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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 --------------------------------------------------------------------------- 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 $I'wt to Street bl. 1 ler;t+ SAW Nw yrr ybs• o' type or; 9 fvrti�_: 11wt1 Ilwt1 1K. ys. 66iIt lot rim. rar/rn dirt^ % Clne. 111ver, Ute k. Co k. of bvtir Drive I11 I,171.1 41.0 5,1K.7 Ili- M.A. T,L 6 3 CBAP 1111yr Lau k b,w Drive Cc to 1 111 1,171.1 46.1 Cm 19- IL IL 1,1. s 3t CSAr Ill lwr Uu to cc It 1 T. K II la 1,171.1 /1.1 &7K.7 I1- IL A. T,L S k CS* I611OT1► 7 3,711.1 it, 7K.7 TCTR 3,714.0 1 S. 716. 7 TIM Edo it 3,711.1 19,7k 7 ON Lake k. Co. k. K tans vivo Dr:n IS[ "1.1 24.0 2,E13.3 IS- NA T,L.A 5 21 Cale Lora Lew k. bndr Viso Drive T. K II 163 516.0 24.0 1,31141 1`- M.P. 1,L,A 5 21 LSAT Les I. eke It. T. K I. 1r0Rwr Olft 164 MA 14.0 Sm l 19-- ILA. T,L 5 21 CSM Lori Lake k. Dow Drift Co. k. I 163 W.1 14.0 C, 2M.7 19- K0. T,L s 21 CSIM LW4 Ltlt k. Ca k. I N11iViso k. Im 1 M9 ftl 7,Sm. t 19- AL IL T,L 6 21 C63M Lora Leu k. N111v1+k. Nrmdt b. 167 I,Y3.1 24 1 3, 5261 19- IL A. 1,L 6 R CSAN Lcrt LIu k. N."? Iw. E. Owrloo. or Ave 171 716.1 to.1 1'"3.3 19- K0. T,L 6 21 CSIM Lw{ LeW k. tt+" Drive Eo,utd k. 172 640.0 N.1 1,1%.7 19- IL4. T,L 6 21 CSPr Cc. k. I T. K I$ ►w'+•m0 Irin 26! 619.0 24.1 1,69.7 19- ILA. T,! 6 b CUM C.:). Ib. 1 1 ewro! Drive Legg Ulu Ad. 262 315.1 24.1 I,W.t IS-- M.A. T,1 5 & CSAII Co. k. I Erttkta Oalrcy 6'tmi t72 48.6 24.1 1,113.3 IS- K,L T,L 6 M CSA11 DAM) It VI to Faw rm 173 93.1 K0 2,426 7 19-- ILa T,L s 22 C544 ISTO7k 12 9,1:9.9 t/, W.I TDTR 1,119 9 94'm 1 Co b. t t Aedar Dr,0 Iroyride tJ. 93 315.1 14.1 12t.1 196E KA. T,L,; s 21 C51W Co. A'. 0-2 111m,"100 k. Latp Lake k. N 1,649.1 &1 4,RU 116E IL IL 7,4A 5 d M* Co. b. 14 Lora Lou k. Ribs kin 15 959.1 N.1 611.7 1%6 M.IL 7,I,a 6 d MO. Co. III. N$ bibs Drip lrordtlr k. % X9.1 &0 VJ 1966 M.0. T,L,A 6 21 CSr Cc k. N-t Irordlll k. Edpmad Orin T LEO to.1 1,693.3 I16E ILA. T,L,A 6 21 CSAr Co. k. N-t Eopww er,n T. K 11 to k9.1 N.1 1,00.7 116E IL T,L,A 6 24 CSt/F of k. Ca b. N tbodc-ttt O.1n 156 1 14.0 1,M.6 1966 11111.0. T,L,A 6 21 At k. 10& 1 DrAw Nciaalr Drift 119 to 1 1,751.9 1%6 IL0. T,L,A 6 a 11.91 Vies Street Iyirtrra" 9tse7 Street Mleant fwe ether Ic street Laf; Lake k. tboee;e Dive Up Lme Lo% Lake k. Ridge Lrw Ca, k. le Lerq Lase k. See-m= INS. Leport br;.e Liq Erie 10. Wort Dive lryr Ave. Lon; Lake k. Ar", Me. M. Arai. Ave. 1. Ca k. I Lvq Lake k. Moot Len Din Co. b. 1 Moat;w Dive DON Fe. CO. k. I 90v k. Eape.00t Div CO, k. I Eap am Din lirwfieit An. Co. k. 1 &wrfitle Ave. St. Ai.+,a: Strwt u 1E. I St. Aidwl Street It, Stophr 5t-set CO. ow. I St. Stepney Street Jaonor Din :a b. I Jaekw Dive bass Street CO. k. 1 Mac Street Eriekion SI'OTAL TM TC14 wow, t9 TAKI 9 - Csff-$Urfece Cistrest • Een^e Se;. I I@Vh n/tA am lee• lee' of type an 1 Foctiwd :fat) ifati 114. yesm"'Jit lost u:pt, wrfeo ltetmt Cleo. 161 111.1 2e.1 111.1 196E M. A. 7, L, A 1 a Cw 16: 91/.1 14.1 4661.1 196E M.A. T,L,A S ?I C/AAr 166 511.1 14.1 1, 31c 1 196E ILA. 7, L t 3 CS4 169 5II.1 te.1 1,iM 1 1%6 M.A. 74 1 M C11* 171 JM.1 14.1 0.0 196E ►A. T,L 9 e MW 2E; 0.1 te.1 1,714.0 1%fi IL A. T,L 6 a C6* 2H 3I4.1 Its. I Ill.? 196E M. A. T, L 1 SI M- �` J 1 t.0 te.I 117, J 191e5 M. A. T,L 9 to MAIr 26E Jr.a 1e.1 124.1 1966 IS A. T,L 9 Si CM t6' 16a.0 2e.9 1,Lit.3 1%6 ILA. 7,L 6 M 40, 26e M5.1 ts.1 76e.1 1966 1L A. 1, L ti M Cw 269 1951 te.1 25.1 1966 M.A. T,L 1 t/ Cfa* 771 /tS l 14.1 1,171.1 196E L A. T, l 1 b 31, Al e15.1 14.1 1,1O.7 1%6 AL It T,L 6 11 We, 22 11,9!e.6 a,11L6 16, 914.6 H,11S.6 l9,97a.5 51,1SL7 61AK .t'A: C�ik 4VEAE t3,fee.5 Tt,l15.7 111boK4 Viw St'w Itelydraete Study Sheet wgw t fro ft•w' to st^wt Co. b. 0-2 /ieasmt View Dr:w Scrip lake A1. S ATD'k TDTIIL Co. Its. I City Lisits 6►:p lake k. U. k. I Slriel Lake Ad. f(Wiscod DrIA Ca All. I Km: imwd Drive &"Iwo k. Co. Ad. I 6":ud b. filrolld Ms. Co. Ad. 3 lcrcNid Ave. b3aek Drlre Co. W. i btae. Drive Seeeystde Ad. Co. it. I 6ald"At k IN T. K t1 Co. W. 3 Ike T. K 11 lap Lek# b. T-. k. J ;c.,5 Lake III. east City Licts MTAL TDTAL La k. t62 ivi-q lake Ad. Arolleood Orio Co. k. w-2 Amllelgd Drive lilver UM b. Co. A,. IF2 Siivv Lake Gd. Atdoak Drive w7c, AL TFIL MUL 011"Tt. 21 lilvvr lake DI. W U. N Ibddcrnt Drive E. Silver lake Ad book t Drive 6. b'dele Dr,e Silvw Lake b. Wall Drive Co. k. N2 WUTUTFL Toxf 9 - 15-'Svvre D)at-ess - kderate jl. 6 in16 •.uiR 614 y18 lei- :f t-A N; a eye t'WI (fat) (fall 41, Oclecat IMt Y1et. Wrfre diWele Clew 19 7%.1 211 1,177.3 19-- KA. T,L A 21 CO 1 Wl 1,1T1•3 7/t.1 1,877.1 326 672.1 21.1 1, 792.1 I IL IL T,L A 21 MIN 327 411 21.1 1,2M.1 ISU KA. T,L II 21 C5Ar 326 43.1 21.1 I,216.1 IV KA. T,L A 21 LSA' 329 1/3.1 21.1 I, am I 1933 KA. T,L A 21 CNh 331 SM I 21.1 1, ea.1 013 A. A. T,L M al CSW' 33: 58.1 21.1 1, I/C.1 13M K A. T, L 1 21 6-JW SR Tn.1 21,1 1, %L 7 1533 IL A. T,L A 2/ CSIM 333 7MI 21.1 2,64.1 IU3 A.A. T,L A 21 CSAM 731 2, fim,1 21.1 7, Cd,6. 7 1933 K A. T,L A 21 34� ! -, ]aI 1 i, SS. 3 7, 3v2.1 19, 525.3 69r..1 ?1.1 1,IH.1 i%6 A.A. 74 If 21 C5111 91 1K.$ 24.1 2,137,1 1i66 IS A. T,L A 21 MAN 92 GA.! 21.1 1,7%.1 1%6 kk 1.1. A 21 r,SM L, I/7.1 5, 72i 7 11,17].1 21,121.1 115 tiSl ALL 3,51L' 19— KA. T,L a 11 rco 116 CIA 1/.1 6, 5]1.I t�-- ILA. T,L A 11 LSM 117 1,111.1 11.1 6,111.1 19- A.A. T,L A 11 rs* 3 2,6MI 11,IN. 1 0 brOs vte. It'W Ilr:mt"MM MIMI) Tel 9 • MA- S.•,¢" D:rt-nt - bwor Street wgw,t frn rt-eet tc st•nt Be; 1 Init� alw YN yn• yei• of type M{ / Fimrttdtel ITw Ifni' Ip. yes.*111 last u.M, w•her trstms Class. TVA 2,mo 11,1H.1 Co. b. tr2 T. P. 11 D:mooc Cart A 4r 1 le.3 1'ry,l 196E It0. T,l 11 1 11 cm Rk'LT0. I 4L1 I'm$ TOT0. 4r.1 I,M.1 NT0. ImEK11 II 3,191.1 15, IV.1 "e1ii T0. CS? IIXIK,—c II 1l,I61.1 12,365.1 fbwte Vte. stint 16:Atwtrn St,Af TMIJ 6 - Leal Stroete'Swfeee Cietnee - Srery to Wool Sal. 1 lerytt+ 014te OF" Year w, of S fx. ei.tr"duM,eNl IfmI (fat) 1*7da1 hill leaf as"t.type on / Class. �/lm 6 1.116.1 %656.1 1 a A ✓r.'r f n S '/ G UTTJTI, L_�21661 LIL? 1 21 A ) U7T0. 13 11, :11.1 ll,tul 1 11 LQ WFAL 21 15,5ml 61,176.E 1 21 LA 1�TLRIL I2 5.71E 21,1111 II It LQ A, _ 9jrmT6L IS 15,191.1 47, 0-t 1 11 L1t 9lro, 51 57,M1 18,276.y 1 a Lac MT& 6 2,116.1 %in-7 a 15 A rl fL i V^- ((� � � � UT0T1L A 26, %2.6 17,e55.; Sl II Lac . UTCTIL 1 4SN.1 21,061,1 9, 2 A UTMIL 1 V 7 0 L Total 12 lIK31LI 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,� s+mr fe G.V•/ l it r F.f^r"th • v.✓ I LE .rr,. Q�h�� 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. 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-------------------------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 Ner------------------------------ --------""---------------"---------------------------------�----" -------bn-Me-fuse-dnr-ef-------------1------------17-19---r-the ttty-ef-Mott nds-Vtewr-Reiser-fennlrr-Mtn Me Mat ar-wt41-per-fe-beare r et ----------------- the -aam- ef----------------- OOEEARS-ter-------- 4nletea!-lhen-Ant en-tls-}n�prevrn�en!-bend-doled----------------r- 49--- I -Nor------------------------------------------------------- — -' t Peestmt+e-stgnntnre+-------------------'---"--------"------ "--- 8}erk-Admtntstreter-----------------------lfeestn�:}e-a:gnelnrel-- ------------------------------------ ..___.---------------- we r-- er-- .. ------- he-------- 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 . -------------------- rN{'fbH-5'fATHS-HM-AMtRfeA-------------------- ------------------------ SWAiH-SP-M{NNBSOTA----------------------- ------------------------- EHHNWY-HP-PAMSBY------------------------ ----------------------- etWY-HF+-MHHNHS-VfHM----------------------- ------------------------- {MPRHVNMBNW-HHNB------------------------ Ner--------------------------------------------------------i}rgoo ------- NNdM-AE;h-M44-9Y-94&SS-ppaca4WS_lhea-lhe-atly-af-Mw«ode---- Vtewr-a-mwntetpe}-eerperat ton -af- Ramsey -eerneyr-Mlnneesta 7- hereby aeknew{edges-4tse}f- to- be-Indebted-and-for-ve}re-reeetved-pre---- m:sea-le-pay-beerrr-lhe-sam-ef----------------------------------- ------------•----------HNB-WHHHSANB-99bbARS---------------------- en-the-ftrat-day-of ------------- r-{9_--r-trteher!-epeten-ef-peter payment+-fern-4f-lh:s-bend-:s-prepnyebe-es-noted-be}er--en-•---- prter-dole-:n-rhteh-:t-she{}-Aeve-been-do}y-ee}{ed-for-eedemp---- l4enir-end-le-pay-4nterest-thereon-et-the-rate-ef--------per-een! f----if-per-annrm-from-the-dale-hereof- tint }}-seed-prtne pe{-arm-- ta-eatd-ter-roll}-ehts-bend.-tf-prepayab4e-is-dw1.­ee44ed-fer---- • rrdempltenfr-tend-ee-ehe-eddtetene}-role-ef--------pee-eenl------ f----if-per-annnm-+ram-------------r-}9 to ------------- 7------ }9_rft-r:+:eh-sneeresl-te-payab}e-------------r-f9 --- r-end-eemt- ennue{{y-!hereafter-en-------------- an -------------Tn-Ieeh----- yearr-tnterest-te-maenrtly-betery-payab{e-tn-aeeerdanee-wtlh-and-- rpen-preeenletten-end-enrrendet-ef-the-tnleres!-eerpene-epprr---- tenen!-herete-feeastsltnq-of-two-set er-one-representing-tnitree!- a!-ehe-baste-rate-staeed-ebeve-!rem-date-ef-Issue-to-maturity-and the -other .-destgnated- as- a8a-eenpenor-repretenitnq-interest-al-- the-add+ttene}-rate-end-fee-the-{tmated-pertad-stated}r--Both---- petnetpe}-end-tneerea!-err-peyebte-ee------------ r-in---------- r- In- any -eetn-er-ewrreney-at -lhe-Betted-Ste les-eT-Amertea-v tit e an- the- respeettve-aatee-e+-payment-tn-iege}-lender-far-pub{te-end--- prtvote -debtsr-- Fat -the-prompt -end-fn{}-payment-at -astd-prtnetpa} end-tnterest-es-the -same-beesme-doe-t%P-fr}}-fatlhr-ertdt!-end--- taxing-pew#ers-ef-seta-etty-sha}}-be-end-are -hereby -4rreweeabfy--- p{edyedr---------------------------------------------------------- -------Whte-bend-ts-one-ef-e-ter:ee-4n-lhe-eggregaee-prineipe}--- emennl-ef-G--------------ereept-as-te-eerta4-namber- end-matur}ty- ftneerest-race-end-redemptten-------------r-a}}-of-}Ike-dole-end- eener-prtvt{egei-tasned-by-eetd-etly-prrsran!-le-e-hoe}rlten- -- dr}y-adepled-by-lAe-etey-eenne4}-for-lha-prrpese-ef-paying-eeele- ef-neeeeeery-{tee}-tmprevrmenls-wtehtn-lhe-eteyr-end-te-feared--- prrsran!-le-end-4n-+r}}-eonformtly-wl+h-da }ewe-ef-lhe-Sceer-el-Mtnnesele-cneernnee-enact}Ingr-toe}.ding-lAt- Mannds-Vter-Hawe-Na+rFharler-enA-Fhepler-Q6-af-lhe-Mrntetpe+•-- Feder -ea- am" nAeAr--'this- heed-ts-payeh+e-prime rt+y-frees- the ------- }mpeevemene-Hene-NeArmpltwn-NnnA-al-lhe-Ftlyr-ereeteA-by-Fhepler- tltlrtl++-at-the-Mwnnds-Vter-Montetpsi -Feder-by-the-Fennet+-to------ regntred-by-+er-lw-psy-ehe-prtnetpe+-end-4Aterss!-thereof-ere-of- any-fund-wf-the-tatty -tf-ever-the-emeun!-eredtted-to-satd- tend ---- shwa+d-be-tnenttteteA!-ter-sreA-perposer------------------------- -------tBwnAA-of-lhte-series-melretng-to-lAe-years-+9---- thrergh- +9 --- r-are - not -subjeet- to- redempt ton -peter- to -met art lyr-bvt-these malertmg-to-the -red rim -+9 ---- through-}9--- r-ara-eseh-subjeet-ae--- redemptten-end-prepayment-e!-the-oPltan-of-lha-oily-en----------r +9---r-end- SAY - interest -Pay men t- date -thereat torr-ta------- order-- 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 before -the -date - speetf+ed-6or- preps -any -of setd-bwnder-the-Ftlr-rt++-me•+-a-nottee-at -ehe-ea++-thereof-le--- !he-he+derv-tf-knernr-end-tm-ehe-bank-el-rhteh-prtnetpe+-and ----- t�leleEt-ate-tfer.-paytGia. Jendhaide r a-ua8+rt ng-+a-reee the-sueh- nettee-wer-regteter-lhetr-names-end- addressed- and -the - Sort a+ --- -- nrwbers-et-lhate-lands-r:lh-lha-F4ly-ieeesarrrr+---- ------ ----- -}'f-+ti-HRRNBV-FHRt}p}BBr-RB£iWBBr-FHVSMAWTSB-ANB-ASRBBB---- the!-e+i-eetsr-eena+!tnns-end-things-regntred-by-the-Fnnstttotten end-+ors-ef-the-State-nf-Minnesota-le-be-donor-le-axis! r-to------ 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 has-+ev+eA- upon- e++-toxeb+e-property-rtthtn-its-eerperate-Iiwits- e-dtreetr-ennueir-ad-ve+erem-tax-for-the-years-end-tn-lhs-uernls regntred-tagether-rtth-esetmated-ee++eeetens-ef-the-speeta+------ assessment a-+evted-end-to-be-+ev+ed-for-said-tmpr.tvemenls-and ---- appreprteeed-te-Setd-Nedewplten-l+undr-le-prednee-sours-net-}ass--- ehen-5t-tn-excess-ef-ehe-annoe+-emeanto-ef-prtnetpa+-end-tnteres! !e-bteene-due-upon-the-bards-e+-thts-tssee-end-a++-ether-bends--- peyen+e-from-setA-Redemplten-Prndr-lhef-odd:e+ene+-taxer r-tf----- needed-for-the-payment-ef-se+d-prtnetpa+-end-rntereslr-der-be---- +erted-upon-sneh-praperry-r4ehan!-+tmtlniten-es-le-rsla-er------- emennet-end-that-lAe-tsarenee-et-lh:e-bend-did-net-esose-the----- tndeblednees-ef-said-Etly-le-exceed-anr-eensltlol+ena+-er-------- statutcry-+tmtteltSnr-------------------------------------------- -------M-Nf?NBBB-MHRRSHF-the-e+ly-ef-Meonde-Vterr-Ramsey-Feuneyr MtAnesetar-by-itn-F4ty-Feonet+r-hae-eansed-lhts-bend-le-be-axe--- erled-tn-its-behe+f-by-ehe-ffeestm++et-etgnalnre-ef-tee-Meyerr--- eensleestgned-by-the-oily-e+erk-and-the-eerpereee-see+-le-bs•---- aff#xed-heeeler-end-♦he-epperlanew!-twlereet-eeapwne-le-be-axe--- coeed-end-anehentteeled-Dy-lAe-fsestmt+e-s:gnetnre�-ef-eatd------ effteersr-and-has-eaused-this-bend-to-be-dated-es-of-------------- --------------- r-+9---r------------------------------------------ ew+nterstgeedt-----'------------------------------------»_--__ et.-e+erk------------------------------------------------------- ------------------------------------------------------- Mmrir- (Seel) ---------------------------------------------------------------- -----------------------------------------------------------acrel- -------------------------4Farm-et-eerpdvH------------------------ ' Ner---------------------------------------------------i---------- -------on-the-t4rst-day-el--------------i------------47-i9_r--- the-etty-e4-Meends-V4err-Ramsey-eernlyr-M4nneeet ar-riti-pay-ee--- bearer -at ---------------- r-the-srm-e4---------------------------- 09ttAP.9-ter-4nterrwt-the"-dae-an-tea-*mprevement-Bend-dated------ --------------- 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