HomeMy WebLinkAboutAgenda Packets - 1995/02/27 CITY OF MOUNDS VIEW
CITY COUNCIL
FEBRUARY 27, 1995
7:00 P.M.
AG_ND A
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
Quick Trude
Hankner Blanchard
4. ADDITIONS TO THE AGENDA:
Item 1:
Item 2:
Item 3:
AGENDA
PAGE TWO
FEBRUARY 27, 1995
5. APPROVAL OF MINUTES:
a. February 13, 1995, Regular Council Meeting
COUNCIL ACTION: A T D
Comments:
6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
There were no Advisory Commission minutes presented for acceptance.
7. SPECIAL ORDER OF BUSINESS:
There was no special order of business scheduled for this meeting.
8. CONSENT AGENDA:
A. Adopt Resolution No. 4716 Approving Just and Correct Claims Against
City Funds
B. Licenses for Approval
HVAC - Expires 6/30/95
Del-Air, Inc. - New
COUNCIL ACTION: A T D
Comments:
AGENDA
PAGE THREE
FEBRUARY 27, 1995
9. 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 THEMtNU-TES
10. PUBLIC HEARINGS:
7:05 p.m. Consideration of Request for Conditional Use Permit, William
Liggett, Colonial Village Manufactured Home Park, Staff Report
No. 95-1236C (Staff Presenter: Paul Harrington, Community
Development Coordinator)
a. Consideration of Resolution No. 4719 Request for
Conditional Use Permit for William Liggett, Colonial Village
Manufactured Home Park
COUNCIL ACTION: A T D
Comments:
7:10 p.m. Consideration of Introduction of Ordinance No. 556 Repealing
Chapter 604 of the Mounds View Municipal Code Entitled,
"Nuisances" and Amending Title 600 By Establishing a New
Chapter 607, Entitled, "Nuisances", Staff Report No. 95-1237C
(Staff Presenter: Paul Harrington, Community Development
Coordinator)
COUNCIL ACTION: A T D
AGENDA
PAGE FOUR
FEBRUARY 27, 1995
Comments:
7:15 p.m. Consideration of Introduction of Ordinance No. 557 Repealing
Chapter 905 of the Mounds View Municipal Code Entitled, "Parks,
Playgrounds, and Recreation" and Amending Chapter 900 of the
Mounds View Municipal Code By Establishing a New Chapter
910, Entitled, "Parks and Recreation", Staff Report No. 95-1238C
(Staff Presenter: Mary-Szrarion, Director o -Parlrs;Retrreatio—and
Forestry)
COUNCIL ACTION: A T D
Comments:
7:20 p.m. Consideration of Introduction of Ordinance No. 553 Establishing
Chapter 512, Entitled, "Cigarettes and Tobacco Products", Staff
Report No. 95-1239C (Councilmember Trude/Tim Ramacher, Police
Chief)
COUNCIL ACTION: A T D
Comments:
11. COUNCIL BUSINESS:
A. Consideration of Adoption of Ordinance No. 554 Vacating Publicly
Dedicated Easements, Mounds View Business Park East, 2nd Addition,
Staff Report No. 95-12400 (Paul Harrington, Community Development
Coordinator)
COUNCIL ACTION: A T D
AGENDA
PAGE FIVE
FEBRUARY 27, 1995
Comments:
B. Consideration of Adoption of Ordinance No. 555 Vacating Publicly
Dedicated Easements, Sherwood Estates, Staff Report No. 95-1241 C
(Paul Harrington, Community Development Coordinator)
GOUNOILAC-TION: A—T—D -
Comments:
C. Consideration of Resolution No. 4718 of Intent to Explore Partnerships
with District 621 for Educational and Recreational Facilities, Staff Report
No. 95-1242C (Samantha Orduno, City Administrator)
COUNCIL ACTION: A T D
Comments:
D. Consideration of Resolution No. 4717, Hiring of Golf Course Club House
Manager/Instructor, Staff Report No. 95-1243C (Tim Cruikshank, Assistant
to the City Administrator)
COUNCIL ACTION: A T D
Comments:
12. REPORTS:
1. Report of Councilmembers:
Quick:
Trude:
AGENDA
PAGE SIX
FEBRUARY 27, 1995
Blanchard:
Hankner:
2. Report of Mayor Linke:
3.Reportof Administrator:
4. Report of Staff:
5. Report of Attorney:
NEXT COUNCIL WORK SESSION: MARCH 6, 1995
**SPECIAL WORK SESSION MARCH 8, 1995, 6:00 P.M.
NEXT COUNCIL MEETING: MARCH 20, 1995
13. ADJOURNMENT:
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(411------1
THIS IS
IT . . . .
For the Week of February 20, 1995 - February 24, 1995
ADMINISTRATION
Councilmember Blanchard brought this cartoon in to share. She
thought you would get a kick out of it.
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Remember to mark your calendars:
March meetings: Monday March 6, 7: 00 Work Session
Wednesday, March 8, 6:00 p.m. Work Session
(re: Infrastructure)
Monday, March 20 First regular Council
meeting
(Mayor Linke and Samantha will be attending
Congress of Cities week of the 13th) .
Old 8 and County Road H Reconstruction
Bad news. Mike Ulrich has more information on this in his section
of This Is It, but the bottom line is that the County has moved
the reconstruction of Old 8 and County Road H back to 1997. I
know that this is not going to sit well with many of the
businesses on Mustang as well as Charlie Hall whose proposed
project is impacted by the realignment. The Mayor has requested
that Commissioner Wedell be invited to the March 6 Work Session
to discuss this issue. I will let you know on Monday if he is
able to make the meeting.
Surfing the "Net"
Tim C. and I attended a U.S. West telecommunication workshop this
week and learned two very valuable things: No. 1, we know very
little about the Information Super Highway and No. 2, that's
okay, we still have time to get on at the next on ramp. The
workshop was very valuable in providing us with background
information that will be helpful as we begin to assess our
pilot" status with the FreeNet. It appears that, once again,
local governments are the last to enter the technology loop.
School districts, the State of Minnesota and several counties are
already hooked up, linked up, connected or otherwise in one of
the traffic lanes of the Information Super Highway. The
possibilities for information sharing and data retrieval is
limitless. And, most important, the cost is surprisingly
affordable. We will keep you updated as events unfold with the
FreeNet.
TIF Legislation
I have included herein the draft copy of the brochure that Cathy,
Paul and I have prepared to handout to Legislators in response to
the proposed TIF legislation. Councilmember Hankner requested the
information be collected and prepared in a quick, easy to read
form that she can quickly, but effectively, discuss with the
authors of the bill. She is also working with Senator Novak to
set up a meeting of City officials, staff and Legislators to
discuss the impact of the proposed legislation on the City.
Multi-Tech has agreed to host the meeting at their facility as
soon as a date is set.
Former Mayor Rustad
Died this past week. Wake is tonight (Thursday) at Sandberg
Mortuary in St. Paul. Funeral on Friday at 11: 00 a.m. at Christ
Episcopal Church in Woodbury. City sent flowers.
Cathy Bennett
Stay away from her. . . . she has the galloping crud! She has lost
her voice (so if you really want to be mean, call her and make
her talk! ) and feels like well, you know.
Samantha
CLUBHOUSE MANAGER/INSTRUCTOR/RANGE MANAGER
On Wednesday 2/22, Mary Saarion, Kurt Johnson and I interviewed
six candidates for this position. We had the pleasure of
interviewing some very qualified individuals. A recommendation
for Council consideration has been included in the Council
packet.
5 YEAR GOAL PLAN
The goal is to have this document prepared and to the printer by
mid-March and delivered by the end of March at the latest. If
there are any changes, addition or deletions that you would like
to make to the draft that was distributed on 2/10, please let_me
know as soon as possible so they can be incorporated into the
final document. Thanks.
INFORMATION SUPERHIGHWAY/INTERNET/FREENET
On Tuesday, 2/21, Samantha and I attended a very informative
seminar conducted by U.S. West in regard to the information
superhighway. There were several representatives present from
the State and Local Units of Government. The presentation
centered around the benefits of accessing the information
superhighway (the Internet) and the logistics of making this
happen. There were several success stories shared, one of
particular interest is a project called Luminet in Winona. The
community, including businesses, public schools, private schools,
universities, health care organizations, private citizens,
etc. . . , made a commitment to communicate with one another, share
information, and access the internet and did so with very
positive results.
This seminar coincided nicely with the City's interest in the
Freenet group. Kitty Hickok and I will be attending two training
sessions next week to get a better idea of the benefits of this
network and the commitment the City would have to make to the
project to ensure its success. A report will be given to the
Council at the March Worksession to explain what we have learned
and the benefits this project may have to the Community.
FOCUS 2000 STEERING COMMITTEE
The next steering committee is scheduled for Tuesday evening,
March 7 at 6:30 p.m. The committee will review the updated 5
year Goal Plan and is planning to draft a survey to be included
in the next newsletter to get feedback from the community.
Tim C.
National Development Council Training:
• I survived the week long course in Economic Development Finance and have
come back with a better understanding of how companies are financed and
how they report the growth and/or loss of their business. The course included
analyzing financial statements for businesses to determine if they have the
ability to repay a loan. If the company is workable we then would structure a
loan package including conventional bank financing, small business
development loan and City revolving funds to enable the company to meet a
debt coverage ratio or ability to repay the loans. In addition, we spent some
time-evacuating-profit-and-loss-statements relating to-real-estate deals-and
learned about rules relating to HUD, CDBG and CD Float programs. This course
has been very beneficial in learning the background information needed to make
a TIF deal work and will help when we implement the small business loan
program.
DTED Meeting - Dynex:
• I had a meeting with Cheryl Johnson of the Minnesota Department of Trade
and Economic Development last week to discuss the Economic Recovery Grant
Application for Dynex. She gave me a list of additional information that I need
from Dynex and then we can proceed to Part II of the application process. I'm
awaiting the additional information from Dynex but if all goes well we should
have a complete Part II application submitted by the first of May.
Attraction:
• Over the past 2 weeks I have had numerous companies interested in property
in Mounds View. They range from 200,000 sq.ft building to 18,000 sq. ft.
building. In particular one company that distributed medical products is very
interested in one of the parcels close to the golf course. They will be providing
the City with a letter requesting TIF assistance and from there we will review
the information with the EDA. In addition, Paul and I have been working with a
site selection consultant who is working with a company that is interested in
an 80,000 sq.ft. manufacturing facility. Paul put together an introductory letter
regarding Mounds View, marketing the sites near the golf course. The
company received more than 60 proposals and Mounds View has made the
first cut of 8 sites. As a response, we put together a more in-depth proposal
for Mounds View upon which the company will select 2-3 sites for final
evaluation. We will keep close tabs on this project.
• Per Jerry Linke's request, I contacted Video Concepts who is looking for a new
corporate headquarters facility. I spoke with Bill Carlson who is in charge of
real estate and he was very appreciative of our proactive call but they are
interested in existing Class A office space and are negotiating with the World
Trade Center Building in St. Paul. He wanted to thank us for the call and said
to keep up the good work that not many other Cities would put forth such an
effort.
Cathy
(PARKS, RECREATION AND FORESTRY
PARKS
The skating rinks have been let go - no additional maintenance is being performed.
They will fade away with the Spring breezes. The Parks Maintenance crew will be
cleaning the buildings in preparation for community use.
In addition, the Parks crew is completing as-builts of park utility services and
sprinkling services. This project began long ago but due to lack of time it has
never been completed. We hope to complete these as-builts in the next two
weeks. This information is valuable in future repair needs, cutting time spent in
locations and other necessary information.
RECREATION:
Trips have been provided every day this week for students who are on winter
break. Mary has been chaperoning two ski trips, rollerskating outing, pool and play
activities, and bowling. There has been great response to the trips.
The March/April City Newsletter was handed over to the printer last Thursday.
This is always a time of celebration - especially for Sharie who puts so much time
and energy into the preparation of the City Newsletter. This one is 48 pages! Lots
of information for the community. Sharie chaperoned a trip to southern Minnesota
this week, taking a full bus.
Stephanie, our student worker has been working full days this week during her
winter break time. She has been a busy person!
She is learning office skills including telephone work, registrations, use of the
computer, preparing mailings, faxing information and other duties. She continues
to learn new skills and seems to enjoy her work experience. We are happy to have
her as a part of our team.
I have prepared a first draft of the Pedestrian Bridge memorandum which is
required through the Federal program. The only part missing is the engineering
plans and drawings. That will come after we acquire engineering services. The
RFP for engineering services has been sent to a list of recommended firms
(received from MNDOT). Staff will be providing further information regarding
engineering services after proposals have been received.
GOLF COURSE:
Interviews were concluded on Wednesday for the Golf Course Manager/Instructor
position. A candidate was selected. We are anxious to begin the work of forming
leagues, devising a lesson schedule, preparing registration information, and
selecting a computer software system for handicaps, reservations, inventory, etc.
CABLE TV:
The Cable TV Committee met Thursday morning, February 23 to discuss the March
programming schedule and content. Shooting date is tentatively March 2 if all
persons are available. Intended persons include Ernie Gustophson, who was on a
mission trip in Guatemala this past year and was wounded in an uprising. The new
golf instructor will provide a "golf tip" of the week. A bit on the visit from the
Russians, a Master Gardener and introduction of new Councilmember Hankner will
also be included.
Mary S.
POLICE
* Its a Boy!! Officer Brennan help deliver a bouncing baby boy last week.
Actually, we hope he didn't bounce it. Mother and baby doing fine.
* New furniture for the squad room was picked up last week.
Now we have to find someone to set it up. Hopefully by next week, it will
be looking good.
* We had a real mess this last weekend in Mounds View Trailer
Pk. One person was "slightly" stabbed. The incident
involved a number of juveniles and young adults, many did
not live in Mounds View. The investigation continues.
* Pat Michna and Jerry Johnson are on vacation this week.
* The Chief met with Ray Long last week and welcomed him to
the Police Commission.
* The COPS Task Force met again this week----Many issues were
discussed. Diane and the Chief plan to meet with Council in April to update.
Tim R.
FINANCE
• Economic Development Activities Early 1970's.
On December 1, 1972 the Village of Mounds View issued $1,500,000. of
Industrial Development Revenue Bonds. The bond proceeds were used to
acquire land and to construct a trucking storage and operating terminal in the
Village's industrial park. Under terms of the agreements entered into, the
Village owned the property and the facility and leased it to MFJ
Company(tenant) and Century Motor Freight(sub-tenant). MFJ was required
to pay bond principal and interest through 1997. In November 1994, MFJ
Company exercised their option to prepay the bonds. Pursuant to the lease
the City is then required to sell the property to MFJ Company for $1 .00. I
think we should hold out for a better offer! In any event, James O'Meara of
Briggs & Morgan will be handling the legal work. Pursuant to the lease his
expenses will be paid by MFJ Company.
• Last Friday Finance Department Staff met with Kurt Johnson and Mary
Saarion to discuss the receipting, safe handling, and depositing of Golf
Course revenues. Proposed procedures will be reviewed with the City's
auditors prior to implementation.
• Work continues on preparation of the Comprehensive Annual Financial
Report and audit workpapers and schedules by all members of the
Department.
Don
PUBLIC WORKS
* Thein Well Co. has completed the pulling of wells 2 & 3. The parts were
transported to Spicer, Minnesota, for cleaning and inspection. Bill Hanggi, Bill
Hanson, and Jim Hess traveled there on Thursday to conduct an inspection
of the pumps, line shit and column pipe. A few sections of the pipe were
left on site, as they were easily identified as needing replacement.
* Tracy and Mike's offices are taking shape once again. Staff painted the two
offices and the break room last week. Carpet was laid on Monday, and then
the task of building the offices back up has been going on this week.
Hopefully by next week we will be back to normal. Stop in and see our new
look!
* Tim and Tom Baumgart have been installing lights and radios in one of the
squad cars to update it to the status of the remaining squads.
* The City has now entered the pot hole season. The street division has been
patching pot holes throughout the City.
* The Water division has been pulling a number of random residential water
meters for testing. High flow accuracy has been surprisingly good, although
the accuracy at medium and low flow has yet to be measured. The results of
this testing will be incorporated into the report for a possible water meter
change out. This proposal will be discussed at the special council work
session regarding Public Works Infrastructure on March 8, 1995.
* Last week staff met with representatives from Ramsey County to discuss the
proposal to provide contract snow and ice control, and sweeping services.
Staff will discuss the issues and counter proposal with Council either at the
regular work session, or the special Public Works meeting in March. Staff
also inquired about their Capital Improvement Plan, in regards to Old Hwy 8
and County Road H reconstruction. I was taken by surprise to be informed
that Old Hwy 8 reconstruction was rescheduled to 1997, and the only
project on Co. H was a cold in-place recycling project from Silver Lake Road
to the West Co. Line. I asked Paul Kirkwald why Old 8 was pushed back,
and he responded with something related to DNR/Rice Creek permitting, and
funding. It was my understanding that when the County was asked if the
intersection could be moved farther west, their comment was that these
plans had already received preliminary approval from the permitting
authorities, and any alterations would cause further delays to the project.
County Rd. H had better pavement ratings than forecasted, therefore did not
merit reconstruction at this time. Paul stated that he would research the
change and call me with an explanation. I received a call from Tim Mayisch
today explaining that a number of factors have resulted in the scheduling
change. Final permitting, design alternatives and a proposed trail are being
researched. Funding of the project is also a major factor. Ramsey County's
state aid balance is on the negative side and they must final out some
outstanding projects before undertaking any new ones designated in their
CIP. Tim expressed that they would continue to pursue design alternatives,
and_presen__tthQee_to_the_Cify_this_ummer. Its hoped that they can resolve
the trail issue, and proceed with the permitting program this year. Tim
commented that should the City wish to present a request to the County
Technical Advisory Committee to expedite the Old 8 project, they may do
so. However there still are the previously mentioned issues that may not
allow the project to be let in 1996, as originally forecasted. Staff will keep
Council posted on this development.
Mike
(4.4 .1)COMMUNITY
DEVELOPMENT
DYNEX EXPANSION UPDATE
Staff has been meeting this week with engineers for Dynex in regards to their
proposed facility expansion at 4751 Mustang Circle. Staff has completed a pre-
submittal review of the project and referred the engineers to Kate Drewry at Rice
Creek Watershed District for her input. It is anticipated that a formal submittal will
be made early next week and review of the project at the planning Commission and
City Council levels will take place in March\April.
HOME REMODELING FAIR
Following discussion at the Council/Staff Strategic Planning Session, Staff has
begun contacting other cities' regarding their efforts in hosting a Home Remodeling
Fair. Of the cities contacted so far, all agreed that hosting a Fair is a very
worthwhile event and can lead to an increase in home improvements. Richfield, for
example, experienced an increase of over 50% in permits issued for remodeling.
They suggested that the City note permits which are taken out for remodeling so
that the benefits of having the Fair can be tracked. Staff hopes to have a plan for
hosting a Fair available for review by the Council at either the April or May Work
Session.
AUTOMOBILE DEALERSHIP STANDARDS
At their February Work Session, the Planning Commission put together a set of
criteria upon which all requests for operation of Automobile Dealerships will be
based. The criteria included lot size, hours, lighting, landscaping, noise, surface
water drainage, etc. The Planning Commission intends to take action on the
established criteria in March and forward their recommendation to the Council in
April
Paul H.
TO: MAYOR AND CITY COUNCIL )
FROM: SAMANTHA ORDUNO, CITY ADMINISTRA O
DATE: FEBRUARY 22, 1995
RE: INDEX FOR WEEK OF FEBRUARY 27, 1995
MEETINGS SCHEDULED FOR THE WEEK OF FEBRUARY 27, 1995
. Council Meeting,Monday,Feb-ruar-y 27 995, 'N:10
p.m.
ITEMS PROVIDED IN THIS WEEK'S COUNCIL PACKET
. This Is It!
. Agenda
Approved Minutes, Regular Meeting, January 23, 1995
. Unapproved Minutes, Regular Meeting, February 13, 1995
******************
ADMINISTRATOR'S SCHEDULE
(Please note that this schedule is subject to change
as meetings are scheduled, rescheduled or canceled.
At any time Audrey, Michele, or Tim C. will have my
most current schedule and a number where I can be
reached at all times. )
Monday, February 27
7:00 p.m. Council Meeting
Tuesday, February 28
9:00 a.m. Staff Meeting
1 :30 p.m. Cost Verification Meeting with Honeywell
MAYOR AND CITY COUNCIL
PAGE TWO
FEBRUARY 27, 1995
Wednesday, March 1
1 :30 p.m. U. S. West Meeting
Thursday, March 2
Friday, March 3
REMINDER....I will be attending the National
Congress of Cities, March 9 through March 15.
uNA p rex Irn
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1
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1 PROCEEDINGS OF THE CITY COUNCIL
2 CITY OF MOUNDS VIEW
3 RAMSEY COUNTY, MINNESOTA
4
5
6 Regular Meeting
7 February 13, 1995
8 Mounds View City Hall
9 2401 Hwy. 10, Mounds View, MN 55112
10
11
12
13 CALL TO ORDER
14
15 The Mounds View City Council was called to order by Mayor Linke at
16 7: 00 p.m. on February 13 , 1995.
17
18 PLEDGE OF ALLEGIANCE
19
20 ROLL CALL
21
22 MEMBERS PRESENT: Mayor Linke, Councilmembers Trude, Blanchard,
23 Quick, and Hankner
24
25 MEMBERS ABSENT: None
26
27 ALSO PRESENT: Samantha Orduno, City Administrator; and Paul
28 Harrington, Community Development Coordinator
29
30 ADDITIONS TO AGENDA:
31
32 Councilmember Hankner stated that she wished to add Consideration
33 of Resolution No. 4663 , which would be made Item F. of Council
34 Business.
35
36 APPROVAL OF MINUTES:
37
38 MOTION/SECOND: Trude/Hankner to Approve Regular Council Meeting
39 Minutes from January 23, 1995, as Submitted
40
41 VOTE: 5 ayes 0 nays Motion Carried
42
43 ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
44
45 Planning Commission Minutes from January 4, 1995
46
47 MOTION/SECOND: Trude/Linke to Accept Planning Commission Minutes
48 from January 4, 1995
49
50 VOTE: 5 ayes 0 nays Motion Carried
51
I NA ' '
Mounds View City Council Page 2
Regular Meeting February 13 , 1995
1 SPECIAL ORDER OF BUSINESS:
2
3 a. Mayor Linke read Resolution No. 4715 commending Steve
4 Geringer, Mounds View Patrol Officer, for his outstanding
5 service to the community and his help in the MADD
6 organization's efforts.
7
8 MOTION/SECOND: Blanchard/Trude to Adopt Resolution No. 4715
9 Commending Steve Geringer, Mounds View Patrol Officer, for His
10 Efforts at DWI Enforcement
11
12 VOTE: 5 ayes 0 nays Motion Carried
13
14 Mayor Linke asked Ms. Pat Budhig, Co-Administrator of the MADD
15 organization for this area, to come before the Council for the
16 presentation of Resolution No. 4715 to Officer Steve Geringer.
17
18 CONSENT AGENDA
19
20 Samantha Orduno, City Administrator, read the Consent Agenda as
21 follows:
22
23 A. Approve Engineering Geotechnical Tests and Evaluation of
24 Woodcrest Park Soils
25
26 B. Set Public Hearing for 7: 05 p.m. , Monday, February 27, 1995,
27 to Consider Request for Conditional Use Permit, William
28 Liggett
29
30 C. Set Public Hearing for 7: 10 p.m. , Monday, February 27, 1995,
31 to Consider Ordinance No. 556 Repealing Chapter 604 of the
32 Mounds View Municipal Code Entitled, "Nuisances" and Amending
33 Title 6700 By Establishing a New Chapter 607, Entitled,
34 "Nuisances"
35
36 D. Set Public Hearing for 7: 15 p.m. , Monday, February 27, 1995,
37 to Consider Ordinance No. 557 Repealing Chapter 905 of the
38 Mounds View Municipal Code Entitled, "Parks, Playgrounds, and
39 Recreation" and Amending Chapter 900 of the Mounds View
40 Municipal Code By Establishing a New Chapter 910, Entitled,
41 "Parks, Playgrounds and Recreation"
42
43 E. Set Public Hearing for 7 :20 p.m. , Monday, February 27, 1995,
44 to Consider Ordinance No. 553 Establishing Chapter 512,
45 Entitled, "Cigarettes and Tobacco Products"
46
47 F. Adopt Resolution No. 4714 Approving Just and Correct Claims
48 Against City Funds
49
50
< P •ROVED
Mounds View City Council Page 3
Regular Meeting February 13 , 1995
1 G. Licenses for Approval
2
3 Garbage - Expires 6/30/95
4 United Waste Systems, Inc. /Waste Control Systems, Inc. - New
5
6 HVAC - Expires 6/30/95
7 Care Air Conditioning & Heating, Inc. - Renewal
8 Centraire, Inc. - New
9 Major Mechanical, Inc. - New
10 Plumbing Services, Inc. - New
11
12 SIGN - Expires 6/30/95
13 Universal Signs, Inc. - Renewal
14
15 Mayor Linke asked if there were any items Councilmembers
16 wished to have removed from the Consent Agenda.
17
18 Councilmember Trude requested that Items C. , D. , and E. be
19 removed from the Consent Agenda for further explanation.
20
21 MOTION/SECOND: Hankner/Trude to Adopt the Consent Agenda
22 Minus Items C. , D. , and E.
23
24 VOTE: 5 ayes 0 nays Motion Carried
25
26 Mayor Linke read Item C. and Councilmember Trude explained
27 that any residents interested in the proposed amendment to the
28 Municipal Code would be able to pick up a copy at City Hall.
29 The changes in the Code would be in the area of local
30 enforcement rather than the present system of going through
31 Ramsey County. Any comments or concerns should be voiced at
32 the public hearing scheduled for February 27, 1995.
33
34 Mayor Linke read Item D. and remarked that Chapter 905 of the
35 Municipal Code Entitled, "Parks, Playgrounds and Recreation"
36 would be updated. He advised any interested residents to
37 bring their concerns to the public hearing which was also
38 scheduled for February 27, 1995.
39
40 Mayor Linke read Item E. , Ordinance No. 553 , and Councilmember
41 Trude explained that this item was intended to bring Mounds
42 View current with Ramsey County in licensing tobacco vendors.
43 The only purpose of this Ordinance was to prevent tobacco
44 sales to minors.
45
46 MOTION/SECOND: Trude/Hankner to Adopt Consent Agenda Items
47 C. , D. , and E.
48
49 VOTE: 5 ayes 0 nays Motion Carried
50
NAPP
1
lVED
Mounds View City Council Page 4
Regular Meeting February 13, 1995
1 RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR:
2
3 Mayor Linke explained that this portion of the meeting was
4 designated for anyone who wished to speak to the Council on items
5 that were not on the Agenda.
6
7 PUBLIC HEARINGS:
8
9 There were no public hearings scheduled for this meeting.
10
11 COUNCIL BUSINESS:
12
13 A. Consideration of Introduction of Ordinance No. 554 Vacating
14 Publicly Dedicated Easements, Mounds View Business Park East,
15 2nd Addition
16
17 Paul Harrington, Community Development Coordinator, explained
18 that in the fall of 1994, the City Council approved the plat
19 known as Mounds View Business Park East Second Addition. That
20 plat was a replat of two previously approved plats (Programmed
21 Land First and Second Addition) . Those two plats had certain
22 easements on them that were dedicated for utility and drainage
23 easements. With the new plat going through, there is a
24 reconfiguration of the property. The City requires that
25 drainage and utility easements be provided on that new plat.
26 Because of the reconfiguration of the land, certain portions
27 of the easements that were included on the original plats are
28 no longer necessary.
29
30 Ordinance No. 554 would allow the vacation of the portions of
31 those easements that are no longer necessary due to the
32 replat. The Mounds View Business Park East Second Addition
33 plat does have all the necessary easements on it for drainage
34 and utilities.
35
36 MOTION/SECOND: Trude/Blanchard to Approve the Introduction of
37 Ordinance No. 554 Vacating Publicly Dedicated Easements,
38 Mounds View Business Park East, 2nd Addition
39
40 VOTE: 5 ayes 0 nays Motion Carried
41
42 B. Consideration of Introduction of Ordinance No. 555 Vacating
43 Publicly Dedicated Easements, Sherwood Estates
44
45 Paul Harrington, Community Development Coordinator, explained
46 that the Sherwood Estates plat was approved in the fall of
47 1994 by the City Council. This is a reconfiguration of
48 properties that had dedicated easements on them. At the time
49 the plat went through, easements were taken along newly
50 established property lines for drainage and utility purposes.
LINA17)17))1JTED
Mounds View City Council Page 5
Regular Meeting February 13, 1995
1 The portions of easements that are no longer necessary due to
2 platting of that property are requested to be vacated at this
3 time. Ordinance No. 555 would accomplish the vacating of
4 those dedicated easements.
5
6 MOTION/SECOND: Blanchard/Trude to Approve Introduction of
7 Ordinance No. 555 Vacating Publicly Dedicated Easements,
8 Sherwood Estates
9
10 VOTE: 5 ayes 0 nays Motion Carried
11
12 C. Consideration of Resolution No. 4713 Adjusting the
13 Reimbursement Rate for Employee's Use of Personal Vehicles
14 During the Conduct of City Business
15
16 Samantha Orduno, City Administrator, reported that the IRS had
17 just raised the reimbursement amount for mileage from 29-1/2
18 cents per mile to 30 cents per mile. The City of Mounds View
19 has maintained the policy of following the IRS regulations
20 pertaining to mileage reimbursement.
21
22 Councilmember Trude asked for an explanation of mileage
23 reimbursement when there are City vehicles available.
24
25 Orduno explained that the City currently owns four vehicles
26 that are used primarily by City Staff, separate and apart from
27 the Public Works vehicles. One of the City's vehicles is
28 assigned to the building official. The second vehicle has
29 been used primarily by the Housing Intern. Often, the Code
30 Enforcement official is using the third vehicle, which leaves
31 one vehicle for the use of the other Staff members for
32 meetings, conferences, errands, etc. Many times there is not
33 a City vehicle available for Staff members. The internal
34 policy requires Staff to use a City vehicle when one is
35 available--no mileage reimbursement is incurred for a City
36 vehicle. In the instance that Staff must use their personal
37 vehicle for conducting City business, mileage is reimbursed.
38
39 Councilmember Hankner commented that mileage reimbursements
40 are typical for corporations and political entities whenever
41 personal cars have to be used for business purposes. This is
42 a normal expense.
43
44 MOTION/SECOND: Hankner/Trude to Adopt Resolution No. 4713
45 Adjusting the Reimbursement Rate for Employee's Use of
46 Personal Vehicles During the Conduct of City Business
47
48 VOTE: 5 ayes 0 nays Motion Carried
49
t 10VED
Mounds View City Council Page 6
Regular Meeting February 13 , 1995
1 D. Consideration of Participating in the North Metro Mayors
2 Association
3
4 Mayor Linke summarized that the North Metro Mayors Association
5 was made up of member communities located to the west of
6 Mounds View. These communities include Blaine, New Brighton,
7 Coon Rapids, Anoka, Crystal, and Spring Lake Park. Membership
8 in this organization would allow Mounds View to be part of a
9 coalition of the northern suburbs. The North Metro Mayors
10 Associatior_is _a lobbying_ organization_ hrough which the
11 member cities have influence.
12
13 Councilmember Hankner remarked that the City of Mounds View
14 needs to become part of a similar group of cities which would
15 allow a stronger voice to be heard.
16
17 Mayor Linke specified that the membership fees for the North
18 Metro Mayors Association would be transferred from the General
19 Fund Contingency account to the City Council Professional
20 Services account.
21
22 MOTION/SECOND: Hankner/Linke to Approve Participation in the
23 North Metro Mayors Association
24
25 Councilmember Blanchard felt that the City would be spending
26 a large amount of money for one vote in an organization that
27 is basically made up of Hennepin and Anoka Counties.
28
29 Councilmember Hankner remarked that participation in this
30 organization would allow Mounds View to be active--to be a
31 force to be reckoned with.
32
33 Linke responded that the view point of Mounds View cannot be
34 stated within that organization without being part of the
35 organization.
36
37 VOTE: 4 ayes 1 nay (Blanchard) Motion Carried
38
39 E. Consideration of Civil Service Commission Appointments
40
41 Mayor Linke reported that this vacancy was created when
42 Commissioner Jerry Blanchard's term expired at the end of
43 1994. The appointment had been postponed to allow for
44 advertising for interested candidates.
45
46 MOTION/SECOND: Linke/Hankner to Approve the Appointment of
47 Mr. Ray Long to the Civil Service Commission with a Term
48 Commencing upon Appointment and Expiring on December 31, 1997
49
IINIAnn II
IVIE
Mounds View City Council Page 7
Regular Meeting February 13, 1995
1 Councilmember Trude remarked that she was very impressed with
2 some of the other applicants' qualifications. She cited one
3 applicant who had previous experience working as liaison for
4 three different police departments.
5
6 Linke concurred that other applicants were well qualified, but
7 his nomination was based on Mr. Long's years of service to the
8 City.
9
10 VOTE: 4 ayes 1__nay_/Trude_y_____ MotionCar-ri-ed
11
12 F. Consideration to Repeal Resolution No. 4663 and to Direct City
13 Administrator to File the Charter Amendment with the Secretary
14 of State and County Recorder
15
16 Councilmember Hankner explained that in. the November 1994
17 election, the voters of Mounds View voted in favor of term
18 limits. The City Council has beenawaiting a court decision
19 regarding the pending case of Minneapolis term limits, but
20 since there is no indication of a decision being made in the
21 near future, Hankner felt it would be in the best interest of
22 the City Council to repeal Resolution No. 4663 . This action
23 would direct the City Administrator to file the Charter
24 Amendment with the Secretary of State and County Recorder.
25
26 Hankner noted that the Charter Commission which was in favor
27 of imposing term limits, is made up of new members as well as
28 members who had served the limit of two consecutive terms,
29 taken a period of time off, and were now serving on the
30 Charter Commission again.
31
32 MOTION/SECOND: Hankner/Trude to Repeal Resolution No. 4663
33 and to Direct City Administrator to File the Charter Amendment
34 with the Secretary of State and County Recorder
35
36 VOTE: 5 ayes 0 nays Motion Carried
37
38 Councilmember Blanchard clarified that the Council was
39 following the advice of the City Attorney by Adopting
40 Resolution No. 4663, with the idea that a court decision on
41 the Minneapolis lawsuit was going to be handed downwithin a
42 few months.
43
44 Councilmember Trude expressed concern that the Council had
45 inadvertently created irritation among people by not filing
46 the Charter Amendment. It was the Council's intent to wait
47 for a court ruling on the matter, but that ruling has not been
48 handed down as quickly as expected.
49
UNAPPROVED
Mounds View City Council Page 8
Regular Meeting February 13, 1995
1 Councilmember Quick also remarked that the Council was under
2 the impression a court decision would be reached in January
3 and any other delay was not intentional.
4
5 REPORTS
6
7 1. Report of Councilmembers:
8
9 Councilmember Quick: No report.
10
11 Councilmember Trude: No report.
12
13 Councilmember Blanchard: No report.
14
15 Councilmember Hankner referred to a bill that was
16 introduced which dealt with Tax Increment Finance
17 Districts. This legislation should be followed very
18 closely because it could, potentially, have an adverse
19 effect on Mounds View.
20
21 Mayor Linke mentioned that he is a member on the board of
22 the Association of Metropolitan Municipalities and this
23 item was discussed at the Board Meeting last Thursday.
24 Legislators are finding that what appeared to be an abuse
25 of Tax Increment Finance Districts, when investigated,
26 was not an abuse of funds at all.
27
28 Report of Mayor Linke:
29
30 a. Reported the visit of the Russian delegation from Norilsk, a
31 mining town of approximately 250, 000 residents located in
32 Siberia. Linke was honored that Mounds View was one of four
33 cities visited by the delegation and expressed appreciation to
34 Councilmember Hankner for her involvement with arranging the
35 visit.
36
37 Report of Administrator:
38
39 a. Samantha Orduno: Thanked Councilmember Hankner for setting up
40 the visit of the Russian delegation and summarized the
41 activities. It was a delightful opportunity.
42
43 b. The Community Recognition Event has been tentatively set for
44 March 31, 1995. The White Sidewalls will be providing
45 entertainment.
46
47 Mayor Linke commented that everyone attending will be required
48 to buy a ticket, with the exception of individuals receiving
49 awards.
50
PPR
VED
I
Mounds View City Council Page 9
Regular Meeting February 13, 1995
1 Report of Staff: No report.
2
3 Mayor Linke announced that the next Council Meeting will be
4 February 27, 1995. The next Council Work Session will be March 6,
5 1995.
6
7 ADJOURNMENT:
8
9 There being no further business before this Council, Mayor Linke
10 adjourned the meeting at 7:-43 p-.m
11
12
13 Respectfully submitted,
14
15
16 Judy Rider
17 Recording Secretary
18 TimeSaver Off Site Secretarial
wv o Agenda Section: 10, 7:05, a
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1236C
1117DSReport Date: 2-23-95
STAFF REPORT Council Action:
W
E Special Order of Business
CITY COUNCIL MEETING DATE February 27, 1995 EV Public Hearings
O Consent Agenda
❑ Council Business
Item Description: Consideration of Resolution No. 4719 Request for Conditional Use Permit for
Willaim Liggett, Colonial Village Manufactured Home Park
Administrator's Review/Recommendation:
- No comments to supplement this report ,, c---
______ x&d:411A__)
- Comments attached. f
Explanation/Summary(attach supplement beets as necessary.)
SUMMARY;
Bill Liggett, owner of Colonial Village Manufactured Home Park, has made
application for a Conditional Use permit to allow the display and sale of
model homes within Colonial Village Park. Chapter 1110. 04 Subdivision 5
of the Mounds View Municipal Code allows model homes within a manufactured
home park (R-5 zoning district) with the issuance of a Conditional Use
Permit. Mr. Liggett's request, if approved, would allow the display and
sale of up to seven (7) homes.
The applicant's request is a result of his desire to upgrade the housing
stock within the manufactured home park. As opportunities arise (lot
vacancies) , the applicant would locate new homes on those vacancies and
market them to the general public. All models would be fully set up
including all appropriate utility connections being made. It is the
applicants hope that this approach will lead to the overall improvement of
the housing stock within Colonial Village.
When reviewing the request, the Mounds View Planning Commission considered,
among others, the following issues:
1) Impacts of granting the Conditional Use Permit on traffic and
parking patterns within the Manufactured Home Park.
2) Is the requested number of model homes (7) appropriate in
relation to the overall size of the Park?
3) What assurances does the City have that the models will turn
over on a regular basis?
LPaul , / -..-7(-
Paul
Harrington, Cordnunity Development Coordinator
RECOMMENDATION:
Adopt Resolution No. 4719 approving a Conditional Use Permit for William
Liggett, Colonial Village Manufactured Home Park.
STAFF REPORT
PAGE TWO
FEBRUARY 27, 1995
4) Will "trade-ins" be removed from the Park or, will they
be marketed on-site?
Following discussion of these and other issues with the applicant,
the Planning Commission was satisfied with the concept of model
home sales in general. At their January 4, 1995 meeting, the
Planning Commission adopted Resolution No. 410-95 (copy attached)
recommending approval of the Conditional Use Permit. Please note
the_onditi_ons which_were placed on the recommendation.
Following discussion at the February Work Session, and as directed
by the Council, Staff has drafted the attached Resolution for
consideration. Please note that the Resolution includes the
conditions of approval as recommended by the Planning Commission.
RESOLUTION NO. 4719
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW DISPLAY AND SALE OF MODEL HOMES AT COLONIAL
VILLAGE MANUFACTURED HOME PARK, PLANNING CASE NO. 391-94
WHEREAS, Colonial Village Manufactured Home Park has
made application to allow the display and sale of model homes
within the Park; and
WHEREAS, the applicant has submitted the following
items as part of the application:
1. Planning Application dated June 29, 1994
2. Letter outlining proposal dated December 6, 1994
3 . Site Plan dated December 6, 1994
WHEREAS, Title 1100 of the Mounds View Municipal Code
allows the display and sale of model homes within a manufactured
home park with the issuance of a Conditional Use Permit; and
WHEREAS, the Mounds View City Council has reviewed the
request against the criteria listed in Title 1100 governing
issuance of Conditional Use Permits.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
City Council approves the requested conditional use permit for
the display and sale of model homes at Colonial Village
Manufactured Home Park, contingent upon the following:
1) A copy of this Conditional use permit shall be recorded
with Ramsey County.
2) Number of units available for sale at any one time
shall not exceed 6% of licensed lots.
3) Units offered for sale shall be installed in compliance
with all applicable City and State regulations
governing Manufactured Homes.
4) A current list of properties, updated monthly, upon
which model homes are offered for sale shall be
provided by the applicant and kept on file at City
Hall.
5) Marketing of the model homes including walk-throughs
and open houses shall be limited to the hours of 8 a.m.
to 9 p.m. Monday through Friday; 8 a.m. to 6 p.m.
Resolution No. 4719
Page Two
Saturday and; 11 a.m. to 6 p.m. Sunday.
6) This Conditional Use Permit is subject to review after
one year by the City.
Adopted this 27th day of Febsuarr,_„995
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 410-95
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW DISPLAY AND SALE OF MODEL HOMES AT COLONIAL
VILLAGE MANUFACTURED HOME PARK, PLANNING CASE NO. 391-94
WHEREAS, Colonial Village Manufactured Home Park has
made application to allow the display and sale of model homes
within-the Palk; and
WHEREAS, the applicant has submitted the following
items as part of the application:
1. Planning Application dated June 29, 1994
2 . Letter outlining proposal dated December 6, 1994
3 . Site Plan dated December 6, 1994
WHEREAS, Title 1100 of the Mounds View Municipal Code
allows the display and sale of model homes within a manufactured
home park with the issuance of a Conditional Use Permit; and
WHEREAS, the Mounds View Planning Commission has
reviewed the request against the criteria listed in Title 1100
governing issuance of Conditional Use Permits.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
Planning Commission recommends to the City Council approval of
the requested conditional use permit for the display and sale of
model homes at Colonial Village Manufactured Home Park,
contingent upon the following:
1) A copy of this Conditional use permit shall be recorded
with Ramsey County.
2) Number of units available for sale at any one time
shall not exceed 6% of licensed lots.
3) Units offered for sale shall be installed in compliance
with all applicable City and State regulations
governing Manufactured Homes.
4) A current list of properties, updated monthly, upon
which model homes are offered for sale shall be
provided by the applicant and kept on file at City
Hall.
5) Marketing of the model homes including walk-throughs
and open houses shall be limited to the hours of 8 a.m.
to 9 p.m. Monday through Friday; 8 a.m. to 6 p.m.
immimmmmmmimmmmir
Resolution No. 410-95
Page Two
Saturday and; 11 a.m. to 6 p.m. Sunday.
6) This Conditional Use Permit is subject to review after
one year by the City.
BE IT FINALLY RESOLVED that the Planning Commission
directs Staff to forward this resolution to the City Council
prior to approval of the minutes.
Adopted this 4th day of January, 1995
ATTEST:
Chairman
(SEAL)
Community Development Coordinator
crry t' Agenda Section: 10, 7 e 1 Op.m.
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1237C
'VS Report Date: 2-23-95
STAFF REPORT Council Action:
D Special Order of Business
CITY COUNCIL MEETING DATE February 27, 19957 Public Hearings
❑ Consent Agenda
❑ Council Business
Item Description: Consideration of Introddction of Ordinance No. 566, Repealing Chapter 604 of the
Mounds View Municipal Code Entitled, "Nuisances" and Amending Title 600 By Establishing a NEW
Chaptchr- 607, Entitled ui5au�en�M____
Administrator's Review/Recommendation:
- No comments to supplement this report ' s
- Comments attached.
Explanation/Summary (attach supplement sheets as necessary.)
ISUMMARY;
Attached for consideration of formal introduction is Ordinance No. 556
amending the Nuisance chapter of the Mounds View Municipal Code. Staff
will be making a brief oral presentation on Monday evening regarding the
purpose and intent of the Ordinance.
If you have any questions, please do not hesitate to call.
/ _
C
Paul Harrington, ommunity Development Coordinator
ItElMENFAe beading and formally introduce Ordinance No. 556 amending the
Municipal Code by repealing Chapter 604 entitled "Nuisances" and creating
Chapter 607 entitled "Nuisances" .
CM OF Agenda Section: 10, 7:-2 Op.m.
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1239C
OU I Report Date: 2-23-95
STAFF REPORT Council Action:
BCW ❑ Special Order of Business
CITY COUNCIL MEETING DATE February 27, 1995 ❑i Public Hearings
Consent Agenda
❑ Council Business
Item Description: Consideration of Introduction of Ordinance No. 533 Establishing Chapter 512
Entitled, "Cigarettes and Tobacco Products"
Administrator's Review/Recommendation:
- No comments to supplement this repo
- Comments attached.
Explanation/Summary (attach supplement sheets as necessary:)- -
SUMMARY:
Ordinance No. 553 will be presented to the City Council for a
public hearing and introduction on February 27, 1995 . The time of the
hearing is set for 7 :20 p.m. The ordinance entitled "Cigarette and
Tobacco Products" will provide for the licensing of vendors,
restrictions on vending machines and administrative penalties for
violators.
idoK;
i
i
1,.........."(t..... ........_" 1
Ti ' amac er, Police Chief
1
1 ECOMMENDATIONz
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will
be held on Monday, February 27, 1995 at 7 : 20 p .m. at
Mounds View City Hall, 2401 Highway 10 , Mounds View,
Minnesota to consider an amendment to the Mounds View
Municipal Code by establishing Chapter 512 of the
Mounds View Municipal Code entitled, "Cigarette and
Tobacco Products " .
Anyone desiring to be heard with reference to this
matter may be heard at this meeting.
If you have any questions regarding this meeting,
please contact Tim Ramacher at 784-3771 .
Tim Ramacher
Chief of Police
(Bulletin: February 22 , 1995 )
( St . Paul Pioneer. Press : February 17, 1995 )
ORDINANCE NO. 553
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE ESTABLISHING CHAPTER 512 OF THE MOUNDS VIEW
MUNICIPAL CODE ENTITLED, "CIGARETTE AND TOBACCO PRODUCTS"
THE CITY OF MOUNDS VIEW ORDAINS:
512 . 01 Definitions
Subdivision 1. TOBACCO RELATED PRODUCT: Cigarettes, cigars,
cheroots, stogies, perique, granulated, plug cut, crimp cut, ready
rubbed and other smoking tobacco, snuff, snuff flower, cavendish,
plug and twist tobacco, fine cut and other chewing tobaccos,
shorts, refuse scrips, clippings, cuttings and sweepings of tobacco
prepared in such manner as to be suitable for chewing, sniffing or
smoking in a pipe, rolling paper or other tobacco related devices.
Subdivision 2 . VENDING MACHINES Means any mechanical,
electric or electronic device, appliance or any other medium or
object designed or used for vending purposes which, upon insertion
of money, tokens or any other form of payment, dispenses tobacco
products.
512 . 02 License Required
Subdivision 1. No person shall directly or indirectly keep for
retail sale, sell at retail, or otherwise dispense tobacco products
unless licensed by the City. License applications shall be
submitted to the. City Administrator together with the license fee
as determined from time to time by City Council resolution. A
license shall be issued for a specific premise identified in the
application and shall expire on December 31st of each year.
512 . 03. License Restrictions
Subdivision i. Vending machines used to dispense Tobacco
Products shall not be located: in an area which permits unrestricted
access by a person under the age of eighteen (18) years even though
such area may be under the supervision of the licensee or the
licensee's agent or employee. This restriction shall apply to
vending machines located in structures used for commercial,
industrial, • high-tech, office or public purposes.
Subdivision 2 . Only one license is required for any or all
vending machine(s) located on the premises of the licensee.
ORDINANCE NO. 553
PAGE TWO OF THREE
Subdivision 3 . Every licensee is responsible for the conduct
of its employees while on the licensed premises and any sale or
other disposition of Tobacco Products by an employee to a person
under eighteen (18) years of age shall be considered an act of the
licensee.
512. 04 Prohibited Sales
----------- u ivision-1. No-person shall sell, offer for sale, give
away, furnish or deliver any tobacco-related product to any person
under eighteen (18) years of age.
Subdivision 2 . No person under eighteen (18) years of age
shall sell tobacco-related products.
512 . 05 Penalties
Subdivision 1. Any person selling or furnishing a tobacco-
related product to any person under eighteen (18) years of age
shall be guilty of an Administrative Offense and shall pay an
administrative penalty of twenty-five dollars.
Subdivision 2 . Any licensee whose employee violates any
provisions of this ordinance is guilty of an Administrative Offense
and shall pay an administrative penalty of fifty dollars.
512 . 06 Suspension or Revocation
Subdivision i. Any violation of any provision of this
ordinance may be cause for suspension or revocation. A second
violation within twelve months shall result in a suspension of at
least two (2) days. A third violation within a twenty-four months
timeframe shall result in a suspension of at least five (5) days.
A fourth violation within a twenty-four months timeframe shall
result in revocation of license for the balance of the year.
512 . 07 Hearing and Notice
Subdivision 1. Revocation or suspension of a license shall be
preceded. by a hearing before the Police Chief. A hearing notice
shall be given at least ten days prior to the hearing including
notice of the time and place of the hearing and shall state the
nature of the charges against the licensee.
Subdivision 2 . An aggrieved party may appeal the decision of
the Police Chief within ten days of receiving notice of the City's
action. The filing of an appeal stays the action of the Police
Chief in suspending or revoking a license until the City Council
makes a final decision.
ORDINANCE NO. 553
PAGE THREE OF THREE
512 . 08 Exception
Subdivision 1. A person under eighteen (18) years of age who
purchases or attempts to purchase tobacco-related products while
under the direct supervision of a responsible adult for training,
education, research or enforcement purposes shall not be subject to
the penalties imposed by 512. 05 .
Reid by the-C-ity Council of-the-City-of Mounds--View this - -
day of , 1995.
Read and passed by the City Council of the City of Mounds View
this day of , 1995.
ATTEST:
Mayor
(SEAL)
City Administrator
APPROVED AS TO FORM:
City Attorney
CU4if Agenda Section:
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1238C
111706, Report Date: 2-23-95
STAFF REPORT Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE February 27, 1995 [34 Public Hearings
❑ Consent Agenda
❑ Council Business
Item Description: Consideration of Introduction of Ordinance No. 557 Repealing Chapter 905 of
the Mounds View Municipal Code ENtitled, "Parks, Playgrounds, and Recreation" and Amending
Chapter 988 IFetEs lzs1iiii5 e New Qlidp -eL 9± , EiLiLled, "Parks and Recreation"
Administrator's Review/Recommendation:
- No comments to supplement this report n►( '
- Comments attached.
Explanation/Summary (attach supplement s eets as ne ssary.)
SUMMARY,
The old Parks and Playgrounds Ordinance is being recommended for repeal,
to be replaced with the new Parks and Recreation Ordinance. The new
ordinance has been written, reviewed and recommended by the Parks and
Recreation Commission. City Attorney Thompson has reviewed the
Ordinance. This public hearing is the introduction of the new Parks and
Recreation Ordinance.
Y i
Mary Sa. rion, ', rector of Parks, Recreation and Forestry
12ECOMMENDATION;
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public
hearing will be held on Monday, February 27,
1995, at 7:15 p.m. at Mounds View City Hall,
2401 Highway 10, Mounds View, Minnesota,
55112, to consider an amendment to Chapter
905 of the Mounds View Municipal Code, en-
titled, "Parks and Recreation".
Anyone desiring to be heard with reference
to this matter may be heard at this meeting.
If you have any questions regarding this
meeting, please contact Mary Saarion at
784-0618.
Mary Saarion,
Parks, Recreation & Forestry
(Bulletin: Feb. 22. 1995)
CHAPTER 905
PARKS AND RECREATION
ARTICLE I. IN GENERAL
905. 01 In General.
(a) PURPOSE. This article has been enacted, pursuant
to Chapter 950, 1971 Laws of Minnesota, as amended,
which authorizes the Mounds View City Council to enact
ordinances to govern the conduct of members of the
public during their use and enjoyment of the Mounds
View Open Space System so as to further the safety,
health, enjoyment and welfare of all persons in the use
thereof, and to protect public property and resources
for posterity.
(b) DEFINITIONS:
(1) "City" shall mean and refer to the City of Mounds View.
(2) "Open space site" shall mean and refer to any park,
reserve, special use area, golf course, linear park or any
other area owned, improved maintained, operated or otherwise
controlled by the City of Mounds View for recreation and
natural resource preservation purposes.
(3) "Park system" shall mean and refer to the City of
Mounds View Park System which includes the sites and
facilities owned , maintained, and operated by or otherwise
under the authority of the City of Mounds View pursuant to
Chapter 950, 1971 Laws of Minnesota.
(4) "Parks" shall mean any area designed or used for active
or passive recreation and which is owned, operated or
controlled by the City or controlled by another government
unit.
(5) "Director" shall mean and refer to the director of
parks and recreation - that person authorized by the Mounds
View City Council to direct the department of parks and
recreation.
(6) "Person" shall mean and refer to any individual, firm,
partnership, corporation and association of persons.
(7) "Department" shall mean and refer to the City of Mounds
View Parks and Recreation Department.
(8) "Open space waters" shall mean any public shoreline
owned by or under the authority of the City of Mounds View.
(9) "Law enforcement officer" shall mean and refer to any
person duly deputized or commissioned by the City of Mounds
View, Board of Ramsey County Commissioners or the State of
Minnesota for the purpose of enforcing the laws, ordinances
and regulations of their respective jurisdictions.
(10) "Motor vehicle" Every vehicle which is self-propelled
1
and does not derive its power from overhead wires. Motor
vehicles include, but shall not be limited to automobiles,
trucks, motor bikes, mini bikes, all-terrain vehicles and
snowmobiles - with the exception of battery powered
wheelchairs.
(c) CONSTRUCTION AND SCOPE In the interpretation of this
article, all provisions contained herein shall be construed
as follows:
(1) Any term in the singular shall also mean the plural:
(2) Any term in the masculine shall also mean the feminine
an neuter;
(3) Any requirement or prohibition by any provision herein,
shall respectively extend to and include the causing,
procuring, aiding or abetting directly or indirectly, of
such acts; and the permitting or allowing any minor by the
responsible parent, guardian, or custodian to commit any
such act;
(4) No provision herein shall make unlawful any act
necessarily performed by any law enforcement officer or
department employee in the line of duty or work as such, or
by any person, his agents or employees, in the proper and
necessary execution of the terms of any contract or
agreement with the City of Mounds View;
(5) Any act otherwise prohibited by statute or local
ordinances, shall be lawful if performed under, by virtue of
and strictly within the provisions of a department permit to
do so, and to the extent authorized thereby.
905. 02 HOURS AND ACCESS
(a) The recreation and education opportunities of the
system shall be available to all members of the public
regardless of race, sex, age, creed, national origin or
place of residency.
(b) The system shall be open to the public between the
hours of 6: 00 a.m. and 10: 00 p.m. , prevailing time in Mounds
View. No person shall remain, stop, use or be present
within the confines of any open space site between the hours
of 10: 00 p.m. and 6: 00 a.m. Exceptions may be made at the
discretion of the director in the case of emergency or when
use permits have been authorized or for other reasons the
director may determine necessary or desirable. Open space
sites are subject to curfew hours in force in Mounds View.
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(c) Any section or part of any open space site may be
declared closed to the public by the director at any time or
for any interval of time, either temporarily or at regular
and stated intervals, and either entirely or for certain
uses as the director shall find necessary.
905. 03 PERMITS
(a) Permits shall be required for the exclusive use of all
or portions of specific areas, buildings, and other system
facilities; and for conducting special events such as those
of a cultural, educational, political, religious or
recreational nature; and for specific exemption from _any
provision of this article. Any person, group or association
of persons required to obtain a permit shall file an
application for such permit with the director.
(b) The grantee of a permit shall be bound by this article
and any department regulations in force as though the same
were inserted in said permit.
(c) The grantee of a permit shall be liable for any loss,
damage or injury sustained by the system or by any person
whatever, by reason of the negligence of the person or
persons to whom such permits are issued.
(d) ' The grantee of a permit shall not transfer or
relinquish said permit to another person or group of persons
without the written permission of the director.
(e) The director shall have the authority to revoke a
permit upon evidence of good cause.
(f) No person shall in any manner disturb, harass, or
interfere with the grantee of a valid permit, nor with any
of the grantee's property or equipment.
(g) Permits shall be issued to adults only and said adult
shall be on the premises at all times during the duration of
the permit.
(h) No person or group shall place or keep any goods,
wares, merchandise or other articles on park property or
facilities without the written permission of the director.
(i) No person shall use park facilities such as picnic
areas, ballfields, tennis courts or volleyball courts which
have been reserved by another party, or to conduct picnic
activity at reservation picnic sites in violation of a
permit.
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905. 04 SPECIAL ACTIVITIES.
(a) SWIMMING.
(1) No person shall bathe, wade or swim in any open space
waters or at any Mounds View beach except in such areas
specifically designated for such use, and only at such times
when the "beach open sign is posted and an authorized
lifeguard is on duty.
(2) No person shall bathe, wade or swim at any beach except
when dressed in bathing attire which is socially acceptable
and conducive to water safety;
(3) No person shall use at any beach any inner tube, water
wings, raft, U.S Coast Guard approved life jackets when
properly attached or other inflatable or buoyant object
except if parents or a guardian adult is in the water with
the child and is within arms reach;
(4) No person shall possess, carry onto or scatter on any
beach, any glass container, broken glass, metal can, or
other debris which could be a safety hazard;
(5) No person having custody of any animal shall permit
said animal to enter any beach area during the swimming
season so established by the director;
(6) No person shall launch, dock or operate any watercraft
in any designated swimming area.
(7) No person shall violate rules of Lakeside Park.
(c) BICYCLING
(1) No person shall ride or operate a bicycle in any open
space site except on designated bikeways or surfaces
normally provided for vehicular traffic;
(2) No person shall ride or operate a bicycle in violation
of Chapter 169, Minnesota Statutes 1974 , as amended.
Persons riding a bicycle shall observe and obey all traffic
and directional signs;
(3) No person shall ride or operate a bicycle in any open
space site except in a prudent and careful manner, and
unless such person shall be capable of effective control and
operation of said vehicle. Pedestrians and motorized
vehicles shall have the right - of - way where a bikeway
intersects pedestrian trails or roadways;
4
•
(4) No person shall ride or operate a bicycle in any open
space site faster than is reasonable and safe, with regard
to the safety or the operator and other persons in the
immediate area;
(5) No persons shall ride or operate a bicycle in any open
space site thirty (30) minutes after sunset and thirty (30)
minutes before sunrise without appropriate front and rear
lighting;
(6) All bicycle riders shall remain in single file and
proceed in the extreme right hand lane of a drive or bikeway
at all times except-when passinganother vehicle or
bicyclist parked or traveling in the same direction;
(7) Wherever provided, bicycles shall be parked in
locations set aside specifically for their storage.
(d) GOLF:
(1) No person or group of persons or organization shall
play golf or hold a tournament or use any golf course or
practice range under the jurisdiction of the City of Mounds
View without having procured a permit or green fee receipt
from the director or director's representative;
(2) No persons shall drive, putt or in any other manner
play or practice golf except in areas specifically designed
for such use;
(3) Valid permits or green fee receipts issued by the
department shall be carried on the player, or group
representative and shall be exhibited upon demand by the
director or director's representative.
(4) Golfers shall be properly attired in accordance with
socially acceptable standards.
(5) No person shall tamper with any irrigation system, tee .
marker, green flag, or maintenance equipment;
(6) No person shall sell any merchandise on any golf course
except those concessionaires authorized by the director;
(7) Entrance to or exit from any golf course shall only be
through designated access points.
(e) BOATING:
(1) No person shall on any lake, pond or stream within the
City use any mechanically propelled boat or other watercraft
5
unless being used for emergency rescue or the maintenance of
the lake, pond or stream.
(2) No persons shall operate any watercraft on any open
space waters contrary to or in violation of Chapter 361,
Minnesota Statutes 1974, as amended;
(3) No person shall operate, row or paddle a boat, canoe or
other watercraft on any open space waters unless able to
handle the same with safety to himself, other occupants
thereof, or in such manner as not to annoy or endanger the
occupants of other boats;
(4) No persons shall leave any watercraft unattended except
in areas specifically designated for mooring, anchoring or
beaching;
(5) No person shall operate watercraft within an area which
has been designated as a swimming area;
(6) No person shall drop or throw any watercraft garbage,
litter or other debris;
(7) All watercraft launched from a system facility or
operating on open space waters shall have a Coast Guard
approved life preserver for each occupant;
(8) No person shall operate any watercraft in a careless or
reckless manner.
(f( MOTORIZED RECREATION VEHICLE:
(1) No person shall operate a motorized recreation vehicle
within any open space site except in such areas specifically
designated for such use;
(2) No person shall operate a nonlicensed vehicle on any
parkway or other roadway within an open space site.
(3) No person shall place any vehicle for sale or exchange
on park property.
(4) No person shall wash, grease, repair, change oil or
maintain in any way a vehicle except as necessary in an
emergency.
(q) CAMPING: No person shall establish or maintain any
camp or other temporary lodging or sleeping
place in any open space site.
6
904 . 05 GENERAL CONDUCT:
(a) DEFACEMENT, DESTRUCTION OF PROPERTY AND RESOURCES:
(1) No person shall tamper with, climb on, injure, deface,
destroy, disturb, damage, move or remove any part of any
park building, portable bathrooms, structure, sign, light
pole, drinking fountain, hydrant, picnic table, grill, trash
receptacle, equipment, statute or other property found
therein. This does not prohibit appropriate use of play
equipment.
(2) No person shall deface, disturb or remove in any manner
any soil, artifact, fossil, rock or other mineral resource;
(3) No person shall excavate any ditch, trench, tunnel or
hole in any open space site.
(4) No person shall erect or maintain a shelter, hockey
goals or other structures on the ice unless the structure is
portable and removed each day.
(5) No minor shall possess unauthorized permanent
marker, paint, matches or sharp tools.
(b) PRESERVATION OF VEGETATION:
(1) No person shall injure, cut, destroy, mutilate, uproot,
disturb, or remove any flower, tree, shrub, or any plant
whether wild or cultivated, or any part thereof;
(2) No person shall plant or cause to be planted any wild,
cultivated or exotic tree, shrub, or plant except in
specifically designated areas with the written permission of
the director;
(3) No person shall fell or climb any tree; pick any
flowers, fruit or vegetable (not self grown) ; trample any
flowers, tree seedlings, flower beds, vegetable gardens or
new turf seedlings;
•
(4) No person shall hitch any animal or fasten, anchor or
otherwise attach any wire, rope, cable, signs, posters, or
other articles to any tree, shrub or plant;
(5) No person shall make any unauthorized use of any open
space site which is detrimental to the turf and soil
conditions;
(6) No person shall remove any device, apparatus or
material installed for the protection, support, or
preservation of any tree, shrub or plant.
7
•
(7) No person shall construct or place any type of
structure including but not limited to deer tree stands,
playhouses, treehouses, temporary storage buildings,
motorcycle or bicycle launches, temporary shelters, tent,
tarps, canopies or other such devices upon park land without
permission by the director.
(c) ANIMALS:
(1) No person owning, being in custody, or having control
of an animal, whether wild, pet or domestic, shall cause or
allow such animal to roam or be at large in any open space
site;
(2) No person being in custody of any animal shall permit
said animal to enter any beach area, nature interpretive
area, wildlife refuge, golf course or park building, whether
leashed or otherwise, except trained animals assisting
handicapped persons;
(3) No person in custody of any pet or animal shall allow
said animal to disturb, harass, or interfere with other open
space users or their property;
(4) No person may feed wild animals or birds or deposit a
food source for wild animal or birds in the park system.
(5) Any unattended domestic animal or pet found roaming or
at large within any open space site shall be impounded;
(6) All state and local ordinances relating to the
licensing and muzzling of animals and pets shall apply to
same brought into any open space site;
(7) No person shall release or possess any exotic or wild
animal in any open space site without written permission of
the director;
(8) It is unlawful for any person who owns, harbors, or has
custody of a dog, cat or other animal to permit such animal
to defecate on any public property unless such person
immediately removes the excrement and properly disposes of
it.
(d) HUNTING, FISHING AND MOLESTING WILDLIFE:
(1) No person shall kill, hunt, trap, pursue, injure,
molest or unnecessarily disturb or have in possession any
species of wildlife including birds, waterfowl, fish or
other animals found within the confines of any open space
site, except that fishing may be permitted in designated
areas subject to laws and regulations as established by the
8
State of Minnesota;
(2) No person shall rob, disturb, or molest the nest, eggs
or young of any birds, or other animals within the confines
of any open space site.
(e) FIRES:
(1) No person shall start or maintain a fire in any open
space site except small recreational fires in fireplaces,
fire rings and grills provided for that purpose in areas
specifically designed for such use. Private grills may be
used in designated areas provided that all ashes and residue
therefrom be disposed of in containers provided for such
disposal.
(2) Any person who starts or maintains a fire in an
authorized area shall exercise continuous supervision from
the time the fire is kindled until it is extinguished. No
fire shall cause damage or constitute a threat to site
vegetation and resources, nor shall it cause discomfort to
other open space users;
(3) The director may, at his discretion, prohibit fires for
limited periods at any location for any purpose when it is
necessary for the continued protection of park property and
resources:
(4) Minors are prohibited from possessing any means of
starting a fire in City open space sites.
(f) WASTE AND LITTER;
(1) No person shall throw, cast, drop, pour, spill or
discharge, or permit to escape in or upon any land, pond,
river, creek, stream, ditch, storm sewer or drain flowing
into or through any open space site, any substance, matter
or thing whether solid, liquid, or gas, which shall result
in the pollution of said waters, interfere with the
conservation management of the water resource, or endanger
the health of the public;
(2) No person shall deposit in public trash receptacles any
household refuse, including all organic material resulting
from the manufacture, preparation, or serving of food or
food products; spoiled, decayed or waste products from any
source; bottles, cans or glassware; paper or paper products;
crockery, ashes, rags, discarded clothing, tree or lawn
clippings, leaves, weeds, waste resulting from building
construction, remodeling or demolition; and other waste
products, unless such refuse is the result of activities in
the park in which such public receptacles are located.
9
(3) No person shall drop, throw or otherwise leave
unattended in any open space site lighted matches, burning
cigars, cigarettes, tobacco, paper or other combustible
material.
(g) FIREARMS, WEAPONS, FIREWORKS:
(1) No person shall possess, fire, discharge, or set
off any firearm, missile, fireworks, or explosives in
any open space site. Permits for fireworks will only
be issued upon proof of adequate insurance and
compliance with state statutes;
(2)---No—person, except a law enforcement officer, shall
possess or carry a firearm of any description in any open
space site. No person shall possess or carry in any open
space site any air gun, bow and arrow, knife with a blade
greater than three (3) inches, slingshot, dart or projectile
thrower, or any other dangerous or illegal weapon.
(3) Any unauthorized or illegal weapon within an open space
site shall be subject to seizure by a law enforcement
officer.
(h) DISTURBING THE PEACE - CONDUCT:
(1) No person, or group of persons, shall disturb the peace
and good order in any open space site by either work or act;
(2) No person, or group of persons, shall use threatening,
abusive, insulting, obscene or indecent language or commit,
perform or engage in any lewd, lascivious, obscene or
indecent act;
(3) No person, or group of persons shall engage in
fighting, quarreling, wrangling, riotous clamor, or tumult;
(4) No person, or group of persons, shall disturb, harass
or interfere with any open space user or the user's
property.
(5) No person shall solicit or ask anyone to commit,
perform or engage in any lewd, lascivious, obscene or
indecent act or behavior.
(i) AUDIO DEVICES. No person shall operate or play any
musical instrument, radio, television, record or tape
players, loudspeaker, public address system or sound
amplifying equipment of any kind in any open space site in
such as manner that the sound emanating therefrom is audible
beyond the immediate vicinity of the set or instrument, and
subsequently interferes with the use of the open space site
10
by other users or disturbs the residents of adjacent
property.
(j ) LOITERING:
(1) No person over the age of six (6) shall enter any
comfort station or restroom, washroom or toilet facility set
apart or designated for the opposite sex;
(2) No person shall lurk or loiter in or around any toilet
facility or other system structure except to use such
facility for the purpose of which it is intended.
(k) ALCOHOLIC AND INTOXICATING BEVERAGES. No person shall
possess, have within his or her immediate control, display,
consume or use intoxicating beverage or non-intoxicating
malt beverage in or upon any public park open space. This
does not include the sale or consumption of alcoholic and
intoxicating beverages at "The Bridges" golf course.
(1) PARADES, ENTERTAINMENT, PUBLIC MEETINGS. No
procession, parades, pageants, ceremonies, exhibitions,
celebration, training exercises, speeches, entertainment or
other public gatherings shall be allowed to take place in
any open space site or on any parkway except with written
permission of the city council or director.
(m) GAMES. No person shall engage in any potentially
dangerous games involving thrown or propelled objects, such
as horseshoes, golf balls, darts, or similar objects except
in appropriate areas specifically designated for such usage.
(n) USE OF TENNIS AND BASKETBALL COURTS:
(1) No persons shall use a bicycle, roller skates, roller
blades, roller skiffs, skateboard or scooter, or allow a dog
to be on a color coated tennis or basketball court surface,
excluding hockey rink pavement which is specially designed
for rollerblade use.
(2) No person shall use a tennis court or basketball court
while not wearing tennis shoes.
(3) No person shall play continuously upon a tennis court
for more than one (1) hour while others are waiting to use
the court.
(4) No person shall play hockey on a tennis court.
(o) SKATEBOARDS: A skateboard is a footboard or similar
object mounted on wheels and designed or intended to propel
a rider by human power or force of gravity but without
11
mechanical assistance. The following is not skateboards: a
wheelchair operated by a disabled person.
(1) It is unlawful to operate a skateboard upon the
shoulder of main-travelled portion of a state or county road
within the city.
(2) It is unlawful to operate a skateboard carelessly or
heedlessly in disregard of the rights of others, or in a
manner that endangers or is likely to endanger persons,
property or the operator of the skateboard.
(3) It is unlawful to operate a skateboard in a place where
the surface or traffic conditions__r-ende-r the place unsafe
for skateboarding.
(4) It is unlawful to operate a skateboard on private
property without the prior express permission of the owner
of the property.
(5) An operator of a skateboard must yield the right-of-way
to any other type of vehicle or a pedestrian while the
operator is entering or travelling upon a street, alley,
sidewalk or bicycle path.
(6) The operation and use of skateboards is restricted to
paved trails, paved hockey rinks and paved parking lots
which are unoccupied, located in the parks.
A person who violates this section is guilty of a petty
misdemeanor and may be fined up to $50.
(A) ADVERTISING:
(1) No person shall distribute or disseminate any leaflets,
pamphlets, circulars, handbills, advertisements or other
written or printed material except with the written
permission of the director;
(2) No persons shall post, display, affix or attach any
sign, poster, placard, notice, banner or advertisement to
any tree, building, shelter, fence, pole or other structure
except with the written permission of the director;
(3) No person shall use loudspeakers, sound amplifying
equipment, musical equipment or cause any noise to be made
for advertising purposes or for the purpose of attracting
attention to any exhibition, performance, event or other
purpose except with the written permission of the director.
12
(q) UNLAWFUL SALES.
(1) No person shall sell, offer for sale, hawk, peddle or
lease any object, merchandise or service or carry on any
manner of business or commercial enterprise except those
concessions authorized or operated by the city.
(2) No person shall park or occupy a vehicle or stand to
sell any farm produce, flowers, merchandise or any other
product or for conducting any business or selling of
services unless authorized by the City.
(r) SOLICITING ALMS No person shall beg or solicit alms, - --
donations or contributions without a valid permit.
(s) PHOTOGRAPHY. No person shall take any photographs, or
motion or sound pictures for commercial purposes or for use
in commercial advertising except with the written permission
of the director.
(t) UTILITIES:
(1) The location, construction or erection of any sewer,
gas pipe, water pipe, hydrant, lamp post, telephone and
electric power post, conduit, pump, lift station and other
utility feature proposed in any open space site shall be
subject to the approval of the city;
(2) No person, firm or corporation shall construct or
relocate any of these utility installations or fixtures
without the written permission of the director;
(3) Every person, firm or corporation who shall receive a
contract or permit to do work shall after such work has
commenced and until the same has been completed, isolate the
construction area by security fencing, warning lights and
signs, or other appropriate measures that will protect the
public from exposure to danger and prevent unnecessary
accidents.
(u) LOST AND FOUND ARTICLES. Lost or mislaid articles or
money or personal property which are found in any open space
site shall be delivered or turned over to the Mounds View
Parks and Recreation Department. If the lawful owner of any
article or money deposited with the department does not
claim the same within a period of sixty (60) days, it shall
be returned to the finder upon request.
(v) LAW ENFORCEMENT OFFICERS AND EMPLOYEES:
(1) No person shall willfully resist, refuse or fail to
comply with any order, direction or request lawfully given
13
by any law enforcement officer or department employee acting
under the authority of the board and in accordance with this
article.
(2) No persons shall interfere with, or in any manner
hinder any department employee or law enforcement officer
during the performance of his assigned duties; nor any
employee of a contractor or other county department engaged
in construction, repairing or caring for any open space site
or part thereof, or while in the discharge or duties
conferred by this article.
(w) POSTED REGULATIONS, DIRECTIONAL I-GNS ANDGRAPH-IGS. No
persons shall disregard or fail to comply with any posted
regulations, directional signs and graphics, barriers or
other control devices located within any open space site or
on any parkway.
905. 06 TRAFFIC RULES.
(a) No person shall drive or operate motor vehicle within
any open space site except upon roadways, parking areas,
parkways or other areas designated for such use. Disabled
vehicles may be moved off a paved area to allow for the
continued flow of traffic but the vehicle must be repaired
or removed within two (2) hours, unless other arrangements
are made with the director.
(b) No person shall operate a motor vehicle within any open
space site or on any parkway in violation of posted
regulations and directional signs; Chapter 169, Minnesota
Statutes, 1974, as amended; county or municipal traffic
ordinances, or orders or direction of law enforcement
officers or department employees.
(c) No person shall drive or operate a vehicle on or along
any roads, drives or parking lots which have been
restricted, closed or posted with appropriate signs or
barricades. The director shall have the authority to order
roads, drives or parking lots within any open space site or
any roadway closed during the process of construction,
reconstruction, or repair or when in his opinion, weather
conditions render travel unsafe or unduly destructive.
(d) No person shall operate a motor vehicle in a careless
or reckless manner or without due regard for the safety and
rights of pedestrians and drivers and occupants of all other
vehicles, so as to endanger the life, limb or property of
any other person while in lawful use of an open space site.
(e) No person shall park, stop, or leave a vehicle in any
open space site or on any parkway or parking lot between the
14
hours of 10:00 p.m. to 6: 00 a.m. , unless a permit is
obtained from the director.
(f) No person shall operate a vehicle in any open space
site or on any parkway at a speed in excess of fifteen (15)
miles per hour or in excess of posted speed limits.
(g) No persons shall operate a vehicle in any open space
site which emits excessive or irritating noise, noxious
fumes, dense smoke or other pollutants.
(h) No person shall wash, grease or change oil on any
vehicle_in_enyapen- -spacedte A1-1 disabled ekiri-c-1ershaii --
quickly be made operational or removed from the open space
site.
(i) No person shall park a vehicle adjacent to any curb
painted yellow in any open space site.
(j ) Vehicles illegally parked, disabled or abandoned may be
towed away and impounded at the owner's expense. Said
vehicle may be sold if unclaimed after sixty (60) days to
pay towing and storage charges.
(k) No person shall drink, consume or have in his
possession an open bottle or container of an alcoholic or
intoxicating beverage in any motor vehicle when such vehicle
is in an open space site or on a parkway.
(1) Vehicles shall yield the right-of-way at all times to
pedestrians.
(m) No person shall participate in a drag race or test of
unreasonable acceleration in any open space site or on any
parkway.
905. 07 PENALTIES FOR VIOLATION.
Regulations in this park:
(a) Violating any of the provisions of this ordinance,
shall be a misdemeanor.
(b) Any person violating any of this article may be
expelled, ejected or ousted at such time from an open space
site at the discretion of a law enforcement officer.
905. 08 SEPARABILITY.
The provisions of this ordinance shall be separable, and the
invalidity of any section, paragraph, subparagraph,
15
•
subdivision or other part thereof shall not make void,
impair, invalidate or affect the remainder thereof.
905. 09 ADDITIONAL RULES AND REGULATIONS. The director may
adopt additional rules and regulations not contrary to the
provisions of this Code governing the use and enjoyment of
parks, trails, playgrounds, lakes, ponds, streams and other
publicly owned properties which shall be prominently posted
or publicly announced in the places where they are intended
to apply. Any person who violates a rule or regulation so
posed may be excluded from the use of the park system and
may in addition be prosecuted as for a misdemeanor.
ITEM 10 - PARR DEDICATION ORDINANCE
The park dedication ordinance is attached as well as a
dedication park financial statement. The park dedication funds
do not provide adequate funding for park improvements.
•
16
CITY s, I Agenda Section: 11.A
REQUEST FOR COUNCIL CONSIDERATION 11
Report Number: 95-1240C
ownsReport Date: 2-23-95
STAFF REPORT Council Action:
Dpi% ❑ Special Order of Business
CITY COUNCIL MEETING DATE February 27, 1995 ❑ Public Hearings
❑ Consent Agenda
II Council Business
Item Description: Consideration of Adoption of Ordinance No. 544 Vacating Publicly Dedicated
Easements, Mounds View Business Park East, 2nd Addition
Administrator's Review/Recommendation: ��/ �
- No comments to supplement this report \ - 'n1'6�r�
- Comments attached. �_,___
Explanation/Summary (attach supplement sheets as necessary.)
,SUMMARY;
At the February 13 , 1995 meeting, the City Council formally introduced
Ordinance No. 554 vacating publicly held easements included in the
MOUNDS VIEW BUSINESS PARK EAST 2ND ADDITION Plat. Ordinance No. 554 is
now presented to the Council for consideration of final adoption.
For Review:
In the Fall of 1994, the City Council approved the plat known as MOUNDS
VIEW BUSINESS PARK EAST 2ND ADDITION for Everest Development. This
Plat included property that will eventually support the Building N
addition to the Mounds View Business Park.
The MVBP East 2nd Addition plat that was approved was a replat of
properties included in two (2) previously approved Plats (Programmed
Land First and Second Additions) . At the time those two plats were
approved, certain easements were taken by the City to provide for
utilities and drainage on the parcels. Since the MVBP East 2nd Addition
plat is a reconfiguration of those original parcels, certain portions of
those easements are no longer necessary.
Because easements are "dedicated to the public forever", these
portions of unnecessary easements are required to be formally vacated as
part of the replat. Please keep in mind that new utility and drainage
easements were provided by Everest at the time of replat, so there is no
net loss in available utility and drainage easements.
I have attached Ordinance No. 554 which formally vacates the appropriate
sections of the easements on the property which are no longer necessary.
s
Paul Harrington, Co unity Development Coordinator
RECOMMENDATION;
Adopt Ordinance No. 554 vacating certain publicly held easements.
ORDINANCE NO. 554
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE VACATING CERTAIN PUBLICLY HELD EASEMENTS
The Council of the City of Mounds View does hereby ordain:
SECTION I. Purpose. This ordinance is adopted pursuant to
the procedures set forth at Section 12 . 06 of the Mounds View City
Charter. The purpose of this ordinance is to vacate certain
publicly held easements.
SECTION II. Findings. After due notice, the City Council
of the City of Mounds View makes the following findings:
a. Certain easements were conveyed for purposes of
drainage and utility installation at the time of
platting of Programmed Land First and Second Additions.
b. Following replatting of Programmed Land First and
Second Additions as Mounds View Business Park East 2nd
Addition, said easements are no longer necessary due to
new patterns of development.
SECTION III. Vacation. The following legally described
publicly held easements shall be vacated:
The existing utility easement over, under and across the
North 10 feet and the most easterly 10 feet of Lot 3 , Block
3 , Programmed Land First Addition, as platted and recorded
in the office of the County Recorder, Ramsey County,
Minnesota; and
The existing drainage and utility easement over, under and
across the north 10 feet, the east 25 feet and the southerly
30 feet of Lot 2 , Block 1, Programmed Land Second Addition,
as platted and recorded in the office of the County
Recorder, Ramsey County, Minnesota
All rights conveyed by Mounds View Business Park East 2nd
Addition Plat are reserved to the City.
SECTION IV. Recorded Notice. The Clerk-Administrator shall
cause a certified copy of this ordinance to be filed with the
Ramsey County Recorder and Ramsey County Registrar of Titles.
•
Ordinance 554
Page Two
SECTION V. 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 , 1995.
Read and passed by the City Council of the City of Mounds
View this day of , 1995.
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
APPROVED AS TO FORM:
City Attorney
CM t
Agenda Section: 11.B
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-12410
owns Report Date: Z'-23-95
STAFF REPORT Council Action:
ON ❑ Special Order of Business
CITY COUNCIL MEETING DATE February 27, 1995 ❑ Public Hearings
❑ Consent Agenda
l Council Business
Item Description: Consideration of Ordinance No. 555 Vacating Publicly Dedicated Easements,
Sherwood Estates
Administrator's Review/Recommendation:
- No comments to supplement this report _ Lt.;
- Comments attached.
Explanation/Summary (attach supplement sheets as necessary.)
SUMMARY:
At the February 13, 1995 meeting, the City Council formally introduced
Ordinance No. 555 vacating publicly held easements included in the SHERWOOD
ESTATES Plat. Ordinance No. 555 is now presented to the Council for
consideration of final adoption.
For Review:
In the late Fall of 1994, the City Council approved the plat known as
SHERWOOD ESTATES for Citywide Developers. This Plat included property that
will eventually support 13 new single family homes in the vicinity of
Highway 10 and Spring Lake Road.
The SHERWOOD ESTATES plat that was approved a platting of properties
previously described in metes and bounds. Over time, certain easements
were taken by the City to provide for utilities and drainage on the
property. Since the SHERWOOD ESTATES plat is a reconfiguration of that
property, certain portions of those easements are no longer necessary.
Because easements are "dedicated to the public forever", these portions of
unnecessary easements are required to be formally vacated as part of the
replat. Please keep in mind that new utility and drainage easements were
provided by Citywide at the time of platting, so there is no net loss in
available utility and drainage easements.
I have attached Ordinance No. 555 which formally vacates the appropriate
sections of the easements on the property which are no longer necessary.
Paaul'Harrington, ' Community Development Coordinator
RECOMMENDATION;
Adopt Ordinance No. 555 vacating certain publicly held easements.
ORDINANCE NO. 555
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE VACATING CERTAIN PUBLICLY HELD EASEMENTS
The Council of the City of Mounds View does hereby ordain:
SECTION I. Purpose. This ordinance is adopted pursuant to
the procedures set forth at Section 12 . 06 of the Mounds View City
Charter. The purpose of this ordinance is to vacate certain
publicly held easements.
SECTION II. Findings. After due notice, the City Council
of the City of Mounds View makes the following findings:
a. Certain easements were conveyed for purposes of
providing orderly development within the City on the
property to be included in the Sherwood Estates Plat.
b. Following platting of Sherwood Estates, said easements
are no longer necessary due to new patterns of
development.
SECTION III. Vacation. The following legally described
publicly held easement shall be vacated:
The West 20 feet of the North 115 feet of Lot 47, Auditor's
Subdivision No. 89 , Ramsey County, Minnesota, and also the
South 40 feet of the North 115 feet of said Lot 47 , except
therefrom the West 20 feet.
All rights conveyed by Sherwood Estates Plat are reserved to the
City.
SECTION IV. Recorded Notice. The Clerk-Administrator shall
cause a certified copy of this ordinance to be filed with the
Ramsey County Recorder and Ramsey County Registrar of Titles.
SECTION V. This ordinance shall take effect thirty (30)
days after the date of its publication.
Ordinance 555
Page Two
Read by the City Council of the City of Mounds View this
13 day of February , 1995.
Read and passed by the City Council of the City of Mounds
View this day of , 1995.
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
APPROVED AS TO FORM:
City Attorney
CITY"F Agenda Section: 11_C
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1247
Report Date: 9-93-95
STAFF REPO ' T Council Action:
❑ Special Order of Business
February 27, 1995 ❑ Public Hearings
CITY COUNCIL MEETING DATE ❑ Consent Agenda
g1 Council Business
Item Description: Consideration of Resolution No. 4718 of Intent to Explore Partnerships with
District 621 for Educational and Recreational Facilities
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
1 planation/Summary (attach supplement-sheets-as necessary.)
SUMMARY;
BACKGROUND
At the February Work Session, the Council and School District 621 Board
members met to discuss the District's concerns in regards to
overcrowding at Pinewood and Sunnyside Elementary Schools. The District
Board requested that the City consider forming a Task Force to identify
and make recommendations for action regarding the educational and
possible recreational needs that exist at the two schools.
The Board's concerns center on the immediate need for 10 additional
classrooms for elementary grades and identified Edgewood Middle School
as a possible site for construction of the additional space. The problem!
for the District is lack of upfront capital. They requested that the
City work with them to explore the feasibility of the City funding the
construction of additional educational space, possibly in conjunction
with needed gym and meeting space. Repayment to the City by the District
would be through the District's annual capital improvement allotment.
At the February 6 meeting, staff was directed to meet with the Board's
designated representative, Nick Tamali, to discuss the possible
composition of the proposed Task Force and draft a Resolution of Intent
that would be presented both to the School Board and the City Council.
VO*0
Saman ha Ordun• , City Admini ator
RECOMMENDATION;
Motion to approve Resolution No. 4718 and appoint representatives to
serve on the joint City/School District Task Force.
STAFF REPORT
PAGE TWO
FEBRUARY 27, 1995
RATIONALE
The proposed cooperative partnership with the School Board is
consistent with the City Council's goal to improve service
delivery to the residents of Mounds View. One of the action steps
outlined in the 1995 Council/Staff Five Year Goal Plan was to
broaden relationships with the School District and this action is
a step in the right direction.
For---sever-al y_ear-s, _the Legislature has encouraged and commended
joint ventures between local units of government. Exploring the
feasibility of a joint project of this nature is indicative of
the commitment of the Council and the School Board to meet the
needs of their collective customers. Both units of local
government benefit by working together to identify the problem
and determine the best possible solution. That solution may or
may not involve City action, but the exercise of forming a Task
Force and pursuing possibilities is a valid and worthwhile
effort.
TIMELINE
It is anticipated that the Task Force will be formed during the
first week of March with the first meeting scheduled for the
third week in March. The City Council will be asked to consider
the Resolution of Intent at their February 27 meeting, the School
Board will consider a similar Resolution the following evening,
February 28.
REQUESTED ACTION
Nick Tamali and I met on February 22 to discuss the composition
of the proposed Task Force and the Resolution of Intent. Mr.
Tamali suggested the representation for the School District, I
suggested the representation for the City. Both Nick and I felt
that the City's key players in this partnership were members of
the Council, EDA and EDC due to the policy and economic
development nuances of the proposed endeavor.
Should the Council wish to proceed with this partnership, it will
be necessary to approve Resolution No. 4718 and appoint a member
from the Council, a EDA Commissioner (the EDA can approve the
appointment at their March 13th meeting) and an EDC member. The
EDC meets on February 23, therefore the name of a EDC member
interested in serving on the Task Force will be provided at
Monday's meeting.
RESOLUTION NO. 4718
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF INTENT TO EXPLORE A PARTNERSHIP WITH
INDEPENDENT SCHOOL DISTRICT 621 FOR EDUCATIONAL
AND RECREATIONAL FACILITIES
WHEREAS, the Board of Directors of Independent School District
No. 621 have identified a need for classroom and recreational space
at Pinewood and Sunnyside Schools; and
WHEREAS, the Board has approached the City Council of Mounds
View with a request to consider a joint project to explore ways
that the two local units of government can work cooperatively to
provide classroom and recreational space for the elementary
students of Mounds View; and
WHEREAS, at the 1995 Strategic Planning Session, the City
Council committed to broadening its relationship with the school
district as one of its service delivery action steps; and
WHEREAS, the opportunity to explore a cooperative partnership
with the School District is consistent with the Council's goals;
and
WHEREAS, the Mounds View City/School District partnership can
best be accomplished by the creation of a Task Force with the
following composition:
1 School Board Member
1 Elementary School Principal (Pinewood or Sunnyside)
Director of Community Education
1 Member of the Early Family Education Center
1 Parent from either Pinewood or Sunnyside School
1 City Councilmember
1 EDA Commissioner
1 EDC Member
City Administrator; and
WHEREAS, the Task Force will be charged with:
* Identifying the educational and recreational space
needs at Sunnyside and Pinewood
* Explore the feasibility of providing additional
educational and recreational facilities at Edgewood
Middle School
* Identifying the size, scope and costs associated
with additional space needs
RESOLUTION NO. 4718
PAGE TWO OF TWO
* Explore funding opportunities
* Present findings to the Board and City Council with
recommendations for action; and
WHEREAS, the City Council, at their February 6, 1995 Work
Session, expressed interest in participating in a cooperative
approach to solving a problem impacting Mounds View children and
their parents.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council in and
for the City of Mounds View does hereby declare its intent to
partner with Independent School District No. 621 to explore
opportunities to identify the educational and recreational space
needs of the children of Mounds View attending Pinewood and
Sunnyside Elementary Schools.
BE IT FURTHER RESOLVED THAT the following people are appointed
to represent the City on the Task Force:
Councilmember
Councilmember
EDA Commissioner
EDA Member
Adopted this 27th day of February, 1995.
ATTEST:
Mayor
(SEAL)
City Administrator
TY OF Agenda Section: 11.D
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1242C
11176 Report Date: 2-23-95
STAFF REPORT Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE February 27, 1995 ❑ Public Hearings
❑ Consent Agenda
Council Business
Item Description: Consideration of Resolution No. 4/1/, Hiring of Colt Course Club
House Manager/Instructor
Administrator's Review/Recommendation.
- No comments to supplement this repo
- Comments attached.
Explanation/Summary (attach supplemen beets- necessary.)
$UMMARYz
With Spring quickly approaching, preparations have begun in anticipation
of the first year of play on The Bridges Golf Course. As part of these
preparations, an interview panel, consisting of Mary Saarion, Park,
Recreation and Forestry Director, Kurt Johnson, Golf Course Superintendent
and I interviewed six candidates to fill the position of Clubhouse
Manager/Instructor/Driving Range Manager. This is a nine month position,
from approximately March 1 to November 1 with an annual salary of $12, 000
plus teaching pay earned from a portion of the fees charged for lessons.
The six candidates, who were interviewed on Wednesday, February 22 , were
selected from a field of 15 who had responded to the job advertisement.
The advertisement required the successful candidate to have at least 2
years of post-secondary education in the area of golf course management,
business management, recreation or a related field and 3 years of golf
course clubhouse operations and golf instruction experience.
The interview panel recommends that Brus von Ende be hired to fill this
position. Mr. von Ende has a bachelors degree in marketing and
communications from St. Cloud State University and has worked for
Centerbrook Golf Course for the City of Brooklyn Center as a Clubhouse
Assistant/Teaching Pro for the past six years. He also has related
experience with the New Hope Village Golf Course as a Teaching Pro and with
the Woodbury Golf and Fitness Club. Mr. von Ende has demonstrated that he
has met all of the requirements of the position and has an excellent work
history which indicates he can perform the duties and responsibilities of
the position. Reference checks have been completed and are satisfactory.
It is recommended this hire be contingent upon successful completion of a
physical examination and drug and alcohol test.
4i
if ruikshank, Asst. To City Admin.
Motion to waive the reading and adopt Resolution No. 4717 approving the
FWINILVIVITIMONzon Ende, Golf Course Club House Manager/Teaching Pro/Range
Manager, annual salary to be funded out of Golf Course Account No. 750-
4601-020 and teaching pay to be earned from a portion of the fees charged
for lessons.
RESOLUTION NO. 4717
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE HIRE OF BRUS VON ENDE,
GOLF COURSE CLUB HOUSE MANAGER/INSTRUCTOR/RANGE MANAGER
WHEREAS, the position - -of- - Golf-- - Course—- Clubhouse -- - -
Manager/Instructor/Range Manager was advertised in several local
publications; and
WHEREAS, 15 candidates applied for the position, 6 of whom were
interviewed; and
WHEREAS, Brus von Ende was one of the candidates who applied for
the position and was interviewed based on his credentials; and
WHEREAS, Mr. von Ende has a Bachelor's degree from St. Cloud State
University and also has several years of golf course experience
with the City of Brooklyn Center, the New Hope Village Golf Course
and the Woodbury Golf and Fitness Club; and
WHEREAS, his education and past work experience indicate he has the
knowledge, skills and ability to perform the job tasks and duties
of the position.
NOW, THEREFORE, BE IT RESOLVED that the interview panel proposes
Brus von Ende be hired for this Golf Course Clubhouse
Manager/Instructor/Range Manager position starting Wednesday, March
1, 1995, at an annual salary of $12, 000 to be paid out of Golf
Course Account No. 750-4601-020 plus teaching pay earned from fees
for golf lessons.
BE IT FURTHER RESOLVED that this hire is contingent upon successful
completion of a physical examination and drug test.
Presented this 27th day of February, 1995.
(SEAL)
Jerry Linke, Mayor
(ATTEST)
Samantha Orduno, City Administrator