HomeMy WebLinkAboutAgenda Packets - 1985/06/17CITY OF MOUNDS VIEW
PITY COUNCIL
AGENDA SESSION
JUNE 17, 1985
7:06 P,M.
1, Work session and focus panel with Planning Commission
and Wuornos and Associates,
2. Consideration of staff memorandum regarding Super-
america's request to rezone property located on the
southwest corner of Highway 10 and County Road I from H2
to H3.
3. Consideration of staff memorandum regarding M. H.
Anderson's request to sub -divide property on northeast
corner of Silver Lake Road and County Road H-2.
4. Review of proposed Municipal Code Chapter 400,
Administrative offenses.
5. Discussion of Northern sound billing.
6. Review of staff memorandum regarding code review.
7, Consideration of staff memorandum regarding Cable TV
franchise amendment.
8. Consideration of ordinance No. 395, an ordinance
amending Chapter 2 of the Municipal Code entitled,
"Council".
NS J L✓ Lf L Ld
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
June 10, 1985
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112
------------------------------------------------------------------------
The }Munds View City Council was called to order 1. Call to Order
by Mayor Linke at 7:34 PM on June 10, 1985.
The Pledge of Allegiance was said. 2. Pledge of
Allegiance
MEMBERS PRESENT: Councilmembers Haake, Hankner, 3, Roll Call
Quick, Blanchard and Mayor Linke.
ALSO PRESENT: City Attorney Meyers, Clerk/
ministrator Pauley and Public Works/Community
Development Director Thatcher.
Motion/Second: Blanchard/Hankner to approve the 4. Approval of
a-y $—E9Uminutes as corrected. Minutes:
May 28, 1985
5 ayes 0 nays Motion Carried
There were no residents requests or comments from 5. Residents
the floor. Requests and
Comments from
the Floor
Motion Second: Haake/Quick to approve the consent 6. Approval of
agenda, as presented, and waive the reading of the Consent Agenda
resolutions.
5 ayes 0 nays Motion Carried
Clerk/Administrator Pauley explained the purpose 7. lst Reading
i393of
of the proposed section to be added to the
Municipal Code.
Attorney Meyers explained who would be handling the
fines collected, and stated they would be bonded
and responsible.
Clerk/Administrator Pauley added that all employees
with the City are presently bonded.
Mounds View City Council�6. r. �E June 10, 1985
Regular Meeting """' Page Two
----------------------------------------------------------------------
Motion/Second: Linke/Quick to have the first reading
oF6rlina�No. 393, establishing Chapter 400 of
the Municipal Code entitled "Administrative Offenses"
and amending Chapter 1 of the Municipal Code entitled
"General Provisions of the Code" and waive the
reading.
4 ayes 1 nay Motion Carried
Councilmember Hankner voted against the motion.
Mayor Linke explained the purpose of holding the 8. Public Hearing -
public hearings for gathering information to be Muldoon's Inc.
considered during the liquor license renewal
process for the establishments involved.
Mayor Linke closed the regular meeting and opened
the public hearing for Muldoon's Inc. at 7:50 PM.
David Carlstrom, 5297 Edgewood Drive, stated he had
several annoyances concerning the operation of
Muldoon's Inc., including the fact it was in a
residential area, driving on the boulevards,
noise between 1 and 1:30 AM, the lot not being
empty of people by 1:30 AM, 48 police calls between
September and April, involving 17 hours of police
time, debris on lawns, the loudness of the music,
the fence in disrepair, the rear of the building
being untidy, fights outside, suspected use of
drugs outside, bottles being dumped at night,
and a sign saying the kitchen was closed for
remodeling, yet still being open on Sunday.
Grace Zwieg, 5309 Greenfield, stated she agreed with
everything Mr. Carlstrom had stated, and presented
pictures of the rear of the establishment, taken
during the spring.
Attorney Meyers advised that all complaints should
be noted in the minutes, and contained by the City
Council, and the owners should respond to the
City and indicate what they will be doing.
Pat Conroy, owner of Muldoon's Inc., stated he was
not aware of most of the complaints, with the
exception of the fence, which was in bad shape
when he bought the place. He stated they clean
the lot twice a day, and he has spoken with the
City many times to make sure things are in order.
He stated he is willing to cooperate but he must
be told of what the complaints are.
Hounds View City Council' June 10, 1985
Regular Meeting -i, , Page Three
---rQ------
-----------------------------------------------------------
Attorney Heyers advised it is the policy of the City
to encourage the owners of the establishments to
report any fights or disturbances on the premise to
the Police, and as far as public nuisance, the owner
is responsible for controling that, and the Council
will consider all fact at renewal time.
Mr. Conroy pointed out many things are beyond the
owners control. He stated the fence has been a
continuous problem and they are trying to maintain
it. He also clarified that food is served during
the week from 11 AM to 8 PM and on Sunday from
12 to 8 1'M.
Councilmember Haake asked if Staff had checked
the sites in question. Mayor Linke replied that he
had gone to some of them today, and found them
clean.
Mrs. Zwieg stated that she would like Mr. Conroy
to keep the 10' area on the other side of the
fence clean also.
Attorney Meyers recommended a list of the complaints
be sent to the owners and have them respond before
the next Council meeting.
Director Thatcher explained improvements are being
made so the inside corridors can be used, and it
will be finished shortly.
Larry Wasik, 5280 Edgewood Drive, stated a petition
had been circulated regarding the Anchor Inn and
asked how it had been changed from a restaurant to
a bar.
Attorney Meyers replied the petition would have been
for the rezoning of the property, and once a property
has been rezoned, there are many allowable uses for
that property.
Mr. Wasik asked to see a copy of the petition. Clerk/
Administrator Pauley asked him to stop by City Hall
and Staff would attempt to locate it.
Mayor Linke closed the public hearing at 8:11 PM.
Mayor Linke opened the public hearing for Loose -Ends 9. Public Hearing -
on 10 at 8:11 PM. Loose Ends on 10
Bob Waste Jr., 5290 Pinewood Court, stated he had
j complaints about the dumping of bottles at night,
11-� fireworks being let off in the parking lot on
July 4th, 1984, partying in the parking lot after
hours, and loud music.
s rr P.
1�.� ;,., U ;.
Mounds View City Councii4i j c d
June 10, 1985 page Four
Regular Meeting
----------------------------------------------------------------------
Linda McDonald, 5287 Jackson Drive, stated she had e,)
the same complaints as Mr. Waste, and added that she
was bothered by a semi trailer that was parked in
back and used for storage, as well as a house boat
on the lot, and garbage in the area.
Jim Loosen, owner of Loose Ends on 10, apologized
for the dumping of bottles after the restricted time.
He stated he has posted notices on the doors for his
employees, stating not to dump after hours. He added
he had been given approval from the City for the
trailer, and added he could possibly move it to another
location on the lot. He stated he had been told by
the Police Department that they would be responsible
for the activities and noise going on outside the
building, and he was to be responsible for what goes
on inside.
Attorney Meyers reported the anti -loitering ordinance
is enforced, which states specifically that no drinking
is allowed in parking lots, and it technically is a
police matter, and citations are being issued.
Mayor Linke suggested asking the band at the end of
the evening to announce that drinking is prohibited
in the parking lot.
Mr. Waste asked if it was possible to close off the
most easterly exit from the parking lot.
Mayor Linke replied it would be a fire exit also, and
could not be closed off.
Mayor Linke closed the public hearing at 8:25 PM.
Mayor Linke opened the public hearing for the Mermaid 10, Public Hearing -
Cocktail Lounge, Inc. at 8:25 PM. There was no one Mermaid Cocktail
present who wished to address the issue, so he closed Lounge, Inc.
the public hearing at 8:25 PM.
Mayor Linke
opened
the public
hearing for Simon's
11, Public Hearing -
Liquor
at 8:25
PM.
There was
no one present who
Simon's Liquor
wished
to address
the issue,
so he closed the public
hearing
at
8:25 PM.
Mayor Linke
opened
the public
hearing for B & R Liquor
12, Public Hearing -
at 8:25
PM.
There
was no one
present who 4vished to
B & R Liquor
address
the
Issue,
so he closed
the public hearing
at 8:25
PM.
4
0
Mounds View City Council June 10, 1985
Regular Meeting ---PageFive
----------------------------------------------------- ------
Mayor Linke opened the public hearing for Donatelle's 13. Public Hearing -
Supper Club at 8:25 PM. There was no one present Donatelle's
who wished to address the issue, so he closed the Supper Club
public hearing at 8:25 PM.
Mayor Linke opened the public hearing for Budget 14. Public Hearing -
Liquor at 8:26 PM. There was no one present who Budget Liquor
wished to address the issue, so he closed the
public hearing at 8:26 PM.
Mayor Linke opened the public hearing for the 15. Public Hearing -
Bel -Rae Ballroom at 8:26 PM. There was no one Bel -Rae
present who wished to address the issue, so he Ballroom
closed the public hearing at 8:26 PM.
Mayor Linke opened the public hearing for the 16. Public Hearing -
Theodore Jarvis property at 8:26 PM. Theodore Jarvis,
2236 Hillview
Director Thatcher reviewed the request of the
applicant. He explained the code requires a
public hearing for an oversize accessory building.
He added Mr. Jarvis meets all code requirements,
and notices were mailed and published in the
official newspaper.
Jan Brisdell, 2287 Oakwood Drive, asked what the
accessory building would be used for.
Director Thatcher replied it could be used for the
storage of garden and lawn equipment, or a boat
or recreational vehicles.
Mayor Linke closed the public hearing at 8:29 PM
and reopened the regular meeting.
Clerk/Administrator Pauley reviewed the request 17. Consideration
of the Groveland Park Foundation for $2500 in of Purchase of
City funds to purchase playground equipment. He Playground
recommended the funds be transferred from the Equipment for
contingency fund into the park budget, so that Groveland Park
the Park Commission could provide the funds.
Councilmember Blanchard asked if the funds would
be repaid to the contingency fund. Clerk/
Administrator Pauley replied they would not, as
there would not be any revenue with which to pay
it back. He explained he was merely presenting
the request on behalf of the Groveland Park
Foundation, and he reviewed the funds they have
to date, and the equipment they would like to
purchase.
Mounds View City Council: �,, III June 10, 1985
Regular Meeting " '" Page Six
-------------------------- -------------------------------------*------
Motion/Second: Hankner/Quick to approve the purchase Is o urascape playground equipment for Groveland Park
in an amount not to exceed $15,000, with the funding
to be $5,000 from the Neighborhood Park Planning Fund,
7,500 from the Groveland Park goundation, and
2,500 from the contingency fund.
5 ayes 0 nays Motion Carried
Clerk/Administrator Pauley reviewed the purpose of 18. 1st Reading of
the proposed ordinance, stating he had spoken Ord. No. 394
with the Fire Chief after the last agenda meeting,
and the Fire Chief had no problem with it.
Motion/Second: Blanchard/Haake to have the first
rea ng o rdinance No. 394, amending Chapter 63
of the Municipal Code entitled "Fire Code", and
waive the reading.
5 ayes 0 nays Motion Carried
Motion/Second: Quick/Hankner to have the second 19. 2nd Reading and
reading and adoption of Ordinance No. 389, amending Adoption of
the Municipal Code of Mounds View by amending Ordn. No.
Chapter 32 entitled "The Planning Commission", and
waive the reading.
Councilmember Haake - aye
Councilmember Hankner - aye
Councilmember Quick - aye
Councilmember Blanchard - aye
Mayor Linke - aye Motion Carried
Director Thatcher asked for direction on the 20, Report of
conditional use permit for Mr. Darvis. Public Works/
Community Dvlpt.
Motion/Second: Quick/Hankner to approve the Director
conditional use permit for the Theodore Jarvis
property located at 2236 Hillview Road, per Planning
Commission Resolution No. 135-85, with the stipula-
tion that no currently licensed motor vehicles
would be allowed in the building.
5 ayes 0 nays Motion Carried
There was discussion among the Councilmembers about
garage doors being allowable on accessory buildings,
and concern with motor vehicles being kept in the
buildings. 0
Mounds View City Council
Regull Meeting
-------
---------------------
June 10, 1985
Page Seven
------- ------------------ --
Clerk/Administrator Pauley reviewed section 40.10
Subd C(2) of the Municipal Code, regarding accessory
buildings. He added he was not aware of any complaints
regarding the type of doors, and he stated the
Planning Commission would be reviewing that section
of the Code this coming year, and the Council could
ask them to consider changes to it.
Director Thatcher reviewed a letter received from
regarding their review
Robert Wuornos and Associates
be done an a time and materials
of the comp plan, to
basis not to exceed $5,300.
Motion/Second: Haake/Blanchard to authorize the
Robert
Merk/AdministraLor to sign an agreement with
the City's Compre-
Wuornos and Associates to review
Plan for time and materials not to exceed
hensive
$5,300, with the funds to come from the contingency
fund.
Motion Carried
5 ayes 0 nays
Councilmember Hankner left the meeting at 8:50 PM.
Director Thatcher advised the Council of problems
the alternatives available
with Well #4 and outlined
to repair it.
Motion/Second: Linke/Blanchard to authorize
with the proposed plan
Director T atcher to proceed
off Well #4 and authorize Layne Minnesota
to close
to do the work necessary on a time and materials
and ascertain where the
basis to plug off the well
Leak is.
Motion Carried
4 ayes 0 nays
21. Report of
Attorney Meyers had no report.
Attorney
22, Reports of
Councilmember Haake had no report. Councilmembers
Councilmember Quick reported he had ridden with
the Police last Saturday night, and they had
driven through the Loose Ends parking lot and
not observed any activity.
Councilmember Blanchard had no report.
Mayor Linke reported he had received the resigna-
tion of Donna Bowman from the Park and Rec
Commission, and authorized the Clerk/Administrator
to advertise the vacancy.
Mounds View City Council June 10, 1985
Regular Meeting ,i ---PageEight
------------------------------------------------------ --------
Motion/Second: Linke/Quick to accept the resigna-
tion o onna Bowman from the Park and Recreation
Commission and adopt Resolution No. 1905 in
appreciation.
4 ayes 0 nays
Mayor Linke stated that with Council approval, he
would like to change the liason to the Festivities
Commission from Councilmember Hankner to Councilmem-
ber Haake.
Motion/Second: Linke/Quick to appoint Councilmember
llaake as liason to the Festivities Commission.
4 ayes 0 nays
Mayor Linke reported the Suburban Chamber of
Commerce has requested the appointment of someone
to be the representative on the local divisional
Board of Directors, with a meeting set for June 22
at the Mounds View City Hall, at 7:30 AM.
Motion/Second: Linke/Blanchard to appoint Clerk/
Administrator Pauley as the current representative
to the Suburban Chamber of Commerce Board of
Directors.
4 ayes 0 nays
Mayor Linke reported he would be attending the
League of Minnesota Cities conference in St. Paul
on June 12, 13 and 14.
The Council directed Staff to draft an ordinance
for their consideration at the next agenda session
to move the starting time of Council meetings to
7 PM.
Clerk/Administrator Pauley reviewed proposed
Resolution No. 1903.
Motion/Second: Blanchard/Haake to adopt Reso-
Iut o 03, amending the 1985 general fund
budget, and waive the reading.
4 ayes 0 nays
Clerk/Administrator Pauley reported he would also
be at the League of Cities conference with Mayor
Linke, as well as attending a seminar on the Fair
Labor Standards Act on June llth.
23
1
Motion Carried
Motion Carried
Is
Motion Carried
Report of
Clerk/Admini-
Strator
Motion Carried
•
Mounds View City Council June 10, 1985
Regular Meeting Page Nine
--------------------------------------------------- =------------------
Clerk/Administrator Pauley reported he will be
conducting sessions with City Staff by the end of
the month and having them fill out questionaires
as part of the comparable worth study, and they
hope to have everything in place by the October
1st deadline.
Motion/Second: Quick/Blanchard to adjourn the meet- 24. Adjournment
inging a�M.
4 ayes 0 nays Motion Carried
Plegpectfully submitted,
Donald F. Pauley,
Clerk/Administrator
. . .
•
7:40 PM MULDOON'S, INC.
If you are speakinq at this Public Ilearing,
please sign this; sheet.
Name Address
14
rD L-JS, o n !�2
rI
j
7:45 PM LOOSE ENDS ON 10
If you are speaking at this Public nearing,
please sign this sheet.
Name
Address
02,
MEMO TO: Clerk -Administrator and CiCy Council
i
FROM; Director of Public Works/Cnmmunity Development;
DATE; June 13, 1985
SUHJECP: SUPER AMERICA REUUEST TO REZONE THE LIMP ON THE,
SOUTHWEST CORNER OF HIGHWAY III AND COUNTY ROAD I
FROM H-2 TO B-3
Attached please find the following:
1) Memo to the Planning Commission dated February 20, 1985
wish altdchmonts.
4) Letter from Kraus -Anderson dated May 2, 1985.
5) Description sketch and site plan dated May 2, 1985.
3) Planning application dated May 6, 1985.
2) Memo to the Planning Commission dated May 8, 1985.
6) Mounds View Planning Commission Resolution No. 138-85
which was approved by the Planning Commission on June 5,
1985.
7) Excerpt from the June 5, 1985 Planning Commission meeting
minutes regarding the Super America proposal.
Kraus -Anderson proposes to rezone this property from B-2 to B-3
and sell the property to Super. America. Super America proposes
to construct a gasoline station/convenience store. At the
present time, they are only asking for the rezoning and not a
development review.
The Comprehensive Land Use Plan indicates mixed use planned unit
development for this site. The Planning Commission reviewed this
application and on a planning basis they believe this development
is appropriate for this corner. The Planning Commission
recommends approval of the request from Kraus -Anderson to rezone
from B-2 to B-3 contingent upon construction of Super America
commencing within one year of the approved rezoning.
If the rezoning does not meet your approval, the City Council
should obviously deny the request. if the rezoning generally
meets your approval, i recommend that the rezoning not take place
until a Super American development site plan is submitted that
meets your approval and a major subdivision is approved.
SWT/hdc
Attachments
MEMO TO: Planning Commission / I
FROM: Director of Public Works/Community Devclopmen2 i0 7
Public Works Foreman/Building Inspector
DATE: February 20, 1985
SUBJECT: KRAUS-ANDERSON/SUPER AMERICA DEVELOPMENT PROPOSAL
Attached are cover letters regarding the above noted proposal.
For approval of the proposal, the following items need to be
reviewed and approved by the City:
1. Rezoning from B-2 to B-3
2. Conditional Use Permit for gasoline sales
3. Development review
4. Major Subdivision
The initial review of this is being given to you in memo form
because I believe the future development of the Silver Lake Woods
plat property along Highway 10 should be discussed by the Council
and the Developer. The P.U.D. approval for this property zoned
it B-2, Limited Business. The desire for the Highway 10 frontage
was for office and commercial shop usage. The City has already
amended its Zoning Ordinance from B-2 to B-3 Conditional Use I,
Permit
theger sameKing
typeFacility.
zoningThe
changes. America
Compproposal
for Plan
defends the B-2 usage.
City staff is not advocating denying the proposed request but does
feel the Developer should commit to developing theremainder of
the property B-2. Therefore, please take this opportunity
to
discuss this proposal as well as development of the remainder of
the Highway frontage.
The proposal itself, with minor modification, can meet City Code
requirements. A full staff review can be completed for your next
regular meeting.
/be
Attachments
11
rWA
Will ua,• 9 19H5
Jan y ,
ilL 0
Mr. S11.vo Rose
MINNEAPOLIS C ) t y!ds View
2510MlnnehahaAvenue 2401 Highway 10
Minneapolis, MN55404 Mounds View, MN 55434
Telephone: (612) 721.4877
HAWAII Subject : M s i; Realty property on U.S. 10
and County Road I; Lot 1, Block 11,
Suite1465 Silver Lake Woods
Grosvenor Center
733 Bishop Street
Honolulu, Hawaii96813 Gentlemen:
Telephone: (8W) 523.8861
We have recently received a proposal from Superamerica
to purchase a portion of the above referenced property.
Due to the zoning of the property, Kraus -Anderson
Development Corporation, representing M 8 E Realty
requests a zoning change to accommodate the proposed
Superamerica station.
We have discussed the plan with the County as far as
the exit to County Road I, and they can see no problems
i with the attached.
Please find attached the following documents:
1. Letter from Superamerica to the City of
Mounds View dated January 8, 1985.
2. Floor Plan for proposed building.
3. Preliminary site plan dated 11/29/84.
We would be pleased if our request could be reviewed
at your earliest convenience.
Very truly yours,
Tore Wistrom 1
TW:rm
cc: Dale Cremers
Robert Bemel
KRAUS • ANDERSON DEVELOPMFNT CORPORATION
a
SUPERAMERICA-
January 8, 1985
City of Mounds View
2401 Hwy. #10
Mounds View, MN 55434
Attention: Steven Rose,
I;dUW 98TH STREET
III. n d., I,I,.l ufl IAI bh11,01 A',b.l]I
i.I: IIl1I „IOU
Subject: Proposed Acquisition of Real Property
S/W/C U. S. Hwy. #10 and County Road 1
Mounds View, MN
Dear Mr. Rose:
SuperAmerica is very interested in acquiring the real estate at the
subject location for the installation of a modern SuperAmerica
Convenience Store.
Enclosed herewith find youwill,wepoposetoacquire approximatellan y
nary floor
plan of the facility. Yo
60,000 sq. ft. of area so we will be able to meet the City requirements
for setbacks, off street parking, etc. We are presently showing a
building 50' x 84', plus an enclosed trash enclosure.
The narrow strip of land at the Southeast corner of the parcel, which .
goes with the site, is a proposed two-way entrance or exit to facilitate
the movement of emergency vehicles, snow plowing, etc. We are flexible
and can make any necessary changes in the proposed layout to meet the
requirements of the ordinance. We are receptive to a possible opening
standemfront of the ay be developed �for nuseraseatfast-foodon the s restaurant,
We we under -
We are certain you are familiar with the SuperAmerica concept of the sale
of typical convenience store items, including groceries, with self -serve
gasoline. We feel we provide a service to the community, we provide
employment for approximately twenty people, and we contribute our share
to the tax revenue of a municipality.
An option to purchase the land has been prepared and is in the hands of
the seller. We trust the City of Mounds View will look favorably upon
this proposed facility. '
Yours truly,
/)'r%l 1, . ,. A!✓
W. W, Seiffcrt'1
Manaqer, Real Estate
MIiMO 'I'O: Planning Co:nmissirn:
FROM: Director of Public Works/b nnnum1Ly Development
DATE: May 8, 1985
SUBJKCT: KRAIIS-ANDF:RSON RE-OOKST FOR RKZONING THF; LO'l' ON THE
SOUTHWEST CORNER UN TRUNK HIGHWAY IH AND COUNTY ROAD I
Attached please Lind Lilo tnllowing:
1. Planning application dated May O, 191`15
2. Luttur tram Kraus -Andersen (biked May 21 198S
3. Description sketch and site plan dated May 2, 1985
Kraus -Anderson proposes to rezone this property from B-2 to B-3
and sell the properly to Super America. Super America proposes
to construct a gasoline station/convenience store.
The Comp Plan indicates mixed use planned unit development (PUG).
As you may recall, we discussed this issue at the March 20, 1985
Agenda Session.
staff requests direction on this issue.
sw,r/bc
PLA11NINw API'I.ILA7IUN
APPLICAW: nano: _ 1 ,. �, .... phony-7pR/- y8%?
address ,tSl o Yfa rt iw;Ct�
Interesl in property (rheek appropriate Lot)
❑ owner of record n ter,:re, ,q,vratur, raanayer
❑ contract fur deed owner I:1 iiwev..a'nt Ili- purchase
❑ ether (explain)
DocummfItary evidence of applir.:lnt', ins: n•,! In the property n;ay be
required b0ture lira) city ad ion un !bi•. rr,p,c%t.
�Fv`n
legal uwner. rldme/addiv,,.
present use (cheek appropriate iwA);
n unde•velt,ped
n L1:•.'ur.. •.
re l;;:rl i5!e•ait
❑ single family Jwelliw,
Li ind;r•; 'a!
r; ablisimlent
fJ duplex dwailfr„
L:1
❑ other (explain)
_
rfpJEST: (explain)
I hereby declare that the above statements,
arc true.
-----75791141tureT
—
FOR OFFICE. USE ONLY:
BASF. FEES*
subdivision, major
($150)
subdivision, 1111f1u1'
($%j) »•~—_»»
rezoning
($50)a:od_
conditional use
($50)
variance
($5U)
code appeal
($5U)
suhtutal
a.0O
*Base fees In parcrlthv••is
aft, rn.n..
refuuJable.
Pdrl: fund dvdiraliun
dale 11:141
rcl.eipt i-
ADDIIICNAL FEES
l vapport iunment -_- —
1,ub1it. lir:uint ,IGtires _
siafl', cr.:.r;alt:,nt reviews �1,Qo•oO
1e1AL EELS ��:00
�11? f.,lid rj-v-BS
�Y�• May 2, 1985
Ar Mr. Steven Thatcher
Director of Public Works/
MINNEAPOLIS Community Development
2510MinnehahaAvenue City of Mounds View
Minneapolis, MN55404 2401 Highway 10
Telephone: (612)721.4877 Mounds View, MN 55112
HAWAII RE: REZONING
Suite 1465 M g E Realty property
Grosvenor Center and County Road I; Lot
733 Bishop Street
Honolulu, Hawaii 96813 Silver Lake Woods
Telephone: (808) 523-8861
Gentlemen:
MAY1985 e
R�CEIVJJ
�Ill'DE ti
s.Y�v w.w
on U.S. 10
1, Block 11,
As per earlier conversations and meetings, we are
hereby submitting this letter as a request for
rezoning a portion of the above mentioned property.
On the attached documents you will find a copy
of the property that Superamerica has an option
to purchase conditioned upon a rezoning of same
property. you will also find attached a layout
of the building on that property.
Attached to this request is our check for $150.
Current zoning is B-2 "Limited Business". We
request a zoning change to B-3 "Conditional
Use Permit".
Please advise if further documents are needed
for the Planning Commission meeting which we
understand will take place on May 15, 1985.
Very truly yours,
Tore Wistrom
TW:rm
1�
u
KRAUS) • ANDERSON DEVELOPMENT CORRORAMON
APPROXIMATI
OF CENTER V
OTT A7 BUe]
C UN�
May 2, 1985
DESCRIPTION SKETCH FOR:
�\ SUPERAMERICA
N41.3215'E
MOST
�BLOCKNI .YS EVER LAKE WOOOF Oi
S�-
1,•Z�r
� N'LY LINE OF LOT I
62,122 s4.f1.
1.426 acres
60�I1 �T
4-10 �a'a
1 ,
N41.30'27"E
127.03
♦♦ `` A B' LY LINE �•�
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May 2, 1985
i
MRIC
SUPERAMEA.., IC
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1111111111111 IIIIII
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 138-85
CITY OF HOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RECOMMENDATION TO THE CITY COUNCIL REGARDING PLANNING CASE
172-85, KRAUS/ANDERSON (SUPER AMERICA) REZONING OF PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF TRUNK HIGHWAY 10 AND
COUNTY ROAD I FROM B-2 TO B-3
WHEREAS, Kraus/Anderson has requested City approval to rezone
the property from B-2 to B-3; and
WHEREAS, Super America proposes to construct a gas station/
convenience store on the subject property; and
WHEREAS, the Planning Commission believes that this
development is appropriate for this corner;
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning
Commission recommends approval of the request from Kraus/
Anderson to rezone the property from B-2 to B-3, contingent
upon construction of Super America commencing within one
year of the approved rezoning; and
WHEREAS, if construction does not begin or the Super America
proposal is not presented, the rezoning will revert to the
prior zoning;
BE IT FURTHER RESOLVED that the Mounds View Planning Commission
directs Staff to forward this resolution to the City Council
prior to the approval of the minutes.
Adopted this 5th day of June, 1985.
Chairman
Director of Public Works/
Community Development
1 r
Mouulh; View I'lanoiul; Couunissiutu
; + Zile 5, 1985
Iteg;ul:u hloel ing ,,' 6 ,;, Pape Three
------------------------------------------ ------- - --- '`----------
Ihey nnl been required Lu pravidc that extra fuotal;e,
Ihey would be very close to having the necessary
square louLage for all the lots in question,
Cil:lirulan MuunLi.n stated that the Code specifies units,
nut Iruniage or square footage, and rec•olmuended
l;etIing; an upi.niun from Attorney Meyers.
Ml.. Ila,ls read from a staff report dated February 15,
l')mil which stated that calculations would be based
tin frontage and square footage, and not units.
Cllnirnlrnl Muuntin asked Stuff to discuss the issue with
AlLorney Meyers, draft a resolution and have it ready
fur the worleshop session an .Tune 19, at which time
Lhey would call Lu order.
llr. !Lugs requested that the Planning Conbni ssion
vale till Lilt! request Lhis evening, and send it on to
the Cuunril, as I.he attorney would be at Lhe
Ctiulleil meeting and they would like to get going on
the matter as quickly as possible.
CII.li1'n1,a1 Muuntin advised Mr. Haas the Cuunril could
fill(I the I'tanniu); Conuuissiun made heir decision
wilhuul :;ul'I'irienl infurulaLioll and send it. bark to
the Planning Commission.
Mill. itill/ See_ud: Anderson/'Loll.ner to adopt Resolution
No. 1'11-8u
5,-reruuunendiIll; denial of Planning; Case
lhtl-84.
0 ayes 0 nays
Direerur '1'haLrher reviewed the request of Patrick
Taylor to du al minor subdivision at 7160 Knollwood
Drive.
M::1iun/Seeond: Rowley/Miller to adupt Resolution
NIA _1'f(-8.
0 ayes 0 nays
Director '1'11:etcher reviewed the request of Kraus/
Anderson la rezone Lhu prupcl•ty loc•aLed at Ulc
corner u1, County Road l rang Ilig;hway 10, from B-2
Iti with a eondit.iunal use permit, ]'or the
run:u.ruet inn ul' a Super America sLation.
Chili rul,ln Mount in reviewed that the is:;uv had
been din,•usnvIl al the juinl Cily Cuunril and
I'lonniug; Ctinuli:;:;itill meel.iug and 1'11u t:uuuri I i"
ntiI ill 1'avur of rezuinP, Ihnl properly. with
one ill the 1.1"vlI III9 Ile ill)'. Ihey :11'e Willi, rl'lled
0
0
Motion Ca
6, Patrick Ta
7160 Knoll
Case 173-8
Motion
7. Kraus/And
Case 172-
•
• u e 5, 1785
I oolld:a View II I;luuinl;
Cunuuissioli6jj lid ,p j
1 I,
ISe four
Regrt• Meet ing
ui;
---------------------------------------------------
/1
Willi what onc�r
busino;ascs
mi.g;hL be aCLracred
to
Ihat Ineatiun if
Lhe
pruperLy is rezoned. It
ing
waS
Civil-
the t'e1It:CInIUN Itf
the
CoUtlCil 'It thalf Illeet
thiS
Lhey are noL willing
to rezone the prope I*Ly ;it
Lime.
Mr, Winstrum she'd KrauN/Anderson has Lried to
lu;u•Icet IhaL property agressively for more than ;I
ye;Ir wit11 the existing; zoning ;Ind have not had any
Sucre!;;;. He added he reelsLIIcCity would benefit
from Iho Council. IisLening; Lu their presentaLion,
;Ind (hen making n decision after that. Ile mentioned
that Super America is planning to include pharmacies
In their new faciliLies, Intl the Mounds View location
would be all Ldeal area for one. Ile also slaLcd
Lh;tl lionanza Restaurants has expressed a strong;
interest in building; next to Lhe Super America, but
Choy are holding off helere signing any agreements,
wailing; to see if Super America is approved.
Mr. Win:ltrom asked that the planning CurmnisSion
uctke ;I recouunendittion and forward it to the Council.
Ile added he I'erls I:his development wool(] be very
positive for the City or Mounds View, and he
presented I rendering of Lhe Site.
hi rector Tllatteher reviewed the LCmcL;tblc Lu
dale for I.he applic;IIi.on. lie st')Led Lhe Planning;
Commission could h;Ive the applicant come back for
a development review.
Mr. Winstrum replied Lhey are trying to avoid the
coS,:; assucinted with going; through a development
review on this project. Ile added they would be
willing Lo will-[( wiLh the City and would agree
to t.lte conditions set forth for their development.
Mel ieli/_ecuud: Andersnn/�ollner to adopt Resolution
Nci.'l --.8. , reruuwenJing; approval of Lhe rezoning
Trout li-2 to B-7.
CununissionerLol.lner - aye
Commissioner Anderson - aye
Commissioner Miller - aye
Connnissioner forslund - aye
Commissioner Rowley - ;rye
Chairman MuunLin - aye
Il: was staLvd that Lhe Planning; Comanission was dealing
Willi the rezoning as a planning issue and not a
policy isSuc,
Motion Carr
MEMO To: Clerk -Administrator and City Council
i
FROM: Director of Public Works/Community Developmen/t1,-.
I',
DA'1'1.,,: June la, 1985
SUBJECT: PLANNING CAST: 146-84, M. H. ANDERSON CONSTRUCTION,
MAJOR SUHDIVSION, SILVER LAKM WOODS, BLOCK 4,
LOTS 1-8, (COUNTY ROAD H-2 AND SILVER LAKE: ROAD)
Attachrd please find the following:
1) My memo dated May 24, 1985 with attachments.
2) Mounds View Planning Commission Resolution No. 137-85.
3) Excerpt of the June 5, 1985 Planning Commission Meeting
regarding the subject proposal.
As you may recall, on April 22, 1985, the City Council denied a
request by Mary Anderson to subdivide this property into 14
single family lots. The instructions to Mary Anderson were to
provide drawings of the major subdivision that met the
requirements of the City Code.
On May 24, 1985, Mary Anderson provided drawings that proposed to
subdivide the property into 12 single family lots. Staff and the
Planning Commission have determined that this land can hold 11
single family lots and meet City Code requirements. The
justification for this position is stated in Planning Commission
Resolution No. 137-85. I wish to emphasize that City Code
Chapter 40.24, 5ubd. C, Paragraph (1)e, states "as a consequence
of a planned unit development's planned and integrated character,
the number of dwelling units allowed in the respective zoning
district may be increased by ten (10) percent. The building,
parking and similar requirements for these extra units shall be
observed in compliance with this Code". Therefore, staff and the
Planning Commission have determined that this land can hold 11
single family lots under the P.U.D. requirements. The Planning
Commission recommends a subdivision which includes only 11 single
family lots.
Therefore, Mary Anderson's request for a subdivision of 12 lots
should be denied and they should be directed to submit a
preliminary plat which has 11 single family lots. I would also
like to note that they should pay an additional $200.00 for staff
review time on this planning application prior to reviewing the
next submittal.
SW'1'/baC
Attachments
MEMO TO: Planning Commission
FROM: Director of Public Works/Community Duvelopmuntr(
DATE: May 24, 1985
SUBJECT: PI.ANNfNO CASE NO. 146-84, M. H. ANDERSON CUNSTRUC'r1UN
MAJOR SUBDIVISION, SILVER LAKE: WOODS, BLOCK 4, LOTS 1-8
(COUNTY ROAD II-2 AND SILVER LAKE ROAD)
Attached please find the following:
Attacment #1 - Drawing dated May 24, 1985, showing seven lots
meet the City Code and three lots that do not meet the City
Code.
Attachmemt #2 - Drawing dated May 24, 1985, entitled, Proposed
P.II.D. Silver. Lake Woods Second Addition.
M. H. Anderson is proposing to amend the existing P.U.U. and
subdivide the property into 12 lots.
Let's review what the City Code says about a density bonuse for
planned unit developments (P.U.D.). City Code, Chapter 40.24,
Subd. C, Paragraph (1)e, states "As a consequence of a planned
unit development's planned and integrated character, the number
of dwelling units allowed within the respective zoning district
may be increased by ten (10) percent. The building, parking and
similar requirements for these extra units shall be observed in
compliance with this Code." The key words are the number of
dwelling units allowed within their respective zoning district
may be increased by ten (10) percent. Staff's interpretation is
that the developer is allowed to have ten (10) percent more
dwelling units on the land.
Staff has administered this Code prevision as follows:
1. Staff determines the number of dwelling units a piece of
property can have and meet City Code requirements.
2. Staff then multiplies the number of dwelling units deter-
mined in item 1 above and multiplies that figure by 1.1
which gives us the number of dwelling units allowed in a
planned unit development.
Staff has determined that the subject piece of land can easily
hold 9 buildings without any variances. Therefore, in a planned
unit development, this property can hold 10 dwelling units.
The attached drawing labeled, "Seven lots meet the City Code and
three lots are short at the building line", needs a 7.5 foot
variance from the front yard lot width requirement of 75 feet.
These lots are labeled 3, 4 and 5. If you agree that this is a
reasonable variance, then the site can hold 10 dwelling units.
Therefore, the developer could build 11 dwelling unit under the
P.U.D.
Planning commission
Page Two oL Two
May 24, 1985
Please note that on the drawing entitled, Proposed P.U.D. Silver
Lake Woods Second Addition, the building setbacks vary as
follows:
Setback
Lot (feet)
35
2
40
3
45
4
45
5
45
6
40
7
35
8
30
9
30
10
30
11
30
12
30
As far as I can determine, this is not a violation of the City
Code.
Staff requests direction on this issue.
SWT:bac
Attachments
I
r:
•
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MOUppsVIEW T•,l
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1 2 1 '".I
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.. • • •• F ' 7-LOTS MEET THE CITY CODE
D COTS ARE SHORT AT THE BUILDING LINE
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PROPOSED P.U.D.
SILVER LAKE
WOODS 2ND ADDITION
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MOUNDS Vll{W PLANNING COMMISSION
RE'SOUITION NO. 137-115
CITY OF MOUNDS VIEW
COUNTY OF RAMSIiY
STATI; OF MINNESOTA
RECOMMENDATION TO THE CITY COUNCIL REGARDING PLANNING CASE NO.
10-114, M. H. ANDUNON !(INSTRUCTION, MAJOR SUBDIVISION, SILVER
LAKE MHJUS, HLUCK 4, LOTM 1-8, (COIINTY RO. U-2 Ih HrLVP.R LAKE: NO.)
WHEREAS, M. H. Anderson Construction has requested City
approval of a major subdivision and rezoning; and
WIIEKEAS, the request is Ln amend the existing P.U.U. and
subdivide the property inLo 12 lots zoned R-Q and
WIIUMAS, Ci1_y Code Chapter 411.24, Suhd. C, Paragraph Illu,
states "As a consequence of a planned nail. development's planner) and
integrated chardctur, the number of dwelling units allowed within
Lhv respuctivu zoning district may he increased by ten (U1)
percent. The building, parking and similar requirements for these
extra units shall he observed in compliance with this Code"; and
WICHMMAS, based on Chapter 40.24, the Planning Commission has
determined that the amended P.U.D. can support 11 R-1 dwelling
units; and
WHEREAS, the County may have taken 14 font from the west
property line for a future rodd widening;
NOW, THEREFURM, HE IT RIiSOLVED that the Mounds View Planning
Commission recommends denial of the request by M. H. Anderson
Construction to subdivide the land as presented in the drawings
received by the City on May 24, 1985;
Hr. IT FARTHER RESOLVED that the Mounds View Planning
Commission recommends a subdivision of 11 units and rezoning the
property to R-l;
HE IT FINALLY RESUVLEII that the Mounds View Planning
Commission directs staff to forward this resolution to the City
Council prior to approval of the minutes.
ATTEST:
(SEAL)
Adopted this 5th day of June, 1985
Chairperson
liir,rrlrn nr-Pulilic Wnr-ks% - -
1'ermntln i ty Uovo lopmen,
J d
pRocI;liD1Nl:S OF '1'llli PLANNING COMMISSION
l:l'l'Y OF MOUNDS VIEW Is
RAMSIN COUNTY, MINNIiSOTA
Regular Meeting;
June 5, 1985
Mounds View City hall
2401 Ilwy. 10, Mounds View, MN 55112
-------------------------------------
The Mound:: View plalut(ng; Commission was called to
orllrr I,y Chairma❑ MuunLin ;It 7:30 PM on June 5,
11)81).
ru,rntla I'k1i51::NT: Connuissioners Zollner, Anderson,
Porslund, Ruwlcy and Chairman Mounlio.
II w+n; noted ghat Commissioner Miller was expected
lu ,n-rive lager in the meeti.np„ and Connni.ssioner
W;11-101 had ,ul excused absence.
ALSO I'Itl':5ENT: Public Works/CummuniLy Development.
DII-ertol' 'I'hatchcr.
Muliou_/' ud: Rowley/Furslund to approve the
Mary 1, L9ti5 and May 15, 19a5 minuLes as pt•esellted.
5 .1yt':; 0 nay:;
There were uu rct;idenl:; requests or caume,IIs from
the IIouI'.
Uirrrt,u 'Thatcher reviewed his memo of May 24
reg;.rldinp, the request of M. II. Anderson cu amend
(heir oxistiup, POD and subdivide the property in
yowl ion into l'2 sinp,le family lots. Ile reviewed
ths p
e proposed sitl;uts, showing', both lO lugs and
12 lug s.
I red II:u1::, ul M. II. Anderson Cord rucl'oll Co
:;lalell Ih;il dl the gas( Council meetin,•„
LhV
l;ounril w,u: interosled in haviIlp, Lhe !;iol-Ic I:uuily
re Open
r.111o.I a 11;111tl uld11g,t.Iolllnre aUrllrtIve. Ili, liles, as t here would Ill,
llained
111.11 it I hey du nog. cocci vc ;Ipprov;l l for the 12
sinp,It. fuwily home:;, They would have to ravert buck
lit 1he pl.w Inc Twin how:':;, us 11. would no1 be
Iin.nl, fully fou:;il,ge In build Iess Ihan l2 holacs
on 111.11 11.111-,•I.
1. Call to 0
2. Roll Call
3. Apprnv;l 1
Minute:
may L.
Mny 1.5, 1935
motion Carri
4. Residents
Requests and
Cummcnls fro.
Lhe fluor
5. M. H. Anders
Case 146-84
•
Mel and:; View PIaIuti ng Conmii s:;i a I /-`1 ri �,,,7 une 5, 11/H'.
Rep,ul,ir MeeLing age Two
--- -•------------------- -----------------------------------------
Oh.:i:m,n: IFluuntin advised the Conmtissiuners ro proceed
gory I"1111ully an they would he setring; precedence if
they allowed the 1? lut.s, She staked she would .jusLify
II, but I? would be a gray area.
Mr. IIi:;In reminded Lhe Planning,, Commission they would
be rrduring the density with 12 single family homes
versus In twin humus. Ile staled Lhey hnve ample
square Im ahc in the area, it .just. must be averaged
out .
Ili root or Thl at -her pu i nt cd out: I hat had I he ;n'ca bceo
plonnod IN fferenlly from the start, Lhvy could have
held 12 units there, considering the total develop-
uuvu , but much ul the area has already been planned
and c""Aructed as a IVU.
'I'hur winal rout, of Kraus/Anderson, staled 11 wan their
feeling; that twin humus would not be attractive and
urged the Planning; Commission to accept Lhe 12 units,
as it would be a decrease in density and more
desirable. He added the uxisling home owners are
opposed 10 the twin hums cuneopL.
Mr. Ilaas sLated he knows of 15 residents of the
develupmenL who are opposed lu the twin home idea
d"d wi 11 he attending the Council meeting to voice
Iheir opinion. He also puinLed out that the PUU
allows for change as a development proceeds.
Commissioner Miller arrived at 7:59 PM.
After discussion among the Commissioners, it was
agreed that while Lhe Council is interested in
seeing it go to single family, the Planning;
Couuuission has mixed lee ling% on allowing; 12
units, while 11 LIO Ls can be supported by the Code,
with variances fur 3 lots required for 11 lots,
buL a significant number more if 12 lots are
allowed.
Mr. Haas reemphasized that they meet rho require-
ments fur the luLs sires under the PUU wiLh the
oxreptiun of needing square footage variances for
H guts, but have the necessary total square footage.
He stated that Lhe 12 lots would be very buildable
lot a.
Chairulaa Mount in sLaLed she would like to see a
rennlulion wrilren out, using a mathematical
lornulla, speeifying; each lot. and what size it
would be and what variance would be required fur it.
Mr. Haan reminded the Planning, Commissioners that
they h;nl 111 r,ivv up an .ldditiunal 1/1' ripht of Way
.11ut1g, the e,ts1 still- ul i:ilver Lake Road, ;and laid
r
Muuud;; Virw I'lanuinl; l:uutui::aiun,�i4',J
Itt'1;111III' th'I -I I111; _-
I boy unl broil rctlui roil 111 pruvi Jo that rxl r:l foul :y;e
ligll�lrwould
uutIII-
ll;evtfl,r altl thCtllutvilill llulC:illiun.il:u'Y
Ch.lII'lll.11l N1lulll111 !it illL'll Ihall tlll' little :glerifil':I ulllLti
❑,11 I runs a1;r 'or square I uul :q;o r :old rcruumlCnJed
t;ol l 1ng ,ul upilliu❑ Il-uw Al tul'ucy MCycr:i.
Plc Ila.l:; I.C. fruul it SUIII ropulq Ja1Ct1 1'Cbru;n'y 15,
I'134 which sl:tletl tluu r:lllul:ILiun;; would bC IlnsCd
uu Iruu1:I1; • :Ind squal•t. 1 uutagt+, nnJ not uni IN.
hail'm:l❑ Mnunlill :I:iked :iLaff u discuss OW iit wish
t:
Al I11111ry I'l"Y"I.:;, Ih'a 1-I :I resnjut illn :nul h:wt' it ready
I,n• lilt- wnrltshup sr:::;iu;l not .tune itJ, ;it which tine'
Ibcy wuultl call ul urdcr.
Ile. !I,I,I:I r illit— lCt1 th:ll Ihr 1'Luulinl; Cuueni:::iiun
Vnl r ,111 I IIt' I'OIIuI IIr `11 Illi'nvYIIiS llwnllldfill 1lnd lot. :11 send OIL' III)LU
1 br Cuuuri I lit't p,uiul; un
C,nuu•i I nuv•1 iu1; ,Ind they Witold like lu
Ibr ul.11tcr ,I:i quickly :Is pea:iiblc.
t:h.liuu,l❑ Muuutill ativi:icd Mr. Il:ul:i the Cnnnril could
IinJ the I'lanuiul; Cuuuui;;siu❑ Made their Jeri:iiun
wilhaul :iulliriclll iulul'ulatiull and send il. Lark Ut
Ile I'Imillilll; Cuuuui:isitill .
WI111.;I;'1/ Cllse
8yl,nrcruouendinl;/JenialrOftlpinnning, tion
14ll All
11 ayr;i (I nap
Uirrrtur'1'll,llrltt'I reviewed the ruquc:lt ill' Patrick
'I•:rylul' to du it minor subdivision al I,()() Knullwood
DI i ve.
Mu1 ion/::t.t.m,d: Itowley/Millar Lo adopt ItCnoluLion
Nu . 1164 .
0 aye". () Ilays
Ui rrrinr 'I'll,unc�l revicwud the request of Krau,/
Andor;;,,n In rr�unRuaJLlic'lllllndtlli�hwliy:lll),I Irnnlill llt-
(•nl Ilrr Id Cu1111t Y
with :I rundilit)ll;ll usC permit, lur the
runnl curl ion 41 :1 Super AIICH(!;] slat ion.
Cll,li rnl,nl Muun1 in reviewed th:lt OIL, rill 'Ind
b,•,'❑ Ji:;rn:,r,"I al lhr juinl .ntllYl.ht• Cuuucll it
I'I.uunlp; Cuuuuis;;iu❑ uu'et ill;
IIUI III IaVl n• I11 1'1'Xn 1111; ,1 ll il 1111111111'LYt•fllrll
„Ili• ill I I11' I1'•I'dnI': bt' 1111.
I'ugc 'I'hrrt•
1
IhloLion Car
h• Patrick T:ly
7160 N.nulIt--
Case 173-85
Flulion
•
MEMO To: MAYOR AND CITY (:UUNC L�
FROM: cl,ERK-ADMINIST RAT(I
I)KF L: JUNK 7, 1985
SUBJECT: CABLE TV FRANCHISE AMENDMENT
Attached please find correspondence received by this ottLce
from Mr. Thomas D. Creighton, Legal Counsel to the North
Suburban Cable Commission outlining a proposed amendment to
the Cable TV Franchise. This amendment would reduce the
number of local access channels required by the franchise
from 13 to 12, however, Mr. Creighton further indicates that
should the dedicated access channels become filled,
Minnesota Cable Communication Hoard rules require that
additional access channels be provided by the franchisee.
As this would not appear to be a controversial amendment to
the Cable 'PV Franchise, I have not "s`ntted that our at your JuneC17,e
Commissioner, Mr.Jerry Skelly, he p
L985 Agenda Session to discuss the proposed amendment with
you. Should any member of the Council desire to have
Mr. Skelly or another representativenof theSLsNorth
pSuburban
^ lease
Cable Commission present at your Ay
advise me and 1 will be happy to make arrangements for
someone to appear on their behalf.
DFP/mjs
Attachment:
O'CONNOR 6 HANNAN
ATTORNEYS AT LAW
]BOO IDS TOWER �• fun[ too
80 SOUTH EIGHTH STREET IOn x[xw v.pnu •v[xu t, +. w.
�, xNwu0r0+. 0. <. IOOOt•I4l
MINNEAPOLIS. MINNESOTA 55402-2254 Ieo11 o[r •1•oo
' 1wr1 •roo owl a+nm u+• corn
'
(612) ]u •]a 00 n00 uxCOlw 1n[R
TELEX 29.0904 0tx1n.colo..0020100
TELCCORICR 612 ]41-]80012561 30019I0•000
r[Wo.91141
THOMAS D. CREIGHTON +•RUR I, vIw
DIRECT Sul ...aER mn1•Ro
MEMORANDUM m.0 nou
6121 ]4]•1298
TO: City Administrators
North Suburban Cable Commission
FRO14: Thomas D. Creighton CA
Legal Counsel
DATE: March 27, 1985
RE: Franchise Amendment
Please find enclosed for your review and action a
proposed Ordinance Amendment. The proposed change
occurs in the Ordinance section regarding access channel
allocations. The Ordinance presently requires Group W
to provide at least 13 channels for access use. The
proposed amendment would require Group W to provide at
least 12 channels. The change is a result of a combined
higher education and private school access channel. The
Commission believes that the system provides more than
adequate channel space for the viewing of locally produced
programming in your area. Moreover, should any of the
full, the
individuals dedicated access channels become
Minnesota Cable Communications Board rules require that
additional access channels be added. It is also important
to note that this Ordinance Amendment in no way effects
Group W's commitment for funding, staffing, and equipment
for local programming and public access.
I have also included with the Ordinance Amendment
dunder-
described above, a red -lined copy. This copy has
lined the additions to the current franchise language
and is marked with an insert in those areas where the
franchise language will be deleted. This information is
North Suburban Cable
March 27, 1985
Page Two
provided to you, your city council members, or your city
attorneys in any analysis you might undertake of the
franchise amendment.
Each of your cities has a slightly different ordinance
Amendment process. Consequently, I am forwarding to you
the necessary Amendment which should be adopted by your
city council and should follow the or
making process
in your city. You will be responsible for the publication
of the Ordinance Amendment. Please forward to me an
i Affidavit of Publication as soon as you have received
said document.
If you desire a representative of the Cable Commission
to attend your council meeting, please contact Bootsie
Anderson, the North Suburban Cable Commission Administrator,
at 646-8172.
If you have any questions, please feel free to contact
me.
TDC:jg
Enclosure
cc: Bootsie Anderson, Administrator
North Suburban Cable Commission
Directors, North Suburban Cable Commission
Tom Sharrard, Group W System Manager
Ordinance No.
City of
AN ORDINANCE AbIENDING ORDINANCE NO,
REGARDING
THE FRANCHISE AGREEMENT BETWEEN THE CITY OF
AND GROUP W CABLE. does ordain:
The Council of the City of
Section 1. SPECIAL CHANNEL AND ACCESS REQUIREMENTS
is amended
1. Article III, Section 5 of Ordinance No.
to read:
elve
D.
Gran
for shall vaccess use ide at sfor Athe efollowing wuses:
two (2) public access, an educational access, a
government access, one (1) leased access, a regional
interconnect, aecialgneedsious aaccess,aaslibrary enior laccess,
women s, and sp
a higher education; -/Private school access, an
two (2) public school district access channels. All
-esidential subscribers who receive all or any part
of the total services offered on the System shall also
receive all of said th#rpeen-i}} =t twelve (� ofctext
channels at no additional charge
is unchanged.)
j
Ordinance No.
City of
AN ORDINANCE AMENDING ORDINANCE NO. REGARDING
THE FRANCHISE AGREEMENT BETWEEN THE CITY OF
AND GROUP W CABLE.
The Council of the City of
does ordain:
Section 1. SPECIAL CHANNEL AND ACCESS REQUIREMENTS
1. Article III, Section 5 of Ordinance No.
is amended
to read:
D. Grantee shall provide at least twelve (12) channels
for access use for the following uses: two (2)
public access, an educational access, a government
access, one (1) leased access, a regional inter-
connect, a religious access, a senior citizens,
women's, and special needs access, a library access,
a higher education/public school access, and
two (2) public school district access channels.
All residential subscribers who receive all or any
part of the total services offered on the System
shall s
channels atrnoeel
additional chargeW(Remainder cofs
text is unchanged.)
■
ORDINANCE NO. 395
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW HY
AMENDING CHAPTER 2 ENTPPLEDj "COUNCIL"
The Council of the City of Mounds View hereby ordains:
Section 1. Chapter 2.01 REGULAR MEETING. Regular
meetinys of the Council shall be held on
the second and fourth Monday of each month
at -7-jB 7:00 o'clock p.m. at the Municipal
Hall. IE any such Monday is a legal holiday,
the meeting will be cancelled or held on
another date and time as established by
Council action.
Section II. This ordinance shall take effect thirty days
after the date of its publication.
Read by the City Council of the City of Mounds View
this day of , 1985.
Read and passed by the City Council of the City of
Mounds View this day of , 1985.
ATTEST: -------
Mayor
(SEAL) Clerk -Administrator r
APPROVED AS TO FORM:
City Attorney--- --
r PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, IMINNESOTA
Regular Meeting
May 28, 1985
Mounds View City Hall
2401 Hwy. 10. Mounds View, 14N 55112
---------------------------------------------------
The Mounds View City Council was called to order by 1. Call to Order
Mayor Linke at 7:30 PM on May 28, 1985.
The Pledge of Allegiance was said. 2. Pledge of
Allegiance
MEMBERS PRESENT: Councilmembers Blanchard, Haake, 3. Roll Call
Han ner, qUICK and Mayor Linke.
ALSO PRESENT: City Attorney Meyers, Clerk/Admini-
strator Pauley and Public Works/Community Development
Director Thatcher,
Motion/Second:
Haake/Blanchard to approve the May
4. Approval
Minutes:
of
3, 9 5 minutes
as amended.
May 18,
1985
4 ayes 0 nays 1 abstention Motion Carried
Councilmember Hankner abstained as she had been absent.
Milan Illig, 2809 County Road H, questioned the status
his
5. Residents
Requests and
of removal of the accessory buildings on neighbor's
building is being built.
Comments from
property, as a new accessory
the Floor
Mayor Linke replied the Council had spoken with the
property owner and the existing buildings are used to
buildin;
house equipment which will go into the new
it is far enough along, and the three existing
when
buildings will then be torn dozm.
Director Thatcher added that the property owner has
agreed to take the buildings down within the next
45 days. He pointed out, however, that the property
to complete the
owner has one year under City code
building, and his year will not be up
accessory
until October 1985.
Duane McCarty asked the status of the airport lawsuit
in timely
and expressed concern with proceeding a
manner.
Mounds View City Council May 28, 1985
Regular Meeting Page Two
----------------------------------------------------- --------- -
�rAttorney Meyers replied the City has received the bulk
of the report from Mr. Perez, but he has not yet finished
the monitoring. The City has been in contact with him
regarding this, and no court date has yet been set.
He added that he had just received the review of the
scoping document from MAC.
Mayor Linke reported he and Clerk/Administrator had
attended a Net Council meeting, and the full Council
had agreed that MAC must study all the items presented
before proceeding.
Mayor Linke closed the regular meeting at 7:51 PM and 6.
Public Hearing:
Cross o
opened the public hearing for the Cross of Glory
Lutheran Church
Lutheran Church.
Don Fairborn, 5511 Erickson Road and Helen Moore, 5503
Erickson Road, asked if there were plans for a privacy
fence alongside the parking lot, and what the lighting
plans were.
Jack Holmes, a representative of the contractor, stated
of
they would consider moving the trees to the east side
He
the property adjacent to the new addition. added
the lights would be on a photocell, on short light poles
and the light would be concentrated down.
A representative of the church stated they would consider
doing an earth berm, along with landscaping, to separate
the parking lot from the residential area behind.
Mr. Holmes pointed out there will be excess fill with
which they can build the berm, and put plantings on top.
Mayor Linke closed the public hearing at 7:59 PM and
reopened the regular meeting.
Motion/Second: liankner/Quick to issue a conditional use permit
to the Cross of Glory Lutheran Church, for a sanctuary addition
to their existing church at 5472 Adams Street conditioned upon the
construction, sodding and landscaping of an earth berm on the east
side of the parking lot with the plantings being approved by the
City Forester. Motion Carried
5 ayes 0 nays
Clerk/Administrator Pauiey reviewed changes made to 7' Consenalof
Agenda
Item A of the consent agenda.
Director Thatcher asked that DuAll Service Contractors,
Inc. be added to Item H.
Bill Frits, 8072 Long Lake Road, asked for an explana-
tion of Item A.
Motion/Second: Hankner/Blanchard to approve the consent
agenda, as amended, minus Item A, and waive the readings.
5 ayes 0 nays Motion Carried
May 30, 1985
Mounds View City Council Page Three
Regular Meeting ---------
-----------------------------
Clerk/Administrator Pauley explained
thatcthe funds
involved in Item A had been put as they did not know
ontingency
fund when the budget was approved,
at that time what the exact figures would be, and they
were transferring the funds now.
Motio.n/Second:
agenda, andawaive the nkner to arepprove Item A of
reading.
the
5 ayes 0 nays
Clerk/Administrator Pauley explainedthe city
ichregwiras no
in
the past been the applying agency, work or funds on the part of the City.
Ms. Siedencranz reviewed the two grants being requested.
Motion/Second: Hankner/Blanchard to give the City's
en orsement to the $2,000 juvenile crime prevention
curriculum grant and the $18,207 community resource
workers grant, for the Mounds View School District,
and authorize
the on rk/Administratorhe to sign the
grant application
5 ayes 0 nays
Clerk/Administrator Pauley reviewed the
hisaftetory r f
the request of employees to use the garage
hours. He reviewed the information received from
Attorney Meyers and the insurance consultant, regard -
from the
inthe Ciy's the dunion most llikely would
aor ns
interpret it.
Councilmember Haake stated that while she had earlier
been in favor of allowing the use, she has now changed
her mind after receiving additional information.
Councilmember Blanchard stated she was against the
idea altogether.
Motion/Second: Blanchard/Hawke to deny the request of
ty emp oyees to use the garage for personal use after
hours.
5 ayes 0 nays
has
Clerk/Administrator
lfrometheted the Mounda View Food
received an applicationr license.
Shop for a non -intoxicating malt
rliquouo and past
He added that due to their B
precedent Staff would recommend approval.
Motion Carried
8. Request from
Carol Sieden
for Juvenile
Grants
Motion Carried
9. Consideration
Employee After
Hours Use of
Garage
Motion Carried
10. Application
Mounds View
Shop
J
Mounds View City Council May 28, 1985
Regular Meeting Page Four
----------------------------------------------------------------------
Motion/Second: Haake/Hankner to approve the applica-
tionof the Mounds View Food Shop for a non -intoxicating
malt liquor license.
5 ayes 0 nays Motion Carried
Director Thatcher reviewed the changes made to 11. 1st Reading of
proposed Ordinance No. 389. Ordn. No. 389
Mayor Linke explained the intent of the proposed
changes.
Motion/Second: Quick/Hankner to have the first reading
o r�dIR a No. 389, amending the Municipal Code of
Mounds View by amending Chapter 32, entitled "The
Planning Commission", as amended, and waive the reading.
5 ayes 0 nays Motion Carried
Clerk/Administrator Pauley reviewed the intent of 12. 2nd Reading and
the ordinance. Adoption of
Ordn. No. 390
Motion/Second: Hankner/Haake to have the second
rea ingnancadoption of Ordinance No. 390, prohibit- ,
ing development of certain properties on an interim
basis, and waive the reading.
Councilmember Blanchard - aye
Councilmember Haake - aye
Councilmember Hankner - aye
Councilmember Quick - aye
Mayor Linke - aye Motion Carried
Director Thatcher reviewed the changes proposed 13. 2nd Reading and
for Chapter 25, code revisions. Adoption of
Ordn. No. 387
Motion/Second: Blanchard/Haake to have the second
rea ing and adoption of Ordinance No. 387, amending
the Municipal Code of Mounds View by amending
Chapter 25 entitled "Storm Water Management", and
waive the reading.
Councilmember Blanchard - aye
Councilmember Haake - aye
Councilmember Hankner - aye
Councilmember Quick - aye
Mayor Linke - aye Motion Carried
• Mounds View City Council May 28, 1985
Regular Meeting Page Five
----------------------------------------------------------------------
Clerk/Administrator Pauley reviewed the letter re- 14. 2nd Reading and
ceived from the administrative council of Sunrise Adoption of
United Methodist Church, speaking against the Ordn. No. 391
ordinance.
Mayor Linke reported he had spoken with the Police
Chief, who said he had no problem with the proposed
ordinance. He reviewed the results of a survey he
had asked the Park Director to do, stating which
communities allow consumption of alcoholic beverages
in their parks.
Councilmember Blanchard stated she was against the
ordinance and reviewed the list of Cities that do
not allow drinking in their parks.
Duane Mc^arty questioned some of the terminology
in the proposed ordinance. He stated he feels the
parks are for the children and families and drinking
should be kept out.
Attorney Meyers clarified some of the terminology
in the ordinance.
Councilmember Hankner expressed some concerns with
the ordinance. She stated she did not disagree with
the intent but would recommend postponing action to
clean up the language and discuss further with
Attorney Meyers.
Alice Frits stated she felt the parks are for the
children and read excerpts from an article regarding
the proposed ordinance, as printed in the Minneapolis
Star and Tribune.
Motion/Second: Hankner/Quick to table this item.
3 ayes 2 nays
Councilmembers Blanchard and Haake voted against the
motion.
Clerk/Administrator Pauley reported he would place the
item on the June 3rd agenda.
Mr. McCarty asked that the Council consider notifying
the residents who live near the parks of further
discussions on the matter.
Motion/Second: Hankner/Blanchard to table this item
5 ayes 0 nays
Motion Carried
15. 2nd Reading and
Adoption of
Ordn. No. 392
Motion Carried
Mounds View City Council May 28, 1985
Regular Meeting Page Six
----------------------------------------------------------------------
Director Thatcher reviewed the three firms that had
16. Report ofah
been interviewed at the last agenda session to review
Public Wo
the comprehensive land use plan for theCity.
Community pt
Clerk/Administrator Pauley stated that Staff would
Director
recommend Council authorize Staff to enter into
discussions with Robert Wuornos to negotiate a
contract for the Council's consideration.
Motion/Second: Linke/Quick to hire Robert Wuornos
an ssociates with the stipulation that Staft enter
into negotiations with them as to the cost and
study parameters.
5 ayes 0 nays
Motion Carried
Mayor Linke explained he reasons for choosing this firm
is they are more willing to talk to the local residents,
and they would be more economical.
Director Thatcher reported Vern Conaway, 5101 Brighton
Lane,has applied for a fill permit, and he reviewed
the request and recommended approval. He explained
this would help alleviate the water problem for both
Mr. Conaway and other area residents.
Motion/Second: Quick/Linke to approve the fill permit
for Dir. Vern Conaway at 5101 Brighton Lane.
5 ayes 0 nays
Motion Carried
Attorney Meyers reviewed the implications of Chapter 17. Report of
62 of the 1985 legislative session. Attorney
Councilmember Blanchard reported the Firemans Relief 18. Reports of
Association would be meeting at 8 PM on May 29, and Councilmembers
she would not be able to attend. She also asked for
a clarification of fire inspection activities on the
part of the City and whether records are kept, as the
fire chief has stated publicly they have not been done
in Mounds View, and she would like to be able to
refute that statement.
Director Thatcher reported the City is in the process
of making fire inspections at this time.
Clerk/Administrator Pauley stated Staff would look
for the reports.
Mr. McCarty stated he was under the impression that
a fireman is forced to retire after suffering a heart
attack, and questioned why the fire chief had not been
forced to resign after his heart attack.
May
28, 1985
Mounds View City Council Page
Seven
Regular Me W ng------------
----------------------------------
Clerk/Administrator Pauley replied that Staff would look
into the matter.
Councilmember Haake asked if conditional use permits
property
require that notices be sent to surrounding
Director Thatcher replied they are not
owners.
required to, and that notice is only required to be
Clerk/
published in the New Brighton Bulletin.
Pauley also clarified the administrative
Administrator
policy which is followed.
Councilmember Hankner reported the Festivities
June 4th and they in need
Commission will be meeting on
to help out with the Festival in the Park.
of more people
Councilmember Hankner reported she had spoken to Grant
and he is in the process
Merritt within the past two weeks
firm he was employed with and would like to
of leaving the
be able to settle his bill with the City.
Motion/Second: Hankner/Blanchard to authorize payment
the April 24th letter
to Grant merrILL of $2,147.53 per
from Carol Herbst of the law firm.
Motion Carried
5 ayes 0 nays
Councilmember Quick had no report.
Mayor Linke had no report.
Clerk/Administrator Pauley requested authorization to 19'
Reort of
Clerk/Admini-
submit a grant to the Met Council Regional Arts
for $958 for four performances by artists
strator
Council
at Silver Lake Park this summer.
Motion/Second: Linke/Blanchard to authorize Staff to
Council
to the Arts
SUT)mit
exempt organization
CityanL is antaxndicate
Motion Carried
5 ayes 0 nays
Clerk/Administrator Pauley received Council approval
Cubscouts for
to e21clean-up
atwith
includeMcDonalds$
June2, to
Clerk/Administrator Pauley advised the Council of an
article in the New Brighton Bulletin regarding the
competition between Mounds View and Shoreview to
have the new Ramsey County Library built in their
City, and stated he would be going to the schools
in the City and asking the students to write to
the library board, as Shoreview did.
Mounds View City Council May 28, 1985
Regular Meeting Page Eight
----------------------------------------------------------------------
Clerk/Administrator Pauley requested authorization
from the Council to hire a Hamline graduate, with a
masters degree, to do a three month internship with
the city to do the research work for the economic
development plan. He explained he had not met this
person but had been told about her and that she would
be willing to work for a total of $3,000 for the
three months.
Motion/Second: Quick/Haake to authorize the Clerk/
Administrator to hire the intern for a three month
period at a cost not to exceed $3,000, with the
identified funds.
5 ayes 0 nays
Clerk/Administrator Pauley explained where the funds
would come from, from the elections and equipment
debt certificate accounts.
Motion/Second: Hankner/Blanchard to adjourn the
meeting at .42 PM.
5 ayes 0 nays
20
•
Motion Carried
Adjournment
Motion Carried
s