HomeMy WebLinkAboutResolution 8992RESOLUTION 8992
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR AN ACCESSORY BUILDING EXCEEDING 952 SQUARE FEET,
LOCATED AT 2210 BRONSON DRIVE
WHEREAS, the City of Mounds View City Code, Section 1106.03, Subd 1(c) states; no
accessory building in an R-1 District shall exceed 952 square feet in area, except by Conditional Use
Permit; and,
WHEREAS, the applicant, Doug Watson, has requested a Conditional Use Permit for an
accessory building exceeding 952 square feet to be located on property zoned R-1 Single -Family
Residential, and legally described as:
PID: 08-30-23-13-0004
Lot 3, Block 1, Lambert's Addition
WHEREAS, the property includes a single-family home, and two accessory buildings (detached
garage and shed). The applicant proposes an addition onto the detached garage, after which, the detached
garage will be 1,536 square feet in area; and,
WHEREAS, the City of Mounds View City Code, Section 1106.03, Subd 1(a) permits every R-1
zoned property improved with a single-family dwelling to be allowed a maximum of 1,800 square feet of
combined accessory building area; and,
WHEREAS, the property includes a single-family dwelling. The detached garage and shed will
total 1,776 square feet in total area; and,
WHEREAS, the Planning Commission reviewed the Staff Report, Site Plan and Elevation
drawings, date stamped July 27, 2018, and considered possible Adverse Effects, as stated in the City
Code, Section 1125.01, Subd 1(c), and recommended approval of the Conditional Use Permit (Resolution
1085-18); and,
Resolution 8992
Page 2
WHEREAS, the Mounds View City Council held a duly -noticed Public Hearing for this request
on August 13, 2018; and,
WHEREAS, according to the Mounds View City Code, Section 1125.0 1, Subd 3, the City
Council is to review a standard set of criteria when considering a Conditional Use Permit, including
making Findings; and,
NOW THEREFORE, BE IT RESOLVED, the Mounds View City Council does hereby find
that the criteria as identified in Section 1125.01, Subd 3(b) are satisfied and makes the following Findings
of Fact related to its decision:
1. The use will not create an excessive burden on existing parks, schools, streets and
other public facilities and utilities which serve or are proposed to serve the area.
Finding: The accessory building will have no additional burden onto public
services.
2. The use will be sufficiently compatible or separated by distance or screening from
adjacent residentially zoned or used land so that existing homes will not be
depreciated in value and there will be no deterrence to development ofvacant
land.
Finding: The accessory building will be set back from the side yard 33',
which exceeds the minimum 5' setback. It is not anticipated that
the accessory building will have any effect on area property values.
3. The structure and site shall have an appearance that will not have an adverse
effect upon adjacent residential properties.
Finding: The addition onto the accessory building will have the same roof
pitch and siding as that of the existing accessory building, will
complement the home.
4. The use, in the opinion of the City Council, is reasonably related to the overall
needs of the City and to the existing land use.
Finding: The accessory building to be used for personal storage, is a
reasonable use within the R-1 zoning district.
The use is consistent with the purposes of the Zoning Code and the purposes of
the zoning district in which the applicant intends to locate the proposed use.
Finding: The use is consistent with the Zoning Code, and allowable
accessory uses within the R-1 zoning district.
6. The use is not in conflict with the Comprehensive Plan of the City.
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91
Finding: The use is consistent with the Comprehensive Plan:
Residential
Goal 3: Encourage a creative approach to the use of land
and related residential development.
Policy c: The City will encourage the upgrade and expansion
of homes by providing flexible standards that
address the unique circumstances of expanding
existing single dwellings.
The use will not cause traffic hazards or congestion.
Finding: The use will not generate any additional traffic.
Adequate utilities, access roads, drainage and necessary facilities have been or
will be provided.
Finding: Adequate utilities and drainage exists.
NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View City Council,
based upon the above findings, the staff report, recommendation by the Planning Commission,
and consideration of public testimony, hereby approves of a Conditional Use Permit for an
accessory building exceeding 952 square feet, as requested by Doug Watson, for property
located at 2210 Bronson Dr., subject to the following conditions:
1. The applicant shall construct the addition onto the accessory building, consistent
with the site plan and elevation drawings date stamped July 27, 2018, and shall
apply for all necessary permits within one year of the date of approval of the
Conditional Use Permit.
Adopted this 13" day of August, 2018
Carol A. Mueller, Mayor
ATTEST:
N e Zik und, ity Administrator
FESTIVAL IN THE PARK AGREEMENT
THIS AGREEMENT is entered into this -2-5 day of June, 2018, by and
between the City of Mounds View, a municipal corporation under the laws of
Minnesota (the "City") and Festival in the Park of Mounds View, a Minnesota
non-profit corporation (the "Corporation").
WHEREAS, the City is owner of City Hall, City Hall Park, and Community
Center (collectively the "Park") located within the City; and
WHEREAS, the Corporation desires to sponsor and coordinate an annual
community event entitled, "Festival in the Park of Mounds View" (the "Festival"),
to be held on August 17 and 18, 2018; and
WHEREAS, pursuant to Minnesota Statutes, and other laws, the City has
the authority to operate a program of public recreation and enter into agreements
with the Corporation pertaining to the conduct thereof; and
WHEREAS, the City desires that the Corporation sponsor and coordinate
the Festival; and
WHEREAS, the City is willing to support the Festival, as set forth in this
Agreement; and
WHEREAS, the Corporation is willing to undertake the Festival
sponsorship and support of the City in accordance with the terms and conditions
of this Agreement.
NOW THEREFORE, the parties agree as follows:
1. Scope of Festival. The Corporation will sponsor and coordinate all
aspects of the Festival.
2. Time and Performance. This Agreement will begin as of August 17,
2018, and will terminate as of August 19, 2018 (the "Termination Date").
3. City Contribution. The City will provide the assistance of City staff
to assist the Corporation as set forth on Exhibit A, which is incorporated herein
by reference. The City will provide the assistance of City equipment to assist the
Corporation as set forth on Exhibit B, which is incorporated herein by reference.
The City will allow use of the Park upon the Corporation requesting and obtaining
the appropriate permits from the City for the Park. The City agrees to waive the
permit fee for the Park.
In support of the community-based Festival, the City will provide assistance
in additional expenditures, not to exceed $5,000, to assist the Committee in
payment of the Fireworks Show.
If the Agreement should be terminated for any reason prior to the
Termination Date, the City's assistance to the Corporation will cease upon
termination. In such case any unfulfilled assistance as set forth in Exhibits A and
B will remain unfulfilled.—The Corporation shall pay any and all taxes due to
federal, state, and local governments, and the City shall not withhold any
amounts therefore. In addition, the Corporation shall be responsible for any
necessary workers compensation and unemployment insurance required for the
individuals performing services hereunder, and the City shall have no obligation
whatsoever in this regard.
4. Independent Contractor. The Corporation and neither it nor any of
its volunteers, employees or agents performing services hereunder shall be an
employee of the City. The Corporation is an independent contractor and it shall
retain control over the manner and means of the work set forth above. The
Corporation understands and acknowledges that the City shall not provide any
benefits of any type in connection with this Agreement, including but not limited
to health or medical insurance, workers compensation insurance, or
unemployment insurance. The Corporation shall in no case have the power to
bind or obligate the City in any way to any third -party.
5. Insurance.
a. The Corporation shall provide comprehensive general
liability insurance for bodily injury and property damage with a combined
single limit of $1,000,000 per occurrence. Such comprehensive general
liability insurance shall include, but not be limited to, coverage for
mechanically -operated amusement devices, alcohol sales, and fireworks
displays. The policies of insurance shall name the City of Mounds View
as an additional insured.
b. The Corporation shall provide evidence of automobile and
mobile equipment insurance coverage for all motorized vehicles used in
connection with work under this Agreement with a combined single limit
for bodily injury and property damage of not less than $1,000,000 per
occurrence.
C. A Certificate of Insurance showing coverage as indicated
above with a carrier that is acceptable to the City of Mounds View as well
as a copy of all policies of insurance shall be submitted to the City
Administrator at least 30 days prior to the Festival. The City reserves the
right to reject the carrier if it is not an A+ carrier licensed to do business in
the State of Minnesota.
d. Nothing herein shall be construed as a waiver of any
immunity or limitation on liability to which the City is entitled under law.
6. Termination. If either party fails to perform its obligations under this
Agreement, the other party may terminate this Agreement by giving written notice
of the intention to terminate to the other party at least thirty (30) days prior to
such termination, provided, however, that if Corporation's failure to perform its
obligations hereunder creates or constitutes, in the sole judgment of the City, a
threat to the public health, safety, or welfare, the City may immediately terminate
this Agreement.
7. General Terms and Conditions.
a. The Corporation will provide all equipment used by the
Corporation, except the City equipment as set forth in Exhibit B, which is
incorporated herein by reference.
b. The Corporation will control its own schedule of work hours
as necessary to sponsor and coordinate the Festival.
C. Any and all reports, and other work products, whether
completed or not, that are prepared or developed by the Corporation as a
part of this Agreement shall be jointly owned by the City and the
Corporation and shall be made available to the City promptly at the City's
request or at the termination of this Agreement. The Corporation shall
provide annual financial reports including all revenues and expenditures
related to the Festival for the present year within thirty days of the date of
the Festival, and the City will retain these records for three (3) years.
d. Any titles of the several parts of the Agreement are inserted
for convenience of reference only and shall be disregarded in construing
or interpreting any of its provisions.
e. A 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 to the following
addresses:
City: 2401 Mounds View Boulevard
Mounds View, MN 55112
ATTN: City Administrator
Corporation: 2085 Hillview Rd Apt. 1
Mounds View, MN 55112-1314
ATTN: Theresa Cermak, President
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.
f. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
g. This Agreement is made and shall be governed in all
respects by 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 the parties to this Agreement
waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
h. If any provision or application of this Agreement is held
unlawful or unenforceable in any respect, such illegality or unenforceability
shall not affect other provisions or applications that can be given effect,
and this Agreement shall be construed as if the unlawful or unenforceable
provision or application had never been contained herein or prescribed
hereby.
i. This Agreement, together with its Exhibits, 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, concerning
this Agreement. This Agreement may not be amended nor any of its
terms modified except by written authorization and executed by both
parties hereto.
8. The Corporation shall protect, indemnify, defend, and hold
harmless the City and its governing body members, officers, agents, servants,
and consultants_against and from any claim, demand, suit, action, or other
proceeding whatsoever by any person or entity whatsoever arising or purportedly
arising from this Agreement or the activities undertaken pursuant to it. The
provisions of this paragraph 8 shall survive termination of this Agreement.
9. The Corporation will provide the City with a comprehensive
accounting and detailing the assistance contributed by the City to the Festival
and the Corporation.
IN WITNESS THEREOF, the parties have caused this Agreement to be
executed as of the date first above.
CITY OF MOUNDS VIEW
By: CGG
Its: Mayor
By. INA W
Its: City/Ad Mritydmisrator
FESTIVAL IN THE PARK OF MOUNDS VIEW
Its: ._ C
By:
Its:t-t-
EXHIBIT A
CITY STAFF ASSISTANCE ESTIMATE
Maintenance workers:
4 workers X 20 hrs @ approx. $37/hr $1,400
2 workers X 24hrs @ approx. $55/hr $1,320
2. Police:
9 officers X 8 hrs @ approx. $46/hr $3,312
3. Video Cable Coordinator:
8 hrs @ approx.. $30/hr 240
Total: $6,272
EXHIBIT B
CITY EQUIPMENT
Public Works Equipment:
Large box 1 ton truck
Small box 1 ton truck
1 Large dump truck,
2 -Pickup trucks
Tandem trailer
City generator — Car Show
Extra generator — (back-up)
Post pounder
3 - Golf cart or equivalent (only used by city staff)
Hoses
Extension cords
Water shut off keys
Barricades (Parade, City Hall Parking Lot, Bike Race and 5K Run at Silver
View Park)
Public Works Vehicles for the Parade
5 Rectangular Tables (For Car Show)
10 folding chair (For Car Show)
20 Orange Cones (For Car Show)
20 Orange Cones (MVCC- Section off parking area for Irondale)
20 rectangular tables (MVCT)
110 folding chairs (MVCT)
15 rectangular tables (in front of Beer Garden Tent)
100 folding chairs (in front of Beer Garden Tent)
Mesh Fencing for the Beer Garden, K9 Demo and for the Lions Food
Booth
2. Fire Dept:
Fire truck(s) for Parade
3, Police Department
Police Vehicle(s) for the Parade, Climbing Wall
FESTIVAL AGREEMENT
THIS AGREEMENT is entered into this s Ikdday of ,2001, by and
between the City of Mounds View, a municipal corporation under the 1 ws of Minnesota (the
City") and the Festival in the Park, Inc., a Minnesota non-profit corporation (the "Corporation").
WHEREAS, the City is owner of City Hall, City Hall Park, community center and the
Bridges Golf Course (collectively the "Park") located within the City; and
WHEREAS, the Corporation desires to sponsor and coordinate an annual community event
entitled, "Mounds View Festival in the Park" (the "Festival"); and
WHEREAS, pursuant to Minnesota Statutes, Sections 471.15-.191 and other law, the City
has the authority to operate a program of public recreation and enter into agreements with the
Corporation pertaining to the conduct thereof; and
WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and
WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and
WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of
the City in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, the parties agree as follows:
1. Scone of Festival. The Corporation will sponsor and coordinate all aspects of the
Festival. .
2. Time and Performance. This Agreement will begin as of June 29, 2001 and will
terminate as of July 31, 2001 (the "Termination Date").
3. City Contribution. hi support of the community-based Festival, the City will
provide a contribution of $4,000.00, which includes the $140.00 dollar amount to be paid by the
Corporation to the. City for the amusement license necessary for the Festival, with the amount of
such actual monetary contribution to be reduced by the cost to the City of providing City staff
assistance to the Festival. The City will provide the assistance of City staff to assist the
Corporation as set forth on Exhibit A, which is incorporated herein by reference. The $4,000.00
City contribution shall be reduced by the amount of the personnel costs paid by the City for the
Festival as set forth in Exhibit A. The City will provide the assistance of City equipment to
assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The
City will allow use of the Park upon the Corporation requesting and obtaining the appropriate
permits from the City for the Park. The City agrees to waive the permit fee for the Park. The
City will also assist with the Festival community golf tournament pursuant to the terms set forth
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in Exhibit C, which is incorporated herein by reference. The City will pay the above -referenced
amount, minus the appropriate reductions, to the Corporation after the City's payroll period
following the Festival.
If the Agreement should be terminated for any reason prior to the Termination Date, the
Corporation will be compensated on a pro rata basis for the period of time that this Agreement was
in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments,
and the City shall not withhold any amounts therefor. In addition, the Corporation shall be
responsible for any necessary workers compensation and unemployment insurance required for the
individuals performing services hereunder, and the City shall have no obligation whatsoever in this
regard.
4. Independent Contractor. The Corporation is an independent contractor and neither it
nor any of its volunteers, employees or agents performing services hereunder shall be an employee
of the City. The Corporation shall retain control over the manner and means of the work set forth
above. The Corporation understands and acknowledges that the City shall not provide any benefits
of any type in connection with this Agreement, including but not limited to health or medical
insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in
no case have the power to bind or obligate the City in any way to any third -party.
5. Insurance.
a. The Corporation shall provide comprehensive general liability
insurance for bodily injury and property damage with a combined single limit of
1,000,000 per occurrence. Such comprehensive general liability insurance shall
include, but not be limited to, coverage for mechanically -operated amusement
devices, alcohol sales, and fireworks displays. The policies of insurance shall name
the City of Mounds View as an additional insured.
b. The Corporation shall provide evidence of automobile and mobile
equipment insurance coverage for all motorized vehicles used in connection with
work under this Agreement with a combined single limit for bodily injury and
property damage of not less than $1,000,000 per occurrence.
C. The Corporation shall provide Workers' Compensation coverage in
the statutory amount required for all individuals performing services under this
contract such as contractors' employees, subcontractors, independent contractors,
etc.
d. The Corporation shall provide Employer's Liability insurance
coverage (Part B. of the Workers' Compensation Policy) in the amount of $100,000
bodily injury each accident, bodily injury by disease $500,000 policy limit,
100,000 bodily injury by disease each employee.
C. A Certificate of Insurance showing coverage as indicated above with
a carrier that is acceptable to the City of Mounds View as well as a copy of all
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PJ
policies of insurance shall be submitted to the City Clerk -Administrator at least
30 days prior to the Festival. The City reserves the right to reject the carrier if it is
not an A+ carrier licensed to do business in the State of Minnesota.
f. Nothing herein shall be construed as a waiver of any immunity or
limitation on liability to which the City is entitled under law.
6. Termination. If either party fails to perform its obligations under this Agreement,
the other party may terminate this Agreement by giving written notice of the intention to terminate
to the other party at least thirty (30) days prior to such termination, provided, however, that if the
Corporation's failure to perform its obligations hereunder creates or constitutes, in the sole
judgment of the City, a threat to the public health, safety, or welfare, the City may immediately
terminate this Agreement.
7. General Terms and Conditions.
a. The Corporation will provide all equipment used by the Corporation,
except the City equipment as set forth in Exhibit B which is incorporated herein by
reference.
b. Corporation will control its own schedule of work hours as necessary
to sponsor and coordinate the Festival.
C. Any and all reports, and other work products, whether completed or
not, that are prepared or developed by the Corporation as a part of this Agreement
shall be jointly owned by the City and the Corporation and shall be made available
to the City promptly at the City's request or at the termination of this Agreement.
d. Any titles of the several parts of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
e. A 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 to the following addresses:
City: 2401 Highway 10
Mounds View, MN 55112
ATTN: Clerk -Administrator
Corporation: 8120 Red Oak Court
Mounds View, MN 55112-5843
ATTN: Sherry Gunn
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MU125-11
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.
f. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
g. This Agreement is made and shall be governed in all respects by
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 the parties to this Agreement waive any objection to the jurisdiction of these
courts, whether based on convenience or otherwise.
h. If any provision or application of this Agreement is held unlawful
or unenforceable in any respect, such illegality or unenforceability shall not affect
other provisions or applications that can be given effect, and this Agreement shall
be construed as if the unlawful or unenforceable provision or application had
never been contained herein or prescribed hereby.
i. This Agreement, together with its Exhibits, which is 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, concerning this Agreement. This Agreement may not be
amended nor any of its terms modified except by a writing authorized and
executed by both parties hereto.
8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its
governing body members, officers, agents, servants, and against and from any claim, demand,
suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or
purportedly arising from this Agreement or the activities undertaken pursuant to it. The
provisions of this paragraph 8 shall survive termination of this Agreement.
9. The Corporation will provide the City with a comprehensive accounting and
detailing of the expenditure of funds contributed by the City to the Festival and the Corporation,
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0
IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the
date first written above.
CITY OF MOUNDS VIEW
By:
Its: Mayor
By:cF7
Its: Clerk Administrator
FESTIVAL IN THE PARK, INC
B1VXA- MANWWPA"v
C —
By:
Wee - JJ1,eS1drf rr
SJR -199377v2
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