds View Square Shopping Center at 2535-2585 Highway 10, which property is described as follows: Part lying northeasterly of the centerline of State Trunk Highway 10 of NE 1/4 of N 1/4(Subject to Roads and Highways) in Section 7, Township 30, Range 23 WHEREAS, the Mounds View Square Shopping Center is located in the B-3 zoning district; and, WHEREAS, the site plan for the Mounds View Square Shopping Center was approved in 1989 which the provision of 503 parking spaces; and, 111 WHEREAS, the property owner obtained approval of a variance in parking requirements to allow the use of 26 parking spaces for construction of trash dumpster enclosures, which resulted in the reduction of parking on the site from 503 to 477 spaces; and, WHEREAS, the City has determined by previous decisions that the 477 parking spaces are sufficient to provide parking for the square footages and uses approved for the Mounds View Square Shopping Center; and, WHEREAS, the property owner is proposing to make the following changes in square footages and uses on the site at some time in the future: Existing Existing+Expansion Use Square Footage Square Footage Retail: 62,005 66,005 (+4,000) Storage: 16,645 17,645 (+1,000) Dining: 8,050 11,290(+3240 net) Kitchen: 6,060 7,320 (+1260 net) Mall/Maintenance/Restrooms 9,275 9,275 Total 102,035 111,535 s City Council Resolution No. 5041 November 25, 1996 • Page 2 WHEREAS, the changes in square footages result from the removal of the Hardee's and Bridgeman's Restaurants (4,800 sq.ft. in dining and 2,700 sq.ft. in kitchen) and the addition of two larger dinner house style restaurants, and the addition of 4,000 square feet of retail space and 1,000 square feet of storage space in the main retail building; and, WHEREAS, the Mounds View Zoning Code allows for a conditional use permit to be granted for joint use of parking where there are offsetting daytime and nighttime uses; and, WHEREAS, the Mounds View City Council has reviewed the following materials submitted by the applicant as part of this conditional use permit request: 1. planning application 2. zoning map 3. site plan showing square footages at Mounds View Square 4. letter from Paster Enterprises dated October 3, 1996 WHEREAS, the Mounds View City Council does hereby make the following findings of fact regarding the requirements for granting of a conditional use permit for joint use of parking as set forth in Section 1121.15 Subd. 1.b.(6) of the Mounds View Zoning Code: (a) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred feet (300')of such parking facilities and not separated by a public way. All of the uses proposed as part of this joint parking arrangement are also part of a coordinated shopping center. Because of the distribution of retail space and the parking, it is feasible for customers to find parking within 300.feet of their destination. A condition has been included in this recommendation of approval that would require employees to park in spaces behind the main retail building, to assure that the maximum parking is available for customers. (b) The applicant shall show that there is not substantial conflict in the principal operating hours of the two(2)buildings or uses for which joint use of off-street parking facilities is proposed. The Zoning Code acknowledges that restaurants are primarily nighttime uses, and retail businesses are primarily daytime uses. It should also be noted that, because of its size and the variety of tenants, customers at Mounds View Square would be expected to combine trips and use several different businesses. An allowance for some overlap in parking requirements is logical in a shopping center of this size. (c) A properly drawn legal instrument,executed by the parties concerned for joint use of off- • street parking facilities,duly approved as to form and manner of execution by the City City Council Resolution No. 5041 • November 25, 1996 Page 3 Attorney,shall be filed with the City Clerk-Administrator and recorded with the Register of Deeds,Ramsey County. A condition has been included in this recommendation of approval that joint parking and access easements be recorded against the property for the benefit of all tenants prior to any development reviews being approved or building permits being issued for the proposed expansion or the dinner house restaurants. WHEREAS, the Mounds View City Council does hereby find that the criteria for granting of a conditional use permit for joint use of parking have been met. WHEREAS, the Planning Commission has granted a variance in the parking ratios which apply to the uses in Mounds View Square such that the parking required for the expanded shopping center would be 492 spaces (Resolution No. 485-96;Planning Case No. 463-96). The approval of the revised parking ratios is a prerequisite to City Council approval of this conditional use permit for joint use of parking facilities. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the conditional use permit for joint use of parking facilities at Mounds View • Square Shopping Center with the following conditions: 1. The parking ratios applicable to the addition and deletion of square footage proposed by the applicant in Planning Case No. 461-96 and 463-96, and as shown in#2 below, shall be as follows: Retail Space 4.5 spaces per 1000 square feet Dinner House Style Restaurants 1 space per 80 square feet of dining or kitchen area Storage,Etc no parking requirement for areas in storage,maintenance, restrooms or the enclosed mall area 2. The existing 477 parking spaces on the property are deemed adequate to serve the square footage and uses in place as of this date, which include the following: Existing Use Square Footage Retail: 62,005 Storage: 16,645 Dining: 8,050 Kitchen: 6,060 Mall/Maintenance/Restrooms 9,275 • Total 102,035 City Council Resolution No. 5041 November 25, 1996 • Page 4 3. Prior to issuance of any building permits for changes in square footage at the Mounds View Square Shopping Center, other than interior remodeling, the property owner shall obtain approval for development review as provided in Section 1006.06 of the Mounds View Municipal Code. 4. The reduction in parking spaces required shall be from 492 spaces to 454 spaces or 38 spaces, which represents an 8% reduction in the parking requirement each for daytime uses (256 x .08 =21) and for nighttime uses (236 x .08 = 18). 5. The property owner shall require of its tenants that employees park in the parking spaces behind the main retail building to the extent parking is available, to assure that the maximum parking is available for customers. The property owner shall supply to the Director of Community Development a copy of a notice to the tenants of this requirement prior to issuance of any building permits for the proposed expansion or the dinner house restaurants. 6. The property owner shall submit a joint parking and access easement, allowing for use of the parking area and access drives by all of the tenants in the shopping center, for approval by the Community Development Director. The easement shall be recorded against the • property for the benefit of all tenants concurrent with any development reviews being approved and prior to any building permits being issued for the proposed expansion or the dinner house restaurants. ADOPTED this 25th day of November, 1996 Jerome Linke, Mayor ATTEST: Charles Whiting, City Clerk-Administrator (SEAL) c:\office\wpwin\wpdocs\devcases\461-96\reso5041.cc • CITY OF MOUNDS VIEW PLANNING APPLICATION APPLICANT: Paster Enterprises dbaMounds View Assoc, LLP Phone 6487901 • ADDRESS: 2227 University Avenue, St. Paul MN 55114-1677 FAX: 646-1389 Street Address, City, State, and Zp Code Interest in Property (check appropriate box): Owner of Property • ❑ Contract for Deed Owner Q Lessee, Operator, Manager ❑ Agreement to Purchase • ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final Gly ac5on of this request PROPERTY INVOLVED: Address/General Location 2535-2585 Highway 10, Mounds View MN 55112 Legal Description or Property Identification Number Legal Owner: Name/Address Present Use (check appropriate box): Current Zoning: B-4 ❑ UndevelopedNacant • 0 Single Family Dwelling ❑ Duplex/Two Family Dwelling - . • ❑ Multi-Family (No. of Units ) Susiness/Commercal Establishment 0 Industrial Establishment ❑ Other (explain) Property C:assincation: Q Abstract 0 Torrens RE'DUEST: 1) Conditional Use Permit to allow joint use of parking (Section 1121.15) 2) Variance in number of parking spaces required based on revised parking ratios from those in Zoning Code. (Section 1121.13) 3) Variance in sign regulations for shopping center identification sign (Section 1008.08) *please note: Applicant may be responsible for additional fees associated with the revew of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. 4-z9 Signature Rezoning S2C0/acre.minimum 5200.maaomum 51.000 Paris Fund Dedication Fee Variance R-1 tx R-2.S75.ad others 3200 Oats Paid $400.00 Conaitional Use Permit R-1 to R-2-S75.ail others 5200 Receipt Number Code Appeal 5i5 $2�Q.(1(1 OeveiooJSite Plan Review S100/acts.minimum 100.maximum 5500 Total Fees Paid Minor Su oivision S150 Daze Paid Maior Suooivision S250 pius 3250 deposit Receipt Number • Como. Plan Amendment S2C0 Wedand Alteration Permit $50 plus deocsit determined by Staff 'Netland Suffer Permit Additional Fee Paid St 0 Date Paid Planning Sign $50 Receipt Number PUD $350 PUD Amendment $150 Data at final =don 4.0 C_ APPROVED L; DENIED TABIC 77 Oats Q'a µ-crCc Planning �� -61�Case No. e,:..,;.. -_--. - .._ Y. /MA, 00../.4.0 y �. ..r--+-- m 0 o i0 r;: co se.' - o rn 1 01 -1. 788:p 7491 H N 1 7884 7895 N n 7890 7885 r r 7864 796: N nFri 't:' N I r�88A 7889 7888 r n N 'F .� N(N 7876 Z 7883 7866 7867 7870 7869 7853 -: 7878 7875 7868 7669 78-1 OA1cNC = 7877 7854 7851 7860 7865 7852 taJ •:. 7870 7857 785• 7855 561 - 7870 N 7851 7854 p f. 78 7842 7841 7850 7855 7846 7541 7836 7845 7: • 784 561 ut` exC 7851 7830 7840 7835 7840 7829 7820 a 7847 7840 7837 783•w 7825 5.1 -30\ 782C O 7815 7790 7815 7800 7817 7809 c 7814 O 7833 7832 7827 782' Iti& . 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' a n N c (2 p 5 td 52 ' 523: �t: �i TI it N 52901 5299 /111.141/°•1441/. a� a1l'� �1 �M �lgalii�ti� ii� ( IW Y 524 741 c7/. N N NI Ni NIN A x.26 i0 :421324 N N N N N N N N N N N N i� 4� 5237 523 CLEARVIEW AVE 528q 52 51 �i�/,. —. CLEARVIEW AVE ,, :—.,s,-r - 1 ?1".41‘91•a 1 of c111,01 52701 52791 5276— yti • Vicinity Map - Planning Case Nos 461-96, 463-96 - Mounds View Square Parking Ratios Willeitfidjep GAit& DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS 2227 University Ave.•St.Paul,MN 55114-1677•612-646-7901 • Fax 612-646-1389 • October 3, 1996 CENTRAL PLAZA 45th&Central Ave.N.E. Minneapolis,Minnesota Ms. Pamela Sheldon Community Development Director • City of Mounds View • CRYSTAL SHOPPING CENTER 2401 Highway 10 Bass Lake Road&West Broadway Crystal,Minnesota Mounds View, MN. 55112 Re: Parking Variance Request for Restaurant and shopping center additions at Moundsview Square Shopping DODDWAY SHOPPING CENTER Center. Smith&Dodd Road West St.Paul,Minnesota Dear Ms. Sheldon, LEXINGTON PLAZA SHOPPES We are requesting from the City of Mounds View a parking Lexington&Larpenteur variance of 4.25 parkingspacesper 1000 Square feet of Roseville,Minnesota P q shopping center and free-standing buildings. This will allow for the expansion of the free-standing restaurants (2535 & 111 2585 Highway 10), and a 5,000 square foot addition to the MENDOTA PLAZA shopping center. The attached plan shows the location and State Hwy. 110&Dodd Road size of the expansion areas. Mendota Heights,Minnesota p A. Moundsview Square feels that the current parking code for a shopping center district is to restrictive. In our MOUNDSVIEW SQUARE experience of shopping center development a 4.25 ratio Hwy. 10&Long Lake Road will be sufficient for a communitycenter of this size. Mounds View,Minnesota Paster Enterprises manages nine shopping centers in the metropolitan area. In these centers the parking ratio per NORTHWAY SHOPPING CENTER one thousand square feet ranges from 3.63 to 6.16 State Hwy.23 &Woodland with an average of 4.8. The 4.25 ratio that is Circle Pines,Minnesota g requested falls within this range. The shopping center's shared parking among a number SIBLEY PLAZA of tenants reduces the effective parking ratio. For West ith Street&Davern instance, a single use site must meet thepeak parking Paui,l�iinnesota 9 P 9 demand of that individual business. In a shopping • center with multiple uses the peak demands of the tenants come at different times, thus lowering the •THVIEW SHOPPING CENTER overall parking requirement of the center. outhview Blvd. & 13th Ave.S South St.Paul.Minnesota „wet /11,1,044,4,,, DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS 2227 University Ave.•St.Paul,MN 55114-1677•612-646-7901 • Fax 612-616-1339 • The addition of the pedestrian bridge will block the CENTRAL PLAZA visibility and damage the identity of-the shopping center 45th&Central Ave.N.E. Minneapolis,Minnesota tenants. The expansion of the free-standing locations and the shopping center will allow this obstructed site to have • a greater visual impact and a stronger commercial position at this location. CRYSTAL SHOPPING CENTER Bass Lake Road&West Broadway B. The addition of thepedestrian bridge is depriving the Crystal,Minnesota P 9 applicant of visibility and identity which are very important in a commercial site of this size. Other commercial locations in the City of Mounds View will DODDWAY SHOPPING CENTER not be directly effected. Smith&Dodd Road West St.Paul,Minnesota C. The addition of the Highway 10 obstruction has not been caused by the activity of the Mounds View Square Shopping Center. LEXINGTON PLAZA SHOPPES Lexington&Larpenteur granting a parking Roseville,Minnesota D. The rantin of arkin variance that will allow for the building expansions will not effect other commercial properties in the City of Mounds View. The parking spaces of the free-standing restaurants and the MENDOTA PLAZA shopping center are shared parking as a combined site. 3 State Hwy. 110&Dodd Road The free-standingbuildings cannot be limited to the Mendota Heights,Minnesota g immediate adjacent parking as in a single use commercial location. MOUNDSVIEW SQUARE E. The parking variance itself will have a small impact on Hwy. 10&Long Lake Road the overall parkingin the shopping center. However, Mounds View,Minnesota PP 9 the ability to expand the free-standing restaurants will enable the shopping center to attract larger and more stable tenants that will be less concerned with a NORTHWAY SHOPPING CENTER highway obstruction. State Hwy.23&Woodland Circle Pines,Minnesota F. A parking variance will not be detrimental to other commercial tenants or residents in the City of Mounds View. SIBLEY PLAZA West 7th Street&Davern G. The parking variance will not change the traffic flow or St.Paul,Minnesota the traffic patterns in the shopping center. All of the access, egress, and drive isles will remain the same. The variance will not change traffic or effect the air or SOUTHVIEW SHOPPING CENTER light in any adjacent properties. • Southview Blvd.& 13th Ave.S South St.Paul,Minnesota 7fileixei DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS 2227 University Ave.•St.Paul,MN 55114-1677•612-646-7901 • Fax 612-646-1389 CENTRAL PLAZA Sincerely yours, 45th&Central Ave.N.E. Minneapolis,Minnesota MOUNDSVIEW SQUARE ASSOCIATES, LLP • CRYSTAL SHOPPING CENTER Bass Lake Road&West Broadway l� Crystal,Minnesota John H. Streeter Construction Manager DODDWAY SHOPPING CENTER JHS/jre Smith&Dodd Road West St.Paul,Minnesota Enclosure LEXINGTON PLAZA SHOPPES Lexington&Larpenteur Roseville,Minnesota • MENDOTA PLAZA State Hwy. 110&Dodd Road Mendota Heights,Minnesota MOUNDSVIEW SQUARE Hwy. 10&Long Lake Road Mounds View,Minnesota • NORTHWAY SHOPPING CENTER State Hwy.23&Woodland Circle Pines,Minnesota SIBLEY PLAZA West 7th Street&Davem St. Paui,Minnesota •UTHVIEW SHOPPING CENTER Southview Blvd. & 13th Ave.S South St. Paul,Minnesota MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 486-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FORTH: JOINT USE OF PARKING FACILITIES AT MOUNDS VIEW SQUARE SHOPPING CENTER AT 2535-2585 HIGHWAY 10; PLANNING CASE NO. 461-96. • WHEREAS, Mounds View Square Assoc. LLP has applied for a conditional use permit to allow joint use of parking facilities at Mounds View Square Shopping Center at 2535-2585 • Highway 10, which property is described as follows: Part lying northeasterly of the centerline of State Trunk Highway 10 of NE 1/4 of N 1/4 (Subject to Roads and Highways) in Section 7, Township 30, Range 23 WHEREAS, the Mounds View Square Shopping Center is located in the B-3 zoning district; and, WHEREAS, the site plan for the Mounds View Square Shopping Center was approved in . 1989 which the provision of 503 parking spaces; and, WHEREAS, the property owner obtained approval of a variance in parking requirements to allow the use of 26 parking spaces for construction of trash dumpster enclosures, which resulted in the reduction of parking on the site from 503 to 477 spaces; and, WHEREAS, the City has determined by previous decisions that the 477 parking spaces are sufficient to provide parking for the square footages and uses approved for the Mounds View Square Shopping Center; and, WHEREAS, the property owner is proposing to make the following changes in square footages and uses on the site at some time in the future: Existing Existing+Expansion Use Square Footage Square Footage Retail: 62,005 66,005 (+4,000) Storage: 16,645 17,645 (+1,000) Dining: 8,050 11,290(+3240 net) Kitchen: 6,060 7,320 (+1260 net) Mall/Maintenance/Restrooms 9,275 9,275 Total 102,035 111,535 Planning Commission Resolution No.486-96 41111 November 6, 1996 Page 2 WHEREAS, the changes in square footages result from the removal of the Hardee's and Bridgeman's Restaurants (4,800 sq.ft. in dining and 2,700 sq.ft. in kitchen) and the addition of • two larger dinner house style restaurants, and the addition of 4,000 square feet of retail space and 1,000 square feet of storage space in the main retail building; and, WHEREAS, the Mounds View Zoning Code allows for a conditional use permit to be granted for joint use of parking where there are offsetting daytime and nighttime uses; and, WHEREAS, the Planning Commission does hereby make the following findings of fact regarding the requirements for granting of a conditional use permit for joint use of parking as set forth in Section 1121.15 of the Mounds View Zoning Code: (a) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred feet (300')of such parking facilities and not separated by a public way. All of the uses proposed as part of this joint parking arrangement are also part of a coordinated shopping center. Because of the distribution of retail space and the parking, it is feasible for customers to find parking within 300 feet of their destination. A condition • has been included in this recommendation of approval that would require employees to park in spaces behind the main retail building, to assure that the maximum parking is available for customers. (b) The applicant shall show that there is not substantial conflict in the principal operating hours of the two(2)buildings or uses for which joint use of off-street parking facilities is proposed. The Zoning Code acknowledges that restaurants are primarily nighttime uses, and retail businesses are primarily daytime uses. It should also be noted that, because of its size and the variety of tenants, customers at Mounds View Square would be expected to combine trips and use several different businesses. An allowance for some overlap in parking requirements is logical in a shopping center of this size. (c) A properly drawn legal instrument,executed by the parties concerned for joint use of off- street parking facilities,duly approved as to form and manner of execution by the City Attorney,shall be filed with the City Clerk-Administrator and recorded with the Register of Deeds,Ramsey County. A condition has been included in this recommendation of approval that joint parking and access easements be recorded against the property for the benefit of all tenants prior to any development reviews being approved or building permits being issued for the • proposed expansion or the dinner house restaurants. Planning Commission Resolution No. 486-96 • November 6, 1996 Page 3 WHEREAS, the Planning Commission does hereby find that the criteria for granting of a conditional use permit for joint use of parking have been met. WHEREAS, the Planning Commission has granted a variance in the parking ratios which apply to the uses in Mounds View Square such that the parking required for the expanded shopping center would be 492 spaces (Resolution No. 485-96; Planning Case No. 463-96). The Planning Commission regards the approval of revised parking ratios as a prerequisite to recommending approval of this conditional use permit. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission does hereby recommend to the Mounds View City Council approval of a conditional use permit for joint use of parking for the Mounds View Square Shopping Center with the following conditions: 1. The parking ratios applicable to the addition and deletion of square footage proposed by the applicant in Planning Case No. 461-96 and 463-96, and as shown in#2 below, shall be as follows: Retail Space 4.5 spaces per 1000 square feet Dinner House Style Restaurants 1 space per 80 square feet of dining or kitchen area Storage,Etc no parking requirement for areas in storage,maintenance, restrooms or the enclosed mall area 2. The existing 477 parking spaces on the property are deemed adequate to serve the square footage and uses in place as of this date, which include the following: Existing Existing+Expansion Use Square Footage Square Footage Retail: 62,005 66,005 (+4,000) Storage: 16,645 17,645 (+1,000) Dining: 8,050 11,290(+3240 net) Kitchen: 6,060 7,320 (+1260 net) Mall/Maintenance/Restrooms 9,275 9,275 Total 102,035 111,535 3. Prior to issuance of any building permits for changes in square footage at the Mounds View Square Shopping Center, other than interior remodeling, the property owner shall obtain approval for development review as provided in Section 1006.06 of the Mounds View Municipal Code. S Planning Commission Resolution No. 486-96 • November 6, 1996 Page 4 4. The reduction in parking spaces required shall be from 492 spaces to 454 spaces or 38 spaces, which represents an 8% reduction in the parking requirement each for daytime uses (256 x .08 =21) and for nighttime uses (236 x .08 = 18). 5. The property owner shall require of its tenants that employees park in the parking spaces behind the main retail building to the extent parking is available, to assure that the maximum parking is available for customers. The property owner shall supply a copy of a. notice to the tenants of this requirement. 6. The property owner shall submit a joint parking and access easement, allowing for use of the parking area and access drives by all of the tenants in the shopping center, for approval by the Community Development Director. The easement shall be recorded against the property for the benefit of all tenants concurrent with any development reviews being approved and prior to any building permits being issued for the proposed expansion or the dinner house restaurants. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. • Adopted this 6th day of November, 1996. Pe,;""'"` Jerry Peters n, Chairperson ATTEST: rikAv„L„ Pamela Sheldon Community Development Director • Cire REQUEST FOR COUNCIL CONSIDERATION Agenda Section 10 10?-61 STAFF REPORT Report Number: (c~ 110 4K- ;=f^=°rZ Report Date: 11/22/96 • ;. CITY COUNCIL MEETING DATE ' November 25, 1996 — Special Order of Bus. At � S aQl�s=•�fi51CfS�Q Consent Agenda X Public Hearings Council Business Item Description: Public Hearing and Consideration of Resolution No. 5042 approving an amended conditional use permit and a development review for expansion of the Saturn Dealership at 2375 and 2395 Highway 10; Planning Case No. 464-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The applicant, Saturn Development, is requesting an amended conditional use permit and development review to expand the existing Saturn Dealership at 2375 Highway 10 to include the Citgo property at 2395 Highway 10, to add a car wash and to expand repair services to include engine overhauls, transmission replacement, and minor welding. No body work or painting would be conducted on site. A subdivision and conditional use permit to allow development of the now existing Saturn dealership at 2375 Highway 10 were approved in 1992 (Planning Case No. 335-92). The conditional use was amended in 1994 o allow the addition of 45 car-for-sale parking stalls, and associated lighting and landscaping on the site Planning Case No. 389-94). Resolutions 4195, approving the original request, and 4611, approving the parking lot expansion, are attached. A comparison of the existing and proposed site layout are noted below: 1994 Approved Plan Proposed Plan Site Area 2.488 acres,or 3.276 acres,or 108,377 sq.ft. 142,703 sq.ft. Building Area 5440 sq.ft. 11,600 sq.ft. Parking Area Total Impervious Area 84,327 77.8% 109,097 sq.ft. 76.5% Landscaped Area 24,050 22.2% 33,606 sq.ft. 23.5% Parking Spaces - display/inventory 126 - employee/service 35 - employee/inventory 154 - customer 14 20 Total 168 183 Number of Service Bays 5 10 Car Wash N/A one bay • RECOMMENDATION: The Planning Commission, on a vote of 5 ayes, 0 nays and 1 abstention, and the staff recommend approval of this amended conditional use permit and development review. A copy of the Planning Commission Resolution No. 483-96 is attached. Mayor and City Council Planning Case No. 464-96 November 25, 1996 Page 2 • There are four sets of criteria which are to be used in evaluating this application. The first three are from the B-3 district and relate to motor vehicle and recreation equipment sales(Section 1114.04 Subd. 8), minor auto repair(Section 1114.04 Subd. 3), and car washes(Section 1114.04 Subd. 2). The criteria for granting of conditional use permits are listed in Section 1125.01 Subd. 3. These criteria have been listed in the proposed City Council Resolution No. 5042, along with suggested findings as to how the criteria have been met. The proposal represents an extension of the existing Saturn dealership. The applicant is maintaining the same architectural character in the building expansion as is in the original, and will be landscaping the added site area so the effect.will be one seamless development. All areas which are not in building or landscaping will be paved and the parking area will be bordered by a concrete curb. The site does not abut property in a residential district and therefore screening and buffering is not required. A landscaped area at least 10 feet in width is shown along all of the property lines. The landscape plan shows a row of Black Hills Spruce along the north property line of the added site area which matches the existing site. The frontage along Highway 10 will be sod as is the existing site. The percentage of the site in landscaping is increasing from 22.2%to 23.5%. The only outstanding issues concern drainage and review by Rice Creek Watershed District. The applicant has provided information on the anticipated direction of storm water flow through the parking lot, but not the relative volumes. In reviewing the plans and site conditions, the City Engineer feels more information is needed on how much water will be going to County Road H2 and to Highway 10, and believes that more water will be flowing to County Road H2 than has been the case in the past. The City Engineer wants to compare water volumes to the capacity of the storm drain in County Road H2. He feels that there is a simple • solution if there is insufficient capacity, and that is to place additional catch basins in the parking lot to direct water to Highway 10. A condition requiring further analysis of drainage prior to issuance of any grading or building permits has been put in the resolution. The project has been submitted to Rice Creek Watershed District and it will be on their agenda for a decision on November 27. A condition requiring the applicant to obtain a permit from the district, prior to issuance of any grading or building permits, is also in the resolution. Citizens living at 5290 Pinewood Court and 2287 County Road H2 attended the Planning Commission meeting on this application and expressed concerns with the lighting and the paging system. The lighting on the site and how the paging system is being used is in compliance with the Zoning Code and the original conditions on the original conditional use permit. In addressing citizen concerns, the City Council may want to ask the applicant, with the advent of more sophisticated individual belt pagers, whether these could be used to reduce or eliminate the need for loudspeakers. The light timers may also need to be checked and reset for standard time. Citizens also stated that when the original request was before City Council, they felt they had been promised by City Council that the dealership would not expand and that only oil changes and minor types of repairs would be done on this site. The Planning Commission deferred this concern to City Council. The applicant indicated that their request for expansion is prompted by customer demand and the success of their business. The Saturn dealership is an attractive and prosperous business, and serves as an important anchor in the Highway 10 corridor. i OvrAALL Pamela Sheldon, Community Development Director • RESOLUTION NO. 5042 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR EXPANSION OF THE SATURN DEALERSHIP AT 2375 AND 2395 HIGHWAY 10; PLANNING CASE NO. 464-96. WHEREAS, Saturn Development has requested City approval to expand its dealership at 2375 Highway 10 to include the property at 2395 Highway 10, to expand building square footage and add a car wash, and to expand the types of repair services available; and WHEREAS, the property subject to this application is described as follows: Subject to Roads the East 160 8/10 feet of part of the Southwest Quarter northeasterly of Highway in Section 8, Township 30, Range 23. Subject to Roads the West 134 feet of the East 294 8/10 feet of part of the Southwest Quarter northeasterly of Highway in Section 8, Township 30, Range 23. • Subject to State Trunk Highway 10/62 over southwesterly 150 feet and subject to County Road H2 and Ex East 294 8/10 feet part of Southwest Quarter northeasterly of centerline of State Trunk Highway 10/62 in Section 8, Township 30, Range 23. WHEREAS, the property is in the B-3 Highway Business District, which requires approval of a conditional use permit for motor vehicle and recreation equipment sales and garages accessory thereto, and for car washes; and, WHEREAS, the purpose of conditional use permits is"to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application dated 10-7-96 2. Zoning Map 3. Letter from Francis J. Coyle dated 10/7/96 4. City Council Resolution 4195 S 5. City Council Resolution 4611 6. Site Plan dated 11/1/96 City Council Resolution No. 5042 • November 6, 1996 Page 2 9. Landscape Plan dated 10/30/96 10. Floorplan&Building Elevations received 10/4/96 WHEREAS, the Mounds View City Council does hereby make the following findings of fact regarding the requirements set forth in Sections 1114.04, Subd. 8, 1114.04, Subd. 3, 1114.04, Subd. 2, and Section 1125.01 Subd. 3: A. Dimensional Requirements & Hours of Operation Minimum Required Provided Met? Lot Area 87,120 sq.ft. and 142,703 sq.ft. yes Lot Width 150 feet 764 feet yes Number of Lots Single or Contiguous yes yes Setbacks Front 30 feet 76 feet yes Side 10 feet 184 feet(east side) yes 232 feet(west side) yes Rear 20 feet 36 feet yes Landscaped Greenspace 10%or 10,445 sq.ft. 33,606 sq.ft. yes • Parking 22 spaces(service) 20 spaces(service) no' 27 spaces(employees) 35 spaces (employees) yes 126 spaces(inventory)2 Hours of Operation 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. yes B. Building and Site Design; Landscaping (Section 1114.04, Subd. 2.a., 3.b., 2.f., 3.c., 8.e., 3.f., 2.c., 3.i., 8.1., 8.m.) The proposal is an extension of the existing Saturn dealership. The applicant is maintaining the same architectural character in the building expansion as is in the original, and will be landscaping the added site area so the effect will be one seamless development. All areas which are not in building or landscaping will be paved and the parking area will be bordered by a concrete curb. The site does not border property in a residential district and therefore screening and buffering is not required. A landscaped area at least 10 feet in width is shown along all of the property lines. The landscape plan shows a row of Black Hills Spruce along the north property line of the added site area which matches the existing site. The frontage along Highway 10 will be sodded as is the existing site. 1 With compliance with conditions,the proposal will meet the requirement for 22 spaces for customers. 2 The Zoning Code does not have any specific requirement for parking spaces for inventory or • display. • • City Council Resolution No. 5042 November 6, 1996 Page 3 C. Lighting and Signage (Section 1114.04, Subd. 2.h., 3.g., 8.h., 2.d:, 3.j. 2.j., 3.m., 8.k.) The applicant is proposing to install additional light standards on the expanded site area which are the same style as,the existing light standards, and they will be located in a similar pattern. The original plans submitted for this development included a detail of the light fixtures which are shielded in compliance with the ordinance. The light standards will. be in landscaped areas and not in the parking lot. Signage is proposed as follows: • existing pylon sign 10'x 10' on 26' high supports; area= 100 sq.ft. • existing wall sign 23" x 26.5'; area= 50.8 sq.ft. • used car sign, ground mounted 8' 6-1/2" x 5' = 42.7 sq.ft. • two new ground mounted 8' 6-1/2" x 5'= 85.4 sq.ft. • miscellaneous small directional signs Total Signage=278.9 sq. ft. Total Permitted= 100 sq. ft. of signage per tenant; 340 sq. ft. pylon sign=440 sq.ft. Existing signage on the site complies with the City Sign Code. The applicant has applied for a variance in sign regulations to allow the two additional monument signs (Planning Case No. 468-96). D. Drainage (Section 1114.04 Subd. 2.g., 3.e., 8.f.) This conditional use permit combines two existing, developed commercial sites. The reconstruction of the parking lot on the Citgo site and the building addition may cause more storm water to flow to County Road H2, and may exceed the capacity of the storm sewer in this road. A condition on this approval requires the applicant to comply with any requirements from the City Engineer on the direction of storm drainage to County Road H2 and Highway 10, prior to the issuance of grading and building permits. The applicant is also being required to obtain a permit from Rice Creek Watershed District. E. Outdoor Storage, Sales and Service (Section 1114.04 Subd. 3.k., 3.o., 3.p., 8.i.) No outdoor sales or servicing is conducted on this site, other than customers viewing cars in inventory in the parking lot. There are no abutting residential districts, and therefore, the screening requirements do not apply. Sufficient space for car inventory has been provided so it will not infringe on required customer, service and employee parking. . F. Accessory Building (Section 1114.04 Subd. 8.j.) City Council Resolution No. 5042 • November 6, 1996 Page 4 The accessory buildings are proposed. G. Noise (Section 1114.04 Subd. 2.k., 3.n., 8.p., 8.q.) The original approval including a condition regarding the use of outside loudspeakers, which has been added to the list of conditions on this recommendation of approval. H. Access/Test Drive Routes (Section 1114.04 Subd. 2.i. 3.1., 8.o.) The applicant is proposing two driveway entrances on Highway 10 and two on County Road H2, and removal of two of the driveway entrances on the Citgo property. The driveways to be removed are closest to the Highway 10/County Road H2 intersection. This will improve traffic patterns in the area and remove a conflict point. The original approval including a condition regarding test drive routes, which has been added to the list of conditions on this recommendation of approval. I. Stacking Space (Car Wash) (Section 1114.04 Subd. 2.b:, 2.e.) • The car wash proposed for this site is for customer cars only and not for the general public. The business owner has the ability to control the flow of cars, and the volume of cars is expected to be less than would be the case with a stand alone car wash business open to the public. The site does not abut residential districts. The area behind the car wash faces a business, and will be screened by Black Hills Spruce. J. Fuel Pumps (Section 1114.04 Subd 3.h.) No fuel pumps are proposed at this facility; this criteria does not apply. K. Criteria for Approval of Conditional Use Permits (Section 1125.01 Subd. 3) (1) The use will not create an excessive burden on existing parks,schools,streets and other public facilities and utilities which serve or are proposed to serve the area. The proposal represents an expansion of an existing business. The site is served by an existing arterial highway and a County road, such that traffic can access the site without going through the residential neighborhoods. The site is served by utilities. Because the proposal is for a business, no burden on parks or schools is anticipated. i City Council Resolution No. 5042 November 6, 1996 Page 5 (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 not deterrence to development of vacant land. (3) The structure and site will have an appearance that will not have an adverse effect upon adjacent residential properties. The site is bordered on the north and south by roadways, and abuts a business and industrial park on the east side. The existing site and proposed expansion shows a attractive combination of buffering and landscaping around the entire perimeter, and this business helps in creating an appealing gateway to Mounds View and to the residential neighborhoods north of Highway 10. It serves as an example of high quality development for potential developers of property in the area. (4) The use,in the opinion of the[Planning Commission],is reasonably related to the overall needs of the City and to the existing land use. The expansion of the Saturn dealership to take in the Citgo property will help unify this corner, and allow an attractive and successful business additional room. Providing more 111, room for inventory and expanding the range of services available to Saturn's customers may translate into more tax revenue to the City. Expansion of the Saturn dealership will also help in strengthening the vitality and enhancing the appearance of the Highway 10 corridor. This corridor is very important to the long run economic health of the City. (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 purpose of the B-3 district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. It allows for auto repair businesses with approval of a conditional use permit. The applicant's proposal fits within the limits envisioned by the ordinance for the B-3 district, and its location along Highway 10 is logical and appropriate. (6) The use is not in conflict with the Comprehensive Plan of the City. The most recent discussion of comprehensive goals for the City was the Mounds View 2000 project in 1994. The Vision Statement from the Growth, Development and Business Issue Project Team stated: "The City of Mounds View will be known as a city with a balance between business and 411 residential concerns. There will be a positive business climate as shown by public-private collaboration to recruit,encourage,and retain successful,community-based enterprises with emphasis on job expansion,increase in tax base, and quality of life. There will be a City Council Resolution No. 5042 November 6, 1996 Page 6 cooperative spirit between the government and citizens,whether residential or business, when setting regulations into code. Environmental and aesthetic consciousness will be demonstrated by a redesigned Highway 10,a network of inter-connected trails,parks,and wetland spaces,and active citizen participation in ecological activities." Two goals relative to Highway 10, and a goal on business climate, were adopted and are included in an attachment to this report. The expansion of the Saturn dealership furthers these goals, and is supported. (7) The use will not cause traffic hazards or congestion. The site has adequate access from an arterial highway. No added traffic congestion is expected. Eliminating one of the driveways on Highway 10 and County Road H2 will reduce traffic hazards and conflict points. (8) Adequate utilities, access roads,drainage and necessary facilities have been or will be provided. • The proposal will use a previously developed site which is served by existing utilities and roads. There is an existing drainage ditch along Highway 10. This recommendation of • approval includes a condition that a favorable review be received from MnDOT and the Rice Creek Watershed District. WHEREAS, the Planning Commission has recommended approval of this amended conditional use permit and development review(Resolution No. 483-96); and, WHEREAS, the Mounds View City Council does hereby find that this amended conditional use permit and development review, with compliance with the conditions stated in this resolution, meets the criteria set forth in Sections 1114.04, Subd. 2, 3, and 8, and Section 1125.01. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve this amended conditional use permit and development review as shown in the site plan dated 11/1/96, the landscape plans dated 10/30/96, and the floor plans and elevations dated 10/4/96, subject to the following conditions: 1. Outside signage shall be limited to that allowed by the Municipal Code, or as allowed in any variance approved by the City. Prior to installation of the two additional monument signs shown at the westernmost driveway on Highway 10 and the easternmost driveway on County Road H2, the property owner shall • City Council Resolution No. 5042 III November 6, 1996 Page 7 obtain approval for a variance for sign area allowed on the site, or for a code revisions which would allow this additional sign area. Signage is subject to a requirement that the applicant obtain sign permits before installation. 2. Prior to the issuance of any grading and building permits, the applicant shall: a. Provide a detail drawing of the lighting fixtures to be used on the expansion site, showing the style of luminare and dimensions of lighting standards. These lighting fixtures shall match the existing fixtures at the Saturn Dealership. b. Obtain a permit from the Rice Creek Watershed District, if required. c. Submit an existing and future drainage map showing drainage boundaries and storm water volumes to the City Engineer. The applicant shall make modifications to the parking lot design and building drains to comply with the recommendations of the City Engineer as to how storm water is directed to County Road H2 and Highway 10. • d. Provide to the City an executed cross-access and parking easement across the three lots which constitute this site, which easement insures that the site will continue to function as one development.• e. Enter into a development contract as required by Section 1006.06 Subd. 4 of the Mounds View Municipal Code. 3. Vehicle repair, servicing and maintenance are permitted on this site, excluding body work and painting. All car repairs shall be conducted within the indoor service bays and not outside the service building. 4. A vehicle wash bay is permitted on this site. The use of this bay shall be for customers of the dealership only and not the general public. The stacking of vehicles waiting for washing shall be confined to this site and shall not interfere with vehicle circulation on the site. 5. Any cars taken on trade and not intended for resale shall not remain on the site for a period of time exceeding 72 hours. 6. No outside merchandizing of accessories shall be allowed. • 7. All transport truck deliveries and pick-up shall be conducted on site during regular business hours. City Council Resolution No. 5042 • November 6, 1996 Page 8 8. Outside loudspeakers shall be utilized for paging purpose only. 9. The hours of operation shall be from 7:00 a.m. to 10:00 p.m. Site lighting shall be turned off, except for security lighting, by 10:30 p.m. The light timers shall be reset for daylight savings time and standard time each year. 10. A good faith effort shall be made to ensure that test driving of vehicles from the site follow the route highlighted and described on the attached map dated 2/19/92. 11. This conditional use permit shall become null and void if any one of the three lots comprising this site are sold separately, and approval new conditional use permit shall be required for the auto dealership to continue operation. 12. The applicant shall have this resolution recorded with the Ramsey County Recorder's Office and provide evidence of recordation to the Director of Community Development within 60 days of the date of approval, or this conditional use permit shall be null and void. 13. Where the conditions contained in this resolution differ from those stated in • Resolution 4195 and 4611, the conditions stated in this resolution shall prevail. Adopted this 25th day of November, 1996 Jerome Linke, Mayor ATTEST: Charles Whiting, City Clerk-Administrator c:\office\wpwin\wpdocs\devcases\464-96\reso5 042.cc i WO I ' ` :z�'- Z y O� =Q .i--:, .01e 11,00-ilbc . . .. 1 if/ 1 .:, ;i 0.. ( cq X . 5 7,A1.‘ "1 ,4 . - • I , .„ :,,,as,vi. 11. 0. 'if:ii,- '-.• .r. g'1 0r j Utin rn ti t.e 1'. c;) i..-.,- -• c t CS, Q. YI -1 r t oo --.. 0 r 1.4 Gi o = d d AV -) . .rss 1cn-4 • ,,, ,0 I G • r, (:::31 ii., _I., „,„/ • 4111:10°°P°:VirAA .. 0 J crr fp =ter- o 6r6- <7 - I 1001 '`. �O j i r 5 I!T - e 'Q / m co • QN d '� f %. .............. .._ 11..z.:„,CO r • i c.., a A': it g f -- - =Y iii •'v a ; •if,i • : �n I :t: .1.J. 10 7a J L (, 111103 1 nd L" L..... ..„0( 1: ' 1 �.. d ©, + Fri �• t� 00,,,j le .,_ th f'� �' '7 a '-• �DV / f� a(6-q'.. CITY OF MOUNDS VIEW PLANNING APPLICATION APPLICANT: +_ *- fa .. • Phone 150 -3 S L(. ADDRESS: 340o LI 1' h(.0.a L ( c0 n r-, <•P, HTO SS! ( Street Address, City, Stat, and Zp Code C? Interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager Agreement to Purchase ❑ Other (explain) • Documentary evidence of applicant's interest in lie property may be required before final City ac5on of this request. PROPERTY INVOLVED: Address/General Location a 3 7 S 14 !qh w C1.1 ( 0 Legal Description or Property Identification Number Liget Owner: Name/Address CD. C . (611. l t L: C.. Liao till? S- - mock rsjGri 4 (L t1ao ( Present Use (check appropriate box): ❑ UndevelopedNacant ❑ Single Family Dwelling • ❑ Duplex/Two Family Dwelling .__ ❑ Multi-Famiiy (No. of Units ) V Business/Commercial Establishment ❑ industrial Establishment ❑ Other (explain) Property Cassiiication: ❑ Abstract ❑ Torrens RECUEST: ap?relvcl.( o f rl.3 a t-11.ro4r� c 0foc ;I oroa1 tA.S4 r rk- -4- c 441 C;f n roS r a N a P ci m ext S-'F-t AM? a. r•cf-r, I-er CI t c5 P a Car COO Sl-, G „ct ex it/0 c r a rt.) ct. a on i I ab ie *°leas note: Applicant may be responsible for acditional fees associated with the revi of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRU ,` �•� �,. Si• ature Rezoning S2CO/acre.minimum 5200.maximum S1.000 Paris • ._-!cation Fee Vanance R-1 5o R-2-575.al others=00 d Conditional Use Permit R-1 to R-2-575.ail athers 3200 Oto of Cade Appeal S75'----------- Receipt NPaitunber Deveiori Site Plan Review 5700/acre.minimum 100.maximum 5500 Total Fees Paid r2C.O C 6(1 Minor Sucoivision S150 Dae Paid h,Maior Suodivision 3250 pias 32.0 deaosrt Receipt NumserC:mo. ?an Amendment SCO Wetiand Alteration Permit S50 pias deposit determined by Staff Netiand Buffer Permit Aodi�cnar Fee Paid , S10 Cate Paid ("� Panning Sign $50 ..i PUO Receipt Number 50 P'JO Amendment 5150 Dare of 5nal ac-.;on APPROVED 0 DENIED _ TABIC 77 Oars /0- 7_ y'6o `Panning Case No. _ `I-qt-e' A,;,..i.. A............. V% / A- V: 66 .., 61' y 5485 5486 5485 550( 7639 7644 7651 5480 5479 :.� 7. /�7640 '.i. r 7655 k _— O 7635 7630 5474 5473 5475 5478 5475 7645 7625'7628 7641 5 R-4 '3468 5467 5464 5467 �iIIi.,rac .1�O 761'7610 re r 5462 5463 8 5459 FR{ Fad O 7631 vcs, J 54453 5454 5455 N� Ot� JYSA 5453 rn 041- 0111. � � w 7595 7591 - • 7581 7580 7531 4 in 5446 5447.Z r G't'r `;� 5447 IN ,r O 7565 7564 c 5440 5441 F¢\ 5439 N In N 7551 755C 7521 Z z 5434 5433 5433 N ` N N N N g g 5426 5425 sp� • 5425 BE 7535 7534 7521 752C 7511 5420 5421 542• 5419 a 7501 - 5401 5414 .5415 5414 n N o 0 5413 "^ 7505 7504 5406 5405 5406 I N N,N N N I N 5405 N Ty PFRONSON DRIVE - — • CITY HALLMa g P P P N .403 o N N _--a—��,- 5394 5395 Z N N N N N N N N ClN N N � � 5399 IMES 5386 5387 O N N N N 5381 11=1,7 5380 5381 Y 538( Er ��� Alillt.- gra 5372 5375' 537' iin MO 5359 5366 'YO 536• 5357 535. 4 By 5352 3.353 0 v M N N . o o m ^ 535 5354 N N N N N N N N N B-' 53*4 5345 N N N N N N N N N N N 534• LAMBERT AVE 38 5337 N e7 r to.1 Q o o m U 533 J ®� 5331 LAMBERT N N N N N N N N 11j���� 5323 24PK5309 �4„. . 5299 — sb oyi1•� 5302 5307 530 R-2 ti �/ � 0 , n N n a w n cc!: N rn •1 529 m N n N 1(7 01 N A N O OI OI m N 1 N N N N N I N N N N N N N N N 525 Z R� _ R-2 B- \\ 2N • °1 m N CO �• NI , C.)' `\ M N N N olg• mix N N N N N N 1 N i \\3 N N 5275 5260lakZIL 5297 `'45 52 ' �� 5287 B-3 1 `1" 9,y�• \ `32'-A 5250®Q 5260 5277 ' 0 i 52 524- p 52921 5309 5284 R- ul F • 7,r �� 4/ `° Ls, "r ~ tel N 529ii : 299 =KCL•lb1/4 ti CLEARVIea c4 N el N N AVE 528ua co mN 1° \ � •• N ( N .:Mie... , ', 26-01‘66' � 7; w000AlF -- n °1 m uI M n N 5wtos 2501 5259 Irettilt • ticss N�� N) NININININININ C • 5205 N S2:52401 5244 W � 52 • 524• 5240 } a LANE 52301 52341`523015239 52301523• 523. U N N , 521 T (O 1 0 +I 0 L.,fD O N Z N in 5213 1 YIP e a Lu c 522' 522• �� cr I ry I r I 220„229 w 52207 522• „224 N' N I N N N N N N 1 N N N W � ti� a 15206 5207 a n n n - I > 52101 5219 O 5210 521• 52101521• 521 c1 re.", n lc c n MI N Ni 515 5200, 5201 i�, r I n I cw I N I ;r11 N I N c 52001 5209 52001520 520015209 5200 ti1. �'r 51441 5151 W000ALE DR 5138 5149 51501 5155 j 180 1 1 1 00, a ,-.O `° �%x 5132) 5141 514.415185 1 ~� • 1 NNNNN 0 5 264 15133. 514015175 517015179 • EDGEN00D t1 �7 ± s1zo1JR. HIGH v 1 ;�� 51251y 513615165 51601 516 I 151141 Il 5117< 515015159 SCHOOL k. . C 512..1 5155 51081 5109 Z 51401 5149 .,j N ,� O 5 1 201 51 45 i PF N 1 7,I I o 517,01 513 PUO 10 N i N N 1 CI 510 513515104 OR 51001 5101 8 '50921 n = 0 5093 50901 `:::,.5 50901 5091 O N N r <508015081 5100 00 508 5071 50801507501 :Z 07 Xlik 1� 5070 50711° 50701 5071 B-3 :0741 5069 506015061 1 56 50681 50611 • I4 5067 505015051 1-� 150541 thT 5040504171111.P 5064 503015031 N N n _ . . - . . - . . _ . .L . . CO - . . - RD --- 8-3 • Vicinity Map: 464-96 — 2375-2395 Highway 10 CRP �T. 1 nn. M• Cn .. T ___1 LAW OFFICES OF Goyim, GILMAN BC STENGEL AN ASSOCIATION OF A PARTNERSHIP AND A PROFESSIONAL CORPORATION 305 FIRST OF AMERICA BANK BUILDING 100 SEVENTEENTH STREET FRANCIS J. COYLE(1899-1987) ROCK ISLAND,ILLINOIS 61201-8751 AREA CODE 309 SAMUEL M.GILMAN, P.C. TELEPHONE 788-0471 FRANCIS J.COYLE,JR.. FACSIMILE 788-0480 WILLIAM R.STENGEL,JR.. MICHELE R. McCANN• October 7 , 1996 'ALSO ADMITTED TO PRACTICE IN IOWA VIA FACSIMILE (612) 784-3462 Pamela Sheldon Community Development Director City of Mound View 2401 Highway 10 Mound View, MN 55112 Dear Ms. Sheldon: Per our conversation of this date, our firm represents Q. C. Energy II , L. C. which is currently occupied by CITGO outlet in Mound View, Minnesota. Q.C. Energy II, L.C. has entered into a Sales Agreement with Saturn Development Company, LLC as purchaser of subject real411 estate. Saturn Development Company has Q.C. Energy II 's permission to file an Application for Conditional Use permit. The contract calls for a closing and transfer of title on or about December 1, 1996 . If you have any concerns or wish further assistance please advise . Very truly yours, COYLE, GILMAN & STENGEL By Francis J. oyle, Jr. FJC/pl pc : Jon Hoganson 4 P^T 1996 • Receivnra City of Mounds vie:. RESOLUTION NO. 4195 • . CITY OF MOUNDS VIEW COUNTY OF RAMSEY. STATE OF MINNESOTA APPROVAL OF CONDITIONAL USE PERMIT REQUEST BY SATURN OF ST. PAUL, 2375 HIGHWAY 10, PLANNING CASE NO. 335-91 WHEREAS, Saturn of St. Paul has requested City approval to operate an automobile sales dealership at 2375 Highway 10; and WHEREAS, the Zoning Ordinance allows automobile sales dealerships in a B-3, Highway Commercial District; and WHEREAS, the development, as proposed, requires a conditional use permit; and WHEREAS, the City Council has reviewed the following documents regarding this proposal: a) Site plan dated 11/91 b) Lighting plan dated and revised 1/30/92 c) Landscape plan dated 11/91 d) Parking plan dated 11/91; and WHEREAS, the City Council has determined that the proposal is in conformance with the requirements of the Municipal Code, specifically Chapter 40; and WHEREAS, the storm water controls for this site were originally approved as part of the Mounds View Business Park project and have been reviewed and are considered adequate by the City Engineer; and WHEREAS, the Planning Commission has recommended approval of the conditional use permit request to the City Council in Resolution No. 330-92 . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approves the conditional use permit with the following conditions : 1. Outside loudspeakers shall be utilized for paging purposes only. 2 . Only minor repairs and maintenance will be allowed on site excluding major engine overhauls, 411 transmission replacement, and body work. RESOLUTION NO. 4195 PAGE TWO OF TWO 3 . The hours of operation of the facility shall be 7:00 a.m. to 10:00 p.m. 4. Any fully mechanized method of washing cars shall require a conditional use permit per Chapter 40 . 18, Subdivision D(2) . 5 . Any cars taken on trade and not intended for resale shall not remain on the site for a period of time exceeding 72 hours . 6 . No outside merchandizing of accessories shall be allowed. 7 . A good faith effort shall be made to ensure that test driving of vehicles from the site follow the route highlighted and described on the attached map dated 2/19/92 . 8 . All transport truck deliveries and pick-up shall be conducted on site during regular business hours. • 9 . The conditional use permit shall be reviewed at six months and each year thereafter at the time of licensing to ensure that applicable conditions imposed on the site are being met. 10 . Outside advertising shall be limited to that allowed by Municipal Code. 11 . Provide adequate on-site parking for number of customers expected. For special occasions, a larger number of customer parking spaces should be made available. • Adopted this 24th day of February, 1992 . ATTEST: 4111111r _AAP, 1 - •Or (SEAL) 7 .. / Ci y Administrator RESOLUTION NO. 4611 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY • STATE OF MINNESOTA RESOLUTION APPROVING THE DEVELOPMENT REQUEST OF SATURN OF ST. PAUL, 2375 HIGHWAY 10, PLANNING CASE NO. 389-94 WHEREAS, Saturn of St. Paul has requested City approval to construct an addition to their existing automobile sales facility at 2375 Highway 10; and WHEREAS, the proposal would allow the addition of approximately 45 car-for-sale stalls and associated lighting and landscaping on the site; and WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a development review be conducted for this and similar proposals; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this development proposal: 1. Planning Application dated June 24, 1994 2. Site Plan dated June 24, 1994 3 . Submittal Narrative; and WHEREAS, the City Council has determined that the proposal is in conformance with all applicable requirements of Chapter 1100. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the development review request subject to the following condition: 1. The facility shall, following the completion of the addition, be subject to the conditions stipulated in the original City Council Resolution authorizing the use (City Council Resolution No. 4195, dated February 24, 1992) . Adopted this 8th day of August, 1994 . ATTEST: Mayor (SEAL)411 ;005 )4 (644 ,Acting Clerk-Administrator MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 483-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR EXPANSION OF THE SATURN DEALERSHIP AT 2375 AND 2395 HIGHWAY 10; PLANNING CASE NO. 464-96. WHEREAS, Saturn Development has requested City approval to expand its dealership at 2375 .Highway 10 to include the property at 2395 Highway 10, to expand building square footage and add a car wash, and to expand the types of repair services available; and WHEREAS, the property is in the B-3 Highway Business District, which requires approval of a conditional use permit for motor vehicle and recreation equipment sales and garages accessory thereto, and for car washes; and, WHEREAS, the purpose of conditional use permits is "to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety; and, • WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application dated 10-7-96 2. Zoning Map 3. Staff Report dated October 9, 1996 4. Staff Report dated November 6, 1996 5. Letter from Francis I. Coyle dated 10/7/96 6. City Council Resolution 4195 7. City Council Resolution 4611 8. Site Plan dated 10/30/96 9. Landscape Plan dated 10/30/96 10. Floorplan& Building EIevations received 10/4/96 WHEREAS, the Planning Commission does hereby make the following findings of fact regarding the requirements set forth in Sections 1114.04, Subd. 8, 1114.04, Subd. 3, 1114.04, Subd. 2, and Section 1125.01 Subd. 3: A. Dimensional Requirements & Hours of Operation Minimum Required Provided Met? • Lot Area 87,120 sq.ft. and 142,703 sq.ft. yes Lot Width 150 feet 764 feet yes • Planning Commission Resolution No. 483-96 • November 6, 1996 Page 2 Number of Lots Single or Contiguous yes yes Setbacks Front 30 feet 76 feet yes Side 10 feet 184 feet(east side) yes 232 feet(west side) yes Rear 20 feet 36 feet yes Landscaped Greenspace 10%or 10,445 sq.ft. 33,606 sq.ft. yes Parking 22 spaces(service) 20 spaces (service) no' 27 spaces(employees) 35 spaces(employees) yes 126 spaces(inventory)2 Hours of Operation 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. yes B. Building and Site Design; Landscaping (Section 1114.04, Subd. 2.a., 3.b., 2.f., 3.c., 8.e., 3.f., 2.c., 3.i., 8.1., 8.m.) The proposal is an extension of the existing Saturn dealership. The applicant is maintaining the same architectural character in the building expansion as is in the original, and will be landscaping the added site area so the effect will be one seamless development. . All areas which are not in building or landscaping will be paved and the parking area will be bordered by a concrete curb. The site does not border property in a residential district and therefore screening and buffering is not required. A landscaped area at least 10 feet in width is shown along all of the property lines. The landscape plan shows a row of Black Hills Spruce along the north property line of the added site area which matches the existing site. The frontage along Highway 10 will be sodded as is the existing site. C. Lighting and Signage (Section 1114.04, Subd. 2.h., 3.g., 8.h., 2.d., 3.j. 2.j., 3.m., 8.k.) The applicant is proposing to install additional light standards on the expanded site area which are the same style as the existing Iight standards, and they will be located in a similar pattern. The original plans submitted for this development included a detail of the light fixtures which are shielded in compliance with the ordinance. The light standards will be in landscaped areas and not in the parking lot. . 'With compliance with conditions,the proposal will meet the requirement for 22 spaces for customers. • 2 The Zoning Code does not have any specific requirement for parking spaces for inventory or display. Planning Commission Resolution No. 483-96 November 6, 1996 • Page 3 The applicant is proposing two additional monument signs on the site: one at the northernmost driveway on Highway 10 and one at the easternmost driveway on County Road H2. Both of these signs would have the same dimensions as the existing monument sign on Highway 10 (42.7 square feet). The applicant's reason for the additional signage is to better identify driveway entrances and direct customer traffic. The total signage on the site including the new signage would be: • existing pylon sign 10'x 10' on 26'high supports; area= 100 sq.ft. • existing wall sign 23" x 26.5'; area=50.8 sq.ft. • used car sign, ground mounted 8' 6-1/2" x 5'=42.7 sq.ft. • two new ground mounted 8' 6-1/2" x 5'= 85.4 sq.ft. • miscellaneous small directional signs • Total Signage =278.9 sq. ft. Total Permitted = 100 sq. ft. of signage per tenant; 340 sq. ft. pylon sign=440 sq.ft. The signage on the site is well within the total signage area allowed. Square footage has been redistributed to the monument signs from the allowances for tenant and pylon signs. The allowance for the two additional monument signs requires approval of a variance by • •the Planning Commission, which is noted in the conditions on this recommendation of approval. D. Drainage (Section 1114.04 Subd. 2.g., 3.e., 81) This conditional use permit combines two existing, developed commercial sites. Changes in drainage patterns are not anticipated. A condition on this recommendation of approval requires favorable review by the City Engineer prior to forwarding the application to City Council. E. Outdoor Storage, Sales and Service (Section 1114.04 Subd. 3.k., 3.o., 3.p., 8.i.) No outdoor sales or servicing is conducted on this site, other than customers viewing cars in inventory in the parking lot. There are no abutting residential districts, and therefore, the screening requirements do not apply. Sufficient space for car inventory has been provided so it will not infringe on required customer, service and employee parking. F. Accessory Building (Section 1114.04 Subd. 8.j.) The accessory buildings are proposed. Planning Commission Resolution No.483-96 November 6, 1996 • Page 4 G. Noise (Section 1114.04 Subd. 2.k., 3.n., 8.p., 8.q.) The original approval including a condition regarding the use of outside loudspeakers, which has been added to the list of conditions on this recommendation of approval. The Planning Commission is not aware of any problems regarding noise on this site. H. Access/Test Drive Routes (Section 1114.04 Subd. 2.i. 3.1., 8.o.) The applicant is proposing two driveway entrances on Highway 10 and two on County Road H2, and removal of two of the driveway entrances on the Citgo property. The driveways to be removed are closest to the Highway 10/County Road H2 intersection. This will improve traffic patterns in the area and remove a conflict point. The original approval including a condition regarding test drive routes, which has been added to the list of conditions on this recommendation of approval. I. Stacking Space (Car Wash) (Section 1114.04 Subd. 2.b., 2.e.) The car wash proposed for this site is for customer cars only and not for the general . public. The business owner has the ability to control the flow of cars, and the volume of cars is expected to be less than would be the case with a stand alone car wash business open to the public. The site does not abut residential districts. The area behind the car wash faces a business, and will be screened by Black Hills Spruce. J. Fuel Pumps (Section 1114.04 Subd 3.h.) No fuel pumps are proposed at this facility; this criteria does not apply. K. Criteria for Approval of Conditional Use Permits (Section 1125.01 Subd. 3) (1) The use will not create an excessive burden on existing parks,schools,streets and other public facilities and utilities which serve or are proposed to serve the area. The proposal represents an expansion of an existing business. The site is served by an existing arterial highway and a County road, such that traffic can access the site without going through the residential neighborhoods. The site is served by utilities. Because the proposal is for a business, no burden on parks or schools is anticipated. • Planning Commission Resolution No. 483-96 November 6, 1996 Page 5 (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 not deterrence to development of vacant land. (3) The structure and site will have an appearance that will not have an adverse effect upon adjacent residential properties. The site is bordered on the north and south by roadways, and abuts a business and industrial park on the east side. The existing site and proposed expansion shows a attractive combination of buffering and landscaping around the entire perimeter, and this business helps in creating an appealing gateway to Mounds View and to the residential neighborhoods north of Highway 10. It serves as an example of high quality development for potential developers of property in the area. (4) The use,in the opinion of the [Planning Commission],is reasonably related to the overall • needs of the City and to the existing land use. The expansion of the Saturn dealership to take in the Citgo property will help unify this corner, and allow an attractive and successful business additional room. Providing more • room for inventory and expanding the range of services available to Saturn's customers may translate into more tax revenue to the City. Expansion of the Saturn dealership will also help in strengthening the vitality and enhancing the appearance of the Highway 10 corridor. This corridor is very important to the long run economic health of the City. (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 purpose of the B-3 district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. It allows for auto repair businesses with approval of a conditional use permit. The applicant's proposal fits within the limits envisioned by the ordinance for the B-3 district, and its location along Highway 10 is logical and appropriate. (6) The use is not in conflict with the Comprehensive Plan of the City. The most recent discussion of comprehensive goals for the City was the Mounds View 2000 project in 1994. The Vision Statement from the Growth, Development and Business Issue Project Team stated: "The City of Mounds View will be known as a city with a balance between business and residential concerns. There will be a positive business climate as shown by public-private collaboration to recruit,encourage,and retain successful,community-based enterprises with emphasis on job expansion, increase in tax base,and quality of life. There will be a Planning Commission Resolution No.483-96 • November 6, 1996 Page 6 • cooperative spirit between the government and citizens,whether residential or business, when setting regulations into code. Environmental and aesthetic consciousness will be demonstrated by a redesigned Highway 10,a network of inter-connected trails,parks,and wetland spaces,and active citizen participation in ecological activities." Two goals relative to Highway 10, and a goal on business climate, were adopted and are included in an attachment to this report. The expansion of the Saturn dealership furthers these goals, and is supported. (7) The use will not cause traffic hazards or congestion. The site has adequate access from an arterial highway. No added traffic congestion is expected. Eliminating one of the driveways on Highway 10 and County Road H2 will reduce traffic hazards and conflict points. (8) Adequate utilities,access roads,drainage and necessary facilities have been or will be provided. The proposal will use a previously developed site which is served by existing utilities and • roads. There is an existing drainage ditch along Highway 10. This recommendation of approval includes a condition that a favorable review be received from MnDOT and the Rice Creek Watershed District. WHEREAS, the Planning Commission does hereby find that the conditional;use permit request as submitted by Saturn Development, and with compliance with the conditions stated in this resolution, meets the criteria set forth in Sections 1114.04, Subd. 2, 3, and 8 and Section 1125.01. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission does hereby recommend to the City Council of the City of Mounds View that the conditional use - permit be granted, and the request for development review be approved, subject to the following conditions: 1. Prior to issuance of any grading or building permits, the property owner shall vacate the lot line between 2375 and 2395 Highway 10, if deemed necessary by the City Attorney. 2. Outside signage shall be limited to that allowed by the Municipal Code, or as allowed in any variance approved by the City. Prior to installation of the two additional monument sips shown at the westernmost driveway on Highway 10 411 and the easternmost driveway on County Road H2, the property owner shall Planning Commission Resolution No.483-96 November 6, 1996 • Page 7 obtain approval for a variance for sign area allowed on the-site, insigns other than the pylon sign, or for a code revisions which would allow this additional sign area. • 3. Prior to this case being forwarded to the City Council for action, the applicant shall revise the plans to include the following: a. A detail on the site plan of the lighting fixtures, showing style of luminare and dimensions of lighting standards b. A note on the site plan stating"Signage shown on this plan is subject to separate permit. The monument signs shown at the westernmost entrance on Highway 10 and the easternmost entrance on County Road H2 exceed the standard sign allowances for sign area in the Mounds View Municipal Code and are not approved as part of this plan. These signs may be allowed if approval of a variance is obtained from the City of Mounds View." c. Revision to the distribution of parking spaces so there are 22 spaces for • service customers and at least 27 spaces for employees. A detail shall be • added to the plan showing how the spaces or areas of the parking are to be signed to make it clear where customer and employee parking are located. 4. Prior to this case being forwarded to the City Council for action, the applicant shall obtain written comments from the City Engineer and Rice Creek Watershed District indicating that the plan will provide adequate site drainage. 5. Prior to this case being forwarded to the City Council for action, the applicant shall provide the City with a copy of the test drive route described in the map dated 2/19/92 and referred to in Resolution 4195. 6. Vehicle repair, servicing and maintenance are permitted on this site, excluding body work and painting. All car repairs shall be conducted within the indoor service bays and not outside the service building. 7. A vehicle wash bay is permitted on this site. The use of this bay shall be for customers of the dealership only and not the general public. The stacking of vehicles waiting for washing shall be confined to this site and shall not interfere with vehicle circulation on the site. 8. Any cars taken on trade and not intended for resale shall not remain on the site for i a period of time exceeding 72 hours. Planning Commission Resolution No. 483-96 • November 6, 1996 Page 8 9. No outside merchandizing of accessories shall be allowed. . 10. All transport truck deliveries and pick-up shall be conducted on site'during regular business hours. 11. Outside loudspeakers shall be utilized for paging purpose only. 12. The hours of operation shall be from 7:00 a.m. to 10:00 p.m. Where the conditions contained in this resolution differ from those stated in Resolution 4195 and 4611, the conditions stated in this resolution shall prevail. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of November, 1996 • Jerry Pet son, Chairperson AilEST: • Pamela Sheldon Community Development Director devcases\464-96\reso483.pc • CM?TO REQUEST FOR COUNCIL CONSIDERATION Agenda Section (_, 1 I c p'YYV STAFF REPORT Report Number: I I 0 h(i p ,tiiM Report Date: 11/22/96 I CITY COUNCIL MEETING DATE . `?; November 25, 1996 — p Special Order of Bus. °"$:.Partrc6iNls Consent Agenda X Public Hearings Council Business Item Description: Public Hearing and Consideration of Resolution No. 5047 approving a conditional use permit to allow outdoor sales of Christmas trees at Mounds View Square, 2535 Highway 1'0; Planning Case No. 467-96 Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Warren Schorer,of Land Patterns Landscaping is requesting approval of a conditional use permit for outdoor sale of Christmas trees in the parking area by Bridgeman's Restaurant at Mounds View Square Shopping Center,beginning November 29(see attached diagram). Bridgeman's Restaurant is vacant at this time. The area for the tree lot is approximately 8 parking stalls or 1600 square feet. The remainder of this part of the parking lot has 52 spaces,which staff feels is sufficient to serve the customers of the tree lot. The applicant is proposing to have string lighting around the perimeter of the lot and one 4 foot x 8 foot sign located as is shown on the diagram. The lighting would be 10 feet off the ground and use 100 watt light bulbs. He has permission from the property owner for operating the tree lot. He has also provided a certificate of insurance for an aggregate amount of$1,000,000. e B-4 Regional Business District allows for open or outdoor service,sale and rental as an accessory use with approval of a conditional use permit. The criteria for approval are stated in Section 1115.04 Subd. 2 of the Zoning Code. Current staff assumed that this request needed to go through the same process as was used for the Menyville Farm Market and Linder's Greenhouse. When the request came before Planning Commission,however,they indicated that they had not seen conditional use permits required for Christmas tree lots in the past. So it appears that the tradition has been to only require peddlers licenses. Staff would suggest for the future that the ordinance be amended to provide an exemption for Christmas tree lots from the requirement for a conditional use permit. Since the request for this conditional use permit was submitted,and can be acted upon before the applicant wishes to begin sales,we are presenting it to City Council. The Planning Commission suggested that for this season,we impose the same requirements on other tree lots as are noted in this permit,but only require them to get a peddlers license. (It would be impossible given the time for review and action on CUPs to bring other tree lots to City Council for approval by Thanksgiving.) Absent other direction,we will proceed as they suggested and also prepare revised regulations or a policy to address this situation. The criteria for approval of conditional use permits for outdoor service, sale and rental of merchandise are stated in Resolution No. 5047,along with suggested fmdings on how the criteria have been met. Atil l,�/L vLh-WitA --- . Pamela Sheldon,Community Development Director III RECOMMENDATION: The Planning Commission, on a vote of 7 ayes and 0 nays, and the staff recommend approval of this conditional use permit. A copy of Planning Commission Resolution No. 487-96 is attached. RESOLUTION NO. 5047 11, CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR SALES OF CHRISTMAS TREES AT MOUNDS VIEW SQUARE SHOPPING CENTER, 2535 HIGHWAY 10; PLANNING CASE NO. 467-96. WHEREAS, Warren Schroer of Land Patterns Landscaping has applied for a conditional use permit to allow outdoor sale of Christmas trees from November 29 to December 25 in the parking lot for the Mounds View Shopping Center at 2535 Highway 10, which property is zoned B-4 and is described as follows: Part lying northeasterly of the centerline of State Trunk Highway 10 of NE 1/4 of N1/4 (Subject to Roads and Highways) in Section, 7, Township 30, Range 23 WHEREAS, the Mounds View Zoning Code allows open and outdoor sales in the B-4 Regional Business Zoning District with the approval of a conditional use permit; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Zoning Map b. Planning Application • c. Diagram illustrating proposed layout d. Letter of Request e. Certificate of Insurance f. Letter of Permission from Paster Enterprises WHEREAS, the Mounds View City Council makes the following findings that the criteria for approval in Section 1115.04. Subd. 2 has been met: a. Outdoor service,sales and equipment rental connected with the principal use is limited to thirty percent(30%)of the gross floor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 1600 square feet in the parking lot, which is 1.6% in comparison to the building square footage on the site. This criteria is met. • • City Council Resolution No. 5047 November 25, 1996 Page 2 b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with subdivisions 1103.08(1)through(5)of this Title. The parking lot by Bridgeman's Restaurant does not abut any residential properties, and is bordered on the east by Long Lake Road, south by Highway 10 and north and east by the remainder of the Mounds View Square Shopping Center. The property directly across Long Lake Road is zoned R-1 but is part of the Sunrise Methodist Church property. The area closest to Bridgeman's is forested and contains a large wetland. The property to the south is zoned B-2 and R-4, and is developed as Silver View Plaza, a shopping center, and Wildwood Manor, an apartment building for senior citizens. Mounds View Shopping Center is screened from view from the apartments by a stand of trees between Wildwood Manor and Highway 10. The Bridgeman's site is approximately 450 feet from Wildwood Manor because of the intervening highway right-of-way. This criteria is met. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.0 of this Title. • The applicant is proposing string lighting using 100 watt light bulbs suspended 10 feet from the ground around the perimeter of the lot. This level of lighting is not expected to cause glare beyond the perimeter of the Mounds View Square Shopping Center site. d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use an existing parking lot which is surfaced with asphalt. This criteria is met. e. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Adverse Effects: The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon(but not limited to)the following factors: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The proposal is for a temporary Christmas tree lot in the parking lot of an existing • shopping center. The shopping center is surrounded by roadways, and the lot itself is at least 450 feet from the nearest residential property. The short duration of the use will • Planning Commission Resolution 487-96 . November 20, 1996 Page 3 result in it having little if any effect on the surrounding area. The sale of Christmas trees is a typical seasonal business in a community such as Mounds View, and serves a community need. This criteria is met. WHEREAS, the Planning Commission has recommended that this conditional use permit for outdoor sale of Christmas trees at Mounds View Square Shopping Center be approved. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby approve the conditional use permit for Christmas tree sales at Mounds View Square Shopping Center with the following conditions: 1. The facility shall be allowed to operate from November 29, 1996 to December 25, 1996, with an allowance for site cleanup from December 25 to December 29. The applicant shall remove all evidence of the Christmas tree lot, and return the parking lot to its current condition, by December 29. 2. The hours of operation shall be 8:00 AM to 10:00 PM. 3. The Christmas tree lot shall be located in the Bridgeman's Restaurant parking lot as shown on the diagram submitted with the application. 4. One 4 x 8 foot sign shall be allowed, to be placed as shown on the diagram submitted with the application. The sign may have ground-mounted, indirect lighting. The sign shall be made by a professional sign maker and be of commercial quality. 5. String lighting along the perimeter of the Christmas tree lot shall be permitted, as long as the supports are no taller than 10 feet, and the bulbs do not exceed 100 watts. 6. The applicant shall carry general liability insurance in an amount of$1,000,000. Adopted this 25th day of November, 1996. Jerome Linke, Mayor ATTEST: Charles Whiting, City Clerk-Administrator . (SEAL) ' ' - - CITY OF MOUNDS VIEW PLANNING APPLICATION APPLICANTJ' )R ,' ; ' -Sc (-) E .. Phone < Yy53 • ADDRESS: , 01 k )ijI J . 14,L ME . SAS , k) . Street Address, City, State, and Zp Code �� �� Interest in Proper'� p rty (c.�tecic appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager ❑ Agreement to Purchase ❑ Other (explain) 1°5'0-{ 21P, rJ v Crit- c)Z -Mc • Documentary evidence of applicant's interest in the property may be required before final City=don of this request. PROPERTY INVOLVED: Address/General Location 1-1, cLIA 1 , 0 - I n ilk, Li I) . Legal Description or Property Identification Number Legal Owner: Name/Address 5-- e •,k)-4.Qa -) (J^l'✓, )1{/, �S7-. 1r1c rhe . SS'Il 41• Present Use (check appropriate box): ❑ UndevelopedNacant ❑ Single Family Dwelling • 0 Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units ) a 8usiness/Commerciai EsiabiishMent - O Industrial Establishment ❑ Other (explain) • Property Classification: ❑ Abstract / ❑ Torrens • L, REQUEST: 1C5.-JC1:. 40 S-' /e ,V-4-74- c -‘iPCI *Pease note: Applicant may be responsible for adcitionai fees associated with the review of this request I HEREBY QECLARE THAT THE A8OVE STATalar c lar ARE TRUE. �,rwiSignature Retuning SCO/acre.minimum 5200.maximum S1,CCO V R-t a-2- Park Fund Dedication Fee ndrffonal Use Perm .yl others=W Daae Paid R-1 bo R-2 273;ail others 52C0 Receipt Number Code pp S73 • OeveiooaSite Plan Fleview $100/ac.-e.minimum 100.maximum 5500 iota! 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X vz S3Yttl'o R swort i o S.OIHYW .T` . . \ 73 D C) NOIS 11O1Ad ` 1 .1-\\.\\\.\\:\\\ N J w p 00 ''�~ 04' j$08 1 / CI 1 CU: \_ -1 _ISDINBtld tllOS3NNM I Y ,• 7 L•50001. ,„ _________=...=‘,..___, . >t) y$OOL't lZ -• \ _ _ 6 or or t OL ll ZitCl 4l SL 9l LL in I61' Z \ ym 11 w nn ae ro j : .na 11.-1 a N N x :. m `" i �� o '" F.„ 0 y S OODI'i A300n6 _i Anna tl3OAN5 r ` p m 33 0 t r a . p3 i ;-- C y m 11 I ----. _ m a :- i •-1 " i J ( 5.33 0 1 [ i n i \ II � r_\ i (6316L)'0'd'A 009.6 1 CVOs AlNf1O0 // \ 1 0.43 14,044€4, DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS 2227 University Ave.•St.Paul,MN 551141677•612-646-7901 • Fax 612-646-1389 October 30, 1996 • CENTRAL PLAZA 45th&Central Ave.N.E. Mr. Warren Schorer • Minneapolis,Minnesota Land Patterns 27701 University Avenue North East Isanti, MN 55403 • CRYSTAL SHOPPING CENTER Bass Lake Road&West Broadway Re: Christmas Tree Stand Crystal,Minnesota Bridgeman Lot/Moundsview Square Shopping Center Moundsview, MN 55112 DODDWAY SHOPPING CENTER Dear Mr. Schorer: Smith&Dodd Road West St.Paul,Minnesota Enclosed, please find a fully executed copy of the Lease Agreement for your Christmas Trees Operation in the Moundsview Square Shopping Center. LEXINGTg Oo t&Larpur ZA Aen eOPPES As you are aware, it will be up to you to get the necessary peddler's Roseville.Minnesota license from the City of Moundsview. I talked to Mr. Jim Erickson, 784-3055, who advises me that in all probability, the license will be issued without going before the council. I, however, do urge that yo ya get that license soon, so if they do insist on going before the councillI MENDOTA PLAZA there will be ample time. State Hwy. 110&Dodd Road Mendota Heights,Minnesota I trust you have made arrangements for the necessary insurance as called for in this Letter of Agreement, and if we can assist you in any way, please let us know. MOUNDSVIEW SQUARE Hwy. 10&Long Lake Road Best regards. Mounds View.Minnesota Very truly yours, NORTHWAY SHOPPING CENTER PASTER ENTERPRISES State Hwv.23&Woodland Circle Pines.Minnesota W. Benet SIBLEY PLAZA Vice President West 7th Street&Davern Real Estate • St.Paul.Minnesota • WRB/cew SOUTHVIEW SHOPPING CENTER Suuthview Blvd.& 13th Ave.S South St.Paul.Minnesota GATE(MMIDOrfY) • ACCRDTM CERTIFICATE OF INSURANCE r :4102`66..:. 31-OCT-96 -RooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 0ONLYF ISIS, MUTUAL INSURANCE COMPANY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I LOUIS STREET. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. E uardsville, IL 62025 • r• . ` . • • • • COMPANY A FLORISTS' MUTUAL INSURANCE COMPANY ,'SUREO COMPANY Warren Schorer B Land Patterns COMPANY 27701 University Avenue NE C ' Isanti, MN 55040 COMPANY ICI • OVERAGES, ,: :z::i.i::0:;::> : ..::><> »igi;:>a ::: . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. I EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :;o I POUCY EFFECTIVE POLICY EXPIRATION TRI TYPE OF INSURANCE POLICY NUMBER DATE IMM/DO/YY) DATE(MM/DO/YY) UMITS GENERAL UABIUTY ( GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL UABIUTY PRODUCTS-COMP/OP AGG $ 1,000,000 A .•. CI.MMs MADE -X--OCCUR BP 04806 05/05/96 05/05/97 PERSONAL&Any INJURY a 500,000 OWNER'S&CONT PROT 6660 EACH OCCURRENCE $ 500,000 FIRE DAMAGE(Any one tiro) $ 100.000 MED EXP(Any one parson: I$ 2,000 AUTOMOBILE UABIUTY • I I ANY AUTO COMBINED SINGLE UMIT 16 AU.OWNED AUTOS BODILY INJURY REDUCED AUTOS (Per person) Q I .. I HIRED AUTOS BODILY INJURY 16 ----1 -1 NON-OWNED AUTOS (Per accidanU I —I PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: " ... I i - EACH ACCIDENT $ AGGREGATE I$ EXCESS LIABILITY EACH OCCURRENCE I s UMBRELLA FORM1 AGGREGATE OTHER THAN UMBRELLA FORM $ WORXERS COMPENSATION AND 'STATUTORY OMITS :'.'::.:.::.'::%*'::.‘:-....: EMPLOYERS'UABIUTY WCN 11948 05/05/96 05/05/97 EACH ACCIDENT s 500,000 THE PROPRIETOR/ INCL 6660 DISEASE-POLICY UMIT I $ SOU,000 PARTNERS/EXECUTIVE — I s 500,000 OFFICERS ARE EXCL DISEASE-EACH EMPLOYEE I OTHER • ,EretPTION OF OPERATIONS.WCATIONSN ENICLES/SPSCIAL ITEMS - - " • • • MOUNDS VIEW PLANNING COMMISSION 5-0-0- • RESOLUTION NO. 487-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR OUTDOOR SALES OF CHRISTMAS TREES AT MOUNDS VIEW SQUARE SHOPPING CENTER,2535 HIGHWAY 10; PLANNING CASE NO. 467-96. WHEREAS, Warren Schroer of Land Patterns Landscaping has applied for a conditional use permit to allow outdoor sale of Christmas trees from November 29 to December 25 in the parking lot for the Mounds View Shopping Center at 2535 Highway 10, which property is zoned B-4 and is described as follows: Part lying northeasterly of the centerline of State Trunk Highway 10 of NE 1/4 of N1/4 (Subject to Roads and Highways) in Section, 7, Township 30, Range 23 WHEREAS, the Mounds View Zoning Code allows open and outdoor sales in the B-4 Regional Business Zoning District with the approval of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding • this proposal: a. Zoning Map b. Planning Application c. Diagram illustrating proposed layout d. Letter of Request e. Certificate of Insurance f. Lease Agreement with Paster Enterprises WHEREAS, the Planning Commission makes the following findings that the criteria for approval in Section 1115.04. Subd. 2 has been met: a. Outdoor service,sales and equipment rental connected with the principal use is limited to thirty percent(30%)of the gross floor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 1600 square feet in the parking lot, which is 1.6% in comparison to the building square footage on the site. This criteria is met. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with subdivisions 1103.08(1)through(5)of this Title. • • Planning Commission Resolution No.487-96 November 20, 1996 Page 2 The parking lot by Bridgeman's Restaurant does not abut any residential properties, and is bordered on the east by Long Lake Road, south by Highway 10 and north and east by the remainder of the Mounds View Square Shopping Center. The property directly across Long Lake Road is zoned R-1 but is part of the Sunrise Methodist Church property. The area closest to Bridgeman's is forested and contains a large wetland. The property to the south is zoned B-2 and R-4, and is developed as Silver View Plaza, a shopping center, and Wildwood Manor, an apartment building for senior citizens. Mounds View Shopping Center is screened from view from the apartments by a stand of trees between Wildwood Manor and Highway 10. The Bridgeman's site is approximately 450 feet from Wildwood Manor because of the intervening highway right-of-way. This criteria is met. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.0 of this Title. The applicant is proposing string lighting using 100 watt light bulbs suspended 10 feet from the ground around the perimeter of the lot. This level of lighting is not expected to cause glare beyond the perimeter of the Mounds View Square Shopping Center site. • d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use an existing parking lot which is surfaced with asphalt. This criteria is met. e. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Adverse Effects: The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon(but not limited to)the following factors: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The proposal is for a temporary Christmas tree lot in the parking lot of an existing shopping center. The shopping center is surrounded by roadways, and the lot itself is at least 450 feet from the nearest residential property. The short duration of the use will result in it having little if any effect on the surrounding area. The sale of Christmas trees is • a typical seasonal business in a community such as Mounds View, and serves a community need. This criteria is met. Planning Commission Resolution 487-96 November 20, 1996 Page 3 NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission recommends that the Mounds View City Council approve the conditional use permit for Christmas tree sales at Mounds View Square Shopping Center with the following conditions: 1. The facility shall be allowed to operate from November 29, 1996 to December 25, 1996, with an allowance for site cleanup from December 25 to December 29. The applicant shall remove all evidence of the Christmas tree lot, and return the parking lot to its current condition, by December 29. 2. The hours of operation shall be 8:00 AM to 10:00 PM. 3. The Christmas tree lot shall be located in the Bridgeman's Restaurant parking lot as shown on the diagram submitted with the application. 4. One 4 x 8 foot sign shall be allowed, to be placed as shown on the diagram submitted with the application. The sign may have ground-mounted, indirect lighting. • 5. String lighting along the perimeter of the Christmas tree lot shall be permitted, as long as the supports are no taller than 10 feet, and the bulbs do not exceed 100 watts. 6. The applicant shall carry general liability insurance in an amount of$1,000,000. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to the approval of the minutes. Adopted this 20th day of November, 1996. Jerry Peterson, Chairperson ATTEST: • Pamela Sheldon, Community Development Director (SEAL) S cot oF Agenda Section: I.A REQUEST FOR COUNCIL CONSIDERATION Report Number: l9b-i906C Report Date: 11-2-1"lb STAFF REPORT Council Action: OEN ❑ Special Order of Business III �°St1110,106 •PartneOls 0 Public Hearings CITY COUNCIL MEETING DATE November 25, 1996 Consent Agenda 61. Council Business Item Description: Consideration to Purchase Water Tanks and Entrance Door Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; In 1993 the City purchased a new Jet Truck and as with all new equipment, various warranties cover numerous parts of the truck and equipment. It was identified during recent operations that the aluminum water tanks are decaying on both the outside and more evident on the inside. The tanks carry a five year warranty,placing the replacement or repair within the manufacturer's responsibility. Staff presented this situation to the local dealer representative. The accelerated deterioration of the tanks apparently results from water being constantly stored in the tanks. While this explanation does contradict the purpose of the tanks and machine,this is what staff has been told. It appears that the chemical makeup of certain waters will react with and against • the aluminum tanks. Staff was not made aware of this situation at the time of purchase. The manufacture has stated that they will replace the tanks and will continue the existing warranty, which will terminate at the end of July 1998. Replacing the tanks with aluminum again will surely result in a similar situation after a period of years of use in the same manner. The tanks must remain filled with water at all times to provide the most efficient response time possible for a blocked sewer main. Staff has received a quote from the manufacturer to replace the tanks with stainless steel, which will eliminate any future deterioration of the water tanks. The cost differential between aluminum and stainless steel tanks is$2,600.00. In an effort to reduce this amount, staff requested a price to change the tanks in-house. The procedure is very simple and will require approximately four hours. Mounting the new tanks will save the City $600.00. Since this expenditure was unknown and unexpected, staff is requesting to utilize contingency • funds in the Wastewater Infrastructure and Equipment program to purchase the upgraded • stainless steel tanks. Staff is also requesting the utilization of contingency funds to replace the south service door at the Public Works Facility. This door enters directly into the wash bay and is constantly wet either from direct contact with water or vapor from the pressure washer, consequently the door is rusted out on the bottom. The expansion of the metal door causes improper closure, non-closure and air • voids which contribute to heat loss and freezing of the door sill. Staff had anticipated replacing armiagsbajar, but after recent bouts of the door constantly not closing, providing further temporary repairs and maintenance is not cost effective. Staff has received a quote from Best Locks who is a factory direct representative for a fiberglass reinforced polyester door. This door has been manufactured specifically for use in harsh environments such as water treatment chemical storage areas and high humidity applications. The door is warrantied for ten years. Staff will monitor the performance of this door in the future, as it is likely replacement of the remaining steel service doors at various facilities including the Public Works Facility will require replacement in the future. The price of the new door complete with frame, panic bar, closer and installation is $2,275.00. Staff is requesting contingency funds for this purchase. If Council has any questions or concerns regarding these issues,please feel free to call me. r . „ .._ . , , ic ael Ulrich, Director of Public Works RECOMMENDATION: • Council authorize a transfer of$4,275.00 from the Wastewater Contingency account 730-4123- 910, of which$2,000 will be transferred to Wastewater Acc't 730-4121-513 Equipment Repairs, and$2,275 transferred to Wastewater Acc't 730-4121-121 Buildings & Grounds. All of these accounts are in the Wastewater Infrastructure and Equipment Program. • Virg a'i REQUEST FOR COUNCIL CONSIDERATION Agenda Section I I,8 STAFF REPORT Report Number: % I507C • "N`' Report Date: 11/21/96 CITY COUNCIL MEETING DATE A Reg November 25, 1996 s Special Order of Bus. t��'esr- rino�s�,4 �r Consent Agenda Public Hearings X Council Business Item Description: Consideration of Ordinance 590, an ordinance relating to setbacks for parking lots, driveways, and principal and accessory buildings; minimum lot area for non-residential uses listed as conditional uses in residential districts; the continued use of non-conforming parking lots for non-residential conditional uses in residential districts, and amending Title 1100, Sections 1102.01, 1104.01, 1104.02, 1106.04, 1107.05, 1109.04, 1110.04, 1121.09, 1121.11,and 1123.02; Planning Case No. SP-008-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: A public hearing on this ordinance was held on November 12, 1996, and no comments were received from the public. The Mounds View Zoning Code allows for certain non-residential uses to be developed in residential districts with the approval of a conditional use permit. These uses include: Public or semi-public recreational buildings and neighborhood or community centers,public and private educational institutions limited to elementary,junior high and senior high schools and religious institutions such as churches,chapels,temples and synagogue. • Governmental and public utility buildings and structures necessary for the health,safety and general welfare of the community. • Day care,group nursery. • Nursing homes and similar group housing but not including hospitals, sanitariums or similar institutions. • Parking facilities for adjacent commercial...establishments. These uses differ from single family residential uses in that they have parking lots. The current setback requirement for parking lots is five feet from property lines. During the discussions on the New Apostolic Church, which was proposed on property at 3025 County Road H, it became apparent that citizens feel five feet is not sufficient to provide adequate buffering between parking lots and residences, and that having a parking lot that close to their property has a detrimental effect on the residential character of the neighborhood. Preparation of this ordinance was prompted by a request from Mr. Danny D. Moon, 6929 Pleasant View Drive, that the Zoning Code be amended to require a minimum 15 foot setback between parking lots and property lines, when the parking lots are for churches or any commercial uses, and these uses abut residential uses. In studying this request, the Planning Commission and staff expanded the scope of the proposed amendment to include setting a minimum lot size for non-residential uses in residential districts, and to clarify other provisions in the Zoning Code related to setbacks. The Planning Commission is also recommending that he setback between parking lots for non-residential uses and residential properties be 20 feet for sites of 2.5 acres or less, and 30 feet for sites of more than 2.5 acres. These dimensions are larger than the 15 feet requested by Mr. Moon, and are based on the setbacks observed on existing church sites in Mounds View. Mayor and City Council Planning Case No. SP-008-96 Page 2 • The requirement for 20' or 30' setbacks for parking lots would not apply to governmental or public utility buildings. The proposed ordinance would: • add a definition of"principal building" • clarify that the setbacks in the table in 1104.01 Subd. 3 pertain to principal buildings • clarify when and how front setbacks for new residences in the R-1 and R-2 districts shall be adjusted based on the setbacks of existing residences in the same block • clarify that garages,which are part of a residence and have a side setback of five feet,cannot be converted into living space between five feet and ten feet of the side lot line • create a section on setbacks for accessory buildings,and clarify setback provisions such that no accessory buildings may be located in front of a residence in the residential districts,and side setbacks from streets on corner lots shall be the same as the residence(30 feet). It also would allow accessory buildings of 400 square feet or less to be placed within ten feet of the side or rear property line in the business and industrial districts. • create a section on setbacks for parking areas and driveways: * establishes a minimum parking lot setback of 20 feet,for sites having 2.5 acres or less,and 30 feet,for sites having more than 2.5 acres,where the parking lot serves a non-residential use and abuts property in a residential district * retains existing setbacks for parking areas from front property lines in business(30')and industrial(40') * retains existing setbacks for parking areas from side and rear property lines in business and industrial • districts(5') • clarifies setbacks requirements from"second"front on through lots • establish a requirement that a property owner obtain an encroachment permit for driveways or parking areas in easements,if required by the City • establish a minimum lot size of one acre for non-residential uses located in residential districts,except for governmental and public utility buildings and structures necessary for the health,safety and general welfare of the community • allows existing parking areas which do not conform to the new setback requirements to be considered legal,non- conforming uses,and allows them to be resurfaced,restriped,repaired and replaced in compliance with the original setback requirements,except that if they are being reconstructed or replaced and it is possible to meet the new setback requirements with losing required parking spaces,they shall be made conforming to the new setback requirements - • a number of cross-references have been added to help readers navigate the Code Many of the items listed above as clarifications put our current practices into the ordinance. Provision has been made for existing parking lots which do not meet the new setback requirements to continue in use and to be repaired and reconstructed. Pamela Sheldon, Community Development Director RECOMMENDATION: The Planning Commission, on a vote of 6 ayes and 0 nays, and the staff I recommend approval of Ordinance 590 as presented. . ORDINANCE NO. 590 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO SETBACKS FOR PARKING LOTS, DRIVEWAYS,AND PRINCIPAL AND ACCESSORY BUILDINGS; MINIMUM LOT AREA FOR NON-RESIDENTIAL USES LISTED AS CONDITIONAL USES IN RESIDENTIAL DISTRICTS; THE CONTINUED USE OF NONCONFORMING PARKING LOTS; AND AMENDING TITLE 1100, SECTIONS 1102.01, 1104.01, 1104.02, 1106.04, 1107.05, 1109.04, 1110.04, 1121.09, 1121.11,AND 1123. 02 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 1102.01 of the Mounds View Municipal Code is hereby amended to add the following definitions which shall be inserted as subdivisions in alphabetical order, and the remaining subdivisions in this section are to be renumbered accordingly: • Parking Area: An area separate from public rights-of-way designed and surfaced for the parking of motor vehicles including parking spaces, drive aisles, and associated access and egress routes. Parking areas shall also include emergency access lanes and loading areas. Principal Building: The main or primary building containing the principal use of a property as distinguished from an accessory building. Section 2. Section 1104.01 Subd. 3. of the Mounds View Municipal Code Is hereby amended to read as follows: Subd. 3. Setbacks for Principal Buildings: The setback distances listed in the table below apply to principal buildings, except as otherwise provided for conditional uses in specific zoning districts. All setback distances shown, as listed in thv table below, shall be measured from the appropriate lot line. The lettered footnotes correspond to Section 1104.01 Subd. 3. a., b., c., and d. Front Yard Side Yard Rear Yard District' Minimum Minimum When Abuts Minimum When Abuts Residential Residential R-1 30 a.d. 10 b. 30d. R-2 30 a.d. 10 b. 30d. R-3 30 10 c. 20 c. 30 40 R-4 30 20 c. 20 c. 30 50 RR=5 --As required under Chapter 1110.05 of this Title-- -Lettered footnotes in this table correspond to Section 1104.01 Subd. 3. a.,b.,c.,and d. Ordinance No. 590 . Page 2 R-O 30 20 c. 20 c. 30 50 B-1 30 d- 10 c. 20 c. 20 30 B-2 30 d- 10 c. 20 c. 20 30 Front Yard Side Yard Rear Yard District' Minimum Minimum When Abuts Minimum When Abuts Residential Residential B-3 30 d- 10 c. 20 c. 20 40 B-4 30 d 10 c. 30 30 40 I-1 40 d- 20 c. 40 40 40 PUD --As required under Chapter 1120 of this Title-- a. Where principal buildings in existence on lots within the same block on the same side of the street have front yard setbacks different from those required, the minimum front yard setback for any new principal buildings shall be • •• • ••'• • • . the minimum front yard setback in existence for any one lot. • ' • .•'. • • , (30') and the setback of the adjacent sti acture. In no case shall the front yard . setback be less than thirty feet (30'). For purposes of this subsection a., a block shall be defined as that group of lots lying along a street between the two closest intersecting streets, except that where the Iength of the street frontage between the two intersecting streets is greater than fourteen hundred (1400) feet, the block shall be the lots within six hundred and fifty(650) feet on either side of the lot in question, or to an intersecting street whichever is less. b. Not less than thirty feet (30') from the lot line if lot is on corner and the lot line abuts a street. , • • • • • , • . • •• •• • _ • • • • ' • • •• •. The side yard setback may be reduced to five feet (5') between an interior side lot line and that side of a principal building which is constructed as a garage. Where an attached garage is placed between the five foot (5') and the ten foot (10') side yard setback which applies to principal buildings, that portion of the garage at ten feet (10') or less to the side lot line shall not be converted into living space or another use. c. Not less than thirty feet (30') from lot line if lot is on corner and lot line abuts a street. .. • - '•• : • • •. • .• • • • • • •- • •• 1 11 • - II • setback. d. Where a lot is a through lot, the minimum setback for principal buildings from the lot line abutting the street at the rear of the lot shall be the same as the front setback. • 2Lettered footnotes in this table correspond to Section 1104.01 Subd. 3. a.,b.,c.,and d. Ordinance No. 590 • Page 3 Section 3. Section 1104.01 Subd. 4. Is hereby amended to read as follows: Subd. 4. Location to Diiveway: Diiveway Jurfacesshall be not less than five feet (5') flout any lut line, except w11ei a said d1 ivew ay y1 ovideb accesstu a public st1 eet. •• I I • • .1•. . • I • • •• I• .4 • 1.1 -. The combined width of temporary parking and driveway surfaces shall not exceed th11ty five feet (35'). Subd. 4. Minimum Setbacks for Accessory Buildings, Driveways and Parking Areas: a. Accessory Buildings (detached from a principal building): (1) R-1, R-2, R-3, R-4, R-5 and R-O: (a) front: no accessory building shall be located between the front of the principal building and the front lot line. (b) side: five feet (5') except the minimum setback shall be 30' from any lot line abutting a public street. rear, including street frontages at the rear of through lots: five feet (5'). • (2) All other districts: (a) front: no accessory building shall be located between the front of the principal building and the front lot line. abi side: same as principal building. (c) rear: same as principal building, except accessory buildings having 400 square feet or less and not abutting property in a residential district or a street, may have a minimum rear setback of ten feet (10'). b. Driveways: Driveway surfaces shall have a minimum setback of five feet (5') from any lot line, except driveways shall be permitted to cross a required setback area in order to establish access between the lot and a public street. Where a driveway would encroach into an easement, the property owner shall obtain an encroachment permit if required by the City prior to construction of the driveway. Drive aisles and driveways which are within the boundaries of a parking area shall conform to the setbacks required for parking areas. e. Parking Areas: (1) R-1, R-2, R-3, R-4, R-5, R-O: (a) residential uses: • five feet (5'), except in the R-1 and R-2 districts, temporary parking areas shall be permitted with a setback of one foot (1') provided the owner(s) of the abutting lot(s) indicates his/her permission on a form acceptable to the City. Where a temporary parking area Ordinance No. 590 • Page 4 would encroach into an easement, the property owner shall obtain approval for an encroachment permit if required by the appropriate authority prior to construction of the driveway. The combined width of parking and driveway surfaces shall not exceed thirty five feet (35'). (Ord. 524, 2-22-93) Surfacing of temporary parking areas shall be in accordance with Section 1121.09 Subd. 7. (b) non-residential uses: five feet (5') except where non-residential uses abut property in a residential district, the setback for parking areas from the common property line shall be as follows: jib for sites having two and one-half (2.5 ) acres or less: twenty feet (20'1 fill. for sites having more than two and one-half(2.5) acres: thirty feet (30') Parking areas in existence as of the date of enactment of this ordinance), and which do not conform to the provisions of this subsection, may continue subject to the provisions of Section 1123.02 Subd. 1(b). B-1, B-2, B-3, B-4 (parking areas and loading docks): 0a,) front: 30 feet side and rear: 5 feet, except where a non-residential use abuts a property in a residential district, the setback for parking areas from the common property line shall be as stated in Section 1104.04 Subd. 4.c.1.b. (3) I-1 (parking areas and loading docks): (a) front: 40 feet (b) side and rear: 5 feet, except where a non-residential use abuts a property in a residential district, the setback for parking areas from the common property line shall be as stated in Section 1104.04 Subd. 4.c.1.b. Section 4. Section 1104.02 Subd. 2. is hereby amended to read as follows: Subd. 2. Lot Aieas Dimensions: Lot dimensions width and area shall not be less than the following: a. Width (1) R-1 interior lot 75 feet • (2) R-1 corner lot, R-2, R-3, R-4, R-O 100 feet b. Square-Peet Minimum Lot Area Ordinance No. 590 Page 5 (1) Computations for lot area shall not include land beyond a depth of one hundred fifty feet (150') on lots having less than one hundred foot (100') frontage. (2) Lots having equal to or greater than one hundred foot (100') frontage may use depths not exceeding one and one-half(1-1/2) times the frontage in computing lot area. (3) Minimum lot size area requirement shall be as stated in the table below. The lot area per dwelling unit requirements for townhouses, condominiums, planned unit developments and multiple family developments shall be calculated on the basis of the total area in the project and as controlled by an individual and/or joint ownership: • Ordinance No. 590 • Page 6 District/Type of Lot Minimum Lot Size Minimum Lot Area (in square feet) Per Dwelling Unit (in square feet)_3_ R-1 Interior 11,000 11,000(no more than one unit Single Family Detached per lot regardless of lot size) R-1 Corner Lot 12,500 12,500(no more than one unit Single Family Detached per lot regardless of lot size) R-1,R-2,R-3,R-4,R-5 43,560(1 acre) Non-residential uses listed as conditional uses,except for governmental and public utility buildings and structures necessary for the health,safety and general welfare of the community R-2, -12,500 for lot developed with single- 12,500 for single family detached Single Family Detached; Two family detached dwelling., dwellings(no more than one unit Family Attached Dwellings -6,250 for each half of divided lot per lot regardless of lot size) developed with two-family dwelling. . 6,250 for each unit in a two- -12,500 for undivided lot developed with family dwelling(no more than • two-family dwelling two units per lot regardless of lot size R-3.R-4 single family detached: 11,000 Single Family Detached., two-family: 6,250 Two Family Attached; townhouse: 6,500 Townhouses,Condominiums, multiple family: 2,500 Planned Unit Developments, Multiple Family' II=1 43,560(1 acre) B-1,B-2,B-3,B-4 no minimum;must allow for setbacks and parking requirements to be met • . • • ,::: • • . (b) R-1—Lorncr lut, R-2, R-3 12,500 square fed (c) I-1 1 aut e • . . • • •• - • • t • •1 • • • •• • • 1 • • • •• I •• , • •• 1 1■ .1 • • 611 • • I • • •• • I .► • • • • I. • • .1 .11 . ' ' • • • • . • • • I ' .! • •'• •. • • I • " 1•. (b) Two-family 6,250 squaft fed • 3 See Section 1104.01 Subd 2.b.(3)and(4). Ordinance No. 590 Page 7 (c) Townhouse 6,500 square fed (d) Multiple-Family , (5)(4) Usable Open Space: Each multiple-family dwelling site shall contain at least six hundred twenty five(625) square feet of usable open space as defined by Section subdivision 1102.02(109) Subd. 109 of this Code for each dwelling unit contained therein. Section 6. Section 1106.04 Subd. 1 and Section 1110.04 Subd. 2 are hereby amended to read as follows: Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary,junior high and senior high schools and religious institutions, such as churches, chapels, temples and synagogues; provided, that: a. Front yard depths shall be a minimum of thirty five feet (35'). b. Side yards shall be no less than thirty feet (30'). e. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02 Subd. 2.b.(3). • cd. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1103.08(6)of this Title. d e. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 1103.08(6)of this Title. e:f. Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122 of this Title. fg_ The provisions of Subdivisiv,i Section 1125.01 Subd. 1 (-1-)e of this Title are considered and satisfactorily met. Section 7. Section 1107.05 Subd. 2 and Section 1110.04 Subd. 7 are hereby amended to read as follows: Day care, group nursery; provided, that, a. No overnight facilities are provided for the children served. Children are delivered and removed daily. b. The front yard depth shall be a minimum of thirty feet (30'). e. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02 Subd. 2.b.(3). Ordinance No. 590 • Page 8 c-d. No less than forty(40) square feet of outside play space per child shall be provided and that such space be suitably fenced and/or screened in accordance with conditions as may be specified by the City Council. rl-e. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. e-f. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. fg_ The site and related parking and service entrances shall be served by an arterial of collector street of sufficient capacity to accommodate the traffic which will be generated. g:h. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. hi. The provisions of bubdivisioil Section 1125.01 Subd. 1. (1-)e. of this Title are considered and satisfactorily met. (1988 Code §40.11) Section 8. Section 1109.04 Subd 2. and Section 1110.04 Subd. 8 are hereby amended to read as follows: Nursing homes and similar group housing but not including hospitals, sanitariums or • similar institutions; provided, that: a. Side yards double the minimum requirements established for this District and are screened in compliance with Section 1003.08 1103.08(G) 1103.08 of this Title. b. • Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02 Subd. 2.b.(3). irc. Only the rear yard shall be used for play or recreational area. Said area shall be fenced and controlled and screened in compliance with Section 1003.08 1103.08(G) 1103.08 of this Title. cd. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. d-e. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. e-f. All State laws and statutes governing such use are strictly adhered to, and all required operating permits are secured. • 0 • Ordinance No. 590 Page 9 ftg, On off-street loading space in compliance with Chapter 1122 of this Title is provided. • gh. The provisions of subdivision Section 1125.01 Subd. 1. el)e of this Title are considered and satisfactorily met. Section 9. Section 1121.09 Subd. 11 is hereby amended to read as follows: Subd. 11. Curbing and Landscaping: Except for single-family, two-family and townhouses (in developments of six units or less), all open off-street parking shall have a perimeter curb barrier around the entire parking lot_ , said cadirbarrier shall • . • • .l • • . The location of this curb barrier shall comply with the setback requirements for parking areas stated in Section 1104.01 Subd. 4. Grass, plantings or surfacing materials shall be provided in all areas bordering the parking area. Section 10. Section 1121.11 Subd. 3 is hereby amended to read as follows: Subd. 3. Accessory off-street parking . • • • shall comply with the required minimum setbacks as stated in Section 1104.01 Subd. 4. Section 11. Section 1123.02 Subd. 1 is hereby amended to read as follows: • Subd. 1. Continuance of Use: (a) General: Any structure or use lawfully existing prior to achange revision to this Code or a change in a zoning district designation which makes the structure or use nonconforming shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended. (2) Parking Areas for Non-Residential Uses, Allowed by Conditional Use Permit, in the R-1, R-2, R-3, R-4 and R-5 Districts: Parking areas in existence as of the date of enactment of this ordinance, and having setbacks which are non-conforming with respect to setback requirements stated in Section 1104.01 Subd. 4, may continue in use and may be resurfaced and restriped, and may be reconstructed or replaced using setbacks which conform to the ordinance in effect at the time of original construction, except that, a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time . of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development. • Ordinance No. 590 • Page 10 Read by the City Council of the City of Mounds View this day of , 1996. Read and passed by the City Council of the City of Mounds View this day of , 1996. Jerome Linke, Mayor ATTEST: Charles Whiting, City Clerk-Administrator APPROVED AS TO FORM: • Robert Long, City Attorney c:\office\wpwin\wpdocs\regs\parksetb\parksetb.fm • an?CO REQUEST FOR COUNCIL CONSIDERATION Agenda Section (I I .C. STAFF REPORT Report Number: CI •'MC • n ~" " ` '" Report Date: 11/21/96 CITY COUNCIL MEETING DATE , 01.607 November 25, 1996 — As Special Order of Bus. a8iejf` Parmc��t4 Consent Agenda Public Hearings X Council Business Item Description: Introduction of Ordinance 592, An Ordinance Relating to Manufactured Home Park Closings and Amending Title 1000 by Adding a New Chapter 1011 of the Mounds View Municipal Code; Planning Case No. SP-010-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The City Attorney's Office has prepared the attached ordinance which would establish certain requirements if an owner of a manufactured home park elects to close part or all of the park. These requirements include: • Park owner shall prepare a closure statement,addressing the availability,location and potential costs of adequate replacement housing within a 25 mile radius of the park. Park owner shall provide notice and the closure statement to residents at least nine months prior to closure. Notice and closure statement shall be submitted to Planning Commission;Planning Commission shall request City Council to schedule a public hearing. • City Council shall conduct a public hearing with notice to residents at least 10 days prior • Park owner shall pay reasonable costs of relocating each resident's manufactured home to another manufactured home park within 25 mile radius,or an amount equal to the estimated market value of the manufactured home. • Total compensation is limited to 20%of the purchase price of the park or its market value,as determined by the County Assessor,whichever is greater. Preparation of this ordinance began two years ago, with the assistance of a citizen task force. The task force included representatives from each manufactured home park in the Mounds View. Adoption of the ordinance was put on hold at the suggestion of the City Attorney's office because both Bloomington and Wilmar were being sued over their mobile home park closing ordinances. The City Attorney suggested that Mounds View wait until these cases were settled before we adopted an ordinance. The case against Bloomington has been decided and the Bloomington ordinance has been upheld. At your work session on November 4, the City Council directed that adoption of the ordinance proceed. Suggestions made by City Council at the work session have been incorporated into the proposed ordinance. These include assigning responsibility to the park owner rather than park buyer, and tying compensation to either the purchase price or the market value of the park, whichever is greater. These suggestions recognize that a manufactured home park may close for other reasons than being purchased for redevelopment, and the last price paid for the park may not reflect its true value. it14./'k-t - ' amela Sheldon, Community Development Director RECOMMENDATION: Introduce Ordinance 592 for first reading and waive reading of the ordinance. The second reading and public hearing on this ordinance is scheduled for December 9 at 7:05, in order to allow 14 days between readings. • ORDINANCE NO. 592 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A ORDINANCE RELATING TO MANUFACTURED HOME PARK CLOSINGS AND AMENDING TITLE 1000 BY ADDING A NEW CHAPTER 1011 OF THE MOUNDS VIEW MUNICIPAL CODE The City of Mounds View Ordains: Section 1. Title 1000 of the Mounds View Municipal Code is amended by adding a new Chapter 1011 entitled"Manufactured Home Park Closings" to read: 1011.01: PURPOSE: In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this Chapter is to require park owners to pay displaced residents reasonable relocation costs and additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095. • 1011.02: DEFINITIONS: The following words and terms when used in this Chapter shall have the following meaning unless the context clearly indicates otherwise: Subd. 1. CLOSURE STATEMENT: a statement prepared by the park owner clearly stating that the park is closing, addressing the availability, location and, potential costs of adequate replacement housing within a 25 mile radius of the park that is closing and the probable relocation cost of the manufactured home located in the park. Subd.2. DISPLACED RESIDENT: a resident of a manufactured home located in a manufactured home park which is subject to the requirements of this Chapter, which resident has an ownership interest in the manufactured home. A resident shall include the members of the resident's household, as of the date the park owner submits a closure statement to the City's Planning Commission. Ownership interest shall include fee title, contract for deed vendee or a leasehold. Subd. 3. LOT: an area within a manufactured home park, designed or used for the accommodation of a manufactured home. Subd. 4. MANUFACTURED HOME: a structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erect on site, is 320 or more square feet and which is built on a permanent chassis and designed to be • City Council Ordinance No. 592 December 9, 1996 Page 2 used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, and electrical system contained in it. Subd. 5. MANUFACTURED HOME PARK: any site, lot, field, or tract of land upon which two or moreoccupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent vehicle, or home park. This definition does not include facilities which are open only during three or fewer seasons of the year. Subd. 6. PARK OWNER: the owner of a manufactured home park and any person acting on behalf of the owner in the operation, management or legal control of a park. Subd. 7. PERSON: any individual, corporation, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity. 1011.03 NOTICE OF CLOSING: If a manufactured home park is to be closed, converted 111 in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine months prior to the closure, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. 1011.04 NOTICE OF PUBLIC HEARING: The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the City with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. 1011.05 PUBLIC HEARING: A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. 1011.06 PAYMENT OF RELOCATION COSTS Subd.•1 After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the • manufactured home to another, manufactured home park located within a 25 mile radius of the park that is being closed, converted to another use or ceasing operation. Reasonable relocation costs shall include: • City Council Ordinance No. 592 December 9, 1996 Page 3 a. The actual expenses incurred in moving the displaced resident's manufactured home and personal property, including the reasonable cost of dissembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting, and awnings, which were acquired before or after notice of closure or conversion of the park and utility"hook-up" charges. b. The cost of insurance for the replacement-value of the property being moved. _ c. The cost of repairs or modifications that are required in order to move the manufactured home. 1011.07 PAYMENT OF ADDITIONAL COMPENSATION Subd. 1. If a resident cannot relocate the manufacture home within a 25 mile radius of the park that is being closed or some other agreed upon distance, the resident is entitled to additional compensation to be paid by the park owner, in order to mitigate the adverse financial impact of the park closing. If the resident tenders the title to the manufactured home, the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by the County Assessor and as reported on the resident's most recent property tax statement. The park owner shall pay such compensation into an escrow account established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced residents no later than thirty(30) days prior to the closing of the park or its conversion to another use. Subd. 2. If a resident cannot relocate the manufactured home within a 25 mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. Subd. 3. The total compensation to be paid to displaced residents by the park owner shall not exceed twenty (20) percent of the purchase price of the park or twenty(20) percent of the market value of the park as determined by the County Assessor, whichever value is greater. • 1011.08 VERIFICATION OF COSTS: The displaced resident must submit a contract or other verified cost estimates for relocating the manufactured home to the park owner for approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other verified cost estimates, the park owner shall City Council Ordinance No. 592 December 9, 1996 Page 4 arrange for relocating the manufactured home and pay the relocation costs identified in Section 1011.06 1011.09 PENALTY Subd. 1. Violation of any provision of this Chapter shall be considered a misdemeanor. Subd. 2. Any provisions of this Chapter may be enforced by injunction or other appropriate civil remedy. Subd. 3. The City shall not approve an application for a building permit, rezoning. platting, development review, conditional use permit or variance in conjunction with reuse of manufactured home park property unless the park owners has paid reasonable relocation costs and provided additional compensation in accordance with the requirements of this Chapter. Section 2. EFFECTIVE DATE: This ordinance shall take effect thirty(30) days after the • date of its publication. Read by the City Council of the City of Mounds View this day of , 1996. Read and passed by the City Council of the City of Mounds View this day of , 1996. Jerome Linke, Mayor ATTEST: Charles Whiting, City Clerk-Administrator (SEAL) c:\office\wpwin\wpdocs\specproj\moblhome\sp-010.ord �.r REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11D STAFF REPORT Report Number: 96-1909 • OUNDS Report Date: 11/21/96 COUNCIL MEETING DATE "•,,�o�rc O( 1 i November 21, 1996 — Special Order of Bus. s n-Partners' Consent Agenda Public Hearings X Council Business Item Description: Consideration of Resolution Authorizing Staff to Begin Negotiations for a Temporary Lease Arrangement with Children's Home Society of Minnesota for Space in the Bel-Rae Facility. Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: At the November 18, 1996 work session staff discussed Children's Home Society's need for space to accommodate a child care center. The CHS is currently serving 50 children at their child care center located in Spring Lake Park High School. SLP High School is in need of the space therefore CHS will need to vacate the space currently occupied. .taff has discussed the possibility of leasing space in the Bel-Rae to accommodate CHS's current and long term child care center needs. After several meetings, it is clear that a partnership between the City and CHS would be a benefit for the entire community. CHS has an excellent reputation for providing quality child care services that address the needs of the entire family. CHS provides social service type programs such as counseling for teen mothers, crisis nursery services, work study programs for area youth, scholarship • programs for families in need and working with Head Start and other County social service and School District programs. CHS receives the majority of their funding through donations from individuals, clubs, organizations, corporations and foundations. In addition, CHS provides market rate fees for child care services as well as sliding scale fees. Since Council has not determined the full redevelopment nature of the Bel-Rae, it has been suggested that we enter into a temporary lease arrangement with CHS. The attached resolution authorizes staff to negotiate the terms of the temporary lease and bring a final lease agreement back to the Council for approval. (16.41/ /04•LALetf-- Cathy Bennett,Dire tor of Economic Development RECOMMENDATION: Approve Resolution Authorizing Staff to Begin Negotiations for a Temporary Lease Arrangement with Children's Home Society of Minnesota for Space in the Bel-Rae Facility. I RESOLUTION NO. 5052 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING STAFF TO BEGIN NEGOTIATIONS FOR A TEMPORARY LEASE ARRANGEMENT WITH CHILDREN'S HOME SOCIETY OF MINNESOTA FOR SPACE IN THE BEL-RAE FACILITY WHEREAS,the Mounds View Economic Development Authority took ownership of the Bel-Rae Ballroom land, building, furniture and fixtures located at 5394 Edgewood Drive (facility) effective July 1, 1996; and WHEREAS, the Mounds View Economic Development Authority conveyed the facility to the City of Mounds View for$1per Resolution No. 96- EDA53 on September 23, 1996; and • WHEREAS, Children's Home Society of Minnesota(CHS), established in 1889,provides a variety of services throughout Minnesota in the areas of adoption, child care and family life education,teenage pregnancy prevention, day shelter for underprivileged inner-city school children, crisis nursery, support groups and high school work study programs; and WHEREAS,the City has been meeting with the directors of the CHS for several months regarding their need for space to house a child care center currently located at Spring Lake Park High School; and WHEREAS, CHS needs a minimum of 3,000 square feet of classroom and office space in addition to shared use of kitchen and bathrooms to sustain the level of Child Care provided currently in Spring Lake Park; and WHEREAS, space within the Bel-Rae facility could be remodeled to accommodate CHS's initial and long term need for child care services; and WHEREAS, The City of Mounds View would benefit from a partnership with CHS through increased social service programs and lease payments to subsidize current overhead costs of the Bel-Rae. • • PAGE TWO OF TWO RESOLUTION NO. 5052 NOW THEREFORE BE IT RESOLVED, that the City Council, in and for the City of Mounds View, does hereby authorize City Staff to begin negotiations for a temporary lease arrangement with Children's Home Society of Minnesota for space in the Bel-Rae facility; and BE IT FURTHER RESOLVED, that the City Council requests that the lease arrangement be approved by the City Council upon final negotiations. • • Adopted this 25th day of November, 1996. ATTEST: Mayor (SEAL) Clerk\City Administrator • tztr CITY OF MOUNDS VIEW Agenda Section 11,e REQUEST FOR COUNCIL CONSIDERATION Report Number:Qb- 1910 • JU ) STAFF REPORT Report Date: 11/21/96 PEW COUNCIL MEETING DATE — Special Order of Bus. Part„¢ePQ` November 25, 1996 — Consent Agenda Public Hearings X Council Business Item Description: Adoption of Resolution No. 5051 Approving the City of Mounds View's Formal Written Objections to the Metropolitan Airpots Commission's Proposed Draft Long-Term Comprehensive Plan Update Dated July 1996 For the Anoka County-Blaine Airport Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: As discussed with the Council at its November 4 work shop, City Attorney Long has drafted a letter to the Metropolitan Airports Commission siting the City's objections to the MAC long term comp plan. Resolution 5051 authorizes staff to pursue"all necessary steps, including litigation" to represent the City's position regarding the plan and insure it complies with the 1986 court order on the matter. • Chuck Whiting, City A ministrator RECOMMENDATION: Approval of Resolution No. 5051 • RESOLUTION NO. 5051 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING CITY'S FORMAL WRITTEN OBJECTIONS TO THE METROPOLITAN AIRPORTS COMMISSION'S PROPOSED DRAFT LONG-TERM COMPREHENSIVE PLAN UPDATE DATED JULY 1996 FOR THE ANOKA COUNTY-BLAINE AIRPORT WHEREAS,future development of the Anoka County-Blaine Airport ("Airport") is governed by a Court Order dated July 28, 1986, Court File No. 454984 ("Order") which resulted from litigation the City of Mounds View("City") initiated against the Metropolitan Council and the Metropolitan Airports Commission("MAC"); and WHEREAS, the MAC has prepared a proposed Draft Long-Term Comprehensive Plan Update dated July, 1996 ("Plan") for the Airport; and WHEREAS,the Mounds View Airport Task Force("Task Force")has reviewed the Plan at Task • Force meetings held on October 14, October 28 and November 18, 1996; and WHEREAS, the City Council had previously directed the City attorney to work with the Task Force in reviewing and preparing a response to MAC'S Plan; and WHEREAS,the Task Force at its meeting on November 18, 1996 reviewed the proposed written objections to the Plan prepared by the City attorney and voted unamiously to recommend that the City Council approve the attached formal written objections to the Plan; and WHEREAS,the City Council at its work session on November 18 received the recommendation from the Task Force and heard a presentation from the City attorney regarding the attached written objections. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the attached written objections to the Plan as prepared by the City attorney and incorporated herein by reference as Exhibit A. BE IT FURTHER RESOLVED THAT the City council hereby directs City staff and the City attorney to forward this resolution and written objections to MAC to be included in the formal public hearing record as the City's position regarding MAC's Plan. 1111 BE IT FURTHER RESOLVED THAT the City Council authorized City staff and the City attorney to take all necessary steps, including litigation if necessary,to represent the City's position regarding the Plan and to insure that any Plan formally adopted by MAC is in full compliance with the July 28, 1986 Court Order. Adopted this 25th day of November, 1996 ATTEST: Mayor Linke (SEAL) Chuck Whiting, City Administrator • • (-:m r CITY OF MOUNDS VIEW Agenda Section II.F REQUEST FOR COUNCIL CONSIDERATION Report Number:`f b- I71 C OIMPj102 STAFF REPORT Report Date: 11/21/96 • 0 ai li COUNCIL MEETING DATE — Special Order of Bus. .Parinesos November 25, 1996 _ Consent Agenda Public Hearings X Council Business Item Description: Adoption of Resolution No. 5053 To Authorize Entering the North Metro I-35W Corridor Coalition Joint Powers Agreement Executive Director's Review/Recommendation: • -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The Council reviewed the I-35W corridor joint powers agreement at its November 4 work shop. The official title of this group is the North Metro I-35W Corridor Coalition and is made up of the cities of Mounds View,New Brighton, Arden Hills, Shoreview,Blaine,Roseville and Circle Pines. Its purpose is to jointly address community development concerns up and down the I-35W corridor and utilize a coordinating consultant to facilitate addressing these concerns, all of which are identified in the agreement. The members of this group to date have been meeting on these issues and already have coordinated on the Met Council grant application, which failed. However, Met Council staff have shown great interest in assisting with the objectives the group has laid out, and has strongly suggested funding can be made available to address those issues. In the mean time, after • entering this agreement with the other cities, each city will be expected to contribute funds to retain the Strauss Management Company as the consultant for the organization. Mounds View's portion of that share for 1997 is just under $4,000, which at this point is budgeted in the city administrator's budget. Strauss Management Company is intimately familiar with the group of cities through the North Metro Mayors Association and did the coordination of the Met Council grant application. I agree with the rest of the member cities that they are the appropriate and likely most effective group to manage this effort. Chuck Whiting, City Attrnstrator •RECOMMENDATION: Approval of Resolution No. 5053 RESOLUTION NO. 5053 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING ENTERING A JOINT POWERS AGREEMENT WITH THE CITIES OF ARDEN HILLS,BLAINE,NEW BRIGHTON,ROSEVILLE, CIRCLE PINES AND SHOREVIEW HERETOFORE REFERRED TO AS THE NORTH METRO I-35W CORRIDOR COALITION WHEREAS,the Cities of Arden Hills,Blaine,Mounds View,New Brighton,Roseville and Shoreview(North Metro I-35 W Corridor Coalition Cities)directly bordering or in close proximity to the North Metro portion of Interstate I-35W(I-35W); and WHEREAS,the North Metro I-35W Corridor Coalition Cities have commenced a collaborative effort to discuss,identify and address macro economic development,housing,transportation,contaminated lands,employee training needs,and other physical land use and community planning issues along the entire I-35W corridor,and WHEREAS, the North Metro I-35W Corridor Coalition Cities intend to utilize this information to guide and support development of essential transportation and infrastructure improvements along the I-35W Corridor,as well as to assist in determining appropriate mass transit policies,and for assisting to develop a coordinated/collaborative data base and GIS system,compatible with the metropolitan GIS system;and WHEREAS,the North Metro I-35 W Corridor Coalition Cities desire to utilize this strategic alliance to assist in marketing and guiding development along t the I-35W Corridor;and WHEREAS, the success of this collaborative effort will be dependent upon having access to adequate resources to • comprehensively research and address the critical issues that impact North Metro I-35W Corridor Coalition Cities and the I-35W Corridor,and WHEREAS, a joint powersagreement with the communities of Arden Hills, Blaine, Mounds View, New Brighton, Roseville,Circle Pines and Shoreview provides the best mechanism for addressing and achieving these concerns for the area and for the City of Mounds View. NOW THEREFORE,be it resolved by the City Council of the City of Mounds View to authorize the Mayor and Clerk- Administrator to execute the Joint Powers Agreement for the North Metro I-35W Corridor Coalition on behalf of the City of Mounds View. • Adopted this 25th day of November, 1996 ATTEST: Jerome Linke,Mayor (SEAL) Charles S. Whiting,Clerk-Administrator • • JOINT POWERS AGREEMENT FOR THE NORTH METRO I-35W CORRIDOR COALITION The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, 1994, Section 471.59. Witnesseth: WHEREAS, the Cities of Arden Hills, Blaine, Circle Pines, Mounds View, New Brighton, Roseville and Shoreview (North Metro I-35W Corridor Coalition Cities) directly bordering or in close proximity to the North Metro portion of Interstate I-35W(I-35W); and WHEREAS, the North Metro I-35W Corridor Coalition Cities have commenced a collaborative • effort to discuss, identify and address macro economic development, housing, transportation, contaminated lands, employee training needs, and other physical land use and community planning issues along the entire I-35W corridor; and WHEREAS, the North Metro I-35W Corridor Coalition Cities intend to utilize this information to guide and support development of essential transportation and infrastructure improvements along the I-35 Corridor, as well as to assist in determining appropriate mass transit policies, and for assisting to develop a coordinated/collaborative database and GIS system, compatible with the metropolitan GIS system; and WHEREAS, the North Metro I-35W Corridor Coalition Cities desire to utilize this strategic alliance to assist in marketing and guiding development along the I-35W Corridor; and • 1 WHEREAS, the success of this collaborative effort will be dependent upon having access to • adequate resources to comprehensively research and address the critical issues that impact North Metro I-35W Corridor Coalition Cities and the I-35W Corridor; and NOW THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I. VISION STATEMENT The general purpose of this agreement is to create an organization by which the North Metro I-35W Corridor Coalition Cities which are parties to this Agreement and such other governmental entities as are admitted pursuant to Article IV, may jointly and cooperatively plan for and maximize the opportunities for regional community development, quality growth and diversification in the North Metro through a system of collaboration, pursuant to Minnesota Statutes, 1994, Section 471.59. ARTICLE II. ORGANIZATIONAL GOALS The goals of the joint powers organization created by this Agreement are: Section 1. Work cooperatively with transportation and other agencies in the planning for transportation improvement, mass transit needs, and other infrastructure improvements along the I- 35W Corridor to maintain and improve service and help stimulate business growth and labor availability. Section 2. Develop a joint marketing program among the members to attract and retain quality industrial and commercial tax base and employment. Research current business base in each community and availability of redevelopment opportunities and vacant land to identify a strategic marketing plan for all communities. Develop a code of ethics between the communities for use of attraction and retention tools. • 2 4110 Section 3. Develop a strategy to ensure that there are adequate life-cycle housing opportunities in member cities for all residents and employees of the business base employers. Proactively pursue the use and distribution of all available resources (e.g., Community Development Block Grant, HOME funds, etc.) to ensure that housing needs are adequately meet. Section 4. Develop a coordinated/collaborative database and GIS system by incorporating similar data to efficiently share information and develop consistent and cooperative land use policies. Acquire funding for the development of the database. Section 5. Ensure that there is an effectively trained work force to meet the needs of the business base in member cities and ensure that the reverse commuting and employee mobility concepts are incorporated into the North Metro to serve member cities. Section 6. Research and identify contaminated sites; pursue funding sources for their redevelopment and ensure the maximum usage to support quality development. Section 7. Develop a collaborative and coordinated effort in other areas of regional municipal interest, including training,resource sharing and program development. • ARTICLE III. DEFINITIONS Section 1. For purposes of this agreement the terms defined in this Article have the meanings given them. Section 2. "Agreement" means this agreement. Section 3. "Board" means the Board of Directors created by Article IV. Section 4. "Director" means a director or alternate director appointed under Article III of this agreement. Section 5. "Governing body" means the City Council or other governing body of a member. Section 6. "Governmental unit" means a home rule city, a statutory city, a housing and redevelopment authority, or an economic development authority. Section 7. "Member" means a governmental unit which is a party to this agreement and is • in compliance with and in good standing under this agreement. 3 Section 8. The "North Metro I-35W Corridor Coalition" means the organization • established by this agreement. ARTICLE IV. MEMBERSHIP Section 1. Any governmental unit bordering or in close proximity to the I-35W Corridor, north of and including Minneapolis, is eligible to be a member of the North Metro I-35W Corridor Coalition. Section 2. The initial members of the North Metro I-35W Corridor Coalition are the cities of Arden Hills, Blaine, Mounds View,New Brighton,Roseville, and Shoreview. Section 3. A governmental unit other than initial members desiring to be a member of the North Metro I-35W Corridor Coalition may apply to do so by delivering a resolution of its governing body authorizing execution of this Agreement, and an executed copy of this Agreement, to the President or Secretary-Treasurer of the North Metro I-35W Corridor Coalition. The board may approve or disapprove the admission of a governmental unit. Approval must be by unanimous . vote of the Board. The board may impose reasonable conditions on the admission of members and establish procedures for the removal of a member for cause. ARTICLE V. BOARD OF DIRECTORS Section 1. The governing body of the North Metro 1-35W Corridor Coalition is its Board of Directors. A member shall have two director positions. Unless otherwise specified by resolution of the governing body, the directors of a city member shall be the mayor and the chief administrative officer of the city. Each director has one vote. A member may appoint one alternate director. The alternate director may attend meetings of the board and may vote in the absence of a director. Section 2. Directors serve until their respective successors are appointed and qualified. Section 3. A director may be removed from the board at any time, with or without cause, by resolution of the governing body making the appointment. The resolution removing the director • must be filed with the Secretary-Treasurer 4 Section 4. A vacancy on the board is filled in the same manner that the appointment of a • director is made. Section 5. Directors may vote by proxy. Section 6. A director may not vote if the board determines that the member represented by the director is not in compliance with this agreement or if the director has been removed from the board. ARTICLE VI. MEETINGS Section 1. The directors of the initial members must conduct an organizational meeting no later than 30 days after the effective date of this agreement. At the organizational meeting, or as soon thereafter as is reasonably possible, the board must elect its officers, and adopt such by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate. Section 2. The board must conduct an annual meeting at a date and place specified in its • by-laws to elect officers and to undertake such other business as may properly come before it. The board may provide for a schedule of regular meetings. A regular meeting must be held in 1996 and thereafter as provided by the by-laws of the organization. Section 3. A special meeting of the board may be called by the President or by the Secretary-Treasurer upon written request of such number of directors as specified by the by-laws. Notice of a special meeting must be mailed to directors no fewer than five days prior to the special meeting. Business at special meetings is limited to matters contained in the notice of the special meeting. ARTICLE VII. OFFICERS: COMMITTEES Section 1. The officers of the board are a President and Secretary-Treasurer elected for a term of one year by the directors at the organization meeting and at the annual meeting. The board may designate directors to act as officers in the absence of any officer. • 5 Section 2. The President presides at meetings of the board. The Secretary-Treasurer is responsible for records of proceedings of the board, the funds and financial records of the board, and such other matters as may be delegated to the Secretary-Treasurer by the board. Section 3. The President and the Secretary-Treasurer must sign vouchers or orders disbursing funds of the North Metro I-35W Corridor Coalition. Disbursement will be made in the method prescribed by law for statutory cities. Section 4. The board may in its by-laws provide for and define the duties of such other officers as it determines necessary from time to time. Section 5. The board may in its by-laws provide for such committees as it determines necessary from time to time. A by-law providing for an executive committee and defining the powers and duties of an executive committee may be adopted only by a favorable vote of all members of the board. ARTICLE VIII. POWERS AND DUTIES Section 1. The board maytake such actions as it deems necessaryand convenient to accomplish the general purposes of this agreement. Section 2. The board may: (a) enter into contracts to carry out its powers and duties; (b) provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; (c) employ such persons as it deems necessary on a part-time, full-time or consultant basis; (d) purchase, hold or dispose of real and personal property; (e) contract for space, commodities or personal services with a member or group of members; (f) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other governmental units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in • accordance with the terms of the gift, grant, loan or agreement relating thereto. 6 • (g) collect and analyze data, develop strategic recommendations and implement marketing programs for the purpose of economic development and retention of existing businesses within the jurisdiction of areas of operation of the parties. ARTICLE IX. FINANCIAL MATTERS Section 1. The fiscal year of the North Metro I-35W Corridor Coalition is the calendar year. Section 2. The Board shall adopt an initial budget for 1996 and 1997 as soon as is reasonably possible and must thereafter adopt an annual budget for each year prior to July 1 of the preceding year. The board will give an opportunity to each member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each member. The budget for any year is deemed approved by each member unless, prior to October 10th of the preceding year a member gives written notice to • the Secretary-Treasurer that the member is withdrawing at the end of the year as provided in the Agreement. Section 3. Operational costs shall be shared according to a method agreed upon by unanimous vote of the Board of Directors. This method may include membership dues and fees, and charges for service to members. Section 4. Billings to North Metro I-35W Corridor Coalition members are due and payable no later then 30 days after mailing. In the event of a dispute as to the amount of a billing a member must nevertheless make payment as billed to preserve membership status. The member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member director. Failure to pay a billing within 120 days is grounds for termination of membership, but North Metro I-35W Corridor Coalition's rights to the billing are not affected by termination of membership. • 7 ARTICLE X. ADMINISTRATOR • Section 1. The North Metro I-35W Corridor Coalition may appoint an administrator. The administrator may be employed on a full-time,part-time or consulting basis. Section 2. The administrator, if appointed, has only those powers and duties delegated by the board. The administrator reports to and is responsible to the board. ARTICLE XI. WITHDRAWAL Section 1. A member may withdraw from the North Metro I-35W Corridor Coalition no later than October 10th in any year. The notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. The withdrawal is effective at the end of the calendar year in which notice is given. Section 2. The withdrawal of a member does not affect that member's obligation to pay fees, charges or contractual charges for which it is obligated under this agreement. • ARTICLE XII. DISSOLUTION Section 1. The North Metro I-35 Corridor Coalition may be dissolved by a two-thirds vote of its members in good standing. Dissolution is mandatory when the Secretary-Treasurer has received certified copies of resolutions adopted by the governing bodies of the required number of members requesting dissolution of the North Metro I-35W Corridor Coalition. Section 2. In the event of a dissolution, the board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the North Metro I-35W Corridor Coalition will be distributed among the then existing members in direct proportion to their cumulative annual membership contributions. If those obligations exceed the assets of the North Metro I-35W Corridor Coalition, the net deficit of the •8 North Metro I-35W Corridor Coalition will be charged to and paid by the then existing members in 11111 direct proportion to their cumulative annual membership contributions. ARTICLE XIII. EFFECTIVE DATE; DURATION Section 1. This Agreement shall become effective upon filing with the City Clerk of the City of , a copy of resolutions authorizing its execution, and an executed copy hereof, of all of the initial members listed in Article IV, Section 2. In the event fewer than all of said initial members approve and execute this Agreement,this Agreement may become effective upon filing with said City Clerk, a copy of resolutions of all cities desiring to become members of the organization consenting to the creation of the North Metro 135-W Corridor Coalition notwithstanding the failure to participate by specified members. ARTICLE XIV. EVALUATION OUTCOMES • The North Metro I-35W Corridor Coalition seeks the following outcomes and periodically will measure success against stated goals to determine whether the North Metro I-35W Corridor Coalition should continue as a Joint Powers effort: Section 1. Transportation infrastructure improvements resulting in improved service, business growth and labor availability. Section 2. Implementation of a joint marketing program that attracts and retains quality industrial and commercial tax base and employment. Section 3. Identification of business base and redevelopment opportunities and development of a strategic marketing plan for Corridor communities. Section 4. Implementation of a code of ethics for participating communities for use of attraction and retention tools. Section 5. Provision of life-cycle housing for all residents and employees of the business base employers. 9 Section 6. Securance of a fair share of available metropolitan area public and private • investment resources. Section 7. Creation of a useable business information data base and GIS system. Section 8. Completion of design of a comprehensive land use policy for the Corridor. Section 9. Provision of an effectively trained work force to meet the needs of the Corridor business base. Section 10. Promotion of reverse commuting and employee mobility plans that will benefit area employers and their employees. Section 11. Identification of contaminated sites, securance of funding to redevelop and ensure quality development. Section 12. Adoption of operating policies and framework so that goals and objectives of organization can be achieved. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. Governmental Unit: By: And: Its: Its: Received and filed by the City of this day of , 1996. • 10 COW OF THIS IS IT ,1,.%011106 PartneteS NOVEMBER 18 - NOVEMBER 22, 1996 ADMINISTRATION And third, an agreement with the hockey associations on their fiscal support and obligations to After the November 18 Council work shop on the our communities for the rink. I anticipate this to 1997 budget, staff met on Tuesday to review the drag on through December and perhaps into the proposed budget and identify further segments of winter. the budget to either cut or delay expenses to another year. We will be going back to the Council I also spent most of last Friday doing the election at their December 2 work shop to review these recount for the Koopmeiners/Gunn race. My changes and finalize a proposal for the December thanks go to Bruce, Mary T. and Dawn for their truth in taxation hearings. Throughout these efforts hard work during the day, and to our two election at both the staff and Council levels, it has been clear judges Kathy MacRunnels and Dorothy Wilhaus that all attempts be made to continue the level of who worked the day as well. I was very pleased service the City has been providing. While it with the accuracy of our work. The first election appears no more personnel will be added to the results were Koop 1399, Gunn 1394. After going City's workforce, the only reduction proposed through every ballot by hand and reviewing them comes in the administration area where one with the candidates, the recount results were Koop position will not be refilled after it was vacated. 1399 and Gunn 1396. Apparently we were able to Council did give its go-ahead to develop a visually pick up two more votes for Gunn, and secretarial position for administration essentially Koop stayed the same. I think this says something filling a gap left with the absence of Dawn and about the abilities of the election judges and the Michelle. I have also been working with voting tabulating machines for the first election. administration and finance personnel on combining the two departments with the expected results of Finally, stay tuned for Christmas party news! easing everyone's work load and stress level. I appreciate the input given from these two Chuck departments and the work it takes to review all this stuff. Last week I agairi had several meetings regarding ECONOMIC DEVELOPMENT the final agreements for the City to participate in the Building N Status: quad ice rink facility in Blaine. Several components to this are being worked on. First, there is the I sent a letter to Everest summarizing the master agreement between the supporters (the city discussions of the EDA at the work session last backers of the project) of each of the four rinks. week. I have not heard back on how they have Second is the agreement between the four chosen to proceed at this time. communities and Ramsey County laying out our Children's Home Society: roles and positions within our group for our rink. 2 THIS IS IT NOVEMBER 18-NOVEMBER 22, 1996 Chuck, Mary and I met with CHS this week. They Auto Central Property: are very enthusiastic about even a temporary location for the daycare within the Bel-Rae. If Norwest bank prepared a purchase agreement with approved on Monday, staff will begin negotiations Ken Clark, bank customer and owner of"Insta- on a lease arrangement. Mary has arranged for a Lubes", regarding the purchase of the Auto Central meeting with Fire, Health, City Building, Insurance property. Norwest is waiting for comments and and CHS to discuss what would be required for a signature from Mr. Clark. If there is no action on daycare under a temporary situation so that costs the agreement, Norwest will be drafting a purchase can be identified and rolled back into a lease rate. agreement for review by the City. We are planning on bringing a draft lease arrangement to the Council on December 2nd for Cathy your review. Also, I did talk to the directors at Sunrise Christian FINANCE Daycare and Kindercare to get their thoughts On Monday, we received notice from the regarding having a daycare center at the Bel-Rae. Government Finance Officers Association that the Sunrise Christian Daycare was very positive in that 1995 Comprehensive Annual Report will again be they didn't feel there would be an immediate receiving the Association's Certificate of impact but possibly a longer term impact but they Achievement for Excellence in Financial Reporting. were confident that they could compete in the Mary, Kitty and Dorothy, along with various other market place because of their accreditation and staff members, are to be commended for their reputation. Sunrise used to take a number of sliding effort in putting the 1995 report together, especially scale clients but do not prefer this option. Sunrise in light of the fact that the finance department was thanked the City for contacting them and would be short staffed and had little prior experience in interested in partnering with CHS on overflow and complying the necessary information. accommodation issues in the future. Kindercare did not have much to say but will pass the information Marge Norquist is back with us again for 30 hours along to the regional director for planning purposes. per week until Dorothy returns to work. While its Kindercare does offer after school daycare. They great to have Marge back with us because of her said that this in their only program that always has knowledge, skills and personality, we hope that openings. Franklin has a speedy recovery and that Dorothy will be back soon. Silver Lake Pointe Apts Assignment Agreement: The auditors were here for part of the week to Attorney's are going back and forth on the begin their work for the 1996. We do not expect assignment agreement that was prepared by any unusual problems. representatives from MSP Real Estate regarding the In addition to our usual tasks, Mary& myself assisted financing for Silver Lake Apts. Jim O'Meara just in the election recount on Friday. We have also received a marked up copy of the agreement late been working with Ramsey County and property on Wed. and is hoping to review it on Thursday. If owners on the special assessments for the Bronson there are no more changes the item will be on the Drive project; originally, the County was not going November 25th EDA agenda. EDA packets may to allow us to charge only '/z year's interest in 1997, not be available until Friday on this item. however, after several discussion with them and 3 THIS IS IT NOVEMBER 18-NOVEMBER 22, 1996 Bob Long, they agreed to a repayment schedule as Pedestrian Bridge: The easement on the Wildwood per the Council's resolution. Manor property has now been signed by both the property owner and HUD and returned to the Bruce City, so the easements needed for the bridge on the south side of Highway 10 have been acquired. COMMUNITY DEVELOPMENT Development and Special Projects Planning Commission Actions/Upcoming Items Highway 10 Projects At their meeting on November 20, the Planning O'Neil Property: Staff has been working Commission granted a sign variance request for • Mounds View Square Shopping Center which will with a developer on a proposed project for allow two monument signs at the driveway the O'Neil property, located along Highway entrances on Highway 10 and a monument sign at 10 between County Road H2 and Long the intersection of Long Lake Road and Highway Lake Road. The proposal is for movie 10, if the pedestrian bridge is built. The signs will theaters, one or two restaurants and office display the name of the center and major tenants. buildings. A neighborhood meeting is The variance was based on the impact of the bridge scheduled for Thursday, December 12 at on the visibility of the shopping center and its 7:00 PM at City Hall, with notices to all signage. They also discussed a minor subdivision property owners within 350 feet of the site. proposed by Larry Beach for property at 7532 and The purpose of the neighborhood meeting 7540 Silver Lake Road, and a sign variance request is to provide surrounding residents with an from the Saturn Dealership. They made a overview of the project, and give them an recommendation for approval of a conditional use opportunity to ask questions, make permit for outdoor sale of Christmas trees in the suggestions, and identify concerns. The Bridgeman's Restaurant parking lot; this permit will developer intends to use this information to be before City Council for action on November 25. refine the project design. It is anticipated that the project will come before the Jim Ericson has prepared a first draft of the Planning Commission and City Council in ordinance on telecommunications towers and the first three months of 1997. antennas, which will be discussed by the Planning Commission on December 4. • Saturn Dealership:A conditional use permit for expansion of the Saturn dealership is on Regional Planning Issues the City Council agenda for November 25. Mounds View Square:A conditional use Community Development Directors Meeting: I • attended a very interesting meeting with directors in permit for joint use of parking facilities at the Robbinsdale on November 14. Roseville, Mounds View Square Shopping Center is Robbinsdale and Shoreview presented projects also on the City Council agenda for which were submitted for the Liveable November 25. This permit,'along with a Communities Demonstration Funding Program, variance in parking ratios granted by the with the word on the street being that Roseville and Planning Commission, would allow the Robbinsdale could receive money. Roseville is addition of 5,000 square feet of retail space working on two programs. First, they are planning and two dinner house restaurants. to take three older, rambler style homes in three different neighborhoods and show how they could 4 THIS IS IT NOVEMBER 18-NOVEMBER 22, 1996 be remodeled to update them, and make them and Blaine were the only communities represented- attractive to homebuyers who otherwise would buy -must have been a tough day for everyone to get to new homes on the urban fringe. Roseville wants to a meeting. The feeling of the group was that the keep its housing stock from becoming obsolete. scope of the project had become almost too broad. The second program is the "cornerstone" project They want to suggest to both the Mayors and which focuses on intersections developed with Managers group and the Community Development commercial businesses where one or more of the Directors group that we need to identify some properties are deteriorating, and will launch a pilot specific projects which could be undertaken and program on how these corners can be restored. completed, so we make more progress toward concrete results. The group felt that the initial Robbinsdale has developed a redevelopment plan projects should include a geographic information for Highway 8 I, the major travel corridor through system (GIS)that links the communities in the its downtown area. Shoreview is in the beginning corridor, and creates a common data base; joint stages of developing a land use plan along the marketing and sharing of prospects, and dealing with Highway 96 corridor, in conjunction with Ramsey transportation issues. County's plans to widen and improve the roadway. Inspections Brown fields: I attended a meeting hosted by Rick Jarson has picked up responsibility for doing Ramsey County about a proposed funding program housing inspections while Jennifer Bergman is on to assist cities with getting brownfields cleaned up maternity leave. Jennifer completed all of the and available for development. The main purpose annual inspections for this year just before she left. of the program is to get properties back into Rick is responding to calls from tenants who want productive use and add to the job base in the inspections of their units to determine if there are County. The funding could be used for Phase 2 violations which landlords need to repair, and the evaluations, and would supplement local and private inspections of Section 8 units. Diane Clyne, the money used for Phase I evaluations and actual City's receptionist, is helping us assemble data on cleanup. The meeting was attended by building permit activity since 1988. We are representatives from Little Canada, White Bear expecting to report a banner year for 1996, and will Lake, St. Anthony Park and Mounds View. Funds have a final report in a December or January issue would be available year round; there would not be of This Is It. an annual "window"for applications. Applications must be submitted by cities, not developers. Other Activities Applications would have to include a plan for cleanup and project development, how the project There will be a meeting with Ramsey County staff is to be financed, and show results in two years (i.e. on funding priorities in 1997 for the Community development project would be built.) St. Paul Development Block Grant on Friday, November would not be participating; the funds would go to 22. The University of Minnesota is hosting a the suburban cities. "Forum on the First Ring" on December I I-12, which will include discussion sessions on design of 35W Corridor: There was a meeting of the City highway corridors, housing and neighborhoods, and Administrators and Community Development preserving and using natural systems in design of Directors on November 15. I was not able to go communities. I plan to attend, and the invitation has but got a summary of the meeting from Kevin been shared with the Planning Commission. Ringwald in Arden Hills. Arden Hills, Shoreview Several members are planning to attend at least 5 THIS IS IT NOVEMBER 18-NOVEMBER 22,1996 some of the sessions. If any Council members are working on December programs. In addition he is interested, please contact me for information. working on a grant application for operating equipment and supplies. Pam Mary PARKS, RECREATION & FORESTRY PUBLIC WORKS The snow came on Friday and the plow trucks PARKS: were out taking care of business. Unfortunately we had some mechanical difficulties and 2 of the dumps Parks workers have been changing the tractor were down for a small period of time - #124 had apparatus to the broom and rink attachments in hydraulic failures and #I33 had electrical problems. preparation of rink flooding and sweeping. A We are still in the process of seasonal equipment culvert flooded at Greenfield Park last weekend changing. during the rains which required repair to washouts and work to unclog the culvert. A large area of the We've had numerous residents come in and path along Greenfield Park had to be roped off. borrow boulevard marking stakes. Every year the Vandalism at Silver View Park this weekend resulted amount of people obtaining them, grows. We'll just in the need to repair the metal door and frame. keep spreading the word, via the newsletter. Vandals kicked in the door(all metal with metal framework)which is a major undertaking. In Bruce composed a letter and Tracy is preparing it addition, the cost of a metal door is approximatley for the 2nd mailing regarding the assessments $380. Additional costs for locks and framework, amounts, etc. for the Bronson Drive Reconstruction not to mention the labor required. A costly prank. Project. The letters will be out in the mail by Friday, November 22. RECREATION: MNDOT came out on Tuesday, November 19, Business as usual. Fall classes are ending in the next and started to clean the drainage ditch at Sysco. two weeks. A few mini sessions of after school This ditch cleaning procedure will take at least 3 activities are offered during the month of days. December. Special events registrations are continuing. Applications for rink attendants are The Sewer Department cleaned a sanitary sewer being received. Staff is in the middle of planning line for the City of New Brighton, Wednesday, Winter programs and preparing write-ups for November 13. programs and activities beginning in January. Staff cars were brought to Minar Ford for an FORESTRY: electrical part recall on November 19. The Forestry crew are finishing last touches in APT put antennas on the water tower; though they wrapping trees for the winter. are not operational at this time. The lease agreement with the Anoka County Radio Club is in CABLE TV: the process of being signed. Pat had a bout with the flu last week and is working Tracy hard to catch up programming messages and 6 THIS IS IT NOVEMBER 18-NOVEMBER 22,1996 POLICE GET OUT OF TOWN. In the past week: Terry Broos returned from Las Vegas, Mike Kampa returned from Phoenix, Dave Brick was in Kansas, and Tom Kinney is in Jamacia. Almost forgot Tim Brennan is still in California. COPS Task Force meeting was held this week. The Halloween bash was reviewed. Multi-housing, safety seminar, computers and Bel-Rae usage were the main topics. The transmission went out in the CSO vehicle. Hopefully we will have it back on Thursday. A BIG thanks to Public Works for the excellent turkey dinner last week. Watch for the big • WEINER WATER SOUP LUNCHEON that the Police Department is planning. Tim