HomeMy WebLinkAboutAgenda Packets - 1985/09/16■ CITY OF MUUNDS VIEW
1 CITY COUNCIL
AGENUA SESSION
SEPTEMBER 16, 1985
7:OU P.M.
1. Discussion of Cable TV Issues with Jerry Skelly
2. Consideration of Ordrnanev Nos. 39, and 392
3. Review of Proposed 1986 General, WdLet, duo Sewer
Fund Budgets
4. Consideration of Staff Memorandum Regarding Code Review
of Chapters 91, 201, 202, and 300
5. Consideration of Staff Memorandum Pegarding Location of
Residential Facilities Within Ramsey County
6. Considetation of Staff Memorandum Regarding County Roads
' 7. Consideration of Staff Memorandum Regarding Municipal
Code Review
8. Consideration of Staff Memorandum Regarding J. A.
Menkveld and Associates Request for a Major Scbdivi-
sion on the Southeast Corner of Sherwood Road and
Woodlawn Drive
9. Consideration (A Staff Memorandum Regarding Municipal
Code Revew of Chapters 20 and 26
PROCEEDINGS OF THE CITY COUNCIL
CIPY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
September 9, 1985
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112
-------------------------------------------------------------------------
"he Mounds View City Council was called to order by 1. Call to Order
Mayor Linke at 7:00 PM on September 9, 1985.
The Pledou of Allegiance was said.
MEMBERS PRESENT: Councilmembers Hankner, Quick,
Blanchard, Haake and Mayor Linke.
ALSO PRESENT: City Attorney Meyers, Clerk/Admini-
strator Pauley and Public WorKs/Community
Development Director Thatcher.
Motion/becond: Hankner/Quick to approve the August
26, 1985 mirntes as correcteel.
5 ayes 0 nays
2. Pledge of
Allegiance
3. Roll Call
4. Approval of
Minutes:
August 26,
Motion Carried
Duane McCarty, 8060 Long
Lake Road,
asked the Council
S. Residents
tc remove Ordinance No.
391
and 392
from the table and
Requests and
deny
them at this time.
He
expressed
displeasure that
Comments from
they
had been discussed
a_ a
recent
agenda ,,ession,
the Floor
when
most residents were
not
present.
Coun.ilmember llankner ,,rplained she ha3 teen the one
who made the %ctior, to tabl action cnthe ordinances
as she did out feel ttey were acceptable as written,
and that tabling action means the Council is worki.ig
in it. She added that she did not discuss the
o,d+nar.cPs at the la^t agenda session., and she still
feels they need a good deal of work done on them.
Councilmember Haake pointed out the agenda sessions
are public meetings. She added the ordinances are
not ready to be brought from the table ct this time,
and they will notify the residents when they will be
brought oefore the Council.
Mayor Linke pointed out the agenda session is open to
the public, and all items on the agenda are given to
the press for publication.
CIA
"! 1 September 9, 1985
Muunds View r"it LCouncil LJ Page Two
Regular Meeting U j Wi �� ' ' 4.
.,
-------------------------------------------- �^.
Bill Frits, 8072 Long Lake Road, stated he felt that
once something was tabled, it was not to be discussed
until it was brought off the table. He added he feels
the agenda sessions are a waste of time for the public
to attend.
Councilmember Hankner stated she is a firm believer
it y-i.ing pehlir notice, and she will not remove the
ordinance from the table until the public has been
notified.
Motion/Second: Hankner/Haake to approve the consent
agenda, as pieser,Ic and :Naive rhp reading of the
resolutions.
5 ayes 0 nays
Mayor Linke closed the regular meeting and opened
the first public hearing at 7:15 PM.
Director Thatcher presented the council with a letter
received from Tore Wistrode
velopment indicating that the proposedP Bonanza
Restaurant at the intersection of County Road 1 and
Mounds View Drive has been terminated by Bonanza
Restaurants. He added this would have no effect on
the Super America driveway, as it will be completely
on Super America's property.
Mayor Linke closed the public hearing and reopened
the regular meeting at 7:16 PM.
:ion/Second: Haake/Quick to remove this item from
the tables
5 ayes 0 nays
Wayne 9runn, rep-esenting Ronald Richardson, the
applicant, reviewed the proposed plan for a self-
service car wash at 2320 Highway 10.
Director Thatcher reported the proposed plan meets
City code requirements for stacking, with 16 spaces
required, and 22 being p proposal and
Planning Commission has reviewed the prop
they recommend approval. lie explained they did not
hold a public Bearing, as one was not required by
City code.
Director Thatcher reviewed the proposed development
agreement and conditional use permit. He also reviewed
the data compiled when the water department visited
four homes in the area that had complained of their
6. Approval
of Consent
Ay2rd�
Motion Carried
7. Public Hearing
Bonanza
Restaurant
1
8. Minor Slit -
division and
CUF Request
for 2320
Highway 10
Motion Carried
J
Mounds View City Council September 9, 1985
Regular Meuting ` Page Three
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water pressure not being adequate. He reported that it
met acceptable levels, and the problems appear to be
from inside the homes.
Stan Serwa, 5279 O'Connell Drive, stated he did not like
the wav the testing was done as he did not feel it was
done at the right time of day, when use was heaviest.
Ile also stated he was concerned whether the owner would
keep the car wash neat.
Councilmember Hankner explained those are all conditions
that will go with the property, and if it is sold, those
conditions will carry over.
Attorhey Meyers advised that the CUP could be recorded
with the County, to become a permanent record on the
property. Ile also suggested the Council considar adding
to the development agreement that if the business is
vacant for one year, the building be torn down.
Mr. Baxley, 5250 Jeffrey Drive, stated he felt the
attendant would be a problem, and would encourage youths
to hang out at the car wash. He also said he was concerned
with the sand and water going into the sewer system and
possibly plugging it up. He stated the City of Minneapolis
requires two holding tanks for a building that size.
Mr. Brunn replied they have planned for 8 sand trap
settling tanks, one for each bay, which exceeds what the
City of Minneapolis requires. He reviewed the process
by which the sand traps work, and drew a diagram t0
illustrate them. He added they wil' he pumped out as
often as needed. He also explained the ottendent would
be there to handle problems, not create them.
Councilmember Hankner stated she has some areas of
concern regarding this development, and it would be
difficult for her to vote at th4.s time.
Mike Rich, who stated he was working for Mr. Richardson,
stated they have been before the Planning Commission,
met with Staff, reviewed the requirements of the City,
and the Planning Commission has reviewed the proposal
and recommended approval. He explained frustration at
any further delay in acting on the proposal, pointing
out that the property is properly zoned, and the
questions that are being raised now are related to
management and operation, and they will abide by the
City rules and follow the building code.
Councilmember Hankner stated she was concerned with
the holding tanks and would like an opportunity to
check into it and find out the impact of the waste
on the sewer system.
Ir September
Mounds View City Council
9, 1985
page tour
Regular Meeting
---------------------------- ---------------------
Mr. Rich pointed out the building code requires the
developer to meet all the requirements the City,
Staff and
and the Council must be able to rely on City
they can monitor properly. He added that Staff and
the Planning Commission have no problems with the
proposal.
Barb Serwa, 5279 O'Connell Drive, stated she felt
4- ui.;n�a..nlic rode.
Mounts view siiuuiu fullvi: t,`--�----
Theresa Lexa, 5229 Jeffrey Drive read a prepared
statement in opposition to the car wash facility.
Dennis Richardson identified himself as Ronald
Richardson's son, and stated they are planning on
constructing a $300,000 building and they will not
let it go to waste. He gave examples of many well -run
self-service car washes in the area and also pointed
out that the drainage system and storage tanks they
will be having is over and above what Minneapolis
requires.
Barb Carlson, 5239 Jeffrey Drive, stated that testing
was not done of the water pressure with the car wash
in operation.
Mr. Richardson pointed out the property owners knew
the land was zoned B-3 when they purchased their
homes.
Councilmeaber aaake explained there is a very extensive
list of uses that are allr.wable in a B-3 zoning, with
not all of them being as attractive as what the
neichbors might like.
Mayor LinKe exnlained the use in question is aliowable
and a conditional use permit is required to plit
restrictions on the property.
Jim Hass, 5240 Jeffrey Drive, stated he did not want
to live next to a Jar wash
to a question from Stan Serwa, Clerk -Administrator
In response
that as a result of recent legislative action,
Pau ley uxplair.ed
Code rules in all cases. If the use is compatible
the Zoning
with the Zoning it is permitted even if it is in conflict
with the Comprehensive Plan.
Attorney Meyers reviewed the section of the code that
the
is applicable to this request. He stated that if
and the developer agrees to
property is properly zoned
the conditions set forth, the City cannot deny him.
meet
Mounds View city Council September 9, 1985
Regular Meeting Page Five
----------------------------=--------------------------- --------------
James Jackson, 5299 O'Connell Drivo, quest_runed where the
surface run-_,, will go. Mi. brunn indicated on the map
where it will go and where the holding pond will be
situated.
Director Thatcher stated he does not see any adverse affect
on the water services or sanitary sewer services for the
area. and this proposal meets the criteria of the Rice Creek
water4hed District for holding punds.
Mr. Brunn reported a car wash uses 3 gallons of water per
minute per bay, whereas a 5/8" garden hose uses 15 gallons
of water per minute.
Russ Rudd, 5289 O'Connell Drive, asked if the holding pond
would be inside the landscaped area, as he was concerned
with children playing there.
Mr. Brunn replied it would be, with the fence approximately
foot from the property line, and the building itself
about 40' from the property line.
ClerkiAdministrator pauley read the allowable uses for
B-1, B-2 and B-3 zoning.
Mr. Baxley requested the Council continue any action to
allow tim time to get an appraiser to appraise the value
of h.s home, as he feels his home would depreciate.
Clerk/Administrator pauley reviewed the criteria of
presenting an appraisal.
Attorney Meyers pointed out the de.eloper can also have
an appraiser cone in end :nest likely the two appraisals
would balance out.
Mr. Rich also pointed uut the appraiser would ccnsider
ant use of the property thdt is allowed, not juet a
vacant lot.
Ronald Richardson questioned why both a berm and fence
are required.
Mayo: Linke replied he would prefer to see the fence,
as it wouid obstruct the view from the homes better,
and protect the neighbors better.
Motion/Second: Quick/Blanchard to approve Resolution
No. 1919, for a minor subdivision and conditional use
permit for a self-service car wash at 2320 Highway 10,
with the conditional use permit to be recorded with
the Registrar of Deeds in Ramsey County.
Motion Carried
4 ayes 1 nay
Councilmembor Ilankner voted il,runt the mntiom.
Mounds view City Council
'
1
Reaular MPPtinn
'
F
Septpm K.n
0 .nn�
vet
page Six
Clerk/Administrator Pauley
read Resolution No. 1919.
Mayor Linke closed the regular meeting and upencd
the next public hearing at 8:55
9 Public
nearing
PM.
1986 Revenue
Finance Director Brager reviewed the pr000sed 19RF
Sharing
Budget
revei,uv aiiaring uuaget.
Clerk/Administrator Pauley
explained the budget is
based on an estimate of the
revenues that will be
received.
Mayor Linke closed the public hearing and reopened
the regular meeting at 8:58 PM.
Director Thatcher presented the Councii with draw-
ings received from Daniel Richr,ann, represent:n 10. Electric Eqpt.
the applicants. 9 Service Corp.
4751 Musting
Mr. Richmann reviewed the proposed project, to Lane
construct an offire and warehouse for Electric
Equipment Service Corporation at 4751 Mustang Lane.
Director Thatcher reviewed the operation of Electric
Equipment Service Corporation. He stated the
Planning Commission has recommended approval. He
added that Statf would recommend that grass cover
be maintained on all the property,
Dennis Sewill, presidr:nt of 15ESC, stated he would
agree to that.
Brian Sjonerc, manzoer of EESC, explained what is
involved is the handling of PCB';, and what their
firm does.
Motion/Second: 31anchard/Quick to approve Reso-
lution No. 1926, approving Mounds View Planning
Case 181-85 for Electric Equipment Service
Corporation, with the addition of maintenance of
the ground cover over the entire site, and waive
the reading.
5 ayes 0 nays
Motion Carried
Clerk/Administrator Pauley reviewed the 1985 11. 1st Reading of
long term financial plan.
Ordinance No.
Motion/Second: Haake/Blanchard to have the first 399
reading of Ordinance No. 399, an ordinance adopting J
the 1985 long term financial plan, and waive the
reading.
5 ayes 0 nays Motion Carri
148;
ring
us
dget
Mounds View City Council September 9, 1985
Regular Meeting Page Seven
---------------------------------------------------------------------------
Councilmember Hankner asked Staff to study the organi-
zational structures of other police departments and
review with the Civil Service Commission.
Clerk/Administrator Pauley reported the cost on the
preoaration of a development district plan would not
PvrPerl 57.nnn No rugiovc,i the rP.—irements for
establishing a tax increment redevelopment district.
Motion/Second: Haake/Blanchard to approve the pre-
paration of a development district plan for potential
tax increment redevelopment district in area bounded
by Highway 10, County Road I and Silver Lake Road,
by Holmes and Graven at a cost not to exceed $2,000,
with the funds to come from the general fund admini-
stration account, reserve for future capital
expenditures.
5 ayes 0 nays
Clerk/Administrator Pauley reviewed proposed
Resolution No. 1525, and the need for it.
Motion/Second: Hankner/Haake to approve Resolu-
tion No. 1925, support:nq federal legislation to
exempt local government fion certain requirements
of the Fair Labor Standard kct, and waive the
reading.
5 ayes 0 nay -
It was noted there was no one pr"ent to represent
the Gayle/Yost addition.
Motion/Second: Linke/Quick to remove this iter.,
from the table.
5 ayes 0 nays
Mayor Linke stated he did not feel the City should
put off action on this any longer, as it has been
going on for close to three years.
Councilmember Hankner stated she was concerned
with whether Mr. Sjouin had notified the Gayles
and Yosts of the meeting, and stated she would be
more comfortable sending them a letter, stating
they should appear before the Council, before
taking any action.
12. Approve Pre-
paration of
Development
District Plan
Motion Carried
13. Consideration
of Resolution
No. 1925
Motion Carried
14. Consideration
of Bids for
Gayle/Yost
Addition
Motion Carried
J
September 9, 1985
Mounds View City COuncii
page Eight
Regular Meeting ------------------------
--------------
-------------------
Motion/Second: Linke/Quick to reject the bids for
the Gayle Yost addition and order that the property
for the payment of
be fenced and make arrangements
for work done to date, per the
fees due the City
agreement the parties have signed.
Motion Carried
3 ayes 2 nays
rn.,nrilmembers Hankner and Haake voted against the
motion as they felt the City snuu'a maim
Gayles and Yosts had been notified.
Director Thatcher reported Judy Zowley has resigned
15. Reportort ofof
DirPublic
from the Planning Commission, which leaves two
Works/
vacancies to fill-
Community Dvlp
Motion/Second: Linke/Blanchard to accept the
resignation of Judy Rowley from the Planning
resolu-
Commission and authorize Staff to prepare a
tion of appreciation.
Motion Carried
5 ayes 0 nays
16. Report o`
Attorney Meyers had no report.
Attorney
17. Reports of
Councilmember 8ankner had no report. Councilmembers
Councilmenber Quick had no report.
Counei!member '�lancharc :wd no report.
Councilmember Haake had no report.
Maychad
ParkrLinke picnic andorted Jayceeepicnictoverethehweekend. °d
Mayor Linke reported teat he and Clerk/Admiristrator
pauley had gone before the Ramsey County Boe.rd ,ublic
Works Committee meeting earlier in the day regarding
the stop sign ac Red Jak and Arden, and the possibility
of the County turning Red Oak Drive back over to the
City. He reviewed the discuss that occurred andtated
the item has been tabled and they will be appearing
before them again.
Mayor Linke reported he had presented the Ramsey
etin
County Board with letters and petitions, requesting
the new County library to be located in Mounds View.
Mounds View City Council September 3, 1985
Regular Meeting Page Nine
------------------------------------------------------ ---------------------
' Clerk/Administrator Pauley reported he had received a 18. Report of
response from Fire Chief Fagerstrom regarding the Clerk/
budget request, and he will be reviewing it and will Administrator
get back to the Council on it. He added he plans on
scheduling a meeting with the administrators from
Blaine and Spring Lake Park next week tc discubs the
issue.
Clerk/Administrator Pauley reviewed proposed
Resolution No. 1927, concerning withdrawing trom the
Municipal Legislative Committee.
Motion/Second: Hankner/Quick to adopt Resolution
No. 1927, withdrawing from the Municipal Legislative
Committee, and waive the reading.
5 ayes 0 nays Motion Carried
Notion/Second: Blanchard/Quick to adjourn the 19. Adjournment
meeting at 16:19 PM.
5 ayes 0 nays Motion Carr
Respectfully submitted,
Donald F. Pauley
Clerk/Administrator
W
CAW..I, M Ghe q A 5A40rI o
.' mi5H(hr[ BRI.AW W. AND CA9LE INC
.;; bna.n Cs.e RewM WN 55113
46J 69"
September 6, 1985
City Administrator
City of Mounds View
2401 Highway 10
Mounds view, MN 55111
Dear City Administrator:
The attached financial statements are to be
provided in conjunction with basic rate change
requests. These financial statements are fer 19C4.
Please feel free to contact me if yuc have an,,
questions regarding this matter.
S iace re ly,
Na - 4"
Mack Matthews,
Gene�dl Manager
MM/jf
enclosure
ROSEVILLE DIVISION
LRCU'r *'' CADLE, INC.
BALANCE - -ET
DECEMBER 31, 1984
(Unaudited)
ASSEfS
E
Cash i 6,164
Accounts receivable, less allowance for doubtful
accounts of $2,604 27,351
Prepaid expenses (principally franchise fees) and
other assets 123,695
Property, plant and equipment at cost:
Cable TV transmission and distribution
systems and related equipment 25.747.173
Miscellaneous equipment and leasehold
improvement!, 1 111 224 ,
2 5 ,197
Less accumulated depreciation and amortization 220 199
2b,637'998
Deferred iranchise `crsts net of accumulated
amortization of $7,544 __ _1"6 ,116
TOTAL ASSETS 3 26,943
LIABILITIFS AND it.VESTMENI
Accounts payable and accrued expenses S 944,622
Customer prepayments 23,929
Total liabilities 9 69 , 5
Group Y Cable, Inc. investment in and advances to
the Roseville Division 25,914,774
TOTAL LIABILITIES AND INVESTMENT 3 26,943,324
F]
-See accompanying notes-
0
ROSEVILLE DIVISION
CROUP M CABLE, INC.
STATEMENT OF OPERATIONS
Year Ended December 31, 1984
(Unaudited)
Revenue
Subscriber - basic i 200.025
Subscriber - pay 269,644
Installation and other 11 257
4Co,Ylo
Costs and expenses
Cost of services
660,950
Selling general and administrative
1 173 535
Operating loss
(1,353,559)
Depreciation and amortization
(227,044)
Interest expense
(1,473,602)
Less interest capitalized
1,473,602
Net interest expense
Loss before before capitalization of start-up
(preoperating) costs
(1,580,603)
Start-up (preoperating) cr.sts r.apitalized
593,545
Net Loss
=_ (9'7,0059)
- See accompanying notes -
ROSEVILLE DIVISION
GROUP H CABLE, INC.
SOURCES AND USES OF FUNDS
Since Inception to December 31, 1984
(Unaudited)
Fund Used For:
L031 from operations (none prior to 1984)
Amounts not requiring the use of funds:
Depreciation and amortization
CapiLai expenditures
Deferred franchise costs
Increase in accounts receivable, prepaid expenses
and other asseLs
Total funds used
Funds provided by:
Advances from Group M Cable, Inc.
Increase in accounts payable, accrued
expenses and customer prepayments
Total funds provided
S 987,058
(227 044)
7 6O 0 6-i
26,858,197
155,660
151 046
27
26,962,531
27 9
t
Cash at December 31, 1984 S ____6,164
ROSEVILLE DIVISION
GROUP N CABLE, INC.
DETAILED COSTS AND EXPENSES
FOR THE YEAR ENDED DECEMBER 31, 1984
r IIn audi trot
Cost of Services
Salaries
f 529,404
Payroll taxes
50,342
Employee benefits
86,696
Pay programming and microwave services
95,937
Pole and antenna site rental
46,3?5
Repair and maintenance of plant
14,664
Electric power for plant
24,301
Vehicle supplies and repairs
27,212
Venicle rental
75,392
Outside services
01,233
Mire services
4,181
Franchise grants
75,000
Other
18,151
Labor capitalized
(100,585)
Overhead capitalized
(29U,309)
Total Cest of Services
f 660,950
Selling, general and administrati,e
Salaries
f 1-.41,9110
Commissions
45,661
Payroll taxes
22,724
Employea benefits
26,719
Franchise fees
23,511
Copyright fees
5,113
Customer billing
40,523
Bad oebts
3,453
Office rental
81,S44)
Office utilities
62,790
relephone
27,341
Supplies
28.337
Postage
9,596
Outside services
12,084
Dues and subscriptions
3,329
Vehicle expenses
3,874
Advertising and promntinn
34,761
Program guides
14,247
Travel and entertainment
8,166
Legal fees
2,186
Cnrporate overhead allocation
499,925
Other
24,159
Overhead capitalized
(48,344)
Total Selling, re^.eral and Administrative
f1,173,535
C
ROSEVILLE DIVISION
GROUP W CABLE, INC.
SCHEDULE OF CAPITAL EXPENDITURES
Since inception to December 31,1984
(Unaudited)
Distribution system
S20,90,958
Origination equipment
I.108,973
Converters
2,651,899
Leasei.old improvements
680,645
Shop and testina equipmert
135,256
Earth station receiving equipment
64,729
Office equipment
58,535
Transportation equipment
236,588
Miscellaneous caole equipment
74,069
D?ferred preoperating costs capitalized
939,545
$26,e58,197
-Set accompanying notes-
RO';EVILLE UIVISIUN
GROUP W CABLE, INC.
NOTES TU FINANCIAL STATEMENTS
December 31, 1984
(Unaudited)
1. General
The financial statements of the Roseville Division of Group W
Cable, Inc. represent the financial position and results of
operations of th.e Roseville, Minnesota cable television
system ("the System"). The financiai statements of the
Roseville Divisiol, are included in the consolidated audited
financial statements of Westinghouse Electric Corporation.
In 1982, Group W Cable (Group W) was granted a non-exclusive
15 year franchise to construct, own, operate and maintain a
cable communications system in the Roseville, Minnesota
franchise area (as defined In the Franchise Agreement).
All costs incurred in obtaining the franchise have been
deferred and are being amortized to expense over the life of
the franchise.
Group W, as part of its pubiicly-owned parent company,
Westinghouse Electric Corporation, is required to make
periodic reports on its financial conaition to both the
Securities and Ex=hange Commission and major national stock
exchanges. Group W's cable systems are also regulated by the
Federal Commun1c3t.uns Commission aad by various other
governmental agencies.
2. Investment
Group 11's investment in the koseviile Division includes the
original -osts of construction of the cable system to date
and has been subsequently adjusted for net advances made to
the System by Group W and by the net results of operations of
the System.
;. Property,. plant and_equiement_and deferred preoperating costs
The company began con;+tructing the system to serve the
rranrhi Se 3rng In 19R3 and ParnPd its first subscriber
revenue in June, 1984 tend of preoperating period; beginning
of prematurity period). The major construction phase of the
system will be completed in November, 1985 (end or pre-
maturity period).
Additions to property, plant and equipment, including new
customer installations, are recorded at cost and include
materials, labor, overhead, capitalized interest and
capitalized preoperating and deferred prematurity costs.
The Company capitalized preoperating costs and, in accordance
with the requirements of Statement No. 51 of the Financial
Accounting Standards Board, defers certain costs during the
prematurity period iprematurity cuatai. Capitalized
preoperating costs are all those costs incurred by the
Company prior to the first earned subscriber revenue.
Doferred prematurity costs are comprised of a portion of the
annual fixed costs of the cable system incurred during the
prematurity period that relate to future operations. The
proportion of such an.ival fixed costa to be deferred is based
upon the monthly straight line a.tainment, throughout the
It prematurity period, or estimated subscribers at the end of
the prematurity period (subscriber ratio).
During the prematurity period, depreciation is calculated by
applying the subscriber ratio to the monthly depreciation
amount based upon the expected cost of the system at the end
of the prematurity period as depreciated over the estimated
useful life of the assets.
The System treats expenditures for maintenance and repairs as
expense items which are reflected in the Statement of
Operations in the period when such expenditures are incurred.
Expenditures for betterments and major renewals are
capitalized.
4. Interest
Croup vs effective borrowing raLe for year ended December
31, 1984 was 11.4% per annum.
To the extent that advanrps arc used to finance cunstruction
of plant not yet in service, the interest applicable thereto
is capitalized as a cost element of plant and is not included
In interest in the Statement of Operations. In 1984, all
interest charged to the system was capitalized.
5. Parent company management charge
Group M's corporate office maintains, among others, the
following departments whose efforts are for the benefit of
its cable television systems:
Cable television headquarters
Purchasing
Engineering
Marketing
Legal
personnel
Accounting
Tax
Data processing
The cost of these activities are allocated to Aos±ville as
well as all oche group A cable television systems based on a
weighting of the number of cable television systems, the
number of cable television subscribers anJ the nombe� of
homes Passed.
BASIC SUBSSCRIBERS
wAL I I 44:A Af:n ILLS AND F0REC4A' T
15
14
13
7
6
3
JAN FES MAR APR MAY JUN JU ..w +.�
MURTH
0
00
ORDINANCE NO. 391
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW
by AMENDING CHAPTER 52 ENTITLED, "PARKS, PLAYGROUNDS, OPEN
SPACE AND RECREATION AREA RULES ANC REGULATIONS',
SUBCHAPTER 52.03 INTOXICATING AND NON -INTOXICATING LIQUOR
The Council of the City of Mounds View noes hereby ordain:
SECTION I. Chapter 52.03, INTOXICATING AND NON -INTOXI-
CATING bEVERAGES is amended to read as follows,
INTOXICATING AND NON -INTOXICATING bEVERAGES. No
intoxxicating 0 non-
intoxicatinS beverages shall be
consumed, dispia� or possessed in any park,
playground, open space or Ev�:ealion area in the
City, except that non-intoxica U n beverages and
malt beverages in excess of 3.2 oercent of alcohol
in Siiverview ano 'It
all Parks between the hours
0 8: a.m. and 9:P.M. In no event shall any
non -Intoxicating liquors be sold or bartered in any
park, playground, open space or recreation area,
except by a valid permit issued by the Mounds View
City Council.
ATTEST:
Mayor
(SEAL)
Clerk-AAmin,crrrrnr
APPROVED AS TO FORM:
City Atwrney
J f, 11 i
ORUINANCE No. 392
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW
BY AMENDING CHAPTER 101 ENTITLED, "NON -INTOXICATING LIQUOR"
The Council of the City of Mounds View does hereby ordain:
SECTION i. Chapter 101.02, License Required, is
amended by adding the following,
(a) Temporary "on -sale" licenses Mal
be issued pursuant to the_provt-
iions of Muniei i Code C a cer
52.0 or the sale o non-intoxica-
tin malt liquor by a club or
rat ninus or non-orofit
Subdivision 1
organizations.
Definitions. The following trrms
shall
have the
meanings described herein;
(1)
"SaIP" means all means of furnishing and
includes
but is not limi-ed to the furnishing
(2)
for money or other consideration.
"Beer" means any beverage which is produced
wholl or
in art from the L,ewing of any
:a ns or
malt or malt substitute and
conta nin
mope thailT oT one grce�nt
aTcohol
by
vo nme ano not more t an 3
percents weight.
t3) "organization" means any emit having
religious, veteran, charitable or non- ro:it
acttvrttes as its rI—1 ur se an w c
ua iesin al! res ects or t e ssuance o
a icense to sell the type o _beer to
be
furnished at the activity or event for wh,ch_
the permit is nPing soc ht.
Subdivision 2. Permit. Any organization deairin
to sell beer in silverview or Cit Hall Park muat
app Y or a permit to o so uc app scat on s a
be made upon forms furnished by the City's Parks a
Recreation Director for that ur ose and filed wit
the Parks an Recreation Director no later t an
days nrior to the first date or vhicn a permit ie
ORDINANCE; NO. 39l
PAVE TWO
_�: ,. rh.. anoltctwn s
iyiston 3. ,n ._ rnner a:, MitF
Iti
I11 Full name and address of the
organization.
121 A brief statement of the organizations
purposes and acu,V,—s.
(3) The length of time the organization
has been in existence.
(4) The number of active members.
(5) A brief description of the _event or
activity for which the permit is being
requested.
(6) The park proposed to be used for the
actIVIEV includin an faciltti63 in the
park which wi be used.
(7) The dates and timea fnr which the permit
is requested.
(8) The anticipated number of participants.
(9) The person or persons from the
organization who will be in respon-ib.e
char a .if the event or activity and_of
the sal
a of beer.
The application shall to mad_ to the
Recreation Director who may refer th
such departments as he deems aav sau
is
grant or
Subdivision 4. Permit Fee. The fee shall be
$50.00 and shall be aid in full at the time of
app tcation.
10� ORDINANCE NO. 392
PAGE THREE
L1) Is located in the City of Mounds View or
directl affliated with the Cit through an
et etic eague.
(2) Has been in continuous existence for a period
of at least one year.
(3) Has at least 20 active members.
(4) Has established to the satisfaction of the
City that the propnsed event or act v ty rill
be conducted and will be contro led n such a
wa as not to Constitute a Nazar to or a
source o nu since or annoyance to of er
persons in the park or on adjacent property.
151 responsibHas designated persons in the organization
le charge whu are free of convictions
for offenses relatin to the fitness o suc
persons to perform their duties.
7. Conditions of Permitted
(1) Sale of bser is allowed only in connection
with civic celebrations, sanction�A athletic
tournaments an community Or�anizatio_1
soonsured events occuring in Silverview ar.d
mited to the pates ana cimes
tithe Council in th�ermit_
(2) The sale and consumption of beer is not
allowed in streets or arKing areas ad'acen[
to the ark. The Councilma further imit
the ereas wit in the park where beer mey be
sold or consumed.
ORDINANCE NO. )92
PAGE FOUR
13) The sale of veer to and consumption
individuals who are forbidden by an
the
further limit the sale or consumption to De
allowed under the perm
(a) The event or activity must be conducted and
controlled in such a manner so as not to
constitute a Aasard to or a source of nuisance
or anno ante to of •t persons in the park or
on a )scent property.
(5) All rubbish, trash and debris shall be removed
from the ark and dtaposed f by the
organtzat on praaptly at the cons usion of the
event or activity. The organization Shall be
responsible for all clean-up expenses.
Only non -glass containers will be permitted.
vision 8. Cancellation of Permit. At a
wing the issuance o the permit, the Cit
it may cancel the permit, for cause, aft
a and hearing.
Subdivision 9. Psnalt . An erson violatin an
prov stone of t s o after shall be guilty of a
misdemeanor.
SECTION II. This ordinance shall take effect 30 days
after t. ate of its publication.
Read by the Council of the City of Mounds View on
this day of , 198S.
Read and passed by the Council of the City of Mounds
view this day of , 1985.
ATTESTS -
Mayor
(SEAL)
Clerk -Administrator
APPROVED AS TO FORM:
ity Attorney
MEMO TO: MAYOR AND CITY CUUN(�F♦,iT I
FROM: CLERK -A UM IN ISTRAT(W
DATE: SEPTEMBER i, 1965
SUBJECT: LOCATION OF RESIDENTIAL FACILITIES WITHIN RAMSEY
COUNTY
Attached please find a copy of a letter received by this
office from the Ramsey Ccunty Department of Community Human
Services regarding their efforts to develop a program
designed to disperse residential facilities within Ramsey
County in compliance with Minnesota Law Chapter 617 as
amended in 1984.
As part of their program aevelopment effort the county is
attempting to organize a committee made up of representa-
tives of cities within the county, providers of residential
facilities and advocates for the residents of these
facilities to act in an advisory capacity to the county
regarding the development of the program and dispersal of
residential care facilities. The first meeting of this
committee is scheduled for the afternoon of Friday,
September 27, 1985 and the City of Mounds View has been
requested to provide a representative to this committee.
Staff wculd request an indication as to the desire of a
member of :he Council to serve on this committee. If not, I
will assign a staff member to represent the City at the
September 27 meeting.
DFP/mjs
P ttachment :
Il COhIAUNI T Y
Di-t iii I NIENT
August 16, 1985�
i ^qor-,
Donald Pauley, Clerk-Administratui
Mounds View City Hall
2401 Highway 10
Mounds View, MN 55112
This letter is a fulluw-up to our cummunication with you in April and May 1995
regarding our plans for overconcentration, location and dispersal of residential
facilities within Ramsey County. These activities are in compliance with
Minnesota law 617, amended in 1984. This law pertains to all facilities that
house six or more adults who are aiagnosed as chemically dependent, mentally
retarded, mentally ill or children who are dependent, neglectea, emotionally
disturbed or nentally retarded.
At the time of our last communication, we were asking for your opinion on a
number of issues regarding this topic. We were also retesting representation
from your municipality in an ongoing task force to advise us in our planning 10
process on location of these facilities.
Since o,�r initial contact with you, we have begun to contact persons fir
inclusion in this task force. The planning department of the City of St, ?aul
has agreed to be represented as have vendors and/or advocates from all groups
of clients who live in the facilities impacted by Chapter 617. We ere hoping
that you, too, will assign a representative to thi', task force. Tne goals ane
tasks of th,s task force are:
Community Involvement In Program Development
a Tl,e county will implement by September 1085, a committee made up of
representatives of the rities/municipalities, providers and advorates
to act in an adviscry capacity to the department regarding the develpment
and dispersal of residential care facilities. rhis committee shal'-
provide the county with assistance in developing:
a A wor'< plan to provide education, resources and information that would
increase acceptance of community residential facilities.
• A mechanism to insure that the development and licensing of community
residential facilities are coordinated between the cities and the county.
6 Ongoing modification in this dispersal plan as conditions change.
August 26, 1985
Page 2
It is planned that meetings would be held once a month, for two to three hoars
in the beginning and less frequently after plans were formulated for
implementation.
The fist meeting is scheduled for:
Friday, September 211th
1:30 p.m. - 4:00 p.m.
City Hall Annex
25 Y. 4th St.
15th Floor Auditorium
May I request that you or a representative from your municipality attend to
help us with these issues.
Please contact me at 292-6094 if you have questions or comments prior to the
meeting. 1 look forward to seeing you or your representative on September 27th.
Yours tery truly,
J
T" Lindeke
Children's Planner
TL/dr
lam ' ,; i 4
MEMO TO: Clerk -Administrator and City Council
1 FROfi: Direcluc of Public WurksjCumnunicy Deveiupmen
u"
DATE: September 10, 1985
SUBJECT: COUNTY ROADS
Attached please find a copy of my March 21, 1985 letter to
Kenneth E. Weltzin, P. E., DirectOL and County Engineer, Ramsey
County Department of Public Works. Also find attached summary
sheets of the City's Street Maintenance Study conducted by
John C. Johnson, P.E., which was conducted in 1984. The study
and my letter to Mr. Weltzin clearly indicate that the county
roads as well as the county state aid hig!iways (CSAM) have more
problems than City streets.
I did discuss these issues with Mr. Weltzin on September 10,
1985.
I understand that the City Council wants to discuss this issue
futher. I will attend the September 16, 1985 Agenda Session to
answer any questions.
SWT/bac
Attachments
CATEeMT I TO THE MOM
M
Mdrel, 21, 1985
Kenneth E. Weltzin, P.E.
Director and County Engineer
Ramsey County Department of
Public Works
167 Court House
St. Paul, Minnesota 55102
U(TG � ounas View
V AAMSf T COUAT T. YIMbifOTA
1401 . 14M AT 10
".0 IV.IW. YIMM N,li
He: Ramsey County Public Works Department Capital
Improvement and Bridye Replacement Program
Dear Mr. Weitz"': ,
For you: information, enclosed please find copies of the Clty
Street Maintenance Study conducted by John C. Johnson, P.E.
The study was completed in June of 1984. The study analyzed
local streets, county roads and county state aid highways
iCSAH). The pavement surface condition part of the study Was
modeled after the Texas A 6 M University Program developed in
1979.
1 wish to draw your attention to the sumw.ry of Tables 6, 8 and
9. Tne surface condition of local streets is much better than
the county roads or the CSAY- The information is summarized if
follows:
Street Condition
CSAH
County
Local
jSurface Distress)
Rjads
Streets
Severe Problem
63%
24t'
5E
Moderate Problem
37%
71%
29%
Slight Problem
0%
5%
66%
TOTAL
100%
100E
1001
A24% of all the county roads in Mounds View have a sev
suitacc distress problem.
Mr. Weltzln
page Two
March 21, 1985
I will be glad to meet with you and/cr ycur staff to review
rn,w srudv and the streets in Mounds View.
I strongly recommend that you take steps to alleviate these
problems.
Sincerely,
CITY OF MOUNDS VIEWW /
Steven W. Thatcher, Y.E.
Director of public Wurks/Community Development
SWT/bc
cc: Clerk -Administrator Pauley
Mayor and City Council
bcc: Robert Orth, Ramsey County Commissioner
my
P S as the City
severeesurfaceadmistressyeets ti
problem�s
IbuMt V:w St-wt PIAM" std.
'?.L: 1 - ^.- f.'.'wr!Yi . sultry
to rtrim
yS. /
l"It,
dt� sro year
ywr of tyw On
I
imrtiarl
ow
(fw) Ip, Its. 'kilt
last WA. suface dut^ett
Class.
UTOTa
i!
6,665.1
I7.71tI
S
a
Co,b.
UMTa
t
4I.1
1, t:51
S
II
Co, Id.
UTora
2
2,4313
4 sm.6
1
a
Cut. Ad.
OTOTa
If
II, 7K.1
?1 6•S 1
t
21
Pg.
9P'OTa
2
7,MI
IS, 2ti2
II
Rd.
9BTOTa
1
1,3t4.1
3,5t►'
Sl
It
U.Id.
foul 3,%9.3 76,N, 1
•
k,mH VIVO It'"t Ks. 14MV1 Study
Too 1 - Co.k. St•eets'S.rrrc1 t:strest - Seen
Shee: eepee,t
fva street
tc street
Co. k. M
most City lusts
plusaM View Drive
Co. k. M
pleeu^t VIVA Aire
IWI■ood o-i•e
Co. k. M
Knc:laod Drivw
Silver Lash k.
U. k. M
Site, '.Ake k.
1.04r190 Drive
Co. k. M
LaK,lw D•:rr
%dock Drive
Co. k. 1
psaint Viso D,:re
Eriel Leiu k.
Co. k. I
SrlrK LAO k.
KK!Ionce iF.+e
Co. k. I
Krc:lmoec Dr.w
6,m:md k.
Co. k. I
Fcve:e,i! k.
6;irer Leh k.
91,11k
TDTAL
Sv:r; Lake k. Co. k. : Millriw k.
6pr1K Ake k. Mi llriw k. City Lints
91•Tr►
r6rk
Co. k. M-2 Iryec�d ke, tc eest
91 :^AL
TDTk
6*K: TVA M. G. TAll
Sei. 1 114th width area yee• M. of type del I FVKIIora
Ifeet)
tforti
Iso, yes.16ailt
list east.
WfW* di st, 1
Class,
74
M.1
es./
"13
19-
IL A.
T, L, A
S
3!
Cc. k.
TS
1,1h.1
24.1
L9u.1
it
M.A.
T,L,A
6
!
Co. k.
76
04.1
t4./
1,144.1
19-
ILA.
T,LA
5
31
Co. Ad.
77
in.1
t4.1
io.1
19-
IL 0.
T, L A
S
it
Co. k.
71
3ETi.1
t4.1
W4.1
19-
IL A.
T, L. A
5
k
Co. k.
E9'.!
2A.1
1,R9P..]
19-
M.A.
T,L
S
3!
Cc.k.
2Y
53 1
24.1
1, 41%, 7
19-
M, A.
T, L
S
3!
Co. k.
2^
5C.1
14.1
1, W. -
19-
M. 0.
T, L
5
!
Co. k.
251
46S.1
ts.l
1.all. 7
19-
ILA.
T,L
5
7
co.k.
9
5, K5.1
13, 96.7
%SE5.1
11516.7
31
1,40.1
t4.1
3,%6.7
I*i
1L0.
A,L,T
6
31
cc.k.
12
14LI
i4.1
266.7
1967
ILIL
0,L,7
S
IN
:ask,
2
1, Sk.1
4, 2113
4, 2113
114
459.1
22, 3
1,115.1
19-
M. A.
T, A
S
is
Co. k.
i
M.1
i,LS.I
459.E
1,115.1
7,m1
11,LI5.1
Ibvnds vim Street N'rt"wt Stvd7
TAIL: I - Co. Rc. !Sar'sa Die,"I - RodPate
Itrwt wpwnt
fm etrwt
to street
w. 1
Iwgts
width
area
year
year of
tyor
del
s
y,eet,owal
Ifwtl
OW)
leA. ya.!Dullt
last wnt.
Wrfwo distress
Class.
pleasant hew Drin
Co. M. M-2
Manor DIM
3
1, 324.3
24.1
3,mlm
19-
N.A.
T,L
M
31
Co. Rd.
D:enant vies Dln
Mona Rive
Ca Rd. 1
a
i.119.1
t4.1
2,27,3
19-
LIL
T,L
II
N
Co, Rd.
SAIM
2
2,433.3
6,auI
TMIL
2,433.3
6,4M.6
Co. Ad, h
beat Dave
Sungside Rd.
79
319.1
ec1
a24.1
19-
TLA.
T,L
A
21
Co. Ad
Co. Rd. M
Svmlyside Rd.
►i;rtan Lan
66
W.,6
?4.1
624.1
19-
N. a,
T,L
A
21
Co.k.
Co. Ad. N
prirtan Lars
Aa:Maw Lan
6:
319.1
24.4
$24.6
19-
ILA.
T,L
N
21
Co. b.
Co. Rd. M
btnDw Lan
Eastvooc Rd.
62
M.1
24.1
624.1
19-
KIL
T,L
A
21
Co.k.
Co. Rd. N
Eastwood Ra.
&w%ood Din
u
319.1
24.6
124.1
19-
ILA.
T,L
A
M
Co.k,
Co. Re. N
aasrw I
Lo'I Lave Rd.
64
In.1
24.1
IV*.1
19-
ILA.
T,L
A
21
Co.b.
Co. Id. X
W4 Lase Rc.
Iroea:e Ac.
r.
644.1
24.4
1,717.3
19-
ILA.
T,L
N
21
Co.b.
CO. Rd. N
Iro V • e Rd.
o" Rd.
66
309.1
N.1
62411
19-
N.S.
T, L
A
21
Ce. If
Co, k. S
lore+ ft.
Edlowe drive
67
M.1
24.1
124.1
19-
IL IL
T,L
N
21
Co.%.
Co. it. M
Upwe od d• i ve
T. IL If
b
2, 6%.1
26.0
7, 7%.7
19-
N. A.
1. L
A
M
Co. Md.
932TTAL
11
6,06.1
16,116.0
T- C
6,OK. 0
16,016.1
S[o�ri% Late b.
Or,~ Dive
Co. Re. 1
31
1,154.2
24.1
'.,1r.R
M
IL IL
It, L,T
N
21
Co. Rd.
*. 1,4 Late Rd.
T. M. 16
Arda. Ave.
33
11161.6
N.1
3,198.1
1%7
IL A.
L,T
N
a
Co. Rd.
Sx Rd,
Arlan M.
Co. b. 3
34
2, 4M.8
24.1
6,{33.3
1%7
ILA.
L, L,1
N
s
Co. Rd.
"To'AL
3
4,736.1
12,66.3
TDTAL
a, 736.1
11, fin.3
Co. Rd. 0-2
Luiray St sn
Cllftor Drive
112
290
U.3
M 6
19-
N.A.
T114R41
N
11
Colo.
Ca Rd. N-2
Clifton Din
Ravoow Ave.
1/3
V 1
22.3
7M7
19•-
N.A.
T,L,R,I
A
11
Co. Row
SLIP C'AL
2
616.1
1,52).'.
TO"AL
616.1
1.41.E
I
Wool vies !t'wt KIIet"Vt 1tIly
Itrat w1wt fro At net
:o. It. *2 ollreoi! Court
Co. IN. r2 hrkw D-Ire
TCTIL
thaw Dri.t
T. K it
boat Dr:'e
NI;Ir1w k.
leow Dr;v1
oie'e000 k.
Dotal D':ve
L&Wt Drive
1na1 D':.v
Hde' pre.
MAL
Pw TDTk M. ID. IDyDE n
TIME 1 - Co.k. /Drr Ttt<e Dletr"S - Irderlte
It etFwt
In. 1
lroh
uoU
e•vw
year
year of
type
o, t
Ifwtl
Hot)
I14. y2v.
twI It
lot olet.
wfwt oletrm
Jerkw Dare
IR
311.1
1L3
112.1
1%6
ILA.
T.L,2,1
II 11
0.:m Street
lai
1,304.1
12.3
3,231.9
1966
LA.
7,L,1,6
0 i1
W"'k
2
1.626.1
6,111/
I,f26.o
4,133.1
N111v1w k.
121
e11.1
14.1
1,a.v
1%7
KA.
T
II 11
�Ir'voea k.
126
1,3211
24.1
3,526.1
197
KA.
T
i1 11
Uv/rt Drive
29
611.1
14.1
1,626.7
1967
KA.
?
N II
Ada, Ave.
IN
111.1
24.1
1,193.3
1967
6.A.
T
e 11
Co. all. J
13;
2, 3%.1
24.1
6, 37& 3
1%7
N. k
1 11
IIF10'0.
7
5,113,1
13,611.1
5,1 v11
13, 611.1
21, 79. 7
14, 3". 3
Cc
Ib,b{ Vim S:Met Allrtelect Study
TW 1 - Co. ft. ?Surf wo IIIst {f - Sleet
itnet w;{rrt frog {tact to {trwt Sel. 1 Irpt� e:dtn Am ynr ye{r of type it, { FretloN;
(feet) (feed Ip, FQ{, IlYlit left Yl�t. Wrr¢e dl{tre{{ ci1N.
So,;,p:ekeft. Co. k. N2 b-o%n Dr:.e 25 1,324.4 2e.1 I,Sxl IS1/ It A. A Si II Co.k.
SJF':'4 I 1,324.0 3, a1. 7
TOTAL 1, 32k,1 ], Sk. 7
77AL Vaw 1,32c1 7,531.7
0
S�
I
hDoes Viso Strw: MiMrrve it,dt
'Alt 7 CST '; irs D:strws - lrary
to ftrwl
k;• 1
lagtn
WIW rN Nr
Ar of tips /sl %
is•ctiorrl
(fwt�
Nat'' (si. 1ls. IblIt
In: u.M. su,fwv 411thss
rims.
31R7071L
3
3,711.1
17,7b.7
5 1
CW S: J! lof
i jj�
t TETAs
34
11,01
9,1% 7
5 21
ISAH
9JTD?k
13
11,173.1
27,M.1
r 21
MAP •n• Mc,+rrn•c
t7%
"TOTAL
4
3,111.1
IS,2P.1
s U
(SAH
fs: is o[nr
G
3L,W'.S
115,31;.2
ic, 9
tiomde tiw II•wi tL,metiroe It,dy
TW 1 - CIM'64r4t1 Dutr'wt • bnn
It,w+ wpwrt
f`ee $I'wt
to Street
bl. 1
ler;t+
SAW
Nw
yrr
ybs• o'
type
or;
9
fvrti�_:
11wt1
Ilwt1
1K. ys.
66iIt
lot rim.
rar/rn dirt^ %
Clne.
111ver, Ute k.
Co k. of
bvtir Drive
I11
I,171.1
41.0
5,1K.7
Ili-
M.A.
T,L
6
3
CBAP
1111yr Lau k
b,w Drive
Cc to 1
111
1,171.1
46.1
Cm
19-
IL IL
1,1.
s
3t
CSAr
Ill lwr Uu to
cc It 1
T. K II
la
1,171.1
/1.1
&7K.7
I1-
IL A.
T,L
S
k
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171
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to.1
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K0.
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Lw{ LeW k.
tt+" Drive
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172
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C.:). Ib. 1
1 ewro! Drive
Legg Ulu Ad.
262
315.1
24.1
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&
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to Faw rm
173
93.1
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93
315.1
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s
21
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Co. A'. 0-2
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Latp Lake k.
N
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&1
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11111.0.
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119
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Laf; Lake k.
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bass Street
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TM
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ifati
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lost u:pt,
wrfeo ltetmt
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Sheet wgw t fro ft•w' to st^wt
Co. b. 0-2 /ieasmt View Dr:w Scrip lake A1.
S ATD'k
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457.1N.e
4 e
7
MEMO TUi Clerk -Administrator and City Council I
FROMI Director of Public Works/Community Ueveiopment�" ' 7
UA'rk: August 26, 1985
SUBJECT: MUNICIPAL CODE REVIEWS FOR CHAPTERS 32, 39, 40 AND 41
Attached please find a resolution from the Planning Commission
regarding the subject code review. I would like to make two
additional recommendations that are not directly related to the
Planning Commission but are in Chapters 39 and 40.
1. Chapter 39.10, Permit Fees and Chapter 39.14, Subd.
8117, Temporary signs - I recommend that the permit fee
for temporary signs be changed to $40.UU for an 8 week
period. I recommend changing the cede to allow a
temporary sign to be installed for only one 8 week period
it a year. I also recommend a S100.00 deposit from the
business prior to their installing the temporary sign.
2. Chapter 40 - This proposed addition to the code is
in regards to fencing. It states what one would expect to
be a very clear point for a person installing a fence.
However, my staff recommends that the following addition
be made to the code.
A fence shall be installed on the applicant's
property. The fence shall not be installed directly
over the property line.
Additional changes in thu sub)ect codas mdy be recommended :n the
study being conducted for the Comprehensive Line Use Plan review
of District 6 ane 12. Therefore, any changes to the Code could
be made after the study is completed.
SWT/bac
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 146-05
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION REGARDING CITY CODE CHAPTER 3[, "in6 PLANNING
COMMISSION; CHAPTER 39, "SIGNS AND BILLBOARDS; CHAPTER 40,
"ZONING" AND CHAPTER 41, "SPECIFIC REZONINGS"
WHEREAS, Section 3.11 of the Mounds "iew Home Rule
Charter requires that the City review, revise, and rearrange
the Municipal Code at least once every two years; and
WHEREAS, the City Council is reviewing the Code this
year; and
WHEREAS, it is customery for the Mounds View Planning
Commission to comment on Chapters 32, 39, 40 and 41; and
WHERt AS, the Mounds View Planning Commission has
reviewed these chapters during the past year;
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
Planning Commission makes the following recommendations:
1. Chapter 32 - No changes necessary.
2. Chapter 39 - No cha.iges necessary.
3. Chapter 41 - No changes necessary.
4. Cha tee r 40
ai 4C.10, Subd• B(3) - The nimber of children Lo
be cared for in ore day care ,r..e sho;Id be
changed from 5 co 12 in order to comply w•t"
state law.
bl The Planning Commission reviewed the possibil-
ity of reducing the size on accessory build-
ings. D.t this time, we recommend that the
sizes stay the same because when the size was
smaller, as the City has had in the past,
there were too many variances granted for
larger boats, riding lawn mowers, recreation
and garden equipment.
c) The Planning Commission recommends a section
about underground gas storage tanks. This
section could read as follows: 10
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 146-85
PAGE TWO OF TWO
Underground gas storage tanks shall satisfy
state and federal laws. If a business has
one or more underground gas storage tanks
and that business is closed for one year,
the underground storage tanks shall be
removed or filled. If the closed business
fails to remove or fill the tanks after
notttication by the City in writing, the
City shail have the riyht to fill or remove
the tanks. The cost of such work may be
assessed to the property.
d) A section on hazardous wastes will OP
addressed by the Planning Commission at the
next agenda meeting.
BE IT FINALLY RESOLVED that the Mounds View Planning
Commission direct staff to forward this resolution to the
City Council prior to approval of the minutes.
ATTEST:
(SEAL)
Adopted this 4th day of September, 1985.
rperson
Director of Public Works
t- hi, 0
MEMO TO: Clerk -Administrator and City Council /
rkCMh DLLaCLvL of Public tj DovoIopment1��-':
DATE: August 22, 1985
SUBJECT: J. A. MENNVELD i ASSOCIATES REQUEST FOR A MAJOR
SUBDIVISION Oil THL o;OUTIIEAST CURINCN Of GHEJ W00D
ROAD AND WOODLAWN DRIVE
Attached please find the following:
1. Planning application dated 8/7/85.
2. Letter dated 8;7/85.
3. Sketch plan of the proposed major subdivision.
4. My memo dated 8/7/85.
The Planning Commission reviewed this request on August 21,
1485. The developer proposed removing 2 feet from the south side
of the 20'x22' garage in order to classify this structure as an
accessory building. The garage on Lot 2 will be removed within
90 days after filing the plat. The developer has agreed to make
Lot 4 deeper so that the 30' backyard setback requirement can be
met.
The developer will provide a Engineer's Cert-ificate within 3
weeks.
This major subdivision is rot in a flood plain or wetland zone
and meets all City requirements. Therefore, the Planning
Commission is requesting the City Council to schedule a public
hearing as soon as possible.
RECC`MMENCATION: Set Dublic hearing for 7:10 p.m. on Monday,
Septem er , !985 to r.vi^w toe conditior1al use pe.mIt and major
subdivisLon request.
SWT/bac
MENU TO: planning Commission '
FROM: Director of public Works/Community Development
DATE: August 7, 1985
SUBJECT: J. A. MENKVELD 4. ASSOCIATES REQUEST FUR A MAJOR
SU8DIvlSIUN ON THE SOUTHEAST CORNER OF SHERWOOD
ROAD AND WODULAWN ulii'r'
Attached please tind the following:
1. planning application dated 8/7/85.
2. Letter dated 8/7/85.
3. Sketch plan of the proposed major subdivision.
The major problem with this subdivision is the location of the
existing house and garages in relation to proposed IvL lines.
One possible solution is to require that the existing garage on
Lot 5 be relocated to provide proper setback distances from
propert; lines. The rear property line on Lot 1 can be adjusted
to a 30 foot setback distance from the back property line. The
t 5
thatethe existing w house owill t 4 a havend a tens foot o setback bably e from u d so
the
said property line.
please note that tha front yard of the existing house is on
Wo dlawn Drive. Mr. Menkveld said that he can probably have
these details works: out by August 21, 1985.
9ECol4RENDITION: If these details can be worked Oct, I recommend
approving this major subdivision.
S'iT/bc
PLANNING APPLICATION
r_
Date -
APPLICANT: nameott.�3'rN > -)_Alec:, hC_ Pnoner�r��-4�
address 111tk6tsstPPt Ss. F�� Mt.) S4-43?
Interest In property (check appropriate Lox):
❑ owner of record ❑ le%see, operator, manager
❑ contract for deed owner ayrrement to purchase
❑ other (explain)
Ducunentary evidence of applicant's interest In the properly nay be
required before final city actiun on Oils request. '
PNOPERTY: address/general location Q�J�lJ�k7CD VrhySal� S4AAxftrn-.n
legal owner: name/address T)AcIy`N t:_kQ CnAAK F7
present use (check appropriate box):
❑ undeveloped ❑ business establishment
slnyle family dwelling D inJustrial estab] ishent
❑ duplex dwelling D apartments
❑ other (explain) _ _
C Z
xEQuEST: (exolain)
TO� >�iz_-K1i�,►��. _
I hereby declare that the a:+ove statemaus arc In.m
FOR OFFICE USE ONLY:
EASE FEES*
subdivision, major
($I50) ItA?
subdivision, minor
($75)
rezoning
($iO) — _
conditional use
(SSO)
varl.aca
(S50)
code appeal
OW)
subtotal
*Base fees In parenthesis are non-
refundable.
Park fold dedleatlon
date paid-
reccil,t a —
mgnature
AU017ICNAL FEES
r r appur t i ordw n t
public Waring notices
+t,mff, consult .nt revidvrs i JJ
,xiscclleneous
subtotal
TOTAL FEES S S O
date paid; -YS
receipt / 75-,
J. A. MENKVELD 6 ASSOCIATES INC.
1299 MISSISSIPPI ST.
FRIDLEY, MN 55432
571-4577
City of Moundsview
2401 Highway 10
Moundsview, Minnesota
Attn: Steve Thatcher
Attached are copies of a proposed lot split of Lots 21 and 22
Yoodlawn Terrace. It is our intention to split the existing
parcel into 4 parcels, the existing homestead and 3 new building
sites. Also at a future date the parcel containing the existing
house and 2 garages may be split into a fifth lot.
We would, upon approval of this lot split, construe: 3 new single
family ,-esidences on these newly created parcels. On the parcel
shown as "2" there is an old garage with an attached shed that
would be demolished and removed.
Sincerely,
J. A. MAe/naveld 1 Associat Inc.
i
Jr AMentvf Id
Pro
sident
JAfl::v
19
11
rT110 POSED
oF'- t.or 2.1�ZL
V�lsepl.%�,JnJ T,E,2fAa.E
s'
150'
IM'
rI /eerl•n �
1N
N_.
•. 56
ma
.�
``
�L.p7 ♦
- r.,r.R
Xtinvrf
tfT,
i iLn� elflt,rl,/+
tt
/� !i •+e i/ errs a,prl,�
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fe
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l it
r F.f^r"th
•
v.✓
I
LE
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RnS,
n,r 7 .;
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 144-85
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RECOMMENDATION TO THE CITY COUNCIL REGARDING MOUNDS VIEW
PLANNING CASE NO. 179-85, MAJOR SUBDIVISION (2 LOTS INTO
4 LOTS) AND CONDITIONAL USE PERMIT FOR 8085 WOODLAWN DRIVE
WHEREAS, J. A. Menkveld has requested City approval for a
major subdivision and conditional use permit for a 400 square
foot accessory building located at 8085 Woodlawn Drive; and
WHEREAS, this major subdivision and conditional use
permit, as requested, requires approval from the Planning
Commission and the City Council; and
WHEREAS, the Planning Commission has reviewed the major
subdivision ant' conditional use permit request; and
WHEREAS, the property owner has agreed to remove the
garage and shed located on proposed Lot 2 within ninety (90) days
of the plat filinn; and
WHEREAS, the property owner was notified that if proposed
Lot 4 is ever subdivided, there will be some restriction on the
time that the single 24 foot by 22 foot garage will be allowed to
remain on that one lot hefore a house is built on that lot; and
WHEREAS, if Lot 4 is ever subdivided, the accessory
building will need to be loratud a minimum of 5 feet from the
south property line; and
WHEREAS, the property owner has agreed to remove too fe--t
trom the 20 foot by [2 foot accessory building on proposed Lot 4
so that it will not eRceed the maximum 400 square feet required
for the building t3 be cl.ass;fie�' as ar, accessory building; and
WHEREAS, the property owner has agreed to remove the short
1
section of driveway to the roposed ac_essory building; and
WHEREAS, the Planning Commission has reviewed this
proposed major subdivision and it is in conformance with all
other chapters of the Municipal Code, specifically Chapters 42,
49 and 49A and State Statutes;
NOW, THEREFORE, IT BE RESOLVED that the Mounds View
Planning Commission recommends approval of this request for a
major subdivision and conditional use permit;
MOUNDS IIEW PLANNING COMMISSION
RESOLUTION NO. 191-85
PAGE TWU OF TWO
BE IT FINALLY RESOLVED that the Mounds View Planning
Comminaiuu JiteLL Staff fo:ws:d t.h.:_ .__^1ur;�., rr the City
Council prior to approval of the minutes.
Adopted this Ith day of September, 1985.
ATTEST:
Chairperson
(SEAL)
Director of Public Works
Community Development
h t✓ /
1
/1 NEW) TO: Mayor and Council
{I<�� FRUM: Finance. Director -Treasurer Brayer
DATE: August 28, 1985
RF.: MUNICIPAL CODE REVIEW, CHAPTERS 20 i 26
I have reviewed Chapters 20 h 16 of the Municipal Code and have
changes to propose. Proposed changes have been reviewed and
approved by City Attorney Meyers.
Chapter 20 Financing, Funding and Assessments
Chapter 20.01 Improvement Mond Redemption Fund, is proposed to be
deleted in its entirety. This was a common Bond Fund which was
used to pay all improvement bond issues of the City. Chapter
10.0il Hume Rule Charter, Chapter 26 Bond Redemption, was added
after adoption of the City Charter and requires a separate fund
be established for each new improvement bond issue. After the
cash deteasance of all bond issues in the Improvement Bond
Redemption Fund in 1984 the Fund was closed and this Chapter of
the Code may thus be deleted.
The first part of Chapter 20.011 Subdivision 1 made reference to
the Improvement pond Redemption Fund. That portion of
Subdivision 1 may be deleted.
Chapter 20.011 Subdivision 6 prescribed the form that improvement
bonds were to take. Minnesota Statutes 475.55 allows the bonds
to be certificated (the old form prescribed in this Chapter) or
non certificated (book entry). Those portions prescribing form
have been deleted. keference is made that the bonds may be in
form as provided for in Minnesota Statutes 475.55. ahou)r bonds
be sold Council would prescribe the form to be used in
resoli.tions approving the sale and other details of the issue.
Cnapter 20.011 Subdivision 7 has been changee to reflect the
different forms that the bonds may be issued in by deleting
references to the signing of the bonds and adding that they shall
be executed as prescribed by Minnesota Statutes Chapter 475.
Chapter 26 Public Improvements
Chapter 26.045 Subdivision 1 (Ill was added to allow the Council
more flexibility in the types of projects which may be authorized
by incorporating reference to projects authorized by Minnesota
Statutes 429.021.
The percentage payment allowed on the Engineer's estimatC was
changed trum 9U% to 95% in order that our practice be consistent
with other city's practices in this regard.
August 28, 1985
Page 2
A requirement of written nc:tice on an appeal of an assessment was
added to Chapter 26.10 Subdivision 1 in order that the City be
made aware ut an appeal prior to or at the assessment hearing.
This provision makes the City aware of an appeal early in the
process and could savc the City a sobStantiAI Amnnnt of rime And
money.
City Attorney Meyers advises that the phrasu " ..or if three days
notice thereof be published in the newspaper", is not necessary
and may be. deleted trom Chapter 26.10 Subdivision 2.
The added language in Chapter 26.12 makes this Chapter consistent
with the requirement in Chapter 26.10 Su4division 1 that written
notice of an appeal be required prior to or at an assessment
hearing.
Subdivisions 5,6,7 i 8 have been added to Chapter 26.13. These
subdivisions allow the issuance o` temporary improve,nent bonds
and include provisions of Minnesota Statutes which pertain to
investment of proceeds of temporary impro,ement bonds and
reference provisions of the Federal Limitations Act whic'i I
understanu apply to us w'iether they are included in our Code or
not.
Chapter 26.14 provides that the costs of certain City servi,:es
may be assessed against property owners. Additions to this
section would allow the property owner the option of performing
the work by himself or herself. '_n addition the property owner
would he given the option to pay charges prier to the assessment
roll being adopted should the property owner choose to have the
City pertorm the work.
Chapter 26.24 made reference to provisions of Minnesota Statutes
444.075 and specific ammendments to that Chapter. Reference to
those specific ammendments has been deleted and the phrase
as ammended from time n) tome, are hereby adopted cy reference",
nas been added.
Di,vuiU1 j" "zve ?^; Iuestior& please do not hesitete to contact
me or City Attorney Meyers.
DB/ds
Attachments
cc. City Attorney
Clerk -Administrator
Director of Public Works/Comm Dev.
CNAP'rKk io
FINANCING, YIINDINd AND A5SESSNBN'f5
_-----dtl:tllr--fMPNNVNMNM'f-IMfMM-RNNhMP'f}tlN-PtlNBr---------------"-
______-,y uhdtvtwt^n-}r-_E reeltenr -�herr-tw-hereby-erfeted-•------
aepereee-anA-wpeete}-fnnA-dew+gneced-es-the-}wptevewent-Bend-----
ReAewptten-rood rrhteh-thy-+rresnr.!r-whelt-wetnlefn-en-the-sf4t--
ete}-hooka-end-reeeede-e+-the-wnntetpe}t!r-and- ds dtreeled-br-
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ehe-rennetl tn-he-P°r°nle'thrrefrem-ere-anlalendtngr--ghts-fond--
ehet+-he-nerd-le-Per-Prtnetpaf-enA-tnlrrese-en;r-en-genres!---
geeten-tepeevemenc-hendw-tewned-ee-ftnenee-tmprevemenes---------
4netftnled-nndrr-Mfonce^!e-tile+nles-l95ar-ehapter-l�9r-°°------
ewenAedr-rr-enr-fnenre-stelnlerr-er-ehereer-prevts:ens-emending--
er-enpP+omen!tog-lhas-rheplrr-er-alhrrrtae-enlhetatwg-fiesw______
t�+nonce-eF-generef-^hftgnitnn-bench-parable-pelmeetlr-
epretef-essrewwrnesr-•rhrlher-tw-thele-er-tn-perlr--!!-eheli-be---
nsrd-fnt-ne-elhrr-pnrpewe-exreplr-when-a!!-aneh-prtsndteP°ef-from--
tnlcrew!-dnr-hour-horn-Pe+d-to-fn!! r ee-roper-anY-
eehrr-fnnAe-rased-ley-sorb-permenesr--ghe-fond-mer-be-tnvesled-ln-
eeeerdnnee-r+eh-Mtnnrerte-5telnlea-}q;fir-geelten-14�r66r-er------
emendelery-er-snpplewenterr-eeear--Anr-belenee-eewetntng-efler- -
e}}-bends-perab}e-!beer.!real-hetir-brrenere}-fonds--!--- dote-!_-^d
redermrA-wnr-be-!reneferred-co-lhe-g
--Snbdtvtsten-ir--}xl�eveee_ t-Pr*day--A-°°Per°!e-4rnd-shs!}-
else-br-erected-for-reek-iwprevesenl-er-eewwnitdeled-gtenp-el----
:wprevrmrnew-le-br-ftnenerd-br-en-!mono-el-snob-bondet-e^d-s}}___
eelleee:ens-ef-epeete+-eserstwenls-end-loxes-}evted-for-0ee------
twprevement7-end-e}}-hand-preeeeds-end-any-ether-mantes-eppre----
pr+coed-e'�errle-br-oboehen-extenwes{efbeheetwprevement4f:ne}nd:ng-
nseA-safe}r-ce-drfrer- P
}rat rest-erd-peteery!eertee�fhe-nn•fir^nntt!-the-tmpr6vr ant-t6--
preeeeds-e r.-app p td-tn-fo}}r--ghereopen-lMe---
eewpleted-end-the-coal-thereof-ts-pe b°}epee-e4-bend--
twprevemrne-fnne-she}l-be-dtaeenbte:lrensfrreednee-she-lrM-s4-----
preeeeds-memetn+rag-fhreein-war
Redempltsn-rnndr----'--""once-rr-:mprevrmen!-etmtlarlr-tneefenledr-tf-ae-dtreeeed-by-lhe--
eennet{r-bnl-ell-mentew-nel-se-lreneferted-end-e!!-srbsegYenl----
ee}fore-one-ef-eetd-sp°rte}-eesnwemente-en--texas-she---►e_petd__
tole-lhe-}wpeevrmen!-Bend-
-- Mdtvfaten-ir--gnx-6ev+rer--before-the-del-to_be_pdyeb---
tin — the-Prone!}-le-be-pareble-
tswne-ef-tmprevemenf-bends-dtreeled-br- 7_,•_
from-the-}nlprevewent-bend-Redewpeien-Pond-lhe-tlennet}-she}!-b
rrselntten-ewttniece-she-epprrxtwete-prfnetpef-eweone-ef-speetY!__
eeeeaywenes-ee-br-+ev:ed-tee-eseh-illprevewen!-ftneneed-!beech
end-eppreprteled-le-lhe-Redrwplten-Pond r-lhe-nnmbe.-ef-twele!l---
wents-lherrelr-end-Rhr-rote-nf-foeere°!-le-be-eherged--pen------"
-----------------------------------------------------------2NrN}
Melrrrrd-4nsee}4mentar-end-ahs44-4evyr-4f-neeesearyr-e-genera}-atl
va4orem-tax-upon-e44-faxeb4e-property -r4thtn-the-muntetpe4ttyr-to '
be- spread -upon - the- tam -re44s-for-eaeh- year -ef-the-term-ef-the----
bondar-*n-emonnes-tat-e44years-eaeh-that-4t-ee}}eeeed-4n-fo44---
they r-together-wtlh-thr-laxrn-lherelnlerr-}ev4ed-end-eppreprteted
te-the-Redemption -Pond r-p4es- the -eat *mated-ee44eettene-of -setd---
spee:e4-essessmenle-end-ef-a44-ether-speete}- assessments- thereto-
fore -p4edged-to-the-Redempl4en-Pnndr-wl44-prednee-at -4east-fois- -
per-eent-*n-exeena-nf -the 'amount needed to meet when-doe-the-----
prtne4pe4-end -tnteren!-payments-en-sweh-bends-end-en-a44-other ---
lhan-awletendtng-bends-whteh-era-psyeb4e- from- the -Redemptten-----
Pnndr--A44-anrh-lex-4rv4es-nhe}4-be-irrepee4ab}e-exeep!-that-tf--
the-eewne4}-*n-any- year -makes -en-trreveesb}e-appreprtetten-le-the
tmprevewen!-Nend-kedrmpt4en-Pwnd-ef-mantes-eelns43y-en-bend-fraw-
seurees-ether-then- the- spee4a4- assessment s-and-laxee-hereto------
referrod-tor-or -*f-there -is-on-hand -any-exeess-amount-4n-that----
luner-the-mnn4elpe4tly-rreerrrs-the-r*qh!-le-eerltfy-le-the------
8ennly-Andtler-the-feel-end-emeon!-lMereef r-end-le-request-the---
Aud4ter-to-redoee-by-the-smennt-se.-eerltf4ed-the-amens!-elherw4ee
!e-be-4ne4tided-4n-the-lox-re44s-next-thereefeer-preperedr--------
------- 6obdtvtsten-4r--Eerltf*eat ten-e4-bev4esr-•-the-84erk-------
Adw4n4oerater-4a-dtrerled-le-ft}e-e-eerltfted-espy-ef-lh4s-------
erdtnener-tn-the-e4ftee-of-ehr-teenly-And4ler-ef-Reweey-8ewalyr--
end-prier-ee-she-de}every-ef-eaeh-sertee-ef-:mpeevewene-bends----
payeb4e-frew-the-}mprevemen!-bend-Redempl4en-Pwnd-the-84erk------
Adwln4nlreler-she}}-e4ae-f44e-rtlh-ee4d-8ennly-And4ler-a--------- '
eerltfted-espy-ef-she-rase}Helen-aoehee:clog-eaeh-bends-sad------
4evy4ng-s-tax-far-the-yeymene-lhereef r-legether-rteh-4n}}________
tnferwalten-regerd4ng-the-bends-fee-wh4eh-the-tax-4evy-regwlred--
by-4aw-hes-mader-end-ne-fwrlher-selten-by-the-muntetpa4tty-eha}}_
be-iegw4red-te-eether4ee-the-extenstenr-sesessment-end-ee44eetten
ef-said-sex rbw!-the-Andlter-ahe44-annual ly-assess -end-extend----
open-the-tax-re44s-the-amount-spee4fted-to-sneh-rese}otter-for ---
eeeh-yearr-nn4ese-the-erennt-hes-bran-redneed-es-anlhertsed-ta---
6obdt+totoe-3r---------------------------------------------------
-------9nbdtv4sten-5---P}edge-ef-8redter--yhe-fn44-fe4lh-end-----
ered,t-ef- the -mum tetpe44ty-sha44-be-end-ere- hereby- p4edged- for ---
the--prempt-and -fn44-payment-ef-the-prtnetpel-ef-sad-tnleresl-en--
e4}-twprevrmene-bends-mete-peysb4e-from-the-4mprsvemsn!-6sad-----
Redempttan -Pond r-end-the-8ewne44-eha44-pey-sash-pv4ne4ps4- and ----
tnlcreae-one-ef -any-fend-ef-♦he-mwntetpa4tey-lf-ever-the-emeonf--
ered*eed-te-she-Redempeten-Pond-is-:nanff4elan!-far-aneh-pnrpesr�
and-sha44-eaeh-year-4evy-a-setfletes!-awewn!-le-weal-say-aeenmu--
4eeed-er-ent4e4peted-defteteney-ln-that-Pnndr-wh4eh-4evy-she:4---
net-be-subjeet-ee-any-sceeneery-er-ehareer-lax-44mtlst4enr--the--
prevtstene-ef-Mtnneseee-Nletueea-495ar-Neet4ens-Ia5r6l-end-•i5ra4
are- hereby-eekner4edged-to-be- and -are -oft 4Pined- as-eevemenls-ef---
ehe-mwn*e4pa4lty-w4eh-she-he4dees-of-a44-aneh-bends-fry-l4me-le-
ttme-eneslandtnhr------------------------------------------------
---------------------------------------------------------iarOi
------- Sub dtvtsteA-6r--fw,Lrnyewen!_bendsT--twprevewent-beds-le--
be-cede-peyeb4e-lrnw-lhe-twprovewen!-Band-Redewplien-Prod-way-bs-
preeeeed-+er-croon!ten-4e-sobeleneis44y-lhe-fe44er4nq-4enr-r4lh-
met tab4e-vartee4ans-ee-ea-dele-af-tssue►-waturttyr-4nlersa!-pay--
,Rem !- date sr-redewpt *on -privi4eger- Rev* e4-dea4gnel:en-end-nrwMr--
end-nther-detet4sT-----------------------------------------------
--------------------- NNfPHB-4%FAPNH-BP-AMEN +EA--------------------
------------------------ S'TA48-BP-MtNNBBtlyA-------- -------------
-------------------------BHBNpV-tlP-RAMHBV------------------------
----------------------- efyV-BP-MBBNBB-V+sW-----------------------
-------------------------fMPRHVBMHNP-bBNB------------------------
NOT--------- ----------------------------------------------- fiTeee
------- *NOW -A66-NHN-HV-iHBSB-PHHSRNTS-lhe+- the -etly-of-Nennde----
V:err-a-wnntetpe4-eerperel4en-nt-knwsey-ennnlyr-Mtnneseler-hereby
eekner}edgre-ilse4f-le-be-indebted-end-4er-vatne-received-pee----
a4ses-te-pay-le-bearer-the-sow-Of--------------------------------
----------------------- BNB-THOUSAND-BBbbARS----------------------
en-ehe-4trse-de e4----------------- 4y_r-4rilhent-epl4en-of----
prtar-peywent+-Derr-tf lh4s-bend-is-prrpeyeb}e-aa- noted- be4err-OR
e-prier-Bete-en-rhteh-:e-eha4t-hove-been-do4y-ee44ed-4er---------
redewpeien+r-end-te-pay-4ntereet-thereon-at-ehe-role-et----------
per-rent-+-----lf-per-ennow-from-ehe-deep-hereof-nne44-cord-per
e4pe4-sow-4a-pe4d-+er-nnl44-lhts-bendy-t4-peepeyse}e-:s-do4y-----
ra44ed-ter-redewpt4n"ir-+end-et-the-add4l4enet-role-e4-----------
pee-cent-f-----li-Per-ennnw-trew-_-------7_0=r-ts------
---------------r-49---+r-rhieh-Interest- a-payab}e--------------r
}9_r-sod-ee -ennoa44y-lherrefeee-en-----------------and-------
----------------4n-eeeh-yeerr-intrres!-le-walnr !y- tag-peyeb4a-
tn-eeeerdenee-r4lh-one-open-prrsentel4en-end-anrrender-ef-the----
tnlores!-eanpens-eppnrlenent-hereee-+eensiat:nq-e4-eve-setsT-ene-
rep!,es•+nt4nq-Interest-el-the-baste-rate-staled-above-trew-date-tf
tssne-le-welortly-end-the-etherr-desfgneeed-es-•B�-eanpensr------
represrne4nq-tntereee-ee-ehe-eddit4nne4-role-end-for-eht-4tr.:led-
per4ed-seeled�r--Beeh-pr4netpr4-end-tnteree!-ere-psyab4e--el ------
--------------- t-tn---------------- r in-5ny-en-et-eneeeney-ef--
!he-ynfeed-Beelea-ef-Awertee-rht� -on-lhe-ees elf va-dalaa-sE----
peywenl-in-4ege}-tender-for-pobtte-and-pr4vaN-debNr--Wr-lM---
prewpt-end-fn44-peywenl-e4-card-pr4neipat-end-ineereal-aa-lM----
sewe-beeewe-due-toe-fo44-feahr-eyed+!-and-coring-perers-el-sa4d-
Etly-ehett-be-end-ere-hereby-:rrevreeb4y-p4edgsdr----------------
-------lhts-bend-ta-one-e4-e-sr.rtrs-In-the-aggreqeee-prine:Qei---
aseanl-ef-i-----------ereept-es-te-aee4et-nnwber-end-watnr4ey----
+tnleres!-rate-and-redewpttan-----------re}}-e4-41ke-dale-end---
tener-prtvi4ege4r-4ssoed-by-said-Poly-purseant-te-e-reee4oeien---
do4y-edepted-by-the-etey-Beone44-fee-the-pnrpaae-ef-pay:nq-eests-
ef-neeessery-4eee4-4wprovewenta-rtth4n-ehe-84tyr-end-4s-tssued---
porseent-le-end-4n-ln44-eon+erw4ty-rtth-the-8enst*tolien-end-4ers
----- -- ---- ---- -------- --- -- ----it)r 04
et-the-S!e!e-a4-Minneaece-lhereon!e-eneb+tngr-tneindtng-Mtnneaete
6laeulea-{95ir-ehepeer-IW9r-es-emendedr--9h4s-bend-+e-payebie----
pr4ser+iy-lres-lhe-}mpeevemen!-Send-Nedemplien-Pund-ef-the-e4trr-
eeeeeed-by-Errd4nenee-Ner-----r-by-lAe-eenne4{-4s-requ4red-by-{ew-
!e-per-the-pe4netpe+-anA-+nlereac-ehrreef-ene-e4-enr-fund-e4-the-
e4lr-44-ever-the-esann!-eyed+tetl-ee-Bard-frond-sheu{d-M-lneuffi-_
etent-fer-such-purgeser-----------------------------------------
-------+Bends-ef-eh4a-ser4ee-macur4ng-4n-the-rears-{9---- threugh-
i9----
are-nae-sub�ee!-le-eedempeien-pr:er-te-meenr4trr-bul-lhees-
malwrtng-tn-the-rears-+9_-ehrengh-i9_ ere-oeeh-sabject le-- -
redempl4en-end-prepayment-se- the -apt 4en-ef-the-et ty-en---------- r
{9---r-end-enr-inlrreet-psymen!-date-eherreflerr-in-----�f
!Aetr-ser:e4-nnmbeesr-end-el-a-pr4ee-ef-per-end-seerned-4nleres!-
p4us-e-prem4em-e----------------- r--Net-{ess-than-thirty-days----
befere-the-date-spee4fted- er-prepareen!-and-redemption-ef-any-ef
acid-bnodor-lhr-Eiey-rot++-mei+-e-nel4ee-ef-the-ee+4-thereof-ce---
!he-Ae{derr-tt-knernr-end-ee-ehe-bank-el-wnteh-pe4netpe{-and----
4nlereae•are-ekes-peyeb+es--Bandhe{dens-desie4ng-le-reee4ve-sueh-
nec4ee-say-reg4gler-!heir-names-end-addressee-end-the-serie{-----
nnsl+era-nhthef r-bench-rich-tnr-ttty -'f rye anrerri--------------
-------f9-zS-HBRBBY-@BR�fP}BBr-RE@{i8B-eHIRNAN�BB-ANB-'6RBBB-!he!
s{{-ettar-eend4liena-end-eh4ngs-regnired-ly-the-eensl4lnl4en-end-
+ere-ef-the-Seele-el-Minnesete-te-be-dener-te-exiaer-le-happen---
end-ee-be-perferaed-preeedene-ee-end-in-the-ve{id-4aenenee-of----
!h{s-bend-have-been-dener-de-ex4ser-have-happened-end-have-been--
p.rfermeA-in-regn+er-end-doe-4ersr-lice-end-Benner-as-se---------
requiredt -that -prier-te-the-tssnenee-hereof-the-@tty- has- +evied--
npen-e}{-eexeb+e-property-roilh:n-4la-eerpereee-{4s4es-e-direetr--
ennue4r-aA-ve+ores-lax-fer-the-yens-end-4n- the - amounts- regn4red-
sat d-Redempt4on-Pnndr-te-praduee-suss-net-{ess-then-5i-4n-exeess-
ef-the-ennne+•emeanln-ef-prtne4pe+-and-4nterest-te-aeeame-doe----
npen-the -bonds -ef-lh4a-tsane-end-a44-ether-Bends-peyeb4e-+ram----
heir-Netlempe4en-Pnnd;-lhet-add4tiene+-laxeer4f-�eeAed-fer-the-
------------•-
permene-e4-eetd-prineipe{-end-tnlcrear-may-be-}ev4ed-npea-such--
preperlr-wteheue-{tmitee+en-ae-le-eeee-er-emennit-end-that-lhs--•
4aeuenee-of-th4s-bend-dsd-net-canoe-rho-:ndebeedness-ef---
!e-exeed-any-eenslilul+ene+-er-slateeery-+imilse4enr-
-------}N-WETNESS-NNBRBHP-the-e4ty-ef-mounds•V4ewr-Ramsey-eennlyr
M+nneeelarby-4ta-�4er-ennnei{r-hem-canard-this-bend-re-be-axe---
euled-4n-4ls-beAe+4-by-the-+tees{mt4e+-s4gnature-el-4ts-Meyery---
eeunters4geed-by-the-tierk-Adm4nisereter-ene-the-eerperale-efei--
!e-be-affixed-hereter-end-the-eppurtenen!-4nteree!-eeupese-to-be-
exeeuled-end-eneherlteeeeA-by-ehe-lees+ei+e-signaler---ef----
e444eerar-end-has-eewsed-this-bentl-le-be-doled-ae-ef--------------r
49---r-----------------------------------------------------------
eenntere4gnedr---------------------------------------------------
k{erk-Admtns4tr6ler---------------------------------------------
------------------------------------------------------- mayor -----
+See4+-----------------------------------------------------------
+Perm-e4-eaupen+------------------------
-----------------------------------------------------------2Hrb4
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et ----------------- the -aam- ef----------------- OOEEARS-ter--------
4nletea!-lhen-Ant en-tls-}n�prevrn�en!-bend-doled----------------r-
49--- I -Nor-------------------------------------------------------
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8}erk-Admtntstreter-----------------------lfeestn�:}e-a:gnelnrel--
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emeuntsr-maturtttes-eeeh-issue
ef-tn�pteven�rn!-bend!-e�eee-pereb}e-fre�n-lhe-}n�preven�ent-bend------
Reden�pcton-Pend-she}}-be-eeleB}tshed-br-lhe-Eennei}r-br-rose}n---
lien�-end-an r.h-Adnns-she++-br-teyeed-end-!e}d-nryen-sneh-terMe-ea-
atr-derTed-br-Me-Punnet}-trn�n-et�ne-en-lt�ne-ee-be-reeseneb}e-end-
tn-the-heel-tnlerrees-ef-the-Mnntetpe+ter-and-ewnera-ef-preperer-
subieet-to- speeta4-assesnment:--npen -the -aa4e-e4-eeeh-tasue r-the-
bends-she++-br-prrryerrA-fe+r-exrrnttnn-nndrr-thr-direetten-nf-lhe-
E}erk-Adn�tntalreeerr-she}+-be-exernted-br-the-stgnetnres-of-lhe--
Merer-end-E}erk-AdTtn+sere!err-of-whet-enr-ce-}east-she}}-aten---
n�ennn++r-enA-ehe-ntnrr-n�er-enf hnrie �-ehe-nee-e4-his-prtnledr-- --
+tthegrnphrd-dr-!ogre vr�l-terstTt+e-stgnernre r-end-th r eerperele--
see}-e4-lhe-Mrnte:pe+ter-she-!}-be-e44ixed-te-eeeh-bend-end-ehere-
' she}}-be-efleeheA-!hereto-!!opens-ev:denetng-ehe-tnterese-pereb},.
frewl-dele-et-}sane-te-n�elnr}!rr-rxeeneed-end-enlheneteeeed-br-lAe
prtnerdr-+tlhegrephed-er-rngrevrd-teestntte-stgneeures-ef- the ----
Merer-end-E}erk-AdT4nta!rater:--Nhen-exeeneedr-lhr-bends-ehe}}-be
de}ivered-br-lhr-frresnrrr-le-ehe-pnrrhesr r-!hereof r-npen-pe rn�e nt
et-lhe-lgreed-pnrehese-prteer-one+-lhe-pnrehesrr-ehe+}-nee-be-----
eb}tgelyd-en-ere-ee-the-epp}teetten-e4-lhe-bend-preeeedsr--------
-------tinbd:vtsten-tl;--Antheneteelten-e4-Wrsnsertper--the-efft---
eers-et-the-Mnntetra it -rod-enr-cooner-And4ter-ef-Ramser-Eennlr-
she}+-preryere-end-enrntsh-to-ehe-pureheser-ef-eeeN-sertes-ef-sneh
Bands-eerett:rd-eortrs-et-ei}-prererrtngr-end-reeerde-re}elt�g-ee
ehe-enlher•,rettnn-thereof-end-snrh-elhet-eeretfteetee-end-efft---
devtte-ns-en-n�eterra-shorn-:tr-the-re.rends-tn-lhetr-euetedr-er----
ethrrwtae-knarn-ee-lhen�-ns-war-Ae-rrgnteed-le-ev:nenee-ehe-------
ve+tdtcr-end-�nerkeeebt}t!r-e4-lhr-bender-end-e}I-sneh-deetimenla•-
she}+ -Be -e rrmrd-rrprr senteetens-ef-the-Mnntetpe+tty-ea-le-the----
retreethesn-ef-a+}-sloe!n�rnls-lhrrrtn-tentetned:--lbrdtnenee-6tl1
2U.UlI HUMF RULF. CHA_RTt:R, CHAPTER 2b, BUND REDEMPTIUN
FUNDS.
------&nbdtvtntnn-+---freelten:--Prevtens-te-ehe-edepeten-of-lhe
-
- -
Hnn�e-Nn+e-therlr.r-end-Ehnpine-26-e4-ehr-Mnntetpe}-Ee-genera}--
nb}tgelton-4wtpreve�nrn!-Bends-have-Been-tsserd-br-lhe----------
Mnntrtpe+ttr
20.011
tm-1 to a nee-fmryr dvrmrnly- fnsttlaled-nnde r-M t n neadle-St at a lee-----
f9s4y Eheryeer-I;tYr-and-rheplr r i0rb+-wee-adapted-eatah+tahtng-a--
separate -end-speete}-+and-dratgnnlro-ea- the -improvement -bend-----
Yedrmptt«n-lands-whteh-Shett-rnntinde-tn-ex+atenee- oft tt+-the-----
fmpretvrmrnt!+-r«mp}elrM-therm n�frr-nod-the-enat-eAereet-have-been-
perd-tn-+a++-wheredpdn-Seto-+ands-a Old 44-be -dtaednttAWed r
There is hereby created a -Separate-and-apeete} fund
deslgnated as the Mounds View llnmv Hula Chattel. Chapter 26,
Improvement Bond Redemption Fund, which the treasurer shall
maintain on the official bexiks and records of the Municipality
and administer in accordance with this Chapter, so long as any
bonds directed by the Council to he payable therefrom are out-
standing. This fund shall be used to pay principal and interest
only on general obligation improvement bonds issued to finance
improvements instituted under the Mounds View Home Rule Charter,
as amended, Chapter 26 of the Municipal Code, as amended, or
other statutory or charter provisions amending or supplementing
the Home Rule Charter or otherwise authorizing the issuance of
general obligation bondF payable primarily from special assess-
ments, whether in whole or in part. It shalt be used for no
other purpose except, when all such principal and interest due
have been paid in full, to repay any advances from other fund,
used for such payments. The fund may be invested in acc,)rdance
with Minnesota Statctes 1957, Section 475.66, or amendatory or
supplementary acts. Each bond issue authorized hereunder, and
the ImprovemenL Bond Redemption Fund created thereby, shall be
separate and any balance remaining in such sepa-ate fund after
all tK)nds payable therefrom have been duly paid with interest and
redeemed may be transferred to the general fund.
Subdivision, 2. Improvement f'L.nnS. A separate fund shall
a+ee be created for each improvement or consolidated group of
improvements to be financed by an issue of such bond; and all
collections of special assessmentF and taxes levied for each
improvement, and all bond proceeds and any other monies appro-
priated trereto by the Council shall be held in such fund and
used solely to defray the experses of the improvement (includinC
interest and principal, it any, oecoming due on oonds whore.
proceeds are appropriate to the fund), until the improvement is
completed and the cost thereof is paid in full. Thereupon, the
improvement fund shall be discontinued, and any balance of pond
proceeds remaininj therein may be transferred to the fund of
another improvement similarly instituted to be used for debt
service, or to the general fund, if so directed by the Council.
Subdivision J. Tax Levies. Before the delivery of any
issue of imps wement bonds directed by the Council to be i)ayable
from the Improvement Bond Redemption Fund the Council shall by
resolution estimate the approximate principal amount of special
2U.011
assessments to he levied for each i,npn,vvment financed thereby
and appropriated to the Redemption Fund, the number of install-
ments thereof, and the rate of interest to be charged upon
deterred installments, and shall levy, if necessary a general ad
valorem tax upon all taxable property within the municipality, to
be spread upon the tax rolls for each year of the term of the
bonds, in amounts for all years such that if collected in full
they, together with the taxes theretofore levied and appropriated
to the Redemption Fund, plus the estimated collections of said
special assessments and of all other special assessments there-
tofore pledged to tlm Redemption Fund, will i1rJ uce at least fivc
per rent in excess of the am#)unt needed to meet when due the
principal and interest payments on such bonds and on all other
then outstanding bonds which are payable from the Redemption
Fund. At. such tax levies shall be irrepealable except that if
the Council in any year makes an irrevocable appropriation to the
Improvement isond Redemption Fund of monies actually on hand from
sources other than the special assessment sand taxes herein
referred to, or if there is on hand any excess amount in that
fund, the municipality reserves the right to certify to the
County Auditor the fact and amount thereof, and to request the
Auditor to reduce by the amount so certified the at -count otherwise
to be included in the tax rolls next thereafter prepared.
Subdivision 4. Certiltcation of Levies. The Clerk is
directed to file a certified copy of this ordinance in the office
of the County Auditor of Ramsey County, and prior to the delivery
of each series of improvement bonds payable from the Improvement
Bond Redemption Fund the Clerk shall also file with said County
Auditor a certified copy of the resolution authorizing such bonds
and levying a tax for the payment thereof, together with full
information regarding the bonds for which the tax levy required
by law has made, and no further action by the municipality shall
be required to authorize the extension, assessment and collection
Of said tax, but the Auditor shall annually assess and extend
upon the tax rolls the amounts specified in such resolution for
each year, unless the amount has been reduced as authorized in
';ubdivision 3.
Subdivision 5. Pledge of Credit. The full faith and
credit oP the municipality shall be and are hereby pledged for
the prompt and full paymont of the principal of and interest on
all improvement bonds made payable from the Improvement 3ord
Redemption Fund, and the Council shall pay such hrincipai and
interest out of any fund of the municipality if ever the amount
credited to the Redemption Fund is insufficient for such purpose,
and shall each year levy I sutticient amount to meet any accumu-
lated or anticipated efficiency in that fund, which levy shall
not be subject to any statutory or charter tax limitations. The
provisions of Minnesota Statutes 1957, sections 475.61 and 475.74
are hereby acknowledged to be and are affirmed as covenants of
the municipality with the holders of all such bonds from time to
time outstanding.
io, of 1
Subdivision 6. Improvement bonds to be made payable from
the Improvement Bond Redemption Fund may be prepared for execu-
.
tion in-enhwnlenite{{y-lhe- M{{ertnry term, as provided for in
Minnesota statutes 475.55 with suitable vdriations as to date of
ssue, maturity, interest payment dates, redemption privilege,
serial designation and number and other details t .
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shwa+d-be-tnenttteteA!-ter-sreA-perposer-------------------------
-------tBwnAA-of-lhte-series-melretng-to-lAe-years-+9---- thrergh-
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redemptten-end-prepayment-e!-the-oPltan-of-lha-oily-en----------r
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at-thetr-Berta+-numbers r-and -at -a-prtee-ef-par-and-eeerved-------
*nlerns!-pica-a-pram* nw-ef----------- r--Nee-fees-then-thtrty-days
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setd-bwnder-the-Ftlr-rt++-me•+-a-nottee-at -ehe-ea++-thereof-le---
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happen-and - to- be- performed -tn-regu+er- and -doe-formr-1*me -and -----
manner-es-se-regatred r-that- prior- te-the-tssoanee-hereof-the-eity
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assessment a-+evted-end-to-be-+ev+ed-for-said-tmpr.tvemenls-and ----
appreprteeed-te-Setd-Nedewplten-l+undr-le-prednee-sours-net-}ass---
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------------------------------------------------------- Mmrir-
(Seel)
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--------------- r-49--- r-Ner--------------------------------------
FPaesim4le-seq aerre4--------------------------------------------
e4ty-E4erk-------------------------------------------------------
-----------------------------------------4Paesem44e-signatsve4---
Mayor
Subdivision 7. Sale, Execution and Delivery. The
amaunts, maturit tea y, interest rates and other terms of each
issue of improvement bonds made payable from the improvement pond
Redemption Fund shall be esta,)lished by the Council, by resolu-
tion, and such bonds shall be issued and sold upon such terms as
are seemed uy the Council from time to time to be reasonable and
in the bast interest of the Municipality and owners of property
subject to special assessment. Upon the sale of each issue the
bonds shall be prepared for execution under the. direction of the
Clerk r and shall be-exeertec'-by-the-s4gneleres-e4-the-Mayer-end
eterkr-e4—wham-ene-ee-teeee-sha44-etgn-meneetty-end-eke-ether-say
Prehe�tee-ehe-rse-at-hte-prtnledr-t4ehegeephed-er-engraved-4ae---
stmtte-stgnalrrer executed as provided for in Minnesota Statutes
t75, and the corporate seal of the Municipality
s- — hall be aF�ed
to Pact. bond. -end-ehere-she3t-be-attaehed-tl►erete-eeapens-------
ev4denethg-the-:neerea!-payebte-Erem-ehe-deee-ef-ieaee-ce--------
metrr4tyr-exeeeted-end-adthentTeated-by-the-pr4needr-It thegrephed
er-engraved-iaentmt4e-stgnature3-ef-ehe-Meyer-end-eierkr When
executed, the bonds shall oe delivered by the Treasurer to the
purchaser thereof, upon payment of the agreed purchase price, and
the purchaser shall not be obligated to see to the application of
the bond proceeds.
Subdivision 8. Authentication of Transcript. The offi-
cers of the Municipality and the County Auditor o Ramsey County
sha!1 prepare and furnish to the purchaser of each series o: such
bonds certified copies of all proceedings and records relacing to
the authorization thereof and such other certificates and affi-
davits as to matters shown by the records in their custody or
otherwise known to them as may be required to evidence the
validity and marketability of the bonds, and all such documents
shall be deemed representations of the Municipality as to the
correctness of all statements therein contained.
(Ordinance )
26.01
CHAV'1't:R 26
PUBLIC IMPROVEMENTS
26.01 Title and purpose.
Subdivision 1. Title. rhis chapter will he km,wn,
C.ttea and referred Lo as Lhu •M.,unds Viuw public ITpr3vcment
Code", except as reterred to herein, where it shall be known
as *this bode".
Subdivision 2. Purpose. It is the purpose of this Code
to provide the procedure for initiating, construction, main-
tainimd, and tinanetn.l Incal improvem,•nts and the imposition
of special assessments.
26.U2 Authority. This Code is enacted pursuant to the
Homa kule Charter of Ihv City „t Mou'uis Vivw (hereinafter
retcrrcd to as LPe "Chan Ler"1, Chapt,•r 8.U1.
26.03 Definitions.
.Subdivision 1. For the purpose of this Code the terms
defined in this section shall have the meanings ascribed to
them.
Subdivision 2. "City" .neans the City of Mounds View.
Subdivision 3. "Council" nears the City Council of
Mounds view.
Subdivision 4. "Clerk" means Chu Mounds View :lerk
Admin;strator.
Subdivision S. `iu,P,..v.:^env• means any t:•pe of
improvement made under authority granted by the Charter or
state law.
Subdivision 6. "!.ocal improvements" shall mean a public
vnprovem,.nt financed partly or wholly from special
assessments.
Subdivision 7. "Newspaper' means the official
newspaper ut the City.
Subdivision 8. "Newsletter" means a letter published by
the City at regular intervals at least six times each year.
Subdivision 9. `Street• means any street, alley, or
.,Ll,er public way, or any part thereof.
26.03
Subdivision lu, of her t.•nns nh.ill h.ivo the meaning
ascribed to them in the Charter or other provisions of the
Mounds View Municipal Code, where applicable or consistent.
26.04 Improvement, Counct! powers.
Subdivision 1. Lmkrovements authorized. The City
CounciL shall have power to make the following improvements:
(l) To acquire, open, and widen any street, and to
improve the same by constructing, reconstructing,
and mainraininq sidewalks, pavement, gutters,
curbs, end vehicle purkun3 +trips of any material,
or by grading the same, including storm sewers or
other street drains and connections from sewer,
water or similar mains hi curb lines.
(2) To acquire, develop, construct, reconstruct, extend
and maintain storm and sanitary sewers and systems,
including outlets, holding areas and ponds,
treatment pl.oits, pumps, lift ,'tations, service
connections, and other appurtenances of a sewer
system, within and without the corporate limits,
(3) To construct, reconstruct, extend and maintain
steam heating mains. '
(4) To install, replace, extend and maintain
streetlights and street lighting systems and
special lighting systems,
(5) To acquire, improve, construct, reconstruct, exten-I
and maintain water works systems, including mairs,
valves, hydrants, service connections, wells,
pumps, reservoirs, tanks, treatment plants, and
other appurtenances of a water works system, within
and without the corporate limits.
(6) To acquire, improve and equip parks, open space
areas, playgrounds and recreational faciiities
within and without the corporate limits.
(7) 'ro plant treys on streets and to provide for their
trimming, care and removal.
(6) To abate nuisances and to drain swamps, marshes and
ponds on public or private property and to fill the
same.
(9) To construct, reconstruct, extend and maintain
dikes and other flood control works,
26.04
(10) To construct, reconstruct, extend and maintain
retaining walls and area walls.
Ill) Other improvements authorized_Minnesota Sta
--- r� from tine to time.
Subdivision 2. Combinlnh Imorz o` ve_ menu• An
types of
improvement on two or more streetti ui t.o oc Wore
Improvement in or on the same street or streets or different
streets may be included in one proceeding and conducted as
one improvement.
26.05. PROCOJRF..
Subdivision 1. Petitions Hearings. All local
improvemeols to be paid for by special assessments against
the benefited property shall be instituted by either, (l)
petition of at least 25 per cent in number of the benefited
property owners together with a resolution adopted by an
affirmative vote of the majority of all of the Council, or
(2) a resolutic" adopted by a four fifth's affirmative vote
of all of the Council. The Council resolution shall state
the nature and scope of the proposed improvement, and shall
et
provide means to obtain a cost estimate which shri`s
eand in e Council
forth the cost of the improvement both in unit p
total thereot. Upon receipt of such estimate, th
shall be resolution set a date for a public hearing on the
proposed improvement, setting forth therein the time, place
and purpose of such hearing. Such resolution shall be
described in the City newsletter and published twice At
least one week apart in the official newspaper of the City
no less than two weeks prior to the
such resosaidhelution ring, ing
and in addition thereto, a copy of
estimated unit prices and estimated total price thereof
shall be mailed to each benefited property owner at hie/her
last known address at least two weeks prior to thedefectsdate fin
said hearing. Pailure to give mail notice or a8l At such
the notice, shall not invalidate the proceedings. end oral
hearing the City Council shall receive any
written statements, and hear any period ofrsixty or
yainst the
shall elapse
proposed improvement. A pbe
after the public hearing before any further action shall withinIf
taken by the Council on the proposedainstosuchnimprovement
such sixty-day period, a petition ay
be tiled with W Council, signed by a majority of the
owners proposed to be assessud for the improvement, or, when
the improvement has been petitioned for, signed by a number
of the owners proposed to be assessed for such improvement
at least equal to the number of those who petition for the
improvement, the Council shall no itmakeusuch improvement at
the expense of the property
meantime, there be filed with the councils peitionerskir.g
that the improvement be made, Signed
tsty
proposed to be assessed for such Improvement
26.OS
least equal in number to those who signed the petition
against the improvement: in which event the Council may
disregard the petition against the improvement. Any person
whose name appears on a petition to the Council for a local
improvement, or on a petition to the Council against a local
improvement, way withdraw his/her name by a statement in
writing filed with the Council before such petition is
presented to the Council.
Subdivision 2. Protest Petition. Regardless of
the provisio,is in Subdivision 1, when less than 100 percent
of the estimated cost of a proposed local improvement is to
be paid for by special assessment, within the sixty-day
period after a public hearing has been held on the proposed
improvement, a petition may be filed with the Council,
signed by a majority of the number of electors who voted for
Mayor in the last regular municipal election, protesting
against either the improvement, or the assessment formula,
or both. In this event, the Council shall not proceed with
the improvement, as proposed.
Subdivision 3. Limitations, When a proposed
improvement is disallowed under the foregoing subdivisions,
the Council may proceed at any time between sixty days and
one year after the pubic hearing on the improvement.
However, no contract shall be let in the event that the '
current proposed contract exceeds the estimated cost by more
than 10 percent.
Subdivision 1. Reconsiderations. When a proposed
improvement is disallowed under the 7oregoing subdivisions,
the Council shall not vote on the same improvement within a
period of one year after the public hearing on said improve-
ment.
Subdivision 5. Petition By All Owners Whenever all
owners of real property abutting upon any street named as
the location of any improvement shall petition Chu Council
to construct the improvement and to assess the entire cost
against their property, the Council may, after a public
hearing, as provided in Chapter 8 of the Home Rule Charter,
adopt a resolution determining such facts and ordering the
improvement.
26.06 Ipprovements, Petition. When any petition for
the making of any public improvement or in opposition to any
public improvement as providea far in this Code, is
presented to the Council, the Council shall, by resolution,
determine whether or not the petition has been signed by the
required percentage of owners of property affected thereby,
or as to the sufficiency of said petition.
26.07
26.07 Appeal From Determination of Le alit of
Petition. Any person, tieing aggrieve. by this determina-
tion, may dppeal to the district court of Ramsey County by
serving upon the Clerk of the Municipality, within thirty
days after the adoption of the resolution, a notice of
appeal briefly stating the grounds of appeal and giving a
band in the penal sum of $250.00, in which the Municipality
shall be named as obligee, to be approved by the Clerk of
the Municipality, conJili.,,,,ed that the appellant will duly
prosecute the appeal, pay all costs and disbursements which
may be adjudged against him/her, and abide by the order of
the court. The Clerk shall furnish the appeallant a
certified copy of the petition, or any part thereof, on
being paid by appellant of the proper charges therefor.
The appeal shall be placed upon the calendar of the next
general term commencing more than thirty days after the date
of serving the iwiLiCe and filing the bond and shall be tried
as are other appeals in such cases. Unless reversed upon
the appeai, the determination of the Council as to the
sutficiency of the petition shall be final and conclusive.
26.08 Council Procedure.
Subdivision 1. Plans and Specifications, Advertisement
For Bids. When the Council determines to mako any improve-
ment it shall cause plans and specifications of the improve-
ment to he made, or if previously made, to be modified, if
necessary, and to be approvea and filed with the Clerk, and
if the estimated cost exceeds $10,000, shall adiertise for
bids for the improvement in the newspaper and such other
papers and for such length of time aF it may deem
advisable. If the estimated cost exceeds $100,UC0,
publication shall be made once in the newspaper and at least
once in a newspaper or trade paper published in a city of
the first class no less than three weeks before the last day
for hubmission of bids. To ae eligible as such a trade
paper, a publication shall have all the qualifications of a
legal newspaper except that instead of the requirement that
it shall contain general and local news, such trade paler
shall contain building and construction news of interest to
contractors in this state, among whom it shall have general
circulation. The advertisement shall specify the work to be
done, shall state the time when the bids will be publicly
opened for consideration by the Council, which shall be not
less than ten days after the first publication of the
advertisement when the estimated cost is less than $100,000
am not less than three weeks after such publication in
other cases, and shall state that no bids will be considered
unless sealed and filed with the Clerk and accompanied by a
cash deposit, cashier's check, bid bond, or certified check
payable to the Clerk, for such percentage of the amount of
the bid as the Council may specify. In providing for the
advertisement for bids, the Council may direct that the
26.08
bids shell be opened publicly by two or more desiynated '
officers or ayenls of the Municipality and tabulated in
advance of the meetiny at which tree they are to be
considered by the Council. Nothing herein shall prevent the
Council from advertisiny separately for various portions of
the work involved to an improvement, or trom Itself,
supplying by such means es may be otherwise authorized by
Law, all or any part of the materials, supplies, or equip-
ment to be used in the improvement of from combining two or
more improvements in a single set of plans and spe.:ifica-
tione or a single contract.
SeydtVISLon 2. Contracts_ Day tabor. In contracting
for an improvement, the Council shall require the execution
of one or more written contracts and bonds, conditioned as
required by law, The Council shall award the contract to
the lowest responsible bidder or it may reject all bids. If
any biddei Ui whuin a cunitact is .iwarded fails to enter
promptly into a written contract and to furnish the required
bond, the defaulting bidder shall forfeit to the City the
amount of his cash deposit, cashier's check, bid bond or
certified check, and the Council may thereupon award the
contract to the next lowest responsible bidder. When it
appears to the Council that the cost of the entire work
projected will be less than $5,000.00, or whenever no bid is
submitted after proper advertisement o- the only bids
submitted are higher then the engineer's estimate, the
Council may advertise fur new bids or without advertising
for bids, directly purchase the materials for the work and
do it by the employment of day labor or in any other manner
the Council considers proper. The Council may have the work
supervised by the City h,ngineer, or other qualified person
^.t shall have the work supervised by a registered engineer
it done by day labor and it appears to the Council that the
entire cost of all work and materials for the improvement
wi,l be more than $2,000.00. In case of improper
construction of any portion of the work improperly dine, and
where the cost of completion or reconstriction necessary
will be less than $10,000.00, the Council may do it bl thi-
employment of day labor.
Subd,vision 3. Day Lebor-; Detailed Report. When the
Council has performed construction work by day labor, it
shall cause a detailed report to be filed with the Clerk and
certified by the registered engineer or other person in
charye, if there is no registered engineer. The report
shall show:
(1) The complete :osts of the construction;
(2) Final quantities of the various unity of work done;
(3) Materials furnished for the project and the cost
of each item thereof;
(4) Cost of labor, cost of equipment hired, and super-
visory costs. 14
26.08
The report shall have attached a certificate by the
registered engineer or other person in charge that the work
was done according to the plans and specifications, or, if
there were any deviations from them an itemized statement of
these deviations.
subdivision 4. Alternate Procedure On Street Improve-
ments. As to any improvement or impiuvaxiaots consisting of
grading, graveling, Or bituminous surfacing of streets and
alleys, the Council may proceed in the manner provided in
this Code, except that it may
(1) order the work done by day labor, regardless of
the estimated cost Of such improvement or improve-
ments, and
(2) use municipal equipment or hire equipment and
purchase materials for all such improvements to e
done by day labor in any twelve-month period by
advertising once therefor, such advertisement to
call for bids for the furnishing of equipment, if
the City does not use its own equipment, and for
materials at unit prices based on the quantities
which the Council estimatus will be required,
(3) contract at one time on a unit -price basis for part
Ot all of the wtreot improvements to he constructed
by the municipality during the current year,
including improvements which may thereafter be
ordered constructed.
subdivision 5. Cooperation with State or Local
Government. When an improvement is made under a Inoperative
agreement with this state or another political subdi,isiun
by the terms of which the state or other subdivision is to
construct the improvement, it sha!1 not be necessary to
comply with subdivisions 1 and 2.
Subdivision 6. Percentage Payment on Engineer's
Estimate. In case the contractor properly performs the
work, the Council shall, from month to month hefore
completion of the work, pay him not to exceed 98 95
percent of the amount already earned under the crntract,
upon the estimate Of the engineer or other competent person
setected by the Council, and the contract shall so provide,
and shall further agree that when the work is 90 95 percent
or iixira completed upon the recommendation of the engineer
such portions of the retained price shall be released as the
Council determines are not required to by retained to
protect the r_ity's interest in satisfactory completion of
the contract.
26.08
Subdivision 7. Mod atit-at ton of Contracts. After work '
has been commenced oil an improvement un erta en pursuant to
a contract awarded on a unit price basis, the Council may,
witout advertising for bids, authorize changes in the
contract so as to include additional units of work at the
same unit price if the cost of the additional work does not
exceed 10 percent of the original contract price. original
contract price means that figure determined by multiplying
the estimated number of units required by the unit price.
26.09 Apportionment of Cost. The cost of any improve-
ment, or any port thereof, may he a99e9sed upon property
henetited by the property abut4 on the impruvmwnt and
whether or not any part of the cost of the improvement is
paid fro,a the county -state aid highway fund, the municipal-
9tate aid stroot rued or the trunk highway fund. The area
assessed may be less than but may not exceed the area
proposed to be assessed as stated in the notice of hearing
on the improvement, except as provided below. The munici-
pality may pay such pirtion of the cost of the improvement
as the Council may determine from general ad valorem tax
levies or from other revenues or funds of the municipality
available for the purpose, subject to the provisions of
Chapter 8.04, Subdivision 2, of the Charter. The City may
subsequently reimburse itself for all or any of the portion '
of the cost of a water, storm sewer, or sanitary sewer
improvement so paid by levying additional assessments upon
any properties abutting on but not previously assessed for
the iirprovement, on notice and hearing as provided for the
assessments initially made. To the extent that such an
improvement benefits non -abutting properties which may be
served by the improvement when one or more later extensions
or improvements are made but which are not initially
assessed therefore, the City may also reimburse itself by
adding all or any of the portion of the cost so paid to the
assessments levied for any of such later extensions or
improvements, provideu that notice that such additional
amount will be assessed is included in the notice of hearing
on the making of such extensions or improvemerts. The
provisions of 16.05 shall apply to such extensions or
improvements in the same manner as it they were new
improvements.
26.10 Assessment Procedure.
Subdivision 1. Calculation, Notice. At any time after
a contract is let or the work ordered by day labor, the
expense incurred or to he incurred in its making shall be
calculated under the direction of the Council. The Council
shall then determine by resolution the amount of t!je total
expense the City will pay, other than the amount, if any, '
which it will pay as a property owner, and the amount to be
assessed. Thereupon, the Clerk, with the assistance of the
engineer or other qualified person selected by the Council,
26. to
shall calculate the proper amount to be specially assessed
ter the Improvement against every assessable lot, piece or
parcel of land, without regard to cash valuation, in
accordance with the provisions of 26.09. The proposed
assessment rnll shall he filed with the Clerk and be open to
public Inspection. The Clerk shall thereupon, under the
Council's direction, publish notice that the Council will
. r, rnnsider the proposed assessments. such notice
ewspaper at Least once and shall
shall be published in the n
be mailed to the owner of each parcel described in the
assessment roll. for the purpose or giving mailed notice,
owners shall be those shown to be such on the records of the
county auditor or the records of the county treasurer; but
other appropriate records may be used for this puspose.
Such publication and mailing shall be no less than two weeks
prior to such meeting of the Council. Except as to the
owners of tax-exempt property or property taxes on a gross
earnings basis, every property owner whose name dues not
appear on the records of the county auditor or county
treasurer shall be deemed to have waived such mail notice
unless he has requested in writing that the county auditor
or county treasurer, as the case may be, include his name on
the records for such purpose. Such notice shall state the
date, time, and place of such meeting, the general nature of
' the improvement, the area proposed to be assessed, that the
proposed assessment roll is on the file with the Clerk, and
that written or oral objections thereto by any property
owner will be considered. No appeal may be taken as to the
amount of anv assessment adopted pursuant to Subdlvlston_2
owner Is then wicn Lim nu,..�• �• •-• ---- -
assessment hearing or presence to the Ares dint, o icer at
the hearing• The notice shall also state that an owner may
appenl an assessment to district court pursuant to Chapter
26 12 by serving notice of the appeal upon the mayor or
clerk of the municipality within thirty days after the
adoption of the assessment and filing eurh notice with the
district court within tun days after service upon the mayor
or clerk. The notice shall also inform property owners of
the provisinns of Chapters 26.18, 26.19, and 26.20 and the
existence of any deferment procedure established pursuant
thereto in the City.
Subdivision 2. Adoption; Interest. At such meeting or
at any adjournment thereof the Council shall heal and pass u
Pon all objections to the proposed assessme.it, whether
presented orally or in writing. The Council may amend the
proposed assessment as to any parcel and by resnlutior aJopt
the same as the special assessment against the lands named
in the assessment roll. Notice of any adjournment of the
hearing shall be adequate if the minutes of the meeting so
adjourned show the time and place, when and where the
hearing is to be continued r . er-t4-three-days-set4se----
there«t-Me-peMtahed-ts-the-newspaperr The assessment,
26.10
The assessment, with der ruing interest, shall he a lien upon
all private and public property included therein, trom the
date of the resolution adopting the assessment, concurrent
with the general taxes; but the lien shall not be
entorceable against public property as long as it is
publicly owned, and during such period the assessment sha.l
be recoverable from the owner of such property only in the
manner and to the extent provided in Chapter 26.16. Except
as provided b<rlow, all assessments snati oe payable in equal
annual installments extending over such period, not
exceeding thirty years, as the resolution determines,
payable on the tirst Monday in January in each year, but the
number of installments need not be uniform for all
assessments included in a single assessment roll if a
unitorm criterion for determining the number of installments
is provided by the resolution. The first installment of
each assessment shall be included in the tirst tax rolls
completed after its adoption and shall be payable in the
same year as the taxes contained therein; except that the
payment of the tirst installment of any assessment levied
upon unimproved property may be deferred until 5 designated
future year or until the platting of the property or the
construction of improvements chereon, upon such terms and
conditions and based upon such standards and criteria as may
be provided by resolution of the Council. In any event,
every assessment, the payment of which is so deferred, when
it becomes payable, shall be divided into a number of
installments such that the last installment thereof will be
payable not more than thirty years atter the levy of the
assessment. All assessments shall bear interest at such
rate as the resolution determines, not exceeding the maximum
permitted by law, except that the rate may in any event
equal the aveiaye annual interest rate on bonds issued to
tinanev the impr-)vement f;r which the assessments are
levied. To the first irstaiiment of each assessment shall
be added interest on the entire assessment fror, a dat•.
specified in the resolution levying the assessment, not
earlier than the date of the resolution, until December 31
of the year in which the first Installment is payable, and
to each subsequent installment shall be added interest for
one year on all unpaid installments; or, alternatively, any
assessment may be made payable in equal annual installments
including principal and interest, each in the amount
annually requirad to pay the principal over such period with
interest at such rate as the resolution determines, not
exceeding the maximum period and rate specified above. In
the latter event, no prepayment shall be accepted under
Subdivision 3 without payment of all installments due to and
including December 31 of thepyear of prepayment, together
withthe original principal included in such installments,
comuted on an annual amortization basis. When payment of an
assessment is deferred, as authorized in this subdivision,
interest thereon tnr the period of deferment may be made
payable annually at the same times as the principal
�. 26. 10
amount of the assessment when it becomes payable; or, if so
provided in the resolution levying the assessment, interest
thereon to lktcemtwr 11 of the year before the first installment
is payable may be torgiven.
Subdivision 3. Transmitted to Auditor, Prepayment
After adoption of the assessment, the Clerk shall transmit a
certified duplicate of the assussment roll with each installment,
including interest, set forth separately to the Ramsey County
Auditor to be extended on the proper tax lists of the County; but
in lieu of Ruch certitication, the council may in its discretion
direct the Clerk to file all assessment rolls in his office and
to certify annually to the a minty Auditor, on or befoie October
10 in each year, the total amount of installments of and interest
on assessments on each parcel of land in the City which are to
become due in the following year. It any installment and
interest has not been so certified prior to the year when it is
due, the Clerk shall forthwith certify the same to the County
Auditor for collection the then succeeding year; and if the City
has issued improvement warrants to finance the improvement, it
shall pay out of its general funds into the fund of the
imrpvoement interest uo the then unpaid balance of the assessment
for the year or years during which the collection of such
assessment is postponed. All assessments and interest thereon
shall be collected and paid over in the same manner as other
municipal taxes. Vie owner of any property so assessed may, at
any time prior to certification of the assessment or the first
installment thereof to the County Auditor, pay the whole of the
assessment on such property, with interest accused to. --he date of
payment, to the City Treasurer, except that no interest shall he
charyed if the entire assessment is paid within thirty days from
the adoption thereof; and except as hereinafter provided, he :nay
at any time prior to November 15 of ai,y year, prepay to the
Treasurer of the City having levied said assessmerts, the whole
assessment remaininy due with interest accured to December 31 of
the year in which said prepayment is made. If the assessment
roll is retained by the City Clerk, the installment and interest
in process of collection on the current tax list shall be paid to
the County Treasurer and t.".c remaining principal balance of the
assessient, if paid, shall be paid to the City Treasurer. The
Council may by ordinance authorize the partial prepayment of
asses:iments in such manner as t:,e ordinance may provide, prior to
certification of the assessment or the first installment thereof
to the County .Auditor.
Subdivison 1. Collection, Tax Exempt Property. On the
confirmation of any assessment, the Clerk Rhall mail to the
County Auditor a notice specifying the amount payable by an
county, to the Clerk or recorder of any other political sub,
division a notice specifying the amount payable by the political
subdivision and to the owner of any right of way, at its prin-
cipal office in the state, a notice specifying the amount payable
on account of any right of way. The amount payable on account of
any right of way or public property shall be payable to the City
Treasurer and shall he payable in like installments and with like
interest and penalties as provided for in reference to the
26.10
installments payable on account of assessable real property,
except that interest accruing shall not begin to run until the
notice provided in this subdivision has been properly given and
thirty days thereafter have elapsed. The governing body of any
such political Rubdivision shall provide for the payment of these
amounts and RhdII take appropriate action to that end. If the
assessment is not paid in a single installment, the City Trea-
surer shall annuaily mail to the owner of any right of way and,
as long as the property is publicly owned, to the owner of any
public property a notice stating that an installment is due and
should be paid to the City Treasurer. The City may collect the
amount due on account of the right of way of any railroad or
privately owned public utility by distress and sale of personal
property in the canner provided by law in case of taxes levied
upon personal property or by suit brought to enforce the collec-
tion of this indebtednas unless a different method of collecting
such amounts is provided for by any contract between the owner of
any right ut way and the City.
26.11. SUPPLEMENTAL ASSESSMENTS; RE -ASSESSMENT.
Subdivision 1. Supplemental Assessments. The Louncil may
make supplemental assessments to correct omissions, errors, or
mistakes in the assessment relating to the total cost of the
improvement or any other particular. A supplemental assessment
shall be preceded by personal or mailed notice to the owner of
each parce! included in the supplemental assessment and a hearing
as provided for the original assessment.
Subdivision 2. Re -assessment. When an assessment is, for
any raason whatever, sat aside by a court of competent juris-
dictior as to any parcel or parcels of land, or in event the
Council finds that the assessment or any part thereof is exces-
sive or determines on advice of the City Attorney that the
assessment or proposed assessment or any part thereof is or may
be invalid for any reason, the Council may, upon notice and
hearing as provided for the original assessment, make a
re -assessment or a new assessment as to such parcel or parcels,
Subdivision 3. Reapportionment U en Laid Division. When
a tract of land against which a specieI assessment has been
levied :s thereafter divided or subdivided by plat or otherwise,
the Council may, on application of the owner of any part of the
tract or on its own motion equitably apportion among the various
lots or parcels in the tract all tho installments of the assess-
ment against the tract remaining unpaid and not then due if it
determines that such apportionment will not materially impair
collection of the unpaid balance of the original assessment
against the tract. The Council, may and if the special assess-
ment has been pledyed to the payment of improvement warrants
26.11
shall, require the owner or owners, as a condition of such
apportionment, to furnish a Satisfactory surety bond fully
protecting the City against any loss resulting from failure to
pay any part of the reapportionment assessment when due. Notice
of such apportionment and of the right to appeal shall be mailed
to orpersonally served upon all owners of any part of the tract.
Within thirty days after the mailing or service of the notice of
such apportionment, any such owner may appeal as provided in
Chapter 26.12.
Subdivision 4. Re -Assessment, Tax Forfeited Land. When a
parcel of tax turteited land is returned to private ownership and
the parcel is benetited by an improvement for which special
assessments were cancelled because of the forfeiture, the City
may. upon notice and hearing as provided for the original assess-
ment, make a re -assessment ur a new assessment as to the parcel
in an amount equal to the amount remaining unpaid on the original
assessment.
26.12. APPEAL To UtSTRICT COURT. Within thirty days
after the adoption of the assessment, any person aggrieved, who
is not precluded by failure to object prior to or at the
assessment hearing, or whose failure to so object is due to a
reasonable cause, may appeal to the Ramsay County District Court
y serving a notice upon the Mayor or City Clerk. The notice
shall be filed with the Clerk of the District Court within ten
days after its service. The City Clerk shall furnish appellant a
certified copy o' oblections filed ir, the assessment pro.eedings,
the assessment roll or part complained of, and all papers
necessary to present the appeal. The appeal shall be placed upon
the clanedar of the rext y.neral term commencing more than five
days atter the date of serving the notice and shall be tried 3s
other appeals in such rases. The court shall either affirm the
assessment or set it aside and order a re -assessment as provided
in Chapter 26.!1. If appellant does not prevail upon the appeal,
the costs incurred shall be taxed by the court and judgment
entered tnerefor. All oblections to the assessment shall be
deemed waived unless presented on such appeal. -,his section
provides the exclusive method of appeal from a special assessment
levied pursuant to this chapter.
26.13. FINANCING.
Subdivision 1. RuthoriU. At any time after one or more
impravements are ordered as contemplated in Chapter 26.OS, the
Council may issue obligations in such amounts as it deems neces-
sary to Betray in whole or in part the expense incurred and
estimated to be incurred in making the improvement or improve-
ments, including every item of cost of the kinds authorized in
' Minnesota Statutes 475.65. In the event of any omission, error,
26. 13
or mistake in any of the proceedings required by this Chapter or
by the H..me Rule Charter precedent to the ordering of any
improvement, the validity of the obligations shall not be
affected thereby. The Council shall cause all further actions
and proceedings to be taken with due diligence that are required
for the construction of each improvement financed wholly or
partly from the proceeds of obligations and issued hereunder, and
for the final and valid levy of special assessments and the
appropriation of any other funds needed to pay the obligations
and interest thereon when due.
Subdivision 2. Tvpes of Obligations Permitted. The
Council may by resolution adopted prior to the sale of obliga-
tions pledge the full faith, credit and taxing power of the
r,vi.lcipality for the payment of the principal and interest_ Such
obligations shall be called improvement bonds and the Council
shall pay the principal and interest out of any fund of the
municipality when the anwront credited to the specified fund is
,nsutticient for the purpose and shall each year levy a Suffi-
cient amount to take care of a.:cumulated or anticipated deficien-
cies, which levy shall not be subject to any statutory or charter
tax limitation. obligations for the payment of which the full
faith and credit of the municipality is not pledged shall be
called improvement warrants and shall contain a promise to pay
solely out of the proper special fund. It shall be the duty of
the City Treasurer to pay maturing principal and interest on
warrants out of funds on hand in the proper special fund and not
otherwise.
Subdivision 3. Method of Issuance. All obligations shall
be issued in accordance with the provisions of the Charter and
Minnesota Statute 475, except that an election shall be required
for bonds it less than 20 per cent of the cost of the improvement
to the municipality is to be assessed against benefited property.
The maturities shall be such as in the opinion of the Council are
warranted oy the anticipated collections of assessments and ad
valorem levies for the City's share of the cost- except that the
Council may to its discretion issue and sell temporary improve-
ment bonds at any time prior fo completion of the work to be
financed, maturiny within not more than three years from '_heir
date of issue, in whcih event the municipality shall be obligated
to pay such bond and the interest thereon out ut the proceeds of
definitive improvement bonds which the Council shall issue and
sell at or prior to the maturity of :he temporary bonds, to the
extent that the same cannot be paid out of the assessments and
taxes theretofore collected, or out of any other municipal funds
which are properly available and appropriated by the Council for
such purpose. The holders of such temporary bonds, and the tax-
26.13
payers of the City, shall have and may enturce, by mandamus or
other appropriate procoedinys, all n yhts respecting the levy and
collection of sutficient assessments and taxes to pay the cost of
the improvements financed thereby which dr.f granted by law to
holders of other improvement bends, except the right of require
such levies to be collected prior to the maturity of the tempo-
rary oonas, ana shall nave the additionai right to require the
uttering of said detinitive improvement bonds at public sale or
if such bonds have not been sold and delivered prior to the
maturity of the temporary bonds, to require the issuance in
exchange theref,)r, on a par -tor -par basis, of either new
tempordry bonds or definitive bonds, bearing interest at toe
maximum rate permitted by law. Any funds of the City may be
invested in temporary improvement tx-,nds in accordance with the
proviginnc fof M,nnagnrr ctarutes 471.56 and 475.66. except that
such tempordry bonds may be purchased .nly out Of funds which the
Council determines will nut be reugired for other purposes prior
to their maturity, and shall re resold prior to maturity only in
the case of untoreseun emergency. When such purchase is made out
of monies held in a debt service fund tor other bonds of the
City, the holders of such other bonds shall have the right to
enforce the City's obligation to sell detinitive bonds at or
beture the maturity of the temporary bonds, or to exchange the
same, in the same manner as holders of such temporary bonds. All
obligations shall state upon their face the purpose of the issue
and the fund from which they are payable. The amount of any
obligations issued hereunder shall not op included in determining
the net indebtedness of the City under the provisions of any law
limiting such indebtedness.
Subdicisiun 1. Funds. The proceeds from the sale of each
i sue of ebligatlons and fruin collet a on of special assessments
._vied and other monies approprtated for each improvement to be
financed wholly or partly from such proceeds shall be credited to
a separate construction tund which shall be used solely to defray
expenses of such improvements aad payment of principal and
interest due upon the obligations prior to completion and payment
of all costs of the improvements so financed. Any balance of the
proceeds of bonds remaining therein may be usod to pay the cost,
in whole or in part, or any other improvement instituted pursuant
to this chapter. A separate account shall oe maintained in the
construction fund to record expenditures for -ach improvement,
and when the total cost r.hereot has been paid, all subsequent
collections of Especial assessments levied for the improvements
shall be credited and paid into the debt service fund for the
obligations issued to finance the impro,,ement, as provided in
Minnesota Statutes 47S.61. Any taxes levied for improvements
tinanced by an issue of obligations shall he creaitdd M r,e[ly to
the debt service fund.
26.13
Subdivision 5. Temporary Improvement Bonds. In
issuance of improvement bonds, the council
anticiyation of the
may by resolution issue and sell temporary improvement bonds
ma;urinu within not more than three ears rom t air date n
issue to pay any part or all or the cost of ore or more improve-
ments. To the extent that the rind a� 1 0� and interest on the
temporary improvement bonds cannot he paid when due from recei is
O spec I at eeseoo,ue i�Li Ia%BS, or CC er .d.^. ° a CO r.Ar nr
the purpose, the ehal De paid from the procee s o mprovem;nt
on s or a itionaL temporary improvement bonds which the council
shall offer for sale in advance of their maturity but the
indebtedness funded b)an issue of temporar tm rovement bonds
shall not be extended by the issue of ailditiona temporary
iw rovement bonds for more than six ears from the ate of the
first issue. The holders of any temporary improvement
shall have and may enforce, by or other approp�te
roceedin s, all ri hts
asrespecting the levy and cn ectlon of
su iclent specia. ssesments and taxes to pay the coat Or
im rovements financed by them which are ranted b law to holders
o impruvement bonds, except the right to require the ev •a to
be collected prior to the maturity of the temporar m rovamant
bonds. If any temporary improvement bonds are not pala in fuli
at maturity, the holders may require the Issuance n exc an a for_
them, at par, of new temporary improvement bonds matur_nq v thin
one year from their date of issue (but not suDiect to any other
maturity limitation), and bearing interest at [he maximum rate
permt— [ted ty law.
5uodivision b. Investment Of Other Municipal Funds.
Funds of a munic lity mathe
be invested in its tem rer
■y irovement bonds in accordance with provisions n M nnesota
Statutes 4 c an ma�urchased u�On �tT t e—ir MEN si si—u1
but Sh l�i be �urchesed only inxn tunds which the councTF
determinee vi1C not De re uire or other ur oses be ore the
macucitTdate, ae ha be resoldbe ore maturr_ity only in ciao
of emervuency If pure ased from a ebb servlc�r-emu d seeur_n-
other bonds the holders of those bonds mma� enforce tM
_.._ ,.,., :. Fhb i,,:.t nna on the temporary improvement bonds in
26.14
ivision 8. Federal Limitation Act. Minnesota
4.16 to 474.23 auUly to any issuance of obligation
on sectiwhich are subject to limitation under a
itation act as defined in Minnesota Statute 474.16
26.14. SERVICE CHARGES, A SPECIAL ASSESSMENT AGAINST
BENEFITED PROPERTY.
Subdivision la.
lace the urt— mary Fe-
- Tne council
rtv owner or
occubant to do the work duthorized herein by himself, except in
Subdivision 1. Ordinances. As authorized under Section
8.05 of the Charter, the Council may provide by ordinance that
the cost of City services to streets, sidewalks, or other public
or private property may be assessed against property benefited
and may be collected in the same manner as special assessments.
Such costs shall not he deemed to be 'special assessments' for
the purposes set forth in Section 8.03 of the Charter. Such City
services shall include, but not be limited to, the cost of snow,
ice, or rubbish removal from sidewalks, weed elimination from
streets or private property, removal or elimination of public
health or safety hazards from private property, installation or
repair of water service lines, street sprinkling or other dust
ttaatmEnt of streets, the trimming and care of trees and the
removal of unsound trees from any street, the treatment and
removal of insect infested or diseased trees on private property,
.he repair of sidewalks and Aileys, or the operation of a street
lighting system.
Subdivision 2. Piccedure for Assessment. Any special
assessment levied under Subdivision 1 shall be payable in single
installment, or uy up to ten equal annual inFte.11ments as the
Council may provide. With this exception, Chapters 26.10, 26.11,
and 26.12 shall apply to assessments made under this Section.
servea to uav the ci
a
Subdivision J. Issuance of Obligations. After a contract
for any of the work enumerated in Subdivision 1 has been lec, or
the work commenced, the Council may issue obligations to defray
the expenses of any such work financed in whole or in part by
special charges and assessments imposed upon benefited property
under this Section. Chap.er 26.13 shall apply to such obliga-
tions with the following moditieations:
(1) Such ohliga tions shall be payable not more than two
years from the date of issuance;
(2) The .amount of such obligattons ISSUed at one time
shall not exceed the cost ut such work during the
ensuing six months as estimated by the Council;
26.14
(3) A separate Improvement fund shall be set up for each
of the enumerated survices referred to in Subdivision '
1 and financed under this Section. Proceeds of
special charges as well as special assessments and
taxes shall be credited to such improvement fund. Any
balance of the proceeds of any obligations remaining
therein may he used to pay the cost, in whole or in
part, or any other improvement instituted pursuant to
Liens Chaplet ut may lie transferred to the fund
established under Chapter 20.01.
26.15
26.15. CHARTER e+ROVISIONS, EF1'ECT. Local improvements
shall be carried out exclusively under the provisions of the
Charter.
26.16. SPECIAL ASSFSSMENTt GOVERNMENTAL UNITS.
Subdivision 1. Authority to Assess. The City may levy
special assessments against the property of a governmental unit
benefited by an improvement to the same extent as if such pro-
perty were privately owned, but no such assessments, except for
storm sewers and drain, systems, shall he levied against a
governmental unit for properties used nr to be used for highway
rights of way. A "governmental unit" means a county, city,
public corporation, or a school district. If the amount of any
such assessment, except one against property of the state, is not
veld when due, it may Lee tecovered in a civil action Drought by
the City against the governmental unit owning the property so
assessed.
Subdivision 2. Determination. in the case of property
owned by the state or any fnstrumentality thereof, the Council
may determine the amount that could have been assessed had th,
land been privately owned. Such determina a on shall b^ made only
after the Council has held a ;tearing on the proposed assessment
after at least two weeks notice of the hea,ing has been given by
registered or certified mail to the nead of the instrum_ntality,
department or agency having jurisdiction over- the property. The
amount thus determined may be paid by the instrumentality,
department or agency from available funds. If no funds are
available, and such instrumentality, department or agency is
supported in whole or in part by appropriations form the general
revenue tuna, then it shall includa in its next budget request
the amount thus determined. No instrumentality, department or
agency shall be bound by the determination of the Council and may
pay trom available funds or recommend payment in such lesser
amount as it determines is the measure of tice benefit received by
the land from the imprnvement.
Subdivision J. Exclusiveness. This section shall not
modify any law authorixiny the imposition of special assessments
against governmental units.
26.17
26.17. TIME LIM1T UN IMPROVEMENTS, When the Council
determines to make any oea improvtment, it shall leet the
contract for all or part of the work, or order all or part of the
1 work done by day labor or otherwise as may be authorized by law,
no laLer than one year atter the public hearing on the
improvement. 26.IS
26.1S. SENIOR CITIZENS HARDSHIP SPECIAL ASSESSMENT
DEPF.RRAL. After making a special assessment, the council may, at
is isrretion, defer the payment of that assessment for any
homestead property owned icy a N<r;on 6; scars ^f a;a or older for
whom it would be a hardship to make the payments. The Council
shall adopt a resolution establishing ,tandards and guidelines
for determining the existence of a hardship relative to any
special assessmenL adopted under this Chapter. Such standards
and guidelines shall he made in a non-discriminatory manner and
shall nnl jive the applicant an unroasnnable preference or
advantage over other applicants.
26.19. PROCEDURE TO OBTAIN DEFERRED ASSESSMENT. The
eligible homeowner shall make application for deferred payment of
special assessments on torms prescribed by the Ramsey County
Auditor. Where the deferred assessment is granted, the Auditor
shall record a notice thereof with the County Recorder which
shai: set torth the amount of the assessment. The Council may
determine by resolution the amount of interest, if any, on the
deferred assessment and this rate shall be recorded by the
Auditor along with and in the same manner as the amount of the
assessment.
26.20. TF.RMINAT:ON OF Rif_.HT TO DEFERRED PAYMENT. The
option to defer t1e payment o special assassmer.ts shall.
terminate and all amounts accumulated plus applicabie interest,
s'iall become due upon Lhe occurrence of any of the following
events:
Ill the death of tha owner, provided that the secure is
otherwise net eligible for the benefits hereunder;
(2) the sale, transfer or subdivision of the property or
any part thereof;
(3) if the property should for any reason lose its
homestead status; or
il shall
termine
at
(4) if thererany wouldrbeson the no hardshipcto require immediate h
immediateor
partial payment.
2L,18
26.18. SENIOR CITIZENS HARDSHIP SPECIAL ASSESSMENT
DEFERRAL. After making a special assessment, the Council may, at
its a discretion, deter the payment of that assessment for any
homestead property owned by a person 65 years of age or older for
whom it would be a hardship to make the payments. The Council
shall adopt a resolution establishing standards and yuidelines
for determining the existence of a hardship relative to any
special assessment adopted under this Chapter. Such standards
and guidelines shall oe made in a non-discriminatory manner and
chid not give toe applicant An unreasonanie prererence or auvan-
tage over other applicants.
26.19. PROCEDURE TO OBTAIN DEFERRED ASSESSMENT. The
eligible homeowner shall make application for H_eT_e_rr_e7 payment of
special assessments on Corms prescr.hed by the Ramsey County
Auditor. Where the deterred assessment is granted, the Auditor
shall record a notice thereof with the County Recorder which
shall set forth the amount of the assessment. The Council may
determine by resolution the amount of interest, if any, on the
deferred assessment and this rate shall be recorded by the
Auditor along with and in the same manner as the amount of the
assessment.
26.20. TERMINATION OF RIGHT TO DEFERRED PAYMENT. The
option to deter the payment of special assessments shall ter-
minate and all amounts accumulated plus ap,,licable interest,
shall become due upon the occurrence of any of the following
events:
(1) the death of the owner, provided that the spouse is
otherwise not eligible for the benefits hereunder;
(2) the sale, transter or subdivision of the property or
any part thereof,
(3) if the property should for any reason lose its home-
stead status, or
(4) is for any reason the Cou.icil shall determine th,t
there would br no hardship to require immediate or
part/al payment.
26.21. IMPROVEMENTS AbANUONED.
subdivision 1. Cancellation of Assessments. When a local
improvement proposed to be made by the City is abandoned before
it is completed to an extent sufficient to result in benefits
equal to special assessments which have theretofore been levied
for such improvement, the City shall notify the agency acting as
collecting agent for such special assessment, of such fact. Upon
such notification, all installments of such assessments and
interest thereon which ae not direduy cuiircLeu ui in LLe pt-uceao
of collection shall be cancelled by such agency. However,
nothing herein shall prevent the City from mdkiny a reassessment
of any amount not exceeding the special benefits which actually
accrue from the improvement to part or all of the properties
originally assessed, and nothing herein shall affect the
obligations of the municipality to provide funds sufficient to
pay any bonds issued to finance the improvement and the intetest
thereon.
Subdivision 2. Refund of Assessments. The Council shall
instruct the City Clerk to publish and mail notice as provided
for in 26.10, Subdivision 1, describing the improvement and
stating that it has been abandoned and that any person who paid
any special assessments levied on account of such improvement may
file a ciaim, wiht►n six months following the date of publicct.ion
of the notice, for refund of such assessments paid by him,
I together with any interest he paid thereon. Failure to give
mailed notice or any defects in the notice, shall not .nvalidate
the proceedings. The City is not required to, but may, pay such
claims filed after the period allowed, and it may require any
claimant co furnish satisfactory evidence that he be paid the
amounts claimed. Such claims may be paid out of monies in the
fund of the improvement which was abandoned, unless obligations
have been issued payable therefrom, cr may be paid out of monies
in the general fund.
SuAivision 3. Transfer of Assessments Not Cancelled or
Re.unded. Any such assessme•its nat cancelled under Subdivision 1
above, or not refunded under Subdivision 2 above, shall be
transferred to the general fund or the public improvement
revolving fund established in Chapter 20.0?, if not necded to pay
costs of the improvement and if not hold in a debt redemption
fund.
26.22. TRANSFER OF FUNDS AFTER IMPROVEMENTS COMPLETED;
REFUNDS. Any monies now or hereafter remaining in a fund
heretofore or hereafter created by the City for making one or
more local improvements, after such improvement or improvements
have been completed and all claims dyainst and obligations of
said fund have been satisfied, shall ne transferred to the
general fund or the public improvement revolving fund established
in Chapter 20.02; provided that the Council may, in its
I discretion, authorize and direct the municipal treasurer to
26. 22
to refund all or part of such monies to the persons who paid the
assessments for the improvement or improvements following the
procedure set forth in Chapter 26.21, Subdivision 2. The amounts
to be refunded in respect to the assessment against each property
shall be proportionate to the original principal amount thereof,
and shall be paid to the claimant or claimants who paid the last
installment or installments of the assessment aggregating more
than the amount to be refunded. No refund shall be made in
respect to any assessment which is delinquent as to either
„rirtr,nal nr interest. Any installment of anv assessment which
is not collected or in the process of collection at the time when
refunds may be made under this section shall be cancelled as
provided in Chapter 26.21, Subdivision 1.
26.23 Assessment or Re -Assessment of Tax Foreretteo Lanos
Returned to Private Owners tp. a councilmay make a reassess-
ment or a new assessment pursuant to Chapter 26.11, Subdivision
4, notwithstanding that the original assessment may have been
made pursuant to other general law or special law.
26.24 Water Works Systems Main Severs, Sewage Disposal
Plants. The provisions of Minnesota Statues 444.075 effeeltve--
etrnngA-lbe-}979-regn}er-sesstett-and-extra-sesaten-ef-May-i24r----
}979r-ere-hereby-adapted-by-referetteer as amended from time to
time are hereby adopted by reference.
26.25. FEES AND CHARGES FOR TAX FORFEITED LANDS RETURNED
TO PRIVATE OWNERSHIP. When tax orre—ited landis returned to
private ownership and the land is benefited by a public
improvement for which special assessments were cancelled because
o: the forfeiture, the City that made the improvement may impose
fees or charges for the use cr availability of the improvement
for connections therewith in an amount not to exceed the amcunt
remaining unpaid on the cancelled assessment. The City may make
the fete or charges a charge against the owner, lessee, occupant,
or all of them and may certify unpaid tees or charges to the
Ramsey County Auditor with talus agaiW the property far
collection as other taxes are collectea. ( 1
DATE APPROVED: 9/9 /85
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
August 26, 1985
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112
-------------------------------------
The Mounds View City Council was called to order by 1. Call to Order
Mayor Linke at 7:.30 PM on August 26, 1985.
The Pledge of Allegiance was said. 2. Pledge of
Allegiance
MEMBERS PRESENT: Councilmembers Quick, Blanchard, 3. Roll Call
Haake, Hankner and Mayor Linke.
ALSO PRESENT: City Attorney Meyers, Clerk/Admini•.
strator Pauley and Public Works/Community Development
Director Thatcher.
Motion/Second: Blanchard/Quick to approve the 4. Approval of
August 12, 1985 minutes as presented. Minutes:
August 12, 198
4 ayes 0 nays 1 abstention
Motion Carried
Councilmem'>e_ Hankner abstained from the vote as she
had not been present at the Augusc 12 meeting.
There tare no resiients request; ar comments from the 5. Residants Re -
floor. ruests and
Comments from
Motion/Second: Han.iner/Haake to approve the consent 6. Approval of
agenda, as presented, and waive the reading of the Consent Agenda
r:soiutions.
5 ayes 0 nays Motion Carried
Clerk/Administrator Pauley reviewed proposed 7. 2nd Reading at
Ordinance No. 398. Adoption of
Ordinance No.
Motion/Second: Quick/Haake to have the second reading
and adoption of Ordinance No. 398, amending the munici-
pal code of Mounds View by amending Chapter 41, and
waive the reading.
Councilmembor Quick - aye
Councilmember Blanchard - aye
Councilmondw,r Haake - aye
Counciiwemi,. i Hankner - aye
M,rynr Linkr - -yu Motion Carried
Mounds View city Council August [b, 196�i
Regular Meeting Page Tau
Clerk/Administrator Paulev rcvicwed th.: mcna, of August 8. ConsiderL a o
22 regarding the leave of absence requested by Julie Request for
Absenc
Glines.
Motion/Second: Hankner/Quick to approve the leave of
absence for Julie Glines and authorize Staff to
"__ _ art -time accounting clerk.
ddVCLLii65 ayes u nays
Clerk/Administrator Pauley reviewed the proposed
9. Consideration o
Memo Regarding
community development block grant joint cocperation
Meyers have
1pt
Community DvJoi
agreeme.1t. He stated that he and Attorney
Block Grant�.V
revlcwed it and recommend approval.
VPCL Gl1 Vr1
Attorney Meyers reviewed some of the provisions which
Agreement
have been added at the City's request.
Motion/Second: Haake/Hankner to approve Resolution
No. 1912, approving the joint cooperation agreement
for
between Ramsey County and the City of Mounds View
the Community Development Block Grant Program, and
waive the reading.
Motion Ca d
5 ayes 0 nays
Clerk/Admin�.strator Pauley reviewed Staff's memo
10. Consideration o
Memo Regarding
regarding the data processing system reques'_ for
like to advertise
Data Processing
a proposal, and stated they would
to be opened October 1, 1985.
Sy,tem Request
for bids
Moti-)n/Second: He.ake!B'_ancharu to approve the data
processing system request for a proposal and autho-
rize Staff to advertise for bids.
Motion Carried
5 ayes U nays
MZ,yor Linke closed the regular meeting and opered the 11. Public Hearing:
first public hearing at 7:42 PM. Car Wash at 232Highway 10 -
Wayne Brunn, representing the applicant, Ronald CUP
Richardson, reviewed the plans for the proposed self-
service car wash. He answered questions regarding
landscaping and the retention pond, stating that all
water used in the operation of the car wash will be
going directly into the sewer system, and not out on
the grounds of the car wash.
Director 'thatcher reported the Planning Commission
had recommended approval of the proposal, and had
recommen,ied a public hearing be held.
Mounds View City Council August 26, 1985
Regular Muatrhg Pago Three
------------------------------------------------------------------------
Couneilmember Hankner asked if the Planning Commission
had discussed contacting the residents at the time the
plan was first discussed, rather than at this time.
Director Thatcher replied they have had a problem getting
a quorum during the summer.
Scan Sirwa, 5279 WCunpell Drive, aakeu wiry Lisa iebiucsiiLG
were not notified at the beginning, and what would be
required to stop this now.
Mayor Linke replied that the Council is soliciting their
input at this time, and this is the first time it has
been formally presented to the Council.
Director Thatcher explained the City installed a sign
on the property, stating that it was under development
consideration, and they mailed notices to the residents.
tie added the Code does not require a public hearing,
yet the City is doing t!d s as a courtesy to the residents.
He added the Council has not made up their minds yet oa
what they will be doing, and they are soliciting comments
at this time.
Mr. Brunn explained the hours of operation will be 7 P.M.
to 10 PM, with an attendent on duty at all times.
Don Zappa, 5249 Jeffrey Drive, stated he was concerned
about garbage being left outside.
Mr. Sirwa stated h.-, was concerned with garba;e glowing
across the street and into his yard, aad the smell the
water might have ii it sits o•i the ground.
Mr. Bunn explained tha storm sewer will be for surface
runoff only, and the saaitary sewer will le fo: the car
dash itself and water will not be able to go directly
to the street or anywhere but the ewer system.
Jim Hass, 5240 Jeffrey Drive, stated he does not h,:-
enough water rressure in his home now and was concerned
he would have less with a car wash here.
Director Thatcher reported there is very goo6 water
pressure in that area, but he will have someone on Staff
check into it.
Mr. Sirwa stated he also has a problem with his water
pressure.
James Jackson, 5299 O'Connell, stated he also has a
problem with his water pressure, and he also is
concerned with who will maintain the berm, stating
he would prefer a solid funce.
Councllmember Hanknor explained those cone, ne. could
be covered in the .I, . I'q.lpunt J111,'.11b n; .
Mounds View City Council
Regular Meeting
------------------------------------------------------
August 26, 1985
Page Four
r
Russ Rudd, 5289 O'Connell Drive, stated he would like a
well maintained fence along the property, on all sides.
He added he would not object to the business if it is
maintained properly.
Gina Hass, 5240 Jeffrey Drive, stated there is already a
noise probler, in the nE1gl'il oriwvu due to their location
by Highway 10 and other businesses in the area and she
dce2 of want additl—al •.aff:r nr nniaa.
Mike Rich, representing the owrer of the property,
stated they have followed all the proper procedures,
and the Planning Commission has reviewed it and the
property is properly zoned. He added the concerns
noted will be taken care of.
Councilmenber Hankner asked if a fence would pose any
problem as far as drainage was concerned.
Director Thatcher replied it would not. The planning
Commission has recommended going with a berm rather
than a fence, but the Council can make their own
decision.
Mayor Linke noted the public heariny was not required
by the Code, but the Planning Commission and City Council
felt they should get the reriderts input.
Mrs. Brandon, no address given, stated -,he also tas a
problem wath her water pressure.
Mr. Rica pointed out that those who have a problem with their
water pressure, it is because of the size ser%ice they
have going into tneir homes.
Mayor Linke closed the public hearing and reopened the
regular meeting at 8:10 PM.
Motion/Second: Blanchard/Quick to table action on this 12. Consideration
item for two weeks, so the engineer can inspect the area Resolution No.
and check the water Pressure problems. 1919
5 ayes 0 nays Motion Carried
Mayor Linke closed the regular meeting
and opened
13. Public Hearing:
the
next public hearing at 8:15 PM.
Super America
at Highway 10
Bill
Lais, representing Super America,
stated they
and County Rd I
were
requesting action on the conditional use permit
for
Super America. He added they have
agreed to all
the
conditions the Planning Commission
has recommended.
Mounds View City Council
Regular meeting
---------------------------------------------
Tor Wistrom, representing Kraus Anderson, reviewed the
street light proposal and placement of the lights. He
added they have authorized NSP to go ahead and install
the street lights, and they hope to begin work later
this week.
Bob Waqner, 2590 Mounds View Drive, asked what the
street lighting would consist of.
M.I. NlbuW.. auvweu L„c for t.:C light- and their
placement.
Director Thatcher explained two lights have been in
place since 1982, but NSP would not turn them on until
the property was developed.
Joe Mesanz, 2626 Lake :ourt Drive, asked the status of
the rezoning.
Mayor Linke explained it had been app:oved with the
second reading and adoption earlier in the evening.
Councilmember Hankner explained some of the history of
ttie property, with thm owner attempting to sell it and
finding a buyer in Super America She explained the
developer is very willing to work with the City, and
the only reason rezoning was necessary was for the
installation of the gas pumps. She also pointed out
that Super 4merica has agreed that if in the future
the gas punps are no longer being used, they will be
removed, along with the tanks. She added that as
members of the 2ouncil, they must be very careful
abuit the decisions they make.
Mayor Linke closed tle public hearing and reopened
the regular meeting at 8:29 PM.
August 26, 1985
Page Five
---------- -------
Atto•.ney Meyers advised the Council to base their 14
findings on section 40.25, Subd. C, (2), which
includes that 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, that 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 deterrance to develop-
ment of vacant land, that the structure and site shall
have an appearance that will not have an ativerse
effect upon adjacent residential properties, that
the use, in the opinion of the City Council, is
reasonably related to the overall needs of the City
and to the existinq land use, that the use is consistent
with the purposes of -h, Zoning Cudr If,,' rho huipoaes
Consideration
of Resolution
No. 1921
Mounds View City Council August 26, 14Ri
Regular Meeting Page Six
------------------------------------------------------------------------
of the zoning district in which the applicant intends
to locate the proposed use, that the use is not in
conflict with the Comprehensive Plan of the City, that
the use will not causr traffic hazards or congestion
and that adequate utilities, access roads, drainage
and necessary facilities have been or will be provided.
Attorney Meyers also advised that a 4/5 vote would be
requir nu.
uirecLur matcher expressed concern in tying in the
berming and joint driveway with Donanza Restaurant,
who was the next scheduled public hearing, but who
was not present. He explained some modifications
would be requireu to the parking plan, and the berm-
ine would have to be shifted in order to properly
buffer the residents )rum the businesscs. llc stated
he understands Super America and bonanza are willing
to work together. He also explained there are some
questions yet on the right turn lane onto Highway 10,
and the highway department will be getting back to
him tnis week regarding the signal modifications.
Mr. Wistrom stated he felt the two pieces of property
should stand on their own two leas and be dealt with
separately. He stated they must cons.der that 3onanza
nay decide noL Lo go ahead, buL Lhey are pore than
willirg to work with them.
Mayor Linke stated he felt the two properties should
be dealt with separately.
Motion/Second: Quick!Blanchard to table until the
pro ems ran ae worked out with the berming between
Bonanza Restaurart and Super America.
2 aye, 3 i:ays
Councilmembers Hankner, Haake and Mayor Linke voted
against the motion, stating they felt the two
developments should be dealt with separately.
Motion/Second: Hankner/Haake to approve Resolution
No. 1921 for the conditional use permit for Super
America at the southwest corner of County Road I
and Highway 10, noting the findings as stated by
Attorney Meyers, contingent upon a letter of
agreement between Super America and Bonanza on the
common development issues and MnDOT signal light
approval and Ue agreement of Super America to
contribute up to $10,000 in value of services and/or
cash for the construction of the right turn lane
from County Road I to east bound Highway 10, and
signalization as required by MnDOT, and waive the
reading.
Motion Failed
Mounds view City Council August 21985
Regular Meeting Page Sevee n
Councilmember Quick - aye
Counciimember Blanchard - nay
Councilmember Haake - aye
Councilmember Hankner - aye
Mayor Linke - aye Motion Carried
There was considerable discussion before the VGtC
taken regarding considering the developments bvpa,aL2lY
and Super America and Bonanza working together, and the
amount Super America was willing to spend on the right
turn lane and signalization.
Mr. Wistrom recommended getting together with Clerk/
Administrator pauley and Director Thatcher to work
on the details and the coat to be cnvered.
Mr. Hartmann stated Super America is willing to con-
tribute up to $lo,C00 toward the project and they would
prefer to io the site work themselves.
Mayor Linke pointed out the citizens main concern had
been traffic on Mounds View Drive, and the studies done
have indicated that it will not be a problem or have
an adverse affect on their neighborhood.
' Mayor Linke closed the regular meeting and opened the 15. Public Hearing:
next public nearing it 8:49 FM. Rezoning of
Property at
Clerk/Administrator Pauley recommended continuing the County Rd 1 and
herring to 7:15 pM on September 9, as no one was Mounds view or.
present from BorLnza Restaarant.
Motion/Second: Linke/tlaukne- Lo continue this item
until Septa:.,ber 9. 1985 at 7:15 PM.
Motion Carried
5 ayes 9 nays
Mayor Linke closed the public hea-inq and reopened
the regular meeting at 8.50 PM.
Mayor Linke closed the regular meeting and opened 16. Public Hearing:
the next public hearing at 8:50 PM. Minor Subdivisiat 8101 Long
Director Thatcher reviewed the request of Donald Lake Road
Kelley tor a minor subdivision at 8101 Long Lake Road.
He stated that the applicant meets all requirements.
Mayor Linke closed the public hearing and reopened
the regular meeting at 8:51 PM.
Mounds view City Council August 26, r985 I
Regular Meeting Page Eight
------------------------------------------------------------------------
Motion/Second: Blanchard/Quick to approve Resolution 1
No. 1920, approving the m'nor subdivision request for
Dc•eld Kelley at 8101 L-ag Lake Road, and waive the
reading.
5 ayes 0 nays
Thatcher explained bids had been opened
earlier in the day for the improvements for the
Gale/Yost addition, but they had been very comparable
to the bid: received the first time, which were
rejected. He added that City Staff has made a
proposal of $41,000, plus the engineering costs and
anticipated permit costs, which total approximately
$9,000.
Attorney Meyers advised tiie Cuuucil to con�;idcr the
ramifications of having City Staff do this project.
He stated he duuld be very reluctant to have Staff
irvolvad in something of this nature, and cited
recent court findings where Cities were found to be
liat'c `ter the advice given by their employees.
Director Thatcher explained that the Council did
direct Staff to design this project.
Councilmember Hankner expressed concern with the
liability involved for the City. She also pointed
out the City has not done this for other developers
before.
Counci_member Blanchard stated she was very opposr.d
to having the City engineer do this. She stated
bids have beeu solicited wire, and the city should
either go with the low one received, or reject all
bids..
Councilmemb:r Haake suggested 'waiting until next
year, if it was agreeable to the property owners,
as this year is very busy for the constriction
companies and next year if it is slower, bids could
be much lower.
Mayor Linke reviewed the history of the area and
the problems the neighbors have had there.
Clerk/Administrator Pauley advised that the Gale's
and Yost's had petitioned for the public improvements
and the City had advertised for the bids, and if the
City approves the low bid, they could refuse to pay
if they do not want to go ahead with the improvements.
He added the Council could reject the bids and order
a fence installed.
Mction Carried
17. Consideration
of Start Memo
Regarding
Gale/*.ost
Addition
Mounds View City Council August 26, 1985
Regular Meeting Page Nine
------------------------------------------------------------------
Ken Sjodin, representing the Gale's and yost's, stated
that John Johnson had given them an estimate of $38,000,
and they proceeded based on that estimate. He stated
he would have to check with his clients to see how they
would like to proceed.
Motion/Second: Hankner/Haake to table action on this
itemT unti eptember 91 1985.
5 ayes 0 nays Motion Carried
Clerk/Admir,istvator Pauley reported this item had been 16. Staff Memo
placed on the agenda in error and would be on the Regarding Mi
September 3, 1985 agenda instead. film Reader/
Printer
Director Thatcher ssked for approval of Resolution No. 19. Report of Pub11
1922, in appreciation to Josey Warren for her service Works/Community
on the Planning Conunission. Dvlpt. Director
Motion/`econd: Linke/Blanchard to approve Resrlution
to Josey
n fo: her
se ice 19zt in a Planningocommission,Wanaeweive the
service to the Planning
reading.
5 ayes 0 nays Motion Carried
Attorney Meyers had no report 20. Report of
Attorney
Coar.rilmember Quick had no report. 21. Reports of
CocncilmeTbers
Ccuncilmember Blanchard reported she had attended the
performance of "Cklahoma" by the MOLnds View Community
Theater and found it very good.
Councili.,ember Haake had no report.
Councilmember Harkner had no report.
Mavor Linke reported he had also attended the performance
of "Okiah^ma" and enjoyed it also.
Mayor Linke reported he had received a letter Lwr,
William Wilson, a Councilmember with the City of St. Paul,
asking for the City to work with them against NSP and
their request for electric rate increases. He asked that
Staff look into it and make a presentation at the next
agenda session.
Mounds View City Council August 26, ,Uc,
Regular Meeting Page Ten
----------------------- ------------------
Clerk/Administrator Pauley presented the Council with 22. Report of
copies of the new booklet which will be presented to Clerk/Admi..
new residents and businesses, giving information on for
Mounds View.
Clerk/Administrator Pauley reported that Electrical
Equipment Service Corporation, who is presently based
♦hoir now farility on the
last vacant lot in the Mounds View Industrial Park.
Clerk/Administrator Pauley updated the Council on the
status of the request for a fuur-way stop sign at Red
Cak Drive and Arden Avenue. He reported it had been
denied by the County Committee, but they are making
the :ecommeadation to turn it back to the City. He
added Director Thatcher w+.11 present the Council with
a report on the condition of the road at Li,eir ueaL
agenda session, ar.d the item will oe before the County
Board at their September 9 muting, at which time he
will convey the Council's thoughts. Le added he will
be requesting the County bring it cp -o an acceptable
level before turning it over to the City.
Clark/Administrator Pauley reported he had met with
the administrators/managers from Blaine and Spring Lake
Park relative to the fire deparGuenL, and they are also
skeptical on the figures provided by the fire aeparLwent,
and they will be requesting that funding he provided by
the three cities to update and investigate the figures.
He also .reported on discussions regarding fire protection
services at the Anoka County Airport, and how it is being
billed. Clerk/Administrator Pauley also reviewed the
budget request of the fire department for 1986.
Mayor Linke stated he would plan on attending the
September 9 County Board meeting with Clerk/Administrator
Pauley and would also like to present the library petition
to them at that time.
Motion/Second: Blanchard/Quick to adjourn the meeting 13. Adjournment
at 9:25 PM.
5 ayes 0 nays
Motion Carried