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10-14-2015 Council Packet
AGENDA LITTLE CANADA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OCTOBER 14, 2015 CALL TO ORDER - Workshop Meeting — 6:00 p.m. Roll Call 1. Transition Planning — Parks & Recreation Department Adjourn CALL TO ORDER — Regular Meeting — City Council — 7:30 p.m. Roll Call Mayor Mr. John Keis Council Member Mr. Rick Montour Council Member Mr. Michael McGraw Council Member Mr. Tom Fischer Council Member Mr. Christian Torkelson City Administrator Mr. Joel Hanson City Attorney Mr. Patrick Kelly City Planner Mr. Steve Grittman Cable TV Producer Mr. Kevin Helander City Clerk Ms. Kathy Glanzer APPROVAL OF THE MINUTES September 23, 2015 Regular Council Meeting September 23, 2015 Closed Council Meeting October 6, 2015 Special Council Meeting ANNOUNCEMENTS **This agenda is subject to change by additions and deletions.** AGENDA CITY COUNCIL OCTOBER 14, 2015 PUBLIC HEARINGS 2. Rezoning from Public (P) District to Planned Unit Development (PUD) District for usage as a multi -tenant industrial building and PUD Permits for outdoor storage for all or some of the tenants — 3100 Country Drive — Jim Schwalbach PRESENTATION 3. Request for Liquor License — Sale of Brady's on Rice Street — Linda and Troy Natus 4. Request to Amend Code to add an On -Sale Liquor License — El Sombrero Mexican Restaurant CONSENT AGENDA 5. Approval of the Vouchers 6. Approval of Subscriber Agreement for MN Court Data Services 7. Call for Workshop Meeting on Concept Redevelopment for Former Bally's Property STAFF & CONSULTANT REPORTS City Attorney 8. Amendment to Conceal & Discharge Ordinance City Administrator 9. Approval of City Clerk Employment Contract 10. County Road B-2 Railroad Median 11. Purchase Agreement for 30 Little Canada Road 12. Development Agreement — 2955 & 2957 Arcade Street 13. Call for Public Hearing to Consider Granting a Cable Franchise to Century Link 2 AGENDA CITY COUNCIL OCTOBER 14, 2015 DEPARTMENT REPORTS Economic Development/City Council Public Safety/Gaming Public Works Building/Zoning/Code Enforcement Parks & Recreation Adjourn 3 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.ci.little-canada.nm.us MEMORANDUM TO: Mayor Keis & Members of the City Council Parks & Recreation Commission Jon Joriman, LC Recreation Association Parks & Recreation Staff FROM: Joel Hanson, City Administrator DATE: October 9, 2015 RE: Parks & Recreation Committee — 1St NIeeting MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson ADMINISTRATOR Joel R. Hanson The first meeting of the Park & Recreation Committee consisting of the entire City Council, the entire Parks & Recreation Commission, Jon Joriman, President of LCRA and possibly another member of LCRA, and our Parks &. Recreation Staff is scheduled to meet at 6:00 p.m. Wednesday, October 14t1i at City Hall. Attached is the outline of the Committee Make-up, Information to be provided, and Committee Focus (Attachment A). From my discussions with the City Council, it would seem we have two areas to focus on. The first is staffing decisions for 2016. The Council is dealing with some budget pressure and a reduction in Recreation Staff is one of the options they are considering. Here were the levy reduction options provided to the Council for their consideration: • Reduce administrative costs in the Parks & Recreation Department. The Parks & Recreation Director has indicated hours could be reduced for the Assistants position, maybe as much as a'h time equivalent. If we were to do that, the savings would be about $30,750. Effectively, this eliminates one assistant position (keep in mind one is an employee and one is a contractor). The reduction amount is based on the assistants being budgeted at about 18.5 hours per week. • Another option would be to reduce the full-time director's position to t/ time. The rationale for doing so relates to the fact that the Assistants are the primary deliverers of programming services. When you consider that registrations have dropped by over by over 45% from 2006 through 2014 and that the Director has indicated he "won't be here much longer" given his ability to retire, it would seem that for the long tern benefit of the program, cutting the assistants' position • would cause us an even great loss of institutional knowledge and experience, If we were to reduce the Director's position to Y2 time, the salary and related benefit savings would total about $47,000. Obviously, this option merits discussion relative to the future direction of the program. • If the Park & Recreation Director's position were reduced to 1/2 time status, the position would not be eligible for health insurance benefits under the City' Personnel Policy. That would save about $11,800. A decision on this issue needs to be made yet this fall for 2016 budgeting purposes. It should also be noted that it is assumed that a reduction in staffing can be made without negatively impacting current programming by the department. The second involves the future or recreation programming. Is it feasible for us to add other programs for youth, adults, and seniors? How do we market ourselves? Are there partnerships we can develop or expand upon to increase opportunities in Little Canada? The answers to these questions will likely determine future staffing needs, but it will take time to develop these answers, Based on the outline attached, the following indicates the status of the information to be provided: • Per Capita Cost of Recreation Budgets/Admin. — The goal here was to provide some comparative data from cities with similar programs, We have been looking at Arden Hills, Falcon Heights, Mendota heights, and Vadnais Heights. The problem we are experiencing is the accessibility of that type of information from other communities. Staff will continue to pursue it and may have some data to look at Wednesday night, • Per Registrant cost of Recreation Programs -- Same situation as noted above. • Staffing Duties per Position — (Attachment 13). • Current Programs Offered -- (Attachment C). • Program Offerings/Report from surrounding, similar cities — (Attachment D). • Listing of Available Facilities -- (Attachment E). • Current Collaboration Efforts — (Attachment F). • Maplewood Parks & Recreation Study -- here are the links: Executive Summary — (Attachment G) Complete Report - http://maplewoodmn,gov/DocumentCenter/View/10956 Draft Master Plan — Work Session Review - http://maplewoodmn.gov/DoeumentCenterNiew/11873 Parks System Plan — Additional Report — http://nlaplowoodmn,gov/DoeumentConter/View/11874 • Registrant Data versus School Enrollments — (Attachment FI). • Minnesota Parks & Recreation Data — We did not include anything as it didn't seem pertinent to our situation and it was from 2011. The Committee may want additional information to aid in their review/decision making process, Staff will attempt to accommodate those requests. Attachment A PARK AND RECREATION COMMITTEE Committee Members: City Council - All Parks & Recreation Commission - All Little Canada Recreation Association — President and possibility for another representative at their choosing Parks & Recreation Director Parks & Recreation Program Assistants City Administrator Information to be provided for Committee review: Per capita cost of recreation budgets/admin,; Per registrant cost of recreation programs; Current programs offered — Little Canada; Program offerings information/report from surrounding cities; Staffing duties per position, i.e. Director, two program assistants, administrative support; Listing of available facilities, i,e, fields, gyms, Old Fire Hall, etc. Current collaboration with Cities of Maplewood, Roseville, School District, Community Education, Other; Maplewood Parks & Recreation Study; Registrant Data versus School District Enrollment; MN Parks & Recreation Association Data Committee Tasks/Focus: Fostering Community Pride/Civic Engagement; Viability of current program offerings; Potential new program offerings; Program fees; Department staffing levels; Additional collaboration possibilities with other cities/agencies/organizations, etc, Promotion of programs; Other, Attachment B 3. HISTORY OF THE DEPARTMENT The Parks and Recreation "Department" began with the LCRA offerings of a youth baseball program in 1957. They expanded on the program offerings over the next eight years to include girl's softball, firearm safety, and "Knothole Day", to see the Minnesota Twins play at Metropolitan Stadium. In 1965 the city became involved in assisting the LCRA by funding the position of Recreation Director with the hiring of Morris Jesperson. The LCRA continued collecting registration fees for youth programs and funding them with supplemental funding from their various fundraisers. In 1969, Jesperson resigned and was replaced by Dick Boss. Soon after, Larry Saiko was hired as Assistant Director to help coordinate the growing number of participants and programs. In 1973, due to increasing demands for girl's activities, an additional Assistant Director was hired to coordinate those programs. In 1974, the Village established a Parks Committee to look into establishing a park in Little Canada. That resulted in the dedication of Spooner Park in 1976, and the aquisition of additional park land which currently encompasses approximately 100 acres. In 1979, Dick Boss retired and was replaced by Larry Saiko as Director of Parks and Recreation. In 1979, Saiko retired and was replaced by Jim Morelan. For the next 13 years, there were several changeovers in the two Assistant Director positions. In 1992, Jim Morelan was hired on a full-time basis as the city's first full-time Director. Little has changed relating to administrative staffing of the Parks and Recreation Department since that time. Additional department history has best been documented on the LCRA website, or in the booklet they produced for their 50th anniversary in 2012. The LCRA continues to be an integral partner with the city Parks and Recreation Department with its' financial support and programming ideas. They currently provide youth fee subsidies of 25% of actual costs along with any needed scholarships approved by the Parks and Recreation Department. That amount had ranged between $5,000 and $8,000 in recent years. LCRA also contributes to the Parks and Recreation Department on an annual basis, by providing an annual appreciation party for all of the Department's volunteer coaches as well as coach uniform shirts and team pictures for coaches. "..\k" 4, SUMMARY OF JOB DIMES: PROVIDE YOUTH TEAM ACTIVITIES: T -Ball, Pop -Up, Baseball, Softball, Soccer, Volleyball, Basketball, and Floor Hockey. kD2. 0.'<3. 7 4. 5. P D6. D Hire and train officials. Find and solicit volunteer coaches. Coordinate with Little Canada coaches, visiting team coaches, and video support team on videotaping games. Determine field and gym availability and set schedules for practices and games. Work with neighboring communities to place participants when a team is full or insufficient registrants. Schedule team photos with photographer and coaches. 1� D 7. Purchase and Distribute LCRA Coaches shirts to coaches and assistants, (T)4 D8. Meet with other cities and associations that we interact with to set rules of play and schedules. 79. Schedule batting cage use. tn, D10, Schedule and chaperone the LCRA bus trips for participants of the Parks and Recreation Department programs, (Twins, Timberwolves, and Gophers). PROVIDE YOUTH NON -TEAM ACTIVITIES: Archery Lessons, After School Basketball, After School Tennis, Basketball Clinic, Firearm Safety, Gymnastics (Fall & Winter), Skating Lessons, Soccer Clinic, Fishing Clinic. ,k) 1. Coordinate with Bwana Archery Center and the DNR for Archery Lessons and Firearm Safety, (T"< b2. Solicit and hire instructors for these programs. ib 3. Purchase and distribute "staff shirts" to program instructors, GENERAL YOUTH ACTIVITY COORDINATION: 17'k ( l. Make registration decisions on registration cutoff numbers and dates, Decide if participant would be allowed to play outside of the set age guidelines. CT 2. Discuss scholarship requests from parents and approve as needed. 7, 23. Take and return calls and emails from parents regarding questions about programs. /.44. Order and issue equipment and uniforms. Repair and replace as necessary. (75, Coordinate with St. John's School, Little Canada School and District 623 on facility use requests. 176. Approve and coordinate issuance of park shelter and Old Fire Hall permits to teams for meetings and post season team events, (77. Invoice the LCRA for youth activity fee subsidies and scholarships, 1",�f,08. Perform background checks on all youth coaches and instructors, b 9. Provide concussion training to all youth coaches and instructors. ADULT ACTIVITIES: Senior Morning Talks, Adult Softball, Driver Safety Course, Senior Exercise, Adult Volleyball, Adult Open Basketball, Community Bus Trips (Twins, Wild, Saints, Timberwolves) LTA 1. Plan topics and attend Senior Morning Talks. 7) 2. Hire officials for adult softball, .07D 3. Conduct softball managers meeting. k 4. Work with the different Minnesota teams for scheduling a community bus trip, 5. Schedule buses, chaperone, and purchase door prizes for Community Trips. tri< 6, Recruit speakers for Senior Morning Talks. 0.7‹ 7. Work with AARP and volunteer instructors on the Driver Safety Course. GENERAL ACTIVITY COORDINATION: 7 1. 0'%{2. 1703. 4. d-5. �` 6. 0" 8. Set league and participation fees. Obtain field and gym use permits. Publicize activities via flyers distributed to schools, city cable channel, website, Le Petit, District 623 brochure, and email. Schedule outdoor skating rink use. Update weather hotline with cancellation notices. Schedule and cancel outdoor field lighting. Negotiate field use fees by other entities for leagues and tournaments. (Sunday Church Softball League, Roseville Youth Baseball, Maplewood Athletic Association Baseball, Maplewood Parks and Recreation Softball, Tuesday, Thursday and Friday Adult Softball, High School Soccer, Tri -County Fast Pitch, Roseville Fast Pitch and MRPA) Schedule and invoice field use for games by outside leagues. (Roseville Youth Baseball, NSSA, Maplewood Athletic Association Baseball, High Schools). MISCELLANEOUS ACTIVITIES: iTh 1. Ice cream social 2. Farmers' Market 3. Arbor Day Celebration ,'"4. Approve rentals and coordinate Old Fire Hall cleaning • Schedule sheriffs to monitor rules and compliance of renters • Based upon reports from sheriff and custodian determine return of damage deposit • Notify and discuss withheld damage deposits with renters r 5. Outdoor skating rink facilities • Hire rink supervisor • Schedule rink hours 7 6. Plan and coordinate construction of new park buildings and facilities. ,t< 7. Hire, supervise and schedule building aide for Little Canada School. V"'8. Approve and schedule park shelter and trail usage for non profit entities: Local Scout Troops Susan G Komen 3 Day Cancer Walk P&R Department Sports Teams Miscellaneous duties: /TOL Solicit donations from the LCRA, Chevrolet and local businesses IT 2. Set agenda for monthly staff meetings. 0-3. Hire, supervise, and schedule building cleaner at the Old Fire Hall. (T. 4. Oversee concessionaire at Pioneer Park, 0" 5. Attend Little Canada Parks and Recreation Commission Meetings and prepare agenda with commission chair, 6. Attend outside networking and training meetings. /7"1 • MRPA roundtable discussions /7-1- • MRPA conference J" k • Ramsey County Active Living • 623 Community Education } • MN Farmers' Market Conference 0-4<b7. Attend LCRA monthly meeting to report Parks and Recreation Department activity and to foster continued support, 178. Coordinate donations from the public (benches, trees, etc,), and select sites, species, etc. based on Parks Master Plan and input from Parks and Recreation Commission. 13-4<t) 9. Participate in City capital improvement budget planning meetings and provide ideas and input for future capital projects related to Parks and Recreation. 7 10, Attend City safety committee meetings E" 11. Act as City liaison to LCRA to provide facilities and staff support for LCRA events and fundraisers, (Softball tournaments, Canadian Days, Ice fishing Tournament, Children's Skating Party, Kickball Tournament, Halloween Dance, etc.). 3-12. Attend Le Petit newsletter meetings. 013. Review and approve all park and recreation department invoices and time sheets, Attachment c PROGRAMS OFFERED CURRENTLY: T -Ball, Slow Pitch Softball, Basketball League, After School Tennis, Pop-up Baseball, Soccer League, Fall and Winter Gymnastics, Floor Hockey, Baseball, Tennis Lessons, Volleyball League, Skating Lessons, Basketball Clinic, Soccer Clinic, Archery Lessons, After School Basketball, Firearm Safety, Fishing Clinic, Adult Softball, Marketplace Morning Talks, Drivers Safety, Adult Open Volleyball, Adult Open Basketball, Senior Exercise, Fitness in the Park, Dodgeball, Bus Trips to the Twins, Wild, Timberwolves, and Saints, Attachment D Park Programs in Cities with a Population between 5,000 and 15,000 (The activities listed are the most complete list of programs the city offers that I could gather) Falcon Heights: 5,491 Registration fees are through PayPal only Prices vary between resident and non-resident Age groups shown are the total that can participate the ages are then split up into different levels With a smaller population Falcon Heights has to be creative about advertising. One way they can do this is by using social media. Only a few activities are offered during school year most of there take place in the summer during the work clay i.e. 9:00 ate - 12 noon (See packet for more information) Out of the 40 programs offered this summer (this includes classes scheduled at different times) 32 were offered. In order to minimize cancellations the City focuses on the cost versus revenue of the program and tries to combine classes offered at different times. The City also keeps a very low staff to student ratio for these programs. For very young children the ratio is 3 children to 1 adult. As children get older the ration gets to be about 8 to 1. In order to be able to offer scholarships to students the City asks businesses to donate. They also put a donation line on registration forms for scholarships. Pee Wee Sports Sampler Age 4 — 5 $45-49 Mini Soccer • Age 3 — 4 $45-49 Little Kicker Kickball & Soccer Age 4 -- 8 $50-55 Coach/Pitch Age 4- 5 $45-49 Blastball Age 3 — 4 $45-49 Golf (SNAG) Starting New at Golf Age 5 -- 8 $79-84 Cross Country Age 6 —15 $50-57 Flag Football Camp Age 6 —12 $ 79-84 Lacrosse Camp Age 6 —12 $55-62 Pee Wee Tennis Age 5 — 7 $50-55 Tennis Age 8 — 9 $50-55 Private Tennis Lessons Age Any? $120 (6 lessons) Tennis with the Family Age 6 — adult $50 per family Tennis Camps Age 5 —10 $60-66 Tae Kwon Do (FALL)Age 6 -- Adult $55-62 Tennis (Different Season & Age group) (FALL) , Age 5 —11 $30-36 Soccer (FALL) Age 3 — 8 $30-36 1 Marvelously Messy Art Age 3 — 8 $45-49 Sustainable Art Camp Age 10 —16 $85-92 Lego Camp Age 7 —12 $155-165 Build your own Boat Age 10 —13 $160-170 Superhero/Princess Theater Camp Age 4 — 7 $55-62 The Great Adventure Camp Age 6 --12 $115-122 Summer Discovery Playground Age 4 — 12 Cost depends on 1/2 or full day $130- 284 Summer Survival School with the Police and Fire Department $30 Annual Ice. Cream Social Movie in the Park Parent's Night out (Babysitting for an evening) 5k Family Run/Walk 2 Vadnals Heights: 12,483 Prices vary between resident and non-resident Age groups shown are the total that can participate the ages are then split up into different levels Included below are sports that are offered directly through the City of Vadnais Heights not through the school district or the Vadnais Heights Sports Center (Ramsey County runs the sports Center) Outdoor Soccer League Age 4 —10 Grades 1 — 5 $45-55 $45-55 Flag Football league Basketball League Grades 1— 5 $45-55 Floor Hockey Class Age 4 —10 $35-45 Hop N' Tots (Dance) (Summer and Winter) Age 2,5 — 3 Age 4 — 5 $93-103 $93-103 Creative Dance (Summer and Winter) KinderDance (Summer and Winter) Age 5 — 6 $93-103 Intermediate Dance (Summer and Winter) Grade 1 — 2 $93-103 Tap, Jazz & Ballet -- Level 1 (Summer and Winter) Grade 3 — 5 $93-103 Tap, Jazz & Ballet — Level 2 (Summer and Winter) Grade 6 -- 8 $93-103 Yoga (Summer and Winter) Age 13 + $60-7Q Fall Adult Open Gym $5doo T -Ball Coach. Pitch League Age 4 -- 7 $45-50 Outdoor Soccer league (Summer) Age 4 —10 $45-50 Lacrosse Class Grade 1— 5 $35-40 Munchkin Tennis Program Age 5 — 6 Age 5 — 6 $35-40 $35-40 Youth Tennis Program PJ's With Santa $10 per family $20 family non- resident Park and Rec Day in the Park and Rotary Club Ice Cream Social Little Critters Summer Playground Program Age 3 — 5 $94-140 Lager Beavers Summer Playground Program Grade K — 5 $124-186 3 Arden hills: 9,704 Prices vary between resident and non-resident Age groups shown are the total that can participate the ages are then split up into different levels The City decides to cancel classes based on a limit that they set up before registration begins they call it a Go Limit To avoid cancelling classes, the same activities offered at different times are combined Classes range from 5 to 20 participants Additional classes are held at Island Lake Elementary, these classes are offered through Shoreview Parks and Recreation as well as Arden Hills (these classes are not included in the list) Additional Classes are held through Mounds View School District (these classes are not included in the list) Bubble Soccer' Age 12 — Adult $10/person (1 day event) Fall Co-Rec Soccer Age 4 —12 ? Flag Football Leagues Grade K - 8 ? Little Strikers Bowling Camp (Spring and Fall) Age 5 — 10 $40 Sports Skills Camp (Hoops and hotshots) Grade K — 5 $45-55 Sports Skills Caunp (Sports Sampler) Age 4 — 6 $45-50 After School Programs (Board Game Creation) Age 2 — 5 $45 After School Programs (Science Explorer Class) Grades 1 - 5 $65 After School Programs (Photography/Painting) Grade K - 5 $45 Before or After School Programs (Soccer) FALL Grade 1 — 3 $45 Before or After School Programs (Basketball) Grade 1 — 3• $45 After School Programs (Wrestling League) Grade K — 5 $45 After School Programs (Sports Games) Age 4 — K $45 Before or After School Programs (Soccer) SPRING Grade 1 — 3 ? Before or After School Programs (Baseball/Soccer) Grade 2 — 5 $40 Before or After School Programs (Baseball) Grade 1 — 3 $40 After School Programs (Photography) Grade 2 — 5 $45 After School Programs (Clay Play) Grade 1 -- 5 $40 Volleyball Leagues Grade 4 — 8 $52-62 Preschool Soccer/T-Ball Mini Cainp Age 4 — 6 $40-45 Preschool Basketball Age 4 — 6 $40.45 Preschool Soccer Age 4 -- 6 $40-45 T -Ball & Baseball Leagues (Co-Rec) Age 4 to Grade 3 $52-62 (late fee of $10) Co-Rec Soccer Leagues Age 4 to Grade 6 $52-62 NFL Flag Football Leagues (Co-Rec) Includes NFL Jersey Grade K - 8 $72-82 Pee Wee Tennis Group Lessons Age 4 — 7 $35-40 Youth Tennis Group Lessons Age 7 —14 $45-50 USA Team Tennis (Junior Teain) Age 10 --14 $80-85 Private Tennis Lessons (Adult/Youth) 2 Sessions Age 3 --12 $65-70 Adult Tennis Group Lessons Age 16 and up $50-55 Golf Lessons Age 9 and up Grade 2 -- 5 $70-75 $38 Before School Dodgeball Grade K — 5 $15 Gingerbread Houses Ice Skating Clinic Age 4 and up $32 — 37 Ice Skating Lessons Age 4 and up $40-45 Co -Ree Hockey Skills Grade K — 3 $40-45 Tyke Time Playground Program Age 3 — 5 $80-85 Mini Kids Club Playground Program Age 6 ---12 $80-85 Kids Club Playground Program Age 6 —12 $90-95 Hot Summer Fun (Friday Field Trips) Can go to Valleyfair, Waterpark of America, Flaherty's Bowling, Target Field Tour w/ Batting Cages, Cascade Bay Age 6 and up Varies Friday Art Camp Age 5 --12 $30-35 Robotic Builders: Sports & Adventure (Spring evening class) Grade K -- 4 $52-57 Robotics: Star Wars Droid Builder (Spring evening class) Grade 1— 4 $52-57 Advanced Minecrafting: Using Mods, Redstone & Textures (Summer Camp) Grade 1-- 5 $140-145 Engineering Extreme Lego Machines Grade 4 — 8 $140-145 Spooktacular Craft Class Grade K — 5 ? Boo Bash Age 3 --12 $10/ person Spring Egg Hunt Age 1--12 $7 Penny Carnival July 24th $176 for parent and child $99 for each additional child At least 8 mos, Holiday Gift Making Class Grade K — 5 $15 Gingerbread Houses Grade K — 5 $15 Letter from Santa $4 Breakfast with Santa Age 3 — 10 $15 per parent child combo $5 each addition person Hop `n' Tots Creative Dance with Tap Age 3 — 4 $70-80 Creative Dance with Tap Age 5 — K $70-80 Tap, Jazz, Ballet Grades 1— 3 $70-80 Family Music Programs $176 for parent and child $99 for each additional child At least 8 mos, 5 Music Together Parent/Child Classes 10 -Week Spring/Summer Course $174 first registered child and family $98 additional siblings 8 months and older At least 8 mos, To 5 years 'The Pirate Fairy Musical Theater Class Age 4 — 8 $65-70 Little Orphan Annie Musical Theater Camp Age 7 —12 $105-110 Frozen Musical Theatre Camp Age 4 — 8 $105-110 6 Chapter 3 Parks and Recreation Plan Attachment E Park System Plan City of Little Canada, Minnesota Table 3-A: Summary of Facilit CU a, Little Canada Elem. School 'ark and co_ Si) It -a- 2 § School O Recreation _,e E a L 0 rc Areas ° o •e.. o: a - v ° o o v cC 2 2008III i 0 Thunder Bay Park } o. a)— .14 ami ( m Baseball/Softball * * * * * Basketball Court * * * * Beach * Bocce Ball Court * Community Rental Space * * * Concessions * Fishing Pier * * Horseshoes Court * * Ice Rink (Outdoor) * * Onsite Parking * * * * * * * Picnic Tables * * * * * * * Play Area * * * * * * * Restroom * * * * * * Skate Park * Shelter * * * Soccer Field * * * * Tennis Court * * * Trails * * * * * * * * * * Volleyball Court * * 3-6 Preliminary Draft: February 27, 2009 Attachment F Little Canada Park & Recreation Collaborative Relationships Maplewood Parks & Recreation: Youth Softball Youth Basketball Youth Volleyball Youth Soccer Youth Baseball (grade 2) Note: LC T -Ball is clone in Rouse (grades k-1) Maplewood Athletic Association: Youth Baseball (grades 6 — 12) Roseville Baseball: Youth Baseball (grades 3, 4, & 5) Roseville Community Ed: Little Canada Programs advertised in their Bi -Annual Brochure Roseville School District — Little Canada Elementary Gym Usage Agreement — Possible Use of Middle School Gym — Ball Field Usage (Middle School for 2 baseball and 1 softball) St. Johns Church of Little Canada — Possible Gym Usage — Ball Field Usage for t -ball & softball DRAFT 1.6. 2015 M Attachment G PARKS & RECREATION SYSTEM PLAN • ANL LA#V\:#41WW Li A great parks and recreation system When people talk about the places they love in a city, parks are typically at the top of the list. Parks are sources of civic identity and pride and are also essential to the physical, economic, environmental, and social health of the City of Maplewood and its residents. Today, the City of Maplewood has an enviable parks and recreation system. The system is known for its leadership in sustainability and diverse recreation options. Fifty parks and preserves anchor neighborhoods and provide places for Community gathering, athletics, and respite, while the Community Center and the Nature Center are hubs for programs. The parks and recreation system is transitioning from a developing system to a mature system, which presents new challenges. At the core of future issues is the need for extensive park revitalization and reinvestment. System -wide replacement of aging park facilities such as playgrounds, courts, fields, shelters, and signage is needed. In addition.. Contributes to a great comn/unity significant reinvestment in the Community Center, Nature Center, and park activity buildings is needed. Updating recreation offerings so the system remains fresh, exciting and relevant in light of changing demographic and recreation trends is also important. Trails are currently high demand facilities that appeal to all ages; climate change and environmental awareness are making sustainability more important than ever before; a more diverse population is creating demand for culturally relevant activities; public expectations for high quality city facilities have steadily risen over time. It is an exciting time for Maplewood's parks and recreation system. The strong foundation of parks, the imminent need for significant revitalization, and changing demographic and recreation trends offers the opportunity to reinvigorate the system for the next generation of Maplewood residents. Parks & Recreation System Plan Summary JANUARY 2015 MAPLEWOOD PARKS & RECREATION System Master Plan Executive Summary 1 The purpose of the Parks and Recreation Master Plan is to guide reinvestment in and reinvigoration of the parks and recreation system for the next generation of Maplewood residents The Master Plan identifies forty-seven recommendations and associated strategies. Recommendations do not include every possible action, but highlight those needed to achieve the future vision. Plan recommendations are organized into 5 topic areas: • parks and recreation facilities • trails • natural areas and greenways • programs • arts and culture 'mon for Parks and Recreation To help create a vibrant community that emb diversity, celebrates arts and culture, values health and wellness, and promotes stewardship of the environment. Safe and Welcoming Parks Connect People and Places Encourage Health and Wellness w► Promote Environmental Stewardship Inspire Creativity and Learning Financial Sustainability 2 I Executive Summary COMMUNITY INPUT A goal of the planning process was to ensure that the plan reflects resident's vision for parks and recreation. To that end, over 800 residents participated in the process during 2013-2014. Community input included: • Guidance from a Parks and Recreation Task Force made up of community members and elected officials who met 16 times during the process • A statistically valid city-wide parks needs assessment survey • On-line input • Eleven community open houses • Outreach to teens • Focus group meetings with topics on arts and culture, environment and natural resources, and athletics • Business community outreach • Input from the Parks and Recreation Commission and City Council PARKS & RECREATION CITIZEN SURVEY To inform the master plan a statically valid survey was conducted during the winter of 2014. The survey gauged residents' attitudes towards supporting improvements to the parks and recreation system with tax dollars. KEY FINDINGS: • 70% of households have visited parks and preserves in the last 12 months. • Walking, hiking and biking trails are the most used amenity (86%).After trails, neighborhood parks are the most needed (61 %). • Residents have unmet needs for a wide variety_ of parks, facilities, and activities. • Developing a new large destination park with city-wide amenities is the most important major addition to the system. • Priority for funding should be for improvements to existing parks, preserves, and trails. • 34% of respondents would vote in favor of a tax to fund the types of projects most important to their household over the next 10 years. Improvements Most Desired at Parks Near Home ResUooms 45"6 Part: security kyhtin3 32% Picnic tables/benches 30", Drinking fountains 2B'; Shack structures 28% Picnic shelter. 27% hlo1ura1 meas Trails Parking Playground equipment Sidewalks Park entrance signs Bike racks Increased accessibility Sand volleyball courts -13"; Spans field li?hung - 10% Basketball courts -lax Tennis cowls Horseshoe pits MEM 7% Pickle ball court ME 4% OIhe1 None chosen JANUARY 2015 MAPLEW00 PARKS & prr'PrAtlt)N System Master Plan Executive Summary 13 Parks and Recreation Facilities Taking care of the existing system is the highest community priority. This means reinvesting in and upgrading parks and facilities. Essential is creation and implementation of an asset management plan. This will allow the City to anticipate and prioritize replacement of recreation facilities at the end of their functional life -cycle. Improving basic amenities such as restrooms in community parks and providing shade, benches, and updated signage in all parks is important for creating welcoming parks. Updating the recreation facility mix to reflect community interests is of utmost importance. Community gardens, a tuj lub court, pickelball, and adding a disc golf course are all examples of newer recreation facilities desired by residents. SIGNATURE PARKS CONCEPT Ensuring that high quality, signature parks are located throughout the city is an important goal for the future. The western and southern portions of the city are already well served by Phalen -Keller Regional Park and Battle Creek Regional Park. To provide signature recreation in the central portion of the city, the plan recommends re -investment in three centrally -located parks and one preserve and linking them with trails. Together, Wakefield Park, Veteran's Memorial Park, Gladstone Savanna Community Preserve, and the City Hall Campus will provide a range of community activities. Each park, however, will retain its own character and have unique focus. Art and sustainable design, construction, and maintenance practices will be integrated throughout. Features • Responds to a key finding from the 2014 Parks & Recreation Citizen Survey that residents want a new, large destination park with city-wide amenities Adds signature features and connects four parks/preserves in the heart of Maplewood Focuses on reinvestment for existing parks/ preserves IRohkrhood Park Gladstone Education Flicek Center Park r John Glenn Middle School Conry ad d E — • Fitness loop featuring outdoor exercise equipment • Bike rental and repair station • Skatepark • Natural resource demonstration areas %.1VIA ,kat tli4.111 114. pis aaaa16a.. jilt% A.1.11l1JJPDifisaa,,11.. tw Gladstone Savanna S Preserve '!Wakefield Park r f -Restored oak savanna •Signature splash pecl • Pavecl walking trails • Picnic grounds/shelters • play equipment 1 • Winter recreation destination - skating, hockey, snowshoeing, sledding • Rentable, multi-purpose building • Stormwater clemonstration and shoreline buffer plantings Gloster Park Legend Sidewalk / trail to be built in 2015 • • Proposed pedestrian/bike connection Existing pedestrian/ bike connection Existing regional trail * • • • u Enhanced landscaping connecting parks Wakefield Lake y City Haa Campus .Maplewood i Community Center testa` GtyHall ,sa951 to` •Amphitheater • Veterans memorial • Playground with universally accessible a play equipment • Picnic shelters • • Restrooms we • Athletic fields Ramsey County Services S' • Veteran's ▪ Memorial Park AI • a Woodland Hills Churdr Parks & Recreation System Plan Summary 4 Executive Summary 71 PEDESTRIAN/BICYCLE NETWORK PRIORITY IMPROVEMENTS Son:at -- Ridge Park w COUNTY ROAD 62 ''''-n—e••••AT7 1- 0 LARPENTEUR AVE E Phalan_ Regional Park 11O-le-etit. Park 'Lookout Wakefield Palk Path n Lions Fakir, Ihal•Cmk Lao Ran Heights Park 7/ Pedestrian/Bicycle Network Priority Improvements n 2013-2016 Project Planned CIP Project (No Time/Funding) Missing Segment Priority Project Corridors Existing Pedestrian/Bicycle Network City Preserve 1111 City Park 1111 Regional/County Park Miles Crestview Park II Mailand Palk. Pack imwoott Applewood Park* ( HIGHWOODAVE Pleasantview Purim 1 JANUARY2O15 MAPLEWOOD PARKS & RECREAlION System Master Plan Executive Summary 1 5 Trails The popularity of trail based activities such as walking and biking continues to grow. Trails bring the park system closer to every resident, offer transportation alternatives, and support a healthy active population. The Master Plan recommends continuing to develop a priority network of north - south and east -west connections throughout the community as well as enhancing connections beyond Maplewood. Priority projects will ma the existing system more functional • completing missing segments. The Nature Center, Natural Areas, and Greenways e, Maplewood residents place a high value on environmental health. The Parks and Recreation and Public Works Departments will continue to exemplify environmental leadership through education, demonstration, design, maintenance and operations in parks and preserves. The city's 15 preserves will continue to be the foundation of the protected open space network. These areas will be the focus of habitat restoration and natural resource management efforts while allowing for some passive recreation. er The Nature Center will continue to be the community hub for environmental stewardship and nature -based programming. 6 I Executive Summary Parks & Recre: e;. System ummary PROPOSED PRESERVE CLASSIFICATIONS =niIITY ROAD C_ _. OGUNTY ROAD 02! 4 tANPENTEUR AVEE Sudaet Rldge7 Pat Hidden Marsh P'esery @reek KOKUnan Creek Preserve: Hselwood Park ">• Fa heYs Corn • Park Lek r_91 Prairie Farm Preserve LTaAr_ Ptarcrest Par, Maplewa, Heights PPLY W pkecrest. Tmut2r... i Pah MPreserve mail Pesetawn Parka Edgerton Park Wester,' Kreswood• Hits Part' Pak Ke/er_- Rgional Park Sherwoal Park d j Hag �� Campus S� r� emmun� ifJ Carder Veteran's &remodel Part eQUPhNEE -gbie too Park Community and Neighborhood Preserves The Master Plan differentiates between Community Preserves and Neighborhood Preserves. Community Preserves are integrated, multi-purpose areas set aside for preserving natural resources, connecting people to nature, and providing educational programming and historic interpretation. Community Preserve master plans will define each preserve's ability to accommodate natural resource-based recreation opportunities such as play areas, sitting areas, picnic shelters, paved trail networks, community gardens, educational programming, and camping. Neighborhood Preserves will continue to be areas set aside for the preservation of natural resources and connect people with nature. Recreation is limited to low impact activities such as nature study/observation, bird/wildlife watching, walking/hiking, and meditation/spiritual reflection. ka Park+ alms Prone g Oa� Pa��t'preserve i' eaa.er creek Preserve ranNm (P,rk,,ca� HaC,�e Cantor sommre Pa_ late bons P a,E Anon Heights Park UPPEAKTOPI Preserves ' a, Existing Preseve Trails Proposed Preserve Trails - Community Preserve - Neighborhood Preserve - City Parks - Regional/County Park Park Service Areas o0 i� 1 1 Miles Crestview Parkes CyF Meilen/ Park Vrsla Park APPlawood ux�oo' Preseryi Appiewood Park i IHGHW000AVE Pteasantvlew Park Carver Presery Fis+ Pfeser.e aMTH ST Il 3 JANUARY 2015 MAPLEWOOD PARKS & RECREATION System Master Plan Executive Summary 17 DRAFT Arts and Culture The arts enhance livability, bring diverse groups of people together, celebrate history and heritage, contribute to economic vitality, enhance learning in classrooms, raise awareness of environmental and social concerns, and bring beauty and meaning to the built environment. e, Maplewood's arts and cultural programming will grow and evolve organically over time. The City will expand partnerships to foster arts, develop arts programs, and integrate arts into infrastructure such as buildin•s bridges, and picnic shelters. Programs Recreation is an essential component of a healthy, vital community. Recreation programs are pursued for enjoyment, health, skill development, enrichment, socialization, entertainment, physical fitness, and relaxation. Dynamic recreation and demographic trends mean programs need to constantly evolve. It is an exciting time for programs in Maplewood. Future recommendations focus on community -building events like 5K runs and concerts, updating multipurpose buildings in parksto bring more programs to neighborhoods, and emphasizing outreach to diverse population groups. Parks & Recreation System Plan Summary 8 I Executive Summary Implementation Realizing Maplewood's vision for parks and recreation will take time, dedication, and additional funding. The City already invests significantly in parks and recreation for both new capital projects and ongoing operations and maintenance. Funding for the system comes from a variety of sources including allocation from the general fund, grants, partnerships, and volunteers. Adequately allocating financial resources for park system reinvestment and reinvention will be essential to realizing plan recommendations. Improvements will not occur overnight, but will be phased over time, dependent on available funding and staff time. If an additional $100 were available for City parks, preserves, trails, and recreation facilities, how respondent households would allocate the funds Improve existing neighborhood & community parks $31 Other Improve / \\ $3 existing preserves $11 Develop new preserves, trails & recreation areas in forest preserves $10 Development fa new facilities $15 Acquisition of open space adjacent to Maplewoocl Nature Center Source: 2014 Parks & Recreation Citizen Survey ss Benefits of the Parks and Recreation Master Plan Road map for system revitalization Defensible rationale for decision-making /y Strategic resource allocation (budgeting and staffing) Fosters strong partnerships Safe and welcoming parks An updated recreation facility mix A more connected city Continued access to nature More relevant programs Integration of the arts into the park v system er Long-term economic sustainability For More Information Please contact the Maplewood Parks Recreation Department 651.249.2120 "t PI !EvO O D =� PARKS & 1t�Pr \i ION System Master Plan Executive Summary 19 EWOOD PARKS & RECREATION Creating Community Through People, Parks and Programs Attachment H 0)a ��o 0 o a o o a !^ c c C °r IX). O N CO r 0 0 v/ d: 6 Lo Q co Lo N: r r W U N E LC Recreation Registrations vs. School Enro al N C c u5 o 75 E O N 'd' co N co r N L() L� O O) CO N CO LO tom• CO t` d d O C9 CO CO L() LC) LO LO LO l() '� 0) W ¢ 2 E vi 0 a) e qt e c 0 C -0 C CD O C) CO I� O ya�dh)� CO O 0) O) C7 CL N 0 CW.: Ni.- dN• co co co co co cN. oo M M C — O O Q C co J N a) -0 >, o°° nc()NN01-v-0)) LO cm2 N N N N N N N `r-• r r = p CO O N o L ca o N }— J _ CO Q3 -"CB .0 r N Cr),CD o\ o 0' o 0 o t7 ) COp(o a) tiS c C 5 O co. Ca lo co Ln 4, a) •C OONr°r°Nm 0 °' O•E 0 a al al 0 Eo)m� co 1 p O d' e- N co. as' LL' a U ti c�J 9 9 i 5,11N c 76 NE ,f,O N a) C 4 ' > CD co 0 f: co W()O 'Ci) 97 d) CN cQLLcnrr� JJ Ln Ln LC) LO 01N a Lt CZ • a) O a) LO a >- Q O r p Q N C N N CO Nom• CO O) 0 r N c`) .14 ►d•) C 0 0 0 0 r r r r r r N M 0 0 0 0 0 0 0 0 0 0 NNNNNNNN N N N (q cU O O Q Z Z Z D L-tt1e uanada 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.cilittle-canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING REZONING & PLANNED UNIT DEVELOPMENT PERMITS MAYOR John Keis COUNCIL Rick Montour Michael McGraw Toni Fischer Christian Torkelson ADMINISTRATOR Joel R. Hanson PROPOSAL: A request for approval of a Rezoning from Public (P) District to Planned Unit Development (PUD) District for usage as a multi -tenant industrial building and Planned Unit Development Permits for outdoor storage for all or some of the tenants. APPLICANT & PROPERTY OWNER: Jim Schwalbach North Heights Hardware, Inc. 2920 Rice Street Little Canada, MN 55117 PROPERTY LOCATION: 3100 Country Drive Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their regular meeting scheduled for Thursday, October 8, 2015. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, October 14, 2015 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, October 8, 2015 and the City Council meeting on Wednesday, October 14, 2015. Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator DEPOSEIT APPUICAi SON City of Little Canada 515 Little Canada Road East - Little Canada, MN 55117-1600 651-766-4029 (Fax 651-766-4048) www.ci.little-canada.mn.us Deposit # /39 vc Applicant's Name Address - Phone # Q eiej / YC kiare. 9,4 o �iGe l�Cv X; ���� 5 / i v Owner's Name AddressPhone # Property Location (street address and legal description, if known) `a) amu, ' Drive 1 t' 6.1,1,- / S: -_s1( Description and/or Reason for Request yite ordinance sections, if known): 1d", e . o / 6 Ltt II PfDo ,i1/1'./-4 cr Me b 16H- 4(-- tlt✓e Lt S 4itzzr< ce_ I K 1/?Ad UiPl 4 44,70; l A4 r C , Ito Ie�1,, ©n "0 ./-b e .is'riat' '70 fA 'e ftei` ar 41-e 67-4,4 2w C-41 * `f3 4's o✓e / ?,5 reAhf dic4tXofite c4 lite 41 /A telb( _rill,%¢9c Qmet TU £ to ' t ✓ iC `tr 21 j ACTION REQUESTED (check all that apply) In signing this application, I hereby acknowledge that I have read and fully understand the Architectural Review I applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the city pertaining to additional applica ion expense. yJ� �, j �,� Concept Review Conditional Use Permit Final Plat Planned Unit Development — 1Prehrntnary Plat I _ _ . -_ _....... _gee) Signature of Applicant, if not Property Owner .....---11--- 4 -'711 -••••/(--Subdivision Signature of Property Owner 1�L —l' Text Amendment Variance Date Zoning District Arrtendraent - Other: To: City of Little Canada Planning Commission Re: 3100 Country Drive PUD application Dear Planning Commission members, We plan on using this property much the same way It has been used in the past. We have a need for inventory storage of power equipment both in season and off season storage. Our delivery truck and trailers need a secure storage area when not in use. This building and fenced storage area will provide us with this. We purchase some products by the truckload, so having a secure area to store the shrink wrapped pallets will help control theft. The products include mulches, soils, rock, ice melting products, water softener salt, etc. The pallets would be concealed by the cedar fence around the outside storage area. We have been receiving requests from lawn care companies to lease part of the building and some of the outdoor storage area. We are seeking approval to be able to park lawn care equipment trailers in the fenced in area. We are working on the improvement plans for the building and property. Plans include painting the building, staining the fence and landscaping the lawn areas. Sincerely, Jim Schwalbach, owner North Heights Hardware Hank NORTHWEST ASSOCIATED CONSULTANTS, INC, 4600 Olson Memorial Highway, Suite 202, Qolden Valley, MN 66422 Telephone; 763.231.2556 reoalmila; 763,231.2661 pl.annera@naoplanriing.caram MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: October 5, 2015 RE: Little Canada -- Schwalbach/Hardware Hank PUD FILE NO: 758.09 --15.31 Background and Analysis Jim Schwalbach has applied, in conjunction with the City of Little Canada, for a rezoning from Public to PUD, and a PUD Permit to purchase and utilize the former City Public Works Garage as a warehouse/garage and repair shop space in support of his retail site along Rice Street. The applicant also proposes to provide a portion of the property for outdoor storage for their own products, and an additional portion for storage for a lawn - care company, which would be done by Interim Use Permit under the PUD zoning. The current zoning of the property is "P", Public/Semi-Public, reflecting the previous ownership by the City. The nature of the City's use was industrial, including heavy equipment storage, some outdoor storage, and equipment/vehicle repair and maintenance. The applicant indicates that under the PUD zoning, the use of the building and property would not change significantly. The applicant's anticipated use would be consistent with the surrounding industrial property. The surrounding area is dominated by industrial uses under 1-1, Light Industrial, I -P, Industrial Park, and PUD zoning designations. The applicant proposes to make various improvements to the site, including painting the building, staining the fence, and completing landscaping improvements in the lawn areas. The applicant further notes that the outdoor storage would for the applicant's business use would consist primarily of motorized equipment and palletized material that can be moved to the retail site when needed. Storage would occur inside the existing cedar -fenced area to the north of the building. As noted, the applicant proposes to share some of the storage with a lawn care company. This use would be "off-site" outdoor storage, and is allowed in the City's industrial district by Interim Use Permit. As a PUD, this Interim Use will be governed by the PUD permit, but processed according to the requirements of the Interim Use, as listed in the 1-1 zoning district. The standards for such IUPs are as follows: Off Site Outdoor Storage, provided that: 1. Off-site outdoor storage shall require a license in addition to any other business or outdoor storage license required by the City, 2. This interim use permit may not be utilized for the off-site storage of motor vehicles or parts of motor vehicles. 3. The owner of the storage material owns and operates a business (the "operator") in Little Canada zoned I-1, Light -Industrial, or I -P, Industrial Park. 4. The location of the off-site storage is zoned I-1 (the "off-site location"). 5. The storage area meets all of the conditions for outdoor storage listed in Section 914.040.G as if it were accessory to the principal use on the subject parcel, with the exception of 914.040.G.4 of this Ordinance. 6. Both the operator's parcel and the off-site location are found to be in full compliance with all applicable zoning regulations at the time of application, and have had no history of zoning violations in the previous twelve (12) months. 7. The owner of the property and the owner of the storage material execute a development agreement with the City specifying any additional conditions for use and operation of the storage area, including a termination date for the interim use permit not more than five (5) years from the date of approval. The use, because it is allowed in the 1-1 district, is allowed in the PUD district under the same regulations. The applicant has an eligible site, with the understanding that the tenant would be a Little Canada -based business. As noted in the text of the ordinance, the applicant and tenant will need a specific license for the off-site outdoor storage, as well as for the applicant's own outdoor storage, subject to the requirements of the code. For reference, the requirements of 914.040.G. are as follows: G. Open and Outdoor Storage as an accessory use, provided that: 1. The activity of outdoor storage shall require a separate business license issued by the City of Little Canada. 2. The storage area in question occupies an area no greater than sixty (60) percent of the gross square footage of the subject parcel. 3, The storage area shall not occupy any portion of the yard between the front building line and the adjoining public street, or the side building line and public street on a corner lot. 4. The storage is utilized solely by those tenants of the principal building in an amount proportionate to each tenant's occupancy of said principal building. 5. The outdoor storage of equipment or materials, as defined by this Ordinance, must be capable of moving under its own power, stored on a trailer, stored within weather-proof containers, or other storage arrangements as approved by the City Council. Storage of any material directly on the ground when the dimensions of such item are less than three (3) feet in width, length, and height, shall be prohibited wherever the City Council determines that reasonable alternatives exist consistent with this section. 6. When storage or shipping containers are utilized, the following regulations shall apply: a. Containers shall be those manufactured expressly for the purpose of storing and/or shipping materials, b. No container, for the purpose of this ordinance, shall be greater than forty (40) feet in length, eight (8) feet in width, or eight and one half (8.5) feet in height. c. No more than one (1) such container may be allowed for each seven thousand five hundred (7,500) square feet of lot area. d. Containers shall not be stacked or arranged to exceed the eight and one- half (8.5) foot height. e. Containers shall be painted to match or be complementary in color to the principal building, and shall be maintained to avoid rusting or other visible deterioration of the container. f. There shall be no storage of hazardous materials, as defined by the zoning ordinance Section 902 of this Ordinance, within any such container, 7, Outdoor storage areas must be kept in an orderly condition, permitting vehicular access to all materials or equipment. Lanes at least twenty (20) feet in width shall be required to meet this standard. No portion of the outdoor storage shall be more than fifty (50) feet from any access lane or other drive aisle, nor shall it block access to hydrants, fire sprinklers, or other fire-fighting equipment. Except for construction equipment which is stored or parked in its most compact condition, outdoor storage may not exceed eight (8) feet in height as measured from the ground on which it is located, 8. The storage area shall be fenced and fully screened from adjoining non - industrial property, park and trail areas, and public right of way, Where properly fenced and screened, outdoor storage may encroach into the required side or rear yard setback area. Gates may be excluded from this screening requirement as provided for in Section 903.020.0.6, 9. Screening shall consist of masonry walls or fencing constructed of wood or vinyl, as well as landscaping. Metal fencing may be used where landscaping provides a complete year-roundscreen and is irrigated to ensure survivability in compliance with Section 903.020.F (Fences) of this Ordinance. 10. Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure within the rear yard of the property. 11. The storage area shall be paved with asphalt, concrete, or other material approved by the City Council. 12. The storage area shall not occupy any space required for conformity to the parking regulations of the Zoning Ordinance. 13. The property, including buildings and exterior site areas, shall comply with all applicable fire codes. 14. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residential uses, and shall be in compliance with Section 903.020.1 of the Zoning Ordinance. 15. All other provisions and requirements as deemed necessary by the City Council. 16. The applicant complies with the provisions of Section 921 of the Zoning Ordinance,' Summary and Recommendation The proposed rezoning from Public to PUD, Planned Unit Development is consistent with the existing and future surrounding land uses in the area. This is the primary criterion for consideration of rezoning requests. As noted, the nature of the use will not change significantly with the removal of the Public district designation, since the site was used in an industrial manner under City ownership. The outdoor storage component of the proposal is allowed under the PUD designation, with the requirement that the terms applicable to outdoor storage and off-site outdoor storage as found in the zoning ordinance are applied to this property. Interim Use Permits for outdoor storage are commonly considered for periods of 3 years, with some extending beyond this timeframe. This should be identified as a part of the approval, and incorporated into the Development Agreement. Subject to compliance with the terms of the outdoor storage regulations listed in the zoning district, and as referenced in this report, planning staff recommends approval of the rezoning to PUD, and Interim Use Permit for Off-site Outdoor Storage on the subject property. pc: Kathy Glanzer Steve Westerhaus Lee Elfering Jim Schwalbach, North Heights Hardware, 2920 Rice Street, Little Canada MINUTES PLANNING COMMISSION OCTOBER 8, 2015 REZONING, PUD PERMITS, INTERIM USE PERMIT -- 3100 COUNTRY DRIVE — SCHWALBACH Jim Schwalbach, North Heights Hardware, appeared before the Commission requesting a Rezoning of 3100 Country Drive from Public (P) District to Planned Unit Development (PUD) District, PUD Permits for outdoor storage for all or some of the tenants of the property, and an Interim Use Permit for outdoor storage for tenants without a presence in the building. Nick Schwalbach stated that he will be abstaining from the discussion and from voting on the requests before the Commission due to the fact that the applicant is his father and president of the family business. The City Planner reviewed his October 5, 2015 report. He noted that 3100 Country Drive is the site of the City's former Public Works garage. The City has entered into a purchase agreement with Jim Schwalbach for this site, The request is to rezone the property from Public (P) District to Planned Unit Development (PUD) District. The Planner noted that the PUD zoning is designed to accommodate unique properties or to address properties that are already developed that may not meet all the standards of a typical zoning district. The Planner noted that the proposed use is consistent with surrounding properties. The Planner noted that the City's use of the property was industrial, including heavy equipment storage, some outdoor storage, and equipment/vehicle repair and maintenance. Mr, Schwalbach has indicated that the use of the property will not change significantly. The property will be used as a support site to the North Heights Hardware retail facility on Rice Street. 3100 Country Drive will be used by Mr. Schwalbach as a warehouse/garage and repair shop. He is also proposing some outdoor storage and may lease a portion of the property to a landscape and/or lawn care business for outdoor storage The Planner noted that a PUD Permit is required for outdoor storage use when there is also a presence in the building. If the potential tenant does not have a presence in the building, then an Interim Use Permit is required to lease solely outdoor storage space. The Planner noted that the applicant is proposing to make various improvements to the site, including painting the building, staining the fence, and completing landscaping improvements in the lawn area. Schwalbach has indicated that his outdoor storage use could consist primarily of motorized equipment and palletized material that can be moved to the retail site on Rice Street when needed, Outdoor storage would occur inside the existing cedar -fenced area to the north of the building. The Planner noted that any outdoor storage use would be required to meet all Code requirements including licensure of the use. 3 MINUTES PLANNING COMMISSION OCTOBER 8, 2015 The Planner indicated that the proposed rezoning is consistent with the existing and future surrounding land uses in the area. The outdoor storage being requested is allowed under the PUD designation provided that all Code requirements are met. The Planner noted that if off-site outdoor storage is allowed, it is typical for an Interim Use Permit to be considered for periods of three years, with some extending beyond that timeframe. The Planner recommended approval of the Rezoning, PUD Permits for outdoor storage, and Interim Use Permit for off-site outdoor storage (if needed), subject to compliance with the outdoor storage regulations listed in the Zoning code. Ledin asked if a tenant of the property would have to be a Little Canada business. The Planner reported that that is a requirement of the Zoning Code. He noted that when application is made for an outdoor storage license, the tenant would have to be identified and verified as a Little Canada Business. Schwalbach reported that he is purchasing 3100 Country Drive as he needs additional space for his business. Schwalbach stated that he will likely bring one tenant into the property. Schwalbach reported that once his business begins to occupy the property, he will be able to determine the amount building space as well as outdoor storage space that would be available for lease. Duray asked what the plans are for the portion of the property where the City had a wood chip pile. Schwalbach replied that the area would be planted with prairie grass. He indicated that there would be bushes planted in the areas on the west and south sides of the building. The existing parking area would be retained for parking and the existing outdoor storage area would be retained for outdoor storage. Schwalbach also indicated that he plan is to paint the building and the City has given him until August 31, 2016 to complete the painting. Schwalbach reported that the purchase agreement on the property was just finalized today. Duray stated that he was happy when North Heights Hardware moved into Little Canada, and he is glad that the business is growing and successful. Duray recommended approval of the Rezoning of 3100 Country Drive from Public (P) District to Planned Unit Development (PUD) District given the sale of this property by the City to Jim Schwalbach. Motion seconded by Davison. Motion carried 5 — 0. Schwalbach abstained. 4 MINUTES PLANNING COMMISSION OCTOBER 8, 2015 Duray recommended approval of PUD Permits for outdoor storage subject to compliance with all requirements of the Zoning Code as well as the City Planner's recommendations as outlined in his October 5, 2015 report and approval of an Interim Use Permit for an off-site outdoor tenant for this property in the event that such tenant is not occupying space within the building subject to compliance with the Zoning Code as well as the City Planner's October 5, 2015 recommendations. Motion seconded by Buesing. Motion carried 5 — 0. Schwalbach abstained. 5 MAYOR John. Reis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651.) 766-4048 ADMINISTRATOR. www.ci.little-canadaann.us Joel R, Hanson MEMORANDUM TO: Mayor Keis and Members of the City Council FROM: Kathy Glanzer, City Clerk DATE: October 8, 2015 RE: Sale of Brady's on Rice Street Request for Liquor License — LT Corporation DBA Mama T's Castle Tap Jim and Sharon Tulgren, the current owners of Brady's on Rice Street, are selling their business to Linda Natus and Troy Natus. The Natus' have made application for on On -Sale Intoxicating Liquor License and a Sunday License. The Tulgrens currently hold an On -Sale Intoxicating Liquor License, a Sunday License, and a 2 A.M. License. Application materials are in order and the appropriate Certificate of Liquor Liability Insurance has been submitted. The Sheriff's Department background checks are satisfactory. City staff recommends approval of the On -Sale Liquor License and the Sunday License as requested subject to finalization of the sale of the business. Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 222, St. Paul, MN 55101-5133 Telephone 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 Certification of an On Sale Liquor License, 3.2% Liquor license, or Sunday Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County, Issuing Liquor License d;� Ce64611i- License Period From: To: Circle One: New License License Transfer Suspension Revocation Cancel (former licensee name) License type: (circle all that apply) cOn Sale Intoxicating Fee(s): On Sale License fee:$ 7 30 Sunday License fee: $a 60, 3,2% On sale 3.2% On Sale fee: $ (Give dates) 3,2% Off Sale 3.2% Off Sale fee: $ Licensee Name:. /-7— de,91-p(-D/341ii d' ,,nf DOB Social Security # (corporation, partnership, LLC, or Individual) 72pp, Business Trade Name Zip Cocle 5"S I I County 4,rr Home Address /t/, St Business Phone Licensee's Federal Tax ID # Business Ad dress y 66 iq e.f6 SO -City ' l /. y&"G% w `7 Home Phone '$"/ &e.1 Sal /t/ City cm er... ted (To apply call LRS 800-829-4933) Clr. M cl Licensee's MN Tax ID # (To Apply call 651.296-6181) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: Partner/Officer Name (First Middle Last) I oy Cr "1') 4.. x°1'2 (Partner/Officer Name (First Middle Last) Horne Address , e 1q5 fi cG rt y., Social Security # Home Address Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license, Circle One: (Yes No) During the past year ha's a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name: Policy # I Certify that this licenses) has been approved In an official meeting by the governing body of the city or county. City Cleric or County Auditor Signature Date (title) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651-201-7504, or visit our website at s.state.mlx.us. (Form 9011.12/09) ACCPREI CERTIFICATE OF LIABILITY INSURANCE L...--'" DATE(MM/DD/YYYY) 4/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ' ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED AEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Paulet/Slater NAMg QT Bryan Stanley PHONE (651)694-0311 Ext) (AIC. No): OM) 641�t3967 711 Hale Ave NOrthAInQ�No Suite 101 St. Paul MN 55128 Ab rihss;betaf1eYDpaulets1ater.aom INSyRER(S) AFFORDING COVERAGE NAIO IF INSURERA;Illihois _Casualty INSURER B ; INSURED LT Corp' DBA: Marta, T's Castle Tap 2500 Ride St St Paul MN 55113 INSURER 0 ; INSURER p; SACH OCCURRENCE INSURER E: I SURER P ; CLAIMS•MADE CERTIFICATE NUMRER.15/16 LI THIS'IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ,INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NN ILTR TYPE OF INSURANCE AOCL SUM POLICY NUMBER NPIMLt7O/YYYF MOI�SIYE LIMITS OOMMEROIAL GENERAL LIABILITY SACH OCCURRENCE $ CLAIMS•MADE OCCUR DAMAGE (En occurrence) $ MED EXP (Any ono person) $ PERSONAL & ADV INJURY ,J GEN'LAGGREGATE POLIOY. OTHER: LIMIT APPLIES JE PER: LOO GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE ____ _— LIABILITY ANY AUTO ALL OWNED AUTOS HIREDAUTOS SCHEDULED AUTOS NON -OWNED AUTOS a0 MBIIN DS SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Por acoidont ) $ PRgOPEERTY DAMAGE (Per accident) $ $ — UMBRELLA LIAB EXCESS MB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIC8RAIEMB R EXOLUOED? (Mandatory In NH) Pes describe under DESCRIPTION OF OPERATIONS below Y 1 N N 1 A -Pt AR OTH- ER E.L. EACH ACCIDENT $ S.L. DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT A Liquor Liability LL95629 09/23/2015 6/30/2016 Each Occurrence $500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If moro space Is required) LOCATION OW INSUREDS PREMISES: 2500 RICE STREET, LITTLE CANADA, MN 55113 PROVXDSS HVXt HMCE or INSURANCE CANCELLATION (651) 766-4048 kathy.glanzerl§ai.little-aa City of Little Canada City Clerk City Hall 515 Little Canada Road Little Canada, MN 55117 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -�� effxey Stanley/J'22 @ 1988-2014ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (2n1481) Matt k3ostrom RAMSEY COUNTY SHERIFF 425 Grove St. St. Paul, MN 55101-2418 `telephone: (651) 266-9300 Telefacsirile: (651) 268.9301 September 28, 2015 City of Little Canada Attn: Kathy Glanzer 515 East Little Canada Road Little Canada, Minnesota 55117 Re: Criminal History Checks: Liquor License Linda Natus Troy Natus Dear Kathy, Upon your,request, this department has searched national record systems (NCIC), and found no arrests for the above named individuals, erely, lm 0 Patrol Divislt n 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.ci.little-canada.mn.us MEMORANDUM TO: Mayor Keis and Members of the City Council FROM: Kathy Glanzer, City Clerk DATE: October 8, 2015 RE: Request for On -Sale Liquor License MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson ADMINISTRATOR Joel R. Hanson Attached is a request from El Sombrero Mexican Restaurant for a text amendment to increase the number of On -Sale Liquor Licenses in the City so that they can make application for said license. The City Code currently limits On -Sale Liquor Licenses as follows: Five (5) On -Sale Liquor Licenses — these are held by Brady's, Gordies, Hoggsbreath, Little Venetian, Saxon Lanes; One (1) On -Sale Restaurant Liquor License — held by Porterhouse; One (1) On -Sale Restaurant -Event Center Liquor License — held by JJ's Hospitality (the event center in the Marketplace Shopping Center). It should be noted that while all available On -Sale Liquor Licenses as delineated in our ordinance are currently taken, the City is authorized under State Statute for additional On -Sale Liquor Licenses. State Statute allows the City up to six (6) On -Sale Liquor Licenses, plus two (2) additional On -Sale Liquor Licenses authorized by Chapter 240, 2987 Laws. State Statute also allows the City an unlimited number of On -Sale Restaurant Liquor Licenses. A further note is that the City has an unlimited number of On -Sale Wine Licenses and On -Sale 3.2 Licenses. To "create" an additional license, an ordinance amendment will be necessary. If the Council wishes to consider the request of El Sombrero Mexican Restaurant, it would be staff's reconunendation that the On -Sale Liquor License fall into the restaurant category with specific conditions attached to the license. It should be noted that the general On -Sale Liquor License could be issued, but this license is the typical bar license, so there would be nothing to prevent El Sombrero from converting the business to a bar if they chose to. (That was a policy concern with past City Councils in terms of not having more "bars" in the City,) The City Code is attached for the Council's review. Section 703.030 details the specific conditions for the On - Sale Restaurant License Liquor License held by Porterhouse, and Section 703.035 details the conditions for the On -Sale Restaurant -Event Center Intoxicating Liquor License held by JJ's Hospitality, With regard to conditions, El Sombrero will not meet the minimum investment requirements under the On -Sale Restaurant Liquor License. The Building Inspector estimated that they will occupy approximately 3,500 square feet of the Marketplace Shopping Center. Also the current building permit they have for their remodel was for $3,000 in improvements. Based on a quick calculation utilizing the property's estimated market value and the percentage of square feet occupied, El Sombrero would have just under $200,000 investment in the property, If the Council supports the request to amend the Code to provide for an additional liquor license, staff is recommending that the license be an On -Sale Restaurant License, Staff is also proposing that the minimum standards under Chapter 703,030, On -Sale Restaurant License, be modified as follows: o Eliminate 703.030 (1) Initial Investment. It is staff's position that this initial investment standard is no longer necessary and that other minimum standards would ensure that the license is being issued to a restaurant versus a bar. o Add a standard requiring a full-service kitchen similar to 703.035 (2). This section could read as follows: ■ A restaurant shall have a full-service kitchen equipped with adequate personnel, equipment, and food to prepare meals. Food service shall be required during all business hours when intoxicating liquors are sold, served, or consumed. o Add a standard prohibiting a 2 A.M. Liquor License similar to 703,035 (7). cc: El Sombrero Mexican Restaurant El Sombrero Mexican restaurant is requesting a hard liquor license. For 2900 Rice St, Little Canada, MN 55113. Our new location we will be offering a full menu as well a great variety of margaritas and cocktails. This will bring new business to the area and to our restaurant. A great Mexican meal is not completed without a nice cold margarita. This is why we are requesting a liquor license. We will be opening soon and are excited to start business. We ask that you consider our request. Thanks El Sombrero Mexican restaurant 703. INTOXICATING LIQUOR 703.010. LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to keep or operate an on -sale or off -sale intoxicating liquor establishment within the limits of the City without first having obtained a license to do so as hereinafter provided. 73.32LT' a 'i -CF LICENSES. There shall be six (6) types of licenses issued for the sale of intoxicating liquor, namely: (a): On -sale restaurant intoxicating .liquor 1'icenae shall permit the sale of intoxicating liquor for consumption on the premises in conjunction with the consumption of food. (b) On -sale intoxicating liquor licensee shall permit the sale of intoxicating liquor for consumption on the premises. (c). On -sale restaurant -event center ii to.. iicatu liquar license shall pennit the sale of intoxicating liquor for consumption on the premises in conjunction with the consumption of food. (d) Off -sale intoxicating liquor license shall permit the sale of intoxicating liquor in original packages for consumption off the premises only. (e) Temporary on -sale intoxicating liquor licenses shall permit the sale of intoxicating liquor for a specific period pursuant to Section 703.110. (f) On -sale 2:00 a.m. intoxicating liquor license shall permit the sale of intoxicating liquor for consumption on the premises between the hours of 1:00 a.m. and 2:00 a.m. 703.030. MINIMUM STANDARDS FOR "ON-SALERESTAURANT" INTOXICATING LIQUOR LICENSE. The following minimum requirements must be satisfied prior to the issuance of an "On -Sale Restaurant" intoxicating liquor license. (1) Initial Investment. An applicant for an "on -sale restaurant" license must initially invest or propose to invest in the business a minimum of One Million Dollars ($1,000,000), including all fees, site development, utilities, furnishings, fixtures and construction costs based upon 2011 construction costs, which will be adjusted annually by the Consumer price Index For all Urban Consumers (CPI -U) in the Minneapolis -St. Paul area. In the case of multi-purpose buildings such as shopping center, motels, hotels, and the like, only that portion of the building directly attributable to the preparation, handling, storing, consumption or serving of food and liquor shall be considered in determining the value of the investment. In the event that a license is proposed for an existing structure, the value shall be determined by review of documents evidencing a sale of the property within the twelve (12) months preceding issuance of a license for the property in question. All documented costs associated with the renovation and furnishing of the property may be added to the purchase price when evaluating compliance with the initial investment requirement. An applicant 703-1 holding a leasehold interest in the property may also use the fair market value of the property for real estate tax purposes as determined by the City Assessor in the year the license is first issued for determining whether the initial investment requirement has been satisfied. The Council may provide for an independent appraisal at applicant's expense, as an aid in determining the investment or the value of said business. In the event this requirement as to investment is not complied with within one year from the date of issuance of the license, the license may be revoked or suspended. (2) Building Area. A restaurant building containing a minimum of 1,500 square feet used for seated dining purposes, including the bar area but excluding the area used for kitchen, storage, restroom facilities, waiting areas, and entrance and exit purposes. (3) Seating Capacity. A restaurant building having appropriate facilities and adequate staff to serve meals at tables and, for seating not less than 90 guests at one time for meals, including seating available for food service in the bar area but excluding seating in a lounge or waiting area. (4) Maximum Liquor Sales. The sale of intoxicating liquor, wine or 3.2 percent malt beverages shall not exceed 40 percent of the restaurant's gross yearly sales. Evidence of compliance with this requirement shall be furnished by licensee with annual renewal information submitted to City. 7113.035. MINIMUM STANDARDS FOR "ON -SALE RESTAURANT -EVENT CENTER" INTOXICATING LIQUOR LICENSE. The following requirements must be satisfied prior to the issuance of an "On -Sale Event Center" intoxicating liquor license. feet. (1) Building Area. An event center building shall have a minimum of 10,000 square (2) Full -Service Kitchen. An event center shall have a full-service kitchen equipped with adequate personnel, equipment, and food to prepare meals. Food service shall be required at all events where intoxicating liquors are sold, served, or consumed. (3) Security. The event center shall provide adequate security for the Event. The City reserves the right to require enhanced security if any of the conditions in Section 703.035(6)(a) -(c) arise. (4) Events. For purposes of this ordinance, an "Event" shall be no more than eight (8) hours and shall not be open to the public. There shall be no more than one hundred four (104) Events in each calendar year. Events held on the same day by different customers shall be considered to be separate Events for purposes of calculating the maximum number of annual Events. The sale, service, or consumption of intoxicating liquor shall only be permitted during an Event provided Paragraph (2) of this section is met. (5) The event center shall not advertise the sale of intoxicating liquors anywhere on 703-2 the premises, either inside or outside, (6) Adverse action can be taken against the event center license for any violations of state or local law that stem from an Event. Adverse action may be taken against a licensed establishment acting as a liquor caterer who provides or serves alcohol at an establishment that is in violation of this chapter. (7) An on -sale 2 a.m. intoxicating liquor license cannot be held in conjunction with an on -sale restaurant -event center intoxicating liquor license. 703,040. WRITTEN APPLICATION. (1) Every application for a license to sell intoxicating liquor shall be made to the City Administrator on a form supplied by the City and containing such information as the City Administrator or the City Council shall require. Each application shall include, at a minimum, the name and place of residence of the applicant, and the exact location of the place at which the applicant proposes to carry on the business of selling intoxicating liquor. It shall be unlawful to make any false statement in an application. Every application for the issuance or renewal of a license shall include a copy of each Summons received by the applicant under Minnesota Statutes Section 340A.082 during the preceding year. (2) Temporary On -Sale License. Temporary On -Sale licenses shall be issued only to clubs or charitable, religious, or other nonprofit organizations in existence for at least three (3) years prior to the date of application. Proof of eligibility roust accompany an application for Temporary On -Sale license. Applications shall be made thirty (30) days in advance on forms prescribed by the City Administrator. No licenses shall be valid prior to approval by the Commissioner of Public Safety. The application must state the days of sale for which a license is requested, and a new application must be completed and submitted for each additional period. The minimum requirement for proof of financial responsibility is the same as outlined in 703.040 Paragraph (5) (a) through (c) and Paragraph (6) below: (3) Off -Sale License. An off -sale license may only be granted to an exclusive liquor store. (4) On -Sale Restaurant Intoxicating Liquor License. Each application and "On -Sale Restaurant" intoxicating liquor license shall include sufficient evidence to confirm that the applicant has satisfied the requirements of Section 703.030 of this Chapter. (5) On -Sale Restaurant -Event Center Intoxicating Liquor License. Each application for "On -Sale Event Center" intoxicating liquor license shall include sufficient evidence to confirm that the applicant has satisfied the requirements of Section 703.035 of this Chapter. 703-3 (6) Proof of Financial Responsibility. Prior to the issuance of an intoxicating liquor license, the applicant shall demonstrate proof of financial responsibility as defined in Minnesota Statutes Section 340A.409, Subdivision 1, with reference to liability under Minnesota Statutes Section 340A.801. The applicant shall demonstrate that such proof has been filed with the Commissioner of Public Safety where required under Minnesota Statutes Section 340A.409. Proof of financial responsibility shall be required prior to the issuance of any intoxicating liquor license, including temporary on -sale licenses, regardless of the provisions of Minnesota Statutes Section 340A.409, Subdivision 4. Any liability insurance policy filed as proof of financial responsibility under this subdivision shall conform to the requirements of Minnesota Statutes Section 340A.409, The minimum requirement for proof of financial responsibility may be given by filing: (a) a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) a bond of a surety company with minimum coverages as provided in paragraph (a); or (c) a certificate of the state treasurer that the licensee has deposited with the state treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust fiends having a market value of $100,000. (7) Approval of Security. Liability insurance policies required by this Chapter shall be approved as to form by the City Attorney. Operation of a business licensed by this ordinance without having on file with the State Insurance Commissioner or the City at all times effective security as required in Subdivision 2 is cause for immediate revocation or suspension of the license, (8) Special Event on City Property: A liability insurance policy for a special event to be held on City property shall name the City as an additional insured. 703.050, LICENSE FEES. (1) Each application for a license shall be accompanied by a receipt for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the City shall refund the amount paid. (2) Every license, except a temporary license, shall run for a period of one (1) year from July 1 of each year. A temporary on -sale license shall run for a specified period pursuant to Section 703.110. If a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such a fee, any unexpired 703-4 fraction of a month shall be counted as one (1) month, (3) The license fees for an on -sale restaurant intoxicating liquor license, on -sale intoxicating liquor license, off -sale license, temporary on -sale license, Sunday liquor license,_ and an on -sale 2:00 a.m, intoxicating liquor license, shall be as set forth by City Council resolution. 703.060. INSPECTION OF PREMISES. The Council shall direct such investigation of said application as it may deem necessary, and each application shall require written consent permitting the representatives of any City Department to inspect and examine the place of business described in the application together with all the appliances and instruments used or to be used in the transaction of the business for which a license is sought, and upon receipt of such report the Council shall thereafter consider the application to grant or deny the same. 703.070. INVESTIGATION FEE. A non-refundable investigation fee of Five Hundred Dollars ($500.00) shall be submitted with each initial application for an on -sale intoxicating liquor license. No investigation fee is required when the applicant has previously qualified for a 3.2 percent or intoxicating liquor license within the City of Little Canada. 703.080. APPROVAL OR DENIAL OF LICENSE APPLICATION. (1) The City Council shall investigate alt facts set out in the application. The investigation shall include an inspection of the premises by the local Fire Marshal and a search to determine whether or not the applicant has a police record. After such investigation and hearing, the Council shall grant or refuse the application in its discretion. (2) Each license shall be issued to the applicant only and shall not be transferrable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council. Upon the death of an intoxicating liquor license, his or her personal representative may continue operation of the business within the terms of the license for a period of up to but not exceeding 90 days. 703,090. PERSONS INELIGIBLE FOR LICENSE, No license shall be granted to or held by any person who: (1) Is under 21 years of age; (2) Has, within five (5) years prior to the application for such license, been convicted of violating any law of this State or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating or 3,2 percent malt liquor, and cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of an intoxicating liquor licensee; (3) Is a manufacturer of intoxicating liquor or is interested in the control of any place 7035 where intoxicating liquor is manufactured; (4) Is not a citizen or resident alien; (5) Is not of good moral character; (6) Is not the proprietor of the establishment for which the license is to be issued; 703.100. REVOCATION. CONDITIONS OF LICENSE AND GROUNDS FOR SUSPENSION OR (1) Every license shall be granted subject to the conditions in the following paragraphs and all other provisions of this ordinance and of any other applicable ordinances of City or State law. (2) Compliance with financial responsibility requirements of State law and of this ordinance is a continuing condition of any license granted pursuant to this chapter. (3) No 3.2 percent malt liquor or intoxicating liquor shall be sold or served to any obviously intoxicated person or to any person under 21 years of age, (4) No person under the age of 21 years shall be permitted to consume 3.2 percent malt liquor or intoxicating liquor on a licensed premise. (5) No corporation to which a license has been granted shall transfer any stock in such corporation without the consent of the City Council. The officers of any corporation holding a license shall notify the City Council of any proposed sale or transfer of any stock in the corporation. The transfer of any stock without the lcnowledge and consent of the City Council shall be deemed sufficient cause for revocation of the license by the Council. (6) No manufacturer or wholesaler of intoxicating liquor shall have any ownership of, or interest in, an establislunent licensed to sell at retail contrary to the provisions of Minnesota Statutes Section 340A.301, Subdivision 7. No retail licensee or manufacturer or wholesaler of intoxicating liquor shall be a party to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of intoxicating liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee, (7) No person under 18 years of age may serve or sell intoxicating liquor in a retail intoxicating liquor establishment. (8) All music, by whatever means provided, shall be moderated so as not to annoy the occupants of nearby premises. (9) No licensee shall keep, possess or operate or permit the keeping, possession or 703-6 operation of, on any licensed premises, or in any room adjoining the licensed premises, any slot machine, dice, or any gambling device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or 609.76. A black jack table which is not being used in violation of M.S. 609.755 or 609.76 shall be exempt from this prohibition. No licensee shall permit any gambling on licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it preclude the possession of properly licensed and registered gambling equipment as defined in M.S. 349.12, Subd. 15. No licensee shall permit the licensed premises or any room therein or any room in any adjoining building, directly or indirectly under his control, to be used as a resort for prostitutes or other disorderly persons. 703.110. RESTRICTIONS ON NUMBER OF LICENSES. (1) The number of "off -sale" licenses within the City shall not exceed three (3) until such time as the population of the City reaches twenty thousand (20,000) residents. At such time one (1) additional "off -sale" license shall become available. (2) No more than five (5) on -sale intoxicating liquor licenses, no more than one (1) "on - sale restaurant" intoxicating liquor licenses, and no more than one (1) "on -sale restaurant -event center" intoxicating liquor license shall be issued within the City of Little Canada. It is hereby noted that State Statute allows the City up to six (6) on -sale intoxicating liquor licenses, plus two (2) additional on -sale intoxicating liquor licenses authorized by Chapter 240, 1987 Laws. State Statute also allows the City an unlimited number of "on -sale restaurant" intoxicating liquor licenses. (3) No more than three four-day, four three-day, six two-day, or twelve one -day temporary licenses, in any combination not to exceed twelve days per year may be issued for the sale of intoxicating liquor to any one organization or registered political committee, or for any one location, within a twelve-month period. 703.120. LIMITATION OF LICENSE. (1) No license shall be issued for premises located within an area where such use of the premises is prohibited by the zoning ordinance nor within an area where such sales are forbidden by State law or any other ordinance of the City. (2) No license shall be issued for premises located within 800 feet of any school building or church located within the City. The method of measurement to be used for determining such distance shall be the shortest distance between the buildings, measured from the point of each building which is closest to the other building. This restriction shall not apply to premises covered by a temporary "on -sale" license. (3) No "off -sale" license shall be issued to a place where 3.2 percent malt liquor is sold for consumption on the premises. 703-7 (4) No license shall be issued to any person in connection with the premises of another to whom no license could be issued under the provisions of the State Liquor Control Act provided, however, that this provision shall not prevent the granting of a license to a proper lessee by reason of the fact that he or she shall lease the premises of a minor, non -citizen or a person who has been convicted of a crime other than a violation of this Chapter, or violations of State or local gambling laws. (5) Not more than one (1) retailers license shall be directly or indirectly issued to any one person or for any one place in the City, nor shall any retailers "on -sale" or "off -sale" license be directly or indirectly issued for any place for which a license of another class has been granted. (6) No more than one license shall be issued to any person in the municipality. (7) No retail license to sell alcoholic beverages maybe issued or renewed to a club which discriminates against members or applicants for membership or guests of members on the basis of race. 703.130. VIOLATION BY AGENT. Every licensee is responsible for the conduct and the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell such beverage is the act of the licensee. 703.140. OPERATION IIOURS. (1) Except as provided in Subpart (4) herein, no "on -sale" sale of liquor shall be made after one o'clock a.m. nor until eight o'clock a.m. any day of the week. (2) No "off -sale" sales of such liquor shall be made before 8:00 a.m, or after the hour of 10:00 p.m. on Monday through Saturday, and no such "off -sale" sales of liquor shall be made at any time on Sunday. No "off -sale" sales shall be made on Thanksgiving Day or on Christmas Day, December 25, or after 8:00 p.m. on Christmas Eve, December 24. (3) Except as provided in Subpart (4) herein, no "on -sale" license shall permit the consumption of intoxicating liquor on the premises during the hours when sale is prohibited, except that the licensee shall be allowed a thirty minute period following closing to clear the premises. Any customer purchasing intoxicating liquor prior to 1:00 o'clock a.m. may consume such beverage on the premises until 1:30 o'clock a.m. Under no circumstances shall any individuals, whether or not customers, other than the owners or employees of the licensee, be allowed to remain on the premises after 1:30 o'clock a.m. (4) With respect to a licensee who has obtained an on -sale 2:00 a.m, intoxicating liquor license, no "on -sale" sale of liquor shall be made after two o'clock a.m. on Sunday, nor until eight o - clock a.m, on Monday, except as provided herein. No such "on -sale" sale shall be made on Tuesday, 703-8 Wednesday, Thursday, Friday, or Saturday between the hours of two o'clock a.m. and eight o'clock a.m, On Sunday, no such "on -sale" sale shall be made except between the hours of ten o'clock a.m. and two o'clock a,m, on Monday. No on -sale 2:00 a.m. intoxicating liquor license shall permit the consumption of intoxicating liquor on the premises during the hours when sale is prohibited, except that the licensee shall be allowed a thirty minute period following closing to clear the premises. Any customer purchasing intoxicating liquor prior to 2:00 a.m, may consume such beverage on the premises until 2:30 a.m. Under no circumstances shall any individuals, whether or not customers, other than the owners or employees of the licensee, be allowed to remain on the premises after 2:30 a.m. 703.150. EXCEPTIONS OF SALE. This Chapter shall not be construed to prohibit the sale of wine for sacramental purposes by any person duly licensed by the State Liquor Control Commissioner, nor shall this Chapter be construed to prohibit the sale of medicine, nor of industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical or industrial purposes nor to compound or preparations containing alcohol, if such compounds or preparations are not potable as a beverage, nor shall it be construed to prohibit the sale of intoxicating liquor for medicinal purposes by a duly licensed and registered pharmacist or druggist upon a bona fide prescription, in writing, by a physician or dentist, 703.160. RESTRICTIONS ON PURCHASE AND CONSUMPTION. (1) The provisions of Minnesota Statutes Section 340A are hereby incorporated by reference into this ordinance, and the sale, purchase or possession of alcohol contrary to State law shall be a violation of this ordinance. (2) It shall be unlawful for any person to consume intoxicating liquor in any theater, recreation hall, center, dance hall, ball park, or other place of public gathering used for the purpose of entertainment, amusement or playing of games, unless the owner or lessee of the property or sponsor of the event has obtained a license or a permit issued by the City Administrator, or his designee. 703.170. SUSPENSION AND REVOCATION. The Council shall either suspend for up to 60 days or revoke any intoxicating liquor license, or impose a civil fine not to exceed $2,000.00, for each violation upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. The lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or security, shall affect an immediate suspension of the license. Any suspension under this chapter shall continue until the City Council determines that the financial responsibility requirements of this chapter have met. 703.180. SPECIAL SUNDAY SALE. The holder of an "on -sale" liquor license under the Code, may apply to the Council for a special license to sell intoxicating liquor on Sunday, provided that the liquor may be served in conjunction with the sale of food. The application for such license 703-9 maybe made at the same time and upon the same license as the "on -sale" licensee uses to apply for his/her regular "on -sale" license. The fee for a special Sunday liquor license shall be set forth by City Council resolution, No such license shall be issued to any "on -sale" licensee unless said licensee is operating a benefited restaurant serving meals regularly to the public and having facilities for serving at least 30 people at one time or in conjunction with the sale of food on Sunday if the applicant is in conformance with the Minnesota Clean Air Act. No intoxicating liquor shall be served before 10:00 o'clock a.m, or after 1:00 o'clock a,m. on Sunday, (Source: Ord, 2, 14, 15, 16, 17, 18, 19, 48, 55, Amended: Ord. 20, 43, 48, 56, 87, 96,112, 123, 132, 158, 174, 176, 178, 221, 249, 290, 302, 325, 329, 345, 348, 355, 361, 365, 435, 496, 513, 522, 555, 649, 659, 714, 774, 783, 788, 790) 703-10 MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 ADMINISTRATOR www.ci.little-canada,mn;us Joel R, Hanson MEMORANDUM TO: Mayor Keis and Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 6, 2015 RE: Master Subscriber Agreement for MN Court Data Services Attached is a Master Subscriber Agreement for MN Court Data Services which will allow the City Attorney's office to view electronic court records and documents stored in the court system for cases in district courts. Staff is recommending approval of this Agreement as requested by the City Attorney's office. MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between City of Little Canada (Government Subscriber Name) of 515 Little Canada Road East, Little Canada, MN 55117 (Government Subscriber Address) (hereinafter "Government Subscriber") and THE STATE OF MINNESOTA Office of State Court Administration of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 (hereinafter "the Court"), Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian, Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's "Legitimate Governmental Business Need" as defined herein. Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Court and Government Subscriber agree as follows: 1. TERM; TERMINATION; ONGOING OBLIGATIONS, 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 1 of 15 1.2 Termination, 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12,2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 "Agency Account Manager" means the Government Subscriber employee assigned with the tasks of: (1) being the point of contact for communications between Government Subscriber and the Court; (2) maintaining a current list Government Subscriber's Individual Users and their signed User Acknowledgment Forms and promptly notifying the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted; (3) reporting violations of this agreement by Government Subscriber's Individual Users' and steps taken to remedy violations to the Court, 2.2 "Court Data Services" means one or more of .the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.mncourts.gov, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.2.1 "Bulk Data Delivery" means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or more of the Court's databases and through any means of transmission, as described in applicable Policies & Notices and materials referenced therein, 2.2.2 "Court Integration Services" means pre -defined automated transmissions of i) Court Records from the Court's computer systems to Government Subscriber's computer systems; and/or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre -determined events, as described in applicable Policies & Notices and materials referenced therein. 2.2.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents maintained by the Minnesota Court Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 2 of 15 Information System ("MNCIS"), as described in applicable Policies & Notices and materials referenced therein. 2,3 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.4 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.5 "Court. Records" means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: 2.5.0 "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, as defined herein. 2.5.1 "Court Confidential Case Information" means any information in the Court Records (including Court Documents) that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.2 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.3 "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.5.4 "Court Documents" means electronic images of documents that are part of or included in a court file. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2,8 "Government Subscriber's Individual Users" means Government Subscriber's employees or independent contractors whose use or access of Court Data Services, Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 3 of 15 as well as the access, use and dissemination of Court Records (including Court Documents), is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 "Policies & Notices" means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates, Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court and/or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records," all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. Such rules, lists, and tables are posted on the main website for the Court, for which the current address is www.mncourts.gov. 2,12 "SCAO" means the State of Minnesota, State Court Administrator's Office. 2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form attached to this document as Exhibit A, signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement. 3, DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Records (including Court Documents) described in the Government Subscriber Access Chart, which is posted on the Policies & Notices. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 4 of 15 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services and Court Records. 4.1.1 Government Subscriber and Government Subscriber's Individual Users shall access only the Court Data Services and Court Records (including Court Documents) necessary for a Legitimate Governmental Business Need, 4.1.2 The access of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non -official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation, 4.2 Authorized Use of Court Data Services and Court Records. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services and Court Records (including Court Documents) accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2,2 The use of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non -official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records (including Court Documents) accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber's Individual Users training in the proper access, use, and dissemination of Court Records (including Court Documents). 4.5 Violations. 4.5.1 The access, use, or dissemination of Court Data Services or Court Records (including Court Documents) beyond what is necessary for a Legitimate Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 5 of 15 Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4,5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or Court Documents by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber's Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber's Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber's Individual Users, the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the User Acknowledgment Form attached in Exhibit A before accessing Court Data Services, 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies -- Revised September 22, 2014 Page 6 of 15 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and Government Subscriber's Individual Users are founded independently on the provisions of this Agreement, 5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber's Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber's Individual Users access to Court Data Services and Court Records (including Court Documents). 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement, 7. ACKNOWLEDGMENT BY INDIVIDUALS WITII ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To affect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and/or access Court Data Services and Court Records (including Court Documents) under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acknowledgement Form (Exhibit A). 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting this Agreement to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 7 of 15 Court for approval and shall accompany the submission of this Agreement for approval. 7.2.3 Until the User Acknowledgement Form required in Clause 7.2,1 is signed, a Government Subscriber's Individual User is prohibited from accessing, using or disseminating Court Data Services and Court Records (including Court Documents), The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by a Government Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written User Acknowledgment Forms on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request to the Agency Account Manager, 7,2,5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive Court Records (including Court Documents), SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts, 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The. combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey," 8.4 Restrictions on Duplication, Disclosure, and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 8 of 15 Information. In addition, Government Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate, 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies -- Revised September 22, 2014 Page 9 of 15 materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including, but not limited to, a time-out feature, to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy, Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn, Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law, 11, AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices, The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be Insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS, The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber's Court Data Services on a temporary basis and/or immediately terminating this Agreement. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 10 of 15 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services and Court Records (including Court Documents) by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such logs upon request. 12.2.3 Government Subscriber, through the Agency Account Manager, shall promptly notify the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted. Upon Government Subscriber's failure to notify the Court of these changes, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.2.4 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services and Court Records (including Court Documents) from time to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 123 Personnel. Government Subscriber agrees to investigate (including conducting audits), at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber, through the Agency Account Manager, agrees to notify the Court of the results of such investigation, including any disciplinary actions, and of steps taken to prevent further misconduct. Government Subscriber agrees to reimburse the Court for costs to the Court for the investigation of improper use of Court Data Services, Court Records (including Court Documents), or trade secret information of the SCAO and its licensors. 13. FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 11 of 15 Subscriber and pursue all available legal remedies, Government Subscriber certifies that funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies 8c Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof, 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies •- Revised September 22, 2014 Page 12 of 15 either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed, 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control, 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other, This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber, 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties, 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13,90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 13 of 15 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement, intending to be bound thereby. By Date GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity, such a council resolution, board authority or legally binding decision maker and attach same as Exhibit B. (SIGNATURE) Name (typed) Title By Date Title Office Office 3. (SIGNATURE) CTO/Director Information Technology Division of State Court Administration Form and execution approved for Court by: By: (SIGNATURE) Title: Staff Attorney - Legal Counsel Division Date: Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 14 of 15 Exhibit A Court Data Services User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the "Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. I, , as an employee/student attorney/contractor of ("the Agency"), state the following: 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2. I understand that I am not to share my login and password information. 3. I shall access and use the Court Records and Court Documents provided for only "legitimate governmental business needs." I understand a "legitimate governmental business need" is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory elfregulatory body. 4. I shall not access or use Court Records or Court Documents for personal or non -official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5. I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6. I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. S. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. Date: By: Employee/Student Attorney/Contractor for Agency Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 22, 2014 Page 15 of 15 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH b t4-1;- to. )D- S -10-1P.111-1040 d GOVERNMENT ACCESS Minnesota Government Access (MGA)I MINIsaiSOTA JUDICIAL BRANCH Request Form for Minnesota Government Access (MGA) Login Account Copyright © 2005-2014 by the State of Minnesota, State Court Administrator's Office, AH Rights Reserved, rile 196 Minnesota Government Access ("MGA") provides electronic access to appropriate court records and documents fora government agency through login accounts for the Individual agency users. MGA is an Internet browser -based application that requires no Installation. This Request Form is intended for an entire government agency, not an individual user. Use this form to make the initial request for the new user accounts for the agency; not to make changes to an existing account. Only one agency may apply per form. Complete this entire form. You may clearly print, type, or complete electronically. Tip: This Is a Microsoft Word document. To complete this form electronically: 1) save to your computer, 2) press Tab to fill out the form fields, 3) save and attach to a -mall submission, Today's Date: 09/02/15 nformation (ALL FIELDS ARE REQUIRED} County/City/State Agency: City of Little Canada NOTE: Identify your agency name as it Is written on the front page of the Master Subscriber Agreement attached to this request. If you are creating a new agreement, Identify your agency name at Its highest level, such as Anoka County Attorney's Office, City of Willmar, or Minnesota Department of Public Safety. Mailing Address: 515 Little Canada Road East Little Canada, MN 55117 County (If Statewide Agency, enter "State"): Ramsey Agency Account Manager (Agency Contact) Name: Joseph A. Kelly Position/Title; City Attorney Phone: 651-224-3781 E-mail: Jkelly@kellyandlemmons,com Agency Director/Manager Authorizing Request (If different than Agency Account Manager) Name: Position/Title: Phone: Email: ser Account Information Individual users (authorized employees, contractors, student attorneys) will have Individual logins and passwords for MGA. Ali authorized individual users In your agency who will be using MGA must register for an MGA user account before this request is submitted. • Attach a completed Court Administrative Tool (CAT) that lists all user information to this request. NOTE The signed, attached Master Subscriber Agreement requires that you keep a record of everyone who will be given access to an MGA account irriduai User;AcknouwedgmentForm All authorized Individual users in your agency who will be using MGA must complete an Individual User Acknowledgment Form before this request Is submitted. Please provide a copy of all signed Individual User Acknowledgement Forms with this request, NOTE: The signed, attached Master Subscriber Agreement requires that all individual users sign the User Acknowledgment Forms prior to using MGA and that you keep a record of all User Acknowledgment Forms. Revised October 2, 2014 (ITD_SP_0371g) Page 1 of 2 ACCESS TO CASE RECORDS OF TIIE MINNESOTA JUDICIAL BRANCH )>>-�ri• }›- la. CD. I* GOVERNMENT ACCESS 1 Mnnesota Government Access (MGA) • This RequesForm and all required attachments should bnomuAodtoG uu,state.mn.ue. Revised Octobe2,2014(|TD_GP_O371Q) Page2of2 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.cidittle-canada.mn.us MEMORANDUM TO: Mayor Keis & Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 9, 2015 RE: Call for Workshop to Discuss Redevelopment Concept for Former Bally's Site MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson ADMINISTRATOR Joel R. Hanson Steve Wellington of Wellington Management has entered in to a purchase agreement for the former Bally's Gym site. He had a redevelopment concept he would like to review with the City Council that would require tax increment financing assistance. Mark Ruff of Ehlers, Inc. and I have been working with him on this project for a while and it now appears ready to move forward. We will be preparing some TIF analysis projections for you to review at this workshop in addition to discussing the challenges of this project. Mr. Ruff will also be present at the workshop. Staff is recommending we call for a workshop to be held at 6:00 p.m. on Wednesday, October 2811' to review the concept in more detail in order that you can provide direction as to how you may want us to proceed, if at all. MEMORANDUM DATE: October 7, 2015 TO: Joel Hanson FROM: Martin Norder RE: Amendment of City Code Chapter 1203 In reviewing Little Canada City Code Chapter 1203, Section 1203,070 LICENSE is contrary to Minnesota Statute § 606.66, Specifically, this section allows the City to grant a permit to carry a concealed dangerous weapon including a switch blade and metal knuckles. Minnesota Statute § 606.66 makes possession of these items illegal. It is the recommendation of the City Attorney that Section 1203.070 being deleted from City Code. Attached to this memorandum are the proposed changes to Section 1203.070. 1203. DISCHARGE AND CONCEALMENT 1203.010. DISCHARGE OF DEADLY WEAPONS. Except as specifically authorized Ir Minnesota Statue. in this chapter. all discharging and use of deadly weapons within the City of Little Canada are hereby prohibited. The term "deadly weapon" as used herein shall include the following: all firearms; bows and arrows when arrows are point tipped; all instruments used to expel at high velocity any pellets of any kind, including, but not limited to B -B guns and air rifles; sling shots; sand clubs; metal knuckles; and daggers, dirks and knives. It shall be unlawful for any person to shoot, discharge, or explode any preparation of potash, mixture of sulphur and saltpeter, nitroglycerin, dynamite, plastic explosive, fireworks, or any other kind of explosive material, and all such acts are hereby prohibited unless specifically authorized by Minnesota Statue.permit issued by the City. 1203.020. CONCEALED WEAPONS. Except as provided in Minnesota Statutes Section 624.714, it shall be unlawful for any person within the limits of Little Canada to carry or wear concealed about his person, any pistol, dagger, switch blade knife, bowie knife, razor, metal knuckles, or any other dangerous or deadly weapons. 1203.030. TERM. The term firearms, as used in this Code, shall include gas guns, pressure guns, air guns, or other guns. 1203.040. CONFISCATION BY CITY. Any weapons or explosive materials duly adjudged by the Municipal Court to have been discharged, worn or carried in violation of this Code shall be confiscated and such weapons shall be turned over to the Chief of Police of the City of Little Canada to be kept, sold or disposed of in the manner herein provided. 1203.050. USE 13Y LITTLE CANADA POLICE. Any weapons or materials confiscated pursuant to this Code may be kept or used by the police department if such are adaptable to police purposes. Any weapons and materials which would be dangerous to reintroduce into channels of private sale or use, may, in the discretion of the City police, be destroyed. Any weapons or materials which may be safely placed in the hands of private owners may be sold by the police at public auction pursuant to at least two (2) weeks published notice of such sale. 1203.060. NOT APPLICABLE. This Code shall not apply to police officers or other authorized personnel who possess a permit to carry pursuant to Minnesota Statutes Section 624.714, when using firearms or other weapons in the regular course of performing their duties. e e issued by the Council pursuant to application to the City Administrator. The fee for such license shall ■. ee issued. Every license shall state the name, age, location and residence of the person to whom it is b' • . d and countersigned by the City police officer before delivery to the licence. (Source: Ord. 50, Amended: Ord. 291, 556) 3 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.ci.little-canacia.mn.us MEMORANDUM TO: Mayor Keis & Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 9, 2015 RE: Employment Agreement with Heidi Heller for City Clerk Position MAYOR. John Keis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson ADMI.NISTRATOR Joel R. Hanson 1 am pleased to announce the hiring of Heidi Heller as our new City Clerk. Heidi was our top choice from an excellent pool of candidates. We are very excited to have her join our team. Attached is the employment agreement I am proposing in association with making this an "exempt" position pursuant to the Fair Labor Standards Act. It contains our standard language used in other employment agreements with the following highlights: • Ms. Heller's start date will be Monday, Noverriber 2nd • Her starting wage will be $66,560 per year. After six months and subject to satisfactory performance, it will increase to $67,600 for the balance of 2016. On January 1, 2017, her wage will increase to Step 2 of the City Clerk Wage Scale plus any cost of living adjustments. The 2016 Wage Scale for that position has been converted from an hourly listing to an annual salary amount due to exempt status. Now other changes were made to the scale. It is now as follows: City Clerk 2016 Salary: $66,560 ($67,600 at 5/2/2016) 2016 Salary Scale: Start 6 Mo. 1 2 3 4 5 63,606 65,478 66,560 68,869 71,115 73,424 75,733 • She is being granted six days of PTO at the onset of her employment. She will accrue additional days based upon the standard PTO schedule. Furthermore, as an exempt employee, she will be eligible for an additional 40 hours of PTO accrual on 1/1/17, subject to satisfactory performance. • She is being granted one month's severance pay should she be terminated prior to November 2, 2016. Ms, Heller has approved the agreement as presented and staff would recommend approval by the City Council, cc: Heidi Heller EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered this 14th day of October, 2015, by and between the City of Little Canada, a Municipal Corporation under the laws of the State of Minnesota, hereinafter referred to as "City", and Heidi L. Heller, hereinafter referred to as "Heller". WITNESSETH: WHEREAS, City has offered the position of City Clerk to Heller and she has accepted same; and WHEREAS, Heller is being designated an exempt employee by City; and WHEREAS, Heller agrees to enter this agreement with City as a condition of exempt status and pursuant to the terms and conditions of employment contained herein, IT IS HEREBY AGREED AS FOLLOWS: 1. POSITION. City agrees to employ I -feller as its City Clerk commencing November 2, 2015. Heller agrees to serve as the City Clerk for City, will devote her full business time and best efforts to the City, and will engage in no outside business without the prior approval of City. Heller agrees to perform the duties of City Clerk as they have been explained to her and as they may be changed from time to time. Additionally, Heller shall be required to perform such other duties as may be directed from time to time. 2. SALARY. City agrees to pay Heller a starting salary of $66,560 per year starting her first day of employment and continuing for six months. Subject to satisfactory performance, Heller's salary shall be increased to $67,600 on May 2, 2016. On January 1, 2017 and subject to satisfactory performance, Heller's salary shall be set at Step 2 of the City Clerk's Wage Scale, currently $68,869 plus any cost of living adjustments made to the scale by January 1, 2017. For future years, the City Clerk's salary scale will be adjusted at a time consistent with other employees and in a manner subject to the approval of the City Council of Little Canada and in compliance with City's comparable worth plan. City agrees to provide a performance review of Heller on an annual basis. 4. DEFERRED COMPENSATION. City shall allow Heller to enroll in the ICMA-RC deferred compensation plan with contributions to this plan to be the sole responsibility of Heller, 5. PAID TIME OFF (PTO). Upon the commencement of employment, Heller shall be provided with six (6) days of PTO accrual for use by Heller, subject to approval of the specific dates by the City Administrator, PTO shall be accrued by Heller as outlined in Section 14 of the City's Personnel Policy based upon Heller's initial employment date of November 2, 2015. Heller shall also be eligible for one week's additional PTO on January 1, 2017 and each year thereafter subject to satisfactory performance. 6. FIOLIDAYS. City will provide Heller the same standard holidays as enjoyed by other employees as set forth in Section 13 of City's Personnel Policy. 7, INSURANCE. City will pay the cost of hospital and medical insurance for Heller and dependents in the same manner provided for other employees pursuant to Section 12 of City's Personnel Policy. Heller may also participate in the "Opt -Out" program provided for in Section 12 of the City's Personnel Policy on the same basis as other employees. City will provide Heller the same group life insurance coverage that is provided to all other City employees. City further agrees to continue to enroll Beller in long-term disability coverage in a manner consistent with other employees. The cost of long-term disability coverage is Heller's responsibility. 2 1 8. OTHERINURANCE BENEELETL-- WORT immipisamry, Heller shall be enrolled in City's short term disability program in the same manner as all other full-time employees as provided for in Seetion 13 of the City's Personnel Policy, 9. DUES AND SUBSCRIPTIONS. City will budget and pay the professional dues, subscriptions, and. licensure for Heller for her continued participation in national, regional state, and local associations necessary and desirable for her continued professional participation, growth and advancement and for the good of City, Enrollment in these organizations shall be reviewed and approved by the City Administrator, 10. PROFESSIONAL DEVE.1,1aPAENT. City will budget and pay the travel and subsistence expenses of Heller for professional and official travel for meetings and occasions adequate to continue the professional development of Heller and to adequately pursue necessary official and other committees thereof which employee serves as a member, Heiler will use good judgment in her outside activities so as to not neglect her mil -nary duties to City. City will also budget for and pay the traveland,subsistenee expenses of Heller for short courses, or seminars necessary for her professional growth and for the good of City, as approved by the City Administrator, 11. GENERAL EXPENSES. City recognizes that certain expenses of a non -personal and job affiliated nature will be incurred by Heller. City agrees to reimburse or to pay said expenses, subject to approval of the City Administrator. 12, HOURS OF WORK, The position of City Clerk will require an average of over forty (40) hours per week to successfully diseharge the duties assigned, It is also understood that the position will require attendance at evening and/or weekend meetings. It is understood by Heller that additional compensation, overtime compensation, and compensatory time shall not 3 be allowed with reference to any such additional expenditures of time, It is further understood that Heller may absent herself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours subject to approval of the City Administrator. 13, AUTOMOBILE, Heller shall use her own vehicles for business use, Heller shall be paid mileage at the rate established by City to use her personal automobile for City business. City may adjust this rate from time to tirxre in conjunction with changes to Internal Revenue Service regulations, 14, `Ani " fi. P.LOYM>C. NT. Heller understands and agrees that her ernpioy►nent with the City of Little Canada continues at the will of the Little Canada City Council and, as such, may be terminated without cause, without the need to indicate a specific reason, without advance written notice, and at any time at the option of either herself or the City of Little Canada, Heller further understands and agrees that her position as an exempt employee is specifically excluded from the Personnel Policy of City and that the provisions contained in said Personnel Policy have no application to her employment, except as stated herein. All rights governing her employment relationship with City are set forth in this Agreement, 15. TI+�RMINA ION AND§EVERANCE PAY. If, prior to November 2, 2016, the City terminates Heller during such time that she is willing and able to perform the duties of City Clerk, the City will pay Heller a lump sum cash payment equal to one month of aggregate salary. Payment of the severance benefit is conditioned upon Heller's execution of a full release, in a form that is acceptable to the City, of any and all claims arising out of her employment relationship with the City. Any severance payments will be made without a matching deferred compensation payment from the City. In addition to said severance pay, 4 Heller shall be paid for any accrued PTO, However, in the event Heller is terminated because of her conviction for any illegal act involving personal gain to her, then City shall have no obligation to pay the aggregate salary and PTO as provided in this paragraph. If prior to November2, 2016, City reduces the salary or other financial benefits to Heller in a greater percentage than across-the-board reduction for all City employees, or if City refuses, .following written notice, to comply with any other provisions of this Agreement benefiting Heller, then Heller may, at her option, be deemed to be "terminated" on the date of such reduction or refusal to comply with the provisions of this Agreement, In this event, Helier shall be entitled to severance pay in accordance with this Agreement, If Heller voluntarily resigns her position with the City, Heller agrees to give City twenty-eight (28) days advance notice, If Heller voluntarily resigns her position with City, there shall be no severance pay due to Heller, except as provided for in Section 14 of the City's Personnel Policy dealing with PTO. 16. • O }iER PROYI$101yS TO AIWA. Heller shall be subject to Section 17 of City's Personnel Policy entitled "Computer Use Policy" and Section 18 "Other Information" during her tenure with City. Heller acknowledges receipt of this section as well as any other sections of the Personnel Policy previously referenced in this Agreement, 17. SVT",RABI,,I''X, If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portions thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 18, EI'IL !;CT1VE DATE. This Agreement shall become effective November 2, 2015. IN 'WITNESS WHEREOF, the City of Little Canada, by unanimous vote of its Council, has caused this Agreement to be signed and executed on its behalf of its Mayor and City Administrator, and Heidi L. Heller has signed this Agreement, in duplicate the day and year first written above, ATTEST: Joel R. Hanson, City Administrator 6 CITY OF LITTLE CANADA A MUNICIPAL CORPORATION By; John T. Keis, Mayor EMPLOYEE By: Hei i L. Heller -CII.E4111% 41SSO(U1T S Memo TO: Honorable Mayor and City Council Members FROM: Lee Elfering, City Engineer DATE: October 7, 2015 RE: County Road B2 Railroad Median The Council is well aware of the City's pursuit to enact a quiet zone along the Canadian Pacific railroad that runs north and south through the City. The proposed improvements necessary for the creation of the quiet zone include the addition of concrete medians on the east and west side of the County Road B2 crossing along with upgrades of the crossing equipment at several of the crossings in the City. The Railroad will be completing all the upgrades to the crossing equipment, but the installation of the medians at County Road B2 will be done by the City. All improvements must be completed before the quiet zone can take effect therefore we are obtaining quotes for the installation of the concrete medians. Quotes are to be received Wednesday, October 14, 2014 and we will provide an update to the council agenda packet for that nights meeting. The addition to the agenda will provide a summary of the bids received and general thoughts as to the competitiveness of the bids. If the bids are within the expected range we will likely have a recommendation for award. If you have any questions please call me at (763) 780-0450 extension 3. 10062 Flanders Court NE — Blaine, MN 55449 -- Ph: (763) 780-0450 Fax (763) 780-0452 Memo -080716 -CC (Pre-award),doo 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.ci.little-canacla.mn.us MEMORANDUM TO: Mayor Keis & Members of the City Council FROM: Joel Danson, City Administrator DATE: October 9, 2015 RE: Purchase Agreement for 30 Little Canada Road, East MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tom. Fischer Christian Torkelson ADMINISTRATOR Joel R, Hanson The owner of 30 Little Canada Road, East has indicated his desire to sell his property at that address. This property was initially targeted for acquisition in the mid 1990's as part of the Round Lake Park concept. The acquisitions process was based on voluntary sales from willing sellers. As you will recall, we conducted an appraisal of this property earlier this summer. The appraised value came in at $105,000. That is the proposed purchase price listed in the attached purchase agreement. The purchase agreement is the standard form we have utilized for a number of residential property acquisitions over the years. The goal would be to close on this property as soon as possible and include it in the demolition process for the three other properties we have acquired. Staff recommends approval of the attached agreement as presented. The owner is reviewing the agreement this weekend and we anticipate having a signed agreement returned before our meeting on October 14t1i. PURCHASE AGREEMENT THIS AGREEMENT is made as of October 14, 2015, between Joseph Tereau, a single person ("Seller"), and the City of Little Canada, a Minnesota municipal corporation ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1, Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively the "Property"). (a) Real Property. The real property and fixtures located at 30 Little Canada Road, East in the City of Little Canada, County of Ramsey, State of Minnesota and further identified by Ramsey County Property Identification Number (PIN) 06- 29-22-31-0056 and legally described as follows: Except East 7 feet of Lot 9 And All of Lots 10, 11, and 12, Block 5 of Round Lake Plat ("Land"), together with all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property"). (b) Personal Property. All of the personal property, (if any), situated in or about the Real Property owned by Seller, including the personal property described on attached Exhibit A ("Personal Property"). (c) Leases. Seller's interests as lessor in all of the leases, if any, affecting the Property. 2, Purchase Price and Manner of Payment, The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be One hundred -five thousand dollars ($105,000.00), which Purchase Price shall be payable as follows: (a) Earnest Money of $500.00 receipt of which is hereby acknowledged. (b) $104,500.00 by check on or before November 20, 2015 (the "Closing Date"). 3, Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: (a) Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. (b) Title, Title to the Property shall be acceptable to Buyer in Buyer's sole discretion, in accordance with the requirements and terms of Section 6 below. (c) Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: (i) Seller shall allow Buyer, and Buyer's agents, access to the Property without charge andat all reasonable times for the purpose of Buyer's investigation and testing of the same. Buyer shall pay all costs and expenses of such investigation and testing. (ii) Seller shall execute such applications, covenants, plat or other documents as may be reasonably required by Buyer in order to make use of the Property which Buyer intends. (d) Testing. Buyer shall have determined, in its sole discretion, on or before the Closing Date, that it is satisfied with the results of and matters disclosed by soil tests, well tests, engineering inspections, hazardous waste and environmental reviews of the Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. (f) Underground Storage Tanks. Seller shall have, at Seller's cost and expense, removed all underground storage tanks, if any, from the Property in the manner required by the Minnesota Pollution Control Agency, including any cleanup or remediation required by said agency, and shall have obtained a closing letter therefore from the Minnesota Pollution Control Agency. If any such contingency has not been satisfied on or before the Closing Date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of ternination may be given at any time on or before the Closing Date, Upon such termination, neither party will have any further rights or obligations regarding this Agreement or the Property, all Earnest Money will be retuned to Buyer, and the parties shall execute a written cancellation of this Agreement. All of the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") is planned to occur within on or before November 20, 2015 (the "Closing Date"). The closing shall take place at the office of the Company that provides the Title Commitment, or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the date of closing. Seller shall keep property insured during this period and shall assume all liability from the continued use of the property until possession is granted to the Buyer. Seller shall name the Buyer as Loss Payee for the period from the date of Closing until the date of Possession. The period during which the Seller remains in occupancy of the Property until Buyer gains possession shall be considered ownership from the Seller's perspective • pursuant to the mutual indemnification terms delineated in Provision # 12. If the closing cannot be completed by November 20, 2015, the date may be extended to a date mutually agreeable to both parties. A. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively "Seller's Closing Documents"): (1) Deed. A Warranty Deed, in form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (2) Title Policy. The Title Policy, or a suitably marked up Commitment for Title Insurance initialed by the Title Company, in the form required by this Agreement, (3) Seller's Affidavit, An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity which may be required by the Title Company to issue an Owner's Policy of Title Insurance with the standard exceptions waived. (4) FIRPTA Affidavit. A non -foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations. (5) Owner's Duplicate Certificate of Title, The Owner's Duplicate Certificate of Title, if any, regarding the Real Property. (6) IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099. (7) (8) Well Certificate. A Certificate signed by Seller indicating the presence of a well on the property. The Buyer shall be responsible for sealing this well. Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. B. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively "Buyer's Closing Documents"): (1) Purchase Price. The Purchase Price by Buyer's check. (2) Title Documents. Such affidavits of Purchaser, Certificate of Real Estate Value or other documents as may be reasonably required by the Title Company in order to record the Seller's Closing Documents and issue the Title Insurance Policy required by this Agreement. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: (a) Title Insurance and Closing Fee, Seller will pay all costs of Title Evidence, and the fees charged by Title for any escrow regarding Buyer's Objections. Buyer will pay all premiums required for the issuance of an Owner's Title Insurance Policy, (unless Seller fails to provide an Abstract or Registered Property Abstract). Buyer will pay any reasonable and customary closing fees or charges imposed by any closing agent designated by the Title Company. (b) Deed Tax, Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement, Real Estate Taxes and Special Assessments. Seller will pay on or before the Closing Date, all special assessments levied, pending, or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of special assessments including interest payable with general real estate taxes in the year of Closing. General real estate taxes and installments of any other special assessments payable in all years prior to the year of Closing will be paid by Seller. General real estate taxes payable in the year of Closing shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar year. Seller shall pay all deferred real estate taxes or special assessments which may become payable as a result of the sale contemplated hereby, If the amount of such general real estate taxes and installments of special assessments payable therewith cannot be determined on the Closing Date, Seller will deposit with the Title Company, from the Purchase Price, an amount equal to 110% of the most current estimate of such taxes and special assessment installments, assuming for estimating purposes that the Real Property will be fully assessed, Such deposit will 1?e held in escrow and all interest earnings on such deposit will be paid to Seller, The Title Company will retain such deposit to pay Seller's share of the actual general real estate taxes payable in year of Closing and installments of special assessments including interest payable therewith, paying any excess over to Seller, Seller will pay any deficiency, when such general real estate taxes and installments of special assessments including interest payable therewith are known. (0) (d) Recording Costs. Seller will pay the costs of recording all documents necessary to place record title in the condition warranted in this Agreement. Buyer will pay the cost of recording all other documents, (e) Other Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Possession Date, so that Seller pays that part of such (f) other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. Attorney's Fees. Each of the parties will pay its own attorneys fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller shall within fifteen (15) days after the date of this Agreement, furnish the following (collectively the "Title Evidence") to Buyer: (1) Title Evidence. If the Real Property is abstract property, Seller shall deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. If the Real Property is registered property, Seller shall deliver to Title or Buyer a Registered Property Abstract to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. In lieu of an Abstract or a Registered Property Abstract Seller may, at its cost, provide a Commitment for an ALTA Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, appurtenant easements, and such other matters as may be identified by Buyer, in the amount of the Purchase Price, The Seller shall provide the Buyer with copies of all documents referenced in the Title Commitment, Abstract of Title, or RPA. Title evidence shall also include all surveys of the property prepared either on behalf of the Seller or Buyer, (b) Buyer's Objections. Within ten (10) days after receipt of the last title evidence, Buyer will examine the title to the property and make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have up to thirty (30) days after receipt of the Objections to cure the Objections, during which period the Closing Date will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 30 -day period, Buyer will have the option to do any of the following: (1) Terminate this Agreement. (2) Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. (3) Waive the Objections and proceed to close. 7, Operation Prior to Possession. During the period from the date of Seller's acceptance of this Agreement to the Possession Date (the "Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Possession Date, without the written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by Seller. Seller, to the best of their knowledge, represents and warrants to Buyer as follows: (a) Title to Property. Seller will convey title to Property at closing free and clear of all encumbrances except the Permitted Encumbrances identified on Exhibit B attached hereto(the "Permitted Encumbrances"), This provision ensures that the Seller will pay all outstanding liens and judgments, known or unknown and those filed against the property as of the date of closing. (b) Utilities, Seller has received no notice of actual or threatened reduction or curtaihnent of any utility service now supplied to the Real Property. Environmental Laws, No toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polycholorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to (i) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 6901 et (0) seq., or any similar state law or local ordinance, (ii) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (iii) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., or the Clean Air Act, 42 U.S.C. § 7401 et sen., or any similar state law or local ordinance. There are no substances or conditions in or on the Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 11 SB ("MERLA") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat, 115C. No part of the Property is a "Wetland", as defined by law. Seller has disclosed to Buyer all environmental reports and studies with respect to the Property which are in Seller's possession. (d) Rights of Others in Property. Seller has not entered into any other contracts for sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. There are no outstanding leases, either written or oral, allowing any party to occupy the property. That to the best of the Seller's knowledge, there are no other parties claiming a right or title to the property. Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. FIRPTA. Seller is not a "foreign person", foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. Wells. The Seller certifies and warrants that there is a well on the property within the meaning of Minnesota Statutes. Storage Tanks. To the best of Seller's knowledge, there are no above ground or underground tanks located in or about the Property. (k) All sewage generated by the property goes to a permitted Sewage Treatment Facility. (1) Seller hereby represents that the property will be generally cleaned of debris, refuse, and waste prior to closing. Any items or materials disposed of by Seller related to the preparation for this transaction shall be done in a manner conforming to the laws of the State of Minnesota, Ramsey County, and the City of Little Canada. (m) Seller hereby represents that to the best of Seller's knowledge the production of methamphetamine has not occurred on the Property. (n) Buyer hereby acknowledges receipt of lead paint disclosure information. (o) Buyer hereby waives all disclosures required by Minn. Stats. 513.52-513.60. 9. Damage, If, prior to the Closing Date, all or any part of the Property is substantially damaged by fire, casualty, unforeseen elements or any other cause, Seller shall assign to Buyer the proceeds of all insurance payments due that are rotated to such damage and the Purchase Price shall remain the same. 10. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 11. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction. Both parties agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorney's fees. 12. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of possession. Such rights to indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 13. Assignrnent. Either party may assign its rights under this Agreement before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 14. Survival. All of the terms of this Agreement will survive and be enforceable after the Closing. 15. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering it personally to Buyer; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by mailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Joseph Tereau % Ann Judd 95 Old County C, East Little Canada Road, MN 55117 If to Buyer: City of Little Canada Attn: City Administrator 515 Little Canada Road, E. Little Canada, MN 55117 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified ten (10) days prior to the effective date of such change. 16. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 17. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 18. Binding Effect. This Agreement binds and benefits the parties and their successor and assigns. 19. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 20. Remedies. If Buyer defaults under this Agreement, the Seller's sole remedy shall be termination of this Agreement pursuant to Minn. Stat. 559.21. In the event the Seller defaults under this Agreement, the Buyer shall have the right to terminate this Agreement pursuant to Minn. Stat. 559.21 or bring an action seeking specific performance of the Agreement. 21. Waiver of Relocation/Voluntary Sale. Seller acknowledges this transaction is occurring on a voluntary basis. Seller further agrees that no persons) will be displaced or relocated as a result of any purchase by the Buyer. Seller waives any rights they may have under the Uniform Relocation Act of 1970, and the regulation adopted pursuant thereto by the United States Department of Housing and Urban Development, and any applicable Minnesota law relating to relocation. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: Joseph Tereau By; BUYER: City of Little Canada By: Its: Mayor By: Its: City Administrator EXHIBIT A - PERSONAL PROPERTY Personal property does not include any of the items located on the premises and owned by Seller which shall be removed by Seller, at their discretion, prior to granting possession to Buyer as provided for in this agreement. Title to any personal property remaining on the property after Buyer assumes possession shall be deemed vested in the Buyer. It is further understood. that Seller shall remove any debris or junk from the property prior to possession by the Seller. The property shall be left in a reasonably clean state, much as if it were to be occupied by Buyer. Seller shall not damage the structure in any way due to their vacation of the premises. EXHIBIT B - PERMITTED ENCUMBRANCES NONE Litt1e uanada 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.ci.little-canada.mn.us MEMORANDUM TO: Mayor Keis & Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 9, 2015 RE: Revised Development Agreement — 2955 & 2957 Arcade Street — Roger Berres MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson ADMINISTRATOR Joel R. Hanson Staff met with Mr. Berres to see if we could resolve the concerns he expressed at the Council Meeting of August 26th. Based on that discussion the attached development agreement was prepared. The changes from the earlier draft are noted in red with the major modifications as follows: • The initial work scope prepared by Housing Resource Center is being termed "preliminary". Upon execution of this agreement, staff and Mr. Berres will meet with HRC to prepare a final work scope to govern the project. • The City will pay 50% of the cost of the HRC contract (estimated at $3,175). Paying this amount meets the public purpose test by avoid legal expenses should Mr. Berres sue the City over not being able to rent the property or if the City sues Mr. Berres for illegal rental or construction activity. Plus, we improve the property to ensure it is not a blighting influence on the neighborhood given past comments by neighbors. We are also eliminating potential safety and health issues associated with the property given past code enforcement actions. Finally, we should also be minimizing staff time associated in . resolving this issue. Taking this action is non -precedent given the unique circumstances of this situation. • Mr. Berres will not be allowed to interfere with contractors on the job or retain his own contractors without the coordinating with HRC. Interference by Owner will be grounds for cancelling the agreement and loss of two-family home status. • An escrow deposit will be made based on the format presented in Exhibit D. Numbers will be revised based on the approved work scope. • Two family home status will not be granted until the completion of the rehab work and Mr. Berres must obtain a rental license for the one unit after completion but before rental. Staff is attempting to conduct a final review of this document with Mr. Berres prior to Wednesday's meeting. Ideally, he will have executed a copy of this document by that time. The City Attorney has also reviewed the revised document and approved it as to form. As a result, staff recommends approval of the revised development agreement as proposed. cc: Roger Berres 10/14/15 DEVELOPMENT CONTRACT THIS AGREEMENT, MADE THIS day of , 2015, by and between the City of Little Canada, a municipal corporation of the State of Minnesota (hereinafter referred to as the "City") and Roger Berres, a single person, hereinafter referred to as "Owner". WITNESSETH: WHEREAS, Owner is in title to the property located at 2955 & 2957 Arcade Street, hereinafter "The Property", situated in the City of Little Canada, County of Ramsey, State of Minnesota. The legal description of The Property is as follows: Subject To Road & Easements; The S 75 Ft Of The N 2094.81 Ft Of E 191.4 Ft Of Lot 13, Auditor's Subdivision No. 43. WHEREAS, The Property was granted a conditional use permit on October 28, 1981 for construction of a two family home. WHEREAS, Owner lives in one of the units at The Property (2957 Arcade). WHEREAS, Owner acknowledges that he allowed the "duplex" status of The Property to lapse for over one year from the period of December of 2012 to June 30th, 2014 as is documented by the City's letter to Owner attached hereto as Exhibit A. WHEREAS, Owner has appealed the lapsed use determination to the Little Canada Board of Adjustment and Appeals based on his letter received by the City on June 22, 2015 and attached hereto as Exhibit B .B. WHEREAS, Owner has indicated his desire to bring both units into compliance with the Minnesota Building Code and to make other improvements to The Property to improve its appearance and livability. That work is henceforth referred to as "The Rehabilitation Project". WHEREAS, Owner has allowed an inspector from the Housing Resource Center to conduct an inspection for the purposes of developing a work scope for rehabilitation of The Property and a cost estimate for same The preliminary work scope is attached as Exhibit C and the cost estimate as Exhibit D. WHEREAS, the Little Canada Board of Adjustment and Appeals is willing to consider re-establishment of "duplex two family status" for the Property subject to the Owner entering into this agreement. WHEREAS, the length of this agreement shall be from date of signature of the parties until completion of The Rehabilitation Project on or before September 1, 2016. NOW THEREFORE, the City and Owner agree as follows: 1. The preliminary work scope for rehabilitation of The Property is attached hereto as Exhibit C. Owner and City shall work with Housing Resource Center to modify work scope in a manner that ensures compliance with the Minnesota Building Code as well as the desires of the Owner for the end product. Upon completion of that review, a final work scope shall be prepared by Housing Resource Center and N no further modifications to this work scope may be made by Owner without the written consent of the City and evidence of adequate financing by Owner. (Note: Adequate Financing is defined as an increase in the deposit amount equal to a documented quote by a reputable contractor skilled in the work to be undertaken plus an additional 10% contingency fee.) Items indicated in red on Exhibit C are those the Owner may choose to do himself. If Owner undertakes those items, he agrees to complete them in a timely fashion as established by Housing Resource Center to ensure coordination with other contractors working on the rehabilitation project. 2. Owner acknowledges the need to obtain a building permit for the rehabilitation work to be undertaken. He further acknowledges the City's Building Official shall also be 2 Berres Development Contract inspecting the rehabilitation work to determine compliance with the Minnesota State Building Code. Owner agrees to abide by the Building Official's determination of any code corrections identified during the course of the rehabilitation work and acknowledges that the Building Official's judgment is final. 3. Owner agreess to retain Housing Resource Center to act as general contractor on the job. The cost for all oversight services to be performed for the Rehabilitation Project shall at -an adde-d cost of $3,175 and be split 50/50 between Owner and City. : : - : : ho -se services and the initia No outside contractors are to be retained by Owner without the approval of the Housing Resource Center. All contracts for the rehabilitation work on The Property shall be processed by Housing Resource Center. Housing Resource Center shall be responsible IRS -1099 reporting. Owner agrees to not interfere with contractors retained by Housing Resource Center. Should Owner have any performance concerns with work performed by Housing Resource Center contractors, Owner shall discuss them with only the designated representative of Housing Resource Center. Any interference by Owner with Housing Resource Center contractors shall be grounds for cancelling this agreement and Loss of the possibility of duplex status. 4. re worl ork; Owner agrees to deposit an amount adequate to fund the final work scope. That amount shall be determined utilizing the methodology as indicated in Exhibit D. The deposit amount shall be held • in a joint account with City for purposes of ensuring adequate financial resources are available to complete the agreed upon work scope for The Property. (T -he calculation of the depcssrt-amount is attached as Exhibit D.) Furthermore, Owner shall provide evidence of purchases for the materials to be applied to this job as defined by the attached work scope. A deduct will be made for owner supplied materials based evidence of purchase and approval by the Housing Resource Center for applicability of same. If said evidence is not provided, then the deposit amount shall be increased the amount of by $6,600 ( the materials 3 Berres Development Contract estimate plus 10%). No payments shall be made to Owner during the course of the project for Owner supplied labor. 5. Withdrawals from the deposit account may only be made by check and after Housing Resource Center provides City with invoices for work completed pursuant to the approved work scope and appropriate lien waivers. Any checks written on the account shall require signatures from both the Owner and the City. Once the rehabilitation project is fully complete, any remaining funds shall be the sole property of the Owner and the City shall promptly assist in releasing its interests in the account. In the event that the deposit amount is inadequate to complete the project, the Owner shall deposit any projected shortfall within 10 days' notice from the City based on documentation received from Housing Resource Center. If funds are not deposited by the required date, this agreement becomes void and Owner will not regain two-family status for The Property. Owner shall also be liable to Housing Resource Center for any unpaid Owner amounts owing under any contract that exists between Owner and Housing Resource Center. 6. The Owner agrees to have project fully completed by no later than September 1, 2016; at which time duplex two fin status shall be re-established for The Property. Failure to complete the project by that date shall result in the voiding of this agreement. Owner acknowledges that he shall not have any further rights to re-establish the duplex two family dwelling status for The Property if compliance with this agreement is not adhered to. This completion date may be altered only by written agreement between Owner and City. It is also understood by Owner that completion may occur earlier than the stated date subject to requirements of Housing Resource Center associated with coordination of contractors working on the rehabilitation project. 7. Owner acknowledges that a rental license is needed for any unit not occupied by him. Upon completion of the terms of this agreement, Owner shall complete all steps necessary for a rental license pursuant to Little Canada Ordinance Chapter 3200 and further acknowledges 4 Berres Development Contract that he is not eligible for a rental license until full compliance with this agreement is attained. No rental of any portion of The Property shall occur until a rental license is obtained. 8. The Owner, his agents, heirs, successors, or assigns shall have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from the rehabilitation project contemplated by the agreement or for the Owner's failure to complete said project in compliance with this agreement, relevant codes and ordinances. The Owner, his agents, heirs, successors, or assigns agree to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions of the Owner, or his agents or contractors. 9. This Development Contract cannot be assigned or transferred without prior written approval of the City. 10. Any breach of the terms of this Agreement by the Owner shall be result in the loss of negate the return of duplex two family home status to The Property. 11. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this Contract. 12. The Owner shall reimburse the City for all costs incurred by the City in defense or enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 13. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 14. The action or inaction of City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 5 Berres Development Contract 15. This agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. All terms and conditions contained herein shall run with the land and shall bind the Owner, his successors and assigns. 16. Required notices to Owner shall be in writing and shall be either hand delivered or mailed by certified mail, to the following address: Roger Berres 2957 Arcade Street Little Canada, MN 55117 17. Required notices to the City shall be in writing and shall be either hand delivered or mailed by certified mail, in care of the city administrator, to the following address: City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 IN WITNESS WHEREOF, the parties have set their hands to this Contract on the date stated above. CITY: City of Little Canada By: By: John T. Keis, Mayor Joel R. Hanson, City Administrator OWNER: By: Roger Berres 6 Berres Development Contract STATE OF MINNESOTA } } SS COUNTY OF RAMSEY } The foregoing instrument was acknowledged before me this day of , 2015, by John T. Keis, as Mayor, and by Joel R. Hanson, as City Administrator, of the City of Little Canada, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA} } SS COUNTY OF RAMSEY } The foregoing instrument was acknowledged before me this day of , 2015, by , a single person and the Owner of 2955 and 2957 Arcade Street in Little Canada, Minnesota. Drafted By: CITY OF LITTLE CANADA 515 E. Little Canada Road Little Canada, MN 55117 651-766-4029 7 Notary Public te atnada 515 Lin] .e Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAX: (651) 766-4048 www.ci.iittle-canada.mn.us MEMORANDUM TO: Mayor Keis and Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 9, 2015 MAYOR John Keis COUNCIL Rick Montour Michael McGraw Tom Fischer Christian Torkelson ADMINISTRATOR Joel R. Hanson RE: Call for Public hearing to Consider Granting a Cable Franchise to Century Link The North Suburban Cable Commission (NSCC) has recommended approval of a franchise agreement with Century Link. All nine member cities must hold a public hearing as well as adopt a franchise agreement as part of the process. Based on initial conversations with the NSCC Executive Director and the NSCC Attorney, it appears we can call for the hearing which would then be held at the October 28, 2015 Council meeting. Once the hearing is held, at least seven days must elapse before we can approve the franchise agreement. 1 would anticipate that the approval of the franchise agreement would occur at the November 9t11 Council meeting. The NSCC Attorney is preparing a hearing notice. That notice will be included in the Additions to the Agenda for Wednesday's meeting.