HomeMy WebLinkAboutAgenda Packets - 2001/01/22M:\MasterFiles\1999 thru 2010\2001\City Council\Council Packets\01-22-2001 Council\Agenda - City Council, January 22, 2001.doc
CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY, JANUARY 22, 2001
Revised
7:00 p.m.
1. CALL MEETING TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. January 2, 2001
B. January 8, 2001
5. SPECIAL ORDER OF BUSINESS:
6. REPORTS
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
C. Resolution 5520, Appointing Gary Stevenson as Planning Commission
Chair
8. UNFINISHED BUSINESS
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking, must give their full name and address for the
minutes. Please limit your comments to three minutes.
10. COUNCIL BUSINESS
A. Resolution 5519 Authorizing Severance Package for Pat Michna --
Givonna Reed
7:05 B. Public Hearing, Second Reading and Adoption of Ordinance 672, an
Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to
Home Occupations.
1. Second Reading and Adoption of Ordinance.
2. Vote: Quick, Marty, Stigney, Thomas, Sonterre
M:\MasterFiles\1999 thru 2010\2001\City Council\Council Packets\01-22-2001 Council\Agenda - City Council, January 22, 2001.doc
City Council Meeting
January 22, 2001
Page –2-
7:10 C. Public Hearing, Second Reading and Adoption of Ordinance 674, an
Ordinance Amending Chapter 1005 of the Municipal Code Pertaining to
the Housing Code.
1. Second Reading and Adopting of Ordinance.
2. Vote: Stigney, Thomas, Marty, Quick, Sonterre
D. Appeal of Planning Commission Denial of a Variance Request by John
Wilson, 7764 Greenwood Drive, Planning Case VR00-008 -- Jim Ericson
E. Direct Staff to Develop Job Descriptions for each Board/Commission
Member – Rob Marty
F. Hwy 10 Redevelopment Update – Jim Ericson
12. ADJOURNMENT
11. Next Council Work Session: Monday, February 5, 2001
Next Council Meeting: Monday, February 12, 2001
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
January 2, 2001
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:00 P.M.
1. MEETING IS CALLED TO ORDER
The Timberwolves’ mascot administered the oath of office to Mayor Sonterre.
City Administrator Miller administered the oath of office to Council Member Quick.
City Administrator Miller administered the oath of office to Council Member Stigney.
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas.
3. APPROVAL OF AGENDA
A. Tuesday, January 2, 2001 City Council Agenda.
Mayor Sonterre asked the Council if anyone would like to add items to the agenda.
MOTION/SECOND: Quick/Marty. To Move Discussion of the Planning Commission, Parks
and Recreation Commission, the Cable Commission, and the Economic Development
Commission Which is a Part of Resolution 5507 to the Work Session.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Marty/Quick. To accept the January 2, 2001, City Council Agenda as
amended, dispensing with the reading of all ordinances and resolutions unless otherwise
requested.
Ayes – 5 Nays – 0 Motion carried.
4. APPROVAL OF MINUTES
A. Monday, December 11, 2000, City Council Minutes.
Mounds View City Council January 2, 2001
Special Meeting Page 2
Council Member Marty requested on Page 6, Paragraph 3 the spelling of Berg be changed to
Berk. Council Member Marty also noted for the record Mayor Coughlin had provided changes to
the minutes to be submitted to the recording secretary.
MOTION/SECOND: Marty/Stigney. To approve the December 11, 2000, City Council Minutes
with the noted changes.
Ayes – 4 Nays – 0 Motion carried.
Mayor Sonterre abstained from voting as he was not present for the meeting.
5. SPECIAL ORDER OF BUSINESS:
Council Member Marty presented former Mayor Coughlin with a plaque thanking him for
serving as Mayor for term years 1999 and 2000.
6. REPORTS
Former Mayor Coughlin thanked Council for the plaque and stated it has been an honor for him
to have been able to serve the residents of Mounds View as Mayor. The job of Mayor has been
the most rewarding job he has had. Mayor Coughlin requested Council allow him to thank
several people. Of the residents of great character he pointed out David Jahnke who stands out in
his mind as being a very honorable man. While Mayor Coughlin and Mr. Jahnke did not always
agree their interactions have been the most notable of his term. This Council and Mayor
Coughlin were accused of doing things behind the scenes by an individual and Mr. Jahnke, in the
middle of being at Council Chambers to “take the mayor’s head off”, stood up in the midst of his
opposition and said that he was opposed to what was being said. After voicing his opposition to
the accusations, Mr. Jahnke said he could see nothing that was being done by Council that
merited the accusation that was being thrown. Mayor Coughlin sent Mr. Jahnke a letter stating
that in his short time as Mayor it was one of the most noble things he had witnessed. Mayor
Coughlin believes Mr. Jahnke is representative of the best angels of our nature here in the City of
Mounds View and his hat is off to him. Former Mayor Coughlin thanked Staff especially those
that get no or very little public acknowledgement of their actions. Former Mayor Coughlin
thanked Mike Ullrich the public works director. When Former Mayor Coughlin began his term
as Mayor he set as one of his goals to have Mr. Ullrich employed somewhere else before his term
was up. Former Mayor Coughlin has since apologized to Mr. Ullrich and has found Mr. Ullrich
to be one of the most honorable, decent human beings he has ever had the opportunity to work
with. Mr. Ullrich is also a very humble individual who has the difficult job of taking the
decisions of the Council and defending them even when he may not want to defend them. It is
his duty to carry forth the wishes of the Council and he has done so very well and Former Mayor
Coughlin acknowledged him for doing so. Mayor Coughlin thanked all of the Staff for being
good decent people and doing the best job they can for the City of Mounds View.
Former Mayor Coughlin also wanted to thank Bob Long and the rest of the members of Kennedy
and Graven who have done a very good job representing the City of Mounds View. He and his
Mounds View City Council January 2, 2001
Special Meeting Page 3
firm have logged countless hours on the airport fight which had been ongoing for 20 or more
years. Mayor Coughlin told him it needed to end one way or the other. Bob and his team
accomplished that goal. He and his crew have shown an impressive effort on the billboard issue
as well. There is a letter on the dais acknowledging those efforts. Finally, as representative of
the Council he sees it fitting to acknowledge Council Member Gary Quick who two years ago he
started off on the wrong foot with by getting into a shouting match over curb cuts. Former
Mayor Coughlin told Council Member Quick he has learned a significant amount of perspective
by talking with him and working with him. Council Member Quick is able to take input from his
neighbors and still look at the issue for the greater good of all of the residents of Mounds View.
If there is one thing that has changed his perspective during his time as Mayor it is to look out for
the greater good for the City of Mounds View. Not only for the greater good but for the long
term. Former Mayor Coughlin wished Council Member Quick good wishes on his second
decade as a Council Member. Former Mayor Coughlin recommended Mayor Sonterre learn from
Council Member Quick’s experience. Former Mayor Coughlin thanked staff for a job well done
and Council for its perseverance and due diligence.
Mayor Sonterre presented Former Mayor Coughlin with a gavel to acknowledge his service to the
City and all the help and leadership Mayor Coughlin has shown Mayor Sonterre over the course
of Mayor Coughlin’s term as Mayor.
MOTION/SECOND. Quick/Marty. To Take a Five Minute Recess.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre indicated Council should have received several different applications. The first
application is one for the Planning Commission submitted by Michael Hegland. Mr. Hegland is
seeking reappointment for a three-year term.
Mayor Sonterre noted Mr. Hegland was the only applicant for the Planning and Zoning
Commission and that an advertisement had been placed in the City’s newspaper in an effort to
solicit applicants.
Mayor Sonterre noted Chairperson Peterson would not be seeking reappointment to the Planning
Commission.
MOTION/SECOND. Sonterre/Quick. To Reappoint Michael Hegland to the Planning and
Zoning Commission for a Three-Year Term.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre noted there were five positions open on the Park and Recreation Committee.
Three of the four applications are time dated. The fourth is an application that was turned in late
and Mayor Sonterre asked for consideration in approving all four applicants.
Mounds View City Council January 2, 2001
Special Meeting Page 4
MOTION/SECOND. Quick/Marty. To Table the Park and Recreation Committee to allow time
for Council to Review Documentation.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre noted there were three applicants for the Economic Development Commission.
Mayor Sonterre inquired as to whether the Council wanted to handle Economic Development
Commission appointments as the Economic Development Authority. Consent to handle as EDA.
Mayor Sonterre indicated Former Mayor Coughlin had applied for a seat on the Park and
Recreation Committee.
MOTION/SECOND. Sonterre/Thomas. To Appoint Dan Coughlin to the Parks and Recreation
Committee for a Three-Year Term.
Ayes – 3 Nays – 2 (Marty/Quick) Motion carried.
Mayor Sonterre recommended Jerold Kahn be appointed to the Park and Recreation Committee.
MOTION/SECOND. Sonterre/Marty. To Appoint Jerold Kahn to the Park and Recreation
Committee.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre recommended John Kroeger be appointed to the Park and Recreation Committee.
MOTION/SECOND. Sonterre/Quick. To Appoint John Kroeger to the Park and Recreation
Committee for a Three-Year Term.
Ayes – 5 Nays –0 Motion carried.
Mayor Sonterre asked for consent of the Council to consider the application of Mark Pothen
which was not received in time to give Council five (5) days to consider the application. This
term would be for two years to fill the vacancy left by Mayor Sonterre.
Consent was reached by Council to consider the application.
MOTION/SECOND. Sonterre/Marty. To Appoint Mark Pothen to the Park and Recreation
Commission for a Two-Year Term.
Ayes – 5 Nays – 0 Motion carried.
Council Member Marty inquired as to whether there were any other vacancies on the Park and
Recreation Commission.
Mounds View City Council January 2, 2001
Special Meeting Page 5
Mayor Sonterre indicated there was one more vacant seat on the Park and Recreation
Commission, there are three vacant seats on the Planning Commission, and pending approval of
the Economic Development Authority all vacancies will be filled on the Economic Development
Commission.
Council Member Quick inquired as to whether there was a vacancy on the Police Civil Service
Commission.
Mayor Sonterre indicated he had spoken with the one member whose term is expiring and she
had not yet notified him as to whether she would like to seek reappointment. Technically, there
is a vacancy on the Police Civil Service Commission.
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
C. Resolution 5504, to Accept LLEBG (PD)
D. Resolution 5505, to Renew Irondale Agreement with New Brighton (PD)
Mayor Sonterre asked the Council if anyone would like to remove items for discussion.
MOTION/SECOND. Quick/Thomas. To Remove Item D from the Consent Agenda for
Discussion.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre inquired as to whether Council Member Quick had discussed Item D with the
Chief of Police.
Council Member Quick recommended approval of the Consent Agenda and then discussion on
Item D.
MOTION/SECOND: Marty/Stigney. To Approve the Consent Agenda for Items A through C.
Ayes – 5 Nays – 0 Motion carried.
Council Member Quick stated he needed clarification on Item D. Council Member Quick asked
the Police Chief if the scopes and services of the City of New Brighton should be Mounds View.
The Chief of Police indicated the document had been compared with the original agreement and
the only change was the addition of the middle school. At the schools request, because New
Brighton provides that officer, the scope and duties are listed in the document.
Council Member Quick indicated he was having trouble with the language of the contract but
now understood and thanked the Police Chief for his input.
Mounds View City Council January 2, 2001
Special Meeting Page 6
MOTION/SECOND. Quick/Marty. To Approve Consent Agenda Item D as Presented.
Council Member Marty noted the document adds the middle school and then asked the Police
Chief if Mounds View was still only responsible for providing the Irondale officer.
The Chief of Police indicated that Mounds View is only responsible for Irondale.
Ayes – 5 Nays – 0 Motion carried.
8. UNFINISHED BUSINESS
None.
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
None.
10. COUNCIL BUSINESS
A. Call to Order for Annual Council Business Meeting
1. Resolution 5506 Selection of Official Newspaper, Acting
Mayor, Deputy Clerk and Official Depository for 2000.
City Administrator Miller indicated cities are required to select an official newspaper, acting
mayor, deputy clerk, and an official depository. In the past Council has preferred to use the
Mounds View Focus as the primary newspaper because it is more widely received and the St.
Paul Pioneer Press as the secondary newspaper.
Council Member Thomas inquired as to why the St. Paul Pioneer Press is used as a secondary
publication.
Council Member Stigney explained that in the event the publication deadline is missed for the
Mounds View Focus which is a weekly paper the notice would be published in the secondary
paper as it is a daily publication.
Mayor Sonterre recommended staying with the Mounds View Focus as they have been the legal
newspaper for two years and residents are accustomed to seeing notices in it.
Council Member Quick nominated Council Member Stigney as acting mayor.
Council Member Stigney accepted the nomination to serve as acting mayor.
Council Member Quick noted Western Bank should remain as the depository bank.
Mounds View City Council January 2, 2001
Special Meeting Page 7
MOTION/SECOND. Quick/Marty. To Waive the Reading and Approve Resolution 5506 as
Amended to Specify the Mounds View Focus as the Official Newspaper and the St. Paul Pioneer
Press as the Secondary Newspaper, Council Member Stigney as Acting Mayor, and Western
Bank as the City’s Official Depository.
Council Member Marty noted The Bulletin has been providing increasingly better coverage and
seems to be narrowing the gap in coverage. The City has been trying to get the cable schedule
published in the Mounds View Focus but has not been able to do so. The Bulletin puts in the
weekly meetings and schedule and Council Member Marty would like to nudge the Mounds View
Focus to publish the cable schedule.
Mayor Sonterre noted the Mounds View Focus has lost their primary reporter and they are
struggling to provide coverage.
Ayes – 5 Nays – 0 Motion carried.
2. Resolution 5507 Appointing City Council Members and Clerk
Administrator as Representatives for City Commissions and other
Organizations.
This item was removed from the agenda.
3. Resolution 5508 Setting Meeting Dates for City Council
Meetings and Work Session for 2001.
Staff recommended Council reschedule the Council meetings scheduled for Memorial Day and
Labor Day for the Tuesday following the holiday and to cancel the meeting that falls on
Christmas Eve.
MOTION/SECOND. Quick/Stigney. To Reschedule the Council Meetings Scheduled for
Memorial Day and Labor Day for the Tuesday Following the Holiday and to Cancel the Meeting
that Falls on Christmas Eve.
Council Member Marty indicated that the Christmas Eve meeting is usually left on the schedule
because the City Charter requires that there be two City Council meetings a month and in the past
the City has been able to accommodate this by having the truth-in-taxation hearing during the
month of December. It would seem to him that it would be more appropriate to leave it on the
calendar as he doesn’t want to go against the Charter.
City Administrator Miller indicated she had spoken to the City Attorney concerning this issue
and was advised that the City Charter does not specify whether the two meetings per month are
Work Sessions or Council Meetings and that by having a Workshop and Council Meeting during
the month of December the requirements of the Charter will be met.
Mounds View City Council January 2, 2001
Special Meeting Page 8
Ayes – 5 Nays – 0 Motion carried.
B. Accept Letter of Resignation from Pat Michna, Police Department
Administrative Assistant.
City Administrator Miller noted Council had received a letter of resignation from Police
Department Administrative Assistant Pat Michna and requested direction from Council to fill the
position.
MOTION/SECOND. Quick/Marty. To Accept the Resignation of Pat Michna and Direct Staff
to Begin the Hiring Process to Fill the Position.
Council Member Marty stated Pat Michna has done an excellent job and has been an asset to the
City on the Street Commission as well. She will be missed.
Council Member Quick stated she has been around as long as he has been and she will be
missed.
Mayor Sonterre stated Pat Michna had stopped in his office today and he told her she was “the
face of the City”. She told Mayor Sonterre she has enjoyed the job but it is time to resign.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND. Marty/Quick. To Amend the Motion to Move Discussion of Certain Parts
of Resolution 5507 to Move Discussion of Resolution 5507 in its entirety to the Work Session.
Ayes – 5 Nays – 0 Motion carried.
11. Next Council Work Session: Monday, February 5, 2001 – 6:00 P.M.
Next Council Meeting: Monday, January 8, 2001 – 7:00 P.M.
12. ADJOURNMENT
MOTION/SECOND. Marty/Thomas. To Adjourn the January 2, 2001, City Council Meeting at
7 p.m.
Mayor Sonterre noted there would be a five-minute recess between the City Council Meeting and
the Work Session.
Transcribed and recorded by:
Joan Lenzmeier
TimeSaver Off Site Secretarial, Inc.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
January 8, 2001
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas.
3. APPROVAL OF AGENDA
A. Monday, January 8, 2001 City Council Agenda.
Mayor Sonterre asked the Council if anyone would like to add items to the agenda.
Council Member Marty requested Council and City Administrator retreat be added as item 10I.
Council Member Quick requested the Golf Course Committee meeting dates and starting times
be added as item 10J.
The Agenda was approved by consent of Council.
4. APPROVAL OF MINUTES
A. Tuesday, January 2, 2001, City Council Minutes.
The Minutes from January 2, 2001 will be available at the January 22, 2001 meeting for
consideration.
5. SPECIAL ORDER OF BUSINESS:
A. Resolution 5503, Resolution of Appreciation for Rosemary Goff
B. Resolution 5509, Resolution of Appreciation for Jerry Peterson
C. Resolution 5510, Resolution of Appreciation for Michael Berke
D. Resolution 5511, Resolution of Appreciation for Barbara Thomas
E. Resolution 5512, Resolution of Appreciation for Dawn Little
F. Resolution 5513, Resolution of Appreciation for Theresa Lexcen
G. Resolution 5514, Resolution of Appreciation for Stan McDonald
H. Resolution 5516, Resolution of Appreciation for Rich Sonterre
Mounds View City Council January 8, 2001
Regular Meeting Page 2
I. Presentation of plaque to Jerry Peterson
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5503 and
Resolutions 5509 through 5516, Resolutions of Appreciation.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre presented the Resolution of Appreciation to Rosemary Goff and thanked her for
her six years of service on the Economic Development Commission.
Mayor Sonterre noted Stan McDonald, Theresa Lexcen and Dawn Little were not in attendance
to receive their Resolutions of Appreciation. Mayor Sonterre thanked Mr. McDonald, Ms.
Lexcen and Ms. Little for their years of service to the City.
Mayor Sonterre presented the Resolution of Appreciation to Michael Berke and thanked him for
serving on the Planning and Zoning Commission.
Mayor Sonterre presented the Resolution of Appreciation to Barbara Thomas and thanked her for
serving on the Planning and Zoning Commission.
Mayor Sonterre presented the Resolution of Appreciation to Jerry Peterson and thanked him for
his 10 years of service to the City. Mayor Sonterre asked Community Development Director
Ericson to present the plaque and say a few words on behalf of the City.
Community Development Director Ericson read the inscription on the plaque and sincerely
thanked Mr. Peterson for his years of service to the City.
6. REPORTS
City Administrator Miller reported team building has been scheduled for April 6, 2001 and April
7, 2001.
7. CONSENT AGENDA
A. Approve Just and Correct Claims – None Submitted.
B. Licenses for Approval.
C. Set a Public Hearing for Monday, 7:05 p.m., January 22, 2001, for the Second
Reading of Ordinance 672, an Ordinance Amending Chapter 1106 of the Zoning
Code Pertaining to Home Occupations.
D. Set a Public Hearing for Monday, 7:10 p.m., January 22, 2001, for the Second
Reading of Ordinance 674, an Ordinance Amending Chapter 1005 of the
Municipal Code Pertaining to the Housing Code.
E. Resolution 5515, a Resolution Authorizing a Feasibility Study or the
Reconstruction of County Road H2.
Mounds View City Council January 8, 2001
Regular Meeting Page 3
Mayor Sonterre asked the Council if anyone would like to remove items for discussion.
MOTION/SECOND: Quick/Thomas. To Approve the Consent Agenda for Items A through E as
presented.
Ayes – 5 Nays – 0 Motion carried.
8. UNFINISHED BUSINESS
None.
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
David Jahnke of 8428 Eastwood Road stated he had watched the Golf Course Committee
meeting on television and was shocked to hear committee members questioning the procedure
and qualifications of Springsted as he believes them to be a reputable company. Mr. Jahnke
questioned why committee members were doubting and questioning the company the City hired
to do a feasibility study. Mr. Jahnke stated previous mayors had told residents the golf course
would not cost residents any money. To date, the golf course has cost residents $200,000 and is
expected to cost residents another $300,000.
Mr. Jahnke stated he did not believe the City should be in the golf course business and does not
believe residents should have to pay to keep the golf course running. Mr. Jahnke referred to a
memo he had received indicating it was very unprofessional.
Mr. Jahnke asked Mayor Sonterre if the Mayor believed residents should have to pay for the golf
course.
Mayor Sonterre indicated he did not believe residents should be required to pay for a business
venture enterprise. The City is currently looking at ways to restructure the financials for the golf
course to lessen the financial burden for the City and residents.
Mr. Jahnke asked Mayor Sonterre if he believed in the Springsted Study.
Mayor Sonterre indicated the City had received very few details on the study at this point. The
Committee asked representatives from Springsted for an update because it was unclear whether
the requirements of the City were being met.
Council Member Marty stated it was hard to speculate on the results of the study at this time as
the City does not have any information. The study numbers are supposed to be available for the
February 2, 2001 work session.
Cindy Carvelli of 5255 Irondale Road addressed Council and expressed concerns that the movie
theater does not have enough parking to accommodate its patrons and those patrons are parking
up and down Irondale Road causing a nuisance for the neighborhood. On December 30, 2000
Mounds View City Council January 8, 2001
Regular Meeting Page 4
there were 25 cars parked on Irondale Road and on January 1, 2001 there were 38 cars parked
along Irondale Road. Ms. Carvelli drove over to the theater to investigate whether the parking
was due to snow removal issues and determined it was not as cars were parked along the entrance
to the theater and along curbs in the parking lot. Ms. Carvelli indicated she had spoken to two
different managers at the theater, one who admitted the theater did not have enough parking and
another who indicated overflow parking is only an issue on holidays.
Mayor Sonterre thanked Ms. Carvelli for her comments and recommended she speak with
Community Development Director Ericson to be added to the agenda for the next Planning and
Zoning Commission.
Ms. Carvelli provided fliers with a possible solution to the problem to Council for their review.
She is suggesting the theater expand its parking to better accommodate its patrons.
Council Member Marty thanked Ms. Carvelli for bringing this issue to the attention of Council.
He indicated parking was a concern when the theater was before Council for approval and the
developer had assured Council the movie schedule would be staggered enough that there should
never be a problem with parking.
Council Member Stigney requested Staff research the developer’s agreement for the theater to
determine whether there is something in the document that the City could use to help residents
with the parking issue.
Ms. Werner of 2765 Sherwood Road requested Council provide her with the total income from
the golf course before expenses for the year 2000.
Mayor Sonterre indicated he did not have access to that information but said Ms. Werner could
contact Mr. Kessel to obtain the information.
Ms. Werner inquired as to whether Mr. Hammerschmidt received a percentage of the total
income of the golf course before expenses are taken out.
Mayor Sonterre stated he was not privy to the specifics of Mr. Hammerschmidt’s contract.
Ms. Werner questioned if Mr. Hammerschmidt did not receive a percentage of the total income
of the golf course before expenses what amount does he get a percentage of.
Ms. Werner inquired as to whether the golf course was profitable and, if not, what the net loss
was for the year 2000.
Council Member Marty stated the golf course was operating at a loss.
Council Member Quick reminded Mayor Sonterre citizens needed to direct their questions
directly to the Mayor. Council Member Quick then stated some of Ms. Werner’s requests were
data privacy protected.
Mounds View City Council January 8, 2001
Regular Meeting Page 5
Council Member Stigney stated he believed salary information was public information.
Council Member Quick stated the information needs to be requested by position not by
individual name or the information cannot be given out.
Ms. Werner requested Council provide her with the amount of income reported on Mr.
Hammerschmidt’s W2 Form from the City.
Mayor Sonterre stated he did not have Mr. Hammerschmidt’s W2 Form information and
questioned whether the City could legally provide the information to Ms. Werner. Mayor
Sonterre indicated he would pass on Ms. Werner’s request to Mr. Kessel.
City Attorney Riggs indicated most of the information requested by Ms. Werner could be
provided noting, however, the salary information would need to be requested by position not
individual’s name.
Ms. Werner stated she would be coming to City Hall to request the information.
Mr. Werner of 2765 Sherwood Road inquired as to why the City has not made further progress to
install billboards at the golf course. Advertising had been mentioned as a way to bring in
revenue for the golf course and he is wondering what the status of the billboards is.
Mayor Sonterre explained the City is currently trying to obtain permission to install advertising
billboards at the golf course. The Department of Transportation has expressed concern with a
public entity hosting advertising signs versus a private entity hosting advertising signs.
Mr. Jahnke stated he had spoken to the owner of the Sysco property and the owner had requested
Mr. Jahnke let Council know he is concerned that the property he donated to the City for
wetlands could be developed into the golf course.
10. COUNCIL BUSINESS
A. Public Hearing and Second Reading of Ordinance 676, Approving the 2000
Long Term Financial Plan.
Mayor Sonterre opened the public hearing at 7:35 p.m.
David Jahnke 8428 Eastwood Road stated he believed the City should be required to go to each
department and ask where cuts can be made. In any business there is always a requirement to cut
the dollar amounts requested by department heads. In his opinion Council has simply accepted
the budget requests from each department and not made any real effort to attempt to lower the
numbers.
Mayor Sonterre closed the public hearing at 7:37 p.m.
Mounds View City Council January 8, 2001
Regular Meeting Page 6
MOTION/SECOND: Quick/Marty. To Waive the Second Reading and Adopt Ordinance 676,
Approving the 2000 Long Term Financial Plan.
ROLL CALL: Sonterre/Marty/Quick/Thomas - Ayes; Stigney - Nay.
B. Appeal of Tobacco License Suspension, Amoco and Snyder’s.
Police Chief Clark requested Council remove this item from the agenda until he, the City
Attorney and the parties involved can further discuss and review this case.
MOTION/SECOND: Quick/Marty. To Table the Appeal of Tobacco License Suspension for
Amoco and Snyder’s to allow the Police Chief, the City Attorney, and the Parties Involved to
Research the Matter and Bring it Back Before Council.
Ayes – 5 Nays – 0 Motion carried.
C. Introduction and First Reading of Ordinance 672, an Ordinance Amending
Chapter 1106 of the Mounds View Zoning Code Pertaining to Home
Occupations.
Community Development Director Ericson explained this Ordinance was before Council at a
previous meeting but an issue was brought up concerning an individual in the City operating a
business out of his home that had non-resident employees. Council sent the Ordinance back to
the Planning Commission for further discussion and public input. The Planning Commission
held a public hearing to obtain resident input and Staff solicited input concerning proposed
changes to the Ordinance via email and received an overwhelming response from residents that
residents did not want any change to the Ordinance that would allow non-resident employees at
home-based businesses.
The Planning Commission increased the size allowed for home-based businesses from one (1)
square foot to four (4) square feet along with changing the location allowed for placement of the
sign. After resident input and Commission discussion it was determined not to allow on street
parking. The Ordinance does not limit the number of cars allowed for off street parking provided
the cars are parked in accordance with City Ordinance.
Mayor Sonterre inquired as to whether there was any public input expressing concern for an
increase in signage allowed for home-based businesses.
Community Development Director Ericson stated he had not received any public input
concerning the signage issue.
Council Member Quick indicated he had received one telephone call from a resident who was
concerned for the change in signage allowed for home-based businesses.
Mounds View City Council January 8, 2001
Regular Meeting Page 7
Council Member Thomas indicated she had spoken to a few people concerning this change to the
Ordinance and had worked with the Planning Commission on this Ordinance at the beginning of
the discussion. In her opinion, there should not be a challenge to the size of the signs.
Council Member Thomas stated a simple exercise to correct grammatical errors in the Ordinance
has brought to light a seriously outdated Ordinance. In her opinion, the changes proposed to the
Ordinance do not address the real problem which is the definition of home-based businesses. In
this age of e-commerce the City needs to better address the issues e-commerce businesses will
bring to the City.
Community Development Director Ericson inquired if there was something specific concerning
the Ordinance that Council Member Thomas felt the Planning Commission should consider.
Council Member Thomas indicated the City needs to be concerned with the issue of “what is a
home-based business” and “what should the City do to accommodate and regulate e-business.”
In her opinion, the issues of allowing employees and parking problems arose because the City
does not have a good definition of what a home-based business is.
Council Member Stigney stated he was present at the Planning Commission meeting for the
discussion concerning the Ordinance and he believes the Planning Commission did an excellent
job of addressing the issues.
MOTION/SECOND: Stigney/Quick. To Waive the Reading and Approve Ordinance 672, an
Ordinance Amending Chapter 1106 of the Mounds View Zoning Code Pertaining to Home
Occupations.
Council Member Stigney suggested Council Member Thomas should discuss her concerns
regarding the Ordinance with Community Development Director Ericson.
Council Member Quick stated he believed the Planning Commission had done an excellent job
of responding to resident input requesting non-resident employees not be allowed and on street
parking be discontinued.
Council Member Thomas indicated the Planning Commission had done a good job of addressing
the surface issues of the Ordinance but had not gotten to the root of the problem which she
believes to be the fact the City does not have a good definition of what a home-based business is.
Ayes – 4 Nays – 1 (Thomas) Motion carried.
D. Introduction and First Reading of Ordinance 674, an Ordinance Amending
Chapter 1005 of the Municipal Code Pertaining to Housing.
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Ordinance 674, an
Ordinance Amending Chapter 1005 of the Municipal Code Pertaining to Housing.
Mounds View City Council January 8, 2001
Regular Meeting Page 8
Ayes – 5 Nays – 0 Motion carried.
E. Adopting Resolution 5507, Appointing City Council Members and Clerk
Administrator as Representatives for City Commissions and Other
Organizations.
Assistant to the Administrator Reed explained this Resolution was before Council at the work
session on January 2, 2001 and has been revised to reflect the changes requested at that meeting.
Assistant to the Administrator Reed inquired as to whether Mayor Sonterre had heard from
Shannon Roepke as to whether he would like to serve on the Northwest Youth and Family
Services Committee.
Mayor Sonterre noted he had not yet heard from Shannon Roepke.
Mayor Sonterre suggested Council approve Resolution 5507 removing Shannon Roepke’s name
as the Northwest Youth and Family Services appointee and replace it with the phrase “to be
determined.”
Council Member Marty asked for a clarification on the League of Minnesota Cities.
City Administrator Miller explained that Council had agreed to eliminate the national
organization.
MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5507
with the deletion of Shannon Roepke’s name under Northwest Youth and Family Services.
Ayes – 5 Nays – 0 Motion carried.
F. Introduction and First Reading of Ordinances 677 (EDC), and 678 (Planning
and Zoning), Amending City Code Language Relating to Council Liaisons to
Boards and Commissions.
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Ordinance 677 (EDC)
and Ordinance 678 (Planning and Zoning), an Ordinance Amending City Code Language
Relating to Council Liaisons to Boards and Commissions.
City Attorney Riggs asked that each Ordinance be voted on separately.
Council Member Quick withdrew his motion and Council Member Marty withdrew his second.
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Ordinance 677 (EDC),
an Ordinance Amending City Code Language Relating to Council Liaisons to Boards and
Commissions.
Mounds View City Council January 8, 2001
Regular Meeting Page 9
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Ordinance 678
(Planning and Zoning), an Ordinance Amending City Code Language Relating to Council
Liaisons to Boards and Commissions.
Ayes – 5 Nays – 0 Motion carried.
G. Adopting Resolution 5518, Appointing Board and Commission Members.
Assistant to the Administrator Reed explained Resolution 5518 appoints representatives to the
various Commissions within the City.
Council Member Marty indicated he had received several telephone calls concerning the
appointments and suggested Council may need to look at the appointments a little more closely.
Mayor Sonterre explained in December he had drafted letters to all the members of the
Commissions to inquire as to whether they wished to continue service on the Commission they
were serving on or, in the case of those commission members with expiring terms, the letter
inquired as to whether the commission member would like to reapply. These letters were
dropped off at City Hall to be mailed and for an unknown reason were never mailed nor has
anyone at City Hall been able to determine the whereabouts of the letters. Due to the fact the
letters were never mailed there was some confusion among commission members as to how to
proceed. Mayor Sonterre has spoken to commission members who may have been adversely
affected by the fact they were not aware of the need to reapply for their seat and apologized for
the misunderstanding.
Assistant to the Administrator Reed noted there was a notice in the Mounds View Matters
notifying residents of the application deadline to serve on a commission.
Council Member Stigney inquired as to whether it was a generic notice concerning commission
application deadlines or if the notice specifically stated those with expiring terms needed to
reapply.
Assistant to the Administrator Reed indicated she was not sure but believed it was a generic
notice concerning commission application deadlines.
Council Member Stigney inquired as to whether Dawn Little was comfortable with not serving
on the Commission due to missing the application deadline.
Mayor Sonterre indicated he had spoken to Ms. Little who did not express a desire to be
reappointed to the Commission.
Council Member Marty stated Ms. Little did not want to make waves but when he spoke to her
she told him she was disappointed at having been mislead by being told at the December 13,
Mounds View City Council January 8, 2001
Regular Meeting Page 10
2000 meeting that Mr. Sonterre would be contacting her concerning reappointment. She was not
contacted and was not reappointed to the commission. Council Member Marty told Council Ms.
Little learned she had not been reappointed to the commission when she received notice of the
Resolution of Appreciation for her time on the commission.
Mayor Sonterre indicated Ms. Little was aware of the fact she had not been reappointed to the
commission last week. Mayor Sonterre noted he had reviewed the tape from the Park and
Recreation meeting in question and it appeared to him a generic statement was made indicating
commission members would be contacted concerning reappointment. There was no specific
direction made to either do or not to do something.
Council Member Thomas asked for a clarification as to whether Council had already approved
the appointments making this Resolution a housekeeping issue.
Assistant to the Administrator Reed indicated Council Member Thomas was correct when she
stated this Resolution was for housekeeping purposes.
Council Member Marty expressed his concern that there was now only one female member of the
Park and Recreation Commission. In his opinion you receive a more well rounded opinion when
both genders are more equally represented.
Mayor Sonterre indicated there were no female applicants for the Park and Recreation
Commission. He went on to say that gender would not have been a consideration when he made
his decision as to whom to appoint to the commission.
City Attorney Riggs explained Council appointed the members to the various commissions at the
January 2, 2001 Council Meeting and approving the Resolution tonight affirms those
appointments. The Council may, however, remove someone from a commission if it determines
that it is necessary to do so.
MOTION/SECOND: Thomas/Sonterre. To Waive the Reading and Adopt Resolution 5518,
Appointing Board and Commission Members.
Ayes – 5 Nays – 0 Motion carried.
H. Closed Session to Discuss Data Classified as “Not Public”.
This item will be heard in a closed session.
I. City Administrator City Council Retreat
Council Member Marty expressed a desire to set a aside a time for the City Administrator and
City Council to hold a retreat as has been done in the past.
Council Member Stigney indicated he felt the retreat would be a good idea.
Mounds View City Council January 8, 2001
Regular Meeting Page 11
MOTION/SECOND: Marty/Quick. To Direct Staff to Schedule a City Administrator City
Council Retreat.
City Administrator Miller inquired as to whether Council wished to have a meeting facilitator at
the retreat.
It was the consent of Council that a meeting facilitator would not be needed for the retreat, that
two or three hours should be set aside on a work day in the evening, and Staff should determine
the location of the retreat.
Ayes – 5 Nays –0 Motion carried.
J. Golf Course Committee Meeting Dates and Times
Council Member Quick suggested the meeting time be changed from 4:30 p.m. to 6:00 p.m. to
allow for a break between the work day and the meeting.
MOTION/SECOND: Quick/Marty. To Change the Golf Course Committee Meeting time from
4:30 p.m. to 6:00 p.m.
Mayor Sonterre questioned whether the cable staff would have enough time to set up between the
Golf Course Committee Meeting and the Council Meeting.
City Administrator Miller suggested the meeting be held on Council Work Shop meeting dates at
5:00 p.m.
Assistant to the Administrator Reed indicated Council needed to set a schedule of dates for the
meeting.
Council Member Quick withdrew his motion and Council Member Marty withdrew his second.
MOTION/SECOND: Quick/Marty. To Schedule the Golf Course Committee Meeting for the
second Monday of the Month at 5:30 p.m.
Ayes – 5 Nays – 0 Motion carried.
Council Member Marty questioned whether the golf course committee should have been in
Resolution 5507 and whether Council needed to appoint someone to the committee.
City Administrator Miller indicated she thought Council had directed Staff to eliminate that
committee from the Resolution.
MOTION/SECOND: Quick/Stigney. To Let the Current Representative Stand until the Contract
is determined.
Mounds View City Council January 8, 2001
Regular Meeting Page 12
City Attorney Riggs indicated there was no need for a motion on this issue as the current
appointment would stand until Council changed it.
Council Member Quick withdrew his motion and Council Member Stigney withdrew his second.
MOTION/SECOND: Sonterre/Quick. To Recess the City Council Meeting to the EDA Meeting
at 8:30 p.m.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre reconvened the City Council Meeting at 8:43 p.m. The meeting moved directly
into the executive session.
11. Next Council Work Session: Monday, February 5, 2001
Next Council Meeting: Monday, January 22, 2001
12. ADJOURNMENT
Mayor Sonterre adjourned the meeting at __________.
Transcribed and recorded by:
Joan Lenzmeier
TimeSaver Off Site Secretarial, Inc.
Item No. 7B
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: January 22, 2001
Please consider the following contractor licenses for approval. The licenses listed will expire on
December 31, 2001. All applicants have submitted appropriate fees and proof of insurance.
Licenses are noted with a “New” or “Renewal” after the company name. Those licenses defined
as “new” include all applicants that have never been licensed with the City or they may have
been licensed with the City in the past, but were not licensed in 2000.. Those defined as
“renewal” were licensed in the year 2000.
ASPHALT
T. A. Schifsky & Sons, Inc. - Renewal
GENERAL (COMMERCIAL)
E. R. Berwald Roofing Co., Inc.
HVAC
Advantage Air, Inc. - Renewal
Condor Fireplace & Stone
Dave’s Heating & Air – Renewal
Master Gas Fitters – Renewal
Metropolitan Mechanical Contractors, Inc.
Royalton Heating & Cooling - Renewal
SIGN
Infinity Outdoor - New
Staff Recommendation: Approve license applications as requested.
RESOLUTION NO. 5520
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING A CHAIR FOR THE CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION
WHEREAS, members of the Planning and Zoning Commission shall consist of nine
members of the resident population of Mounds View; and
WHEREAS, based upon the recommendation of the Planning and Zoning Commission
the City Council shall appoint a chairperson; and
WHEREAS, the Planning and Zoning Commission has sent forward a recommendation
to appoint Gary Stevenson as chairperson.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby
certify the appointment of Gary Stevenson as chairperson of the Planning and Zoning
Commission.
Adopted this 22nd day of January, 2001
ATTEST: _______________________________
Richard Sonterre, Mayor
(SEAL)
_______________________________
Kathleen Miller, City Administrator
Item No. 10A
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant to the City Administrator
Item Title/Subject: Resolution 5519 Approving Pat Michna’s
Severance Package
Date of Report: January 22, 2001
Attached is Resolution 5519 which requests authorization to make a severance
payment to Patricia Michna. The severance payment shall consist of $4956.77
for accrued and unused vacation time and $8066.80 for fifty-percent of accrued
and unused sick leave.
All requested payouts are based on salary at the time of retirement.
RECOMMENDATION
Approve Resolution 5519.
Respectfully Submitted,
___________________________
Givonna Reed
Assistant to the City Administrator
RESOLUTION 5519
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING SEVERANCE
PACKAGE FOR PATRICIA MICHNA
WHEREAS, Pat Michna has completed 22 years of service to the City of Mounds View;
and
WHEREAS, Pat Michna has elected to retire January 31, 2001; and
WHEREAS, Patricia Michna is entitled to the following benefits per the City of Mounds
View Personnel Manual, Section 4.35D Separation Compensation:
• 100% of accrued vacation time-estimated at 258.71 hours
o 271.01 hours of vacation x $18.29 per hour=$4956.77
• Option 1: a lump sum payment of fifty percent of accrued sick leave, or
Option 2: sixty-five percent of sick leave accrued for use toward the retiree’s group
health, dental and/or life insurance premiums for as long as the funds are available up
to the retiree’s 65th birthday. If Option 2 is elected, these funds may be used only for
the retiree’s health, dental and/or life insurance premiums and at no time may they be
taken for cash or for any other purpose.
Pat Michna has elected Option 1 which is estimated as follows:
o 882.10 hours of accrued sick leave x 50% x $18.29 per hour= $8066.80
• Total: $13,023.57
WHEREAS, Pat Michna is paid from the General Fund (Police Department) which has
reserved amounts for vacation and sick leave payouts.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby
approve the aforementioned provisions for Pat Michna and directs staff to move these
funds from their respective reserve accounts to the General Fund for payout .
ATTEST Adopted this 22nd day of January, 2001
Richard Sonterre, Mayor
SEAL
Kathleen Miller, City Administrator
Item No: 10B
Meeting Date: January 22, 2001
Type of Business: PH & CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Community Development Director
Item Title/Subject: Public Hearing, Second Reading and Adoption of
Ordinance 672, an Ordinance Amending Chapter
1106 of the Mounds View Zoning Code Pertaining to
Home Occupations
Date of Report: January 17, 2001
Background:
This ordinance has been drafted to update Section 1106.03 of the Mounds View
Zoning Code pertaining to Home Based Businesses. As the Council is aware, the
Planning Commission had reviewed this ordinance in October of last year and
forwarded its recommendation of approval to the Council for its action on November
13, 2000. At that meeting, the Council heard testimony from the residents and from
a home-based business owner, who requested that the Code be changed to allow
non-resident employees. Because the Planning Commission had not addressed that
issue, the Council returned the ordinance to the Planning Commission for further
review.
At their meeting on December 6, 2000, the Planning Commission reconsidered the
ordinance and took considerable testimony from the public, reviewed a summary of e-
mailed responses on the topic and came to a majority consensus as to how the
ordinance should be drafted in light of the new information. On December 20, 2000,
the Commission adopted Resolution 643-00 which recommended City Council
approval of the revised ordinance.
On January 8, 2001, the City Council discussed the revised ordinance and approved
its first reading.
Discussion:
There are minor housekeeping changes to the ordinance and two changes of
substance. The first change of substance relates to allowable signage. The Code
currently allows for one-square foot of signage, which was felt to be too restrictive.
This was recommended to be increased to four square feet, placement of which could
occur either on the house, garage, or within five feet of a street right of way. The
other change contemplated by this ordinance is that the limitation of no more than
two cars for either on or off street parking has been changed to eliminate on-street
Ordinance 672 Report
Page 2
parking altogether, yet removing the limitation of two vehicles for off-street parking,
so long as those vehicles are parked in compliance of City Codes.
Recommendation:
The Planning Commission and staff recommend approval of the second reading and
adoption of the ordinance.
_____________________________________
James Ericson, Community Development Dir.
Attachments:
1. Ordinance 672
E:\DATA\GROUPS\COMDEV\SPECPROJ\Sp083-00 (Home Occs)\Ord 672 Report - Jan 22, 2001.doc
ORDINANCE NO. 672
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 1106.03, SUBDIVISION 3,
OF THE MOUNDS VIEW ZONING CODE, PERTAINING TO HOME-BASED
BUSINESSES WITHIN THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 1106, Section 1106.03, Subdivision 3 of the Mounds View Zoning Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. 3. Home Occupations: The regulation of home occupations within residential structures is intended to ensure
insure that the occupational use is clearly accessory or secondary to the principal dwelling use and that
compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which:
a. Involves employees other than persons residing on the premises;
b. Involves alteration or construction features not customarily found in dwellings;
c. Has an exterior display or sign in excess of four one square feet foot. Such sign, for identification purposes only,
shall be located either on the principal structure structured or garage, or mounted on the property within five (5)
feet of a street right of way, so long as the sign or parts thereof do not extend beyond the property’s borders; Any
sign existing prior to December 29, 1972, shall not be enlarged but may be continued at the size and location upon
such date, except as hereinafter specified or subsequently amended. Any sign erected after December 29, 1972, but
prior to the effective date hereof shall come into compliance herewith by April 1, 1983;
d. Involves exterior storage of equipment or materials;
e. Generates any on-street parking. All vehicles associated with a home occupation shall be parked off-street and
in compliance with the City’s parking requirements Generates more than two (2) motor vehicles at a time for either
on- or off-street parking ;
f. Results in violation of the provisions of Chapter 607 604, Nuisances, of the Municipal Code; and
g. Involves activity visible from the public streets.
SECTION 2. This ordinance shall go into effect thirty (30) days after it has been published in the official City
newspaper.
First read by the City Council of the City of Mounds View on this 8th day of January, 2001.
Read and passed by the City Council of the City of Mounds View on this 22nd day of January,
2001.
Ordinance 672 Report
Page 4
Richard Sonterre, Mayor
ATTEST:
Kathleen Miller, City Clerk / Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________________
Robert C. Long, City Attorney
Item No: 10c
Meeting Date: January 22, 2001
Type of Business: PH
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: Jeremiah Anderson, Housing/Code Enforcement Inspector
Item Title/Subject: Public Hearing, second reading and adoption of ordinance
674, an ordinance amending Chapter 1005, Housing, of
the Mounds View Municipal Code.
Date of Report: January 17, 2001
Background:
At the January 8, 2001 City Council work session meeting, Council approved the first
reading of proposed Ordinance 674. Proposed Ordinance 674 amends the existing
Housing Code by accomplishing a two-step method: 1.) Ordinance 674 builds and
strengthens the existing Housing code by providing language that is more specific
and direct. 2.) Ordinance 674 clarifies the enforcement provisions of the Housing
Code by establishing an Enforcement Officer. The public hearing for proposed
Ordinance 674 has been scheduled for 7:10p.m on January 22, 2001.
Discussion:
The majority of proposed ordinance 674 addresses clarification items regarding the
enforcement of the Housing Code. This is accomplished by establishing an
Enforcement Officer, who is the primary party responsible for the enforcement of
the Housing Code. Other proposed amendments to the Housing Code that are
addressed by Ordinance 674 include language that is more specific and direct in
nature, which would be accomplished by building and strengthening the current
language in areas of the Housing Code that are vague and unclear. This in turn,
would help eliminate potential “loop holes” and other “gray areas” in the Housing
Code. Ordinance 674 does not add new material to the existing Housing Code; it
amends the existing Housing Code to provide clarification on the enforcement of the
Housing Code and clarifies areas of the Housing Code that are vague and unclear.
Recommendation:
Staff recommends approval of the Second reading and adoption of Ordinance 674.
Jeremiah Anderson
Housing/Code Enforcement Inspector
Attachment:
1. Ordinance 674
3
ORDINANCE NO. 674
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1005
OF THE MOUNDS VIEW MINICIPAL CODE, PERTAINING
TO DWELLINGS, MULTIPLE DWELLINGS, DWELLING
UNITS, ROOMING HOUSES, AND ROOMING UNITS WITHIN
THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 1005, Section 1005.03, Subd. 2.g. of the Mounds View Municipal Code is hereby
amended with additions underlined and deletions struck out to read as follows:
Subd. 2. Definitions: Unless otherwise expressly stated, the following terms shall, for the
purpose of this Chapter, have the meanings indicated in this subdivision:
. . .
g. ENFORCEMENT OFFICER: Shall include the Housing Inspector An inspector of the
Building Inspection Department or an authorized representative.
SECTION 2. Chapter 1005, Section 1005.04, Subd. 2 of the Mounds View Municipal Code is hereby amended with
additions underlined and deletions struck out to read as follows:
Subd. 2. In carrying out any orders of the Enforcement Officer Building Inspector which involve
structural changes, the work shall be done under the supervision of the Building Inspector, in
accordance with this Chapter and laws and regulations relative thereto. The required permits
must be obtained at the expense of the owner.
SECTION 3. Chapter 1005, Section 1005.06 of the Mounds View Municipal Code is hereby amended with additions
underlined and deletions struck out to read as follows:
Subd. 1. Foundations, Walls and Roofs: Every foundation, exterior wall, roof and all other exterior
surfaces shall be maintained plumb and free from open cracks, holes, and breaks and shall be
kept in a workmanlike state of maintenance and repair.
. . .
b. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers,
falling or loose stucco or brick and any other conditions which might admit rain or dampness
to the interior portions of the walls or to the interior exterior spaces. of the multiple dwelling,
.
c. All exterior surfaces, including but not limited to doors, door and window frames,
cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces,
other than decay-resistant woods, shall be protected from the elements and decay by painting
or other protective covering or treatment. Peeling, flaking, and chipped paint that exceeds
more than twenty percent (20%) of the total exterior surface shall be eliminated and surfaces
repainted. All siding and masonry joints as well as those between the building envelope and
the perimeter of the windows, doors, and skylights shall be maintained weather resistant and
weather tight.
d.c. The roof and flashing shall be sound, tight and have no defects which admit water rain,.
and rRoof drainage shall be adequate to prevent dampness, water, or deterioration in the
walls or interior portions of the dwelling, multiple dwelling, or dwelling unit. from causing
dampness in the walls. Roof drains, gutters and downspouts shall be maintained in good
repair and free from obstructions. Roof water shall not be discharged in a manner that creates
a public nuisance.
Subd. 2. Stairs, Porches, Railings, Sidewalks and Driveways:
. . .
b. Every flight of stairs which is more than four (4) risers high shall have a handrails on at
least one side of the stair. Handrails shall not be less than thirty inches (30”) nor more than
forty two inches (42”) high, measured vertically above the nosing of the tread or above the
finished floor of the landing or walking surface. Every open portion of a stair, landing,
balcony, porch, deck, or other walking surface which is more than thirty inches (30”) above
the floor or grade below shall have guardrails. Guardrails shall not be less than thirty inches
(30”) high above the floor of the landing, balcony, porch, deck, or other walking surface.
Guardrails are not required at any location where guardrails are exempted by the Building
Code.which are to be so located as determined by the Building Code, and every porch which
is more than eighteen inches (18") above grade shall have rails so located and capable of
restraining a horizontal pressure as determined by the provisions of the Building Code.
c. Every handrail and balustrade, and guardrail must be firmly fastened, and must be
maintained in good condition and capable of restraining a horizontal pressure as determined
by the provisions of the Building Code.
. . .
Subd. 3. Windows, Doors and Hatchways:
. . .
c. Doors:
. . .
(2) Every exterior door, door assemblies, and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, and rooming units shall tightly secure the
door. Every exterior door, shall close, open and fit properly within its frame.
. . .
SECTION 4. Chapter 1005, Section 1005.07 of the Mounds View Municipal Code is hereby amended with additions
underlined and deletions struck out to read as follows:
. . .
Subd. 3. Interior Stairs and Railings:
. . .
b. Every stairwell and every flight of stairs, which is more than four (4) risers high, shall
have a handrails on at least one side of the stair. Handrails shall not be less than thirty inches
(30”) nor more than forty two inches (42”) high, measured vertically above the nosing of the
5
tread or above the finished floor of the landing or walking surface. Every open portion of a
stair, landing, balcony or porch which is more than thirty inches (30”) above the floor or
grade below shall have guardrails. Guardrails shall not be less than thirty inches (30”) high
above the floor of the landing, balcony or porch. Guardrails are not required at any location
where guardrails are exempted by the Building Code.or railings so located in accordance with
the provisions of the Building Code.
c. Every handrail andor guardrailing must be firmly fastened, and must be maintained in
good condition,. Properly balustraded railings and capable of bearing normally imposed
loads as defined by the Building Code. shall be placed on the open portions of the stairs,
balconies, landings and stairwells
. . .
Subd. 7. Interior Walls, Floors, Ceilings and Woodwork: All interior walls, floors, ceilings and
associated woodwork or trim shall must be maintained clean, sanitary, in a sound condition
and in workmanlike repair. Peeling paint, cracked or loose plaster, decayed wood, and other
defective surface conditions shall be corrected. (1988 Code ∋93.08)
Subd. 8. Every interior door shall fit reasonably well within its frame and shall be capable of being
opened and closed by being properly and securely attached to jambs, headers or tracks as
intended by the manufacturer of the attachment hardware.
SECTION 5. Chapter 1005, Section 1005.08 of the Mounds View Municipal Code is hereby amended with additions
underlined and deletions struck out to read as follows:
1005.08: BASIC FACILITIES STANDARDS: No person shall occupy, as owner-occupant, or let to
another for occupancy any dwelling, multiple dwelling, dwelling unit, rooming house, or rooming unit
for the purpose of living, sleeping, cooking or eating therein which does not comply with the following
requirements:
. . .
Subd. 7 Minimum Thermal Standards: No person shall occupy as owner occupant, or let to another
for occupancy any dwelling, multiple dwelling, dwelling unit, rooming house, or rooming
unit for the purpose of living therein which does not have heating facilities which are
properly installed and maintained in safe and working condition and which are capable of
safely heating all habitable rooms, bathrooms, and water closet compartments therein to a
temperature of at least sixty eight degrees (68°) fahrenheit at a distance of three feet above
floor level and three feet from exterior walls.
Subd. 7. Heating Facilities: Every dwelling and multiple dwelling shall have heating facilities, and
the owner of said heating facilities shall be required to see that said heating facilities are
properly installed, safely maintained and in good working condition and that said facilities
are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms
located therein to a temperature of at least sixty eight degrees (68Ε) Fahrenheit with an
outside temperature of minus twenty degrees (-20Ε) at all times when rented.
a. Portable heating equipment employing flame and the use of liquid fuel does not meet the
requirement of this section and is prohibited.
b. No owner or occupant shall install, operate, or use a space heater employing a flame that
is not vented outside the structure in an approved manner.
. . .
Subd. 10. Deadbolt Locks: All exit doors leading to public areas or outside from all dwelling units
and rooming units hotel units shall be provided with deadbolt locks. At least one deadbolt
lock per door must be capable of being locked from the exterior of said unit. For the purpose
of this subdivision, a "deadbolt lock" is a locking bolt which, when in the locked position,
can only be moved positively by turning a knob, key or sliding bolt. Deadbolt locks having a
bolt moved by turning a key shall be of the five-pin tumbler type or an equivalent approved
by the Building Inspector. Lock throw shall not be less than three-fourths inch (3/4").
Locks shall meet the requirements of the Uniform Building Code and shall be installed within
fifty inches (50") of the floor. The occupant tenant shall be supplied with a suitable
functional key to operate each and every key-operated lock on all exit doors from the
dwelling unit, or rooming unit. tenant's unit.
. . .
Subd. 12. Installation and Maintenance:
. . .
d. Electrical Service, Outlets and Fixtures: All residential structures and dwelling units shall
be supplied with electrical service that is adequate to safely meet the electrical needs of the
structure and dwelling units in accordance with the provisions of the Building Code. The size
and usage of appliances and equipment shall serve as a basis for determining the need for
additional facilities. Every electrical outlet and fixture shall be installed, maintained and
connected to the source of electrical power in accordance with the provisions of the Building
Code1. (1988 Code ∋93.10) Where it is found that the electrical system in a structure
constitutes a hazard to the occupants or the structure by reason of inadequate service,
improper fusing, insufficient outlets, improper wiring or insulation, or deterioration and
damage, the Enforcement Officer shall require the defects to be corrected to eliminate the
hazard.
SECTION 6. Chapter 1005, Section 1005.09 of the Mounds View Municipal Code is hereby amended with additions
underlined and deletions struck out to read as follows:
. . .
Subd. 4. Light in Public Halls and Stairways: Every public hall and inside stairway, other than one
and two family dwellings shall be adequately lighted, at all times, with at least a 60-watt
standard incandescent light bulb or equivalent for each 200 square feet of floor area,
provided that the spacing between lights shall not be greater than 30 feet. an illumination of
at least five (5) lumens per square foot in the darkest portion of the normally traveled stairs
and passageways.
Subd. 5. Electric Outlets and Fixtures Required: Every habitable room, kitchen, and public hall,
water closet compartment, bathroom, laundry room and furnace room shall contain have at
least one floor or wall-type electric outlet for each 60 square feet or fraction thereof of total
floor area, and in no case less than two such electrical outlets, provided, however, that one
permanent type light fixture may be provided in lieu of one required receptacle outlet. Every
laundry area, water closet compartment, or bathroom shall contain at least one grounded type
receptacle or a receptacle with a ground fault circuit interrupter. Any new bathroom
receptacle outlet shall have ground fault circuit interrupter protection. the minimum number
of electrical outlets and electrical light fixtures as provided for in the Building Code2.
2 See Chapter 1003 of this Code for Electrical Code.
7
. . .
Subd. 8. Room Dimensions:
. . .
b. Floor Area: Each Ddwelling units and rooming units shall have at least
one (1) habitable room which shall have not less than one hundred twenty
(120) square feet of floor area. Other habitable rooms, except kitchens, shall
have an area of not less than seventy (70) square feet. Every habitable room
Where more than two (2) persons occupied occupy a room for sleeping
purposes by one (1) occupant shall contain at least seventy (70) square feet of
floor area. Habitable rooms occupied for sleeping purposes by more than one
(1) occupant shall contain at least 50 square feet of floor area for each
occupant thereof., the required floor area shall be increased at the rate of fifty
(50) square feet for each occupant. (Ord. 572, 2-26-96)
SECTION 7. Chapter 1005, Section 1005.10, Subd. 5 of the Mounds View Municipal Code is hereby amended with
additions underlined and deletions struck out to read as follows:
Subd. 5. Hazardous Storage: No storage of any kind shall be allowed under stairways. An enclosed
area under a stairway must be cleaned out and permanently sealed off. Individual storage
lockers must be provided with locking devices so that said lockers may be kept locked at all
times.
. . .
a. Combustible, flammable, explosive, or other hazardous materials, such as paints, volatile
oils and cleaning fluids or combustible rubbish such as wastepaper, boxes and rags shall not
be accumulated or stored unless such storage complies with the applicable requirements of
the Building Code and the fire prevention code.
b. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in
stairways, passageways, doors, windows, fire escapes, or other means of egress.
SECTION 8. Chapter 1005, Section 1005.11, Subd. 2 of the Mounds View Municipal Code is hereby amended with
additions underlined and deletions struck out to read as follows:
Subd. 2. Minimum Floor Area for Sleeping Purposes: Every rooming unit room occupied for
sleeping purposes by one (1) occupant person shall contain at least seventy (70) square feet
of floor area. Every rooming unit room occupied for sleeping purposes by more than one (1)
two (2) or more occupant persons shall contain at least fifty (50) square feet of floor area for
each occupant thereof.
SECTION 9. Chapter 1005, Section 1005.13, Subd. 3 of the Mounds View Municipal Code is hereby amended with
additions underlined and deletions struck out to read as follows:
Subd. 3. Plumbing Fixtures:
. . .
b. Every plumbing fixture furnished by the occupant shall be properly
installed and shall be maintained in good working condition, shall be clean
and sanitary and free from defects, leaks or obstructions.
SECTION 10. Chapter 1005, Section 1005.14 of the Mounds View Municipal Code is hereby amended with additions
underlined and deletions struck out to read as follows:
Subd. 1. Right of Entry:
a. Inspections: The Eenforcement Oofficer shall be authorized to make or
cause to be made inspections to determine the condition of dwellings,
multiple dwellings, dwelling units, rooming houses, rooming units and
premises in order to safeguard the health, safety, morals and welfare of the
public. The Enforcement Officer enforcing officer or authorized designated
representatives shall be authorized to enter any dwelling, dwelling unit,
multiple dwelling, rooming house or premises at any reasonable time for the
purpose of performing the officer's duties under this Chapter. The owner,
operator or occupant of every dwelling, multiple dwelling, dwelling unit,
rooming unit or the person in charge thereof shall give the Eenforcement
Oofficer free access to such dwelling, multiple dwelling, dwelling unit,
rooming unit at all reasonable times for the purpose of such inspection,
examination and survey. If the owner, operator or person in charge thereof
shall refuse to consent to the inspection, the certificate of registration shall be
withheld in the case of new registration applications or revoked in the case of
renewals. If the occupant refuses to consent to the inspection, a search
warrant may be obtained where there is probable cause to believe that a
violation exists within the particular structure.
. . .
Subd. 3. Posting to Prevent Occupancy: The Enforcement Officer Building Inspection Department
may prevent occupancy of any dwelling, multiple dwelling, dwelling unit, rooming house,
rooming unit building or structure or portion thereof, in violation of this Chapter. The
Enforcement Officer shall post on the premises a placard bearing the words “No Occupancy
Permitted.” and a statement of the penalties provided for occupying the premises or removing
the placard. by posting the building or structure. Posting may occur if any owner, agent,
licensee, or other responsible person has been notified by inspection report of items which
must be corrected within the time provided for in the inspection report of this Chapter and
such corrections have not been made within the stated time. No person shall remove or
tamper with any placard or other device used for posting. No person shall reside in, occupy,
or cause to be occupied any building structure or dwelling, multiple dwelling, dwelling unit,
rooming house, rooming unit, or portion thereof that has been posted to prevent occupancy.
The Enforcement Officer shall remove the placard whenever the violaton or violations upon
which the placarding action was based have been eliminated.
Subd. 4. Correction of Immediate Hazards:
. . .
c. If a dwelling, multiple dwelling, dwelling unit, rooming house, or rooming
unit is occupied and an immediate hazard exists on the premises, immediate
9
corrective action shall be taken by the owner, agent, licensee, or other
responsible person. If immediate corrective action is not taken, the
Enforcement Officer is authorized and empowered to order and require that
the occupants of said dwelling vacate the premises. The Enforcement Officer
shall post a notice placard at each entrance to the structure reading “This
Structure is Unsafe and Its Occupancy Has been Prohibited.” may order that
the dwelling unit be vacated. (Ord. 572, 2-26-96)
SECTION 11. Chapter 1005, Section 1005.16 of the Mounds View Municipal Code is hereby amended with additions
underlined and deletions struck out to read as follows:
Subd. 1. Enforcement Officials Officer: It shall be the duty of the Housing Inspector Building
Inspector and authorized representatives to enforce the provisions of this Chapter. Authorized
representatives shall include the Bbuilding Iinspectors, Building Official, the Fire Marshal
and the proper health official. (1988 Code ∋93.16)
Subd. 2. Notice of Violation:
a. Notice Required:
(1) When any violation of this Chapter shall come to the attention of the
Eenforcement Oofficer prior to any prosecution for an alleged violation of this
Chapter, it shall be the duty of the Eenforcement Oofficer to cause notice of such
violation to be sent to the holder or an agent of the certificate of registration or, if
no certificate of registration, to the owner, operator or occupant of such premises.
. . .
b. Mailing and Posting of Notice: The notice of violation shall be sent by
certified mail to the last known address of such person. If the notice of
violation is returned undeliverable, an exact copy of said notice shall be
posted conspicuously on the premises. If the violations are not corrected
within thirty (30) days, such notice shall be published once in the City's
official newspaper.
c. Time Constraints for Remedy of Violation: Such mailed or, posted and published notice
shall give the alleged violator thirty (30) days or less to correct the violation. The
Eenforcement Oofficer shall have the authority to give less than thirty (30) days' notice when,
in the officer's opinion, the violation can be remedied in less time and is of, but not limited to,
a violation that is dangerous to human life, detrimental to health or constitutes a potential fire
hazard. Said officer shall have the authority to extend the period upon good cause shown.
Subd. 3. Legal Authority: The acts, proceedings and authority of the Enforcement Officer Building
Inspector shall be treated as prima facie, just and legal.
. . .
First read by the City Council of the City of Mounds View on this ____ day of ____, 2001.
Read and passed by the City Council of the City of Mounds View on this ____ day of ____, 2001.
Ordinance 674 Report
Page 2
Rich Sonterre, Mayor
ATTEST:
Kathleen Miller, City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________________
City Attorney
Item No: 10 D
Meeting Date: January 22, 2001
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Community Development Director
Item Title/Subject: Appeal of Planning Commission Denial of a Variance
Request by John Wilson, 7764 Greenwood Drive.
Planning Case VR00-008
Date of Report: January 17, 2001
Background:
John Wilson, property owner of 7764 Greenwood Drive, requested a variance to
permit a garage addition built onto the side of his garage up to the north side
property line. The structure has already been constructed without a permit. The
Planning Commission voted to deny the request at their meeting on December 20,
2000, citing an overall lack of hardship. Mr. Wilson is appealing the Planning
Commission’s decision, but in so doing, is willing to compromise by cutting four feet
from the lean-to.
History:
Staff became aware of the structure in May after neighbors called to complain about
it. The Building Inspector visited the property and sent a letter to Mr. Wilson on June
8, indicating that a building permit had not been obtained and that the construction
was in violation of Code requirements.
Mr. Wilson did contact staff after receiving the letter, and he was told that he would
either need to remove the garage addition or apply for a variance. After not hearing
back from Mr. Wilson, staff left additional voice mail messages for him, and was finally
contacted by Mr. Wilson on September 5. I followed up with a letter that same day,
again indicating that a variance would be necessary to keep the structure. Attached
to that letter was a planning application and a handout regarding variances.
Two months later, staff had not yet received an application and once again sent a
letter to Mr. Wilson, this time indicating that if an application was not received by
December 1, a Ramsey County court citation would be issued in his name. Staff
received the application on November 20, 2000.
Discussion:
The Planning Commission denied the variance request for a number of reasons, all of
which relating to the criteria present in City Code and Minnesota Statutes. The
Planning Commission determined that there was no hardship to permit the lean-to,
which was built without a permit violating the Zoning Code setback provisions.
Attached to this report is Planning Commission Resolution 645-00 for the Council’s
reference.
Accompanied by Mr. Wilson, staff inspected the property after the Planning
Commission denied the variance request in an effort to determine if there were any
options regarding the lean-to beyond complete removal, which was a requirement of
Resolution 645-00. Because of the configuration of the home and garage, there is no
other place to have such a lean-to structure. While an accessory storage building
could be built elsewhere on the lot, it would not be as convenient as where the lean-to
exists now.
The garage was constructed 10 feet from the property line and the lean-to, attached
to the garage using the same roof-line as the garage, extends to the north property
line. The zoning requirements state that a garage or accessory structure be set back
five feet from a property line. The lean-to, because it is a structure attached to the
garage, is subject to the five-foot setback requirement. Mr. Wilson has indicated that
as a compromise, he could “cut back” the lean-to so that it was approximately four
feet from the property line. If cut back by four feet, the structure would still require
approval of a variance, but the extent of the variance would be minimal in comparison
to what was originally requested. Even so, the same standards regarding “hardship”
would still apply to the structure.
Recommendation:
Mr. Wilson is appealing the Planning Commission’s decision to deny the variance, yet
is willing to compromise on the extent of the variance required. Rather than overturn
the Planning Commission’s decision, staff would suggest that the Council deny the
appeal partly because all of the hardship criteria cannot be met and primarily because
it appears possible to alter the structure to comply with the zoning requirements. If
Mr. Wilson indicates that it is possible to satisfy the code requirements, the appeal
should be denied simply because the variance would not be needed. The resolution
denying the appeal however should explicitly state that the structure can remain,
subject to four stipulations:
• The structure shall be altered to meet all zoning and setback requirements,
• A building permit shall be obtained for the structure,
• City inspectors shall be allowed access to inspect the alterations, and
• The altered structure shall comply with all corresponding Building Codes.
If Mr. Wilson cannot comply with these stipulations, staff would recommend that in its
resolution denying the appeal, the Council reaffirm the Planning Commission’s
requirement to completely remove the entirety of the structure and restore the
garage to its original condition.
_________________________________
James Ericson
Community Development Director
763-717-4021
Attachments:
1. Planning Commission Report
2. Planning Commission Resolution 645-00
3. Letters from Residents in Opposition of Variance
4. Letter from John Wilson
N:\DATA\GROUPS\COMDEV\DEVCASES\Vr00-008 (Wilson)\Wilson Apepal to Council.doc
RESOLUTION NO. 5521
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION
DENIAL OF A VARIANCE FOR A ZERO-FOOT GARAGE ADDITION SETBACK AT
7764 GRRENWOOD DRIVE, REQUESTED BY PROPERTY OWNER JOHN
WILSON.
WHEREAS, in the spring of 2000, John Wilson, property owner of 7764
Greenwood Drive, constructed a garage addition without a building permit; and,
WHEREAS, the garage addition was built up to the north side-yard property
line without any setback; and,
WHEREAS, the side-yard setback for garages and accessory structures is five
feet; and,
WHEREAS, staff became aware of the structure in May of 2000, after
neighbors called to complain about the construction; and,
WHEREAS, City staff sent letters to the property owner on June 8, September
5, and again on November 6, 2000, indicating that the structure was in violation of
building and zoning codes and that the violations would need to be corrected; and,
WHEREAS, on November 20, 2000, Mr. Wilson applied for a variance to allow
for the garage addition to remain unchanged; and,
WHEREAS, The Mounds View Planning Commission held a public hearing on
December 20, 2000 regarding the request and after taking testimony and reviewing
the facts of the request, approved Resolution 645-00, a resolution denying the
requested variance due to a lack of demonstrated hardship; and,
WHEREAS, on January 12, 2001, Mr. Wilson appealed to the City Council,
requesting that the Council overturn the decision of the Planning Commission; and,
WHEREAS, in his letter seeking an appeal of the Planning Commission denial,
Mr. Wilson indicated that he was willing to compromise on the extent of the setback;
and,
WHEREAS, staff spoke with Mr. Wilson on January 22, 2001, who agreed that
the structure could be cut back so as to meet the Zoning Code Setback
requirements, eliminating altogether the need for a variance.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of
Mounds View does hereby uphold the decision of the Planning Commission to deny
Mr. Wilson’s variance request for a zero-foot garage addition setback, citing by
reference the same findings pertaining to the lack of demonstrated hardship as
presented in Planning Commission Resolution 645-00.
BE IT FURTHER RESOLVED, that Mr. Wilson shall either completely remove
the garage addition and restore the garage to its original condition or alter the
structure so as to be in compliance with the building and zoning codes of the City of
Mounds View within 30 days of the adoption date of this resolution.
Adopted this 22nd day of January, 2001.
Richard Sonterre, Mayor
ATTEST
Kathleen Miller, City Clerk/Administrator
(SEAL)
C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\Resolution 5521.doc