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M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\04-24-00\Regular Meeting\Agenda.docx
CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY, April 24, 2000
1. CALL MEETING TO ORDER
2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason
2. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. City Council April 10, 2000
5. SPECIAL ORDER OF BUSINESS:
6. REPORTS
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
C. Consideration of Resolution 5436, Authorizing the Golf Course Manager to
Undertake a Feasibility Study for the Expansion of the Bridges Golf Course—John
Hammerschmidt
D. Consideration of Purchase of Exercise Equipment for Community Center—Terri
Blattenbauer
8. UNFINISHED BUSINESS
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking, must give their full name and address for the minutes.
Please limit your comments to three minutes.
10. COUNCIL BUSINESS
7:05 A. Public Hearing and Consideration of Resolution 5418, a Resolution Approving a
Conditional Use Permit, Development Review and Wetland Buffer Permit for the
Messiah Lutheran Church Facility Expansion – Jim Ericson
7:10 B. Public Hearing and Consideration of Resolution 5423, a Resolution Contemplating
a Conditional Use Permit for an Over-sized Shed at 2159 Terrace Drive – Jim
Ericson
7:15 C. Public Hearing and Consideration of Resolution 5424, a Resolution Contemplating
a Conditional Use Permit for an Over-sized Shed at 8038 Long Lake Road – Jim
Ericson
City Council Meeting
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\04-24-00\Regular Meeting\Agenda.docx
April 24, 2000
Page –2-
7:20 D. Public Hearing and second reading of proposed Charter Amendments:
Ordinances 649, 650, and 651-City Attorney, Bob Long
E. Premises Permit Renewal for Lake Region Hockey Association—Givonna
Reed
F. Continuation of Public Hearing and Consideration of Resolution 5417, a
Resolution Approving an Interim Use Permit for Two Billboards Located at Sysco
Minnesota Property, 2400 County Road J – Jim Ericson
G. Consideration of Resolution 5433 Approving Severance Pay for Wallace
Mortenson and David Brick-Givonna Reed
H. Consideration of Resolution 5435 Authorizing Revisor’s Footnote Addition to the
City of Mounds View Charter – City Attorney
11. Next Council Work Session: Monday, May 1, 2000
Next Council Meeting: Monday, May 8, 2000
12. ADJOURNMENT
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
April 10, 2000
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:03 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Coughlin, Marty, Stigney, Quick and Thomason.
NOT PRESENT: None.
3. APPROVAL OF AGENDA
A. Monday, April 10, 2000, City Council Agenda
Mayor Coughlin asked the Council if anyone would like to add items to the agenda.
Mayor Coughlin noted a typographical error in Consent Agenda Item B, which indicates 7:05
p.m., and should indicate 7:15 p.m.
MOTION/SECOND: Marty/Quick. To Accept the April 10, 2000 City Council Agenda as
Amended.
Ayes – 5 Nays - 0 Motion carried.
4. APPROVAL OF MINUTES
A. Monday, March 27, 2000, City Council Minutes
Mayor Coughlin requested a correction to Page 8, last paragraph, last sentence, to indicate “…to
ensure that the bonds are paid...”
Mayor Coughlin requested a correction to Page 11, first sentence, second line, to omit the last
three words “and 4.5 million.”
Mayor Coughlin requested Item 12, Adjournment, indicate “Mayor Coughlin adjourned the
meeting at 10:35 p.m.”
Council Member Marty requested a correction to Page 4, last paragraph, last sentence to indicate
“as this is his perspective.”
Mounds View City Council April 10, 2000
Regular Meeting Page 2
Council Member Marty requested a correction to Page 5, first sentence, to indicate “…where
often the case is…” and to omit “…when to ask their attorney for advice.”
Council Member Marty requested a correction to Page 5, Item 7, sixth paragraph, eighth
sentence, to indicate “Elegant Thymes .”
Council Member Marty requested a correction to Page 10, third paragraph, third sentence, to
omit the word “not”, after the word “planned,” to indicate “it might not only be unnecessary…”
and to add the word “not” to further indicate “…but also to not make…”
Council Member Marty requested a correction to Page 11, seventh paragraph, last sentence, to
omit the second word “this,” to indicate “He stated this was discussed at the previous Work
Session.”
Council Member Marty requested a correction to Page 18, second paragraph, second sentence, to
indicate “1 to 1 ½ inches thick.”
Council Member Marty requested a correction to Page 19, fourth paragraph, to indicate “Council
Member Quick inquired if the City paid a fee for I&I reduction.”
MOTION/SECOND: Marty/Thomason. To accept the March 27, 2000 City Council minutes as
corrected.
Ayes – 5 Nays – 0 Motion carried.
5. SPECIAL ORDER OF BUSINESS
None.
6. REPORTS
Council Member Marty stated at the previous meeting, Interim Administrator Ulrich had
indicated the City was experiencing a rash of vandalism in the form of graffiti. He stated he
would like to reiterate this point, and make the citizens aware that it is not only occurring in
Mounds View, but also in the surrounding communities. He requested any citizens who witness
this vandalism to please contact the Police Department.
Council Member Marty reported he attended the previous Planning Commission meeting. He
stated this was a very good meeting, with a very good group of people representing the City. He
indicated some of the items discussed at this meeting would be coming before the Council in the
near future. He stated there was discussion concerning an addition at the Messiah Lutheran
Church, and continued discussion pertaining to billboard spacing. He explained that the
Commission would examine this matter further in the future, however prior to that, it would
come before the Council. He indicated Community Development Director Jopke provided the
Commission with a list he received from the League of Minnesota Cities entitled “Ten Tips for
Avoiding Land Use Claims,” and advised that this would be useful information for the Council to
consider as well.
Mounds View City Council April 10, 2000
Regular Meeting Page 3
Mayor Coughlin reported the I-35W Corridor Coalition met the previous week, and members of
the City Councils and Planning Commissions were invited to attend. He extended this thanks to
the six Mounds View Planning Commission members who attended this meeting, adding that
this was a significant sacrifice of time for them, and they should be commended in this regard, as
well as Council Member Thomason, who represented the Council, along with himself. He
extended his appreciation to staff for the variety of staff members who were also present. He
commented that he viewed it as somewhat of a competition to see how many representatives the
City could bring to these meetings, and only the city of Blaine had more people in attendance at
that time. He indicated Mounds View is a small town, however, it is well represented at these
meetings, and their voice was clearly heard that evening.
Mayor Coughlin stated that since the previous meeting of the Council, he has been to the Capitol
twice, bringing his total meetings at the Capitol to approximately 25, in regard to the Airport
Legislation. He extended his thanks to Council Member Thomason for helping to represent the
City in this regard, during the previous week. He indicated she had met the Speaker of the
House, and was initiated into the negotiation process that is currently underway. He extended
kudos to City Attorney Long, who has done a Yeoman’s job at the Capitol in terms of going toe-
to-toe with the MAC Lobbyists.
Mayor Coughlin reported there was a brief Highway 10 safety and redevelopment update at the
previous Council Work Session. He stated the Council is continuing to work with Springsted &
Associates to organize a schedule for the community meetings, and the dates and times of those
meetings would be communicated to the public as soon as they are available. He indicated there
was also discussion at the Work Session pertaining to street lighting options, and Interim
Administrator Ulrich would provide further detail in this regard.
Mayor Coughlin reported that the Golf Course Committee meeting was televised and would be
re-broadcast for those interested in viewing the proceedings. He stated options were presented at
this meeting for increasing cash flow at the golf course, which may become a critical
consideration in the event that the City is unable to obtain the anticipated revenues from the
billboards along Highway 10. He indicated the Golf Course Committee made some
recommendations for increasing revenues, which would be presented to the Council in short
order.
Interim Administrator Ulrich reported at the previous Work Session, Council gave staff direction
to proceed with Springsted’s format for their Highway 10 survey, and they will organize a small
task force to determine some ideas for the future of Highway 10. He stated the task force will
consist of two to three members from each of the commissions, including the Planning,
Economic Development, and Parks and Recreation Commissions, and participation has been
further expanded to include two students from the Edgewood Middle School, the School
Principal, and a representative from the Chamber of Commerce. He indicated there would be a
least two public meetings in this regard, and the Economic Development Coordinator and
Community Development Director would be in charge of organizing those meetings, and
coordinating them with Sprinsted. He advised that further information would be publicized as
soon as it is available.
Mounds View City Council April 10, 2000
Regular Meeting Page 4
Interim Administrator Ulrich stated in regard to the lighting options that were discussed at the
Work Session for Edgewood Drive, and possibly the pathway at the Theater, Council Member
Quick had suggested a shoebox-style type of lighting might be more desirable, in consideration
of the vandalism that is occurring to some of the City streetlights. He advised that Northern
States Power is responsible for all repair and maintenance of the streetlights, rather than the City,
and this might be a consideration, in terms of determining whether to install the decorative
lighting versus standard streetlight fixtures.
Mayor Co ughlin noted Northern States Power would be responsible for the repair and
maintenance of the lights for a period of 25 years.
Golf Course Superintendent Hammerschmidt reported that at the previous Golf Course
Committee meeting, a recommendation was made pertaining to the possible future expansion of
the golf course. He explained that if this expansion were to occur some point in the future, in
order to have a better concept of the project, it would be necessary to have an architect come in
and provide some preliminary designs. He stated he had recently spoken with an architect who
indicated he would be willing to assist with this, at which point he would be able to determine a
cost estimate, which would be charged to the golf course budget. He explained that they had
discussed a maximum amount of $5,000 to proceed with the architectural services, and he would
bring this recommendation forward to the Council at the April 17 Work Session, as part of the
future planning of the golf course.
City Attorney Long stated with regard to the Airport Legislation, if all goes according to plan, the
compromise language they have worked out with the Metropolitan Airport Commission and the
Metropolitan Council should be up for a vote in the House the following day. He stated it was
hoped that the amendment, which was authored by Representative Haake, would be added to a
Metropolitan agency’s Bill that has the support of the Metropolitan Council, and is expected to
be signed by the Governor, therefore, if it moves forward as planned, it is likely it will be passed.
He noted this was suppose to have taken place that date, however, due to some computer
problems that occurred that morning, the item was delayed, and hopefully by the following day,
they would have good news.
Mayor Coughlin stated he would be remiss if he did not include Senator Novak and
Representative Haake in continued thanks. He stated regardless of their busy schedules, they
have both been very accommodating with all of them throughout these many months. He
advised that as there is still pending litigation in regard to the airport issue, Item 10C of the
Council Agenda is a Closed Session in order to deal with some of the legal implications of these
negotiations, and this matter will be further discussed at that time.
No further reports were considered.
7. CONSENT AGENDA
A. Approve Just and Correct Claims.
B. Licenses for Approval.
C. Set a Public Hearing for 7:05 p.m., Monday April 24, 2000, to Consider
Resolution 5418, a Resolution Approving a Conditional Use Permit,
Mounds View City Council April 10, 2000
Regular Meeting Page 5
Development Review and Wetland Buffer Permit for the Messiah Lutheran
Church Facility Expansion.
D. Set a Public Hearing for 7:10 p.m., Monday, April 24, 2000, to Consider
Resolution 5423, a Resolution Contemplating a Conditional Use Permit for
an Over-sized Shed at 2159 Terrace Drive.
E. Set a Public Hearing for 7:15 p.m., Monday, April 24, 2000, to Consider
Resolution 5424, a Resolution Contemplating a Conditional Use Permit for
an Over-sized Shed at 8038 Long Lake Road.
F. Consider to Extend Wetland Hydrology Study by Peterson Environmental.
G. Resolution Changing City Polling Place to the Mounds View Community
Center-Givonna Reed.
H. Acceptance of Revisions to the Planning and Zoning Commission Bylaws.
Mayor Coughlin asked the Council if anyone would like to remove Items for discussion.
MOTION/SECOND: Quick/Marty. To Approve the Consent Agenda for Items A, B, C, D, E, F,
G, and H as presented.
Ayes – 5 Nays – 0 Motion carried.
8. UNFINISHED BUSINESS
Mayor Coughlin advised that Highway 10 safety and redevelopment issues continue to be
discussed.
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
There were no requests or comments from the floor.
10. COUNCIL BUSINESS
A. Consideration of Resolution No. 5430, Approving the Joint Powers
Agreement with Ramsey County for County Road I Construction Project.
Interim City Administrator Ulrich indicated that with the development that is occurring in the
Shoreview area, east of 35W, Ramsey County would be widening a portion of County Road I,
just south of Edgewood Middle School. He stated traffic signals would be installed at the off
ramp on the west side of 35W, and on the east side at the exit ramp. He indicated that along with
this project, Ramsey County would also be conducting some storm sewer work and
improvements of this nature in the area. He explained that since the original County Road I
reconstruction, the City has had problems with the storm sewer system that extends from
Pinewood, under County Road I, and empties out behind Pinewood Elementary School, and with
this project, the City would like to have this corrected.
Interim Administrator Ulrich indicated that when the plan originally came forward, according to
the cost participation program, the City’s amount was significantly higher than what staff had
desired to see, to the effect that the project was not constructed to an acceptable level at the time,
Mounds View City Council April 10, 2000
Regular Meeting Page 6
and resulted in problems for many years. He explained that rather than sign the plans, which
Ramsey County had wanted to forward immediately for MNDot review, staff worked on this a
bit and went from a projected cost of just over $60,000, to $6,700. He stated staff is significantly
more pleased with this amount.
.
MOTION/SECOND: Quick/Thomason. To Approve Resolution No.5430, a Resolution
Approving the Cooperative Agreement with Ramsey County for County Road I Construction
Project.
Ayes – 5 Nays – 0 Motion carried.
B. Consideration of Resolution No. 5432, Reclassification and Step Adjustment
for Engineering Technician.
Interim Administrator Ulrich stated at the April 3, 2000 Council Work Session, staff received
authorization to proceed with the reclassification of the Engineering Technician position. He
explained that the staff report had been compiled quite hastily, and staff had been involved in
discussing this matter with different people including Labor Relations, to attempt to have the
current Pay Equity Line and several other factors calculated into this formula. He pointed out
that as a result, at some point in the process, the new point value and the projected pay was not
included in the bar chart that staff received. He indicated that after realizing this, staff made a
slight adjustment to the pay scale to indicate the maximum pay at Step 5 would be $48,000,
versus the previously indicated $50,000.
Mayor Coughlin added that this item takes into consideration the fact that the City’s Engineering
Technician is also performing a variety of Information Systems work at City Hall, although to
this point, this has not been reflected in his job description.
Council Member Stigney inquired if the Engineering Technician was currently at the existing
Step classification, and this item represented a $3,000 wage increase adjustment.
Interim Administrator Ulrich stated this was correct.
MOTION/SECOND: Quick/Marty. To Approve Resolution No. 5432, a Resolution Approving
the Reclassification and Step Adjustment for the Engineering Tech.
Ayes – 5 Nays – 0 Motion carried.
With the consent of the Council, Mayor Coughlin recessed the Council Meeting to the Economic
Development Authority meeting at 7:21 p.m.
Following adjournment of the Economic Development Authority meeting, Mayor Coughlin
announced that the Council would now meet in Closed Session to discuss ongoing Airport
Litigation.
C. CLOSED SESSION: Update on Airport Litigation.
Mounds View City Council April 10, 2000
Regular Meeting Page 7
11. Next Council Work Session: Monday, May 1, 2000 – 6:00 P.M.
Next Council Meeting: Monday, April 24, 2000 – 7:00 P.M.
12. ADJOURNMENT
Mayor Coughlin adjourned the meeting at _____ p.m.
(Joan, please fill in the time of adjournment)
Transcribed and recorded by:
Trish Pearson
TimeSaver Off Site Secretarial, Inc.
RESOLUTION NO. 5436
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE GOLF COURSE MANAGER TO
UNDERTAKE A FEASIBILITY STUDY FOR THE EXPANSION OF THE
BRIDGES GOLF COURSE.
WHEREAS, the City of Mounds View recognizes that the opportunities for family and
youth golf is limited at the Bridges Golf Course because of the tremendous demand and
the resulting full capacity.
WHEREAS, an expansion of the Bridges Golf Course would be intended for more youth
and family opportunities, while at the same time remaining profitable.
WHEREAS, the City Council recognizes that the Bridges Golf Course has the most
comprehensive and one of the largest youth training programs for golf in Minnesota, and
that the intent of the expansion of these programs demonstrates to other agencies who
might assist the City with these plans, our commitment to youth golf.
WHEREAS, the City Council realizes that an expansion of golf operations not only
would increase opportunities for youth programs and family golf, but could also help
with the current cash flow at The Bridges Golf Course.
NOW, THEREFORE, BE IT RESOLVED that the City Council directs the Golf
Course Manager to undertake a feasibility study, so that reasonable financial estimates
and other crucial data can be gathered, to determine the economic feasibility of
expanding the golf course operations.
DATE: April 19, 2000 Item No. 7D
TO: Mayor and Council Members
FROM: Terri Blattenbauer
YMCA Program Executive
RE: Purchase of Fitness equipment
At the work session on Monday, April 17, I made a request to the Council on behalf of
the Park & Recreation Commission. The request was for 4 pieces of cardiovascular
equipment and one multi-use strength station. This would be paid by Park dedication
funds.
We are prepared to proceed with the council’s final approval.
Item No 10 A
Meeting Date: April 24, 2000
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, Planner
Item Title/Subject: Public Hearing and Consideration of a Conditional
Use Permit, Development Review and Wetland
Buffer Permit for the Messiah Lutheran Church
Facility Expansion
Date of Report: April 20, 2000
Background:
Messiah Lutheran Church has requested city approval of a conditional use permit,
development review and wetland buffer permit to allow for an expansion of their
facility. The subject property is zoned R-1, which allows churches as a conditional
use. Currently, Messiah does not have a conditional use permit. The development
review is necessary according to Section 1006.06 of the City Code, which requires
that the Planning Commission and City Council review any development,
redevelopment or expansion of existing facilities. The buffer permit is necessary to
conform to Section 1010.08, which requires that any activity occurring within 100
feet of a wetland be reviewed so as to protect, preserve and enhance the City’s
natural wetland areas.
The church proposes to expand their facility in two phases. The first phase of the
proposed expansion will involve two building additions totaling 5,220 square feet
and a partial parking lot removal and replacement. The west single-story addition
will add office space and a meeting room while the two-story addition on the east
side will add a more spacious lobby and gathering area, more classroom space, a
larger mechanical room, an elevator and restrooms. The second phase of the
proposed expansion will involve more ambitious building additions, which would
serve as an expanded worship area and classroom space. The construction of the
second phase, which is proposed in three to five years, would add approximately
27,505 square feet to the building. The expanded building areas would match the
architecture and design of the existing brick building. The applicant is seeking
approval of only the first phase of development at this time.
Development Review Discussion:
Dimensional and Zoning Requirements:
All of the dimensional requirements pertaining to this development--the building and
parking lot setbacks, parking requirements, minimum lot size and other zoning-
related dimensional criteria are satisfied with this proposal as they pertain to the first
phase of the proposed expansion. Table 1 on the following page lists the specific
dimensional requirements as they apply to the Messiah expansion.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 2
Table 1. Required Proposed Met?
Lot Area 1 acre 6.1 acres Met
Front Setback (Knollwood Dr.) 35 feet 35 feet Met Front Setback (County Rd. H2) 35 feet 63 feet Met
Sideyard Setbacks 30 feet 200+ feet Met Parking lot Setback (east) 30 feet 40 feet Met
Parking lot Setback (west) 5 feet 30 feet Met Parking lot Setback (north) 5 feet 33 feet Met
Parking lot Setback (south) 30 feet 30 feet Met Parking stalls (1:4): 75 stalls 176 stalls Met
Parking:
Currently, there are 165 parking stalls available, excluding the overflow parking
available across the street. After the first phase of construction, 188 stalls will be
available. The construction of the second phase will reduce the available parking to
176 stalls. The church, under existing conditions, significantly exceeds the City’s
parking requirements, based on a current maximum seating capacity of 300. Seven
handicap accessible stalls are shown on the plans, which would comply with
Americans With Disabilities Act (ADA) standards and requirements. At final build-
out, it is projected that the seating capacity would increase to 600, which would
require provision of 150 stalls.
Landscaping:
The City Forester has reviewed the submitted landscape plan to ensure compatibility
with Mounds View soils and climate and recommended specific changes. The
applicant has revised the landscape plans accordingly. The Planning Commission
reviewed the revised landscape plans and determined that the landscaping proposed
was adequate and satisfactory.
Lighting:
While the submitted photometric analysis of the site meets the Code requirements,
staff is concerned about the amount of light and the height (30 feet) of the parking
lot light standards. The lighting contractor has been contacted and was asked to
consider reducing the height of the parking lot light poles and changing the bulb
wattage from 400 to something less intensive. The primary basis for the requested
changes is the desire to maintain as much a “residential feel” to the project while
minimizing the “glow” emanating form the property.
Accessory Structures:
A 400 square-foot accessory building is shown on the site plan near the volleyball
court. Because accessory buildings in excess of 216 square feet require a
conditional use permit in an R-1 zoning district, express allowance for the structure
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 3
is included in the resolution of approval.
Fire Marshal:
The Fire Marshal for the City of Mounds View has reviewed the site plans and finds
the drive aisles and circulatory routes to be adequate and conforming to Fire
Department standards. A fire Hydrant has been added to the site plan on the south
side of County Road H2 to service the building as requested by the Fire Marshal.
Demolition:
Two residential properties--7225 Knollwood Drive and 2824 County Road H2--
currently improved with single-family dwellings and detached garages adjoin the
present Messiah Church site. These two properties are owned by the Church and
will be cleared to make room for the expansion. Permits will need to be obtained for
their demolition or removal from the properties.
Drainage and Utility:
The City’s engineer has reviewed the grading and drainage plans and drainage
calculations which were found to be acceptable based upon the extent of the
pervious and impervious surface on the site. The sizing of the pond and all drainage
calculations are based on full build-out of the plans. The applicant has submitted
grading and drainage plans to Rice Creek Watershed District. Their approval is
required before the City can issue building permits for the project.
CUP Discussion:
Messiah Lutheran Church has been serving Mounds View and the surrounding
communities for nearly 60 years. The first church building was a small wood-framed
structure built in 1941, which was replaced by the structure at 2900 County Road H2
in 1951. That building served the congregation until the existing building was
constructed in 1961. The requested expansion is evidence of a vibrant and growing
congregation, which will continue to serve the needs of Mounds View residents many
years into the future.
According to Section 1125.01 of the City Code, for the City Council to approve this or
any conditional use permit, it shall consider the advise and recommendations of the
Planning Commission and the effect of the proposed use on the Comprehensive Plan
and upon the health, safety and general welfare of occupants of surrounding lands.
The Planning Commission has recommended approval of this request, subject to
stipulations. As for the effects and anticipated impacts of the proposed use, it should
be noted that the use itself is not proposed, but rather existing. To staff’s knowledge,
the Church has been a good neighbor, causing little or no disruption or problems
within the neighborhood. The expansion of the church, however, does raise issues
with regard to screening and neighborhood impact which the Council will need to
consider in its review of this request.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 4
General CUP Requirements:
Section 1125.01, Subd. 3b outlines the general conditional use permit requirements
that must be satisfied in order for approval to be granted. These requirements with responses are as follows:
(1) The use will not create an excessive burden on existing parks, schools, streets
and other public facilities and utilities which serve or are proposed to serve the area.
It is not anticipated that the use and proposed expansion creates or would
create an excessive burden on parks, schools and other public utilities. It is
however anticipated that future expansions of the facility will result in added
traffic volume to the City’s street system, an impact which will require careful
review prior to construction of the second phase.
(2) The use will be sufficiently compatible or separated by distance or screening
from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
The Church property is bordered to the north by County Road H2 and to the
west by Knollwood Drive. To the east and south, the property abuts single-family residential homes. While the Church has existed at this location for
almost 60 years without problem or complaint, the extent of the expansion and removal of trees and church-owned homes may result in screening issues
for the adjacent property owners. The Church has submitted a landscape plan which addresses these issues and will work with the neighbors to resolve
any future screening issues. It is not believed that the expansion of the church facility would adversely affect adjoining property values.
(3) The structure and site shall have an appearance that will not have an adverse
effect upon adjacent residential properties.
The existing Church fits well into this neighborhood and the proposed first phase expansion of the church building should not negatively impact the area.
The existing facility is well-maintained with a pleasant design and appearance. It is thought that with the proposed landscaping, the planned expansion could
be a positive addition to the community, especially as the landscaping matures.
(4) The use, in the opinion of the City Council, is reasonably related to the overall
needs of the City and to the existing land use.
The fact that the Church has existed in this location for almost 60 years with a consistent and growing congregation is proof alone that the use satisfies a
community need. Its expansion is a direct result of the Church’s growing congregation and its desire to be more responsive to its membership.
(5) The use is consistent with the purposes of the Zoning Code and the purposes
of the zoning district in which the applicant intends to locate the proposed use.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 5
Churches and other institutional uses are conditionally permitted within the R-1, Single-family residential district.
(6) The use is not in conflict with the Comprehensive Plan of the City.
The Comprehensive Plan designates this site—including the two residential lots--as Institutional, appropriate for this type of use.
(7) The use will not cause traffic hazards or congestion.
Staff is unaware of any significant congestion problems or hazards on either
Knollwood Drive or County Road H2 as a result of the Church’s services. It is
not expected that the first phase of the expansion would add much if any
volume to either street. Also, the times during which the Church would have
its greatest impact upon the street is also a period of relatively low traffic
counts. Given these facts, it is not anticipated that the proposed first phase
of construction would cause traffic hazards or congestion.
Specific CUP Requirements:
Section 1106.04 of the Zoning Code addresses conditionally permitted uses within the
R-1 zoning district. Subdivision 1 of this Section addresses the specific CUP
requirements for Churches, which are as follows, listed with responses relating to the
present facility and proposed expansion, as appropriate:
a. Front yard depths shall be a minimum of thirty-five feet (35').
The existing front yard setbacks for the Church are 35 feet facing Knollwood
Drive and 63 feet facing County Road H2. Phase One of the proposed
expansion will not change the existing setback.
b. Side yards shall be no less than thirty feet (30').
The sideyard building setbacks for the Church exceed 200 feet. This
requirement is met, before and after the expansion.
c. Minimum lot area shall be no less than one (1) acre, or as provided in Section
1104.02, subdivision 2b(3). (Ord. 590, 11-25-96)
The property the Church occupies comprises 6.1 acres, of which approximately five acres considered developable. This requirement is met.
d. Adequate screening from abutting residential uses and landscaping is provided
in compliance with Section 1103.08 of this Title.
The Church has submitted and landscape plan which addresses screening issues, an element of which consists of a four to five foot tall row of evergreen
arbor vitaes along the property’s northeast border, between the proposed
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 6
driveway and the home at 2816 County Road H2. The use itself blends into
the neighborhood as well as a facility of this nature and size can. Where possible, every effort will be made to retain existing significant trees on the
site.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 7
e. Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is adequately screened and
landscaped from surrounding and abutting residential uses in compliance with Section 1103.08 of this Title.
Adequate parking in excess of what the City Code requires is provided on the
site, both before and after the second phase of construction. The applicant
has indicated a willingness to work with adjacent neighbors to resolve any
inadequacies with regard to landscaping and screening, and may provide for
landscaping above and beyond that which is proposed in the submitted plan.
f. Adequate off street loading and service entrances are provided and regulated where applicable by Chapter 1122 of this Title.
This requirement does not apply to the Messiah Church facility.
g. The provisions of Section 1125.01, subdivision 1e of this Title are considered and
satisfactorily met. (Ord. 590, 11-25-96)
These provisions refer to the adverse effects criteria that the Planning Commission addressed in their review of this proposal. They are presented
herein as follows:
Adverse Affects Criteria:
Section 1125.01, Subd. 1e of the City Code requires that the Planning and Zoning Commission consider possible adverse affects of the proposed use, or in this case,
the existing use and expansion thereof. The following is the list of factors to be considered, along with the Planning Commission’s response:
(1) Relationship to Municipal Comprehensive Plan.
(2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed.
(4) The character of the surrounding area. (5) The demonstrated need for such use.
It is believed that the impacts of this use and expansion thereto are potentially
minimal, considering its 60-year history and absence of incidents or complaints. The Comprehensive Plan allows for a church at this location and the Zoning Code
conditionally permits such a use with greater than typical setbacks. Save for a small commercial building at the southeast corner of Silver Lake Road and County Road
H2, the church is the only non-residential use in this area of the City. Most of the homes are single-family dwellings situated on larger lots although there are some
twin homes located just north of the church on both Knollwood Drive and County Road H2. Other than a loss of tree cover on the site, which would be partially
replaced, it is not believed that Messiah’s expansion would depreciate the neighborhood. The need for the Church is clearly demonstrated by its 60-year
presence and healthy congregation.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 8
Wetland Buffer:
While the building expansion itself will not fall within the 100-foot wetland buffer
setback, the parking lot expansion and proposed stormwater holding pond do
encroach into the buffer area. As a result, Messiah has applied for a wetland buffer
permit. Rice Creek Watershed District is also reviewing the applicant’s plans and
has administratively authorized approval of the project subject to conditions which
should be met once the Church has entered into an agreement with an appropriate
building contractor. Approval of Messiah’s conditional use permit, development
review and wetland buffer permit will be subject to Rice Creek Watershed permit
approval.
Planning Commission Action:
The Planning Commission reviewed this request at three meetings—March 15, April
5 and April 19, 2000. In total, hours of discussions took place during which every
aspect of the development was studied and addressed. At each of the meetings,
public testimony and comment was asked for and received, while other residents
expressed their interest and concerns in phone conversations with staff. Three
issues were of particular concern to the residents expressing an opinion regarding
the expansion: encroachment & screening, tree loss, and lighting.
Encroachment: To facilitate the proposed expansion of the Church, two single-
family homes would be removed. These homes were purchased by the Church with
the forethought and intention of using the land for such an expansion. Since being
purchased by the Church, the homes have been rented to families in need. There
have been problems in the recent past with these properties and the families living
within them such that their removal is seen as a benefit by the neighbors. The
trade-off, however, is that property owners at 7215 Knollwood and 2816 County
Road H2 would neighbor the expanded church rather than another home. These
owners, as well as others in the area, have expressed a desire that suitable
screening and landscaping be provided to minimize the impact of the expansion.
The Planning Commission accepted the landscape plan submitted by the Church, yet
commented that additional landscaping would be advantageous for all parties. The
Church has agreed to meet with residents in an effort to resolve any other issues
regarding landscaping and screening.
Tree Loss: Every resident commenting about the proposal expressed concern with
regard to the extent of the tree loss on the site and the dramatic change to the area
as a result. The City does not have a tree replacement policy or any explicit
landscaping guidelines; each landscape plan is reviewed on a case-by-case basis.
Excluding the dwarf japgarden shrubs, as many as 90 trees will be planted to
replace those to be removed. While it may take a few years for the trees to achieve
significant coverage on the site, staff and the Planning Commission believes the
landscape plan provided by the Church satisfies the Cities landscaping requirements.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 9
Lighting: There was a concern raised at the last meeting regarding the proposed
parking lot lighting. As stated earlier in this report, the photometric analysis meets
City Code requirements with regard to light containment at the property lines, yet
the relative height of the light standards and intensity of the bulbs will in effect
create an unintentional radiance of light that will be visible to the neighborhood, an
effect similar to lights from a distant city illuminating the night sky. Staff agrees
that the thirty-foot tall light standards are not appropriate for such a residentially
dominated area. (In comparison, neighbors adjacent to the Wynnsong Theater on
Highway 10 successfully lobbied to have the light poles nearest county Road H2
limited to 20 feet in height.)
On April 19, 2000, the Planning Commission, taking all these issues into
consideration, approved Resolution 611-00, a resolution which recommends to the
City Council approval of the conditional use permit, development review and wetland
buffer request, subject to the following stipulations:
1. The design and character of the expanded areas shall match and/or
complement the existing architecture of the Church.
2. Express allowance for a 400 square-foot accessory building as shown on the
landscape plan date stamped April 5, 2000 shall be granted in conjunction
with this resolution of approval.
3. The site plans to be reviewed by the City Council shall be revised to indicate
shorter parking lot light standards (25 feet or less) and bulbs with lesser
intensity lumens.
4. The site plans to be reviewed by the City Council shall be revised to indicate
those areas to be used for snow storage.
5. The applicant shall guarantee all landscape plantings to be living for a period
of two years and shall replace any plantings deemed dead or dying by the
City Forester within thirty days receipt of written notification.
6. Approval shall be subject to the applicant being granted a Rice Creek
Watershed Permit. No City permits will be issued without evidence of a Rice
Creek Watershed Permit.
7. The applicant or its designee shall be responsible for obtaining City demolition
or building relocation permits for the homes located at 7225 Knollwood Drive
and 2824 County Road H2.
8. The wetland and the stormwater drainage pond shall be protected by a
perpetual public easement per Rice Creek Watershed District requirements.
9. The applicant shall make arrangements with Ramsey County to have Lots 4
and 19 of Knollwood Park combined and joined with the Church property to
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 10
make one lot for purposes of zoning and building code compliance.
10. The applicant shall be responsible for recording the City Council resolution of
approval with Ramsey County within 60 days of final approval.
These stipulations have been modified as appropriate and are included within the
City Council resolution of approval.
Recommendation:
Given the Planning Commission’s recommendation of approval, public testimony,
consistency with the Zoning Code and Comprehensive Plan, staff recommends that
the City Council approve Resolution 5418, a resolution approving (1) a development
review, (2) conditional use permit, and (3) a wetland buffer permit for the proposed
Messiah Lutheran Church expansion consistent with plans date-stamped April 19,
2000, with stipulations.
_____________________________________
James Ericson, Planner
Attachments:
1. Planning Application
2. Zoning Map
3. Location Map
4. Wetland Map
5. Site Plans, date-stamped 4-20-00
6. Rice Creek Watershed District Notice of Permit Application Status, dated 2-24-00
7. Letter from David Rudnik, 7191 Knollwood Drive, dated 3-21-00
8. Planning Commission Resolution 611-00
9. City Council Resolution 5418
F:\DATA\GROUPS\COMDEV\DEVCASES\Cu00-001\CC Messiah Report - April 24, 2000.doc
Zoning Map
Messiah Lutheran Church
Wetland Map
Messiah Lutheran Church
PLANNING COMMISSION RESOLUTION NO. 611-00
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT,
DEVELOPMENT REVIEW AND WETLAND BUFFER PERMIT REQUEST
FOR MESSIAH LUTHERAN CHURCH, LOCATED AT 2848 COUNTY ROAD H2; PLANNING CASES
CU00-001, DE00-001 AND WB00-001
WHEREAS, Messiah Lutheran Church has applied for a conditional use permit, development review and
wetland buffer permit to expand their Church facility located at 2848 County Road H2; and,
WHEREAS, the subject property is zoned R-1, Single Family Residential, is designated as an institutional
use on the Comprehensive Plan and is legally described as follows:
Lots 4, 5, 6, 7, 8, 19, 20, 28 and 29
Knollwood Park,
County of Ramsey
WHEREAS, according to Section 1006.06 of the Mounds View Municipal Code, any new construction or
expansion of existing facilities requires the approval of a development review; and,
WHEREAS, according to Section 1106.04 of the Mounds View Zoning Code, churches and other
institutional-type uses require a conditional use permit to operate within the R-1 zoning district; and,
WHEREAS, according to Section 1010.08, any development occurring within 100 feet of a wetland
requires a wetland buffer permit; and,
WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this
proposal:
a. Planning Application
b. Zoning Map
c. Location Map
d. Site Plans, date-stamped March 10, 2000
e. Grading and Drainage Plans, date-stamped March 10, 2000
f. Landscape Plan, date-stamped April 5, 2000
g. Staff Report
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 13
WHEREAS, the dimensional requirements associated with the proposed Messiah Lutheran Church facility
expansion are all met; and,
WHEREAS, the site plans date-stamped March 10, 2000 indicate that the first phase of expansion will
increase the area of the existing Church by approximately 5,220 square feet; and,
WHEREAS, there are 165 parking stalls presently available on the site; after the first phase of construction
there will be 187 spaces available which will exceed the minimum number of stalls required to be provided for 300
seats; and,
WHEREAS, the Director of Public Works has reviewed the site, grading, utility and drainage plans and
finds them to be acceptable and consistent with City standards; and,
WHEREAS, the City Forester has reviewed and approved the proposed Landscape Plans; and,
WHEREAS, the Mounds View Fire Marshal has reviewed the site and utility plans and finds them to be
consistent with applicable fire codes and fire department standards; and,
WHEREAS, Rice Creek Watershed District is reviewing the proposed grading and drainage plans and is
expected to approve them pending payment of a cash surety and approval of a NPDES (National Pollutant Discharge
Elimination System) Permit; and,
WHEREAS, The Mounds View City Council has considered the specific criteria for Churches and other
institutional use facilities as they appear in Section 1106.04, Subdivision 1 and finds that they are met; and,
WHEREAS, the Mounds View Planning Commission has considered the provisions from Section
1125.01(1)e of the Zoning Code regarding possible adverse effects of the proposed use and makes the following
findings:
(1) Relationship to Municipal Comprehensive Plan.
(2) The geographical area involved.
(3) Whether such use will tend to or actually depreciate the area in which it is proposed.
(4) The character of the surrounding area.
(5) The demonstrated need for such use.
The Comprehensive Plan designates this site as “Institutional”, which is consistent with the R-1 zoning of this site.
Messiah Lutheran Church, which has existed at this location for almost 60 years, provides a desired service to the
residents of the City and neighboring communities. The property is bordered by public streets on its north and west
boundaries and bordered by low density residential on its east and south sides. Other than extending the Church’s
presence one lot to the east and to the south, the proposed expansion would be in keeping with the existing design
and architecture and would not detract from the character of the surrounding area.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 14
NOW THEREFORE BE IT RESOLVED that the Mounds View Planning Commission, based upon the
above-referenced findings, staff review, outside agency review and public testimony, recommends approval of the
(1) conditional use permit, (2) development review and (3) wetland buffer permit for the operation and expansion of
the Messiah Lutheran Church located at 2848 County Road H2, with the following stipulations:
1. The design and character of the expanded areas shall match and/or complement the existing architecture of
the Church.
2. Specific allowance for a 400 square-foot accessory building as shown on the
landscape plan date stamped April 5, 2000 shall be granted in conjunction with this
resolution of approval.
3. The site plans to be reviewed by the City Council shall be revised to indicate shorter parking lot light
standards (25 feet or less) and bulbs with lesser intensity lumens.
4. The site plans to be reviewed by the City Council shall be revised to indicate those
areas to be used for snow storage.
5. The applicant shall guarantee all landscape plantings to be living for a period of
two years. The applicant shall replace any plantings deemed dead or dying by the City
Forester within thirty days receipt of written notification.
6. Approval shall be subject to the applicant being granted a Rice Creek Watershed
Permit. No City permits will be issued without evidence of a Rice Creek Watershed
Permit.
7. The applicant or its designee shall be responsible for obtaining City demolition or
building relocation permits for the homes located at 7225 Knollwood Drive and 2824
County Road H2.
8. The wetland and the stormwater drainage pond shall be protected by a perpetual
public easement per Rice Creek Watershed District requirements.
9. The applicant shall make arrangements with Ramsey County to have Lots 4 and
19 of Knollwood Park combined and joined with the Church property to make one lot for
purposes of zoning and building code compliance.
10. The applicant shall be responsible for recording the City Council resolution of approval with Ramsey
County within 60 days of final approval.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this
resolution to the City Council prior to approval of the minutes.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 15
Adopted this 19th day of April.
_________________________________
Jerry Peterson, Chairperson
ATTEST:
_________________________________
Rick Jopke, Community Development Director
(SEAL)
H:\DATA\GROUPS\COMDEV\DEVCASES\CU00-001\PC RESOLUTION 611-00.DOC
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 16
RESOLUTION NO. 5418
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, DEVELOPMENT REVIEW AND
WETLAND BUFFER PERMIT REQUEST FOR MESSIAH LUTHERAN CHURCH, LOCATED AT 2848
COUNTY ROAD H2;
PLANNING CASES CU00-001, DE00-001 AND WB00-001
WHEREAS, Messiah Lutheran Church has applied for a conditional use permit, development review and
wetland buffer permit to expand their Church facility located at 2848 County Road H2; and,
WHEREAS, the subject property is zoned R-1, Single Family Residential, is designated as an institutional
use on the Comprehensive Plan and is legally described as follows:
Lots 4, 5, 6, 7, 8, 19, 20, 28 and 29
Knollwood Park,
County of Ramsey
WHEREAS, according to Section 1006.06 of the Mounds View Municipal Code, any new construction or
expansion of existing facilities requires the approval of a development review; and,
WHEREAS, according to Section 1106.04 of the Mounds View Zoning Code, churches and other
institutional-type uses require a conditional use permit to operate within the R-1 zoning district; and,
WHEREAS, according to Section 1010.08, any development occurring within 100 feet of a wetland
requires a wetland buffer permit; and,
WHEREAS, the Mounds View City Council has reviewed the following documents regarding this
proposal:
a. Planning Application
b. Zoning Map
g. Location Map
h. Wetland Map
i. Site Plans, date-stamped April 19, 2000
j. Grading and Drainage Plans, date-stamped April 19, 2000
k. Landscape Plan, date-stamped April 19, 2000
l. Staff Report
m. Letter from David Rudnik, 7191 Knollwood Drive, dated March 21, 2000
n. Planning Commission Resolution 611-00
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 17
WHEREAS, the dimensional requirements associated with the proposed Messiah Lutheran Church facility
expansion are all met; and,
WHEREAS, the site plans date-stamped April 19, 2000 indicate that the first phase of expansion will
increase the area of the existing Church by approximately 5,220 square feet; and,
WHEREAS, there are 165 parking stalls presently available on the site; after the first phase of construction
there will be 187 spaces available which will exceed the minimum number of stalls required to be provided for 300
seats; and,
WHEREAS, the Director of Public Works has reviewed the site, grading, utility and drainage plans and
finds them to be acceptable and consistent with City standards; and,
WHEREAS, the City Forester has approved the proposed Landscape Plans; and,
WHEREAS, the Mounds View Fire Marshal has reviewed the site and utility plans and finds them to be
consistent with applicable fire codes and fire department standards; and,
WHEREAS, Rice Creek Watershed District is reviewing the proposed grading and drainage plans and has
approved them pending payment of a cash surety and approval of a NPDES (National Pollutant Discharge
Elimination System) Permit; and,
WHEREAS, the site plans indicate that the parking lot will be located approximately 100 feet from the
wetland, separated by the proposed stormwater holding pond, the grading for which will occur within 10 feet of the
wetland; and,
WHEREAS, The Mounds View City Council has considered the specific criteria for Churches and other
institutional use facilities as they appear in Section 1106.04, Subdivision 1, and finds that they are met; and,
WHEREAS, the Mounds View City Council has considered the recommendation of the Planning
Commission and their findings regarding Section 1125.01(1)e of the Zoning Code pertaining to the possible adverse
effects of the proposed use , which are as follows:
(1) Relationship to Municipal Comprehensive Plan.
(2) The geographical area involved.
(3) Whether such use will tend to or actually depreciate the area in which it is proposed.
(4) The character of the surrounding area.
(5) The demonstrated need for such use.
The Comprehensive Plan designates this site as “Institutional”, which is consistent with the R-1 zoning of this site.
Messiah Lutheran Church, which has existed at this location for almost 60 years, provides a desired service to the
residents of the City and neighboring communities. The property is bordered by public streets on its north and west
boundaries and bordered by low density residential on its east and south sides. Other than extending the Church’s
presence one lot to the east and to the south, the proposed expansion would be in keeping with the existing design
and architecture and would not detract from the character of the surrounding area.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 18
NOW THEREFORE BE IT RESOLVED that the Mounds View City Council approves the development
review for the expansion of the Messiah Lutheran Church located at 2848 County Road H2, with the following
stipulations:
1. The design and character of the expanded areas shall match and/or complement the existing architecture of
the Church.
2. The lighting plan shall be revised to indicate shorter parking lot light standards (25 feet or less).
3. The site plans shall be revised to indicate those areas to be used for snow storage.
4. The applicant shall guarantee all landscape plantings to be living for a period of
two years. The applicant shall replace any plantings deemed dead or dying by the City
Forester within thirty days receipt of written notification.
5. Approval shall be subject to the applicant being granted a Rice Creek Watershed
Permit. No City permits will be issued without evidence of a Rice Creek Watershed
Permit.
6. The applicant or its designee shall be responsible for obtaining City demolition or
building relocation permits for the homes located at 7225 Knollwood Drive and 2824
County Road H2.
7. The applicant shall make arrangements with Ramsey County to have Lots 4 and
19 of Knollwood Park combined and joined with the Church property to make one lot for
purposes of zoning and building code compliance.
NOW THEREFORE BE IT FURTHER RESOLVED that the Mounds View City
Council approves the conditional use permit for the operation and expansion of the Messiah
Lutheran Church located at 2848 County Road H2, with the following stipulations:
1. Express allowance for a 400 square-foot accessory building as shown on the site
plans date stamped April 19, 2000, shall be granted in conjunction with this resolution of
approval.
2. Any future expansions, additions or changes to the facility shall require City review and reapproval of the
conditional use permit.
3. Any future and subsequent property acquisitions by Messiah Lutheran Church shall necessitate a
Comprehensive Plan amendment, if such properties are to be utilized for anything other than the designated
single-family residential purpose.
Messiah Lutheran Church Expansion
Staff Report
April 20, 2000
Page 19
NOW THEREFORE BE IT FURTHER RESOLVED that the Mounds View City
Council approves the wetland buffer permit to locate a stormwater holding pond within ten feet
of the delineated wetland on the Messiah Lutheran Church site located at 2848 County Road H2,
with the following stipulations:
1. The applicant shall provide the City with a copy of the perpetual public ponding
and drainage easement encompassing the onsite stormwater pond and delineated wetland,
dedicated per Rice Creek Watershed District requirements.
2. No development activities shall encroach within or disturb the delineated wetland.
3. Proper and effective erosion control measures shall be installed and remain functional throughout the
construction period and remain in place until such time that all disturbed areas have been resodded,
landscaped or are supportive of natural vegetative regrowth.
4. Approval shall be subject to the applicant being granted a Rice Creek Watershed
Permit. No City permits will be issued without evidence of a Rice Creek Watershed
Permit.
NOW THEREFORE BE IT FINALLY RESOLVED that the applicant shall be responsible for recording
this City Council resolution of approval with Ramsey County within 60 days of final approval or the development
review, conditional use permit and wetland buffer permit approvals shall rendered be null and void.
Adopted this 24th day of April.
_________________________________
Dan Coughlin, Mayor
ATTEST:
_________________________________
Michael Ulrich, Acting City Clerk / Administrator
(SEAL)
J:\DATA\GROUPS\COMDEV\DEVCASES\CU00-001\CC RESOLUTION 5418.DOC
Item No 10 B
Meeting Date: April 24, 2000
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, Planner
Item Title/Subject: Public Hearing and Consideration of Resolution 5423, a
Resolution Approving a Conditional Use Permit for an
Over-sized Shed at 2159 Terrace Drive
Date of Report: April 19, 2000
Background:
The applicant, Robert Kleinschmidt, is requesting approval of a conditional use permit to
allow for the construction of a 256 square-foot oversized shed in the backyard of his
property located at 2159 Terrace Drive. The property is located in the northeast section
of the City, a block from the City’s eastern municipal border. The 13,125 square-foot,
well maintained lot is improved with a typical 1 ½ story home and two car garage. There
is a small wood-framed shed in the backyard that would be removed upon completion of
the proposed larger shed. There is an 8-foot tall privacy fence along the back side of the
property.
Discussion:
Section 1106.4, Subdivision 7, lists the specific conditional use permit requirements for
accessory storage buildings in excess of 216 square feet. These requirements, such as
setbacks and maximum square-footage are met with this proposal. The setbacks for an
accessory structure are five feet; the applicant is proposing to locate the shed
approximately 10 feet from the property line. The area of the proposed shed would be
256 square feet, which is less than the maximum allowed 400 square feet. The area of
the proposed shed plus the area of the existing 720 square-foot garage amount to 976
square feet, which represents a 13 percent back yard coverage, well below the maximum
20 percent coverage threshold.
General Conditional Use Permit Criteria:
Section 1125.01, Subdivision3b, outlines the general conditional use permit requirements that must be satisfied in order for approval to be granted. These requirements with responses are as follows:
(1) The use will not create an excessive burden on existing parks, schools, streets and other public
facilities and utilities which serve or are proposed to serve the area.
It is not anticipated that the shed would create any burden on parks, schools and other public
utilities.
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 2
(2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The shed will be located in the backyard of the property behind the house. Along the back property line, there is an 8-foot tall privacy fence, but no fencing to separate either of the properties adjacent to the east and west of 2159 Terrace Drive. Both properties would have an unobstructed view of the proposed shed from the respective rear yards. Staff performed an on-site inspection of the property on March 29, 2000, and observed that the garage on the subject property and the garage on the adjacent property to the east would, in effect, provide for adequate screening. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The proposed shed will replace an existing shed and will not be of a size that would be disproportionate for the property or out of scale in relation to the neighborhood. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The City encourages property owners to maintain their properties in a neat and orderly manner, and has adopted nuisance codes that relate to outdoor storage. Sheds are common residential fixtures and allow for a property owner to store items inside within an enclosed structure rather than being kept outside. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The proposed shed would be consistent with the City Code and the spirit and intent of the R-1, Single Family zoning district. (6) The use is not in conflict with the Comprehensive Plan of the City. The Comprehensive Plan designates this area as low density residential, appropriate for this type of accessory use. (7) The use will not cause traffic hazards or congestion.
It is not believed that the addition of the proposed shed to the rear yard of 2159 Terrace Drive
would cause any traffic hazards or congestion.
It appears that all of the general conditional use permit requirements are met with this
proposal.
Planning Commission Action:
According to the City Code, the Planning Commission is to consider the possible adverse
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 3
effects of the proposed conditional use in its recommendation to the Council. The
findings of the Planning Commission shall be based upon, but not limited to, the following
factors:
• Relationship with the Comprehensive Plan.
• The Geographical Area Involved
• Whether such use will tend to or actually depreciate the area in which it is proposed.
• The Character of the Surrounding Area
• The demonstrated need for such a use.
The Planning Commission acknowledges that the Comprehensive Plan encourages the
development and maintenance of residential areas so as to improve the quality,
appearance and attractiveness of housing units and residential property in general. The
Comprehensive Plan designates this property, 2159 Terrace Drive, low-density
residential. Almost every lot in this area of Mounds View is the same size as the subject
property. Most of the homes in the area are of the same design with either single and
double-stall garages, many of which properties also have sheds in addition to their
garages. The existing shed on the subject property is only 80 square feet and is too
small to be of significant use to the applicant. The Planning Commission believes that
the construction of the proposed 256 square-foot shed would fit with the general
character of the neighborhood and would not depreciate the neighborhood in any way.
Based upon their assessment of the adverse effects criteria, consistency with the Zoning
Code and Comprehensive Plan, the Planning Commission approved Resolution 614-00, a
resolution which recommends to the City Council approval of the conditional use permit
request.
Recommendation:
Based on the information presented herein, consistency with the City Code and the
Comprehensive Plan, staff and the Planning Commission recommend approval of this
conditional use permit to allow for the construction of a 256 square-foot over-sized shed
in the rear yard of 2159 Terrace Drive, with stipulations as noted in Resolution 5423.
_____________________________________
James Ericson, Planner
Attachments:
1. Planning Application
2. Zoning Map
3. Location Map
4. Site Plan
5. Photographic Documentation
6. Planning Commission Resolution 614-00
7. Resolution 5423
Q:\DATA\GROUPS\COMDEV\DEVCASES\CU00-002\Kleinschmidt CC Report - April 24, 2000.doc
Zoning Map
2159 Terrace Drive
Planning Case CU00-002
Photographic Documentation
2159 Terrace Drive
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 7
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 614-00
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO
ALLOW FOR A 256 SQUARE-FOOT OVERSIZED SHED AT 2159 TERRACE DRIVE,
MOUNDS VIEW PLANNING CASE NO. CU00-002
WHEREAS, Robert Kleinschmidt has applied for a conditional use permit to construct a 256
square-foot shed in the back yard of his property located at 2159 Terrace Drive, property zoned R-1,
Single Family Residential, and legally described as follows:
Lot 19, Block 2, Pinewood Terrace,
Ramsey County, Minnesota
WHEREAS, The Mounds View Zoning Code conditionally allows sheds up to 400 square feet
in area with a maximum accessory building area not to exceed 1,400 square feet; and,
WHEREAS, the Planning Commission has reviewed the following documents regarding this
proposal:
a. Development Application
b. Zoning Map
c. Site Plan
d. Photographic Documentation
e. Staff Report
WHEREAS, the Mounds View Planning Commission finds that the proposal satisfies the
dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code; and,
WHEREAS, the Mounds View Planning Commission finds that the request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general; and, WHEREAS, the Mounds View Planning Commission finds that the proposed shed would not be out of place given the character and geography of the surrounding area involved in that sheds are commonplace residential structural improvements which help keep properties neat and orderly; and,
WHEREAS, the Mounds View Planning Commission finds that the proposed shed
would not depreciate the neighborhood in that the oversized shed would allow the
applicant to store items inside which might otherwise be left outside and would guard
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 8
against a cluttered exterior appearance; and,
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 9
WHEREAS, Mounds View Planning Commission finds that the applicant has
sufficiently demonstrated that a need exists for the proposed oversized shed; and,
WHEREAS, the Mounds View Planning Commission finds that the proposed oversized shed
would be sufficiently screened and separated by distance from adjacent residentially-zoned properties
in that the location of the shed behind the home and garages and next to a privacy fence would screen
it from general public view
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the conditional use permit with the following stipulations:
1. The applicant shall arrange to record the City Council resolution approving the conditional use permit with Ramsey County and provide proof of such recordation to the City within sixty days of Council approval or this permit shall be considered null and void.
2. The shed shall not be used for living space or other uses not allowed by the district in
which it is located or by the Zoning Code. Should the use change for which the permit was
granted, the conditional use permit shall be considered null and void.
3. No other sheds or accessory buildings, other than the existing garage, shall be allowed
on the property. The existing shed may remain on the lot until thirty days beyond the date by
which the proposed shed is completed.
4. The shed shall be a permanent structure and shall be designed and maintained to be
aesthetically pleasing and complementary to the existing dwelling and garage.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to
forward this resolution to the City Council prior to approval of the minutes.
Adopted this 5th day of April.
__________________________________________
Jerry Peterson, Chairperson
ATTEST:
__________________________________________
Rick Jopke, Community Development Director
(SEAL)
W:\DATA\GROUPS\COMDEV\DEVCASES\CU00-002\PC RESOLUTION 614-00.DOC
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 10
RESOLUTION NO. 5423
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 256 SQUARE-FOOT
OVERSIZED SHED AT 2159 TERRACE DRIVE;
MOUNDS VIEW PLANNING CASE NO. CU00-002
WHEREAS, Robert Kleinschmidt has applied for a conditional use permit to construct a 256
square-foot shed in the back yard of his property located at 2159 Terrace Drive, property zoned R-1,
Single Family Residential, and legally described as follows:
Lot 19, Block 2, Pinewood Terrace,
Ramsey County, Minnesota
WHEREAS, The Mounds View Zoning Code conditionally allows sheds up to 400 square feet
in area with a maximum accessory building area not to exceed 1,400 square feet; and,
WHEREAS, the Mounds View City Council has reviewed the following documents regarding
this proposal:
a. Development Application
b. Zoning Map
c. Site Plan
d. Location Map
e. Photographic Documentation
f. Staff Report
g. Planning Commission Resolution 614-00
WHEREAS, the Mounds View City Council finds that the proposal satisfies the dimensional
requirements as outlined in Chapters 1104 and 1106 the Zoning Code; and,
WHEREAS, the Mounds View City Council finds that the request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general; and, WHEREAS, the Mounds View City Council finds that the proposed shed would not be out of place given the character and geography of the surrounding area involved in that sheds are commonplace residential structural improvements which help keep properties neat and orderly; and,
WHEREAS, the Mounds View City Council finds that the proposed shed would not
depreciate the neighborhood in that the oversized shed would allow the applicant to store
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 11
items inside which might otherwise be left outside and would guard against a cluttered
exterior appearance; and,
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 12
WHEREAS, the Mounds View City Council finds that the applicant has sufficiently
demonstrated that a need exists for the proposed oversized shed; and,
WHEREAS, the Mounds View City Council finds that the proposed oversized shed would be
sufficiently screened and separated by distance from adjacent residentially-zoned properties in that the
location of the shed behind the home and garages and next to a privacy fence would screen it from
general public view; and,
WHEREAS, the Mounds View City Council acknowledges that it has received a
recommendation of approval from the Mounds View Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the
conditional use permit for a 256 square-foot over-sized shed at 2159 Terrace Drive with the following
stipulations:
1. The applicant shall arrange to record the City Council resolution approving the conditional use permit with Ramsey County and provide proof of such recordation to the City within sixty days of Council approval or this permit shall be considered null and void.
2. The shed shall not be used for living space or other uses not allowed by the district in
which it is located or by the Zoning Code. Should the use change for which the permit was
granted, the conditional use permit shall be considered null and void.
3. No other sheds or accessory buildings, other than the existing garage, shall be allowed
on the property. The existing shed may remain on the lot until thirty days beyond the date by
which the proposed shed is completed. This stipulation shall be explicitly stated on the
building permit.
4. The shed shall be a permanent structure and shall be designed and maintained to be
aesthetically pleasing and complementary to the existing dwelling and garage.
Adopted this 24th day of April.
__________________________________________
Dan Coughlin, Mayor
ATTEST:
__________________________________________
Michael Ulrich, Acting City Clerk / Administrator
(SEAL)
Kleinschmidt CUP Request
Planning Case CU00-002
April 24, 2000
Page 13
Q:\DATA\GROUPS\COMDEV\DEVCASES\CU00-002\CC RESOLUTION 5423.DOC
ORDINANCE NO. 649
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE PROPOSING AN AMENDMENT TO THE MOUNDS VIEW
CHARTER BY AMENDING SUBDIVISION 1 OF SECTION 3.04 OF THE
CHARTER OF THE CITY OF MOUNDS VIEW.
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1.
The City Council of the City of Mounds View, pursuant to the recommendation of the
City of Mounds View Charter Commission, deems that Subdivision 1 of Section 3.04 of the
Charter of the City of Mounds View is hereby amended by the addition of the bold and
underlined language and by the deletion of the bold and stricken language as follows:
Section 3.04. Ordinances, Resolutions and Motions.
Subdivision 1. Except as otherwise provided in this Charter, or state law, or a
more restrictive City ordinance, an affirmative vote of three or more members of the
Council shall be required for the adoption of all ordinances, resolutions and motions.
The votes of Councilmembers on any action taken shall be recorded in accordance with
state law.
SECTION 2.
This ordinance takes effect 90 days after its publication.
Read by the City Council of the City of Mounds View this ____ day of ________, 2000.
Read and passed by the City Council of the City of Mounds View this _____ day of
_____________, 2000.
____________________________________
Dan Coughlin, Mayor
____________________________________ Charles S. Whiting, City Clerk-
Administrator
APPROVED AS TO FORM:
_____________________________________
City Attorney
ORDINANCE NO. 650
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE PROPOSING AN AMENDMENT TO THE MOUNDS VIEW
CHARTER BY AMENDING SECTION 5.05 OF THE CHARTER OF THE CITY
OF MOUNDS VIEW AS TO THE INITIATIVE PROCESS AND RESOLUTIONS
PROPOSED IN THE CITY.
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1.
The City Council of the City of Mounds View, pursuant to the recommendation of the
City of Mounds View Charter Commission, deems that Section 5.05 of the Charter of the City of
Mounds View is hereby amended by the deletion of the bold and stricken language as follows:
Section 5.05. Initiative. Any ordinance or resolution may be proposed by a
petition which shall state at the head of each page or attached thereto the exact text of
the proposed ordinance or resolution. If the Council passes the proposed ordinance
or resolution with amendments, and a majority of the sponsoring committee do not
disapprove the amended form by a statement filed with the Clerk-Administrator within
ten days of its passage by the Council, the ordinance or resolution need not be
submitted to the voters. If the Council fails to enact the ordinance or resolution in a
form acceptable to the majority of the sponsoring committee within sixty days after the
final determination of sufficiency of the petition, the ordinance or resolution as
originally proposed shall be placed on the ballot at the next election occurring in the
City. If no election is to occur within 120 days after the filing of the petition, the Council
shall call a special election on the ordinance or resolution to be held within such
period. If a majority of those voting on the ordinance or resolution vote in its favor, it
shall become effective thirty days after adoption unless the ordinance or resolution
specifies a later effective date.
SECTION 2.
This ordinance takes effect 90 days after its publication.
Read by the City Council of the City of Mounds View this ____ day of ________, 2000.
Read and passed by the City Council of the City of Mounds View this _____ day of
_____________, 2000.
____________________________________
Dan Coughlin, Mayor
____________________________________ Charles S. Whiting, City Clerk-
Administrator
APPROVED AS TO FORM:
_____________________________________
SJR-125054v2
MU210-4
ORDINANCE NO. 651
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE PROPOSING AN AMENDMENT TO THE MOUNDS VIEW
CHARTER BY AMENDING SECTION 5.07 OF THE CHARTER OF THE CITY OF
MOUNDS VIEW AS TO THE REFERENDUM PROCESS AND RESOLUTIONS
ADOPTED IN THE CITY.
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1.
The City Council of the City of Mounds View, pursuant to the recommendation of the City of
Mounds View Charter Commission, deems that Section 5.07 of the Charter of the City of Mounds View
is hereby amended by the deletion of the bold and stricken language as follows:
Section 5.07. Referendum. Prior to the date when an ordinance or resolution takes
effect, it may be subjected to referendum by a petition which shall state at the head of each
page, or attached thereto, the exact text of the measure to be considered by the electorate. If
the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said
ordinance or resolution shall thereby be prevented from going into operation, and the subject
matter of the petition shall be placed on the ballot at the next election occurring in the City. If no
election is to occur within 120 days after the filing of the petition, the Council shall call a special
election to be held within such period, providing the petition has been found to be sufficient. If a
majority of the voters voting thereon favors the ordinance or resolution contained in the
petition, it shall remain in effect. If a majority of the electors voting thereon votes against the
ordinance or resolution contained in the petition, it shall be considered repealed upon
certification of the election results.
SECTION 2.
This ordinance takes effect 90 days after its publication.
Read by the City Council of the City of Mounds View this ____ day of ________, 2000.
Read and passed by the City Council of the City of Mounds View this _____ day of
_____________, 2000.
____________________________________
Dan Coughlin, Mayor
____________________________________ Charles S. Whiting, City Clerk-Administrator
APPROVED AS TO FORM:
_____________________________________ City Attorney
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\04-24-00\Regular Meeting\Item No. 10G--Res 5433 Approving Severance Pay--Givonna Reed.doc
Item No 10G
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Mayor and City Council
From: Givonna Reed
Item Title/Subject: Consideration of Resolution 5433 Authorizing
Severance Packages for Wallace Mortenson and
David Brick
Date of Report: April 24, 2000
Attached is Resolution 5433 which requests authorization to make severance
payments to retirees Wallace Mortenson and David Brick. Dave Brick is paid from
the General Fund and Wally Mortenson is paid from the Wastewater Fund, both of
which have reserved amounts for vacation and sick leave payouts.
Staff requests direction to move severance funds from their respective reserve
accounts to the general fund for monthly payout as insurance premiums and a lump
sum payment for vacation pay for the abovementioned retirees.
All requested payouts are based on salary at the time of retirement.
RECOMMENDATION
Approve Resolution 5433.
Respectfully Submitted,
___________________________
Givonna Reed
Assistant to the City Administrator
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\04-24-00\Regular Meeting\Item No. 10G--Res 5433 Approving Severance Pay--Givonna Reed.doc
Resolution 5433
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING SEVERANCE PACKAGES FOR WALLACE
MORTENSON AND DAVID BRICK
WHEREAS, Dave Brick has completed 27 years of service to the City of Mounds
View and Wally Mortenson has completed 28 years of service to the City of Mounds
View; and
WHEREAS, Dave Brick has elected to retire April 28, 2000 and Wally Mortenson
has elected to retire April 30, 2000; and
WHEREAS, Dave and Wally are entitled to the following benefits:
Dave Brick
• 100% of accrued vacation time-estimated at 349 hours (Personnel Manual,
Section 4.35 Separation Compensation)
o 349 hours of vacation x $30.10 per hour=$10,504.90
• A lump sum payment of fifty percent of sick leave accrual or sixty-five percent of
sick leave accrued as a patrol officer plus fifty percent of sick leave accrued as
Lieutenant for use toward the retiree’s group health insurance premium for as
long as the funds are available up to the retiree’s 65th birthday. These funds may
be used only for the retiree’s health insurance and at no time may they be taken
for cash or for any other purpose. Dave Brick has elected the health insurance
option which is estimated as follows:
o 1153 hours of accrued sick leave x 65% x $30.10 per hour=$22,558.45
o 1034.5 hours of accrued sick leave x 50% x $30.10 per
hour=$15,569.23
o Total: $38,127.68
Wally Mortenson
• 100% of accrued vacation time--147.23 hours (Personnel Code, Sect. 4.35D)
o 147.23 hours of vacation x $18.04 per hour=$2,656.03
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\04-24-00\Regular Meeting\Item No. 10G--Res 5433 Approving Severance Pay--Givonna Reed.doc
• A lump sum payment of fifty percent of sick leave accrual or sixty-five percent
of sick leave accrued as a Maintenance Worker for use toward the retiree’s
group health insurance premium for as long as the funds are available up to
the retiree’s 65th birthday. These funds may be used only for the retiree’s
health insurance and at no time may they be taken for cash or for any other
purpose. Wallace Mortenson has elected the health insurance option which
is estimated as follows:
o 1370.03 hours of accrued sick leave x 65% x $18.04 per hour
• Total: $16,064.98; and
WHEREAS, David Brick is paid from the General Fund and Wallace Mortenson is
paid from the Wastewater Fund, both of which have 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 David Brick and Wallace
Mortenson and directs staff to move these funds from their respective reserve
accounts to the general fund for monthly payout as insurance premiums and a lump
sum payment for vacation pay for the abovementioned retirees.
ATTEST Adopted this 24th day of April, 2000
Dan Coughlin, Mayor
SEAL
Michel Ulrich, Interim City Clerk Administrator
SJR-179323v2
MU210-4
RESOLUTION NO. 5435
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING REVISOR’S FOOTNOTE
ADDITION TO THE CITY OF MOUNDS VIEW CHARTER
RECITALS
WHEREAS, the City of Mounds View is a home rule charter city pursuant to Minnesota
Statutes Chapter 410; and
WHEREAS, the present city charter contains a provision at Section 4.02 of the city charter
pertaining to the issue of term limits for elected officials; and
WHEREAS, the Supreme Court of the State of Minnesota has determined in the case of
Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn. 1995), that term limits
change the eligibility requirements for local office in violation of the constitution guarantee of
universal eligibility for public office; and
WHEREAS, the city council forwarded a draft ordinance to the Mounds View Charter
Commission requesting that, pursuant to Minn. Stat. § 410.12, subd. 7, the charter commission
recommend to the city council a charter amendment by ordinance which would remove any
reference to term limits in Section 4.02 of the present city charter; and
WHEREAS, the charter commission determined not to recommend the enactment of a
charter amendment of Section 4.02 by ordinance to the city council pursuant to Minn. Stat. §
410.12, subd. 7; and
WHEREAS, the charter commission acknowledges that the city council should inform the
citizens of the City of Mounds View as to the present judicial interpretation of provisions similar to
charter Section 4.02; and
WHEREAS, the city council desires to include a revisor’s footnote in the present charter to
inform the public of the judicial interpretation of provisions similar to charter Section 4.02 that have
been determined to be unconstitutional by the case of Minneapolis Term Limits Coalition v. Keefe.
SJR-179323v2
MU210-4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOUNDS VIEW, MINNESOTA, AS FOLLOWS:
1. The recitals set forth in this resolution are incorporated into and made a part of this
resolution.
2. The following language shall be inserted into the charter as a footnote to Section
4.02 of the Mounds View City Charter:
A city charter provision limiting the term of an elected city official is
unconstitutional and unenforceable. See, Minneapolis Term Limits Coalition v.
Keefe, 535 N.W.2d 306 (Minn. 1995).
3. The Mayor, City Clerk-Administrator, staff and consultants are hereby authorized
and directed to take any and all additional steps and actions necessary or convenient in order to
accomplish the intent of this resolution.
Adopted this 24th day of April, 2000.
___________________________________
Dan Coughlin, Mayor
ATTEST:
____________________________________
Mike Ulrich, Interim City Clerk -Administrator
(SEAL)