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HomeMy WebLinkAboutAgenda Packets - 2014/07/28CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 28, 2014 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation from Carol Jackson, Manager of the Mounds View Branch Ramsey County Library 7. COUNCIL BUSINESS A. 7:00 Public Hearing, Resolution 8283, Approving a Development Review & Developer’s Agreement for new construction on vacant land on County Road 10, west of Woodale Drive; Developer: Build to Suit, Inc. for BioLife Plasma Services B. 7:00pm Public Hearing, Second Reading & Adoption of Ordinance 888, Amending Title 1100 by Adding Chapter 1128, County Road 10 Corridor Overlay District (Roll Call Vote) C. Resolution 8275, Approving a Developer’s Agreement for Longview Estates D. Resolution 8284, Consideration of an Appeal for a Variance Denial for a Second Curb Cut at 7800 Groveland Road E. Resolution 8286, Consideration of a Tobacco Business License to Babelon, Inc., Doing Business as Sam’s Food Market, Located at 2408 County Road I F. Resolution 8282, Approving a Revised Job Description and Authorizing to Advertise for the Police Support Specialist Position G. Second Reading of Ordinance 889, Revising Chapter 512 of the Mounds View City Code Pertaining to Cigarette and Tobacco Products (Roll Call Vote) 8. CONSENT AGENDA A. Resolution 8287, Appointing Gary Lee Rundle to the Parks, Recreation and Forestry Commission 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - None Mounds View City Council Agenda Monday, July 28, 2014 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, August 4, 2014, at 7pm Next Council Meeting: Monday, August 11, 2014, at 7pm 13. ADJOURNMENT Item No: 7A Meeting Date: July 28, 2014 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor & City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing – Resolution 8283, Consideration of a Development Review & Developer’s Agreement for a new building for BioLife Plasma Services, on north side of County Road 10, west of W oodale; Planning Case DE2014-001 Introduction: BioLIfe Plasma Services has been located in Mounds View for several years and is currently leasing space at 2222 Woodale Drive, in the Mounds View Business Park. They now want their own building and have a purchase agreement to buy the vacant land on the east side of the Mounds View Motors car dealership on County Road 10. Multi-Tech is the owner of the vacant land. Build to Suit, Inc. is the developer for this site and is requesting a development review for a new 16,692 square foot building to be built on the south side of the site, fronting County Road 10. They will be creating two lots from the land they are purchasing and will sell the north lot in the future. A major subdivision application will be submitted in the coming weeks. A new building will allow the company to continue its success in Mounds View and the north metro. Discussion: The land to be developed is 3.68 acres and zoned PUD, Planned Unit Development. It should be noted that the property is zoned PUD, but this is not a planned unit development project. It does not qualify as a PUD because the land area is less than the required five acres for a commercial PUD, but it will remain zoned PUD. The additional 2.78 acres will be left vacant and sold in the future. BioLife is a plasma collection facility and the building will essentially be a medical clinic. They have numerous locations around the United States and currently have five locations in Minnesota. BioLife has been in Mounds View since 2004 and currently has about 40 full-time employees and 72 customer donation beds. They plan to add about 30 employees and will be able to serve more customers in the new building. They have had to control growth because there is not enough parking at their current location. Building Design & Materials This new construction will be a single story commercial building. The exterior will be brick and limestone on all four sides with glass and aluminum architectural accents on the roof. All rooftop units will be either screened or hidden by the architectural accents. The main entrance will face County Road 10 Parking According to the City’s parking code requirements, a medical clinic this size would be required to provide a minimum of 150 spaces and the site plan shows 169 spaces. BioLife is aware of their higher parking needs and is ensuring that there are enough spaces for their employees and customers. Development Review for BioLife July 28, 2014 Page 2 Access The site plan shows a right in/right out-only access on County Road 10 which will need approval from Ramsey County. There is also a driveway leading through Multi-Tech’s parking lot and out to Woodale Drive, along with a driveway leading north to County Road H2. Multi-Tech has not agreed to the shared access through their property and it’s not likely that they will. There will be easements dedicated on the plat for any shared driveways. Setbacks Building setback requirements for this property are as follows: front: 30 feet, side: 10 feet, rear: 20 feet, front parking area: 30 feet, side and rear parking area/driveway: 5 feet. The site plan shows that all required setbacks would be met. Grading and Drainage The applicant’s engineer has submitted an application to Rice Creek Watershed District for this new construction. The City’s Public Works department and engineer consultant, Stantec, are also reviewing the grading and drainage plans. When the property to the east of this site, Multi-Tech, was developed In 1988, a storm water pond was built and was designed large enough for full build-out on both Multi-Tech’s property and the subject vacant land. The stormwater from this development will go into this pond, but the new rules now require an infiltration area for the stormwater before it enters the pond. This basin will be along the front of the property, near the pond. At this time, the engineers are waiting for additional comments from Rice Creek Watershed District, and plan to be on their August board meeting agenda. There are no wetlands on this land. Utilities: All utilities on the site would need to be installed underground, per Section 1203.10. Water and sanitary sewer lines are already present on the north and east sides of the site. The utilities to the building would be installed and paid for by the developer. Landscaping The vacant land is currently somewhat wooded, but it appears to be mostly trees with little value except for one tree in front along County Road 10 that the plan indicates will be saved. A landscaping plan was submitted and will be reviewed for compliance with Chapter 1127, Tree & Landscaping Requirements. Signage According to Chapter 1008 of the City Code, this development is permitted to have up to 200 square feet of ground signage and 100 square feet of wall signage. Staff will review all signage permits to ensure consistency with the City Code relating to signage. Snow Storage There are areas on the site in which snow may be plowed and piled in the winter. If the plowed snow reduces parking on the site or detracts from the general appearance of the site, the property owner will be responsible for off-site snow removal. Development Review for BioLife July 28, 2014 Page 3 Development Review Summary: The proposed commercial use on these parcels would be consistent with the City’s Comprehensive Plan, and would bring new development and tax base to the site. The three possible roads (County Road 10, Woodale Drive and County Road H2) that could provide access to this site can accommodate the additional traffic. The developer’s agreement ensures all of the specific requirements and conditions of development are satisfied and adhered to. Recommendation: Review the staff report and consider attached Resolution 8283, which approves the plans submitted by Build to Suit, Inc. and the Developer’s Agreement for a new commercial building for a BioLife Plasma Services facility. Submitted By, Heidi Heller Planning Associate Attachments 1. Zoning Map 2. Aerial View 3. Narrative from Applicant 4. Site Plan 5. Building Elevation drawings 6. Concept drawing of new BioLife buildings 7. Developer’s Agreement 8. Resolution 8283 Zoning Map N Multi-Tech BioLIfe & Eurofin & UL County Road H2 Mounds View Motors Aerial View Development area 3.68 acres County Road 10 2.78 acres to remain vacant Woodale Drive Narrative from Applicant Site Plan Existing stormwater pond Multi-Tech parking lot & building Building Elevation Concept drawing of new BioLife Plasma Services buildings DEVELOPERS AGREEMENT by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation, and BUILD TO SUIT, INC. a Minnesota Business Corporation This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 DEVELOPMENT AGREEMENT THIS AGREEMENT is made this _______ day of ___________________, 2014, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the “City”), and BUILD TO SUIT, INC., a Minnesota Business Corporation, (the “Developer”). Recitals A. The Developer has a purchase agreement for certain real estate located in Ramsey County, Minnesota, legally described as Sec 08, Tn 30, Rn 23, Ex N Ft For Co Rd H2 Park Of NW ¼ of NW ¼ of SE ¼ Nely Of L Par With And 150 Ft Nely From Cl Of Sth 10/62 And Part Of SW ¼ Of NW ¼ Of SE ¼ Nely Of L Park With & 150 Ft Nely From Cl Of Sth 10/62 (Subj to Rd & Esmts) in Sec 08, Tn, Rn 23 PIN’s 08-30-23-42-0001 and 08-30-23-42-0012 (hereinafter referred to as the “Property”). B. The Developer shall construct on the Property improvements consistent with the final construction plans dated ______________________, 2014. C. The Developer has requested that the City approve a major subdivision for the property. D. As a prerequisite to the approval of the subdivision, the City Council requires the Developer to agree to the construction of certain improvements pursuant to this Agreement for the orderly development of the Property. E. The Developer is financially responsible for the construction costs to develop the Property involving private and public improvements as required by City ordinance and described in Article 2 referred to as the “Improvements”. 2 Agreement In consideration of each party’s promises as set forth in this Agreement, it is mutually agreed as follows: 3 ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and Warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The City assures the Developer that the individuals who execute this Agreement on behalf of the City are duly authorized to sign the same on behalf of the City and to bind the City thereto. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer is BUILD TO SUIT, INC., a Minnesota Business Corporation. B. The Developer has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The Developer assures the City that the individuals who execute this Agreement on behalf of the Developer are duly authorized to sign on behalf of the Developer and to bind the Developer thereto. C. The Developer is not in default under any lease, contract, or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. D. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances and regulations including, without limitation, any permits, licenses and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property or the Improvements. The Developer is not aware of any pending or threatened claim of any such violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees that it has and shall at all times comply with each and every provision of the City’s subdivision, zoning, and other related municipal code regulations. E. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting the Developer or Property. The Developer is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. 4 G. The Developer has sufficient funds or has obtained a commitment for financing in an amount adequate to finance construction of the Improvements. 1.03 Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. 5 ARTICLE TWO CONSTRUCTION OF IMPROVEMENTS 2.01. Agreement to Construct Improvements. The Developer agrees to the construction of the Improvements required by City Ordinance for development of the Property. The Improvements are more fully described in this Article and on the construction plans, preliminary plat, and specifications approved by the City (the “Plans”). The Developer or its agent must file a final copy of the Plans with the City before starting the construction of the Improvements. All labor, materials, and work performed by the Developer or its contractor for construction of the Improvements will be performed and completed to industry standards and in strict conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. Construction for the Improvements shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 2.02 Designation of Improvements. Improvements to be constructed by the Developer or its agents at Developer’s expense as generally described below and detailed on the Plans are hereinafter referred to as “Improvements”. A. Public Improvements: The following Improvements to be constructed by the Developer or its agents at Developer’s expense, and will be owned and maintained by the City after development is completed and work is accepted. 1. Water main piping, valves, and appurtenances located in City Rights-of-way and easements for the purpose of extending municipal water supply to the Property. 2. Sanitary sewer trunk sewer and manholes located in City Rights-of-way and easements for the purpose of extending municipal sanitary collection to the Property. 3. Any approved modifications to City-owned stormwater conveyance, ponding, and treatment systems located in City Rights-of-way and easements. 4. Concrete curb and gutter on County Road H2 involving removal and replacement with similar curb and gutter design with appropriate curb cuts for the purpose of providing vehicular access to the Property. Patch street to Public Works Standards. 5. Bituminous trail in north boulevard of County Road 10 involving removal and replacement to original construction condition for the purpose of accommodating vehicular access to the Property. 6. Turf restoration and other related and miscellaneous work in City Rights-of-way and easements to accommodate the Improvements. B. Private Improvements: The following Improvements to be constructed by the Developer or its agents at Developer’s expense, and will be owned and maintained by private property owners after development is completed and work is accepted. 6 1. Commercial building of approximately 17,000 square feet with associated parking lot and access drives. 2. Site preparation for proposed building, parking lot, and access drives involving tree removals, grading, drainage, earthwork, and turf establishment. 3. Water and sanitary sewer utilities to serve the proposed commercial building needs involving trenching, piping, appurtenances, and connections to utilities constructed under Public Improvements. 4. Stormwater conveyance, ponding, and treatment systems involving storm sewer piping, drainage structures, and other stormwater management facilities for rate control and treatment of stormwater runoff. 5. Landscaping for the development site involving planting and establishment of trees, shrubs, plants, turf, and other vegetation. 6. Iron monuments shall be placed under the direction of a Professional Land Surveyor licensed by the State of Minnesota at all lot and block corners and at all other angle points on boundary lines. Monuments shall be installed after all major grading is complete and marked with a fence post in order to preserve the lot markers for use by future property owners. 7. Remove all abandoned structures, dead and dying trees, unsightly and invasive vegetation, and all other debris from the development site. C. General Requirements for Constructing Improvements: The Developer and its agents at Developer’s expense must meet the following requirements during construction of the improvements. 1. Install, maintain, and inspect sediment and erosion control devices in accordance with the Plans, City Standards, and regulatory requirements. Assign qualified person responsible for overseeing site management of sediment and erosion control during construction duration. Provide records of inspection and maintenance to City when requested. Remove all sediment and erosion control devices upon site establishment. 2. All public streets and private driveways shall remain open and unobstructed during construction duration. Traffic control shall be in-place to warn motorists of any hazards. Employ measures to protect street pavement and curbing from damage, including limiting the number of access points from the street to the site. Street pavements and curbs shall be maintained and free of dirt and debris at the end of each day and prior to significant rainfall events. Streets shall be swept within 24 hours after notification by City. The City may perform street sweeping at Developer’s expense in the event that streets are not swept within this time constraint. 7 3. Haul routes on public streets shall be designated by the Director of Public Works. Developer and its agents must comply with these routes. Failure to comply may result in a stop work order and other enforcement actions. 4. Before commencing construction of the Improvements, the Developer and its agents shall participate in a pre-construction meeting with the City to review and resolve any issues involving the construction of the Improvements. Developer shall submit a construction schedule, list of contractors, and other contact information including an emergency contract. 2.03 Permits and Fees. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional, County, and local jurisdictions before commencing construction of the Improvements, including full payment of all applicable permit and development fees. Copies of permits shall be kept on-site at all times during construction operations. The following permits and fees shall be obtained and paid before commencing construction of the Improvements: A. Stormwater Permit - Rice Creek Watershed District: Obtain stormwater permit with full approval or CAPROC (Conditional Approval Pending Receipt of Changes) prior to applying for City permits. Provide City with copy of permit approval letter. B. NPDES Construction Stormwater Permit – Minnesota Pollution Control Agency: Required for land disturbance activities affecting more than one acre. Provide City with copy of permit approval letter. C. Right-of-Way Permit - Ramsey County: Required for construction activities in public Rights-of-way under jurisdiction of Ramsey County for access onto County Road 10. Apply for permit with Ramsey County Public Works Department and pay applicable fees. D. Land Disturbance Permit – City of Mounds View: Required for grading activities on the site and sediment and erosion control enforcement. Apply for permit with Public Works Department and pay applicable fees. E. Right-of-Way Permit – City of Mounds View: Required for construction activities in public Rights-of-way under jurisdiction of City, including excavation, obstructions, curb and gutter, and patching streets. Permit will cover site access from street and use of municipal streets for hauling operations. Apply for permit with Public Works Department and pay applicable fees. A restoration security deposit is required for permit issuance to cover restoration costs to public infrastructure during construction of the Improvements. F. Building Permit – City of Mounds View: Required for construction of building, parking lot, landscaping, and other site development components. Apply for permit with Community Development and pay applicable fees. 8 2.04 Easements: Before approval of the final plat, and at any time determined necessary by the City therefore, the Developer shall dedicate to the City, at no cost, all temporary easements necessary for the construction of the Improvements as determined by the City. All such easements required by the City shall be provided on City easement documents, containing such terms and conditions, as the City shall determine. All permanent easements necessary for the installation and maintenance of the Improvements shall be shown on the final plat and be granted to the City upon recordation of said plat. After recordation of said plat, the Developer shall provide on an amended final plat to the City, additional easements necessitated by changes to utility or grading design and such easements shall be granted to the City upon recordation of said plat. 2.05. Time for Developer's Performance: General Provision. The Developer agrees that it will commence work on the Improvements no later than 30 days after the date of the City issuing the permits and shall complete the Improvements no later than eighteen (18) months after the date of permit issuance. In the event of a “phased” construction schedule, each phase shall be subject to its own timeline based upon the date of issuance of the building permit. The City may, at its discretion, extend the timeline specified in this Section 2.03 upon receipt of written notice from the Developer of the existence of causes that will delay the completion of the Improvements if such causes are ones over which the Developer has no control and which could not have been reasonably foreseen by the Developer. If the City grants an extension of the date of completion of the Improvements, the Developer must continue the performance bond required by this Agreement to cover the work during the extension of time. 2.06. Additional Work or Materials. Construction of the Improvements shall be done by the Developer. The Improvements shall be constructed at no expense to the City. The Developer shall not do any work or furnish any materials for which reimbursement is expected from the City, unless such work is first ordered and reimbursement is approved by the City. Any work or materials that is done or furnished by the Developer without prior written order is furnished at the Developer’s risk, cost and expense, and the Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 2.07. Financial Guarantee. Prior to commencement of construction of the Improvements, the Developer agrees to furnish the City a performance bond, certified check, certificate of deposit, irrevocable letter of credit from a bank or cash escrow in the amount of $20,000 to guarantee construction of the Improvements and satisfaction of this Agreement (the “Financial Guarantee”), as determined by the Director of Public Works. Upon failure of Developer to perform, the City may declare the Developer to be in default under this Agreement and, upon failure of the Developer to cure the default within 30 days of written notice, may demand the Financial Guarantee be paid over to the City. From the proceeds of the Financial Guarantee, the City shall be reimbursed for any attorneys’ fees, engineering fees or other technical, administrative or professional assistance, and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City in the event that the Financial Guarantee is inadequate to reimburse the City for its costs and pay for the completion of the Improvements. The bank and form of Financial Guarantee shall be subject to the approval of the City. The Financial Guarantee shall be automatically renewable until the City releases the Developer from responsibility. The Financial Guarantee shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the Financial Guarantee without 9 notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developer’s default(s) within thirty (30) days of receiving notice provided however if the Developer commences to cure within said thirty days, the time to cure shall be extended for a reasonable time not to exceed 60 days; the City may draw on the Financial Guarantee provided funds are used to complete the Improvements. With City approval, the Financial Guarantee may be reduced from time to time as financial obligations are paid and Developer- installed Improvements completed to the City’s requirements. Upon completion of the Improvements and passage of any required inspections and final acceptance of the Improvements by the City pursuant to this Agreement, absent any default of the Developer, the Financial Guarantee may be terminated. In the event the City does not recover its costs for completing the Improvements under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Improvements. 2.08. Insurance. The Developer shall purchase, maintain, and furnish proof of liability insurance in an amount of at least $1,000,000, acceptable to the City, covering any public liability or property damage due to the operation of the Developer's equipment or laborers in connection with the Improvements. Developer agrees to keep the insurance in force at all times during construction of the Improvements and until acceptance thereof by the City. The insurance must name the City as an additional insured on a primary basis and must provide that the insurer will give the City not less than 30 days written notice prior to cancellation or termination of the insurance policy. 2.09. Unsatisfactory Labor or Material. In the event that the City rejects as defective or unsuitable any material or labor supplied by the Developer regarding the Improvements, the Developer or contractor shall remove and replace the rejected material with approved material. In addition, the rejected labor must be done again to the specifications and approval of the City and at the sole cost and expense of the Developer. 2.10. Final Inspection/Acceptance. Upon completion of the Improvements, representatives of the City and the Developer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City must be satisfied that all work is satisfactorily completed in accordance with the Plans, and the Developer’s engineer-of-record and geotechnical professional shall submit a written statement attesting to the same. The City shall have no obligation to accept the Improvements if they are not consistent with the Plans or not in compliance with all federal, state, local and City ordinances and standards related thereto. Final approval and acceptance of the Improvements shall be by a resolution duly adopted by the City Council of the City. 2.11. Warranty on Property Work and Materials. The Developer warrants all work required to be performed by it under this Agreement regarding the Improvements against defective material and faulty workership for a period of one (1) year after completion and acceptance by the City, except that the warranty period for the drainage and erosion control portions of the Improvements shall be for two (2) years after completion and acceptance by the City. In addition, all trees, grass, sod or 10 other landscaping installed in connection with the Improvements are warranted alive, of good quality, and disease free for a period of one (1) year after completion and acceptance by the City. Any replacements of it shall be similarly warranted. The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty (30) days of receiving demand for such work from the City, weather permitting. 2.12. Records, Submittals, and Plans. The Developer agrees to provide the City with copies of all bids and change orders, and the names of all suppliers and subcontractors, and other similar information relating to the Improvements to be constructed by the Developer. Developer or its agent shall submit to Director of Public Works all shop drawings, cut sheets, and manufacturer data for all materials used in City Improvements prior to performing installation. Upon completion of the Improvements, the Developer shall provide “as built” record plans. These will include two paper copies, one Mylar copy, and an electronic copy. 2.13. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by the City, the Developer shall furnish the City with a three-year maintenance bond to guarantee the Improvements. The maintenance bond shall be in an amount equal to $10,000. 2.14. Compliance with Existing Laws. The Developer warrants that all work performed pursuant to this Agreement shall comply with existing laws, ordinances, pertinent regulations, standards, specifications of regulatory agencies and specifications of the City, and is subject to approval of the City’s Building Official and City Engineer. 2.15. City’s Access. The Developer hereby grants the city, its agents, employees, officers and contractors a non-revocable license to enter the Property to perform all work and inspections deemed appropriate by the City related to said development. 11 ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Property Monumentation. The Developer agrees to provide sufficient property monumentation (temporary), installed by or under the direction of a Professional Land Surveyor licensed in the State of Minnesota, before and during the course of the Improvements to ensure proper layout. The Developer further agrees to install all subdivision monumentation (permanent) within one year from recording of the plat, or the monumentation shall be installed on a per-lot basis at the time a building permit for the subject lot is issued, whichever occurs first. At the end of the one-year period, the Developer shall submit to the City written verification by a registered land surveyor that the surveyor has installed the required monuments throughout the plat or subdivision. 3.02. Payment of City Costs. The Developer agrees to reimburse the City its actual costs for preparing and administering this Agreement, processing the plat and preparing and reviewing an environmental assessment worksheet (EAW) and environmental impact statement (EIS), if required. The costs to be paid shall include, but not be limited to, attorneys’ fees, engineering fees, and other technical or professional assistance, including the work of the City staff. 3.03. Attorney’s Fees. The Developer agrees to pay the City’s costs and expenses, including attorneys’ fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the City against the Developer. 3.04. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and Developer, and supersedes any other written or oral agreements between City and Developer. This Agreement can only be modified in writing signed by City and Developer. The parties acknowledge that amendments or modifications to this Agreement that, in the opinion of the City’s Community Development Director, substantially deviate from the approved site and construction plans or the overall intent or design of the approved commercial building project, shall require approval by the City Council. 3.05. Assignment. The Developer may not assign any of its obligations under this Agreement with- out the prior written consent of the City. 3.06. Agreement to Run with Land. This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 3.07. Representatives Not Individually Liable. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 12 3.08. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Developer: BUILD TO SUIT, INC. 1805 State Street, Suite 101 Bettendorf, IA 52722 (b) as to the City: City of Mounds View 2401 County Road 10 Mounds View, MN 55112 Attn: City Administrator or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 3.08. 3.09. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 3.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.11. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 3.12. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Developer, Developer’s successors or assigns, the Developer’s contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer, and the Developer’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 13 3.13. Occupancy Permits. The City will not issue occupancy permits for this project until: A. The Developer or contractor has completed the site grading and it is approved by the City. B. All public utilities are tested, approved by the City, and in service. C. The Developer has paid in full all building permit fees. D. The Developer has installed all required landscaping. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. The City shall not issue occupancy permits until the utilities are in and approved by the City, unless otherwise authorized in writing by the City. 3.14. Miscellaneous Provisions. A. The Developer represents to the City that the development of the Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Property does not comply, the City may, at its option, refuse to allow construction or development work on the Property until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. D. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. 14 F. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing and signed by the parties. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. H. This Agreement, together with the exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, pertaining to the subject matter of this Agreement. I. No officer, agent or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. J. Data provided to the Developer or received from the Developer under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 15 IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUNDS VIEW By ______________________________________ Mayor By ______________________________________ City Administrator BUILD TO SUIT, INC. _________________________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2014, by Joe Flaherty and James Ericson, the Mayor and City Administrator, respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the corporation. ______________________________ Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2014, by Kevin Koellner, it’s President, BUILD TO SUIT, INC. ______________________________ Notary Public 16 RESOLUTION 8283 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DEVELOPMENT REVIEW AND DEVELOPER’S AGREEMENT FOR A NEW COMMERCIAL BUILDING ON COUNTY ROAD 10, WEST OF WOODALE DRIVE; MOUNDS VIEW PLANNING CASE DE2014-001 WHEREAS, Build to Suit, Inc., has submitted a development review to construct a new commercial single story building on vacant property on County Road 10; and, WHEREAS, the lots in question is zoned PUD, Planned Unit Development; and, WHEREAS, the subject parcels are legally described as: Sec 08, Tn 30, Rn 23, Ex N Ft For Co Rd H2 Park Of NW ¼ of NW ¼ of SE ¼ Nely Of L Par With And 150 Ft Nely From Cl Of Sth 10/62 And Part Of SW ¼ Of NW ¼ Of SE ¼ Nely Of L Park With & 150 Ft Nely From Cl Of Sth 10/62 (Subj to Rd & Esmts) in Sec 08, Tn, Rn 23 PIN’s 08-30-23-42-0001 and 08-30-23-42-0012 WHEREAS, Chapter 1006 of the Mounds View City Code requires all new commercial development to be reviewed by the Planning Commission and City Council for consistency with all codes, regulations and requirements; and, WHEREAS, the Planning Commission and City Council have reviewed the following documents relative to this request: 1. Staff Report 2. Zoning Map 3. Site Plans 4. Aerial View 5. Photographic Documentation NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council has reviewed the request by Build to Suit, Inc. for a new commercial building for BioLife Plasma Services and recommends approval subject to the following conditions: 1. Build to Suit, Inc. shall enter into various agreements with the City including (but not limited to) a Developers Agreement. Resolution 8283 Page 2 2. Build to Suit, Inc. shall obtain, if applicable, permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, Ramsey County, and the City of Mounds View before starting construction. 3. The applicant shall install asphalt and sod, and landscape all disturbed areas no later than 60 days beyond issuance of the Certificate of Occupancy, weather permitting. 4. The applicant shall make any City required changes to the grading and drainage plans prior to building permits being issued. 5. Snow storage on the site shall not reduce the amount of parking spaces available. 6. The garbage enclosure shall be constructed with the same materials used for the building to maintain a consistent appearance. 7. The applicant shall reimburse the City for all fees and costs related to this development review, including, but not limited to, city attorney and engineer consultants. Adopted this 28th day of July, 2014. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson City Administrator (SEAL) Item No: 7B Meeting Date: July 28, 2014 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing - Second Reading & Adoption of Ordinance 888, Adding Chapter 1128, County Road 10 Corridor Overlay District, to the Mounds View Zoning Code (ROLL CALL VOTE) The corridor continues to be the City Council’s priority and the Planning Commission has been reviewing the Zoning Code in order to better promote and accommodate development along County Road 10. The Commission has created a Corridor Overlay District in order to give more flexibility to new development projects on the corridor. The City is willing to be flexible on requirements such as setbacks, parking, density and height, but the City also wants projects that are high quality. Staff has made four changes since the discussion at the Council Worksession meeting. A new chapter 1128 in the City Code was created for this overlay district instead of inserting the new language into an existing chapter, so the numbering is now completely different. The section about the City having the option to not require a development area to comply with the overlay district was removed because in 1128.05 the zoning districts that would be applicable are listed. I added zoning districts R-3 and R-4 to the listed zoning districts. There is also a new addition of 1128.04, OTHER REQUIREMENTS, which specifies that any deviation from the overlay district chapter must comply with Chapter 1125.02 of the City Code, which is about variances. Recommendation Staff recommends the Council adopt Ordinance 888. Staff also recommends the Council consent to the publication of a summary of the ordinance as authorized by City Charter section 3.07. Sincerely, Heidi Heller, Planning Associate Attachment: 1. Ordinance 888 ORDINANCE NO. 888 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE AMENDMENT TO CITY CODE TITLE 1100, ADDING CHAPTER 1128, COUNTY ROAD 10 CORRIDOR OVERLAY DISTRICT; SPECIAL PLANNING CASE 187-13 The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 1000, Section 1008.10 of the Mounds View City Code pertaining to “Dynamic Display Signs” by deleting the stricken language and adding the underlined text as follows: CHAPTER 1128 COUNTY ROAD 10 CORRIDOR OVERLAY DISTRICT SECTION: 1128.01 Purpose 1128.02 Permitted Uses 1128.03 District Area Defined 1128.04 Other Requirements 1128.05 Standards 1128.06 Existing Uses and Structures 1128.01 PURPOSE: The purpose of this District is to provide standards of development for land lying on either side of the major transportation corridor along County Road 10. The County Road 10 Corridor District is the primary gateway through the City. The aesthetic impacts from new developments and redevelopments must be evaluated to help ensure the long-term viability and success of the District. Accomplishing the purpose of the County Road 10 Corridor District requires particular concern for the site layout, building materials, site features and other related design elements. To that end, new development and redevelopment shall conform to the standards in this and related zoning requirements. In reviewing and approving land use applications, the City Council will make the final determination in the compatibility and consistency with all provisions in this and related sections of the Zoning Ordinance. Ordinance 888 Page 2 1128.02.1 PERMITTED USES: The overlay district provisions apply to any base zoning district set forth in this Title that exists within the defined overlay area. 1128.03 DISTRICT AREA DEFINED: The following area is hereby established as being within the County Road 10 Corridor Overlay District: All parcels having frontage on County Road 10. All parcels that are within 200 feet of the County Road 10 right-of-way. 1128.04 OTHER REQUIREMENTS: Any deviation from the requirements in this chapter shall comply with the procedures and criteria provided in Chapter 1125.02 of the City Code. 1128.05 STANDARDS: For development of properties within the County Road 10 overlay district, the following standards will be applied where these standards supersede requirements set forth in the B-1 (Neighborhood Business), B-2 (Limited Business), B-3 (Highway Business), B-4 (Regional Business), PUD (Planned Unit Development), R-3 (Medium Density Residential) and R-4 (High Density Residential) zoning districts. All other standards and requirements of the above-mentioned zoning districts shall continue to apply. Subd. 1. Construction Materials: a. At least fifty (50) percent of all exterior wall finishes on any building will be comprised of a combination of at least two of the following materials: (1) Brick (2) Natural stone or cultured stone (3) Glass (4) Masonry stucco (5) Other comparable or superior material as approved by the City b. The remaining fifty (50) percent of all exterior wall finishes must be comprised of any combination of decorative or rock face concrete block, concrete panels, metal or wood. All building materials subject to approval of the City. c. Buildings may be constructed of primarily one of the materials listed in Subd. 1a, if the design exceeds the intent of the ordinance and is approved by the City. Ordinance 888 Page 3 d. Non-decorative exposed concrete block buildings are prohibited, as are pre- engineered metal buildings, corrugated metal-sided buildings, and wood sided buildings unless such metal buildings and wood sided buildings are enhanced on all elevations by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia overhangs and trim. Subd. 2 Architectural Design: Each building design will be reviewed for at least the following considerations: a. Appropriate location of structures on the site considering the relationship to other site amenities, restrictions, adjacent land usage, etc. b. General layout, roof treatments, proportion and quality of exterior. c. In the design of buildings or clusters of buildings, developers must orient projects so that the side(s) facing County Road 10 form the front of the project. Where front toward County Road 10 is not feasible due to the location of access roads and other site constraints, the project must be oriented and designed in such a manner so as to convey a pleasing appearance from County Road 10. d. Screening of mechanical equipment, tanks, loading docks, refuse handling, ancillary equipment, etc., whether on the roof or on the site. e. Drainage pipes on exterior building walls facing a street and/or County Road 10 must be integral to the design and non-apparent. f. Exceptions to the architectural design standards set forth in this section may be granted by the City Administrator or designee, for structures of comparable design and building materials. Subd. 3. Building and Parking Setback Requirements: Buildings and parking lots should have no more than a five (5) foot setback from County Road 10. The required setbacks for the other sides of the property will be determined by the City, based on the specific project and land usage. Subd. 4. Off-Street Parking: The City will use the off-street parking requirements in Chapter 1121.13 as a guideline, and base the final determination of required spaces on the specific project and land usage. Subd. 5. Landscaping: a. Landscaping requirements shall be in accordance with Chapter 1127, Tree Preservation and Landscaping. Ordinance 888 Page 4 b. A minimum of fifteen (15) percent of the total area of each lot shall be devoted to landscaped open space. c. All open areas of any lot not used for parking, driveways, or storage shall be landscaped with trees, shrubs, berms and planted ground cover. Subd. 6. Signs: In accordance with Chapter 1010. Subd. 7. Outdoor Storage and Dumpster Screening: a. No outdoor storage shall be permitted unless such storage is visually screened from view from County Road 10 and all adjoining residential properties, with suitable solid fence constructed of masonry or wood at least six (6) feet in height. Screening shall be well maintained. b. No dumpsters may be located on the sides of buildings fronting County Road 10, except if in the opinion of the City no other suitable location is reasonably available for such purpose, and provided the dumpster area is developed in a manner so as to minimize it’s appearance from County Road 10. c. All dumpsters shall be entirely screened by a masonry or solid wooden fence, with gate, or a comparable screening, at least six (6) feet in height. 1128.06 EXISTING USES AND STRUCTURES: Uses and structures in this District that were conforming prior to the effective date of this Ordinance will remain conforming upon adoption of this Ordinance. Subd. 1. All subsequent additions, exterior alteration and accessory buildings constructed after the erection of an original building after the date of adoption of this ordinance, shall: a. Be constructed of materials comparable to those used in the original construction, and, b. Be designed in a manner conforming to the original structure’s architectural design and appearance, and, c. Meet all other standards set forth in this ordinance. Ordinance 888 Page 5 SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On July 28, 2014, the City Council adopted Ordinance 888 that adds Chapter 1128 to the Mounds View Municipal Code. This amendment creates a County Road 10 Corridor Overlay District. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the Mounds View City Council this 14th day of July, 2014. PUBLIC HEARING, SECOND READING AND ADOPTION by the Mounds View City Council this 28th day of July, 2014. PUBLICATION DATE: August 8, 2014 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Item No: 7C Meeting Date: July 28, 2014 Type of Business: Council Business Administrator Review: ________ City of Mounds View Staff Report To Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 8275, Approval of a Developer’s Agreement for Longview Estates, Developed by EICHI, Inc., 5173 Longview Drive; Planning Case MA2014-001 Introduction: Marty Harstad, representing Eichi, Inc. is subdividing the vacant land known as Longview Estates into 10 residential lots. This 7.14 acre parcel is on the west side of Longview Drive between County Road H2 and Woodale Drive. Discussion: Mr. Harstad will be doing the land preparation and soil correction for the 10 building sites. As with all developments, the City requires a “Developer’s Agreement” which has specific requirements for each development that is occurring. This agreement will be between the City and EICHI, Inc., represented by Marty Harstad. The home builder will not be subject to this or any other developer’s agreement. This agreement has requirements for a typical financial guarantee, along with a restoration security deposit for any damage done to public infrastructure (streets, utilities, etc.). Recommendation: Review the proposed Developer’s Agreement. Resolution 8275 approving the Developer’s Agreement for Longview Estates is attached. Respectfully Submitted By, Heidi Heller Planning Associate Attachments: 1. Developer’s Agreement 2. Resolution 8275 DEVELOPERS AGREEMENT by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation, and EICHI, INC. a Minnesota Business Corporation This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 DEVELOPMENT AGREEMENT THIS AGREEMENT is made this _______ day of ___________________, 2014, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the “City”), and EICHI, INC., a Minnesota Business Corporation, (the “Developer”). Recitals A. The Developer is the fee owner of certain real estate located in Ramsey County, Minnesota, legally described as Lot 4, Block 1, Mueller Addition PIN 07-30-23-42-0066 (hereinafter referred to as the “Property”). B. The Developer shall construct on the Property improvements consistent with the final construction plans dated ______________________, 2014. C. The Developer has requested that the City approve a major subdivision for the property. D. As a prerequisite to the approval of the subdivision, the City Council requires the Developer to agree to the construction of certain improvements pursuant to this Agreement for the orderly development of the Property. E. The Developer is financially responsible for the construction costs of site preparation, earthwork, stormwater facilities, and other miscellaneous and related work as required by City ordinance and described in Article 2 referred to as the “Improvements”. 2 Agreement In consideration of each party’s promises as set forth in this Agreement, it is mutually agreed as follows: 3 ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and Warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The City assures the Developer that the individuals who execute this Agreement on behalf of the City are duly authorized to sign the same on behalf of the City and to bind the City thereto. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer is EICHI, INC., a Minnesota Business Corporation. B. The Developer has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The Developer assures the City that the individuals who execute this Agreement on behalf of the Developer are duly authorized to sign on behalf of the Developer and to bind the Developer thereto. C. The Developer is not in default under any lease, contract, or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. D. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances and regulations including, without limitation, any permits, licenses and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property or the Improvements. The Developer is not aware of any pending or threatened claim of any such violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees that it has and shall at all times comply with each and every provision of the City’s subdivision, zoning, and other related municipal code regulations. E. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting the Developer or Property. The Developer is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. 4 G. The Developer has sufficient funds or has obtained a commitment for financing in an amount adequate to finance construction of the Improvements. 1.03 Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. 5 ARTICLE TWO CONSTRUCTION OF IMPROVEMENTS 2.01. Agreement to Construct Improvements. The Developer agrees to the construction of the Improvements required by City Ordinance for development of the Property. The Improvements are more fully described in this Article and on the construction plans, preliminary plat, and specifications approved by the City (the “Plans”). The Developer or its agent must file a final copy of the Plans with the City before starting the construction of the Improvements. All labor, materials, and work performed by the Developer or its contractor for construction of the Improvements will be performed and completed to industry standards and in strict conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. Construction for the Improvements shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 2.02 Designation of Improvements. Improvements to be constructed by the Developer or its agents at Developer’s expense as generally described below and detailed on the Plans are hereinafter referred to as “Improvements”. A. Public Improvements: The following Improvements to be constructed by the Developer or its agents at Developer’s expense will be owned and maintained by the City after development is completed and work is accepted. 1. Stormwater conveyance, ponding, and treatment systems involving demolition, modification, and addition of storm sewer piping and drainage structures; excavation and embankment of stormwater pond and turf access road; and modifications to existing infiltration basins in boulevard of Longview Drive. 2. Concrete curb and gutter on Longview Drive involving removal and replacement with similar curb and gutter design with appropriate curb cuts to serve planned future single- family dwellings in the development. Patch street to Public Works Standards. 3. Outlot A as shown on the Plans involving removal of dead or dying trees, shrubs, and other unsightly vegetation. B. Private Improvements: The following Improvements to be constructed by the Developer or its agents at Developer’s expense will be owned and maintained by private property owners after development is completed and work is accepted. 1. Site preparation for construction of ten “pad-ready” single-family dwellings involving grading, drainage, earthwork and soils correction, and turf establishment. Upon completion of site preparation activities, dwelling sites will not require any further soils correction to meet intended foundation bearing capacities for construction of dwellings. 2. Boulder retaining wall behind dwelling pads to delineate wetland limits. Retaining wall is proposed to be approximately two feet in height and continuous through lots. 6 3. Concrete driveway aprons meeting Public Works Standards at each curb cut serving planned future single-family dwellings in the development. 4. Iron monuments shall be placed under the direction of a Professional Land Surveyor licensed by the State of Minnesota at all lot and block corners and at all other angle points on boundary lines. Monuments shall be installed after all major grading is complete and marked with a fence post in order to preserve the lot markers for use by future property owners. 5. Adjust water service curb stops flush to final grade at property line and inspect to ensure proper operation of valve. Remove any debris from valve box that would interfere with valve operation. 6. Sanitary sewer service pipes shall be exposed at property line and inspected to sewer trunk main by a video recording device. Roots and debris shall be removed and pipe leaks and other deficiencies repaired. Prior to repairing pipe leaks and deficiencies, notify the Director of Public Works of means and methods to repair pipes. Reinspect and video record any repaired pipes and provide Director of Public Works with electronic copies of pre- and post-repair video inspections. Mark sanitary sewer services at property line with 2x4 pressure treated lumber and backfill. 7. Remove all abandoned structures, dead and dying trees, unsightly and invasive vegetation, and all other debris from the development site. C. General Requirements for Constructing Improvements: The Developer and its agents at Developer’s expense must meet the following requirements during construction of the improvements. 1. Install, maintain, and inspect sediment and erosion control devices in accordance with the Plans, City Standards, and regulatory requirements. Assign qualified person responsible for overseeing site management of sediment and erosion control during construction duration. Provide records of inspection and maintenance to City when requested. Remove all sediment and erosion control devices upon site establishment. 2. All public streets and private driveways shall remain open and unobstructed during construction duration. Traffic control shall be in-place to warn motorists of any hazards. Employ measures to protect street pavement and curbing from damage, including limiting the number of access points from the street to the site. Street pavements and curbs shall be maintained and free of dirt and debris at the end of each day and prior to significant rainfall events. Streets shall be swept within 24 hours after notification by City. The City may perform street sweeping at Developer’s expense in the event that streets are not swept within this time constraint. 3. Haul routes on public streets shall be designated by the Director of Public Works. Developer and its agents must comply with these routes. Failure to comply may result in a stop work order and other enforcement actions. 7 4. Before commencing construction of the Improvements, the Developer and its agents shall participate in a pre-construction meeting with the City to review and resolve any issues involving the construction of the Improvements. Developer shall submit a construction schedule, list of contractors, and other contact information including an emergency contract. 2.03 Permits and Fees. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional, County, and local jurisdictions before commencing construction of the Improvements, including full payment of all applicable permit and development fees. Copies of permits shall be kept on-site at all times during construction operations. The following permits and fees shall be obtained and paid before commencing construction of the Improvements: A. Stormwater Permit - Rice Creek Watershed District: Obtain stormwater permit with full approval or CAPROC (Conditional Approval Pending Receipt of Changes) prior to applying for City permits. Provide City with copy of permit approval letter. B. Land Disturbance Permit – City of Mounds View: Required for grading activities on the site and sediment and erosion control enforcement. Apply for permit with Public Works Department and pay applicable fees. C. Right-of-Way Permit – City of Mounds View: Required for construction activities in public Rights-of-way, including excavation, obstructions, curb and gutter, and patching streets. Permit will cover site access from street and use of municipal streets for hauling operations. Apply for permit with Public Works Department and pay applicable fees. A restoration security deposit for $75,000 is required for permit issuance to cover restoration costs to public infrastructure during construction of the Improvements. D. Park Dedication Fee – City of Mounds View: Required in accordance with City Code Chapter 1204. The Developer shall submit the required park dedication payment of $12,000 to the City prior to the City signing the final plat. The Developer further expressly acknowledges and agrees that the Improvements and all easements and other rights in the Property necessary and related to the City’s ownership of the Improvements (all of which shall be described in the plat required by the City’s subdivision regulations), shall inure to the City upon the Developer’s compliance with this Agreement, acceptance by the City of the Improvements, and approval and recording of a final plat as set forth in the City’s subdivision regulations. E. Document Records to Ramsey County: The Developer shall record with Ramsey County this Agreement, Resolution 8285, and the final plat. The Developer shall provide proof to the City of such recordation within 10 days of the recording. 8 2.04 Easements: Before approval of the final plat, and at anytime determined necessary by the City therefore, the Developer shall dedicate to the City, at no cost, all temporary easements necessary for the construction of the Improvements as determined by the City. All such easements required by the City shall be provided on City easement documents, containing such terms and conditions, as the City shall determine. All permanent easements necessary for the installation and maintenance of the Improvements shall be shown on the final plat and be granted to the City upon recordation of said plat. After recordation of said plat, the Developer shall provide on an amended final plat to the City, additional easements necessitated by changes to utility or grading design and such easements shall be granted to the City upon recordation of said plat. 2.05. Time for Developer's Performance: General Provision. The Developer agrees that it will commence work on the Improvements no later than 30 days after the date of the City issuing the permits and shall complete the Improvements no later than eighteen (18) months after the date of permit issuance. In the event of a “phased” construction schedule, each phase shall be subject to its own timeline based upon the date of issuance of the building permit. The City may, at its discretion, extend the timeline specified in this Section 2.03 upon receipt of written notice from the Developer of the existence of causes that will delay the completion of the Improvements if such causes are ones over which the Developer has no control and which could not have been reasonably foreseen by the Developer. If the City grants an extension of the date of completion of the Improvements, the Developer must continue the performance bond required by this Agreement to cover the work during the extension of time. 2.06. Additional Work or Materials. Construction of the Improvements shall be done by the Developer. The Improvements shall be constructed at no expense to the City. The Developer shall not do any work or furnish any materials for which reimbursement is expected from the City, unless such work is first ordered and reimbursement is approved by the City. Any work or materials that is done or furnished by the Developer without prior written order is furnished at the Developer’s risk, cost and expense, and the Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 2.07. Financial Guarantee. Prior to commencement of construction of the Improvements, the Developer agrees to furnish the City a performance bond, certified check, certificate of deposit, irrevocable letter of credit from a bank or cash escrow in the amount of $20,000 to guarantee construction of the Improvements and satisfaction of this Agreement (the “Financial Guarantee”), as determined by the Director of Public Works. Upon failure of Developer to perform, the City may declare the Developer to be in default under this Agreement and, upon failure of the Developer to cure the default within 30 days of written notice, may demand the Financial Guarantee be paid over to the City. From the proceeds of the Financial Guarantee, the City shall be reimbursed for any attorneys’ fees, engineering fees or other technical, administrative or professional assistance, and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City in the event that the Financial Guarantee is inadequate to reimburse the City for its costs and pay for the completion of the Improvements. The bank and form of Financial Guarantee shall be subject to the approval of the City. The Financial Guarantee shall be automatically renewable until the City releases the Developer from responsibility. The Financial Guarantee shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the Financial Guarantee without 9 notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developer’s default(s) within thirty (30) days of receiving notice provided however if the Developer commences to cure within said thirty days, the time to cure shall be extended for a reasonable time not to exceed 60 days; the City may draw on the Financial Guarantee provided funds are used to complete the Improvements. With City approval, the Financial Guarantee may be reduced from time to time as financial obligations are paid and Developer- installed Improvements completed to the City’s requirements. Upon completion of the Improvements and passage of any required inspections and final acceptance of the Improvements by the City pursuant to this Agreement, absent any default of the Developer, the Financial Guarantee may be terminated. In the event the City does not recover its costs for completing the Improvements under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Improvements. 2.08. Insurance. The Developer shall purchase, maintain, and furnish proof of liability insurance in an amount of at least $1,000,000, acceptable to the City, covering any public liability or property damage by reason of the operation of the Developer's equipment or laborers in connection with the Improvements. Developer agrees to keep the insurance in force at all times during construction of the Improvements and until acceptance thereof by the City. The insurance must name the City as an additional insured on a primary basis and must provide that the insurer will give the City not less than 30 days written notice prior to cancellation or termination of the insurance policy. 2.09. Unsatisfactory Labor or Material. In the event that the City rejects as defective or unsuitable any material or labor supplied by the Developer regarding the Improvements, the Developer or contractor shall remove and replace the rejected material with approved material. In addition, the rejected labor must be done again to the specifications and approval of the City and at the sole cost and expense of the Developer. 2.10. Final Inspection/Acceptance. Upon completion of the Improvements, representatives of the City and the Developer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City must be satisfied that all work is satisfactorily completed in accordance with the Plans, and the Developer’s engineer-of-record and geotechnical professional shall submit a written statement attesting to the same. The City shall have no obligation to accept the Improvements if they are not consistent with the Plans or not in compliance with all federal, state, local and City ordinances and standards related thereto. Final approval and acceptance of the Improvements shall be by a resolution duly adopted by the City Council of the City. 10 2.11. Warranty on Property Work and Materials. The Developer warrants all work required to be performed by it under this Agreement regarding the Improvements against defective material and faulty workership for a period of one (1) year after completion and acceptance by the City, except that the warranty period for the drainage and erosion control portions of the Improvements shall be for two (2) years after completion and acceptance by the City. In addition, all trees, grass, sod or other landscaping installed in connection with the Improvements are warranted to be alive, of good quality, and disease free for a period of one (1) year after completion and acceptance by the City. Any replacements of same shall be similarly warranted. The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty (30) days of receiving demand for such work from the City, weather permitting. 2.12. Records, Submittals, and Plans. The Developer agrees to provide the City with copies of all bids and change orders, and the names of all suppliers and subcontractors, and other similar information relating to the Improvements to be constructed by the Developer. Developer or its agent shall submit to Director of Public Works all shop drawings, cut sheets, and manufacturer data for all materials used in City Improvements prior to performing installation. Upon completion of the Improvements, the Developer shall provide “as built” record plans. These will include two paper copies, one Mylar copy, and an electronic copy. 2.13. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by the City, the Developer shall furnish the City with a three-year maintenance bond to guarantee the Improvements. The maintenance bond shall be in an amount equal to $10,000. 2.14. Compliance with Existing Laws. The Developer warrants that all work performed pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations, standards, specifications of regulatory agencies and specifications of the City, and is subject to approval of the City’s Building Official and City Engineer. 2.15. City’s Access. The Developer hereby grants the city, its agents, employees, officers and contractors a non-revocable license to enter the Property to perform all work and inspections deemed appropriate by the City related to said development. 11 ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Property Monumentation. The Developer agrees to provide sufficient property monumentation (temporary), installed by or under the direction of a registered land surveyor, before and during the course of the Improvements to ensure proper layout. The Developer further agrees to install all subdivision monumentation (permanent) within one year from recording of the plat, or the monumentation shall be installed on a per-lot basis at the time a building permit for the subject lot is issued, whichever occurs first. At the end of the one-year period, the Developer shall submit to the City written verification by a registered land surveyor that the surveyor has installed the required monuments throughout the plat or subdivision. 3.02. Payment of City Costs. The Developer agrees to reimburse the City its actual costs for preparing and administering this Agreement, processing the plat and preparing and reviewing an environmental assessment worksheet (EAW) and environmental impact statement (EIS), if required. The costs to be paid shall include, but not be limited to, attorneys’ fees, engineering fees, and other technical or professional assistance, including the work of the City staff. 3.03. Attorney’s Fees. The Developer agrees to pay the City’s costs and expenses, including attorneys’ fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the City against the Developer. 3.04. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and Developer, and supersedes any other written or oral agreements between City and Developer. This Agreement can only be modified in writing signed by City and Developer. The parties acknowledge that amendments or modifications to this Agreement that, in the opinion of the City Administrator, substantially deviate from the approved site and construction plans or the overall intent or design of the approved single family residential housing project, shall require approval by the City Council. 3.05. Assignment. The Developer may not assign any of its obligations under this Agreement with- out the prior written consent of the City. 3.06. Agreement to Run with Land. This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 3.07. Representatives Not Individually Liable. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 12 3.08. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Developer: EICHI, INC. 2195 Silver Lake Road New Brighton, MN 55112 (b) as to the City: City of Mounds View 2401 County Road 10 Mounds View, MN 55112 Attn: City Administrator or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 3.08. 3.09. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 3.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.11. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 3.12. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Developer, Developer’s successors or assigns, the Developer’s contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer, and the Developer’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 13 3.13. Miscellaneous Provisions. A. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. B. The Developer represents to the City that the development of the Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Property does not comply, the City may, at its option, refuse to allow construction or development work on the Property until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. C. Third parties shall have no recourse against the City under this Agreement. D. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. E. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. F. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. G. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing and signed by the parties. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and 14 each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. This Agreement, together with the exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, pertaining to the subject matter of this Agreement. J. No officer, agent or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. K. Data provided to the Developer or received from the Developer under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 15 IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUNDS VIEW By ______________________________________ Mayor By ______________________________________ City Administrator EICHI, INC. _________________________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2014, by Joe Flaherty and James Ericson, the Mayor and City Administrator, respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the corporation. ______________________________ Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2014, by Martin Harstad, Chief Executive Officer, EICHI, INC. ______________________________ Notary Public 16 RESOLUTION NO. 8275 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE DEVELOPMENT OF LONGVIEW ESTATES INTO 10 RESIDENTIAL LOTS; MOUNDS VIEW PLANNING CASE NO. MA2014-001 WHEREAS, Marty Harstad, representing Eichi, Inc. has requested approval of a major subdivision of the vacant land known as Longview Estates, legally-described as follows: Lot 4, Block 1, Mueller Addition PIN 07-30-23-42-0066 WHEREAS, Marty Harstad with Eichi, Inc. has submitted an application for a major subdivision which will involve significant soil corrections and grading to create 10 buildable lots; and, WHEREAS, the community development and public works staff have reviewed the preliminary plat and grading plans and finds them satisfactory ; and, WHEREAS, the proposed subdivision is within a designated wetland area and the City Council passed Resolution 8266 on June 9, 2014, approving a wetland alteration permit; and, WHEREAS, the applicant has received approval for this development from Rice Creek Watershed District; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the Developer’s Agreement for Longview Estates, an agreement between the City of Mounds View and EICHI, Inc. represented by Marty Harstad. Adopted this 28th day of July, 2014. __________________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 7D Meeting Date: July 28, 2014 Type of Business: Council Business Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 8284, Consideration of an Appeal of a Variance Denial to allow a Second Curb Cut at 7800 Groveland Road; Planning Case VR14-004 Introduction: The applicant, Frands Jensen, property owner of 7800 Groveland Road, applied for a variance to allow a second curb cut on his property. The City Code allows one curb cut on each R-1, Single Family Residential zoned property without a variance. The Planning Commission first reviewed this case on May 21, 2014 and Chair Stevenson was not in attendance. With only six Commissioners there, the vote was a 3-3 tie to deny the variance so the resolution did not pass. The case was brought back at the June 4, 2014 Planning Commission meeting and the vote was 5-2 to deny the variance. The applicant is now appealing the Planning Commission’s denial. Discussion: The house at 7800 Groveland Road is on the corner of Groveland Road and Oakwood Drive. The applicant purchased the house in 2013 and built a detached garage that faces Oakwood Drive. The applicant and contractor were informed by City Staff at the time of the building permit application for the garage that a second curb cut was not allowed for single-family homes. The applicant parks a camper trailer in the detached garage and wants the curb cut so that he does not need to drive over the curb to access the garage. The applicant is allowed to install a partial driveway from the garage up to within five feet from the property line, which would be considered a parking area. The Code just does not allow the second curb cut opening at the street. For the City Council to act favorably toward this application, there must be a demonstrated hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. This is true for all variance requests. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria, with responses, are as follows: a. The variance is in harmony with the general purposes and intent of these regulations. While it is true that some lots do have two curb cuts, there are not many of them. While there are a few properties with two curb cuts on a corner lot, it is even less common to see properties with two completely separate driveways. Staff feels that limiting the applicant to one curb cut would not be depriving him of something commonly enjoyed by other properties in the same district. 7800 Groveland Road 2nd Driveway Variance Appeal Report July 28, 2014 Page 2 b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not address this specific of an issue, but traffic safety and management is an important function for the City. By limiting access points onto the streets, there are less traffic movements and the streets are safer. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant would use the second driveway to access the detached garage on his property and not need to drive over the City street curb. The applicant was informed that a second driveway was not allowed prior to building the garage in the current location, and knew he would have to drive over the curb. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. There are no unique circumstances associated with this property. The applicant built the detached garage for his trailer, and had been informed prior to construction of the garage that second curb cuts were not allowed. e. The variance does not alter the essential character of the neighborhood. There are no other single-family properties in the neighborhood with two curb cuts. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Adding the second curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty. g. The City Council may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Staff has no recommended conditions. 7800 Groveland Road 2nd Driveway Variance Appeal Report July 28, 2014 Page 3 Recommendation: Staff recommends taking testimony from staff and the applicant. Staff has prepared two versions of the resolution, one upholding the denial and a second that overturns the denial. The Council may take one of the following actions related to the request: 1. Overturn the variance denial as requested. Staff does not support this action as the review of the practical difficulty criteria appear to not warrant approval. 2. Uphold the variance denial. Staff has prepared a resolution of denial based on its review of the practical difficulty criteria which does not appear to justify approval. 3. Table the request. If the Council needs more information before making a decision or if they decide there is a need for more discussion, the Council can simply move to table the request until such information has been provided. Respectfully Submitted By, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Photos 3. Photographic Documentation 4. Appeal request from applicant 5. Resolution 8284 (denial and approval versions) ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential N Aerial View Oakwood Dr Groveland Rd Detached garage Proposed 2nd curb cut location Photographic Documentation Oakwood Drive Detached Garage Requested 2nd curb cut location Appeal Request from Applicant RESOLUTION NO. 8284 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION UPHOLDING A VARIANCE DENIAL FOR A SECOND CURB CUT AT 7800 GROVELAND ROAD; PLANNING CASE VR2014-004 WHEREAS, the applicant, Frands Jensen, property owner of 7800 Groveland Road, has applied for a variance to allow a second curb cut on his property; and, WHEREAS, 7800 Groveland Road is zoned R-1, Single Family Residential, and is legally described as follows: Haluptzok’s Terrace, Lot 1, Block 1, Ramsey County, Minnesota PIN 06-30-23-34-0026 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Photographic Documentation 4. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on May 21, 2014 and passed Resolution 1005-14 on June 4, 2014 that denied the variance request for a second curb cut; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the City Council is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council finds that all of the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are not satisfied, and finds there not to be sufficient practical difficulty with regard to the property located at 7800 Groveland Road, and makes the following findings of fact related to its decision: DENIAL Resolution 8284 Page 2 1. Section 1121.09 Subdivision 5e of the Zoning Code states that single-family lots shall be limited to one curb cut per property unless it is in the interest of public safety to waive such. There are no public safety issues with this property that would cause the owner to need two curb cuts. 2. The Comprehensive Plan supports good traffic management for safer vehicle movements on streets. Limiting the number of access points onto a street is one of the ways that the City accomplishes this. 3. Second curb cuts for single-family homes are rare and not desired by the City for traffic safety reasons. 4. There are no unique circumstances for this property. The applicant built the second garage and now wants a second curb cut for easier access to it. 5. There are no other single-family properties in the neighborhood with two curb cuts, and granting the variance would be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 6. Adding the second curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty. 7. There are no conditions recommended. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View City Council based upon the above findings, upholds the Planning Commission’s denial of the variance request of Frands Jensen, property owner of 7800 Groveland Road, to allow a second curb cut on his property. Adopted this 28th day of July, 2014. _________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (SEAL) RESOLUTION NO. 8284 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OVERTURNING THE MOUNDS VIEW PLANNING COMMISSION’S DENIAL OF A VARIANCE FOR A SECOND CURB CUT AT 7800 GROVELAND ROAD; PLANNING CASE VR2014-004 WHEREAS, the applicant, Frands Jensen, property owner of 7800 Groveland Road, has applied for a variance to allow a second curb cut on his property; and, WHEREAS, 7800 Groveland Road is zoned R-1, Single Family Residential, and is legally described as follows: Haluptzok’s Terrace, Lot 1, Block 1, Ramsey County, Minnesota PIN 06-30-23-34-0026 WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Photographic Documentation 4. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS , on May 21, 2014, the Planning Commission held a duly-noticed public hearing regarding this request and received resident, applicant and staff input about this request; and WHEREAS, on June 4, 2014 and approved Resolution 1005-14, a resolution denying the variance request due to lack of demonstrated practical difficulty; and, WHEREAS, on July 22, 2014, the applicant submitted a written appeal, requesting that the City Council overturn the Planning Commission’s denial; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the City Council is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. APPROVAL Resolution 8284 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient practical difficulty with regard to the property located at 7800 Groveland Road, and makes the following findings of fact related to its decision: 1. Section 1121.09 Subdivision 5e of the Zoning Code states that single-family lots shall be limited to one curb cut per property unless it is in the interest of public safety to waive such. The detached garage is accessed regularly by a vehicle and it would be easier to access with a second curb cut. 2. The Comprehensive Plan supports good traffic management for safer vehicle movements on streets. 3. The applicant built a second garage to store all his vehicles inside. A second curb cut would eliminate any damage to the existing curb. 4. The applicant built the second garage on the south side of the property because there are large, mature trees next to the attached garage that would have been removed to expand the existing garage. 5. A second curb cut should not alter the character of the residential neighborhood. 6. Adding the second curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty. 7. Staff recommends that the second curb cut width be limited to a maximum of 20 feet, the width of the garage. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View City Council, based upon the above findings, does hereby overturn the decision of the Mounds View Planning Commission as presented in Resolution 1005-47, and does hereby approve the variance request of Frands Jensen, owner of 7800 Groveland Road, to allow a second curb cut on the south side of the property, subject to the following: 1. The south driveway must have a hard surface driveway and new curb cut installed within one year of the date of this approval. Adopted this 28th day of July, 2014. _________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (SEAL) Item No: 07E Meeting Date: July 28, 2014 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Acting City Administrator Item Title/Subject: Resolution 8286 Consideration of a Tobacco License to Babelon, Inc., Doing Business as Sam’s Food Market, Located at 2408 County Road I Background: On April 14, 2014, the Mounds View City Council approved a Cigarette and Tobacco License for Sam’s Food Market contingent on the following conditions: • The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment. • The licensee must fully light the interior of the retail establishment during business hours such that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly. • The sales counter, store entrance, and interior of the retail establishment shall be visually recorded with a videotape or similar device at a quality level that allows the visual identification of patrons and employees. The recordings shall be maintained and made available to the police for five calendar days before being reused. • The licensee must post a sign at the front entrance of the retail establishment that prohibits selling tobacco related products to minors. • The licensee must fully cooperate with representatives from the City of Mounds View when present at the retail establishment for City business purposes. • The licensee must maintain clean and clear front and rear entrances of the retail establishment. • The licensee must not make sales of items commonly used by drug users and drug dealers, including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and small bags. • The licensee may not supply matches to non-purchasing customers. Item 07E July 28, 2014 Page 2 • Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter. • The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows. • The licensee must promptly remove any graffiti on the exterior of the retail establishment. On May 15, 2014, Staff sent a renewal notice to Sam’s Food Market informing them their tobacco license would expire on June 30, 2014, and renewal application materials were due to the City by June 9, 2014. About two weeks before their license was due to expire, Staff contacted the owner, Khudeir Jrau, to inform him that his tobacco license was about to expire. Mr. Jrau’s consistent response to Staff was, “I will have it to you tomorrow.” The week before this license was to expire; Staff contacted the City Attorney. The City Attorney contacted Mr. Jrau’s attorney to express concerns about their license lapsing. Mr. Jrau’s attorney and Mr. Jrau were informed that if Staff did not receive renewal application materials before June 30th, then their license will lapse. On June 30, 2014, Staff drafted a letter to Sam’s Food Market (attached), informing them that their license will expire, and as of July 1, 2014 they would not be authorized to sell cigarette and tobacco products. This letter was hand delivered by the Code Enforcement Officer. Soon after delivery of this letter, a representative from Sam’s Food Market arrived at City Hall with a blank check and no completed application materials. Staff informed the representative that Staff was not able to process their license renewal, and the earliest their license could be presented for consideration by the City Council was July 28th. Staff handed the representative a blank business license application. On July 3, 2014, Staff witnessed a tobacco sale at Sam’s Food Market. The police was immediately dispatched and the business owner was cited in accordance with the City Code for selling tobacco products without a business license. Mr. Jrau’s attorney was notified of the violation. On July 14, 2014, the Police Department conducted another compliance check. Sam’s Food Market successfully passed the check and did not sell any tobacco product(s). Discussion: On July 21, 2014, Staff received applications materials and fees for a Tobacco License for Sam’s Food Market. Staff conducted a background check and there appears to be continued inconsistencies in the background checks. One inconsistency is in regard to the corporation name, Babelon, Inc. According to the Minnesota Secretary of State’s website, Babelon, Inc., is located at 705 Century Avenue in Maplewood. According to the City of Maplewood this is a vacant strip mall, and there is no tobacco business Item 07E July 28, 2014 Page 3 at that location. City Attorney Scott Riggs is in discussions in another city that Mr. Jrau is currently doing business in, and there appears to be some concerning information in regards to Mr. Jrau’s business in that city. The City Attorney and Staff hope to have more information to the City Council about this information at this meeting. The City Council can approve or deny this license. According to the Tobacco Code, the City Council could deny a tobacco license under the following criteria: 512.05: BASIS FOR DENIAL OF LICENSE: Subd. 1. Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: a. The applicant is under the age of 18 years. b. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. c. The applicant has had a license to sell tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices revoked within the preceding 12 months of the date of application. d. The applicant fails to provide any information required on the application, or provides false or misleading information. e. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. In addition, under 512.03 of the Tobacco Code, the City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, then the City Administrator would issue the license to the applicant. If the City Council denies the license, then the notice of denial would be given to the applicant along with notice of applicant’s right to appeal the City Council’s decision. Recommendation: Staff recommends discussion on Sam’s Food Market’s tobacco license request. The City Attorney and Staff will be available to answer any questions you may have about this license request. Attached is Resolution 8286 for City Council consideration. If the City Item 07E July 28, 2014 Page 4 Council approves this license, then the licensing period would be from July 29, 2014 to June 30, 2015. Staff has left messages with Mr. Jrau to inform him of this meeting. The City Attorney will be contacting Mr. Jrau’s attorney to highly recommend the business owner to appear before the City Council. Respectfully submitted, ______________________ Desaree Crane Attachments: Resolution 8286 Supporting Documentation RESOLUTION 8286 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Authorizing a Cigarette/Tobacco License for Babelon, Inc., Doing Business as Sam’s Food Market, Located at 2408 County Road I WHEREAS, Babelon, Inc., recently submitted an application for a cigarette/tobacco license for Sam’s Food Market located at 2408 County Road I ; and WHEREAS, Babelon, Inc., has submitted the appropriate application materials and fees; and WHEREAS, the licensing period would be July 29, 2014- June 30, 2015; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a cigarette/tobacco license to Babelon, Inc., doing business as Sam’s Food Market, located at 2408 County Road I. Adopted this 28th day of July, 2014. ___________________________________ Joe Flaherty, Mayor ATTEST: ___________________________________ James Ericson, City Administrator (seal) M:\MasterFiles\2014\City Council\City Council Packets\07-28-2014\Item 07F Attachment Police Support Specialist 2014- Draft version with changes noted.doc CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Police Support Specialist Department: Police Accountable To: Police Chief FLSA Status: Non-Exempt PRIMARY OBJECTIVE OF POSITION To efficiently and effectively manage the administrative functions of the Police Department. To maintain a variety of police records and files in an updated and accurate status at all times to ensure ready access to information as required or requested. To act as Terminal Agency Coordinator (TAC) for the Department, complying with state and federal requirements for training and auditing. To perform as the Department Hub, disseminate important information as needed. both up and down the chain. SUPERVISION RECEIVED Works under the general direction and guidance of the Police Chief and Deputy Police Chief. SUPERVISION EXERCISED None ESSENTIAL DUTIES AND RESPONSIBILITIES TERMINAL AGENCY COORDINATOR (TAC)/RECORDS MANAGEMENT • Act as Terminal Agency Coordinator (TAC) for the Department, complying with state and federal requirements for training and auditing. • Responsible for MINCIS-NCIC entry of computerized records ensuring compliance with state and federal regulations • Compile statistical information for crime prevention reports, weekly crime summary and crime free multi-housing updates. Maintain Sex Offender Notification files. • Make copies of offense reports for reference purposes as required. • Oversee processing, filing and classification of incident reports by other clerical staff to ensure compliance with established procedures. • Attend seminars or review information provided by the BCA to keep abreast of changes that occur in specifications for classifying and reporting of police related activities. • Compile various monthly and year-end reports, outlining the activities of the department for the review and information of the Chief. • Clear cases following disposition by the courts and ensure that all related M:\MasterFiles\2014\City Council\City Council Packets\07-28-2014\Item 07F Attachment Police Support Specialist 2014- Draft version with changes noted.doc records are brought up to date and forwarded to the appropriate state agency. • Obtain drivers license checks and criminal history profiles from the computer bank as required and ensure that all data is handled in a confidential and professional manner. • Responsible for Criminal History Record Maintenance • Responsible for maintenance of office equipment, arranging for repair and any training required PUBLIC RELATIONS • Deal with the public, other departments and agencies in telephone and counter contacts ensuring proper follow through and resolution of problems. • Assist and refer residents to appropriate agencies regarding matters such as victim’s services, court procedures, human services, sexual assaults, and general information. • Respond to telephone and in-person inquiries in a manner which ensures prompt assistance, confidentiality and appropriate follow through. ADMINISTRATIVE/CLERICAL • Prepare search warrants and other legal documents, process fingerprints for input into NCIC. • Research and prepare reports and draft correspondence as requested by Police Department personnel. • Submit monthly validations and supplemental reports (SRS) to BCA • Maintain calendar of appointments for Chief and all other Department personnel. • Transcribe formal statements as assigned or required, and review same for accuracy ensuring the security and confidentially of all incident-related information. • Maintain and oversee Crimnal Justice Records System(CJRS) e-reports and e- charging documents • Act as administrator for all BCA systems available to personnel including the portal and launchpad training site for all officers • Responsible for Data Practices and records retention issues involving the collection, security and dissemination of records • Process all permits to purchase firearm applications for review and approval by the Chief of Police • Maintain Court Line for the Department. • Code invoices for Department • Distribute mail to Department personnel • Purchase office supplies • Check time sheet records for accuracy M:\MasterFiles\2014\City Council\City Council Packets\07-28-2014\Item 07F Attachment Police Support Specialist 2014- Draft version with changes noted.doc PERIPHERAL DUTIES • Keep the Chief of Police informed on all matters which must be known to effectively manage department operations. • Perform other responsibilities as delegated. • Maintain good judgment in controlling communication to ensure that no confidential or inappropriate information is released. • May serve on adhoc or standing committees as necessary • Assist in management of information for social media and city website EDUCATION AND EXPERIENCE MINIMUM QUALIFICATIONS (A) Two years of college or Technical School OR 3-4 years of experience in the area of office management. High School Diploma or equivalent GED (B) Post secondary education or training in office management (C) Must possess or be able to obtain State of Minnesota terminal operator’s certification (D) Minimum of two years clerical or records management experience (E) Must pass background investigation (F) Must type 50 wpm. DESIRED QUALIFICATIONS (A) Associate and/or Bachelor’s degree. (B) Previous supervisory experience. (C) Previous experience in a law enforcement clerical or administrative position. (D) Knowledge and experience working with social media and website management NECESSARY KNOWLEDGE, SKILLS AND ABILITIES (A) Working knowledge of office procedures, budget/accounting procedures and effective team leadership. (B) Sound knowledge and experience with computer software packages, particularly Microsoft Office systems (i.e. Correl, WP, W ord, Access/Lotus, Excel) and management information systems. (C) Strong business writing skills and the ability to communicate effectively with staff and residents. (D) Ability to simultaneously manage multiple projects and deadlines. Ability to coordinate department-wide projects, delegating when necessary. (E) Ability to motivate and provide leadership to office staff. (F)(F) Ability to analyze existing policies and programs and to recommend improvements to these systems. Ability to initiate change and implement new processes. M:\MasterFiles\2014\City Council\City Council Packets\07-28-2014\Item 07F Attachment Police Support Specialist 2014- Draft version with changes noted.doc SPECIAL REQUIRMENTS Ability to attain certification in the Criminal Justice Data Network (CJDN) certification Ability to attain certification in the Criminal Justice Information System (CJIS) Certification Notary Commission Transcription Experience Knowledge of Enfors Records System Knowledge of Datamax Software Program TOOLS AND EQUIPMENT USED Phone switchboard; mainframe computer terminal; IP Phone system ; personal computer including word processing software; copy machine; postage machine; fax machine; base portable radio for communications to patrol officers; calculator. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit, stand, talk and hear. The employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; criminal background check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the M:\MasterFiles\2014\City Council\City Council Packets\07-28-2014\Item 07F Attachment Police Support Specialist 2014- Draft version with changes noted.doc employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: ______________________ Approval: ____________________ Supervisor Appointing Authority Effective Date: Revision History: 07/17/14 03/07/2012 (revised as nonunion position – effective Dec 31, 2011) 2006 7/02 (213 HAY pts) 2/01 (213 Hay pts) 6/97 1995 ADA Item No: 7F Meeting Date: July 28, 2014 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Resolution 8282 Approving a Revised Job Description and Authorization to Advertise for the Police Support Specialist Position Introduction: The Police Support Specialist position in the police department is an essential position overseeing the administrative functions of the department focusing on maintaining all police reports, records and documents in the most efficient and accurate manner. The position serves the general public as the first stop for service whether in person or by phone. The position provides members of the general public the proper referral for services needed. A critical task for this position is to serve as the department Terminal Agency Coordinator or (TAC). The TAC is responsible for compliance with all state and federal requirements for criminal justice records management maintenance and submissions. Discussion: The Police Support Specialist position will become vacant due to the retirement of Linda Meyer on October 31, 2014. The position has been a full time position and it is essential that it remains full time. The duties, tasks and responsibilities, as outlined in the attached job description require that the position remain full time. On July 23, 2014 the Police Civil Service Commission met to discuss and review the position, job description and hiring process necessary to fill the upcoming vacancy. The commission approved the revised job description and the hiring process to replace the position. Due to the technical nature of the position and valuable knowledge held by Linda Meyer after her many years of employment, it is strongly recommended that the replacement candidate have the opportunity to spend training time alongside Linda Meyer before her retirement. It is being recommended that a period of one week be available for training with Linda so the new staff member can receive this critical transfer of knowledge. The job description for Police Support Specialist has been reviewed with new updates to the description which include the removal of outdated tasks and duties and the additions of more accurate descriptions and qualifications. The job description is attached to this report with the old duties denoted by the “strikethrough” feature and all new information underlined. Staff requests that advertisement for this position to occur as soon as possible so enough time exists to conduct the necessary steps to complete the hiring process. Item 07E Monday, July 28, 2014 Page 2 Recommendation: Staff recommends approval of the revised job description and to advertise and initiate the hiring process to replace the Police Support Specialist position. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 8282 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A REVISED JOB DESCRIPTION AND AUTHORIZATION TO ADVERTISE FOR THE POLICE SUPPORT SPECIALIST POSITION WHEREAS, the police support specialist position is an essential position overseeing the administrative functions of the department; and WHEREAS, the Police Support Specialist serves the general public in person and by phone providing proper referrals for the services required; and WHEREAS, the Police Support Specialist is responsible for maintaining all police records, reports and other documents in the most accurate and efficient manner; and WHEREAS, the Police Support Specialist serves as the Terminal Agency Coordinator (TAC) which must comply with all state and federal requirements for records management, training and auditing; and WHEREAS, the Police Support Specialist is responsible for all data practices matters involving the collection, security and dissemination of records; and WHEREAS, the Police Support Specialist is responsible for all criminal justice records systems (CJDS) reporting to the BCA; and WHEREAS, the job description for Police Support Specialist has been revised to remove outdated duties and add more accurate responsibilities and qualifications; and WHEREAS, the Police Support Specialist position will be vacant as of October 31, 2014 due to the retirement of Linda Meyer; and WHEREAS, the Police Civil Service Commission met on July 23, 2014, to review and approve the job description and the process to advertise and hire a replacement police support specialist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota to approve the revised job description and advertise for the upcoming vacancy for the Police Support Specialist. Adopted this 28th day of July 2014. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07G Meeting Date: July 28, 2014 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Acting City Administrator Item Title/Subject: Second Reading of Ordinance 889, an Ordinance Amending Chapter 512 of the Mounds View City Code Pertaining to Cigarette and Tobacco Licensing Background: On April 14, 2014, the Mounds View City Council approved a Cigarette and Tobacco License for Sam’s Food Market contingent on the following conditions: • The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment. • The licensee must fully light the interior of the retail establishment during business hours such that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly. • The sales counter, store entrance, and interior of the retail establishment shall be visually recorded with a videotape or similar device at a quality level that allows the visual identification of patrons and employees. The recordings shall be maintained and made available to the police for five calendar days before being reused. • The licensee must post a sign at the front entrance of the retail establishment that prohibits selling tobacco related products to minors. • The licensee must fully cooperate with representatives from the City of Mounds View when present at the retail establishment for City business purposes. • The licensee must maintain clean and clear front and rear entrances of the retail establishment. • The licensee must not make sales of items commonly used by drug users and drug dealers, including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and small bags. • The licensee may not supply matches to non-purchasing customers. Ord 889 Staff Report July 28, 2014 Page 2 • Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter. • The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows. • The licensee must promptly remove any graffiti on the exterior of the retail establishment. Discussion: Staff received direction from the City Council to add the above conditions to Chapter 512 of the Mounds View City Code. During the first reading at the July 14, 2014, City Council Meeting, questions and concerns were raised by the City Council in regard to the following: a. The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment. Some City Councilmembers question why this was needed in the tobacco code. g. The licensee must not make sales of items commonly used by drug users and drug dealer, including but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and small bags. Some City Councilmembers were concerned whether “small bags” should be defined. Does “small bags” mean sandwich bags? j. The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows. City Council was concerned on the enforcement aspect of this provision. k. The licensee must promptly remove any graffiti on the exterior of the retail establishment. City Council questioned whether this provision was necessary in the tobacco code since graffiti is covered in other areas of the City Code. In addition, at the direction of the City Attorney, language requiring that an applicant “must be of good moral character to be considered for approval for an issuance or renewal of a Cigarette and Tobacco License” was added back in Section 512.05. (A Ord 889 Staff Report July 28, 2014 Page 3 previous ordinance had removed this clause.) The question was raised on how the City Council and Staff are to measure someone’s moral character. The City Attorney will be present at this meeting to address the questions and the concerns of the City Council. In addition, Staff notified all tobacco business of this discussion last by phone and first class mail. There may be tobacco business owners present at this meeting to ask questions and express their concerns. Recommendation: Staff and the City Attorney recommend a review of the proposed ordinance. The City Attorney will be available to answer any questions and concerns that were raised from the July 14, 2014, City Council Meeting. The City Council could approve the Ordinance, table/postpone this Ordinance for a future meeting, or deny. Respectfully Submitted, __________________________ Desaree Crane Attachments: 1. Ordinance 889 ORDINANCE NO. 889 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 512 OF THE CITY CODE BY ADDING TOBACCO LICENSE CONDITIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends its City Code to add conditions to licenses for the sales of tobacco, tobacco related devices and products, and electronic delivery devices in the City of Mounds View. SECTION 2. The City Council of the City of Mounds View hereby amends Section 512.03 of Chapter 512 of the Mounds View City Code by adding the following new subdivision: Subd. 15. Each license issued under this article is subject to all of the following conditions: a. The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment. b. The licensee must fully light the interior of the retail establishment during business hours such that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly. c. The sales counter, store entrance, and interior of the retail establishment shall be visually recorded with a videotape or similar device at a quality level that allows the visual identification of patrons and employees. The recordings shall be maintained and made available to the police for five calendar days before being reused. d. The licensee must post a sign at the front entrance that prohibits selling tobacco related products to minors. e. The licensee must fully cooperate with representatives from the City of Mounds View when present at the retail establishment for City business purposes. f. The licensee must maintain clean and clear front and rear entrances of the retail establishment. g. The licensee must not make sales of items commonly used by drug users and drug dealers, including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and small bags. h. The licensee may not supply matches to non-purchasing customers. i. Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter. Ordinance 889 Page 2 446217v1 MJM MU125-65 2 j. The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows. k. The licensee must promptly remove any graffiti on the exterior of the retail establishment. SECTION 3. The City Council of the City of Mounds View hereby amends Section 512.05 of Chapter 512 of the Mounds View City Code by adding the following underlined addition: Subd. 1. Grounds for den ying the issuance or renewal of a license under this chapter include but are not limited to the following: a. The applicant is under the age of 18 years. b. The applicant has been convicted within the past five years of an y violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or electronic delivery devices. c. The applicant has had a license to sell tobacco, tobacco products, tobacco- related devices, or electronic delivery devices revoked within the preceding 12 months of the date of application. d. The applicant fails to provide any information required on the application, or provides false or misleading information. e. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. f. The applicant is not of good moral character. SECTION 4. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On July 28, 2014, the City Council adopted Ordinance 889 by amending Chapter 512 of the Mounds View City Code to add a basis of denial and conditions on licenses for the sales of tobacco, tobacco related devices and products, and electronic delivery devices in the City of Mounds View. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. Ordinance 889 Page 3 446217v1 MJM MU125-65 3 SECTION 5. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on July 14, 2014. Second Reading and Adoption by the Mounds View City Council on July 28, 2014. Publication Date: August 8, 2014 . Joe Flaherty, Mayor Attest: ______________________________ James Ericson City Administrator (seal) Item No: 08A Meeting Date: July 28, 2014 Type of Business: CA City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Acting City Administrator Item Title/Subject: Resolution 8287, Appointing Gary Lee Rundle to the Parks, Recreation and Forestry Commission Background: The Parks, Recreation and Forestry Commission are a volunteer advisory group that provides recommendations to the City Council relating to the development and improvement of parks and park facilities within the City. The Commission also makes recommendations to the City on all matters affecting the park and recreation programs. There are nine (9) seats on this Commission, with seven members currently serving. This advisory group is appointed by the City Council to three-year staggered terms. There are two seats available on this Commission; one seat will be expiring on December 31, 2015, and the other will be expiring on December 31, 2016. Discussion: Staff received an application from Gary Lee Rundle. Attached is his application. The Parks, Recreation and Forestry Commission have reviewed Mr. Rundle’s application, and they are requesting that the City Council appoint Gary Rundle to the term expiring on December 31, 2015. Recommendation: Staff recommends that the City Council review Gary Rundle’s application and appoint Mr. Rundle to the Parks, Recreation and Forestry Commission. This commission seat will expire on December 31, 2015. Respectfully submitted, _______________________ Desaree Crane RESOLUTION 8287 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPOINTING GARY LEE RUNDLE TO THE PARKS, RECREATION AND FORESTRY COMMISSION WHEREAS, the Parks, Recreation and Forestry Commission are a volunteer advisory group that provides recommendations to the City Council relating to the development and improvement of parks and park facilities within the City; and WHEREAS, the Commission also makes recommendations to the City on all matters affecting the park and recreation programs; and WHEREAS, there are nine (9) seats on this Commission, with seven members currently serving; and WHEREAS, in accordance with the City Code, the City Council is required to appoint members to the Parks, Recreation and Forestry Commission based upon the recommendations of the Parks, Recreation and Forestry Commission; and WHEREAS, the Parks, Recreation and Forestry Commission reviewed Gary Lee Rundle’s application and made a recommendation to the City Council to appoint Mr. Rundle to this commission to the term seat expiring on December 31, 2015. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council hereby appoints Gary Lee Rundle as Commissioner on the Parks, Recreation and Forestry Commission with a term expiration date of December 31, 2015. Adopted this 28th day of July, 2014. _______________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, City Administrator (seal) 447051v1 SJR MU125-11 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: July 24, 2014 To: James Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Legal research regarding whether dog license data is public. Review data practices request. Matter is presently pending. MU125-65: Licensing Matters. Review and revise tobacco license and synthetic drug ordinances. Consult with City staff regarding same. Consult with City regarding tobacco license violations. Matters are presently pending. MU210-54: City Code Updates. Review correspondence from City staff. Consult with City staff. Matter is presently pending. MU210-76: Harstad/Longview Estates. Consult with City staff regarding subdivision and development of project. Matter is presently pending. MU210-107: Telecommunication and Franchise Matters. Review correspondence regarding cable television franchise. Consult with City staff regarding same. Matter is presently pending. MU210-221: LMCIT/DVS General. Several notices of legal claims have been presented to the City and have been tendered for defense by the League of Minnesota cities Insurance Trust. Consult with City staff and City Council. Consult with LMCIT attorneys. Matters are presently pending. & James Ericson July 24, 2014 Page 2 447051v1 SJR MU125-11 MU210-231: Major Subdivision of 8211 Red Oak Drive. Review documentation regarding matter. Consult with City staff. Begin to draft plat opinion. Matter is presently pending. MU210-232: 2014 Investigation. Consult with City staff regarding dog attack incident. Matter is presently pending. SJR:jms