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HomeMy WebLinkAboutAgenda Packets - 1989/10/02CITY OF MOUNDS VIEW CITY COUNCIL OCTOBER 2, 1989 5:30 P.M. - 7:30 P.M. EXECUTIVERFOANNCE RMEDEVELOPSSION TO REVIEWS OF CLERK ADMINISTRATOR 7:30 P.M. - 8:00 P.M. COUNCIL BUDGET REVIEW AGENDA SESSION 8:00 P.M. 1. Discussion of Communications Problems with Silver View Park Area. Residents 2. Consideration of Staff Memorandum Regarding Changes to Proposed 1990 Budget 3. Discussion Regarding 1989 Long Term Financial Plan (Information provided in 9/25/89 packet) 4. Consideration of Staff Memorandum Regarding Rezoning of Mounds View Business Park South to Planned Unit Development (PUD) 5. Consideration of Staff Memorandum Regarding Pioneer Sebwinn Wetland Alteration Permit Request and Waiver of Highway 10 Corridor Moritorium Requirements 6. Consideration of Staff Memorandum Regarding Paster Enterprises (Mounds View Square) Request for Rezoning from B-4, Regional Business District, to B-3, Highway Business District; a Conditional Use Permit for Convenience Food Drive In Restaurant; and a Conditional Use Permit - Planned Unit Development (PUD) to Allow More than 1 Principal Building on a Lot 7. Consideration of Staff Memorandum Regarding Intermittent Lead Van Proposal - Discussion with Employees and Union Representative 8. Consideration of Staff Memorandum Regarding Bike Trail Request on old Highway 8 9. Consideration of Stafi Memorandum Regarding City Survey 10. Discussion Regarding Resolution No. 2537 Establishing Policy Regarding the Appointment of Students to Commissions and Committees (Information provided in 9/25/69 packet) 11. Discussion of City of Mounds View's Sign Ordinance (Gary Quick) ORDINANCE NO. 476 (v `9 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 City Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 101.04, License Fees, (3) is amended by adding the following: 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 on the 25 day of September, 1989. Read and passed by the City Council of the City of Mounds View this _ day of , 1989. ATTEST: _ Mayor (SEAL) Clerk -Administrator APPROVED AS TO FORM: City Attorney r `4 PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW qq RAMSEY COUNTY, MINNESOTA UNv n s Regular Meeting y q'� �ii�� September 25, 1989 7 ia.i �' 2401 Hwy. 10, Mounds View, Mounds View CMNy55112 Hall ------------------------------------- The Mounds View City Council was called to order by 1. Call to F,ayor Hankner at 7:03 PM on Monday, September 26, 4989. Order The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Quick (who joined the meeting at 7.11), Blanchard, Paone, Wuori and Mayor Hankner. It was noted Councilmember Quick was attending another meeting and would be joining the Council meeting shortly. ALSO PRESENT: City Attorney Karney, Finance Director Brager and City Planner Hren. Motion/Second: Paone/Wuori to approve the September 11, 1989 minutes as corrected. 4 ayes 0 nays There were no residents requests or comments from the floor. Mayor Hankner closed the regular meeting and opened the first public hearing at 7:06 PM. 'ity Planner Hren explained the owner of Mid -American Auto, at 2975 Highway 10, has requested a waiver to the moratorium along Highway 10, as he would like to erect a free-standing sign and eliminate all other signage on the property. Due to the moratorium, he could technically only paint a sign on the building. The Planning Commission has reviewed the request and recommends denial, based on the moratorium. Without the moratorium, the sign would meet all code require- ments. 3. Roll Call 4• Approval of Minutes: September 11, 1989 Mution Carried 5. Residents Requests and Comments from the Floor 6. Public Hearing: Mid -American Auto Request for Waiver of Hwy. 10 Corridc Moratorium Requirements Mounds View City Counci� jy Regular Meeting V I ` hrrn � } V `U ------------------------------- 1 i -- Y Mayor Hankner explained the moratorium was put in place some months ago while the Comp Plan was being updated for the Highway 10 corridor. It is due to be completed in February, and will be followed by public hearings. The moratorium is in effect until April, 1990. Kevin Mullins, owner of Mid -American Auto, stated he had not realized until recently that he needed to pre- sent a hardship. He stated he needs to be competitive with the other businesses in the area, and Spring Lake Park has seven auto dealers with free-standing signs on their property, and his lack of signage is hurting his business. He added there is an existing cement foundation base the sign would be erected on, and electrical service is already in place, and he has had a sign designed that would be in conformance with all City requirements, and he presented a sketch of what the sign would look like, as well as photos of signs at dealerships in Spring Lake Park. Councilmember Quick joined the meeting at 7:11 PM. Mayor Hankner closed the public hearing and reopened the regular meeting at 7:14 PM. Mayor Hankner closed the regular meeting and opened the second public hearing at 7:14 PM. Ms. Hren explained Super America, who has recently Purchased all 7-11 stores in Minnesota, has requested a wetlands alteration permit for the store at 7295 Silver Lake Road, as the store sits in the wetland buffer zone. They propose to change the sign and mansard at this time, and would do additional work later, to include landscaping, repair of the parking lot and other minor repairs. They are requesting approval of all changes at this time, to avoid having to come back as they are ready to do each item. The Planning Commission has reviewed the request and recommends approval. The property is zoned B-1, and would not be eligible for gas pumps, which require B-3 zoning. Jesse Varnes, 7350 Silver Lake Road, stated he would like to see the place fixed up but he is concerned that they may pump gas later. Mayor Hankner explained they do not have room on their property for gas pumps, nor is the zoning appropriate. A request for the installation of gas pumps there was denied in the past. Ms. Hren reviewed the requirements for gas pumps. She also noted they would have one year to complete the work from the time the permit is issued. September 25, 1989 Page Two 7. Public Hearing: Request for Wetland Altera- tion Permit by Super America, 7295 Silver Lake Road Mounds View City Regular Meeting Mayor Hankner closed the public hearing and reopened the regular meeting at 7:18 PM. Motion/Second: Wucri/Quick to approve the consent agenda, as amended, and waive the reading of the resolutions. 5 ayes 0 nays Dr. George Realmuto, of the University of Minnesota School of Medicine, Department of Child and Adole- scent Psychiatry, distributed a synopsis of the study he hopes to publish on the role of City government in psychological relief services, related to the Williams Pipeline disaster. Dr. Realmuto made a slide presentation and reviewed the analysis of City governments role in a disaster of this type, as well as the findings of the door to door survey that was done after the disaster. The Council thanked Dr. Realmuto for his time and making the presentation. Mayor Hankner closed the regular meeting and opened the third public hearing at 8:02 PM. Mod Feders, of Buetow and Associates, architects for the library, presented a scale model of the pro- posed library, and he reviewed the Site plan and proposed parking, landscaping, buiiding construction and layout. Grace Berry, no address given, asked if any of the library property is optional for sale for something else. Mr. Feders responded it belongs to the County and is planned for the future expansion of the library. Carol Zolinski, of Groveland Avenue, extended her thanks to everyone who has worked so hard to get the library in Mounds View. County Commissioner Duane McCarty reviewed the history of getting the library in Mounds View. Mayor Hankner closed the public hearing and reopened the regular meeting at 8:17 PM. September 25, 1989 Page Three 8. Approval of Consent Agenda Motion Carried 9. Presentation of Williams Pipeline Disaster Study 10. Public Hearing: Ramsey County Library Conditional Use Permit for Branch Library Mounds view City Council - September 25, 1989 RegularMeeting UNAPPROVED Page Four -------------------------------------- Ron Langness, of Springsted Financial Advisors, report- 11. Presentation ed bids had been opened earlier in the day for the of Bids for Mounds View Business Park tax increment bond sale, and Mounds View they are very pleased with the results. Interest Business Park rates are close to projections, with five bids re- Tax Increment ceived, and interest at 9.21%. Bond Sale - Attorney Karney reported he had received the documen- tation and reviewed it. Notion/Second: Quick/Blanchard to approve Resolution No. 2540, authorizing dnd awarding the sale of, and providing the forms, terms, covenants and directions for $1,490,000 taxable general obligation tax incre- ment bonds, Series 1989C, to First Bank National Association, and pledging for the security thereof tax increment from Tax Increment Financing District No. 1, and waive the reading. 5 ayes 0 nays Motion Carried Motion/Second: Paone/Wuori to approve Resolution No. 254 , authorizing the sale of, and providing the forms, terms, covenants and directions for $930,000 general obligation tax increment bonds, isSeries 1989B, to Norwest Investment Services, and pledging for the security thereof tax increment from Tax Increment Financing District No. 1, and waive the reading. 5 ayes 0 nays Motion Carried Motion/Second: Paone/Hankner to approve Resolu- 12. Consideration tion No. 2535, approving a conditional use permit of Resolution and development site plans for the Ramsey County No. 2535 library located at 2575 Mounds View Drive, Planning Case No. 277-89, and waive the reading. 5 ayes 0 nays Motion Carried Motion/Second: Quick/Wuori to approve Resolution 13. Consideration No. 2538, approving a wetland alteration permit of Resolution for Super America to perform work in a wetland No. 2538 buffer area at 7295 Silver Lake Road, Planning Case No. 279-89, and waive the reading. 5 ayes 0 nays Motion Carried 0 Mounds View City Council UNAPPR:01� Se tember 25, 1989 Regular Meeting �7t}.� Il'L.. --------------------------•------------------------------------------------ Page Five Motion/Second: Quick/A'uori to approve Resolution 14. Consideration No. 2536, approving the requested modification to the of Resolution moratorium district to allow the addition of a free- No. 2536, standing sign at Mid -American Auto located at Mid -American 2975 Highway 10, to include that it has been deter- Auto minded the applicant nas demonstrated a hardship, it does not affect the general health, safety and welfare of the residents of the City, the approval of this does not affect the integrity of the ordinance, and it is consistent with the intent of the ordinance, and waive the reading. 4 ayes 1 nay Motion Carried Councilmember Blanchard voted against the motion. There was considerable discussion before the vote was taken. Councilmember Paone expressed concern that with this exception, others along the Highway 10 corridor might also ask to make chanoes. Councilmember Blanchard stated she agreed with Councilmember Paone's comments and added there is a moratorium in place, and once one exception is approved, it will be very difficult to control. She added this weakens the moratorium and ordinance. Councilmember Quick pointed out the intent was that property could not be improved, and he considers this type of request as not falling into that category. He also pointed out if this is denied, they might lose the opportunity for any improvement to that property. Councilmember Wuori stated in working on the Comp Plan, they worked with the land usage, and did not touch signage. She stated she does not feel this interfers with the moratorium. Ms. Hcen reviewed the conditions under which a modification to the moratorium could be granted. Mr. Mullins explained he bought the business in 1987, and he reviewed the changes he has made since then. He is trying to make improvements to the outside now, and is requesting the sign approval. He explained he has used the temporary sign permit, which is allowed for three 21 day periods per year, and signage-at the roadside does enhance and improve his business; and they have a noticeable increase in sales when the small boulevard sign is in use. NAP PR OVEN ------------------------- September 25, 1989 Mounds View City Council, page Six Regular Meeting --------------------- -- Mayor Hankner stated she did not feel this affects the integrity of the ordinance. Attorney Karney recommended the resolution reflect that the requirements of the ordinance have been met. 2nd Reading Motion/Second: Quick/Hankner to table this item. 15. and Adoption of ordinance 5 ayes 0 rays No. 470 Motion Carried Ms. Hren explained the address change is required as 16. aftOReading nce the house being built is now facing Ardan Avenue, No. 477 rather than Spring Lake Road. Motion/Second: Paone/Blanchard to have the first readiT Ordinance No. 477 amending the municipal 47, entitled code of Mounds View by amending Chapter the reading. "House and Building Numbers", and waive Motion Carried 5 aves 0 nays Ms. Hren reviewed prop osed Ordinance No. 474. 17. 2nd Reading and Adoption Motion/Second: Quick/Wuori to have the second of Ordinance No. 474 readingadoption of Ordinance No. 474, amending view municipal code en- Chapter 42 of the Mounds titled "Subdivision Regulations", and waive the reading. Councilmember Quick - aye Councilmember Blanchard - aye Councilmember Paone - aye Councilmember Wuori - aye Motion Carried Mayor Hankner - aye 1st Reading Finance Director Bragec explained proposed Ordi- 18. of Ordinance nance No. 476 concerns license fees for non-intoxi- No, 476 cating liquor, and brings the Code into conformance with State law. Motion/Second: Quick/Hankner to have the first Te—ading of ordinance No. 4706, amending Chapterm101ci- pal code of Mounds view by entitled "Non -Intoxicating Liquor". Motion Carried 5 ayes 0 nays September 25, 1989 Mounds View City Council Page Seven Regular Meeting 1-1-LIJIrVICIr nn - ' Mr. Brager read Ordinance No. 476. rc osed Ordinance No. 475. 19. 1st Reading Mr. Brager reviewed p p of Ordinance Motion/Second: Paone/wuori to approve the first No. 475 readinTOrdinance No. 475, amending the code of Mounds View by amending Chapter 100 entitled "Intoxicating Liquor", and waive the reading. Motion Carried 5 ayes 0 nays Paul Mielke, 5176 Brighton Lane, asked if this would 20. Consideration of Resolution apply only to students under age 18, or to all No. 2537 students regardless of age. Mayor Hankner replied it needs clarification- Motion/Second: Blanchard/Paone to table this item. Motion Carried 5 ayes 0 nays Alice Frits, 8072 Long Lake Road. stated with the 21. Consideration of Staff Memo new libraryt bike safety and training will be even Regarding Bike more important. Safety Programs Mr. Brager reported that Staff recommends the City, in spring of p 1990 in conjunction with the school system, offer a the City's two bicycle safety training class at elementary schools. Councilmember Blanchard asked that people realize adults ride bike riders are not just children, and the rules also. them and need to be aware of Motion/Second: Paone/wuori to direct Staff to puttingtogethertogether a bicycle training program a joint with the elementary schools in the area, as Park and Rec Departments, effort with the Police and and further investigate adult safety. Motion Carried 5 ayes 0 nays Debbie Jones, no address given, stated she had parti- cipated in bicycle rodeos in other communities and found them to be very helpful. Police Chief Ramacher explained the City cannot begin requiring licensing of bikes on a citywide level, that it can only be required on a State level. Park and Rec Director Saarion reviewed the programs that have been offered in the past. Mounds View City Council September 25, 1989 Regular Meeting U�IN P , � 1N A Page Eight ------------------------- --,-,-------- Mr. Mielke stated he felt it was important to get bike riders on the right side of the road, as well as to wear helmets and signal turns. Mrs. F-its stated she would still like to see a program that incorporates the laws of the road, as they need to develop good habits in children now, as they are the drivers of the future. Ms. Saarion reviewed the three bids that were re- 22. Consideration ceived for the Silver View Park water and sewer of Staff Memo services. Regarding Award for Motion/Second: Wuori/Hankner to award the contract Silver View to Volk Sewer and Water for the installation of a 6" Park Water and ductile watermain and 4" sewer service at Silver Sewer Service View Park, in the amount of $24,680.00. 5 ayes 0 nays Motion Carried Ms. Saarion explained a fire hydrant is not included in this bid,but it could be added now or later. Mr. Brager reported the pay request by Lametti 6 23. Consideration Sons has been reviewed by the City Engineer, who of Staff Memo recommends payment. Regarding Pay Request by Motion/Second: Blanchard/quick to approve the par- Lametti S Sons tial 'Payment request of Lametti s Sons for the public improvement portion of the Sysco development, in the amount of $68,986.24, to be charged to account 1480-4121-705. 5 ayes 0 nays Motion Carried Mr. Brager reviewed the status of delinquent 24. Consideration utility bills and requested that a public hearing of Staff Memo be set to consider certifying them to Ramsey Regarding County for collection with next years property tax Delinquent levy. Utility Bills Motion/Second: Paone/Blanchard to set a public hearing g for 7:10 PM on October 23, 1989 to con- sider certifying delinquent utility accounts. 5 ayes 0 nays Motion Carried Mounds Regular Mew City Council UNAPPPI Regular Meeting n �:----------------- .,a September 25, 1989 _ - Page Nine d Ms. Hren updated the Council on the Taco Bell restaurant. The buildingstatus of the the necessary approvals have been received. 25' Consideration is complete and Motion/Second: of Staff Memo �_• Wuori/Quick to approve Regarding Taco of a certificate of occupant rTaco the issuance Bell Occupancy Highway 10. Y for Taco Bell, 2219 of Occupancy 5 ayes 0 nays Attorney Karney reviewed the history of the bus - condominium arrangement between Taco Bellnessand Fried Chicken, which are owned by the same company. He stated Kentucky he has not seen Parent yet and understands it has the final agreement in the works. He ex not been signed butis requestin explained Kentucky Fried Chicken is out, but g additional time to get the agreement are rbut they e would like to begin construction worked g a building permit. now and Mr. Kerney advised the Council could approve issuing Citythe building permit, contingent upon them holding the harmless if y beg in construction and y finds the co ndominium agreement then the is not acceptable. r Motio-o=d: panne/Hankner for Kentuck that the building upon approvalFOfethehcondominiumicken can eagreement, andnentert .Pon into a hold harmless gent Of occupancy and restaurantric agreement, and the certificate the agreement has been entered into. be held until 5 ayes 0 nays Mr. Ramacher asked Council approval of the purchase Ca a 1989 Blazer, to replace the 1982 unmarked squad car. The '82 will be traded in and be considered the down payment, with full payment then due on or about January 2, 1990. He explained this budgeted item for 1990. is a Motion/Second• Prch Of the Blazer,tfrom uIk/PaoPolar Chevroletne to approve ,1einuthease amount of $14,490, with $4,490 to be transferred from the Police budget to the equipment fund. 5 ayes 0 nays Ms. Searion reported the Silver View Park picnic shelter committee met earlier in the evening and approved the specs for the shelter. 13. They hope to send them out Opened October on September 29, with bids to be Motion Carried • 25. Report of Attorney Motion Carried 27. Report of Staff Members Motion Carried Mounds View City Council; Il'13 i�i,��4 APPR, Regular Meeting Councilmember Paone left the meeting at 9:28 PM. Mayor Hankner suggested the Council could call to order if necessary at the October 16 agenda session, to take action on the bids received. Motion/Second: Hankner,/Quick to set the October 16 agenda session as a regular meeting for the purpose of taking action on bids for the Silver View Park picnic shelter. 4 ayes 0 nays Councilmember Quick requested Staff provide infor- mation on possible sites and costs for a fire hydrant and drinking fountains for Silver View Park, at the next agenda session. Councilmember Paone rejoined the meeting at 9:32 PM. Councilmember Quick asked that the sign ordinance be placed on the agenda for review at the next agenda session. Councilmember Blanchard reported she had represen- ted the City at the dedication of the newly remodeled Fire Station No. 3 in Blaine on September 24, and it is very nice. Councilmember Paone had no report. Councilmember Wuori reported she had helped at the household hazardous waste collection day in New Brighton on September 23, and it was very successful. Mayor Hankner suggested the Council set a time to discuss the budget, as the Legislature is most likely going to call to order this Wednesday. The public hearing is scheduled for October 9, and the law requires the budget be adopted at the same time. It was agreed to meet on October 2, at 7:30 PM, prior to the start of the regular agenda session. Mayor Hankner reported she had received a phone call concerning the safety of the decks at Landmark Estates. Attorney Karney reviewed the history of the problem with the decks and pending litigation the City is involved in now. September 25, 1989 Page Ten Motion Carried 28. Report of Councilmembers: Councilmember Quick Councilmember Blanchard Councilmember Paone Councilmember Wuori Mayor Hankner 4 September 25, 1989 Mounds View City Counci Iq Page Eleven qpq -'' Regular Meeting _ ---------------------- --______ ?.�_L 9�. Mayor Hankner alerted the council that she had re- ceived a call concerning access to the Knollwood extension, and a petition may be coming in to the City. Mayor Hankner asked that the utility rate study letter received from Kraus Anderson be directed to Ric Minetor, if it hadn't already. 29. Report of Mr. Brayer had no report. Clerk/ Administrator There being no further business before the Council, 30. Adjournment the meeting was adjourned by Mayor Hankner at 9:44 PM. Respectfully submitted, Donald F. Pauley Clerk/Administrator PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ��_ ;.'".'j 1 1 `� 5 i �✓ Regular Meeting 11, 1989 September Mounds View City Hall ------------------------------------------------------------------------ 2401 Hwy. 10, Mounds View, MN 55112 TThe Mounds View City Council was called to order by 1. Call to Mayor Hankner at 7:00 PM on Monday, September 11, Order 1989. The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Quick, Paone, Wuori and Mayor Bankner. It was noted Councilmember Blanchard was absent. ALSO PRESENT: City Attorney Karney and Clerk/ Admin— trator Pauley. Motion/Second: Paone/Wuori to approve the August 28, 989 minutes as presented. 4 ayes 0 nays Debbie Jones, 7405 Parkview Drive, expressed dis- satisfaction to the Council concerning plantings that were put in around the path at Silver View Park. She explained she had been present at the agenda session last week where a memo was reviewed but copies not given out, concerning the placement of plantings. It was stated the residents were to have input into the placement. However, she received a certified letter from Rick wriskey last Thursday, upon arriving home at the end of the day, stating he could be contacted Tuesdays or Thursdays only. Her first opportunity to reach him would then be tomorrow, September 12, but she arrived home today to find the plantings already in, and they are not where she wants them by her property. She stated the placement of the plantings actually directs people through her property, and they are only 16" from the property line whereas she has been told by a landscape architect they should be 2-31, to allow for growth. 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: August 28, 1989 Motion Carried 5. Residents Requests and Comments from the Floor Reunds View City Cuuncil Regular Meeting ti a• ]tea September'll, Z989 ----------------------- _ - --- ----••_--- Page Two -----------------'--- Mayor Hankner apologized, stating she wasn't aware the Plantings were Going in so soon, Park Director Saarion stated the residents could re— O to go at any time. The Forester was given the order to go ahead last Tuesday. Ms. Jones noted the letter was dated August 29, but not postmarked until September 6, which is very deceptive. Ms. Saarion stated that was in error, and while the letter was written for the agenda session, the date should have been updated before it was set out. Carol Golden, no address given, stated she agreed with Ms. Jones comments, and she was also very upset to find the plantings had already gone in. Mayor Hankner stated the ted the Council would discuss situation with Staff, and she directed Ms. Saarion to call Mr. Wriskey tomorrow and make him aware of the problem. A resolution should be found and Mr. Wriskey should come in to the agenda session next week to meet with the Council. MotiorySecond• --�_• Quick/Panne to approve the consent agenda, as presented, and waive the reading of the resolutions. 6' Approval pis Consent Agenda 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley explained this had been discussed at the last agenda session. The County and Staff have discussed 7. Authorize methods of responding to the six items stipulated by the Council i . resolution. their Mayor to Sign County Road n J Reconstruction Mayor Hankner explained the Council's position has not changed since Study Report on Behalf of the motion was adopted in June, and resolutions have been the City received from the County in support of the items that Mounds View has raised. The County has stated they will be able to construct the four lanes within the existing right of way. The action required by the Council is to sign off on the study report completed by the County, with the contingencies that were discussed a number of weeks ago. She noted the County owns the already, so property the City cannot stop them from making the road four lanes. I nN n Mounds View City Council l U Regular Meeting A Motion/Second: Wuori/Quick to authorize the Mayor to sign the County Road J reconstruction study report on behalf of the City, contingent upon all the items contained in the memo of last week and upon written communication from the County for their participation in the expedited construction of the 610 project and other items in that memo. 9 ayes 0 nays Vince Meyers explained he needs a temporary okay from the Council to raise racing pigeons in the City. He is currently living in Mounds View and is buying a home in the City. He explained there are eight clubs in the Twin City area and reviewed the raising and racing of pigeons. He noted other areas have changed their laws to support this sport, and he gave a copy of recent legislation in Illinois to the Clerk/Administrator. Mayor Hankner explained the City ordinance governing this area has just been revised, and they did not anticipate pigeons would be requested at the time it was done. Clerk/Administrator Pauley explained the ordinance currently allows two animals. The Council would have the option of amending the Code to allow the raising of more than two animals, and would possibly require the approval of abutting property owners. Attorney Karney stated if changes are made, the abutting property owners should be allowed to give their input. He added they should look at fowl in general, not just pigeons. He also advised the Council is just considering a change and they should give no hint if the ordinance might be changed, as that could result in legal liabilities. If they consider the matter further, a formal public hearing would be held. Mr. Meyers stated he had approval of all but one property owner in the area. Clerk/Administrator Pauley noted the City has received one phone call and one letter against this. He also noted that if the Council adopts an ordinance change, the Charter allows for a refer- endum, and this could ultimately be voted down by the residents. Mayor Hankner explained the Council must listen to the majority of the people, and they are looking at three months minimum for an ordinance change, with no guarantees. September 11, 1989 Page Three Motion Carried 8. Informational Meeting: Consideration of Request of Vince Meyers to Raise Racing Pigeons at 8380 Spring Lake Road Mounds View City Council ? 7. 0 ��� September 11, 2989 Page Four Regular Meeting --------------- -----,-------------------------------- Lorraine Bonine stated it was her father's house Mr. Meyers is planning on purchasing, and she asked why this couldn't be covered under a special use permit. Clerk/Administrator Pauley reviewed the requirements of the ordinance. He explained kennels with more than two dogs have specific requirements and he reviewed them. Motion/Second: Quick/Paone to have Staff begin research on this matter and bring a proposal back to the Council. Motion Carried 4 ayes 0 nays Clerk/Administrator Pauley reviewed the purpose of 9. First Reading Ordinance the proposed ordinance, which would bring this into of 474 conformance with State law and the wetlands ordinance. No. Motion/Second: Quick/Wuori to have the first reading of Ordinance No. 474, amerding Chapter 42 of the Mounds View municipal code entitled "Subdivision Regulations", and waive the reading. Motion Carr 4 ayes 0 nays Councilmember Quick reported the task force has been work- 10. Consideration ina on this, and plans have been modified to keep the of Approval of Silver View shelter as maintenance free as possible, within cost, Park Picnic with long-term flexibility, and so forth. Shelter Plans Mayor Hankner explained they are asking for approval of the concept plan, letting of bids, and giving the task force authorization to make adjustments to the plans within the available dollars. Councilmember Paone stated he was concerned with what the actual costs will be and what the Lions Club is paying for. He stated he felt it was for the construction of the shelter and nothing else. He added he would not be voting on the motion, as he is a member of the Lions Club. Motion/Second: Hankner/Quick to accept the concept plan from the task force appointed by the Council, and direct them to complete the drawings to specifi- cations, let it out for bids, and give them the authority to make adjustments to the proposed plan as long as the adjustments are within the available money. 3 ayes 0 nays 1 abstention Motion Carried Mounds view City CouncilAPPROVED September 11, 1989 Regular Meeting Page Five CCouncilmember Paone abstained from the vote. Mayor Hankner read proposed Resolution No. 2530. 11. Consideration of Resolution Motion/Second: Quick/Paone to approve Resolution No. 2530 No. 2530, a resolution of acceptance and commenda- tion to the Mounds View Lions' Club. 4 ayes 0 nays Motion Carried Mayor Hankner read proposed Resolution No. 2531. 12. Consideration of Resolution Motion/Second: Paone/Nuori to approve Resolution No. 2531 No.2531, a resolution of acceptance and commendation to the New Brighton Eagle's Club. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley requested Council 13. Consideration approval of the 90 day performance review for of Staff Memo Audrey Almendinaer, the City's receptionist, to Regarding 90 include a 20C per hour increase. Day Performance ®Review for Motion/Second: Quick/Hankner to approve a 20C per Receptionist hour 1-'ncrease in wages for Audrey Almendinger, retroactive to September 1, 1989. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley reviewed his memo of 14. Consideration September 8 concerning the Silver View Park master of Staff memo plan phone survey. The cost estimate for 450 Regarding housing units, with 20 questions, would be approxi- Silver View mately $2,000. Park Master Plan Phone There was discussion on other surveys the Council Survey would also like done, and the lack of available funds at this time. Further surveys have been bud- geted for 1991. Motion/Second: Hankner/Paone to direct Staff to further pursue the survey and look at expanding it and look at other areas, including doing a more extensive survey, with estimated costs, options for funding, and so forth. 4 ayes 0 nays 0 Motion Carried Council i Mounds View City -- -------------- Regular Meeting ------- -- Rama made a slide presentation# members of the police police Chief rounds and ictures of all their backg 16 members showing p and reviewing noted 11 of the Mounds department. City' reside in duties wolcehdepartment staff of the p View• lained ordinance necessary P pursuant to the State law Clerk/Administrator Pauiey exp No. 473 was repeal. second Paone/Wuori to have th473, amend- Motion/Second: lion of ordinance No. repealing �doal code of Mounds View by and reading an Halls". ing the munic�ntitled "Public Dance Chapter 108' waive the reading• Councilmember Quick - aye Councilmember Paone - aye Councilmember Wuori aye Mayor Hankner - aye Attorney Karney had no report - There were no reports by Staff members. ick had no report. Councilmember Qu noted Councilmember Blanchard was absent w earlier in It duewas the death of her mother-in-la the day• nick to direct Staff to Second: Paone/Q family- Motion�to the Blanchard send f September 11' 1989 Page Six---------- 15. Second Quarft 1989 Report of Police Chief 4 ayes o nays Councilmember Paone had no report. Wuori reminded everyone the Festival �ill be held September 17, and they Councilmember turnout• in the Pa- k ware hoping for a 9006 report, Mayor Hankner had no rep 16• Second Reading and Adoption of ordinance No. 473 Motion Carried 17. Report of • Attorney 18 Reports of Staff Members 19. Reports of Councilmembers: Councilmember Quick Motion Carried Councilmember paone Councilmember Wuori i Mayor Hanner September 11, 1989 PageCouncil � ---- ----- Seven Mounds View City _______________________ Regular Meeting 20. Report of reported the committee Clerk/ Clerk/Administrator Pau on the of the wetlands Administrator which has been working ek,Task Force ll ordinanceshould befinished thial suweLty and it Force then g will be presented to by the end of the month• and then reviewed in the Council on October 21 detail on October 16. Councilme^�ber Wuori noted there are vacancies on the EQTF, and it is important that they be filled. Clerk/Administrator Pauley reported a set of 9has demands has been received from tochaveready for prepared a memo which he hop He requested eek- the Council's consideration ecutivewsession, to begin the CoFMcandschedule provide Staff with direction. at 7 Motion' PaonilWuori egito neata7 PMon session of the Council, to beg Monday, September Lthetcegularaagenda0 fsession. and be followed by 4 ayes 0 nays There being no further business before the Council. Mayor Hankner adjourned the meeting at 8:37 PM. Respectfully submitted. Donald F. Pauley Clerk/Administrator Motion carried P1. Adjournment i a TO: Mayor & Council `"" °2 FROM: Don Brager, Finance Director - Treasurer DATE: September 19,1989 Subject: Changes To Proposed 1990 Budget Staff was directed to make the following changes to the Proposed 1990 budget at the September IS, 1989 Agenda Session: City1) Increase the Fire Department budget by $4,108 to reflect the 's share of the fire department budget recently negotiated by the cities of Blaine, Spring Lake Park, and Mounds View. Account 100-4210-390 Fire Department, Grants f Subsidies was increased from $154,000 to S154,108 to account for this change. 2) Add $10,00o for a City Survey to be conducted in 1990. This amount has been budgeted in Account , Professional Services. 100-4100-303 Council Other 3) Add $2n,979 to complete the computerization of City ' amount has been added to Account 100-4190-703 Cit Equipment IncreasingY Nall. That thataccount from $7,000 to Y Hall, None $27,979. of these changes affects the total amount of the General those Fund budget as alo,,nts were previously in the Contingency Account and o,ere tra,nz-,erred to the various accounts listed above. Revised budget sheets are attached. 0 00 PROPOSED 1990 GENERAL FUND BUDGET 19-Sep-89 ACTUAL BUDGET 1989 1990 DEPT 1990 TEAM COUNCIL t '90 91)9GET PERCENT OF 1938 1989 ESTIMATED PROPOSED PROPOSED APPROVES TO '89 BUDGET TOTAL GENERAL GOVERNMENT City Council Advisory Commissions $31,004 S6,a07 $49,159 $9,100 $49,1S9 f9 !00 f43,484 $S6,881 f0 15.711 2.13E Administration f93,750 , 599,.72 $99,272 14,006 1109,3114 $2,836 3108,480 10 -68.84% 0.11E Planning Elections $50,024 127,645 153,642 $53,642 157,259 $57,360 SO SO 9.28t 6.93t 4.06% 2.15t finance $106,903 14,820 1104,124 $4,820 1104,124 39,765 $120,798 $8,415 $117,984 10 13.311% Legal PUD1ic NorRs 168,903 $81,475 $81,475 181,69' $0 10 -1.30% 4.41% 3.01% 3.06% City Nall f63,eSB 1215,697 , l69,.60 1284,084 f69,150 $294,084 f81,693 1308,405 f81,814 181,844 1310 421 10 18.74t 18.34% J.06i 10 9.27% 11.61t Total General Government $663,991 175,,836 1754,836 1016,374 1824,724 f0 9.26% 30.85i PUBLIC SAFETY P0140e Fire Civil Defense Nuisance Abatement $728.324 $140.289 129,70a f8,82S S764,875 1136,918 f16,303 i9,904 1761788 1136,938 $16,303 $9,909 f821,8J< 1154,000 $15,509 $10,212 f820,194 1154,108 $15,509 $10,226 f0 $O f0 f0 7.231 12.54% -4.87t 3.201 30.68% 5.76t 0.58% 0.3826 Total Public Safety $907,147 $928,025 $924,938 11,004,555 $1,000,037 $0 7.76% 37.401 STREETS AND NI6hNAYS Maintenance Garage Streets 532,314 $423,327 181,715 1:63,440 581,116 S!63,440 f100,/59 $260,669 f91,067 $261,322 f0 f0 1110t -28.102 9.77% 9.773 Total Streets and Highways $505,641 1445,!56 1445,156 $361,127 1352,389 f0 •20,84t I3.18t PARRS AND RECREATION Recreation Parks S125,509 t104,469 1147,78! 3195,313 1147,781 3195,313 $157,025 3225,0B8 1157,212 1112,531 SO f0 6.38t -1.42t S.98t 1.20t Total Parks and Recreation $229,973 S343,094 S347,494 1382,113 $349,743 SO 1.942 13.082 OTHER INCREASES 0EC4EAGES1 Contingency Salary Adjustments Transfers to Other Fynds PE031f! S 8et:enznt SO SD f0 St. S50,000 565,685 i:D,919 4O SSO,000 $65,635 540,319 SD t50,000 $71,344 115,302 SO $50,000 171,126 11 ,302 110,000 so SO So t0 Mot 8.74% -62.60% 0.00% 1.872 2.67i 0.57% 0.37% FO'aL GENERAL :Uv, ?2.305,756 3:.-27 715 S2 521„ 2? 1:-700.315 52.673,621 30 1.751 l09.00t ` CITf OF MOUNDS VIEW DEPARTMENTAL BUDGET DETAIL - 1990 EXPENDITURES 09/19/89 100.4100 GENERAL FUND CITY COUNCIL ®1981 1988 1989 1909 DEPARTMENT TEAM REQUESTS COUNCIL APPROVES ITEM DESCRIPTION ACTUAL ACTUAL BUDGETED ESTIMATED REQUESTS PERSONNEL SERVICES $13,800 $13,800 S161800 $16,800 f15,800 516,800 f0 f0 010 SALARIES, REGULAR 020 SALARIES, IEMPIPART-TIME $1,928 $1,971 $1,915 $1,915 $1,990 244 11,990 f0 030 PENSIONS 136 $39 $15,810 $244 $18,959 $244 $18, fig f19$244 $0 TOTAL PERSONNEL SERVICES $15,764 MATERIALS + SUPPLIES SO so so f0 10 s0 s0 SO 1MISC OFFICE SUPPLIES 1 sS, 726 $19,100 $19,100 111,80o $18,200 SC i60 50 SUPPLIES, OPERATING7,136 f0 s0 20 f0 f0 no GOOKS + PERIODICALS s0 $7,436 15,726 $191100 $19,100 $11,800 $18,200 f0 TOTAL MATERIALS + SOPPLIES CONTRACTUAL SERVICES 103 OTHER PRCFE39IONAL SERV $1,059 $6,600 S0 $0 S4,150o s0 $S,Otoo f10,ODo f5,0sso f0 f0 341 LEGAL NOTICES H68 1747 f141 SI,7so f0 s0 343 PRINTING $118 s756 SO $025 $825 $800 s8o0 f0 361 MENBERSnIPS $314 SD 11,275 $1,275 $2,600 $2,600 s7 361 CONFERENCES f2,933 $1,183 34,250 14,250 f1,250 f1250 f0 390 6RPNiS + S2310SES f5,T08 19,468 $11,100 sli,l00 S12,650 f19,650 TOT4L CONTRACTUAL SERVICES 128,90E $31,004 $49,159 $49,159 $43,484 $56,884 s0 GRAND TOTAL CITY COUNCIL is CITY Of MOUNDS VIEW DEPARTMENTAL BUDGET DETAIL - 1990 EXPENDITURES 09/19189 100.4120 GENERAL FUND ADMINISTRATION ITEM OESCRIP1fON DEPARTMENT TEAM REQUESTS COUNCIL APPROVES ACTUAL ACTUAL BUDGETED ESTIMATED REQUESTS PERSONNEL SERVICES 010 SALARIES, REGULAR $47,144 S49,325 $61,467 $61,467 $76,362 $76,362 SO Oil OVERIIME, REGULAR $649 $2 SO SO SO SO SO SO SO SO 020 SALARIES, TEMPART-TIME $2,254 S5,239 $25 $5,671 SO $7,228 SO S7,228 $9,087 $9,263 SO 030 PEBSIONS 040 GROUP INSURANCE 12,711 $3,716 $5,852 $5,852 $5,340 $5,340 SO 050 WORKERS COMPENSATION $480 $109 1246 1246 $260 $260 30 10 SO 060 UNEMPLOYMENT COMP TOTAL PERSONNEL SERVICE' $O SiR,477 SO 158.848 SO $74,793 SO $74,793 SO $91,049 $91,225 SO MATERIALS + SUPPLIES SO SO 10 10 SO SO SO 114 MISC OFFICE SUPPLIES SO SO SO SO SO 160 SUPPLIES, OPERATING 210 BOOKS + PERIODICALS $241 $902 $343 $1,662 $1,579 S1179 $705 $705 SO TOTAL MATERIALS + SUPPLIES 1!1143 $2,005 11,579 $1,579 $705 $705 SO CONTRACTUAL SERVICi!so 303 O?HER PACFESSIONAL EERY $6,449 15,369 $4,450 $4,450 $5,500 $5,500 310 COMMUNIC4TIOMS-TELEPHONE $22 SO SO $500 SO $500 SO $2,000 $O $1,000 SO SO 342 ADVERTISEMENTS $2,258 S2 234 $1,606 $3,034 11,000 S1,000 $2,000 32,000 $0 343 PRINTING 361 MEMBERSHIPS $621 $518 $1,660 $1,660 $625 $625 SO SO 362 CONFERENCES S9,641 $2,966 SO $13,634 SO $13,640 SO $13,640 SO SS,625 SO $5,625 S0 363 TRAINING 380 MILEAGE 51,500 1!,SOO S1,650 $1,650 $1,800 $1,800 SO TOTAL CONTRACTUA: SERVICES S25169! S25,711 S22,900 $22,900 $17,550 $16,550 SO CAPITAL OUTLAY SO SO SO SO SO SO 10 702 BLDG + STFUCTORES S9,562 S7,1B5 SO 50 SO SO SO 703 EQUIPMENT TOJ% CAPITAL CU%4Y $7,562 $7,195 SO SO 10 SO SO MISC DISBURSEMENTS SO SO 550,000 150,000 $50,000 $50,000 SO 910 CONTINGHCY 97C SALARY AD3USTME4TS SO SO 165,625 $65,695 $71,344 $71,426 $O 990 TRANSFERS CUT Si SO $40,919 $40,917 $15,302 $15,302 SC $O TOTAL MISC DISBURSE7ENTS SO SO $156,604 $156,604 $136,646 $136,728 GRAND %TA! 554,373 S93,750 $255,876 S255,876 1245,950 $245,208 SO CITY OF MOUNDS VIEN DEPARTMENTAL BUDGET DETAIL - 1990 EXPENDITURES 09/19/89 100-4190 GENERAL FUND CITY HALL ITEM DESCRIPTION 1987 1988 ACTUAL ACTUAL 1989 BUDGETED 1999 ESTIMATED DEPARTMENT REQUESTS TEAM COUNCIL PERSONNEL SERVICES REOUESIS APPROVES 010 SALARIES, REGULAR Oil OVERTIME, REGULAR $15,586 $17,011 f16,9$0 f16,9S2 $16,952 i16,q$0 020 SALARIES, TEMP/PART-TIME 10 fSIS f0 f0 SO t0 fp S0 t0 $O 030 PENSIONS 040 GROUP INSURANCE $1,772 f1,992 f0 $1,994 t0 $1,994 fS,120 12,483 fS,120 f0 050 WORKERS COMPENSATION $1,013 f60 $1,103 f1 430 12 430 52,7 12,677 f2,$75 f0 f0 TOTAL PERSONNEL SERVICES fIA,950 1120 $21,232 f68 $21,444 568 $ 75 7 $0 121,444 121,300 $27,49/ f9 MATERIALS :SUPPLIES ill STATIONERY COPY MATERIALS $641 11,98S $180112 f0 114 hISC OFFICE SUPPLIES f10,694 tt,]GS ,705 $10,543 ,000$650 f2,000 ,000$650 12,000 ,500 ,500 t0 121 SUPPLIES, 5LDGS4G9NDS SI;7$0 f1,017 11,500 f 10,500 10,500 112,000 f0 123 SUPPLIES, EQUIPMENT f0 S0 f1,S00 $1,500 51,5to 2,000 f2,000 00 f2,0$0 10 160 SUPPLIES, OPERATING 160 MATERIALS . SUPPLIES SUPPLIES f.00 115,531 $1,443 SO $2,500 f0 12,500 SO S0 f0 118,888 JIl,ISO f11,1S0 18,000 $18,000 18,000 t18,000 10 $0 CONTRACTUAL SERVICES 303 uTHfR PROFESSIONAL SE.9V J1J0 S0 ® 310 COMMUNICATIONS-7ELEPNONE 32! ELECTRICITY lIi,902 f11,211 S0 f10,2)2 f0 $19,272 $S0,000 $16,612 $50,000 SO 312 nAIVRAL GAS f10,361 $5,248 $11,109 110,150 f10,1S0 112,600 f16,611 f11,600 J0 330 POSTAGE 17,936 15,J96 17,977 f9,740 19 740 lB4O00 17,000 f0 so J43 PAINTING 351 JANITOR SE34'ICE f4,9]9 t4,432 11,500 $5,634 17,500 $5,534 18,500 18,680 19,500 f0 353 REFUSE COLLECIIO!I S6"91 t S6,i% S7,690 11,690 18,690 18,680 $3,690 0 355 CLEANING -TOWEL S RAGS .b fJE! S616 5239 f700 $700 $000 $800 fO f0 36i MENBERSHIFS 36J TRAINING S8 121 S8,699 1550 S8,706 $550 $8,706 1550 f5S0 t0 320 MILEAGE SO f0 10 f0 $9,300 f0 19,300 SO 401 RENTAL, EQUIPMENT $128 17'w f9S686 1500 $500 t500 f0 f0 480 INSURANCE 4 BONDS 511 REP., BLISS 4 GROUNDS 111,143 $64,735 $1,900 f74,700 17,900 54,728 025 $78,728 l ,780 10 S17 REPAIRS, EQUIP'ESi f5q,I86 f'a' f4,769 f4,100 f1,700 5,700 fS,7U0 $78,728 J78,728 15,700 fD TOTAL COMigPCTU?L SE%v!C55 f153,N7 15,193 f135,!01 115,220 $15,220 $175,990 $10,000 $10,000 JO 30 1175,190 f228,685 f229,448 f0 CAD;7AL OUTLAY 701 9L)G 4 51.;WU.RES 10J ECUIPMEYi 7G'aL f0 $580 f11,692 f29,000 f28,000 f27,500 f7,500 CAPITAL Ou'LAr 552C f31782 $20.074 1441!00 $44,500 17000 f0 !0 S72,S00 f12,500 $35,479 S3I,500 fJS,ll9 !0 GRAND '21AL CITY HALL f590,704 f'15,697 • S224,084 118/,UB4 f708,J8S fJ!O,J21 J7 r ® CITY OF MOUNDS YHO 100-4210 GENERAL FUND ITEM DESCRIPTION COATRACTUAL SERVICES 390 GRANTS + SUBSIDIES TOTAL CONTRACTUAL SERVICES GRAND TOTAL PIPE DEPARTMENTAL BUDGET DETAIL - 1990 EXPENDITURES 09/19/89 FIRE • 1987 ACTUAL 1988 ACTUAL 1989 BUDGETED 1989 ESTIMATED DEPARTMENT RECUESTS TEAM COUNCIL REDUESTS 40PROVES 1134,702 S134,102 1140,289 1140,289 1136,938 $136,938 $154,000 1154,108 f0 $136,938 1136,938 $154,000 f151,108 $0 1134,702 f1<0,289 1136,938 $136,938 $154,000 $154,108 $0 ITEM 4 MEMO TO: Mayor and City Council FROM: City Planner Hren DATE: September 28, 1989 SUBJECT: MOUNDS VIEW BUSINESS PARK SOUTH PUD REZONING PLANNING CASE NO. 259-89 Resolution No. 2501 directed City Staff to prepare an ordinance thdt would rezone the Mounds View Business Park South project to PUD from B-3. Attached for your consideration is an ordinance rezoning the subject property as directed. Should you have any further questions or comments, please feel free to call me. :2 MMH/BAC Attachment ORDINANCE NO. 478 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 41 ENTITLED, "SPECIFIC REZONINGS" The Council of the City of Mounds View does hereby ordain: SECTION I. The Mounds View City Council has taken into consideration the following items as it relates to the Mounds View business Park South Project: 1. Relationship to Municipal Comprehensive Plan. 2• The Geographical. area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. SECTION II. Pursuant to Chapter 41.23, the Official Mounds View Zoning Map is hereby amended to reflect the following rezoning: Mounds View Business Park South is hereby rezoned from B-31 Highway Commercial District to PUD, Planned Unit Development: 08-30-23-42-0006 08-30-23-43-0001 08-30-23-43-0013 08-30-23-43-0014 SECTION III. This ordinance shall take effect thirty days after the date of its publication. Read by the City Coun day of 1 1989. cil of the City of Mounds View on the Read and passed by the City Council of the City of Mounds Viea on this day of 1989. ATTEST: (SEAL) APPROVED AS TO FORM: City Attorney Clerk -Administrator M. C, t ITEM 5 MEMO TO: Mayor and City Council FROM: City Planner Hren DATE: September 28, 1989 SUBJECT: PIONEER SCH'WINN DEALERSHIP, 2661 COUNTY ROAD I PLANNING CASE NO. 278-89 Mr. Richard Wolens has applied for a wetland alteration permit to build in the wetland buffer zone and also a waiver of the Highway 10 moritorium district requirements to allow for construction in the moritorium district. The proposed building would accommodate two separate businesses each with separate entrances into the building. Mr. Wolens has indicated that the proposed tenant would sell VCR and other electronic equipment. The Planning Commission has revieo-�d the request and unanimously recommended to the City Council approval of the waiver of the Highway 10 moritorium district requirements and a wetland alteration permit to build in the buffer zone of the wetland. The revised site survey with easements was submitted this week, and therefore, the City Engineer has not had an opportunity to ,- review them. Staff will have his comments available at your Monday night meeting. Staff is looking for direction on this request as to the appropriate resolution to prepare for the public hearing which is to be held on October 9, 1989. M2MH / BAC MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 266-89 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MODIFICATION TO THE MORITORIUM DISTRICT AND WETLAND ALTERATION PERMIT REQUEST BY PIONEER, SCHWINN, 2261 COUNTY ROAD I, PLANNING CASE NO. 278-89 WHEREAS, the Planning Commission has reviewed the requested modification of the moritorium district and the wetland alteration permit to allow the construciton of a Pioneer Schwinn dealership at 2661 County Road I (PIN #07-30-23-12-10); and WHEREAS, the Planning Commission has reviewed the proposed development site plans including the building elevations and determined that the proposal is in conformance with the Zoning Ordinance; and WHEREAS, the Planning Commission has reviewed the requested modification to the moritorium district and has determined that it does not meet the intent of the moritorium district; and WHEREAS, the Planning Commission has determined that the applicant has demonstrated a hardship on his property based on the uniqueness of his property and unique character, that is, the 15 foot Highway 10 frontage; and WHEREAS, the Planning Commission has reviewed the requested wetland alteration permit to allow for development in a wetland buffer zone; and WHEREAS, the Planning Commission has determined that the proposal will not affect the integrity of the Comprehensive Plan or the City's Zoning Ordinance or this Interim District; and WHEREAS, the Planning Commission has determined that the proposal is not consistent with the letter and intent of the Moritorium Ordinance; and WHEREAS, the Planning Commission has determined that the proposal does not affect the health, safety and general welfare of the City. M NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends to the City Council approval of the requested modification to the moritorium district and a wetland alteration permit and development site plan for the proposed Pioneer Schwinn Dealership at 2261 County Road I, contingent upon the following: to 1. All requirements of the City Engineer as outlined in two memos, both dated September 13, 1989, are complied with. RESOLUTION NO. 266-89 PAGE TWO 2. The proposed changes recommended by the City Forester, as outlined in a memo dated September 15, 1989, are complied with. 3. The addition of berming along Mounds View Drive, submission of a lighting plan and submission of a sign plan. 4. The developer enter into and sign a development agreement with the City. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 20th day of September, 1989. ATTEST: (SEAL) Chairman t L City Planner CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA MOUNDS VIEW DEVELOPMENT AGREEMENT NO. 89-92 PIONEER SCHWINN DEALERSHIP THIS AGREEMENT made and entered into this day Of 191 by and between the CITY OF MOUNDS VIEW, County of he first part, hereinafter Rsmsey, State of Minnesota, party of t called the "City", and Mr. Richard Wolens er called the "Developer", party of the second part, hereinaft WITNESSETH: WHEREAS, the Developer, in consideration of as wets _alteration ermtt and _waiver the Hi hwa 0 Moritoriu 1m District, Ordinance No. 466 F permits thereof, hereby agrees with the City and the issuance Of p to perform all Of the acts required herein and to conform to all Of the conditions set forth as follows:herein, it shall mean 1. Wherever the word "City" appears and include the City of Mounds View and also said City's agents and employees; and wherever the word "Developer' appears herein, Of its agents and it shall mean the developer, and any herein, employees. Wherever the words development site" appear it shall mean the premises described in the following exhibits: Exhibit 1. (Site Survey and Legal Description dated Exhibit 2. (Site Plan Dated Exhibit 3. (Site Survey) Rev. 12/02/86 Wherever the words "public improvements" appear herein, it shall mean any improvement defined under Chapter 26.04, Subdivision 1, of the Municipal Code, and shall include and not be limited to F streets, curbs and gutters, sanitary sewer and water installations, storm water and drainage installations. 2. This document shall be referred to as the "Development Contract", and said document cannot be transferred or assigned by the Developer except and with the written permission of the City, granted pursuant to a resolution of the City Council, 3. All improvements required herein to be performed by the Developer shall be constructed and paid for by said Developer pursuant to appropriate permits and approval from any governmental agency, such approval and any environmental assessments or environmental impact statements required to be obtained by and prepared at the expense of said Developer. 4. All public improvements, if any, required to be constructed by the Developer with such materials and equipment as required by the City under the direct supervision of the City and shall be in conformance with any and all regulations in force at the time of construction, and the City is hereby granted the right of access to the development site to inspect said construction at such times as the City may direct. 5. The Develper shall, and hereby does, agree to pay when due and before the become delinquent, all valid taxes and assessments, if any, there ever be levied against said development site or portion thereof. to - 2 - 6. The City shall not be under any obligation or responsi- bility to act as engineer/consultant to the Developer in any matter related to this Agreement or to any public improvements required on said site by the City, or to act as inspector and report to said Developer any defect or failure, hazard or inadequacy or otherwise relative to said site development; any actual or implied approval by the City in repsect to any develop- ment shall not serve either to alter or extinguish or to other- wise affect the responsibility, obligation or liability of the Developer in this. 7. The Developer shall not unnecessarily damage or obstruct or cause any interference with drainage ways or drainage works located within or adjacent to said development site, or permit its contractor or other agents to do so. 8. The Developer shall not alter any of the public improve- ments located on said site except if and as elsewhere herein provide. or as particularly in each instance authorized in writing by the City. 9. Surface drainage to be constructed and approved, before and after construction, by the City Inspection Department, and before an occupancy permit shall be issued for the expansion area. 10. All drainage easements required by the City shall be granted by the Developer, without cost to the City, as required. 11. The Developer agrees to conform to all of the applic- able requirements of the Mounds View Municipal Code, as amended from time to time, and particularly Chapters 26, 39, 40, 42, 48, 49, 49A, 59, 60, 61, 62 and 63. - 3 - 12. The Developer herein agrees pursuant to provisions of the Mounds View Municipal Code, Chapter 49.07, Subdivision 6, to Pay, prior to the approval of the permits required, the expenses incurred by the City in the processing, review and evaluation of the proposed development and in the inspection of all work performed pursuant to said contract. Such costs shall include but not be limited to the administrative, legal, and engineering expenses incurred herein, and such other expenses as authorized by said Chapter. 13. The Developer agrees that the City can terminate development of the development site or the Construction of any buidling structures thereon if in the City Council's opinion the terms of this Development Contract have not been conformed to by the Developer and the said Developer herein agrees to cease construction and waives its right of recourse, claim, suit or action against the City. In addition, in the event the Developer fails to conform to the conditions of this Agreement, the City shall be entitled to enforce it pursuant to the terms of this contract and/or the provisions of the Mounds View Home Rule Charter, Chapter 26 of the Municipal Code, or applicable Minnesota Statutes. The Developer herein agrees that in the event the City is compelled to enforce any of the provisions of this Contract by court action and judgment is rendered in favor of the City, that all costs, disbursements and reasonable attorney's fees will be paid by said Developer, its heirs, successors and assigns. 14. The Developer shall furnish to the City at the time of the execution of this Contract a cash bond, a corporate surety - 4 - bond, an irrevocable letter of credit or any other negotiable instrument approved by the City Attorney, which the Developer agrees to keep in full force and effect during the term of the obligation created herein in the amount of Dollars, wherein the City shall be the obligee for the use of the City to guarantee performance by the Developer of all of the terms and conditions of this Contract, in conformance with its terms, and in addition, Upon the Developer conforming to the rules, regulations, statutes and ordinances of the City and the Developer agrees that it shall hold the City harmless from all costs and charges and damages that may occur on account of doing of the work specified and for the enforcing of the terms of this Contract or bond, if action is brought hereon, including reasonable attorney's fees, in any case r where such action is successfully maintained and for the compliance with the laws appertaining thereto, wherein the bond shall be void, but otherwise shall remain in full force and effect. 15. It is understood and hereby agreed by and between the parties hereto that any plans or data supplied by the City within or adjacent to said development site are approximations only and that the City explicitly does not pretend or guarantee or warrant any such plans or date to be either complete or correct. 16. The Developer shall not unnecessarily create, cause or suffer to exist or to continue to exist, any nuisance or hazard to persons or property within or adjacent to said site by reason of said public improvements, development of the site or other eoperations in respect thereof or permit its agents, engineers or contractors to do so. M.'M 17. When applicable, three complete sets of plans and specifications or directions for any public improvement to be constructed on said site, each bearing the certificate and seal n of a professional engineer duly registered in the State of Minnesota, shall be submitted to the City well in advance of the time proposed for commencing construction thereof. The City shall have a period of not less than thirty (30) days in which to examine and review the plans and specifications submtited by the Developer and to reply to the Developer with respect to the adequacy or inadequacy of the plans and specifications. Upon final approval of the plans and specifications and within a reasonable time following completion of the installation, the Developer shall furnish and deliver three sets of "as built" plans thereof to the City. If any public improvements are to be constructed on said site by the City, the necessary easements and right-of-ways shall be granted to the City at the expense of the Developer including the costs of the preparation of the nigh -of -way documents and filing. The Developer further agrees to grant to the City any easements or right-of-ways required over, under and across the development site, at no cost to the City, for the maintenance and accessibility to any public improvement constructed on the development site. The Developer shall establish permanent reference marks, to the approval of the City, in convenient and readily accessible locations wherever said public improvements are constructed on the development site. 18. In the case of a multiple dwelling, commercial or industrial development or any use combining any of the aforesaid uses, the Developer agrees on behalf of itself, its heirs, successors or assigns to permanently maintain the site described herein pursuant to the terms of th;e agreements subsequently entered into, and said Developer shall not permit the premises to deteriorate or become blighted or to constitute a public nuisance, and shall not permit its users or occupants to create a public nuisance. Enforcement of this provision shall be pursuant to the terms of this contract or the provisions of the applicable Minnesota Statutes, the Mounds View Home Rule Charter, and the Municipal Code. In the event of nonconformance by the Developer, the City shall seek mandatory relief, after written notice of the alleged violations, pursuant F`5 to the terms of this Contract to enforce this provision and may proceed to abate public nuisances and to assess the cost of said r a- abatement, including all costs, disbursements, legal fees against the development site, as provided for in the Home Rule Charter, Chapter 26 of the Municipal Code, and such other applicable ordinances and Minnesota Statutes. 19. The development site shall be developed as indicated on the attached site plan, referred to as Exhibit 2. The site plan and the development to be constructed thereon may be amended from time to time by the mutual written consent of the parties hereto, in conformance with the Municipal Code of the City. 20. In addition to all of the provisions recited herein - before, the Developer agrees to the following conditions as more fu11y set out in Attachment A attached hereto and made a part hereof. 21. The provisions of this contract are severable, and in the event that any provision of this agreement if found invalid, the remaining provisions shall remain in full force and effect. - 7 - This agreement is made and executed purusant to and under �q authority of Resolution No. adopted by the City the t day of , 1989, and by resolution or authorized signature of the Developer. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. CITY OF MOUNDS VIEW By Its Mayor By Its Clerk-Administrtor DEVELOPER: By Its President By Its Approved as to form and the excecution this day of , 1989: City Attorney • STATE OF MINNESOTA) COUNTY OF ) ss. On this day of appeared 19 before me Clerk-Admini� and Count y, of the Cxt the Mayor and y of Ramsey, State of Minnesota, a municipal corporation; that the seal affixed to the Mounds View, foregoing instrument is the corporate seal of the corporation, and that the said instrument was executed on behalf of the corporation by authority of its council, and that they acknowledge said instrument to be the free act and deed of the corporation. CORPORATE ACKNOWLEDGEMENT FOR DEVELOPMENT STATE OF MINNESOTA) COUNTY OF ) ss. On this day of appeared an��' 19_, before me that the seal affixedato the fore oin o` corporate seal of the corporation, and thatrthe nsaid oithe nstrument wasrd executed on t is behalf of the corporation by authority of its be atheofreeractoand deedthat thecorporation. they said instrument to INDIVIDUAL ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA) COUNTY OF ) ss. On this day of appeared —�_, 19 before me to be the persons described herein and'alsomwho eexecuted thewn to foregoing Development Contract and acknowleged that h executed the same as free act and deed. '— — DEVELOPMENT AGREEMENT 89-92 EXHIBIT lA In adaition to the foregoing conditions, the Developer agrees to the following: 1. The Developer shall be responsible for the maintenance of landscaping oil the site in the same or similar condition as approved in the 'development site' plans as outlined on page one (1) of this Development Agreement. FOR THE CITY: Dare: FOR THE DEVELOPER: Date: 11 Fl 1 MEMO TO: Mayor and CityITEM 6 Council FROM: City Planner Hren I DATE: September 28, 1989 •' a SUBJECT: MOUNDS VIEW SQUARE - HARDEES 1 PLANNING CASE NO. 276-89 III Paster Enterprises has applied for a rezoning a theif site from B-4 to B-3 to allow for the convenience food restaurant g °' a Portion of applied for a on the addition of a conditional site. The applicant has convenience food restaurant use Permit for the also permit/planned unit develo facilIt drive -through US - another Y and a conditional use Principal buildingPment to allow for the addition of approve of the rezoning on the site. Should the City View Square site, the grfor the Hardees Y Council requirements With proposed site Portion of the Mounds Because h the exception of ap34n meets all minimum zoning site, thehCityphasathehos applied for a CUP/Puarkinp forcehshortage Parkin as part of the flexibilitortun y to allow for the reduction In Y designed into the PUD. Subsequent to the Planning Commission meeting submitted a revised landscaping plan based Commission's concerns that g' the applicant has the north the landsca in on the Planning forwarded north sideto f the site. This landscaping not adequate on City Forester for his P g Plan will be The Planningcomments. ission has meetings and has mrecommended tolthedCt the re approval of the quest at two separate Portion Proposed rezonin Y Council unanimous conveniencecfoodireste and antonditiionalmuse4 to B-3 for the permit for the Hardees CUP/PUD for entire Mounds lawSquaredrivh Commission will be g facilities and a October 4th to consitler theg the plans again ate Planning stages of the Cup/ pUD development stage andfinal meeting on final plan Staff is looking for direction on this request as to the appropriate resolution and/or ordinance t hearing which is to be held on October Of Hardees o Prepare for the public available foPaster Enterprises and Benshoof989. Representatives questions re Your meeting on October 2nd shouldsociates will be regarding the Proposal. You have any MMH/BAC 11 MEMO TO: MICHELLE HREN, CITY PLANNER FROM: RICK WRISKEY, CITY FORESTER DATE: SEPTEMBER 28, 1989 SUBJECT: LANDSCAPING - HARDEES AT MOUNDS VIEW SQUARE The addition of an evergreen headlight block to the north is a good idea. These particular plantings will have to be evaluated after the first year of operation to make sure its doing what was intended. I still think that the parking islands could use some vertical relief in the form of shade trees. I don't feel that shrubs of the variety planned will hold up to snow plowing or people pressure. RW/SL M 0 10 MEMO TO: Mayor and City Council FROM: City Planner Hren DATE: September 28, 1989 SUBJECT: MOUNDS VIEW SQUARE SHOPPING CENTER Please find attached a letter to Paster Enterprises from the City of Mounds View regarding the payment for the lawn sprinkler system that was damaged during the reconstruction of County Road I. According to the letter, the agreement is now null and void because the repairs for the sprinkler system have been paid for and the additional right-of-way has been granted to the City and Ramsey County. Should you have any further questions regarding this matter, please feel free to contact me. MMH/BAC Attachment 7 C►¢ of Ivor g iew RAMSEY COUNTY, MINNESOTA 2401 HIGHWAY 10 MOUNDS V IEW, MINN. 55,12 75�]055 October 26, 1988 Ms. Lisa A. Yarbrough Construction Administrator Paster Enterprises 2227 University Avenue St. Paul, Minnesota 55114 RE: Mounds View Square Lawn Sprinkler Repair Dear Ms. Yarbrough: Enclosed please find a check from the City of Mounds View in the amount of $3,290.18 for the repair of the lawn sprinkler system which was damaged during the reconstruction of County Road I. With receipt of this check, the City of Mounds View has fulfilled all of its obligations in relation to our agreement whereby 'Paster Enterprises provided the City and Ramsey County with additional right-of-way,. We appreciate the cooperation and assistance of Paster Enterprises in helping the City of Mounds View and Ramsey County reconstruct County Road I in a manner which we feel is beneficial to all of the residents of Mounds View and of sicnificant be efit to the adjacent property owners. Ver�ruly you r's CI ni DFP/MJS ITEM 6 MEMO TO: Mayor and City Council FROM: City Planner Hren DATE: September 28, 1989 SUBJECT: MOUNDS VIEW SQUARE - HARDEES PLANNING CASE No. 276-89 Please find attached a memo from Administrative Secretary Michele Severson to myself regarding carnival licenses, health fairs and Christmas tree sales as they relate to the Mounds View Square shopping center. The Planning Commission discussed Paster Enterprises' proposal for the Hardees Restaurant and an issue that was raised was the carnivals, health fairs and Christmas tree sales. The Planning Commission questioned whether it was appropriate to continue allowing these types of activities should the Hardees be constructed on the site. The City Code addresses carnivals and Christmas tree sales in Chapters 110 and 116, both are attached for your review. These are the only criteria that an individual would have to meet in order to allow such use provided they have approval by the property owner. The Zoning Code does not address temporary uses and as such, does not regulate or evaluate proposals such as carnivals, health fairs and Christmas tree sales. If you have any futher questions on this matter, please feel free to call myself or Administrative Secretary Michele Severson. MMH/BAC 060 MEMO TO: CITY PLANNER FROM: ADMINISTRATIVE SECRETARY MICHELE SEVERSON DATE: SEPTEMBER 27, 1989 SUBJECT: CARNIVAL LICENSE/HEALTH FAIRS/XMAS TREE SALES CARNIVALS Carnivals need a license in the City of Mounds View. There are several steps in obtaining a carnival license which you will find in Chapter 116 of the Municipal Code entitled, "ITENERANT AMUSEMENT RIDES, CARNIVALS AND CIRCUSES", copy attached. As far as review and approval of the license Chapter 116.02, Subdivision 2. Review and Approval reads as follows11 witThe regards to granting or refusing to grant a license, Council may require a public hearing on the application, and such hearing shall be held at such time and upon such notice as the ourantmay thedetermine. afterThe consdierationgofnther re tg refuse to license." Under Section 116.02, Subdivision 3. Conditions allows the Council to make certain limitations or restrictions on the licensee as they deem necessary. See below: "The Council may impose any conditions or restrictions it deems necessary or advisable in the public interest, including but not limited to conditions relating to the hours of operation, the outside lighting of the premises, and parking facility. The Council also may reserve the right to impose any conditions or restrictions at any time after the issuance of a license hereunder. A bond may be required in such form and amount as specified by the Council to guarantee compliance with such conditions as shall herein imposed." HEALTH FAIRS: I have not dealt with any health fairs in the Citv of Mounds View. CHRISTMAS TREE SALES: Christmas Tree Sales falls under Chapter 110, Subdivision 3. Transient Merchants of the Mounds View Municipal Code. See Section 110.12 Revocation of License, Subdivision 1. with regard to revocation of license. I hope the above adequately answers your questions, if not please feel free to contact me. /MJS 116.01 CHAPTER 116 ( ( ITINERANT AMUSEMENT RIDES, CARNIVALS, CIRCUSES 116.01 License Required. No person, firm or corporation shall. operate, maintain, or exhibit any itinerant amusement rides, carnival or circus within the municipality without first obtaining a license as provided in this chapter. 116.02 Application and Issuance. Subdivision 1. Application. An application for such license shall be made in writing to the Clerk -Administrator and shall state the full name and address of the applicant, the loca- tion where the amusement rides, carnival or circus is to be conducted, the owner of the premises, and such other information as shall be required by the Clerk -Administrator. Subdivision 2. Review and Approval. The Clerk -Adminis- trator shall verify the information supplied in the application and conduct such investigation as required by the Council of the applicant, proposed activities, and premises. The Council shall require review and recommendation from the Fire Inspector and Police Chief before the license is granted. The Council may require a public hearing on the application, and such hearing shall be held at such time and upon such notice as the Council ( may determine. The Council may grant or refuse to grant the license after consideration of the application. Subdivision 3. Conditions. The Council may impose any conditions or restrictions it deems necessary or advisable in the public interest, including but not limited to conditions relating to the hours of operation, the outside lighting of the premises, and parking facility. The Council may also reserve the right to impose any conditions or restrictions at any time after the issuance of a license hereunder. A bond may be required in such form and amount as specified by the Council to guarantee com- pliance with such conditions as shall be herein imposed. 116.03 License Fees. The fee for every such license shall be established by resolution of the City Council and shall be paid at the time application is submitted to the Clerk - Administrator. If the Council denies an application for license, the Clerk -Administrator shall refund the license fee after de- ducting $25.00 for the costs of processing the application. 116.04 Insurance. (1) The licensee shall obtain and keep in full force and effect proper insurance coverage to protect the municipality and said licensee against any liability for personal injury or 116.04 propert%, jamage sustained by any persons as a result of the oper,.cion of said amusement rides, carnival or circus. Said insurance coverage shall provide protection against liability up to a sum of at leant $50,000 per property damage and $100,000/ $390,000 for personal injury. (2) Said licensees shall obtain and keep in full force and effect proper insurance coverage against any liability for injury sustained by any persons operating said licensed activi- ties as required under provisions of the Workmen's Compensation Act of the State of Minnesota. (3) Said licensee shall submit to the Clerk -Administrator satisfactory certificates of insurance for the coverage required above. 116.05 Indemnification. The licensee shall indemnify and hold harmless the municipality and the Council from any liability in whatsoever manner arising which may be incurred by the licen- see and the municipality as the result of the operation of amusement rides, carnivals or circuses. 116.06 0 eP ration. (1) Any operator or owner of licensed amusenent rides, carnivals or circuses regulated hereunder shall conduct said operations and premises in conformance with all laws and regula- tions of the State of Minnesota. He shall not permit any intoxi- cating liquor or any immoral conduct or practices on said premises. (2) Any said operator or owner shall control traffic en- tering and leaving said premises so that it does not interfere with the orderly flow of traffic on the public streets adjacent thereto. (3) The Council shall establish such conditions as it deems appropriate to assure cleaning of the premises and all other properties within a reasonable period after the event and may require a bond to assure such. 116.07 Penalty. Any person, firm or corporation which shall violate any provision of this chapter shall be guilty of a misdemeanor. (257) 0 110.01 CHAPTER 110 PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 110.01 Definitions. Subdivision I. "Peddler" means any person, not,oWhether from house resident of the City of Ms vieor fror streetht ges street, convey - to house, from place to place ing or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers. It does not include vendors of milk, bakery to regular dcustomers groceries onestablishedh outesribute their products Subdivision 2. "Solicitor" means any person, whether a resident of the City of Mounds View or not, who goes from house to house, from place to place, or from street to street, solicit- ing or taking or attempting to take orders for sale oods,or wares or merchandise, including magazines, books, periodicals, personal property of aerformnature inhthe atE future, whether or;oever for future lnot rsuch or for service to be p payments on such order or whether or not he is collecting advance for himself, or order. Such definition includes any person who, uses for another person, firm or corporation, hires, structuretentr occupies any building, motor vehicle, trailer, railroad boxcar, boat, hotel room, lodging house, apartment, shop, or other place within the City for the purpose of exhibit- ing samples or taking orders for future delivery• Subdivision 3. "Transient Merchant" includes any Oerson, firm or corporation, whether as owner, agent,consignee, View or not employee, whether a residena oftsellin9unds and delivering , who engages in a temporary business goods, wares or such Purposesse ,ithin the hires, leases, who, in occupies any furtherance of such Purposes, building, structure, motor vehicle, tranlehousese,apartmenrailroad ts,othe car, boat, public room in hotels, lodging exhibition and sale of such goods, waresrovidd that merc such adefinition her, privately or at public auction, p firm odoesr crnota tion who, while does not include any person, fisell from stock, but occupying such temporary exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged is re- lieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local chant, or auctioneer, or by conducting such dealer, trader, mer in connection with, as a part of, or in the transient business trader, merchant, or auctioneer. name of any local dealer, 110.02 110.02 Permit Required. It is unlawful for any peddler, ( solicitor or transiene t merchant to engage in any such business within the City of Mounds View without first obtaining a permit therefor in compliance with the provisions of this chapter. 110.03 Exemptions. The terms of this chapter do not include the acts of persons selling personal property at whole- sale to dealers in such articles, not to newsboys, nor to the acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this chapter prohibits any sale required by statute or by order of any court, or orevents any person conducting a bona fide auction sale pur- suant to law. 110.04 Application. Applicants for a permit under this chapter shall file'�with the Clerk -Administrator a sworn applica- tion in writing on a form to be furnished by the Clerk - Administrator. The application shall give the following information: a) Name and physical description of applicant; b) Complete permanent home and local address of the applicant and, in the case of transient merchants, the local adddress from which proposed sales will be made; c) A brief description of the nature of the business and the goods to be sold, d) The name and address of the employer, principal or supplier of the applicant, together with credentials therefrom establishing the exact relationship; e) The length of time for which the right to do business is desired; f) The source of supply of the goods or property pro- posed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery; g) A recent photograph of the applicant which cpicturand shall be approximately 2" by g he head shoulders of the applicant in a clear and distin- guishing manner, 4 110.04 propertyowners of Ramsey h) The names of at least two11crtify as to the (� Minnesota, ectabi- applic, good character and business nces such applicant's 9 the names of references, lity, or, in lieu of good character and of the applicant as will en - other available evidence as to the g business responsibility ly evaluate such able an investigator toproper nsibility; character and business responsibility' applicant has crime, misdemeanor, or viola- i) A statement as to whether or not the been convicted of any traffic of any municipal ordinance, other than traffic , tre nature of the offense and the punish - Violations ment or penalty assessed therefor, municipalities, not to exceed three, where j) The last reced- the applicant carried on busthesaddressestfrom ely pwhich ing date of application in those municipalities. such business was conducted - r,amotion. 110.0� R'liQious and CharitableoCLcorporation desiring to Sc,cl� association donations of Any organization,cited in kind or desir- solicit or to have rlfinancial stance any than money or property, item of literature or merchandise distribute any from persons other ing to sell or or solicited for which a fee is charged the streets,o ni�fpublicr members of such organizations upon house-to-h3 patriotic, or philanthropic business buildings, by ious, P Section 110.04 of places for a charitable fromlthe provisions of lication in writ - purpose shall be exemp sworn aPP, this chapterP Clerk -Administrator which provided there is filed a ing on a form to be furnished shall give the following permit is a) Name and purpose of the cause for which the sought; b) Names and addresses of the officers and directors o the organization; c) Period during which solicitation. is to be carried on; d) whether or not any commission, fee, wages or emolu- ith such ments are to be expended in connection w solicitation and the amount thereof. 110.05 association or organization, hilanthro- satisfied that such charitable, patriotic or P permit Upon being religious, issue a oration is a association or corporation corporation , the Clerk -Administrator association Pic organization such organization, association olepre- without charge to Such organization, a ents$ or members, 9 writing stating to solicit shall furthe nish all of it credentials in corporation solicitation of agent and purpose of sentatives ctheuor9anization, name the name of solicitation- Investi ation and Issuance. it shall 110.06 applications insti- on receipt of each PP Subdivision 1• Up police, who shall immediately moral Chief of applicant's business and public be referred to theof the protection of the tute such investigationin the manner prescribed he deems necessarbeen filed by the character as endorse the application. good and shall within 72 hours after t has in this section Clerk -Administrator• the with the such investigation, applicant to be as a result of is found onsibility such appli- Subdivision 2. Ifasresp and return applicant's character or police shall endorse on the Chief of reasons for the same, notify the unsatisfactory, royal and his who shall eimit cation his diont is disapproved and that no p the application to the Clerkon is istra o F applicant that his application �+ a result of such investigation, the will be issued. are found responsibility of the applicant the Subdivision 3. If as endorse on and business resp police shall en to the character Chief of the aPP to be satisfactory,roval and return the applicant his per" application his aPP shall deliver to issuing the signature of the h of said Clerk -Administrator, shall address, and photograP oods mit. Such permit shall contain the kinds of g officer and shall show the name, that the same shall the permit issued and identifying the class °fthe date of issuance permittee, Each to be sold theasuWelllas the permit numbiicensedtbusineseisonal be operative,f any vehicle used in such tion o time by any person description or transient mechant must secure diersonrator minis peddler, issued at any fhe Clerk -A No permit shall belt is issued• permitthan the one to whom all permits issued• other ermanent record of NO permittee, shall keep a p eakin Devices• and S cry out, blow a horn, 110.07 Loud Noises shall shout' cry upon any of the is behalf, Lf ing or upon nor any person in his sound amp y. laces of the City a bell, or use other public p roducted ring alleys, parks or volume is emitted the streets, streets, where sound of sufficientla. ly heard uPOI for the Purpose premises a capable of being public places, which therefromato lleys, parks, or other public or merchandise attention to any 9O°ds, avenues, sell• of attracting proposes to such licensee pr°P 110.08 110.08 Use of Streets. No permittee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the areas is congested and the public impeded or inconvenienced. 110.09 Exhibition of Permit. Permittees are required to exhibit their perm t at the request of any citizen. 110.10 Duty of Police to Enforce. It shall be the duty of the police of the City of Mounds view to require any person seen peddling, soliciting or canvassing and who is not known by such officer to have obtained a permit hereunder to produce his permit and to enforce the provisions of this chapter against any person found to be violating the same. 110.11 Records. The Chief of Police shall report to the Clerk -Administrator all convictions for violation of this chapter and the Clerk -Administrator shall maintan a record for each permit issued and record the reports of violation therein. 110.12 Revocation of License. Subdiviion 1. Permits issued under the provisions.of this chapter may be revoked by the Council of the City of Mounds View after notice and hearing, for any of the following causes: 1) Fraud, misrepresentation, or incorrect statement contained in the application for permit; 2) Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as soli- citor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor; 3) Any violation of the chapter: 4) Conviction of any crime or misdemeanor; 5) Conducting the business of peddler, canvasser, soli- citor, transient merchant, itinerant merchant, or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. 110.12 Subdivision 2. Notice of the hearing for revocation of a • permit shall be given by the Clerk -Administrator in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least five days prior to the date set for hearing or shall be delivered by a police officer in the same manner as a s9mmons at least three days prior to the date set for hearing. 110.13 Appeal. Any person aggrieved by the action of the Chief of Police or the Clerk -Administrator in the denial of a permit as provided in Section 110.16 of this chapter may appeal to the Council. Such appeal shall be taken by filing with the Council within fourteen days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in Section 110.12 of this chapter for notice of hearing on revocation. 110.14 Reapplication. No permittee whose permit has been revoked shall make further application until at least six months have elapsed since the last previous revocation. 110.15 Expiration of Permit. All annual permits issued under the provisions of this chapter shall expire at midnight the 31st day of December in the year when issued. Other than annual licenses shall expire at midnight on the date specified in the license. 110.16 License Fees. The fee for every such license shall be established by the resolution of the City Council. 110.17 Penalt . Any person who violates any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. 0 f MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 265-89 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL/DENIAL OF MOUNDS VIEW SQUARE PROPOSED REZONING, CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE PERMIT FOR A HARDEE'S CONVENIENCE FOOD RESTAURANT, PLANNING CASE NO. 276-89 WHEREAS, the Planning Commission has reviewed the requested rezoning from B-4 to B-3 Conditional Use Permit/Planned Unit Development and Conditional Use Permit for the convenience food restaurant to be located at the Mounds View Square Shopping Center site (PIN 07-30-23- 11-O001). WHEREAS, the Planning Commission has reviewed the proposed rezoning request as a separate issue from the site development plans, and WHEREAS, the Planning Commission has reviewed the criteria for all proposed rezonings; and WHEREAS, the Planning Commission has determined that the proposed rezoning is/is not in conformance with the Comprehensive Plan; and WHEREAS, the Planning Commission has determined that the proposed rezoning will/will not have an impact on the surrounding properties, and WHEREAS, the Planning Commission has reviewed the geographical area involved; and WHEREAS, the Planning Commission has determined the proposed use will/will not tend to or actually depreciate the area in which it is proposed; and WHEREAS, the Planning Commission has taken into consideration the character of the surrounding area; and WHEREAS, the Planning Commission has determined that the applicant has/has not demonstrated a need for such use; and WHEREAS, the Planning Commission has reviewed the requested Conditional Use Permit/Planned Unit Development to allow for the addition of another principal building on this site; and WHEREAS, the Planning Commission has also revie::cd the Conditional Use Permit for the convenience food restaurant and the proposed development site plans associated with the new structure; and ti- RESOLUTION NO. 265-89 PAGE TWO WHEREAS, the Planning Commission has also reviewed the Conditional Use Permit for the convenience food restaurant with drive -through facilities and the proposed development site plans associated With the new structure; and WHEREAS, the Planning Commission has reviewed the parking and circulation for the entire Mounds View Square Center site and has determined that the site plan provides 503 parking spaces when 537 parking spaces are required for a shortage of 34 parking spaces; and WHEREAS the Planning Commission has determined that they approve of waiving of the installation of 34 additional parking stalls as permitted with a CUP/PUD district; and WHEREAS, the Planning Commission has reviewed the traffic and parking study done by Benshoof and Associates; and WHEREAS, the Planning Commission has reviewed the and parking City Engineer's memo regarding the traffic study; and �J WHEREAS, the Planning Commission is in Benshoof's traffic agreement with the City Engineer's and and parking study; and WHEREAS, the Planning Commission has reviewed the September 15th and City Forester's recommendations dated and agrees with the proposed recommendations; WHEREAS, the Planning Commission has reviewed the the City proposed sign request which is in conformance with it is acceptable. sign code and determines that NOW, THEREFORE, BE IT RESOLVED that the Planning approval of the Commission recommends to the City Council B-3, the conceptual requested rezoning from B-4 to Permit/Planned Unit Development and the Conditional Use Conditional Use Permit for the convenience food restaurant with drive -through facilities contingent upon: 1. The developer enter into and sign a development agreement with the City. se as a result cessive 2 be outdoor menu ofere theshall drivenot tthroughxrestaurantti board. 3. All requirements of the City Forester dated September 15, 1989 are complied with. p RESOLUTION NO. 265-89 PAGE THREE 4. Requirements of the City Engineer outlined in two memos both dated September 13, 1989 are complied with. 5. After an operational period of one year, the hours of operation will be subject to review.QN 6. A permit from the Minnesota Department of Transportation is obtained for the land- scaping shown on the state highway property. 7. The site is maintained. BE IT FURTHER RESOLVED that the Planning Commission directs staff to forward this recommendation to the City Council prior to the approval of the minutes. Adopted this 20th day of September, 1989. I ATTEST: Chairm— an C(SEAL) City Planner 11 J0 - MEMORANDUM Al'I'L., 7 Memo To :Mayor and City Council Members From :Ric Minetor, City Engineer/Director o� Works Date :September 18, 1989 Subject :Intermittent Lead Man Proposal Discussion with Employees and Union Representative Council and Staff began discussing alternatives to the existing maintenance service in an effort to improve the delivery of maintenance services in City Parks and other areas of concern. The initial step was establishing maintenance standards for various activities. In addition, discussion of improving pride in the job, responsibility, and generally better quality ed discussion of the possibility of a Parks Foreman, designated Lead Worker, or intermittent Lead Worker. We determined that the intermittent Lead Worker would be the most appropriate option at this time. A lead worker would be assigned when the complexity of operations and number of employees would require coordination of activities to insure efficiency and thoroughness. The lead worker would be responsible to 'check out' the job site at the end of the shift or project and to report any additional needs in the area. The concept of 'intermittent' assignments allows us the flexibility to assign those individuals with unique qualifications to jobs requiring kills. I also insures that the asignment is rotated causing those employees to consider the overall job. We would hope this and Clittleethings d timprooe pri s de in nowork rlook 4 observance of those Staff developed a concept proposal and met with the employees and their union representative on September filth. We discussed the concept of an intermittent lead man and asked for their comments. They raised a number of issues including how selection wouldman, the be handled, the amount of differential pay for the need for a job description, and why we feel it is necessary. We explained our thoughts that the lead man would not "supervise" employees, but merely coordquality, thoroughness, andactivities for hconsistency. of ensuring efficiency, quality, Projects needing a lead man would be determined by the Public Works Foreman, and assignments wuld be by him, based on needed o skills, experience and abilities. Types of projects which a lead man might be assigned would einclude major work efforts ing and involving Q3 a number of employ etc.) where coordination pathway construction, street patching, of activities is necessary, or work locations where a number of different activities are going on simultaneously and coordination is necessary to 'stay out of each other's way' and to insure everything gets done. The employees indicated the desire that a list be maintained of people eligible to be lead man, that no one be forced to accept the lead man assignment, that there be input from them as to when a lead man was needed, and that the differential pay be included in contract negotiations. A few of our employees expressed an opinion after the meeting that they felt there was not a need for a lead man, that everyone should be striving for high quality work at all times and should take responsibility for their work and for working together. If we decide it is appropriate to establish the Lead Man concept, our current thoughts are that the differential pay would be between $0.35 and $0.60 per hour; but this would be an item of contract negotiation. we also feel that approximately 1,000 to 1,500 hours per year would be involved in this status. I would propose an increase in the 1990 budget of $1,000 to cover this classification. Additional ideas include the use of inspection checklists for parks maintenance, activity checklists, and one of the summer parks temporaries being an older or more mature person to supervise the other seasonal parks employees. This latter idea �, would require greater pay to attract a qualified person. r (E.oRANDUM Memo To :Mayor and City Council Members From :Ric Minetor, City Engineer/Directorof lic Works Date :September 22, 1989 0 Subject :Bike Trail Request on old Highway 8 I have received Ramsey Conty's response to the request for a bike lane or path along old Highway 8 (attached). The county is indicating that the reconstruction of old Highway 8 is sceduled for 1994 and that we are the responsible agency for initiating construction of a bicycle facility. I would recommend that we consider the construction of a bicycle facility in conjunction with the reconstruction of Old Highway S. Further, I recommend that the issue of continuation of this proposed bicycle facility be considered at the same time. The ending f t seem appropriate, 1eand cthe econtinuation twould tbeRneeded oad H would o from asafety point of view. Ramsey County Department of Public Works,, Kenneth E. Welt:in ® 350 St. Peter Street Count E'w a Paul L. Klrkwold Suite 270 Saint Paul. Minnesota 55102 �" y Dmim and (612) 2984127 RAMSEVCOUNTY <' ' A,41101 Caenly Eni)` a lf September 8, 1989 T1 rf \\fL G,CV• ..�•u Mr. Don McNamara 5551 St. Stephen Street Mounds view, Minnesota 55112 Dear Mr. McNamara: t 14, 1989, regarding the Thank you for your letter of Augus construction oofta bicycle New ilane er..or det schedwpborderltoeTrank Old ath Highway Highway 10. In response to your concern over the need for improvements to 8, better accommodate bicycles aCapitallong 1improvements section fProgram old 9(CIP). l�rart we have reviewed our 1989mai Cap' p ro ects The Cip identifies which maintenance and ethree-yconstructear time frame are scheduled to be implemented wi thin this of Old of the prog icategory of the CIP. Highway 8 is listed in the non-programmedro rammed schedule, As projects are completed �� enterthe thethree-year schedule based non -programmed projects .•= priorities and on their priority score. Based on existing current funding levels, this section of Old Highway 8 could be reconstructed in 1994. Due to the fact that this earseCtion Ramseyfcountyroadway willcould notbschedule any reconstructed in four y major improvements for this seccesumed ion of �hatHthewreconstructed shoulder improvements. it is p roadway would accommodate four lanes of Ramsey county commensurate the improved roadway to the south. Ramsey Y the constructioncyof Mounds View at the time old Hihway 8 is ofa bicycle lane or detached path if grequested to do so by the scheduled for reconstruction. The City of Mounds View is the agency responsible for initiating the construction of a bicycle facfor the ility along this section of Old Highway 8. They are responsible maintenance ooftthe fthe cost, bicycle toand in the case of the path, facility. _1z?J . I hope I have adequately addressed construction of a bicycle facility the New Brighton/Mounds View Border Please contact me at 298-4127'if I to you. Sincerely, KennethEWelt zfn, P.E. Director and County Engineer TM your concerns over tua adjacent to old Highway 8 from to Trunk Highway 10. can be of further assistance MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK-ADMINISTRATO DATE: SEPTEMBER 22 1989 4 SUBJECT: CITY SURVEY As you requested, I contacted Dr. William Morris of Decision Resources, Ltd. regarding performing a full survey of the City, such as was done in March of 1988 but with more effort towards focusing on specific issues such as recycling/ organized collection and development of the Silver View Park Master Plan. As you may recall, the 1988 survey consisted of 117 questions with a total of 402 randomly selected residents being surveyed by phone. The total cost of this survey was $6,600. Dr. Morris has indicated that his current rates are $5,500 for the first 60 questions with $75.00 for each additional question thereafter. Dr. Morris also indicated that at no additional cost his firm would perform a comparative analysis between the 1988 survey and the one you are currently considering to allow us to track community demographics and attitudes. Once you have decided the timeframe of this survey based upon the 1990 budget process I would like to ask that you provide me with some specific direction regarding the types Of issues you would like to have surveyed and any specific questions you might have asked. As was done for the 1988 survey, I will then ask Dr. Morris and members of city staff to develop questions based upon the issues identified and present to you a proposed survey for your review, comment and editorialization. I hope this information adequately responds to your initial direction and begins to prepare you for the next City survey. DFP/MJS