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Item No: 9 Meeting Date: Jan 5, 2004 Type of Business: Worksession Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Review Conditions Associated With Resolution 5527 and Discuss Potential Code Amendments Background: On February 26, 2001, the City Council approved Resolution 5527, a resolution authorizing the development of a small commercial parcel at the southwest corner of County Road I and Greenfield Avenue. The original approval allowed for a two-level office building with a 2,004 square foot foundation at 2402 County Road I. While modifications and amendments were requested and approved for the development, what was ultimately constructed was a two- level office building with a 2,004 square foot foundation as originally intended. Discussion One of the original conditions of the approval was that the garbage was to be stored inside the building. This was not a condition that the Commission or the Council necessarily desired, the property owner at the time—Tony Mezzenga—indicated that it was his preference to keep the garbage inside. Given the limited greenspace on the site, the Commission and Council agreed and added the condition to the resolution. After the building was constructed, the property was sold to Mr. Stephen Farrell. Mr. Farrell had been unaware of the garbage provision even though it was clearly called out in the original resolution of approval. Mr. Farrell indicated that even if he wanted to keep the garbage inside, he could not as there was not sufficient room or space to do so. Mr. Farrell petitioned the City Council to have the condition removed and on July 14, 2003, the Council unanimously approved a motion to uphold the condition. Following the Council action, correspondence took place between this office and Mr. Farrell regarding the garbage issue and after repeated requests for compliance, a Ramsey County Court Citation was issued in Mr. Farrell’s name. The matter was before the Court on November 18, 2003 and the charge was dismissed so long as there was no reoccurrence of the violation. Two weeks later staff notified the prosecuting attorney Tom Hughes that the garbage cans remained outside in violation of the court order and Res. 5527. It was at this point staff was advised that the City could not seek resolution through a criminal procedure, as the City Code does not prohibit garbage cans outside. Furthermore, the attorney advised that our Code did not have any language that would identify a violation of a development review resolution as a misdemeanor and, additionally, any violations of development agreements entered into by the City could neither be pursued criminally.