HomeMy WebLinkAboutAgenda Packets - 2000/08/14M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\08-14-00\Agenda -- City Council.doc
CITY OF MOUNDS VIEW
CITY COUNCIL AGENDA
MONDAY, AUGUST 14, 2000
1. CALL MEETING TO ORDER
2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. July 24, 2000
5. SPECIAL ORDER OF BUSINESS:
6. REPORTS
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
8. UNFINISHED BUSINESS
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking, must give their full name and address for the
minutes. Please limit your comments to three minutes.
10. COUNCIL BUSINESS
7:05 A. Public Hearing, Discussion and Consideration of the following: (Jim
Ericson)
1. Resolution 5462, a Resolution Approving the Walgreens PUD and
Exchange of Real Property for and with TOLD Development
Company.
2. Resolution 5453, a Resolution Approving the Wetland Alteration
Permit and Development Review of the Proposed Walgreens PUD.
3. Resolution 5454, a Resolution Approving the Preliminary Plat of the
Proposed Walgreens Major Subdivision.
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\08-14-00\Agenda -- City Council.doc
City Council Meeting
August 14, 2000
Page -2-
4. First Reading (Introduction) of Ordinance 665, an Ordinance Rezoning
Properties Associated with the Walgreens Development from B-3 and
PF to PUD.
5. First Reading (Introduction) of Ordinance 666, an Ordinance Vacating
the Old Edgewood Drive Right of Way Included within the Proposed
Walgreens PUD.
6. First Reading (Introduction) of Ordinance 669, an Ordinance
Authorizing Disposing by Sale of City-Owned Real Property.
7:10 B. Public Hearing and First Reading (Introduction) of Ordinance 663, an
Ordinance Creating Language to Administer and Regulate Tattoo and
Body Piercing Establishments within the City of Mounds View – Jim
Ericson (Continue Public Hearing to 7:10 pm, 8/28/00)
7:15 C. Public Hearing, Discussion and Consideration of Resolution 5455
Approving Economic Development Project and Tax Increment Financing
Amendments –Aaron Parrish
7:20 D. Public Hearing, Discussion and Consideration of Resolution 5461, a
Resolution Approving the General Concept Plan of the Proposed Mermaid
Planned Unit Development – Jim Ericson
E. Second Reading and Adoption of Ordinance 658, an Ordinance Amending
Chapter 1103 of the Zoning Code Pertaining to Fences and Fence Heights
– Jim Ericson
(Roll Call Vote)
F. Second Reading and Adoption of Ordinance 664, an Ordinance Amending
Chapter 1106 of the Zoning Code Pertaining to Accessory Buildings – Jim
Ericson (Roll Call Vote)
G. Consideration of Resolution 5457 Ratifying the Appointment of Election
Judges for the 2000 Primary and General Elections - Givonna Reed
H. Approval of Springsted Phase 2 of the Highway 10 Action Plan
Development Work Plan
11. Next Council Work Session: Monday, August 21, 2000
Next Council Meeting: Monday, August 28, 2000
12. ADJOURNMENT
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
July 24, 2000
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Coughlin, Quick, Stigney and Thomason.
NOT PRESENT: Marty.
3. APPROVAL OF AGENDA
A. Monday, July 24, 2000, City Council Agenda.
Mayor Coughlin asked the Council if anyone would like to add items to the agenda.
Acting City Manager Ulrich added Item 10D, Consideration of Resolution 5456 Approving Rice
Creek Watershed District Ponding Concept Plan for Greenfield Park.
MOTION/SECOND: Quick/Thomason. To accept the July 24, 2000, City Council Agenda as
revised.
Ayes – 4 Nays - 0 Motion carried.
4. APPROVAL OF MINUTES
A. Monday, June 26, 2000, City Council Minutes.
Mayor Coughlin requested a correction to Page 2, 5th paragraph, to indicate Cor Wilson instead
of Cora.
MOTION/SECOND: Stigney/Quick. To approve the June 26, 2000, City Council minutes as
corrected.
Ayes – 4 Nays - 0 Motion carried.
B. Monday, June 12, 2000, City Council Minutes.
Mayor Coughlin noted that the meeting minutes of June 12, 2000, had been approved, with
amendments, at the previous meeting.
Mounds View City Council July 24, 2000
Regular Meeting Page 2
Council Member Stigney pointed out that the meeting minutes presented in the packet do not yet
have the corrections made to them.
Mayor Coughlin agreed that the corrections had not yet been made.
5. SPECIAL ORDER OF BUSINESS
None.
6. REPORTS
Council Member Stigney addressed the problem of graffiti and advised that Ramsey County has
a reward of up to $2,000 for information leading to an arrest and indictment to a person
responsible for criminal damage to property. He suggested those who are interested and wish to
remain anonymous should call Crime Stoppers. He stated he will provide this information to the
Acting City Administrator so it can be presented to the local newspapers and included in an
upcoming Mounds View Mattes.
Council Member Stigney stated at the July 10, 2000 Council meeting, he had indicated that the
motion to adopt the Ordnance on Reliant Energy may be in conflict with the Charter, Section
305, which requires that the ordinance be read in full. He read this section of the Charter and
explained the Charter requires ordinances to be read in full unless the ordinance reading is
dispensed of by the Council.
Mayor Coughlin stated it may have been an oversight but the initial motion to approve indicates
the waiving of reading. He stated his recollection that the waving and reading were unanimously
approved simultaneously. Mayor Coughlin stated if desired, the waving of the reading and
adoption can be considered under two separate motions.
Council Member Quick had no report.
Council Member Thomason had no report.
Mayor Coughlin reported on his attendance at the 10th Anniversary of the Ramsey County
library which was well attended. He thanked all who participated in this occasion.
Mayor Coughlin stated there has been ongoing discussion regarding the area around 35W and
west to new Highway 10 where a sound wall has been requested by the residents. He reported
that last week he spent many hours on the telephone trying to facilitate some discussion on that
matter and to begin that process. Mayor Coughlin explained that Mn/DOT has taken a variety of
sound samples and indicated they are surveying 800 sites with similar noise complaints.
Mn/DOT hopes to have all of that information compiled within the next few weeks at which time
he will contact the Council. Mayor Coughlin stated once this information is received, it will be
better determined where the City of Mounds View is in the process for funding of a noise wall at
that location.
Mounds View City Council July 24, 2000
Regular Meeting Page 3
Mayor Coughlin stated he continues to work with the City’s elected officials to make them aware
of the situation and bring as much pressure to bear as possible to assure Mounds View is
included in this consideration. He stated he will keep the Council apprised as information
becomes available.
Acting City Administrator Ulrich had no report.
City Attorney Long reviewed that the Metropolitan Council has established an Aviation Task
Force to work on the planning of the Metropolitan Reliever Airports and suggested the Council
consider how to track that activity. He stated the Task Force may have some meetings that the
Council wishes to have Mounds View represented to assure the City is not under represented.
Mayor Coughlin noted that Kennedy and Graven has been key in tracking these types of meetings
and asked if it is something City Attorney Long would be comfortable attending on a case-by-
case basis to determine what policy and procedural implications there are with the task force
meetings.
City Attorney Long stated they could determine the meeting schedule and time commitment and,
if it is quite extensive, discussion can be held if a staff person should be assigned. However, if it
is a once a month meeting, they can discuss that option and the billing for that representation.
Mayor Coughlin stated City Attorney Long is knowledgeable with the airport issues and been
involved in the legislation so it may be appropriate for him to attend the Task Force meetings
rather than a staff person who does not have the background information.
City Attorney Long stated they will determine the meeting schedule and report that information
to Acting City Administrator Ulrich.
No further reports were considered.
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
C. Resolution 5452 to Accept Grant Funding for Safe & Sober Traffic
Enforcement Project
D. Approval and Authorization of Edgewood Drive / City Hall Park Lighting
Project
E. Accept Local Surface Water Management Plan and Approve its Release to
Various Agencies
F. Set a Public Hearing for 7:05 p.m., Monday, August 14, 2000, to Discuss and
Consider (1) Resolution 5453, a Resolution Approving the Wetland
Alteration Permit and Development Review Stage of the Proposed Walgreens
PUD; (2) Resolution 5454, a Resolution Approving the Preliminary Plat of
the Proposed Walgreens Major Subdivision; (3) the First Reading
(Introduction) of Ordinance 665, an Ordinance Rezoning Properties
Associated with the Walgreens Development from B-3 and PF to PUD; and
Mounds View City Council July 24, 2000
Regular Meeting Page 4
(4) the First Reading (Introduction) of Ordinance 666, an Ordinance
Vacating the Old Edgewood Drive Right of Way Included within the
Proposed Walgreens PUD.
G. Set a Public Hearing for 7:10 p.m., August 14, 2000, to Discuss and Consider
the First Reading (Introduction) of Ordinance 663, an Ordinance Creating
Language to Administer and Regulate Tattoo and Body Piercing
Establishments within the City of Mounds View.
H. Set a Public Hearing for 7:15 p.m. relating to the proposal of the Mounds
View Economic Development Authority (the “EDA”) to amend the Project
Plan for the EDA’s Mounds View Economic Development Project (the
“Project”) and to amend the tax increment financing plans for the tax
increment financing districts heretofore established within the Project to
reflect increased development goals, activities, expenses and bonded
indebtedness; all pursuant to Minnesota Statutes, Sections 469.001 through
469.047, 469.090 through 469.108, 469.124 through 469.134, and 469.174
through 469.179.
Mayor Coughlin asked the Council if anyone would like to remove Items for discussion.
Council Member Stigney removed Item A, Just and Correct Claims. With regard to Item H, he
asked whether setting the public hearing is a Council or EDA consideration.
Economic Development Coordinator Parrish explained that the actual public hearing is held by
the City Council.
MOTION/SECOND: Thomason/Quick. To Approve the Consent Agenda for Items B, C, D, E,
F, G, and H as presented.
Ayes – 4 Nays – 0 Motion carried.
A. Approve Just and Correct Claims.
Council Member Stigney inquired regarding a claim for Department 4901 to Best Buy in the
amount of $5,848.
Acting City Manager Ulrich stated he will research that expenditure and report back to Council
later in the meeting.
Mayor Coughlin stated the Council will return to that consideration once Acting City Manager
Ulrich has obtained that information.
8. UNFINISHED BUSINESS
None.
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
Mounds View City Council July 24, 2000
Regular Meeting Page 5
There were no requests or comments from the floor.
10. COUNCIL BUSINESS
A. Public Hearing for the Introduction and First Reading of Ordinance 658, an
Ordinance Amending Chapter 1103 of the Zoning Code Pertaining to Fences
and Fence Heights.
Mayor Coughlin opened the Public Hearing at 7:22 p.m.
Planning Associate Ericson explained proposed Ordinance 658 is before the Council for
introduction and first reading. He explained that if approved, it will allow consideration of taller
fences in front yards.
It was noted that Staff and the Planning Commission recommends that the City Council hold the
first reading of this ordinance and schedule the second reading and adoption of this ordinance on
August 14, 2000.
There was no public input.
Mayor Coughlin closed the Public Hearing at 7:23 p.m.
MOTION/SECOND: Quick/Thomason. To Waive the Reading of Ordinance 658, an Ordinance
Amending Chapter 1103 of the Zoning Code Pertaining to Fences and Fence Heights.
Ayes – 4 Nays – 0 Motion carried.
MOTION/SECOND: Quick/Stigney. To Approve the First Reading of Ordinance 658, an
Ordinance Amending Chapter 1103 of the Zoning Code Pertaining to Fences and Fence Heights.
Ayes – 4 Nays – 0 Motion carried.
B. Public Hearing for the Introduction and First Reading of Ordinance 664, an
Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to
Accessory Buildings.
Mayor Coughlin opened the Public Hearing at 7:25 p.m.
Planning Associate Ericson stated Ordinance 664 was drafted to create some flexibility for
residents who want to apply for oversized sheds and garages without the need for a conditional
use permit. He explained that many such requests were being considered and the Council
directed staff to work with the Planning Commission to arrive at a Code revision that would be
more flexible and permissive for the residents, as long as certain predetermined conditions were
met.
Planning Associate Ericson advised the Planning Commission initiated discussion on this issue
on June 7, 2000, and at each meeting subsequent from that point through July 19, the Planning
Mounds View City Council July 24, 2000
Regular Meeting Page 6
Commission developed and refined the language to allow more flexibility which is now
represented by Ordinance 664. On July 19, 2000, the Planning Commission approved Resolution
624-00, which recommends to the City Council adoption of this ordinance.
Planning Associate Ericson explained the changes contemplated by Ordinance 664 are numerous,
the most substantial of which are as follows.
• All property owners are allowed 1,400 square feet of accessory building space subject to
the 20% maximum rear yard coverage ratio.
• All properties are allowed a 952 square foot garage, regardless of footprint of home.
• Three accessory buildings are allowed instead of two.
• Limit of one garage eliminated.
• “Size of accessory building not to exceed footprint of house” requirement eliminated
altogether.
• Distinction between garage and shed eliminated—simply referred to as accessory
buildings.
Planning Associate Ericson explained there are other changes contemplated by Ordinance 664,
some of which are minor and “housekeeping” in nature, while other changes simply clarify the
Code and address “setback” issues which, up to this point, the Code has been silent on.
Planning Associate Ericson stated staff is talking with the Fire Marshall regarding the language
on Page 3 of the ordinance addressing separation between buildings. Currently the Code states
all accessory buildings must be separated by 6 feet but the Building Code only requires a
separation of 3 feet. Planning Associate Ericson explained the proposed ordinance would make
it consistent with the Building Code. However, in that case, the structures must be Fire Code
compliant so a footnote will be added referencing the Fire Code or explicitly stating that any
separation of less than 5 feet will require modifications to meet the Fire Code.
Planning Associate Ericson advised that Staff and the Planning Commission recommend the City
Council hold first reading of Ordinance 664 and scheduling of the second reading and adoption
of this ordinance on August 14, 2000.
There was no public input.
Mayor Coughlin closed the Public Hearing at 7:30 p.m.
MOTION/SECOND: Stigney/Quick. To Waive the Reading of Ordinance 664, an Ordinance
Amending Chapter 1106 of the Zoning Code Pertaining to Accessory Buildings.
Ayes – 4 Nays – 0 Motion carried.
MOTION/SECOND: Thomason/Quick. To Approve the First Reading of Ordinance 664, an
Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to Accessory Buildings.
Council Member Stigney asked if the 3-foot separation is measured from the outside of the
building.
Mounds View City Council July 24, 2000
Regular Meeting Page 7
Planning Associate Ericson stated the measurement is from wall to wall of any building
considered as a structure. He stated there is an allowance given for eaves.
Mayor Coughlin stated the setback is usually measured from the outside of one exterior wall to
the outside of the other exterior wall.
Ayes – 4 Nays – 0 Motion carried.
A. Approve Just and Correct Claims – continued.
Acting City Manager Ulrich reported that Department 4901 is the account for the Golf Course for
Clubhouse Operations.
MOTION/SECOND: Quick/Thomason. To Approve Just and Correct Claims.
Council Member Stigney stated he would like to know what the purchase was for since it was
from Best Buy.
Mayor Coughlin noted the policy to encourage the Council to contact staff members prior to the
meeting so staff can be prepared to answer such a question.
Ayes – 4 Nays – 0 Motion carried.
C. Consideration of Business License Applications.
Assistant to the City Administrator Reed stated she is requesting approval of four business
licenses as follows: Larry’s Quality Sanitation, Donut Connection, Mounds View Best Steak
House, and Taco Bell. She reported each has paid the appropriate fee and the Utility, Police, and
Health reports indicate that there are no violations that would prohibit the renewal of these
license applications.
MOTION/SECOND: Stigney/Thomason. To Approve business license applications for Larry’s
Quality Sanitation, Donut Connection, Mounds View Best Steak House, and Taco Bell as
recommended by staff.
Mayor Coughlin noted the mention in staff’s report about the five businesses that were operating
without a Mounds View business license.
Assistant to the City Administrator Reed stated the original letters indicating licenses would
expire were mailed in May and expired on June 30. On July 5, she sent an another letter but to-
date there are five businesses that are operating without a City of Mounds View Business
License. Those businesses include: Blimpies Subs & Salads, Hardees, KFC, Perkins Family
Restaurant and Subway. She explained that since those five businesses have not submitted
renewal applications, she would recommend making one more attempt to reach them by mail
Mounds View City Council July 24, 2000
Regular Meeting Page 8
Mayor Coughlin stated since five businesses are operating without a license, he would like to
request a legal opinion regarding actions to be considered in addition to sending out one more
letter.
City Attorney Long stated if some businesses renew and others do not renew, the question can be
raised by the compliant businesses asking why they are required while others do not have a
license. He advised that operating without a license is a violation of the Code and a
misdemeanor. He stated it would also be subject to civil penalties. City Attorney Long
suggested the next letter include a clause putting them on notice that operating in the City
without a license is in violation of the City Code. He stated there are two alternatives: a criminal
procedure of the misdemeanor and/or civil actions.
Council Member Stigney asked if the City has a late charge fee policy.
Assistant to the City Administrator Reed stated there is a late fee of 10% for some licenses, such
as garbage and rubbish haulers. However, the Code does not include a late fee for restaurants.
Mayor Coughlin suggested direction to staff to add a 10% late fee penalty for this license.
Assistant to the City Administrator Reed asked if that should be implemented to all licenses
issued or just to add restaurant licenses.
Mayor Coughlin suggested it be added to all licenses that are issued by the City since it incurs
additional staff time and costs.
The Council agreed to this suggestion as well as including the language suggested by City
Attorney Long in the next letter sent to non-compliant businesses.
Ayes – 4 Nays – 0 Motion carried.
D. Consideration of Resolution 5456 Approving Rice Creek Watershed District
Ponding Concept Plan for Greenfield Park.
Mayor Coughlin advised that Resolution 5456 simply approves a concept and does not “tie” the
City to a particular plan or to do this. The Resolution will simply allowing the Watershed
District to budget and set aside funds for a potential project and establishes an ability for the City
to facilitate information groups and public hearings to assure all understand what is being
discussed.
MOTION/SECOND: Quick/Thomason. To waive the reading and approve of Resolution 5456
Approving Rice Creek Watershed District Ponding Concept Plan for Greenfield Park.
Ayes – 4 Nays – 0 Motion carried.
11. Next Council Work Session: Monday, August 7, 2000 – 6:00 P.M.
Next Council Meeting: Monday, August 14, 2000 – 7:00 P.M.
Mounds View City Council July 24, 2000
Regular Meeting Page 9
12. ADJOURNMENT
Mayor Coughlin adjourned the meeting at 7:43 p.m.
Transcribed and recorded by:
Carla Wirth
TimeSaver Off Site Secretarial, Inc.
Item No. 7B
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: August 14, 2000
Please consider the following contractor licenses for approval. The licenses listed will expire on
December 31, 2000. All applicants have submitted appropriate fees and proof of insurance.
Licenses are noted with a “New” or “Renewal” after the company name. Those licenses defined
as “new” include all applicants that have never been licensed with the City or have not been
licensed within the past two years. Those defined as “renewal” were licensed in the last half of
1999.
GENERAL (COMMERCIAL)
R.A.W. Remodeling – New
HVAC
Air Mechanical, Inc. – New
Staff Recommendation: Approve license applications as requested.
Item No: 10A
Meeting Date: August 14, 2000
Type of Business: PH & CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Planner
Item Title/Subject: Public Hearing, Discussion and Consideration of the
following Walgreens PUD actions: (1) Resolution 5462, a
Resolution Approving the Walgreens PUD and Exchange of
Real Property for and with TOLD Development Company;
(2) Resolution 5453, a Resolution Approving the Wetland
Alteration Permit and Development Review of the Proposed
PUD; (3) Resolution 5454, a Resolution Approving the
Preliminary Plat of the Proposed Walgreens Major
Subdivision; (4) First Reading (Introduction) of Ordinance
665, an Ordinance Rezoning Properties Associated with the
Walgreens PUD from B-3 and PF to PUD and from B-3 to
PF; (5) First Reading (Introduction) of Ordinance 666, an
Ordinance Vacating the Old Edgewood Drive Right of Way
within the Proposed Walgreens PUD; and (6) First Reading
(Introduction) of Ordinance 669, an Ordinance Authorizing
Disposing by Sale of City-Owned Real Property.
Date of Report: July 13, 2000
Background:
As the Council is aware, TOLD Development Company, represented by Mr. Bob
Cunningham, is requesting approval of a planned unit development and major
subdivision to construct a Walgreens Drugstore and restaurant at the corner of
Edgewood Drive and County Highway 10. The Planning Commission has recommended
approval of this request and all associated actions at their meeting on July 19, 2000.
Because of the complexity of this request, there are a number of actions required for
Council Consideration. They are as follows:
• Approval of the PUD and Exchange of Land (Res. 5462)
• Approval of the Development Review and Wetland Alteration Permit (Res. 5453)
• Approval of the Preliminary Plat for the proposed Major Subdivision (Res. 5454)
• Authorization to Rezone the Properties (Ord. 665)
• Authorization to Vacate Unneeded Edgewood Drive Right of Way (Ord. 666)
• Authorization to Dispose by Sale of City-Owned Real property (Ord. 669)
One other action relative to this request will be forthcoming at your next meeting, that
being an ordinance to vacate a city-controlled sign easement where the former
alignment of Edgewood Drive intersected with Highway 10. This particular sign
easement is not the easement for the existing billboard but rather for where the old
Bel Rae Ballroom sign was located.
Walgreens Report
August 14, 2000
Page 2
Discussion:
Staff has been working very closely with the City Attorney to ensure all resolutions,
ordinances and documents related to this request are in the proper form and
construction. Mr. Bob Vose from Kennedy & Graven will be present at your meeting
August 14, 2000, to address any legal considerations and issues relating to this
proposal.
Because of the Council’s familiarity with this project, the primary focus of this report
shall be to discuss the action items relating to the proposed Walgreens PUD rather
than devoting time and effort restating and repeating discussion and comments from
previous staff reports and meetings.
1. Approval of the PUD and Exchange of Land
Resolution 5462 approves the PUD and the proposed exchange of land between the
City and TOLD Development. Please find attached to this report the PUD Document
and the Contract for Private Development relating to this development, both of which
shall act as the governing documents for this planned unit development. This
resolution also directs staff to present an ordinance to rezone the property and an
ordinance to dispose of by sale the remnant parcel.
2. Approval of the Development Review and Wetland Alteration Permit
Resolution 5453 approves the development review stage of the PUD and the wetland
alteration permit. The resolution contains a number of stipulations which will need to
be met concerning revisions to the site plans. The corrections have been agreed upon
by the Developer yet were not included in the latest plan submission.
Rice Creek Watershed District (RCWD) will need to approve the wetland alteration and
grading and drainage plans, as well as any other applicable permitting agency as
determined by RCWD. Preliminary comments from RCWD are very positive.
Regarding the City approval of the wetland alteration, the Municipal Code states that,
“A minimum alteration of a wetland may be allowed when necessary for the use of
property but only when it will not have a substantially or significantly adverse effect, as
determined by the City, upon the ecological and hydrological characteristics of the
wetland.” Staff asserts that given the minimal area proposed to be filled and disturbed,
and the addition of the regional stormwater pond to treat and filter runoff, this condition
is met.
3. Approval of the Mounds View City Hall Addition Preliminary Plat
Resolution 5454 approves the preliminary plat of the proposed major subdivision
subject to stipulations directing the developer to make some minor revisions. The
resolution also stipulates the timeline for final plat approval. Related to the
Walgreens Report
August 14, 2000
Page 3
preliminary plat is Ordinances 666, vacating the old Edgewood Drive right of way, and
Ordinance 668, an ordinance vacating a sign easement which no longer serves a public
purpose. Ordinance 668 will not be before the Council for action until the August 28,
2000 meeting.
Resolution 5454 also stipulates that the Developer shall make a park dedication
payment pursuant to Section 1202.04 of the Municipal Code. The valuation used for
this project is $3.81 per square foot, based on the appraisal performed by Appraisal
Concepts, Inc., dated June 30, 2000. Because the Walgreens project area to be
developed comprises 116,875 square feet, the total dedication required would be
$44,529. As required by the Municipal Code, staff will present this same information
to the Parks and Recreation Commission at its next meeting.
4. Authorization to Rezone the Properties
Ordinance 665 is the vehicle by which the affected properties are formally rezoned.
The area to be developed, as well as the undeveloped Outlot A that the City will
acquire, will be rezoned to PUD from PF and B-3. The Community Center and the 66-
foot strip of land east of the Community center will be rezoned from B-3 to PF. This is
a first reading; second reading and adoption shall be scheduled for August 28, 2000.
5. Authorization to Vacate Edgewood Drive Right of Way
Ordinance 666 is drafted to vacate the old alignment of Edgewood Drive. The basis for
approving any vacation is that the Council shall determine that the public purpose,
need or benefit of the area no longer exists, or that the public purpose and interest
would be better served by the vacation. The ordinance states that the City has
determined that the area no longer serves a public purpose and it is in the public
interest to approve the vacation. This is a first reading; second reading and adoption
shall be scheduled for August 28, 2000.
6. Authorization to Dispose of by Sale City-Owned Real Property
Ordinance 669 is drafted to meet the requirements of the City Charter, which states in
Section 12.05 that any disposal of City-owned land shall be done only by ordinance.
The ordinance indicates that the City has determined that such conveyance will further
the public interest. This is a first reading; second reading and adoption shall be
scheduled for August 28, 2000.
Recommendation:
Hold the public hearing and, if no changes are needed and the Council so desires, take
separate action on each of the six items presented for Council consideration.
Walgreens Report
August 14, 2000
Page 4
____________________
James Ericson, Planner
Attachments:
1. Resolution 5462
2. Resolution 5453
3. Resolution 5454
4. Ordinance 665
5. Ordinance 666
6. Ordinance 669
7. PUD Document
8. Contract for Private Development
9. Development Plans, date-stamped Aug 7, 2000
10. Planning Commission resolution 623-00
11. Appraisal Cover Sheet, dated June 30, 2000
12. Letter from Gerald Ben-Ami, received Aug 8, 2000
Walgreens Report
August 14, 2000
Page 5
N:\DATA\GROUPS\COMDEV\DEVCASES\Walgreens (MA00-001, ZC00-002, DE00-002)\CC Walgreens Report - Aug 14, 2000.doc
RESOLUTION NO. 5462
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE PROPOSED WALGREENS PLANNED UNIT
DEVELOPMENT AND EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF
MOUNDS VIEW AND TOLD DEVELOPMENT COMPANY;
PLANNING CASE NO. PD00-001
WHEREAS, TOLD Development Company (hereinafter “TOLD”) has applied for a
Planned Unit Development (PUD) to construct a Walgreens Drugstore and restaurant at the
northeast corner of Highway 10 and Edgewood Drive; and,
WHEREAS, critical to the approval of the PUD is a proposed exchange of land whereby
TOLD would receive the City’s 1.0 acre “remnant parcel” in return for the City receiving 8.0
acres of the Midland Videen land; and,
WHEREAS, the properties associated with the proposed PUD are generally known as the
City’s remnant parcel and the Midland Videen land, and are all legally-described as follows:
(SEE ATTACHED EXHIBIT 1)
WHEREAS, the City Council has reviewed the following documents relative to this
proposal:
1. Application, dated May 8, 2000
2. Zoning Map
3. Location Map
4. Property Survey, prepared by Loucks Associates, date-stamped June 30, 2000.
5. Preliminary Plat, prepared by Loucks Associates, date-stamped July 13, 2000.
6. Site Plan, prepared by ArchNet, date-stamped August 7, 2000
7. Landscape Plan, prepared by ArchNet, date-stamped August 7, 2000
8. Grading and Drainage Plans, prepared by Sigma, date-stamped August 7, 2000
9. Photometric Analysis
10. Building Elevations and Proposed Signage
11. City Recommended Light Fixtures
12. Commercial Property Appraisal, by Appraisal Concepts, Inc., dated June 30, 2000
13. Resolution 5409, adopted January 10, 2000
14. Planning Commission Resolution 623-00, approved July 19, 2000
15. Resolution 5458, adopted August 14, 2000
16. Resolution 5453, adopted August 14, 2000
WHEREAS, the Comprehensive Plan recommended for approval by the Mounds View
Planning Commission designates the parcels associated with the PUD as CC-PUD, Community
Commercial Planned Unit Development; and,
Resolution No. 5462
August 14, 2000
Page 2
WHEREAS, on January 10, 2000, the City Council of the City of Mounds View
approved Resolution 5409 which gave authority to TOLD to submit an application for a Planned
Unit Development inclusive of City-owned property; and,
WHEREAS, the City Council held a public hearing relative to this request on August 14,
2000; and,
WHEREAS, the City Council makes the following findings regarding the criteria for a
PUD zoning designation as identified in Section 1125.01 Subd. 1.e. of the Mounds View
Municipal Code:
(1) Relationship to Municipal Comprehensive Plan
The proposed uses are consistent with the Comprehensive Plan as recommended for approval by
the Planning Commission. The site is designated for a Community Commercial use. The plan
defines such a use as a “Land use principally engaged in the provision of goods or services with a
primary service to the community.” Examples of such uses would include retail and service-
oriented businesses such as banks, drug stores, restaurants, veterinary clinics or day care centers.
(2) The geographical area involved.
(3) Whether such use will tend to or actually depreciate the area in which it is proposed.
(4) The character of the surrounding area.
The surrounding area is dominated by municipal activities, such as City Hall, the Community
Center and the Public Works building; commercial activities, such as Wynnsong Theatre and
Donatelle’s Supper Club; and natural open space areas. Separated by an expanse of open space to
the east is a single-family home subdivision. Given the separation of distance, it is not expected
that the single-family homes would be depreciated or impacted in any way. The general area in
recent years has become the heart of Mounds View with the development of the 15-screen movie
theatre and construction of the Community Center. It is believed that a Walgreens and proposed
restaurant development would be consistent with and complementary to the immediate area.
(5) The demonstrated need for the use.
The applicant’s client feels strongly, given Mounds View’s existing and anticipated demographical
composition, that this area would be an appropriate and successful location for a neighborhood-
oriented Walgreens. Regarding the proposed restaurant, previous market research and resident
surveys have indicated a strong support and desire for additional non-fast food restaurant choices.
WHEREAS, the City Council finds that this proposal satisfies the purpose and intent of a
PUD as stated in Section 1120.01 of the Mounds View Municipal Code in that the proposal
contemplates the overall development of these properties and provides for an appropriate mix of
complementary uses adding to the vitality of the City Center; and,
WHEREAS, requirements have been included to ensure high quality architectural design
and coordinated signage, preservation of the wetlands, and consideration given to preserving
existing tree cover outside of development areas wherever possible; and,
Resolution No. 5462
August 14, 2000
Page 3
WHEREAS, the City Council finds that this proposal meets the special requirements and
standards for commercial PUDs regarding minimum project size, minimum street frontage and
minimum property width and landscaping; and,
WHEREAS, the PUD stipulations and guidelines which among other things specify the
maximum densities, minimum setbacks and maximum building heights to be allowed, and
special criteria applicable to the development of this PUD are attached as Exhibit 2 to this
Resolution; and,
WHEREAS, the conditions and requirements regarding the proposed exchange of real
property between the City and TOLD are fully addressed in the Contract for Private
Development, attached as Exhibit 3 to this Resolution; and, together with the PUD Document,
shall be considered the governing document for this development; and,
WHEREAS, the Mounds View City Council has received a recommendation of approval
from the Mounds View Planning Commission as stated in Planning Commission Resolution No.
623-00.
NOW, THEREFORE BE IT RESOLVED, having held a public hearing for the
proposed Walgreens PUD and requested exchange of land between the City and TOLD, the
Mounds View City Council approves the Planned Unit Development and exchange of land
subject to the conditions, terms and stipulations as stated in the PUD Document (Exhibit 2) and
the Contract for Private Development (Exhibit 3) and authorizes staff to draft ordinances to
effectuate the rezoning of the subject properties and exchange of land
Adopted this 14th day of August, 2000.
______________________________
Dan Coughlin, Mayor
ATTEST:
______________________________
Michael Ulrich, Interim City Administrator
(SEAL)
S:\DATA\GROUPS\COMDEV\DEVCASES\WALGREENS (MA00-001, ZC00-002, DE00-002)\RESOLUTION 5462- PUD APPROVAL.DOC
Exhibit 1.
Legal Descriptions for Planned Unit Development:
Midland All of Lots 17 and 18 and that part of Lot 16 lying South of a line drawn between
Videen: the Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, all in
Block 5, Pinewood Terrace No. 2, according to the recorded plot thereof, and situate
in Ramsey County, Minnesota.
AND
The tract described as follows: Beginning at the Northwest corner of Lot 17, Block 5,
Pinewood Terrace No. 2, Village of Mounds View, Minnesota, according to the
recorded plot thereof; thence South along the West line of said Lot 17 a distance of
55.19 feet to the actual point of beginning; thence on a curve to the left with a radius
of 20 feet and delta angle of 90 degrees 32 minutes 30 seconds a distance of 31.61
feet; thence East along the South line of said Lot 17 a distance of 72.19 feet; thence
South on a line parallel to the West line of said Pinewood Terrace No. 2 a distance of
66.91 feet; thence on a curve to the right with a radius of 62.5 feet and delta angle of
90 degrees 32 minutes 30 seconds a distance of 98.77 feet; thence West on a tangent
to last said curve a distance of 28.91 feet; thence North on a line parallel to and 33
feet East of said West line a distance of 149.81 feet, more or less, to the actual point
of beginning, according to the recorded plot thereof, and situate in Ramsey County,
Minnesota.
City That part of the Southwest Quarter of the Northwest Quarter of Section 8,
Remnant Township 30 North, Range 23 West, Ramsey County, Minnesota, lying
Parcel: northeasterly of the northeasterly right-of-way line of State Trunk Highway No. 10-
62, lying south of the westerly extension of the south line of Lot 19, Block 5,
Pinewood Terrace No. 2. according to the recorded plat thereof, Ramsey County,
Minnesota, and lying southeasterly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said Pinewood Terrace No.
2; thence southerly on an assumed bearing of South 00 degrees 46 minutes 46
seconds East, along the west line of said Lot 22, a distance of 73.58 feet to the point
of beginning of the line to be described; thence southerly a distance of 330.62 feet
along a tangential curve concave to the northwest having a radius of 383.00 feet and
a central angle of 49 degrees 27 minutes 34 seconds; thence South 48 degrees 40
minutes 48 seconds West, tangent to the last described curve, a distance of 186.68
feet to the northeasterly right-of-way line of State Trunk Highway No. 10-62 and
there terminating.
Vacated Except that part lying north of the westerly extension of the south line of Lot 19,
Edgewood Block 5, Pinewood Terrace No. 2, all of the following:
Drive:
A-1
That part of Edgewood Drive as dedicated in the plat of Pinewood Terrace No. 2,
Ramsey County, Minnesota, and together with that part of Edgewood Drive as
located in the Southwest Quarter of the Northwest Quarter of Section 8, Township
30 North, Range 23 West, Ramsey County, Minnesota, which has become a public
roadway by prescriptive use or recorded easement which lies northeasterly of the
northeasterly right-of-way line of State Trunk Highway No. 10-62 and which lies
southerly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said
Pinewood Terrace No. 2; thence southerly on an assumed
bearing of South 00 degrees 46 minutes 46 seconds East,
along the west line of said Lot 22, a distance of 73.58 feet to
the point of beginning of the line to be described; thence
southerly a distance of 330.62 feet along a tangential curve
concave to the northwest having a radius of 383.00 feet and a
central angle of 49 degrees 27 minutes 34 seconds; thence
South 48 degrees 40 minutes 48 seconds West, tangent to the
last described curve, a distance of 186.68 feet to the
northeasterly right-of-way line of State Trunk Highway No.
10-62 and there terminating.
A-2
RESOLUTION NO. 5453
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING A DEVELOPMENT REVIEW AND WETLAND
ALTERATION PERMIT ASSOCIATED WITH THE PROPOSED WALGREENS
PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT THE NORTHEAST
CORNER OF HIGHWAY 10 AND EDGEWOOD DRIVE;
MOUNDS VIEW PLANNING CASE PD00-001
WHEREAS, TOLD Development Company, (hereinafter, the “Developer”) has applied
for a Planned Unit Development to construct a Walgreens Drugstore and restaurant at the northeast
corner of Highway 10 and Edgewood Drive, on properties legally-described as follows:
(SEE ATTACHED EXHIBIT 1)
WHEREAS, the Developer has requested approval of the second stage of the proposed
PUD process, which is the technical review of all site and improvement plans associated with the
proposed development; and,
WHEREAS, according to a recent delineation performed by SEH, Inc., the proposed
construction activities will occur within 100-feet of a wetland and would involve the filling of
approximately 360 square-feet of wetland area; and,
WHEREAS, according to Section 1010.08 of the Municipal Code, any development
occurring within a wetland requires approval of a wetland alteration permit; and,
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
1. Application, dated May 8, 2000
2. Existing Zoning Map
3. Location Map
4. Property Survey, prepared by Loucks Associates, date-stamped June 30, 2000.
5. Preliminary Plat, prepared by Loucks Associates, date-stamped July 13, 2000.
6. Site Plan, prepared by ArchNet, date-stamped August 7, 2000
7. Landscape Plan, prepared by ArchNet, date-stamped August 7, 2000
8. Grading and Drainage Plans, prepared by Sigma, date-stamped August 7, 2000
9. Photometric Analysis
10. Building Elevations and Proposed Signage
11. City Recommended Light Fixtures
12. Planning Commission Resolution 623-00
Resolution 5453
August 14, 2000
Page 2
WHEREAS, the dimensional requirements associated with the proposed Walgreens PUD
are consistent with the standards and intent of Chapter 1120 of the Mounds View Zoning Code
pertaining to Planned Unit Developments; and,
WHEREAS, the site plans date-stamped August 7, 2000 indicate that the PUD will be
constructed in two phases. Generally, the first phase will involve the relocation of the stormwater
holding pond and construction of the Walgreens and associated infrastructure while the second
phase will involve the construction of the restaurant establishment; and,
WHEREAS, the site plans date-stamped August 7, 2000 indicate provision of 43 parking
stalls for the restaurant use and 103 stalls for the Walgreens for a combined 146 parking stalls;
and,
WHEREAS, the Director of Public Works and the City Engineer have reviewed the site,
grading, utility and drainage plans and finds them to be acceptable and consistent with City
standards subject to revisions as noted herein; and,
WHEREAS, the City Forester has reviewed and approved the proposed Landscape Plans;
and,
WHEREAS, the Mounds View Fire Marshal has reviewed and approved the site and
utility plans and finds them to be consistent with applicable fire codes and fire department
standards; and,
WHEREAS, Rice Creek Watershed District is reviewing the proposed grading and
drainage plans and will take action after submission of the final revised plans; and,
WHEREAS, the Mounds View City Council has reviewed the City Code regarding
wetland alterations and finds the proposed alteration to be consistent with such requirements;
and,
WHEREAS, the Mounds View City Council has received a recommendation of approval
from the Mounds View Planning Commission as stated in Planning Commission Resolution No.
623-00.
NOW THEREFORE BE IT RESOLVED that the Mounds View City Council
approves the development review for the first phase of the Walgreens Planned Unit
Development, subject to the following conditions, terms and stipulations:
1. The developer shall revise the site plan (Page AS1), date-stamped August 7, 2000, as
follows:
a. The bituminous trailways shall be marked at a 9-foot width rather than a 5-foot
width.
b. The trailway within the Highway 10 right of way shall be shown to continue
Resolution 5453
August 14, 2000
Page 3
southeast to connect to St. Stephen Street.
c. The sidewalk along Edgewood Drive shall be shown to continue south to the
intersection on Highway 10 and Edgewood Drive.
d. The access drive to the development from Highway 10 shall be striped to clearly
indicate a pedestrian crossing where the trailway crosses the access drive.
e. For safety considerations, the location of the bituminous trailway shall be revised
to show a curve or jog within thirty (30) feet of both sides of the development’s
Highway 10 access.
f. Two decorative lights spaced 200 feet apart shall be shown along the bituminous
trailway between Edgewood Drive and the Highway 10 access drive. Three such
decorative lights, spaced 200 feet apart, shall be shown along the bituminous
trailway between the Highway 10 access drive and the St. Stephen Street right of
way.
2. The Exterior Signage Details page (Page A5.1) shall be revised to indicate brick or
masonry-based monument signage not to exceed 100 square feet. No pylon signage shall
be permitted within this PUD.
3. The Sign Area Summary on the Exterior Elevations page (Page A2.1) shall be revised by
reducing the total indicated building signage to 200 square feet or less and by eliminating
any reference to pylon signage, instead referencing monument signage as specified on
revised Page A5.1, Exterior Signage Details.
4. The Lighting Plan shall be revised to indicate parking lot light pole heights of 24 feet or
less, elimination of the pole-mounted supplementary flood lights and the locations of the
decorative lighting as stipulated in 1f above. In addition, the lighting plan shall include
detailed light fixture specifications.
5. The Developer shall obtain Rice Creek Watershed District approval of the revised Site
Grading, Drainage and Erosion Control Plan and provide proof of such permit approval to
the City. No City permits will be issued without evidence of an approved Rice Creek
Watershed District permit.
6. As indicated in the PUD Document and Contract for Private Development, the Developer
shall guarantee all landscape plantings to be living for as long as the PUD is in force. The
Developer shall replace any plantings deemed dead or dying by the City Forester within
thirty days receipt of written notification.
7. Approval of this development review is for Phase 1 of the Planned Unit Development
regarding the installation of a relocated stormwater pond and construction of a Walgreens
Drugstore. Phase 2 is not included in this development stage review approval.
Resolution 5453
August 14, 2000
Page 4
NOW THEREFORE BE IT FURTHER RESOLVED that the Mounds View City
Council approves the wetland alteration permit (1) to fill approximately 360 square feet of
delineated wetland area, (2) to disturb and restore 220 lineal feet within the delineated wetland
for storm sewer installation, and (3) to permit grading and construction activities, installation of
parking areas and a paved trailway within five feet of the delineated wetland; as indicated on the
Site Grading, Drainage and Erosion Control Plan, date-stamped August 7, 2000; subject to the
following stipulations:
1. The Site Grading, Drainage and Erosion Control Plan (Page C1.0), date-stamped August
7, 2000 shall be revised as follows:
a. The storm sewer shown to cross the wetland shall be relocated, without moving
the terminus, such that the beginning point is located 120 feet further south, thus
disturbing the wetland in the most limited extent possible.
b. The specifications for the relocated stormwater pond shall be revised to show a
safety shelf below the pond’s expected ordinary high water level (OHWL).
c. The location of the silt fence near the wetland fill area shall not encroach into the
wetland area any further than is absolutely necessary to perform the required site
improvements.
2. Other than what is indicated on the Site Grading, Drainage and Erosion Control Plan,
date-stamped August 7, 2000, no development activities shall encroach within or disturb
the delineated wetland.
3. Proper and effective erosion control measures shall be installed and remain functional
throughout the construction period and remain in place until such time that all disturbed
areas have been resodded, landscaped or are supportive of natural vegetative regrowth.
4. Only clean fill, substantially free of chemical pollutants and contaminants, shall be
brought onto the site.
5. No waste--solid, hazardous or otherwise--shall be allowed to enter directly or indirectly
into the wetland.
6. Grading of the site shall not deviate from the approved plan without the express written
consent of the Director of Public Works after review by the City Engineer
7. Approval shall be subject to the applicant being obtaining a Rice Creek Watershed
District (RCWD) Permit. The Site Grading, Drainage and Erosion Control Plan, date-
stamped August 7, 2000, shall be revised if deemed necessary by RCWD. No City
permits will be issued without evidence of a Rice Creek Watershed Permit.
Resolution 5453
August 14, 2000
Page 5
Adopted this 14th day of August, 2000.
_________________________________
Dan Coughlin, Mayor
ATTEST:
_________________________________
Michael Ulrich, Interim City Administrator
(SEAL)
T:\DATA\GROUPS\COMDEV\DEVCASES\WALGREENS (MA00-001, ZC00-002, DE00-002)\RESOLUTION 5453 - WAP & DEV REV.DOC
Resolution 5453
August 14, 2000
Page 6
Exhibit 1.
Midland Videen:
All of Lots 17 and 18 and that part of Lot 16 lying South of a line drawn between the Southeasterly corner of Lot
19 and the Southwesterly corner of Lot 4, all in Block 5, Pinewood Terrace No. 2, according to the recorded plot
thereof, and situate in Ramsey County, Minnesota.
AND
The tract described as follows: Beginning at the Northwest corner of Lot 17, Block 5, Pinewood Terrace No. 2,
Village of Mounds View, Minnesota, according to the recorded plot thereof; thence South along the West line of
said Lot 17 a distance of 55.19 feet to the actual point of beginning; thence on a curve to the left with a radius of 20
feet and delta angle of 90 degrees 32 minutes 30 seconds a distance of 31.61 feet; thence East along the South line
of said Lot 17 a distance of 72.19 feet; thence South on a line parallel to the West line of said Pinewood Terrace
No. 2 a distance of 66.91 feet; thence on a curve to the right with a radius of 62.5 feet and delta angle of 90 degrees
32 minutes 30 seconds a distance of 98.77 feet; thence West on a tangent to last said curve a distance of 28.91 feet;
thence North on a line parallel to and 33 feet East of said West line a distance of 149.81 feet, more or less, to the
actual point of beginning, according to the recorded plot thereof, and situate in Ramsey County, Minnesota.
City Remnant Parcel:
That part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30 North, Range 23 West,
Ramsey County, Minnesota, lying northeasterly of the northeasterly right-of-way line of State Trunk Highway No.
10-62, lying south of the westerly extension of the south line of Lot 19, Block 5, Pinewood Terrace No. 2. according
to the recorded plat thereof, Ramsey County, Minnesota, and lying southeasterly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said Pinewood Terrace No. 2; thence
southerly on an assumed bearing of South 00 degrees 46 minutes 46 seconds East, along the west
line of said Lot 22, a distance of 73.58 feet to the point of beginning of the line to be described;
thence southerly a distance of 330.62 feet along a tangential curve concave to the northwest having a
radius of 383.00 feet and a central angle of 49 degrees 27 minutes 34 seconds; thence South 48
degrees 40 minutes 48 seconds West, tangent to the last described curve, a distance of 186.68 feet to
the northeasterly right-of-way line of State Trunk Highway No. 10-62 and there terminating.
Vacated Edgewood Drive:
Except that part lying north of the westerly extension of the south line of Lot 19, Block 5, Pinewood Terrace
No. 2, all of the following:
That part of Edgewood Drive as dedicated in the plat of Pinewood Terrace No. 2, Ramsey County,
Minnesota, and together with that part of Edgewood Drive as located in the Southwest Quarter of
the Northwest Quarter of Section 8, Township 30 North, Range 23 West, Ramsey County,
Minnesota, which has become a public roadway by prescriptive use or recorded easement which lies
northeasterly of the northeasterly right-of-way line of State Trunk Highway No. 10-62 and which
lies southerly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said Pinewood Terrace No. 2;
thence southerly on an assumed bearing of South 00 degrees 46 minutes 46 seconds
East, along the west line of said Lot 22, a distance of 73.58 feet to the point of beginning
of the line to be described; thence southerly a distance of 330.62 feet along a tangential
curve concave to the northwest having a radius of 383.00 feet and a central angle of 49
degrees 27 minutes 34 seconds; thence South 48 degrees 40 minutes 48 seconds West,
tangent to the last described curve, a distance of 186.68 feet to the northeasterly right-of-
way line of State Trunk Highway No. 10-62 and there terminating.
A-1
RESOLUTION NO. 5454
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE MOUNDS VIEW
CITY HALL ADDITION PROPOSED BYTOLD DEVELOPMENT COMPANY;
PLANNING CASE NO. PD00-001
WHEREAS, TOLD Development Company (hereinafter the “Developer”) has applied
for a Major Subdivision to subdivide and reorganize properties within its proposed planned unit
development at the northeast corner of Highway 10 and Edgewood Drive; and,
WHEREAS, a preliminary plat date-stamped August 10, 2000 and titled “MOUNDS VIEW
CITY HALL ADDITION” has been submitted by the applicant; and,
WHEREAS, the properties included with the Major Subdivision are legally-described as
follows:
(SEE ATTACHED EXHIBIT 1)
WHEREAS, on January 10, 2000, the City Council of the City of Mounds View
approved Resolution 5409 which gave authority to the Developer to submit an application for a
Planned Unit Development and Major Subdivision inclusive of City-owned property; and,
WHEREAS, the City Council has reviewed the following documents relative to this
proposal:
1. Application, dated May 8, 2000
2. Zoning Map
3. Location Map
4. Property Survey, prepared by Loucks Associates, date-stamped June 30, 2000.
5. Preliminary Plat, prepared by Loucks Associates, date-stamped August 10, 2000.
6. Resolution 5409, adopted January 10, 2000
7. Planning Commission Resolution 623-00, approved July 19, 2000
WHEREAS, the Comprehensive Plan recommended for approval by the Mounds View
Planning Commission designates the parcels associated with the PUD as CC-PUD, Community
Commercial Planned Unit Development; and,
WHEREAS, the Mounds View City Council has reviewed the proposed preliminary plat
which contemplates the subdivision of City Hall property by splitting off the “Remnant Parcel”
created by the new alignment of Edgewood Drive and the reorganization of Midland Videen
properties to create two developable parcels fronting the realigned Edgewood Drive and one
undevelopable Outlot fronting Highway 10 and finds that the proposed preliminary plat is in
conformance with all applicable sections of the Mounds View Municipal Code; and,
Resolution No. 5454
August 14, 2000
Page 2
WHEREAS, the City Attorney has reviewed the preliminary plat and finds it to be in
conformance with all applicable sections of the Mounds View Municipal Code; and,
WHEREAS, the City Council held a public hearing relative to this request on August 14,
2000; and,
WHEREAS, the conditions and requirements regarding the proposed exchange of real
property between the City and the Developer are fully addressed in the Contract for Private
Development; and,
WHEREAS, the Mounds View City Council has received a recommendation of approval
from the Mounds View Planning Commission as stated in Planning Commission Resolution No.
623-00.
NOW, THEREFORE BE IT RESOLVED, having held a public hearing for the
proposed major subdivision, the Mounds View City Council approves the preliminary plat for the
Mounds View City Hall Addition subject to the terms and conditions as stated in the Contract for
Private Development and subject to stipulations as follows:
1. Developer shall revise the Preliminary Plat to indicate a minimum five-foot wide
easement for drainage and public utility purposes around the perimeter of
proposed Lot 2 and Lot3, Block 2, excluding the common property line between said
Lots.
2. Developer shall revise the Preliminary Plat to include notations pertaining to
Documents recorded with Ramsey County effectuating the proposed right of way
vacation and sign easement area vacation.
3. Developer shall revise the drainage and utility easement area shown on the
Preliminary Plat to fully encompass the proposed configuration of the relocated
stormwater pond.
4. Developer shall apply for final plat approval with the City no later than three (3)
months after the date of approval of the preliminary plat; otherwise, the preliminary
plat will be void unless an extension is granted by the City Council.
5. Before any permits are issued for this subdivision (building, grading or otherwise), the
applicant shall have paid a park dedication fee in amount specified by the City
Council as required in Section 1204.02 of the Municipal Code according to the
appraisal report dated June 30, 2000.
Adopted this 14th day of August, 2000.
Resolution No. 5454
August 14, 2000
Page 3
______________________________
Dan Coughlin, Mayor
ATTEST:
______________________________
Michael Ulrich, Interim City Administrator
(SEAL)
Resolution No. 5454
August 14, 2000
Page 4
N:\DATA\GROUPS\COMDEV\DEVCASES\WALGREENS (MA00-001, ZC00-002, DE00-002)\RESOLUTION 5454 - PRE PLAT.DOC
Exhibit 1.
Legal Descriptions for Major Subdivision:
City Hall: That part of the Southwest Quarter of the Northwest Quarter of Section 8,
Township 30, Range 23, lying North of State Highway 10- 62, according to the
United States Government Survey thereof and situate in Ramsey County,
Minnesota.
AND
The North 30 feet of the West 254 feet of the South 15 Acres of the Northwest
Quarter of the Northwest Quarter of Section 8, Township 30 North, Range 23
West, and all that part of the South 15 Acres lying Northeasterly of State Highway
10-62 Except the West 254 feet thereof, according to the United States
Government Survey thereof and situate in Ramsey County, Minnesota.
Community Lots 19, 20, 21, and 22; That part of Lot 16, lying North of a line drawn between
Center: the Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, except
the East 66 feet of said Lot 16; all in Block 5, Pinewood Terrace No. 2, according
to the recorded plat thereof, and situate in Ramsey County, Minnesota.
Midland All of Lots 17 and 18 and that part of the East 66 feet of Lot 16 lying North of a
Videen: line drawn between the Southeasterly corner of Lot 19 and the Southwesterly
corner of Lot 4, also that part of Lot 16 lying South of a line drawn between the
Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, all in Block
5, Pinewood Terrace No. 2, according to the recorded plot thereof, and situate in
Ramsey County, Minnesota.
AND
The tract described as follows: Beginning at the Northwest corner of Lot 17,
Block 5, Pinewood Terrace No. 2, Village of Mounds View, Minnesota, according
to the recorded plot thereof; thence South along the West line of said Lot 17 a
distance of 55.19 feet to the actual point of beginning; thence on a curve to the left
with a radius of 20 feet and delta angle of 90 degrees 32 minutes 30 seconds a
distance of 31.61 feet; thence East along the South line of said Lot 17 a distance
of 72.19 feet; thence South on a line parallel to the West line of said Pinewood
Terrace No. 2 a distance of 66.91 feet; thence on a curve to the right with a radius
of 62.5 feet and delta angle of 90 degrees 32 minutes 30 seconds a distance of
98.77 feet; thence West on a tangent to last said curve a distance of 28.91 feet;
thence North on a line parallel to and 33 feet East of said West line a distance of
149.81 feet, more or less, to the actual point of beginning, according to the
recorded plot thereof, and situate in Ramsey County, Minnesota.
SJR-184037v1
MU210-48
ORDINANCE NO. 665
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE APPROVING A REZONING OF PARCELS FROM PF (PUBLIC
FACILITIES DISTRICT) AND B-3 (HIGHWAY BUSINESS DISTRICT) TO PUD
(PLANNED UNIT DEVELOPMENT DISTRICT)
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings” is
hereby amended to include reference to the following Ordinance 665.
Subdivision 1. Purpose. The Mounds View City Council has determined that to further
economic development and organized land use controls that the present zoning classification of
certain parcels should be reclassified to be consistent with the Mounds View Zoning Code and
the proposed Mounds View Comprehensive Plan.
Subdivision 2. The City’s official Zoning Map and the zoning classification for the
following described parcels are hereby amended as follows:
Parcel Legal Description Existing Zoning
Designation
New Zoning
Designation
See Exhibit A (Generally, City Remnant Parcel) PF PUD
See Exhibit B (Generally, Midland-Videen land) B-3 PUD
See Exhibit C (Generally, Community Center) B-3 PF
SECTION 2. This ordinance is effective thirty days after its publication.
Read by the City Council of the City of Mounds View this 14th day of August, 2000.
Read and passed by the City Council of the City of Mounds View on this __ day of ____,
2000.
Ordinance 665
Page 2
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_______________________________________
Dan Coughlin, Mayor
ATTEST
_______________________________________
Michael Ulrich, Interim City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________
City Attorney
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Exhibit A
That part of the Southwest Quarter of the Northwest Quarter of Section 8,
Township 30 North, Range 23 West, Ramsey County, Minnesota, lying
northeasterly of the northeasterly right-of-way line of State Trunk Highway No.
10-62, lying south of the westerly extension of the south line of Lot 19, Block 5,
Pinewood Terrace No. 2., according to the recorded plat thereof, Ramsey County,
Minnesota, and lying southeasterly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said Pinewood Terrace
No. 2; thence southerly on an assumed bearing of South 00 degrees 46 minutes
46 seconds East, along the west line of said Lot 22, a distance of 73.58 feet to the
point of beginning of the line to be described; thence southerly a distance of
330.62 feet along a tangential curve concave to the northwest having a radius of
383.00 feet and a central angle of 49 degrees 27 minutes 34 seconds; thence
South 48 degrees 40 minutes 48 seconds West, tangent to the last described
curve, a distance of 186.68 feet to the northeasterly right-of-way line of State
Trunk Highway No. 10-62 and there terminating.
A-1
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Exhibit B
All of Lots 17 and 18 and that part of Lot 16 lying south of a line drawn between the
Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, all in Block 5,
Pinewood Terrace No. 2, according to the recorded plot thereof, and situate in Ramsey
County, Minnesota.
AND
The tract described as follows: Beginning at the Northwest corner of Lot 17, Block 5,
Pinewood Terrace No. 2, Village of Mounds View, Minnesota, according to the recorded
plot thereof; thence South along the West line of said Lot 17 a distance of 55.19 feet to
the actual point of beginning; thence on a curve to the left with a radius of 20 feet and
delta angle of 90 degrees 32 minutes 30 seconds a distance of 31.61 feet; thence East
along the South line of said Lot 17 a distance of 72.19 feet; thence South on a line
parallel to the West line of said Pinewood Terrace No. 2 a distance of 66.91 feet; thence
on a curve to the right with a radius of 62.5 feet and delta angle of 90 degrees 32 minutes
30 seconds a distance of 98.77 feet; thence West on a tangent to last said curve a distance
of 28.91 feet; thence North on a line parallel to and 33 feet East of said West line a
distance of 149.81 feet, more or less, to the actual point of beginning, according to the
recorded plot thereof, and situate in Ramsey County, Minnesota.
B-1
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Exhibit C
Lots 19, 20, 21, and 22 and that part of Lot 16 lying North of a line drawn between the
Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4; all in Block 5,
Pinewood Terrace No. 2, according to the recorded plat thereof, and situate in Ramsey
County, Minnesota.
C-1
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ORDINANCE NO. 666
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE VACATING AN UNUSED AND PREVIOUSLY
TRAVELED PORTION OF EDGEWOOD DRIVE IN THE CITY OF
MOUNDS VIEW.
WHEREAS, the right-of-way for Edgewood Drive has been physically reconstructed and
realigned, with such realigned right-of-way for Edgewood Drive to be dedicated to the public
pursuant to the plat of Mounds View City Hall Addition;
WHEREAS, the former right-of-way for Edgewood Drive, as legally described on Exhibit
A, is no longer needed for a public purpose;
WHEREAS, any person, corporation or City owning or controlling utility easements
contained upon the property vacated reserves the right to continue maintaining the same or to enter
upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend
thereto; and
WHEREAS, it is intended that any person, corporation or city owning or controlling utility
easements contained upon the property vacated shall realign the same with the realigned right-of-
way for Edgewood Drive to be dedicated to the public pursuant to the plat of Mounds View City
Hall Addition.
NOW THEREFORE,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Special Ordinance No. 666.
Subdivision 1. The City has made a determination that the land constituting the public
roadway easement of the previously traveled Edgewood Drive is no longer needed for a public
purpose, and as such, it is in the public interest to vacate such portion of the previously traveled
Edgewood Drive roadway easement described as follows:
See Exhibit A.
Subd. 2. The public utilities or facilities located in the portion of the Edgewood Drive
roadway easement area to be vacated described in Exhibit A of this ordinance are intended to be
relocated to the realigned right-of-way for Edgewood Drive to be dedicated to the public pursuant
to the plat of Mounds View City Hall Addition. The proposed vacation of the portion of the
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Edgewood Drive roadway easement therefore will not adversely affect the ability of the City or
other utility to maintain, repair, or replace public utilities.
Subd. 3. The Council finds that there is no longer a public need for that portion of the
Edgewood Drive roadway easement to be vacated, as described in Exhibit A of this ordinance.
Subd. 4. The portion of the roadway easement, as described in Exhibit A of this ordinance,
is hereby vacated.
SECTION 2. This ordinance takes effect 30 days after its publication.
Read by the City Council of the City of Mounds View this ____ day of ________, 2000.
Read and passed by the City Council of the City of Mounds View this _____ day of
_____________, 2000.
Dan Coughlin, Mayor
Michael Ulrich,
Interim City Clerk-Administrator
APPROVED AS TO FORM:
City Attorney
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Exhibit A
Legal Description of Portion of Edgewood Drive to be Vacated
That part of Edgewood Drive as dedicated in the plat of Pinewood Terrace No. 2, Ramsey County,
Minnesota, and together with that part of Edgewood Drive as located in the Southwest Quarter of
the Northwest Quarter of Section 8, Township 30 North, Range 23 West, Ramsey County,
Minnesota, which has become a public roadway by prescriptive use or recorded easement which
lies northeasterly of the northeasterly right-of-way line of State Trunk Highway No. 10-62 and
which lies southerly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said Pinewood Terrace
No. 2; thence southerly on an assumed bearing of South 00 degrees 46 minutes 46
seconds East, along the west line of said Lot 22, a distance of 73.58 feet to the point
of beginning of the line to be described; thence southerly a distance of 330.62 feet
along a tangential curve concave to the northwest having a radius of 383.00 feet and
a central angle of 49 degrees 27 minutes 34 seconds; thence South 48 degrees 40
minutes 48 seconds West, tangent to the last described curve, a distance of 186.68
feet to the northeasterly right-of-way line of State Trunk Highway No. 10-62 and
there terminating.
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ORDINANCE NO. 669
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING DISPOSAL BY SALE
OF REAL PROPERTY OWNED BY CITY
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Appendix D of the Mounds View Municipal Code entitled “’Special Ordinances”
is hereby amended to include reference to the following Ordinance 669.
Subdivision 1. The City of Mounds View owns an approximate 1 acre parcel of land in
Ramsey County, Minnesota, the legal description of the property being as follows:
That part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30
North, Range 23 West, Ramsey County, Minnesota, lying northeasterly of the
northeasterly right-of-way line of State Trunk Highway No. 10-62, lying south of the
westerly extension of the south line of Lot 19, Block 5, Pinewood Terrace No. 2.
according to the recorded plat thereof, Ramsey County, Minnesota, and lying
southeasterly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said Pinewood Terrace
No. 2; thence southerly on an assumed bearing of South 00 degrees 46 minutes
46 seconds East, along the west line of said Lot 22, a distance of 73.58 feet to the
point of beginning of the line to be described; thence southerly a distance of
330.62 feet along a tangential curve concave to the northwest having a radius of
383.00 feet and a central angle of 49 degrees 27 minutes 34 seconds; thence
South 48 degrees 40 minutes 48 seconds West, tangent to the last described
curve, a distance of 186.68 feet to the northeasterly right-of-way line of State
Trunk Highway No. 10-62 and there terminating.
Subdivision 2. Meridian Properties Redevelopment, LLC, d/b/a TOLD Development
Company has applied for a Planned Unit Development (PUD) to construct a Walgreens
Drugstore and restaurant on the City property, has offered approximately 8.0 acres of land
commonly known as the “Midland Videen land” in exchange for the City property, and has
offered to make certain improvements to both properties. In exchange for such land and
improvements, the City desires to convey the property to allow development thereof. The City
Council has determined that conveyance of the City property will further the public interest.
Subdivision 3. As provided by Section 12.05 of the City Charter, the City Council
authorizes conveyance of the above-referenced property to Meridian Properties Redevelopment,
LLC, d/b/a TOLD Development Company pursuant to the terms of a Contract for Private
Ordinance 669
Page 2
Development to be entered into between the City and TOLD Development Company. No
proceeds will result from this conveyance.
SECTION 2. This ordinance is effective thirty days after its publication.
Read by the City Council of the City of Mounds View this 14th day of August, 2000.
Read and passed by the City Council of the City of Mounds View on this __ day of ____,
2000.
_______________________________________
Dan Coughlin, Mayor
ATTEST
_______________________________________
Michael Ulrich, Interim City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________
City Attorney
N:\DATA\GROUPS\COMDEV\DEVCASES\Walgreens (MA00-001, ZC00-002, DE00-002)\Ordinance 669 - Disposal of Real Property.doc
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CONTRACT FOR PRIVATE DEVELOPMENT
by and Between
THE CITY OF MOUNDS VIEW
and
MERIDIAN PROPERTIES REDEVELOPMENT, LLC
D/B/A TOLD DEVELOPMENT COMPANY
This Instrument Drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
Telephone: (612) 337-9300
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CONTRACT FOR PRIVATE DEVELOPMENT
THIS AGREEMENT is made and entered into as of this _____________ day of
___________, 2000, by and between the City of Mounds View, a municipal corporation under
the laws of the State of Minnesota (the "City"), located at 2401 Highway 10, Mounds View,
Minnesota 55112-1499, and Meridian Properties Redevelopment, LLC, d/b/a TOLD
Development Company, a Minnesota limited liability company (the “Developer”), located at
_____________________________________, Minnesota _____.
RECITALS
WHEREAS, the City is the owner in fee simple of the parcel of land (“Parcel A") located
in the City of Mounds View, County of Ramsey, State of Minnesota, and legally described in
Exhibit A.
WHEREAS, the Developer is the owner in fee simple of the parcel of land (“Parcel B")
located in the City of Mounds View, County of Ramsey, State of Minnesota, and legally
described in Exhibit B.
WHEREAS, the Developer wishes to acquire and develop Parcel A as retail and
restaurant space (the “Project”); and
WHEREAS, the Developer has offered to exchange Parcel B and provide other
consideration as provided herein in return for the City’s property and right to develop the same in
accordance with this Agreement; and
WHEREAS, the Developer has requested approval of a planned unit development and has
submitted information and plans detailing the Project (“Project Plan”); and
WHEREAS, the Developer has proposed a development ("Development") which the City
believes will promote and carry out the objectives of the City, and will be in the best interests of
the City; and
WHEREAS, the Developer proposes to construct on Parcel A a Walgreens and a
restaurant, with an estimated market value collectively of $__________; and
WHEREAS, the Developer is willing to purchase and develop Parcel A in accordance
with this Agreement; and
WHEREAS, the City desires to convey Parcel A to Developer, subject to the terms of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations of the
City and the Developer, each party does hereby represent, covenant and agree with the other as
follows:
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ARTICLE I.
DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION
Section 1.1. Definitions. In this Agreement, the following terms have the meaning given
below unless the context clearly requires otherwise:
(a) City. City of Mounds View, Minnesota.
(b) Development Plans. Collectively, the plans, drawings and related documents
related to the Improvements.
(c) Developer. Meridian Properties Redevelopment, LLC, d/b/a TOLD Development
Company, a Minnesota limited liability company.
(d) Development. The Property and the Improvements to be constructed thereon
according to the Development Plans approved by the City.
(e) Improvements. A Walgreens retail store, a restaurant, and all certain accessory
structures, landscaping, and site improvements constructed on Parcels A and B by
the Developer, as specified herein and in the Development Plans approved by the
City.
(f) Minimum Value. $____________ which represents the expected minimum
appraised value of the Development after the Developer has constructed the
Improvements.
(g) Permitted Encumbrances. Permitted Encumbrances shall include the following
items: (i) taxes and installments of special assessments payable in 2000 and in
subsequent years; (ii) building and zoning laws, and federal, state and local laws,
ordinances and regulations; (iii) easements for public streets, drainage, utilities,
highways and roads existing now and at closing; (iv) liens, easements,
encumbrances, agreements, restrictions, conditions and covenants of record, if
any, as of the date hereof; and (v) the terms, conditions, covenants and agreements
set forth in this Agreement.
(h) Property. The real property located in Mounds View, Minnesota, and identified
herein as Parcel A and B as the context may require.
(i) Unavoidable Delays. Delays which are the direct result of strikes, labor troubles,
fire or other casualty to the Improvements, litigation commenced by third parties
which results in delays or acts of any federal, state or local government, except
those contemplated by this Agreement, which are beyond the control of the
Developer.
Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a
part of this Agreement:
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A. Legal Description of Parcel A.
B. Legal Description of Parcel B.
C. Form of Certificate of Completion
D. Form of Quit Claim Deeds
E. Development Plans
F. Planned Unit Development document
G. Estimate of Cost of Public Improvements
Section 1.3. Rules of Interpretation.
(a) This Agreement shall be interpreted in accordance with and governed by the laws
of the State of Minnesota.
(b) The words “herein” and “hereof” and words of similar import, without reference
to any particular section or subdivision, refer to this Agreement as a whole rather
than any particular section or subdivision hereof.
(c) References herein to any particular section or subdivision hereof are to the section
or subdivision of this Agreement as originally executed.
(d) Any titles of the several parts, articles and sections of this Agreement are inserted
for convenience and reference only and shall be disregarded in construing or
interpreting any of its provisions.
(e) Wherever the context requires or permits, the singular shall include the plural, the
plural shall include singular, and the masculine, feminine, and neuter shall be
freely interchangeable.
ARTICLE II.
REPRESENTATIONS AND UNDERTAKING
Section 2.1. By the Developer. The Developer makes the following representations and
undertakings:
(a) The Developer has the legal authority and power to enter into this Agreement and
has duly authorized the execution, delivery and performance of this Agreement;
(b) The Developer has or will obtain good and marketable title to Parcel B and will
convey same to City as provided herein;
(c) The Developer has the necessary equity capital or will obtain commitments for
financing necessary for construction of the Improvements;
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(d) The Developer will construct the Improvements in accordance with the terms of
this Agreement, and all local, state and federal laws and regulations;
(e) The Developer will obtain, in a timely manner, all required permits, licenses and
approvals, including approval of a final Planned Unit Development document of a
form attached as Exhibit F, and will meet, in a timely manner, the requirements of
all local, state and federal laws and regulations which must be obtained or met
before the Improvements may be constructed; and
(f) 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.
(g) 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.
(h) 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.
Section 2.2. By the City. The City makes the following representations as the basis for
the undertaking on its part herein contained:
(a) The City is authorized by law to enter into this Agreement and to carry out its
obligations hereunder; and
(b) The City has or will obtain good and marketable title to Parcel A and will convey
same to Developer as provided herein.
(c) The City will, in a timely manner, subject to all notification requirements, review
and act upon all submittals and applications of the Developer and will cooperate
with the efforts of Developer to secure the granting of any permit, license, or other
approval required to allow the construction of the Improvements; provided,
however, that nothing contained in this subparagraph 2.2(c) shall be construed to
limit in any way the reasonable and legitimate exercise of the City’s discretion in
considering any submittal or application or to modify or link the absolute
discretion of the City with regard to any matter in which the City’s review or
approval is necessary or desired.
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ARTICLE III.
CONVEYANCE OF PROPERTY
Section 3.1
(a) Sale of Parcel A to Developer. The City agrees to sell Parcel A to the Developer
and the Developer agrees to purchase the Parcel A from the City in “as is”
condition. At closing, the City agrees to convey Parcel A to the Developer by
Quit Claim Deed in the general form of Exhibit D.
(b) Sale of Parcel B to City. The Developer agrees to sell the Parcel B to the City and
the City agrees to purchase the Parcel B from the Developer subject to the
representations and warranties contained in this Agreement. At closing, the
Developer agrees to convey the Parcel B to the City by Quit Claim Deed in the
general form of Exhibit D.
Section 3.2. Closing. Closing on the Properties will take place on or before
____________, 2000 or such other date as may be agreed to by the parties in writing.
Section 3.3. Recording Fees. The Developer shall be solely responsible for the cost of
any and all state deed or transfer taxes, agricultural land fees, and recording fees. The Developer
shall promptly record all transfer documents including, but not limited to, the Quit Claim Deeds
conveying Parcels A and B and the Certificate of Completion.
Section 3.4. Taxes and Special Assessments. Real estate taxes payable in the year of
closing will be paid by the Developer as of the date of closing. Levied and pending special
assessments for improvements installed prior to the date of this Agreement, if any, will be
satisfied by the Developer at the time of closing and the Properties will be transferred and
exchanged free and clear thereof.
Section 3.5.
(a) Soil Conditions and Hazardous Wastes—Parcel A. The Developer acknowledges
that the City makes no representations or warranties as to the condition of the soils
on Parcel A, its fitness for construction of the Improvements or any other purpose
for which the Developer may make use of Parcel A, or regarding the presence of
any pollutant, contaminant or hazardous wastes on Parcel A. The City will allow
reasonable access to Parcel A for the Developer to conduct such tests regarding
soils conditions and to investigate the presence of pollutants, contaminations or
hazardous wastes as the Developer may desire. The Developer may terminate this
Agreement upon a determination the soils are inadequate for the Developer’s
intended purpose or that there is an unacceptable level of pollutants, contaminants
or hazardous materials on Parcel A by giving notice of such termination within 10
days of the date of this Agreement. Failure to give such notice by such date shall
constitute a waiver of Developer’s right to terminate this Agreement pursuant to
this Section 3.5. Permission to enter Parcel A to conduct such tests must be given
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in writing under the terms and conditions established by the City in its sole
discretion.
(b) Soil Conditions and Hazardous Wastes—Parcel B. The Developer represents and
warrants that Parcel B is free of pollutants, contaminants or hazardous waste. The
Developer will indemnify and hold City harmless in accordance with Section 7.1,
in relation to any claims or demands arising out of the presence or alleged
presence of any such pollutants, contaminants or hazardous waste.
Section 3.6. Title.
(a) Within fifteen (15) days after the execution of this Agreement by both parties or
such other time period as may be specified in this Article, Developer shall, at its
sole cost:
(i) Cause to be delivered to the City an abstract of title for Parcel B (or a
Certificate of Title, owner’s duplicate, if title to Parcel B, or a portion thereof, is
registered) from a title insurance company (the “Title Insurer”) acceptable to the
City certified to date to include proper searches covering bankruptcies, tax liens
and state and federal court judgments and liens; or
(ii) Cause to be issued and delivered to the City an ALTA Form 1970
commitment for an Owner's title insurance policy (the "Commitment") issued by a
title insurance company (the “Title Insurer”) acceptable to the City pursuant to
which the Title Insurer agrees to issue to the City upon the recording of the
documents of conveyance referred to herein an ALTA Form 1970 Owner's title
insurance policy in the full amount of the cost of Improvements (estimated at
$__________), subject to standard exceptions. The Commitment shall include
proper searches covering bankruptcies, state and federal judgments and liens and
levied and pending special assessments and shall be accompanied by copies of all
recorded documents presently affecting Parcel B.
(b) The evidence of title or title commitment required by Section 3.6(a) above is
referred to herein as the “Title Evidence.” The Developer shall not be required to
deliver any further evidence of title. The City shall make written objections to
title by written statement delivered to the Developer within fifteen (15) days after
receipt of the Title Evidence. No objection to title shall be made based upon this
Agreement, or other documents to be executed and delivered pursuant hereto, or
any matters contemplated herein, and no objection to title shall be based on the
existence of, or a failure to acquire or remove, a Permitted Encumbrance. Any
objections not contained in said statement delivered within said fifteen (15) days
shall be deemed waived. At the time of delivery of the Quit Claim Deed, the
Developer shall deliver, or cause to be delivered, evidence of satisfaction or
correction of those proper objections which have been duly and timely made and
which it has been able satisfy or correct. The Developer shall, at its sole cost and
expense, pay for any and all premiums for title insurance policies desired by the
City.
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(c) If any proper objections to title are duly and timely made as provided above, and
if the Developer is not able to satisfy or correct the objection within thirty (30)
days after said objections, the City shall, within ten (10) days thereafter, make a
written election of one of the following:
(i) Termination of this Agreement; or
(ii) Agreement to proceed with closing and transfer of possession of Parcels A
and B without any further obligation or liability of any kind on the
Developer to cure or satisfy any objections to title, whereupon the risk that
the objection cannot be cured (or that title cannot be rendered marketable)
shall be entirely borne by the City.
If no such written election is given to the Developer within said ten (10) day period, the
City shall be deemed to have waived all objections to title.
Section 3.06. Payment of City Costs. The Developer agrees to reimburse the City its
actual costs regarding preparing and administering this Agreement, processing the plat and
preparing and reviewing all related permits, approval or other required authorizations, including
vacation of right-of-way (Edgewood Drive) and sign easements. The costs to be paid shall
include, but not be limited to, attorney fees, engineering fees, and other technical or professional
assistance, including the work of the City staff.
ARTICLE IV.
CONSTRUCTION OF IMPROVEMENTS
Section 4.1. Construction of Improvements. The Developer shall construct at its sole
expense the Improvements on Parcels A and B, including the Walgreens building and associated
parking, street, grading, drainage, landscaping, pedestrian trail, lighting and other improvements,
in accordance with the Development Plans and Section 4.3 herein. Upon issuance of a
Certificate of Completion, title and ownership of the Improvements located on Parcel B shall vest
in the City.
Section 4.2. Development Plans. The Developer agrees to submit complete
Development Plans with such detail and information as may be requested by City, for review by
the City, prior to closing. The closing and development contemplated herein may not proceed
without first securing approval of Development Plans by the City. No such approval will be
given unless the City determines that the Development Plans are in conformity with the
Minimum Value, this Agreement, and all local, state and federal regulations. The City shall,
within twenty-five (25) days of receipt of Development Plans, review such plans to determine
whether the foregoing requirements have been met. If the City determines such plans to be
deficient, it shall notify the Developer in writing, stating the deficiencies and the steps necessary
for correction.
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Section 4.3. Contents of Development Plans. The Development Plans shall detail the
expected cost of making the Improvements, the division of such costs between the City and
Developer, the value of the Improvements for purposes of determining conformity with the
Minimum Value, and the nature of the Improvements.
Section 4.4. Obtaining Permits. The Developer shall obtain in a timely manner and pay
for al permits, licenses, and approvals required in connection with construction of the
Improvements. The Developer shall meet in a timely manner the requirements of all applicable
local, state, and federal laws and regulations which must be met before the Improvements may be
lawfully constructed. Specifically, prior to obtaining any building permits or grading permits as
required under this Section 4.4 or otherwise, the Developer shall complete the following
requirements.
(a) The Developer shall obtain permit approval from Ramsey County for the
construction of a deceleration lane onto County Highway 10, the construction of
one access drive to the property, and for any regrading within the Highway 10
right-of-way.
(b) The Developer shall enter into this Agreement with the City.
(c) The Developer shall obtain permit approval from the Rice Creek Watershed
District for drainage or ponding.
(d) The Developer shall dedicate a separate cross access and parking easement
document which allows joint use of the access pints, internal drive, drive aisles
and specified parking by the retail/restaurant sites. The cross access and parking
easement documents shall be approved by the City Attorney as to form.
(e) The Developer shall obtain approvals from Ramsey County for the Final Plat.
(f) The Developer shall obtain a general stormwater permit from the Minnesota
Pollution Control Agency, if necessary.
Section 4.5. Staking, Surveying, and Inspections. The Developer shall provide for all
staking, surveying and inspections for the Improvements in order to ensure that the completed
Improvements conform to the Development Plans. The Developer shall contract for a full-time,
on-site inspector of the City’s choosing during and for the duration of all public utility
installation and shall be responsible for the costs of such inspection services. The City will
provide for general inspection. The Developer must notify the City in advance of all tests to be
performed regarding the Improvements.
Section 4.6. 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
building permit issuance and shall complete the Improvements no later than twelve (12) 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 4.6 upon receipt of written
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notice form the Developer of the existence of unavoidable delays. If an extension of the date of
completion of the Improvements is grated by the City, the Developer must continue the
performance bond required by this Agreement to cover the work during the extension of time.
Section 4.7. 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 which 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.
Section 4.8. 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 or cash escrow (the “Financial Guarantee”) in
the amount of 150% of the City’s estimated costs for that portion of the Improvements which are
public improvements, such as sidewalks, trailways, lighting, storm sewers, stormwater pond, and
wetland restoration. The estimated cost for such public improvements is set forth in Exhibit G.
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.
Section 4.9. Insurance. The Developer shall 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 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.
Section 4.10. 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 rejected material must be removed and replaced with approved material and
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.
Section 4.11. 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. All trees, grass, sod or other landscaping installed in connection with the Improvements, or
RJV-184370v2
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replacements thereof, are warranted to be alive, of good quality, and disease free for the entire
period in which the Property is used as contemplated by this Agreement. 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.
Section 4.12. Records 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. Upon completion
of the Improvements, the Developer shall provide the City with a full set of Mylar as-built plans
for the City’s records.
Section 4.13. Maintenance Bond. Upon completion of the Improvements and prior to
acceptance thereof by the City, the Developer shall furnish to the City a one-year maintenance
bond guaranteeing the Improvements. The maintenance bond shall be in such amount as
required by the City to ensure satisfactory maintenance and care of the Improvements.
Section 4.14. 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 the Minnesota Pollution Control Agency and
specifications of the City, and is subject to approval of the City’s Building Official.
Section 4.15. Other Conditions. The Improvements must be constructed in full
compliance with the City’s building code, zoning and related ordinances and other relevant codes
and regulations. The developer shall secure at its sole cost all necessary permits, approvals and
authorizations.
Section 4.16. Certificate of Completion. Promptly after notification by the Developer of
completion of construction of each of the Improvements, the City shall inspect the construction
to determine whether the Improvements have been completed satisfactorily. If the City is
satisfied with the construction, the City shall furnish the Developer with a Certificate of
Completion in the form attached hereto as Exhibit C. Such certification by the City shall be a
conclusive determination of satisfaction and termination of the agreements and covenants in this
Agreement with respect to the obligation of the Developer to construct the Improvements. The
Certificate of Completion shall be issued only after issuance of a certificate of occupancy by the
City.
The certification provided for in this Section 4.5 shall be in recordable form. If the City
shall refuse or fail to provide certification in accordance with the provisions of this Section 4.5,
the City shall within fifteen (15) days of such notification provide the Developer with a written
statement, indicating in what respects the Developer has failed to complete the Improvements in
accordance with the provisions of this Agreement or is otherwise in default, and what measures
or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order
to obtain such certification. Prior to the issuance of a Certificate of Completion, no occupancy of
the Improvements shall be permitted.
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ARTICLE V.
PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
Section 5.1. Representation as to Development. The Developer represents and agrees
that its undertakings pursuant to the Agreement are for the purpose of development of Parcel A
and not for speculation in landholding. The Developer further recognizes that Development of
Parcel A is important to the general welfare of the City.
Section 5.2. Prohibition Against Transfer of Property and Assignment of Agreement.
The Developer represents and agrees that prior to issuance of the Certificate of Completion by
the City:
(a) Except only by way of security for the purpose of obtaining financing necessary to
enable the Developer to perform its obligations with respect to the Development
under this Agreement, the Developer, has not made or created, and it will not
make or create, or suffer to be made or created, any total or partial sale,
assignment, conveyance, or any trust or power, or transfer in any other mode or
form of or with respect to this Agreement or Parcel A or any interest therein, or
any contract or agreement to do any of the same, without the prior written
approval of the City; and
(b) The City shall be entitled to require, except as otherwise provided in this
Agreement, as conditions to any such approval under this Section 5.2 that: (i) any
proposed transferee shall have the qualifications and financial responsibility, as
determined by the City, necessary and adequate to fulfill the obligations
undertaken in this Agreement by the Developer; (ii) any proposed transferee, by
instrument in writing satisfactory to the City and in form recordable among the
land records, shall for itself and its successors and assigns, and specifically for the
benefit of the City, have expressly assumed all of the obligations of the Developer
under this Agreement and agreed to be subject to such obligations, restrictions and
conditions or; provided, that the fact that any transferee of, or any other successor
in interest to, the Property, shall, for whatever reason, not have assumed such
obligations or agreed to do so, shall not relieve such transferee or successor from
such obligations, conditions, or restrictions, or deprive or limit the City of any
rights or remedies or controls with respect to the Property or the construction of
the Improvements; to the fullest extent permitted by law and equity, no transfer of,
or change with respect to, ownership in the Property, or any interest therein,
however consummated or occurring, whether voluntary or involuntary, shall
operate to deprive or limit the City, of any rights or remedies or controls provided
in or resulting from this Agreement with respect to the Property and the
construction of the Improvements that the City would have had, had there been no
such transfer or change; and (iii) there shall be submitted to the City for review all
instruments and other legal documents involved in effecting transfers described
herein, and if approved by the City, its approval shall be indicated to the
Developer in writing.
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In the absence of specific written agreement by the City to the contrary, no such transfer
or approval by the City thereof shall be deemed to relieve the Developer from any of its
obligations with respect thereto. The sale of the Development to the Homeowner shall not be
deemed to be a transfer within the meaning of this Section 5.2.
ARTICLE VI.
EVENTS OF DEFAULT
Section 6.1. Events of Default Defined. The following shall be deemed Events of
Default under this Agreement and the term shall mean, whenever it is used in this Agreement,
unless the context otherwise provides, any one or more of the following events:
(a) Failure by the Developer or City to observe and substantially perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under any provision of this Agreement;
(b) If the Developer shall admit in writing its inability to pay its debts generally as
they become due, or shall file a petition in bankruptcy, or shall make an
assignment for the benefit of its creditors, or shall consent to the appointment of a
receiver of itself or of the whole or any substantial part of the Property; or
(c) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a
bankrupt, or a court of competent jurisdiction shall enter an order of decree
appointing, without the consent of the Developer, a receiver of the Developer or
of the whole or substantially all of its property, or approve a petition filed against
the Developer seeking reorganization or arrangement of the Developer under the
federal bankruptcy laws, and such adjudication, order or decree shall not be
vacated or set aside or stayed within sixty (60) days from the date of entry thereof.
Section 6.2. Remedies on Default. Whenever any Event of Default occurs, the non-
defaulting party may, in addition to any other remedies or rights given under this Agreement,
take any one or more of the following actions:
(a) suspend its performance under this Agreement until it receives assurances from
the other party that it will cure its default and continue its performance under this
Agreement;
(b) cancel or rescind this Agreement;
(c) demand payment of the Financial Guarantee;
(d) the City may additionally take whatever action at law or in equity may appear
necessary or desirable to enforce performance and observance of any obligation,
agreement, or covenant of the Developer under this Agreement.
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Section 6.3. Revesting Interest Upon Default Subsequent to Conveyance of Property. If
subsequent to the sale of the properties and prior to the issuance of the Certificate of Completion:
(a) the Developer fails to begin construction of the Improvements in conformity with
this Agreement, and such failure is not due to Unavoidable Delays;
(b) the Developer, after commencement of the construction of the Improvements,
defaults in or violates its obligations with respect to the construction of the
Improvements, including the nature and the date for the completion thereof, or
abandons or substantially suspends construction work, and such act or actions is
not due to Unavoidable Delays;
(c) the Developer or successor in interest fails to pay real estate taxes or assessments
on the Property or any part thereof when due, or places thereon any encumbrance
or lien unauthorized by this Agreement, or suffers any levy or attachment to be
made, or any materialmen’s or mechanic’s lien, or any other unauthorized
encumbrance or lien to attach; or
(d) there is, in violation of Article V of this Agreement, any transfer of the Property
or any part thereof.
then the City shall have the right upon thirty (30) days written notice to Developer and the
Developer’s failure to cure within such 30-day period to re-enter and take possession of the
Property and to terminate and revest in the City the interest of the Developer in the Property;
provided, however, that such revestiture of title shall be subject to the lien of any prior
encumbrance permitted under this Agreement. The City may enforce this provision by specific
performance.
Section 6.4. No Remedy Exclusive. No remedy herein conferred upon or reserved is
intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof, but any such right and power may be exercised from
time to time and as often as may be deemed expedient. In order to entitle the City or the
Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other
than such notice as may be required in Section 7.4 of this Agreement.
Section 6.5. No Additional Waiver Implied by One Waiver. If an Event of Default by
either party, which Event of Default is thereafter waived by the other party, such waiver shall be
limited to the particular Event of Default so waived and shall not be deemed to waive any other
concurrent, previous or subsequent Event of Default.
ARTICLE VII.
ADDITIONAL PROVISIONS
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Section 7.1. Indemnification. The Developer hereby agrees to protect, defend and hold
the City and its officers, elected and appointed officials, employees, administrators,
commissioners, agents, and representatives harmless from and indemnified against any and all
loss, cost, fines, charges, damage and expenses, including, without limitation, reasonable
attorneys’ fees, consultants’ and expert witness fees, and travel associated therewith, due to
claims or demands of any kind whatsoever (including those based on strict liability) arising out
of (i) exchange of Parcels A and B, or (ii) the design, construction, reconstruction, maintenance,
repair, marketing, sales or leasing of all or any part of Parcel A, including, without limitation,
any claims for any lien imposed by law for services, labor or materials furnished to or for the
benefit of the Property and/or the Improvements, or (iii) any claim by the State of Minnesota or
the Minnesota Pollution Control Agency or any other person pertaining to the violation of any
permits, orders, decrees or demands made by said persons or with regard to the presence of any
pollutant, contaminant or hazardous waste on Parcel B. The Developer shall defend against all
such claims and demands at its cost and with attorneys acceptable to the City. This indemnity
shall be continuing and shall survive the delivery of the Quit Claim Deeds for the Properties,
shall survive the execution and delivery of the Certificate of Completion for all of the
Improvements, and shall survive termination or cancellation of this Agreement.
Notwithstanding the foregoing, the Developer shall not be liable for or be required to indemnify
against liability caused by any intentional act of the City. Nothing in this Agreement shall be
construed as a waiver or modification of immunity or limitation on liability to which the City is
entitled pursuant to Minn. Stat. § 466, or otherwise.
Section 7.2. Conflict of Interests: Representatives Not Individually Liable. The City and
the Developer, to the best of their respective knowledge, represent and agree that no member,
official, or employee of the City shall have any personal interest, direct or indirect, in this
Agreement, nor shall any such member, official, or employee participate in any decision relating
to this Agreement which affects his or her personal interests or the interests of any corporation,
partnership, or association in which he or she is directly or indirectly interested. No member,
official, 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, or for any amount which may become
due to the Developer or successor or on any obligations under the terms of this Agreement.
Section 7.3. Non-Discrimination; Equal Employment Opportunity. The provisions of
Minnesota Statutes Section 181.59, which relate to civil rights and non-discrimination, and any
affirmative action program of the City shall be considered a part of this Agreement and binding
on the Developer as though fully set forth herein. The Developer, for itself and its successors
and assigns, agrees that during the construction of the Improvements provided for in this
Agreement it will comply with all applicable federal, State, and local equal employment and non-
discrimination laws and regulations.
Section 7.4. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return
receipt requested or delivered personally:
(a) As to the City: City Clerk-Administrator
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City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
Phone: 763-717-4000
(b) As to the Developer: _______________________________
_______________________________
_______________________________
Phone: _________________________
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 7.4.
Section 7.5. Exemption from Business Subsidy Act. The parties agree that exchange of
Parcels A and B and construction of the Improvements is not subject to the provisions of
Minnesota Statutes, sections 116J.993 through 116J.995.
Section 7.6. Provisions Not Merged With Deed. None of the provisions of this
Agreement is intended to or shall be merged by reason of any deed transferring any interest in
Parcels A or B and any such deed shall not be deemed to affect or impair the provisions and
covenants of this Agreement.
Section 7.7. Counterparts. This Agreement may be simultaneously executed in any
number of counterparts, all of which shall constitute one and the same instrument.
Section 7.8. Disclaimer of Relationship. 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 party to create any relationship of third-party
beneficiary, principal and agent, limited or general partnership or joint venture between the City
and the Developer.
Section 7.9. Time is of the Essence. The Date of Closing is of the essence. In the event
this transaction does not close on the Date of Closing because the Developer is unable to perform
as required by this Agreement, the Agreement shall be null and void.
Section 7.10. 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.
Section 7.11. Binding Effect. This Agreement shall inure to the benefit of and bind the
respective heirs, executors, administrators and assigns of Developer and City, including without
limitation any successor in interest to either Developer or City with respect to this Agreement or
the Properties or both.
Section 7.12. Restrictions on Use. The Developer agrees that the Developer, and its
successors and assigns: (a) shall not discriminate upon the basis of race, color, creed, sex,
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national origin, or any other classification prohibited by law in the sale, lease, rental, or use or
occupancy of the Property or Improvements erected or to be erected thereon, or any part thereof;
and (b) shall otherwise comply with the restrictions on use set forth in this Agreement.
Section 7.13. Recording. The City may record this Agreement and any amendments
thereto with the Ramsey County recorder. The Developer shall pay all costs for recording.
Section 7.14. Attorney Fees. Whenever any Event of Default occurs and if the City shall
employ attorneys or incur other expenses for the collection of payments due or to become due, or
for the enforcement of performance or observance of any obligation or agreement on the part of
the Developer under this Agreement, the Developer agrees that it shall, within ten days of written
demand by the City, pay to the City the reasonable fees of such attorneys and such other
expenses so incurred by the City.
Section 7.15. Site Development Requirements. The site development requirements are
more fully set forth in Exhibit F, which is incorporated herein by reference and made a part of
this Agreement as if set forth fully herein. These requirements are binding upon the Developer
and shall be obligations upon the Developer unless inconsistent with the provisions of this
Agreement.
Section 7.16. Choice of Law and Venue. This Agreement shall be governed by, enforced
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.
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IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its
name and behalf and the Developer has caused this Agreement to be duly executed as of the day
and year first above written.
CITY OF MOUNDS VIEW
By
Mayor
And
Acting Clerk-Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ______________ day of
______________________, 2000 by _____________________ and ______________________,
the Mayor and Acting Clerk-Administrator, respectively, of the City of Mounds View, under the
laws of the State of Minnesota.
Notary Public
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MERIDIAN PROPERTIES REDEVELOPMENT,
LLC d/b/a TOLD DEVELOPMENT COMPANY
By
Its President
And______________________________________
Its _________________________________
STATE OF MINNESOTA )
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this ______________ day of
______________________, 2000 by _____________________ and ________________, the
President and ____________________, respectively, of the Meridian Properties Redevelopment
LLC d/b/a TOLD Development Company, a Minnesota limited liability company, on behalf of
the corporation.
Notary Public
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A-1
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A
That part of the Southwest Quarter of the Northwest Quarter of Section 8,
Township 30 North, Range 23 West, Ramsey County, Minnesota, lying
northeasterly of the northeasterly right-of-way line of State Trunk Highway No.
10-62, lying south of the westerly extension of the south line of Lot 19, Block 5,
Pinewood Terrace No. 2. According to the recorded plat thereof, Ramsey County,
Minnesota, and lying southeasterly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said
Pinewood Terrace No. 2; thence southerly on an assumed bearing
of South 00 degrees 46 minutes 46 seconds East, along the west
line of said Lot 22, a distance of 73.58 feet to the point of
beginning of the line to be described; thence southerly a distance
of 330.62 feet along a tangential curve concave to the northwest
having a radius of 383.00 feet and a central angle of 49 degrees 27
minutes 34 seconds; thence South 48 degrees 40 minutes 48
seconds West, tangent to the last described curve, a distance of
186.68 feet of the northeasterly right-of-way line of State Trunk
Highway No. 10-62 and there terminating.
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B-1
EXHIBIT B
LEGAL DESCRIPTION
PARCEL B
That part of the East 66.00 feet of Lot 16 lying North of a line drawn between the
Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, also that
part of Lot 16 lying South of a line drawn between the Southeasterly corner of Lot
19 and the Southwesterly corner of Lot 4 and lying easterly and southeasterly of
the hereinafter described Line A, all in Block 5, Pinewood Terrace No. 2,
according to the recorded plat thereof, and situate in Ramsey County, Minnesota.
Line A
Beginning at the southeast corner of Lot 19, said Block 5; thence southerly, on an
assumed bearing of South 00 degrees 46 minutes 46 seconds East, along the east
line of Lots 17 and 18, said Block 5, and its extension southerly, a distance of
156.67 feet; thence South 10 degrees 12 minutes 41 seconds West, a distance of
109.95 feet; thence South 39 degrees 58 minutes 09 seconds West, a distance of
160.01 feet; thence North 84 degrees 47 minutes 13 seconds West, a distance of
48.04 feet; thence South 39 degrees 58 minutes 09 seconds West, a distance of
28.56 feet to the southwesterly line of said Lot 16 and there terminating.
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EXHIBIT C
FORM OF
CERTIFICATE OF COMPLETION
AND RELEASE OF FORFEITURE
WHEREAS, the City of Mounds View (the “Grantor”), by a deed recorded in the office
of the County Recorder in Ramsey County, Minnesota, as Document No. __________, has
conveyed to Meridian Properties Redevelopment, LLC, d/b/a TOLD Development Company, a
Minnesota limited liability company (the “Grantee”), the land in County of Ramsey and State of
Minnesota legally described as
_____________________________________________________, according to the plat filed for
record with the Ramsey County Recorder; and
WHEREAS, said deed was executed pursuant to that certain Contract for Private
Development by and between the Grantor and the Grantee dated the ____ day of _______, 2000
and recorded in the office of the County Recorder in Ramsey County, Minnesota, as Document
No. __________, which Contract for Private Development contained certain covenants and
restrictions regarding completion of the Improvements; and
WHEREAS, said Grantee has performed said covenants and conditions in a manner
deemed sufficient by the Grantor to permit the execution and recording of this certification.
NOW, THEREFORE, this is to certify that all construction of the Improvements specified
to be done and made by the Grantee has been completed and the covenants and conditions in the
Contract for Private Development have been performed by the Grantee therein and that the
provisions for forfeiture of title and right to re-entry for breach of condition subsequent by
Grantor is hereby released absolutely and forever, and the County Recorder in Ramsey County,
Minnesota, is hereby authorized to accept for recording and to record the filing of this
instrument, to be a conclusive determination of the satisfactory termination of the covenants and
conditions relating to completion of the Improvements.
DATED: ________________, 2000. CITY OF MOUNDS VIEW
By
Mayor
And
Acting Clerk-Administrator
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C-2
STATE OF MINNESOTA )
)ss
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ______________ day of
______________________, 2000 by _____________________ and ______________________,
the Mayor and Acting Clerk-Administrator, respectively, of the City of Mounds View, under the
laws of the State of Minnesota.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
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EXHIBIT D
QUIT CLAIM DEEDS
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EXHIBIT E
DEVELOPMENT PLANS
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EXHIBIT F
PLANNED UNIT DEVELOPMENT DOCUMENT
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EXHIBIT G
ESTIMATED COST OF PUBLIC IMPROVEMENTS
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 1 Approved by the City Council on this __ day of _____, 2000.
Parcel 1.
Walgreens
Vicinity Map / PUD Area
1. PUD Legal Descriptions (proposed):
Lot 3, Block 2, Mounds View City Hall Addition (Parcel 1.)
Lot 2, Block 2, Mounds View City Hall Addition (Parcel 2.)
Outlot A, Mounds View City Hall Addition (Parcel 3.)
2. Zoning: Commercial Planned Unit Development (PUD)
3. Allowed Uses:
Parcel 1: Walgreens
Parcel 2: Restaurant*
Parcel 3: Open Space, wetlands, passive recreation, trailways, stormwater management.
* Restaurant shall be sit-down style dining establishment, delicatessen or have a specialty made-to-order
menu. The allowance for restaurant shall not include a bar or tavern or a high volume, fast food restaurant.
4. Site Data:
Parcel 1: (Walgreens) 1.65 acres
Parcel 2: (Restaurant) 1.03 acres
Parcel 3: (Outlot A) 7.39 acres
Parcel 3.
Wetlands
Community Center
City Hall
Theatre
Property
N
Parcel 2.
Restaurant
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 2 Approved by the City Council on this __ day of _____, 2000.
4. Site Data: (Cont’d.)
Pervious Surface
Area (in sq. ft.)
Impervious Surface
Area (in sq. ft.)
Total Surface
Area (in sq. ft.)
Parcel 1: (Walgreens) 4,972 66,837 71,809
Parcel 2: (Restaurant) 7,518 37,548 45,066
Parcel 3: (Outlot A) 318, 071 4,030 322,101
Building Footprints:
Parcel 1: (Walgreens) 14,490 square feet *
Parcel 2: (Restaurant) 4,538 square feet *
* Building footprint area shall not increase without proof of adequate provision of parking.
5. Dimensional Requirements:
Building Setbacks: 30 feet
Parking Lot Setbacks: 5 feet (1)
Wetland Setback: 5 feet (2)
Parking Requirement: (3)
Walgreens: 103 Spaces (One space per 125 square feet of retail floor area)
Restaurant: 43 Spaces (One space per four seats, plus one per employee)
Combined: 146 Spaces
Building Heights:
Parcel 1: (Walgreens) 32 feet maximum
Parcel 2: (Restaurant) 30 feet maximum
Parcel 3: (Outlot A) (does not apply)
Minimum Building Elevation: 903.2 feet
(1) The parking lot setback may be reduced to zero only where the parking lots for Parcel 1 and Parcel 2
share a common property line.
(2) Setback as shown on the approved site plan date-stamped August 7, 2000 and only in conjunction with an
approved wetland alteration permit.
(3) These parking requirements are applicable only with the execution and recordation of a cross-access
easement and shared parking agreement between Lots 2 and 3.
6. PUD Review and Construction Process
The Planned Unit Development process is designed to provide for the grouping of land parcels for
development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal,
sporadic and unplanned approach to development. This is intended to introduce flexibility of site
design and architecture for the conservation of land and open space through clustering of buildings
and activities through conditional use provisions. It is further intended that planned unit developments
are to be characterized by central management, integrated planning and architecture, joint or
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 3 Approved by the City Council on this __ day of _____, 2000.
common use of parking, maintenance of open space and other similar facilities and a harmonious
selection and efficient distribution of uses. Planned Unit Developments are approved in three stages:
General Concept, Development Review, and Final. Chapter 1120 of the Mounds View Zoning Code
pertaining to PUDs indicates that the general concept and development review stages may be
combined at the discretion of the Developer. As allowed, the Developer of this PUD has chosen to
combine the first two stages.
• Combined General Concept / Development Review Stage
The development stage plan includes a detailed site plan including a parking lot layout,
dimensioned setbacks, sidewalks and trailways and deceleration lane on Highway 10; a detailed
grading, drainage and utility plan; a representation of the proposed signage; a landscape plan, a
photometric analysis; building elevations and footprints; building materials and colors; and other
related site data. Approval of this planned unit development constitutes approval of the general
concept plan and development review stage of the proposed Walgreens PUD, in accordance with
the approved development plans date-stamped August 7, 2000, the stipulations contained herein,
those identified in Resolution 5462 and the Contract for Private Development.
• Final Plan
Prior to the issuance of any building or grading permits or the clearance of the site vegetation, the
Developer shall have obtained approval of the final plan and construction drawings in accordance
with Title 1000 and Chapter 1120 of the Mounds View Municipal Code and shall have executed a
Contract for Private development which further stipulates the requirements of this PUD. The
Developer shall arrange to have the Contract for Private Development and Council resolutions of
approval recorded with Ramsey County. No building permits shall be issued until such proof of
recordation is provided to the Community Development Department. Approval of the final plan and
construction drawings may be in phases as permitted by Chapter 1120 of the Municipal Code.
• Construction
The Developer shall obtain a building permit to construct the improvements within six (6) months of
Council approval of this PUD. In accordance with the approved Contract for Private Development,
construction shall commence no later than thirty (30) days after the date of building permit
issuance and shall be completed no later than twelve (12) 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. Unless an extension shall have
been granted, failure of the Developer to obtain a building permit for the construction of the
Improvements within six months of PUD approval shall automatically render the PUD void and
Developer to be in default. In such case, the City Council shall adopt a resolution repealing the
PUD plan, and re-establishing the PUD plan shall require a new application, review and approval.
7. Accessory Buildings; Outdoor Storage
Other than the allowance for a garbage dumpster or compactor enclosure, no accessory buildings
shall be permitted in this PUD(1). No outdoor storage of any type other than parking of customer
and employee vehicles during business hours shall be permitted.
(1) Gazebos or other similar outdoor recreational structures shall be expressly allowed on Outlot A.
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 4 Approved by the City Council on this __ day of _____, 2000.
8. Preservation of Tree Coverage
The area to be developed for retail uses (Lots 2 and 3) includes very little tree cover. One mature
Patmore Ash will be removed from the site in addition to some scrub trees and aspens near the
wetland. Two Patmore Ashes as well as other trees will be planted to replace those lost. The
majority of the development area is comprised of a stormwater pond and approximately 12,000
square feet of asphalt which remains in place from the old alignment of Edgewood Drive. There
are natural, undisturbed areas of native prairie and scrub trees between the old Edgewood Drive
right of way and the wetland which would be impacted by the development.
Every effort shall be made to preserve the trees in this area. All trees will be preserved on Outlot
A, excluding those within areas to be utilized for the relocated stormwater pond and the bituminous
trailway.
The Developer shall address problems with infectious tree diseases as directed by the City
Forester. During the lifetime of this project, If trees die due to natural causes or must be cleared
because of tree diseases, the Developer shall be responsible for replacing them with trees of at
least 2-1/2" caliper and of similar species, as directed by the City Forester. During construction,
the Developer shall be responsible for installation of protective fencing around treed areas which
are to be preserved so construction activity does not damage the trees or their root systems. The
City Forester shall approve the type of fencing and its placement prior to issuance of any grading
or building permits. The Developer shall be responsible for maintaining the fencing in good repair
throughout construction and for assuring construction activity and the parking of equipment is kept
out of these areas.
9. Landscaping; Highway 10 Design Theme
A detailed landscaping plan showing species, numbers and sizes of all plant materials shall be
provided as part of the development stage plan. The overall character and intent of the landscape
plan shall be to maintain a consistent and coordinated theme between the City Hall, Community
Center and the Theater development across Highway 10. During the lifetime of the PUD
development, the Developer shall be responsible for the replacement of any dead or dying plant
materials, and shall maintain the landscaping through regular watering, mowing, mulching,
feeding, weeding and pruning.
10. Wetland; Wetland Buffer Area
The City’s Engineer, SEH, Inc has delineated the wetland within this PUD. The National Wetland
Inventory categorizes the wetland as a Type 3 PEMC, which is defined as seasonally-flooding
palustrine-emergent. The wetland is within the City’s EW-6 sub-watershed and is not protected by
the DNR. Construction is anticipated to occur within the wetland buffer as indicated on the site
plans date-stamped August 7, 2000. Alteration of the wetland shall not be allowed except as
follows:
a. At the southeastern corner of the Walgreens parcel, a 360 square-foot area of the wetland
shall be permitted to be filled to provide for a uniform and level parking lot. The parking lot
itself shall not encroach into the wetland, or where the wetland is currently, only the fill and
grading shall disturb the wetland at this point.
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 5 Approved by the City Council on this __ day of _____, 2000.
b. A storm sewer shall be installed which connects the development area to the relocated
stormwater pond on Outlot A. The storm sewer will take a direct and straight route through the
wetland to the pond in a manner that will disturb the wetland in the most limited extent possible as
shown on the Drainage Plan date-stamped August 7, 2000.
The City Council has approved the buffer encroachment and wetland alteration permit by adoption
of Resolution 5453. Before any grading or building permits are issued relative to this project, the
alteration and wetland encroachments shall receive approval from Rice Creek Watershed District.
11. Drainage
Approval of this PUD includes approval of the drainage plan date-stamped August 7, 2000. The
plan indicates a relocation of the existing stormwater pond to the south corner of Outlot A where
the new pond will be expanded to accommodate all of the flow from the existing pond, as well as
the stormwater runoff generated by the proposed development. In addition, the relocated pond is
to be expanded to accommodate flow from the storm sewer under the old Edgewood Drive right of
way, which currently flows untreated from this sub-watershed under Highway 10.
The flow from the existing pond, proposed development and existing storm sewer will be diverted
to the new pond by means of a 27-inch internal diameter pipe 350 feet long as measured from the
Walgreens parking lot. The pipe shall be located in such a way so as to maximize the distance
between the pond inlet and the pond outlet control structure while minimizing the impact to the
wetland by crossing at its most narrow point. The pond shall have a safety-shelf below the
anticipated dead-storage water level.
The detailed, engineered drainage plan shall be reviewed and approved by the City Engineer.
Final sizing of the relocated and expanded stormwater pond and design of the on-site drainage
system shall be based on the detailed flow and runoff analysis. The pond shall not encroach into
the existing wetland as delineated by SEH.
12. Lighting
The Developer has provided a lighting plan with the development stage plan, including the location
of lighting standards, a detail of the lighting standard design, and photometrics for the site.
Lighting standards shall not exceed 24 feet in height. The lens of the lighting fixtures shall not
extend below the housing and the housing shall include sharp cutoffs so that light rays are directed
downward rather than outward. The Developer shall be responsible for installing five decorative
lights along the Highway 10 trailway, two of which would be located between Edgewood Drive and
the access from Highway 10, the remaining three to be spaced evenly in front of Outlot A.
13. Garbage Dumpster, Compactor Enclosures
All garbage, recyclables and other waste products shall be stored within the buildings, unless
enclosed within a solid and completely opaque structure composed of a masonry material
consistent with the building. The enclosure shall have locking gates with a latching mechanism so
that the doors remain closed except when trash is being dumped, compacted or removed. Chain
link with plastic inserts is not acceptable for the gates.
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 6 Approved by the City Council on this __ day of _____, 2000.
14. Site Maintenance, Snow Storage & Removal
The Developer shall be responsible for maintaining the landscaping, paving and other site
improvements in high quality condition throughout the life of the development. If Lots 2 and 3
come under separate ownership, the Developer shall execute and record a maintenance
agreement which assigns responsibility for maintenance of any common parking areas,
landscaping and open space areas. The agreement shall be in a form acceptable to the City
Attorney.
The Developer shall ensure that the lots are kept free from litter and debris at all times. During the
winter months, snow shall be plowed from the parking lot and placed in areas designated for snow
storage as shown on the site plan or removed off-site. Snow shall not be stacked in the parking lot
where it could result in reducing available parking. The site shall be maintained in a clean,
attractive manner at all times.
15. Signage
The developable parcels (Lots 2 & 3) shall each be allowed a maximum of 100 square feet of
monument signage, excluding the monument base area. The monument shall be of a brick or
masonry construction to match the buildings and to maintain a consistent theme within the Mounds
View “City Center.” The maximum height of the monument signs shall be 14 feet.
In addition to the monument signage, building-mounted signage shall be allowed not to exceed
100 square feet for Lot 2 (the restaurant use) and 200 square feet for Lot 3 (Walgreens).
16. Architectural Character
A colors and materials board, elevations and architectural renderings are required in conjunction
with the development stage plan review for each building requesting such approval. The buildings
shall be of high-quality masonry construction using brick and brick accents to match the
Community Center, Theater and City Hall. Materials and siding effects shall be continued on all
exterior sides of the building. Allowances shall be made for corporate styles and designs so long
as a quality image is maintained.
17. Access; On-Site Circulation
The development plans date-stamped August 7, 2000 indicate a right-in access from Highway 10
and a full access from Edgewood Drive. While the Highway 10 access has received verbal
approval from Ramsey County, the Developer shall furnish written authorization from the
appropriate agency having jurisdiction over Highway 10 (either the Minnesota Department of
Transportation or Ramsey County) regarding the access configuration.
The Fire Marshall has reviewed and approved the on-site circulation and drive-aisle widths, which
are shown to be 26 feet.
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 7 Approved by the City Council on this __ day of _____, 2000.
18. Deceleration Lane
The Developer shall construct a deceleration lane and reinforce the existing shoulder area
according to the specifications and requirements of the agency having jurisdictional control over
Highway 10. The Developer shall be responsible for obtaining necessary permits to work within
the Highway 10 right of way.
19. Sidewalks &Trailways
The Developer shall be responsible for extending the sidewalk along and within the Edgewood
Drive right of way from the Community Center to Highway 10. The sidewalk shall match the
existing walk in all respects.
The Developer shall also be responsible for installing a nine-foot wide bituminous trailway along
and within the Highway 10 right of way extending from Edgewood Drive to the St. Stephen Street
right of way. (The Developer will be responsible for obtaining necessary permits to work within the
Highway 10 right of way.) In addition, the Developer shall be responsible for installing a nine-foot
wide bituminous paved trailway extending north through Outlot A (the former Midland Videen land)
connecting the Highway 10 trailway to the Community Center, linking with the southeastern corner
of the Community Center’s parking lot.
Where the trailway crosses the development’s Highway 10 access drive, the Developer shall stripe
the pavement to indicate a pedestrian crossing and shall install signage as may be appropriate.
20. Platting & Easements
This PUD requires a replatting of the properties involved to create the two developable parcels (Lot
2 and Lot 3) as well as to create a parcel encompassing the wetlands and relocated stormwater
pond to be transferred to the City (Outlot A.). This land subdivision shall comply with Title 1200 of
the Mounds View Municipal Code. This Title includes a requirement for the payment of park
dedication fees based upon the fair market value of land to be developed. The fair market value of
the land will be based on a recent commercial appraisal performed by Appraisal Concepts, Inc.
The appraisal, dated June 30, 2000, assigned a value of $166,000 to the one-acre remnant parcel,
or, $3.81 per square foot. Applying the square footage value to the 116,875 square feet of area to
be developed results in a land value of $445,294. A ten percent park dedication fee would amount
to $44,529.
The plat, which is named Mounds View City Hall Addition, shall dedicate a perpetual drainage and
utility easement to cover all drainage areas, wetlands, ponds, storm sewers, water mains, fire
hydrants, and all utility lines and services. In addition, the plat shall dedicate a five-foot drainage
and utility easement around the perimeter of both Lots 2 and 3, with the exception of the common
property line between said lots. The Developer shall provide to the City a cross access and
parking easement which allows for the shared use of the Highway 10 and Edgewood Drive
accesses by both Lots 2 and 3. The cross access and parking easement shall be approved as to
form by the City Attorney, executed and recorded prior to approval of the final plan.
The plat shall also indicate a vacation of the former alignment of Edgewood Drive as well as a
vacation of a previously dedicated sign easement controlled by the City which no longer serves a
public purpose. The Developer shall record the approved plat with Ramsey County and provide
the City with a reproducible Mylar copy of the plat.
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 8 Approved by the City Council on this __ day of _____, 2000.
21. Fire Protection
The design of the access points and placement of on-site fire hydrants shall be determined at the
time of the final plan, and shall be approved by the Blaine-Spring Lake Park-Mounds View Fire
Department. The requirements of the Fire Department shall be met prior to issuance of any use
and occupancy permits on the property.
22. Undergrounding of Utilities; Utility Design
All existing utilities within the site boundaries and any additional utility lines installed in conjunction
with this development shall be relocated and installed underground. Existing utilities shall be
placed underground concurrent with the installation of new utilities.
Development in this PUD shall connect to public water, sewer and storm sewer systems. The
requirement for utility shut-off values and service manholes shall be determined at the time of
development stage plan review, and prior to approval of the subdivision, based on the criteria in
Section 1120.02 of the Mounds View Municipal Code.
The City Engineer and Director of Public Works shall review and approve the final utility plan
before any grading or building permits can be issued for this development.
23. Contract for Private Development
The Developer, prior to approval of the final plan, shall execute a Contract for Private Development
which among other things specifies the details and conditions of the proposed exchange of real
estate between the City of Mounds View and the Developer. In addition this document, the
Contract shall specify the on-site and off-site improvements to be constructed and shall require
that the Developer guarantee such improvements through letter of credit or surety bond as
determined by the City Clerk-Administrator.
The Developer shall arrange to have the Contract for Private Development, this PUD document, all
resolutions and ordinances associated with the Walgreens PUD recorded with Ramsey County
and shall provide proof of such recordation to the City Clerk-Administrator.
24. Signatures
KNOW ALL MEN BY THESE PRESENTS: That ____________________________, owners of
the following described property situated in the City of Mounds View, County of Ramsey,
State of Minnesota:
All of Lots 17 and 18 and that part of the East 66 feet of Lot 16 lying North of a line drawn between
the Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, also that part of Lot 16
lying South of a line drawn between the Southeasterly corner of Lot 19 and the Southwesterly
corner of Lot 4, all in Block 5, Pinewood Terrace No. 2, according to the recorded plot thereof, and
situate in Ramsey County, Minnesota.
AND
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 9 Approved by the City Council on this __ day of _____, 2000.
The tract described as follows: Beginning at the Northwest corner of Lot 17, Block 5, Pinewood
Terrace No. 2, Village of Mounds View, Minnesota, according to the recorded plot thereof; thence
South along the West line of said Lot 17 a distance of 55.19 feet to the actual point of beginning;
thence on a curve to the left with a radius of 20 feet and delta angle of 90 degrees 32 minutes 30
seconds a distance of 31.61 feet; thence East along the South line of said Lot 17 a distance of
72.19 feet; thence South on a line parallel to the West line of said Pinewood Terrace No. 2 a
distance of 66.91 feet; thence on a curve to the right with a radius of 62.5 feet and delta angle of
90 degrees 32 minutes 30 seconds a distance of 98.77 feet; thence West on a tangent to last said
curve a distance of 28.91 feet; thence North on a line parallel to and 33 feet East of said West line
a distance of 149.81 feet, more or less, to the actual point of beginning, according to the recorded
plot thereof, and situate in Ramsey County, Minnesota.
And that the City of Mounds View, owner of the following described property situated in the
City of Mounds View, County of Ramsey, State of Minnesota:
That part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30 North,
Range 23 West, Ramsey County, Minnesota, lying northeasterly of the northeasterly right-of-way
line of State Trunk Highway No. 10-62, lying south of the westerly extension of the south line of Lot
19, Block 5, Pinewood Terrace No. 2. according to the recorded plat thereof, Ramsey County,
Minnesota, and lying southeasterly of the following described line:
Commencing at the northwest corner of Lot 22, Block 5, said Pinewood Terrace No. 2;
thence southerly on an assumed bearing of South 00 degrees 46 minutes 46 seconds
East, along the west line of said Lot 22, a distance of 73.58 feet to the point of beginning of
the line to be described; thence southerly a distance of 330.62 feet along a tangential
curve concave to the northwest having a radius of 383.00 feet and a central angle of 49
degrees 27 minutes 34 seconds; thence South 48 degrees 40 minutes 48 seconds West,
tangent to the last described curve, a distance of 186.68 feet to the northeasterly right-of-
way line of State Trunk Highway No. 10-62 and there terminating.
Have filed an application for a Planned Unit Development which would rezone the above
properties from PF and B-3 to PUD and do hereby agree to the terms of the PUD
stipulations contained in this Exhibit 2 to Resolution 5462.
In witness whereof, ____________________ , the ____________________ of _____________,
has hereunto set his hand this ____ day of ______________, 2000.
___________________________
its ___________________________
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2000 by______________________, the _________________ of ___________________.
_____________________________________
Notary Public
Walgreens Planned Unit Development
Walgreens PUD Mounds View Planning Case PD00-001
2387 Highway 10 Exhibit 2 of City Council Resolution 5462
Page 10 Approved by the City Council on this __ day of _____, 2000.
In witness whereof, Dan Coughlin and Michael Ulrich, Mayor and Interim City Administrator,
respectively, of the City of Mounds View, have hereunto set their hand this ____ day of
______________, 2000.
___________________________
Dan Coughlin, Mayor
___________________________
Michael Ulrich, Interim City Administrator
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2000 by Dan Coughlin and Michael Ulrich, the Mayor and Interim City Administrator, respectively,
of the City of Mounds View, a municipal corporation, on behalf of the City.
_____________________________________
Notary Public
I do hereby certify that on the ____ day of ________________, 2000, the City Council of the City
of Mounds View approved Ordinance No. 665, an ordinance rezoning the herein described
properties from PF and B-3 to Planned Unit Development, and have approved the Planned Unit
Development based on the site plans date-stamped August 7, 2000, subject to the stipulations
contained in this Exhibit 2 to Resolution 5462.
___________________________________
Dan Coughlin, Mayor
ATTEST:
___________________________________
Michael Ulrich, Interim City Administrator
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ____ day of ___________________,
2000, by Dan Coughlin and Michael Ulrich, the Mayor and Interim City Administrator, respectively,
of the City of Mounds View, a municipal corporation, on behalf of the City.
___________________________________
Notary Public
Item No: 10 B
Meeting Date: August 14, 2000
Type of Business: PH & CB
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Planner
Item Title/Subject: Public Hearing and First reading (Introduction) of
Ordinance 663, an Ordinance Creating Licensing
and Siting Requirements to Administer and
Regulate Tattoo and Body Piercing Establishments.
Date of Report: August 10, 2000
Discussion:
As the Council is aware, the Mounds View Municipal Code does not at this time address
tattoo or body piercing establishments. Ordinance 653, which was adopted on February
14, 2000 to prohibit any tattoo shops or body piercing establishments to be located in the
City for a period of six months, has been superseded by Ordinance 667, adopted August
7, 2000, which extends the moratorium on such uses an additional three months. With
the adoption of Ordinance 667, such uses cannot locate in Mounds View until November
14, 2000, or until the effective date of this proposed Ordinance 663, whichever occurs
first.
The Council raised some questions at the worksession on August 7, 2000, regarding the
licensing provisions, training and certification of the specialists. Because of other
development cases being processed, staff has not had sufficient opportunity to explore
these issues yet is confident that such information will be made available prior to second
reading and adoption. If these questions are not fully addressed to the Council’s
satisfaction, second reading can be put on hold until such time that those questions are
addressed.
The Planning Commission has recommended adoption of Ordinance 663 as indicated in
Planning Commission Resolution 629-00, approved at their meeting on July 19, 2000.
Recommendation:
Hold the public hearing (and continue it to August 28) and consider the first reading
(introduction) of Ordinance 663.
______________________
James Ericson, Planner
Attachment:
1. Ordinance 663
ORDINANCE NO. 663
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE TO ENACT A NEW CHAPTER OF THE MOUNDS VIEW CODE
OF ORDINANCES TO ADMINISTER AND REGULATE TATTOO, BODY PIERCING,
BODY BRANDING, BODY SCARRING AND BODY PAINTING ESTABLISHMENTS
AND TO REVISE TITLE 1100 (THE ZONING CODE) PERTAINING TO SUCH USES
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Title 500 of the Mounds View Municipal code shall be amended by the creation of a new
Chapter 515 as follows:
Chapter 515
Tattoo, Body Piercing, Body Branding, Body Scarring And Body Painting
Establishments
SECTION:
515.01. Findings, Purpose and Intent
515.02. Definitions
515.03. License Required
515.04. General Rule
515.05. License Application
515.06. Application and Investigation Fees
515.07. Application Verification and Consideration
515.08. Persons Ineligible for a License
515.09. Locations Ineligible for a Tattoo and Body Piercing Enterprise License
515.10. General License Requirements
515.11. Health and Sanitation Requirements
515.12. License Terms, Renewals
515.13. Suspension; Revocation
515.14. Temporary Tattooing, Body Piercing, Body Branding, Body Scarring Or Body
Painting Event License.
515.01: FINDINGS, PURPOSE AND INTENT: The purpose of this section is to
regulate the business of tattooing, body piercing, body branding, body scarring or body painting
in order to protect the health and welfare of the general public. The City Council finds that the
experience of other cities indicates that there is a connection between tattooing and hepatitis and
other health problems. The City Council finds that stringent regulations governing tattooing can
minimize the hepatitis and disease risk and therefore protect the general health and welfare of the
community.
515.02: DEFINITIONS: The following definitions apply in this Chapter of this Code.
References hereafter to “sections” are, unless otherwise specified, references to sections in this
Chapter. Defined terms remain defined terms whether or not capitalized.
“Body piercing” means any method of puncturing the skin of a person by the aid of needles or
other instrument designed or used to puncture the skin for the purpose of inserting jewelry or
other objects in or through the human body. “Body piercing” shall not refer to any medical
procedure performed by a licensed physician or medical specialist.
“Body branding” means impressing or burning a mark or figure on the skin of a person with a
hot object or flame.
“Body painting” means applying color, pigment or paint to an area of the skin that exceeds three
square inches.
“Body scarification or scarring” means any method by which a scar is applied to or left upon a
body.
“Clean” means the absence of dirt, grease, rubbish, garbage, odor and other offensive, unsightly,
or extraneous matter.
“Good repair” means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear,
leaks, obstructions, and similar defects so as to constitute a good and sound condition.
“Enforcement officer” means the Chief of Police or designee.
“Operate” means to own, manage or conduct, or to have control, charge or custody over.
“Specialist” means that person performing the tattooing, piercing, branding or painting within a
licensed tattoo and body piercing enterprise.
“Tattoo and body piercing enterprise” means a place of business where all or some of the
following services are provided to the public for consideration: tattooing, body piercing, body
branding, body scarring or body painting.
“Tattooing” means the marking of the skin of a person by insertion of permanent colors by
introducing them through puncture of the skin.
515.03: LICENSE REQUIRED:
Subd. 1. Tattoo and Body Piercing Establishment License: It is unlawful to
operate, offer, engage in or carry on tattooing, body piercing, body scarring, body
branding or body painting without a tattoo and/or body piercing license.
Subd. 2. Tattoo and Body Piercing Specialist License: It is unlawful to practice, administer or
provide tattoo, body piercing, body scarring or body branding services in the City without a
tattoo and/or body piercing specialist license
515.04. GENERAL RULE: The owner or operator of a licensed tattoo and body piercing
establishment may employ only licensed tattoo and body piercing specialists to provide tattoo,
piercing, branding, scarring or painting services. The owner or operator of a licensed tattoo and body
piercing enterprise need not be licensed as a tattoo and body piercing specialist unless that owner or
operator personally provides tattoo, piercing, branding, scarring or body painting services.
515.05: LICENSE APPLICATION:
Subd. 1. Tattoo and Body Piercing Establishment License: The application for a tattoo and body
piercing establishment license must contain the following information:
a. For all applicants:
(1) Whether the applicant is an individual, corporation, partnership or other form of
organization;
(2) The legal description of the premises to be licensed together with a plan of the area
showing dimensions, location of buildings, street access and parking facilities;
(3) The floor number, street number and rooms where the tattoo, piercing, branding,
scarring or bady painting services are to be conducted;
(4) Whether all real estate and personal property taxes that are due and payable for the
premises to be licensed have been paid, and if not, the years and amounts that are unpaid;
(5) If the application is for a premises either planned or under construction or undergoing
substantial alteration, the application must be accompanied by preliminary plans showing the
design of the proposed premises; if the plans for design are on file with the building inspector, no
plans need be submitted;
(6) The name and street address of the business if it is to be conducted under a
designation, name or style other than the name of the applicant, and a certified copy of the
certificate required by Minnesota Statutes, section 333.02;
(7) Any other information that the City Council may require.
b. For applicants who are individuals:
(1) The name and date of birth and of the applicant and applicant's residence address;
(2) If the applicant has ever used or been known by a name other than the applicant's
name, and if so, the name or names and information concerning the dates and places where used;
(3) Residence addresses of the applicant during five (5) years preceding the date of
application;
(4) The type, name and location of every business or occupation the applicant has been
engaged in during the preceding five (5) years;
(5) Names and addresses of the applicant's employers for the preceding five (5) years;
(6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance
other than a minor traffic offense; if so, the applicant must furnish information as to the time,
place and offense involved in the convictions;
(7) If the applicant has ever been engaged in the operation of tattoo, piercing, branding,
scarring or body painting services; if so, the applicant must furnish information as to the name,
place and length of time of the involvement in such activity.
c. For applicants that are partnerships:
(1) The names and addresses of general and limited partners and the information
concerning each general partner described in subdivision 1b of this Section;
(2) The managing partners must be designated, and the interest of each general and
limited partner in the business must be disclosed;
(3) A true copy of the partnership agreement must be submitted with the application, and
if the partnership is required to file a certificate as to a trade name under Minnesota Statutes,
section 333.02, a certified copy of that certificate must be submitted.
The license--if issued--will be in the name of the partnership.
d. For applicants that are corporations:
(1) The name of the organization, and if incorporated, the state of incorporation;
(2) A true copy of the certificate of incorporation, and, if a foreign corporation, a
certificate of authority as described in Minnesota Statutes, section 303.02;
(3) The name of the general manager, corporate officers, proprietor, and other person in
charge of the premises to be licensed, and the information about those persons described in
subdivision lb;
(4) A list of the persons who own or have a controlling interest in the corporation or
organization or who are officers of the corporation or organization, together with their addresses
and the information regarding such persons described in subdivision 1b of this Section.
Subd. 2. Tattoo and body piercing specialist license: The application for a tattoo and body piercing
specialist license must contain the following information:
a. The applicant's name and address;
b. The applicant's current employer;
c. The applicant's employers for the previous five (5) years, including employer's name, address
and dates of employment;
d. The applicant's residence address for the previous five (5) years;
e. The applicant's social security number, date of birth, home telephone number, weight, height,
color of eyes and color of hair;
f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other
than a minor traffic offense and, if so, the time, place and offense involved in the convictions;
g. If the applicant has ever used or been known by a name other than the applicant's name, and if
so, the name or names and information concerning dates and places where used;
h. Evidence that the applicant:
(1) Has current insurance coverage over one million dollars ($1,000,000.00) for
professional liability in the practice of tattooing, piercing, branding, scarring or body painting;
(2) Is affiliated with, employed by or owns a tattoo and piercing enterprise licensed by the
City;
(3) Whether the applicant holds a current tattooing, body piercing, body branding, body
scarring or body painting license from any other governmental unit;
(4) Whether the applicant has previously been denied a tattooing, body piercing, body
branding, body scarring or body painting license from any other governmental unit.
(5) Any other information that the City Council may require.
515.06: APPLICATION AND INVESTIGATION FEES: The fees for tattoo and piercing
enterprise and specialist licenses are set forth from time to time by City Council resolution. An
investigation fee will be charged for tattoo and piercing enterprise licenses. An application for either
license must be accompanied by payment in full of the required license and investigation fees, if
applicable.
515.07: APPLICATION VERIFICATION AND CONSIDERATION:
Subd. 1. Tattoo and piercing enterprise license: The Clerk-Administrator must verify the information
supplied on the license application and investigate the background, including the criminal
background, of the applicant to assure compliance with this Section. Within ninety (90) days of
receipt of a complete application and fee for a tattoo and piercing enterprise license, the Clerk-
Administrator must make a written recommendation to the City Council as to issuance or non-
issuance of the license. The City Council may order additional investigation if it deems it
necessary, but must grant or deny the application within one hundred twenty (120) days of receipt
by the Clerk-Administrator of the complete application and required fees.
Subd. 2. Tattoo and piercing specialist license: Within ninety (90) days of receipt of a complete
application and fee for a tattoo and piercing specialist license, the Clerk-Administrator must grant
or deny the application. Notice will be sent to the applicant upon a denial informing the
applicant of the right to appeal to the City Council within twenty (20) days. If an appeal is
properly made, the matter will be placed on the next available City Council agenda.
515.08: PERSONS INELIGIBLE FOR LICENSE:
Subd. 1. Tattoo and Body Piercing Enterprise License: A tattoo and body piercing enterprise license
may not be issued to an individual who:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties and
responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision
3;
c. Does not have the legal authority to be employed in the United States;
d. Is not of good moral character or repute;
e. Is not the real party in interest of the enterprise;
f. Has misrepresented or falsified information on the license application.
Subd. 2. Tattoo and Body Piercing Specialist License: A tattoo and body piercing specialist license
may not be issued to a person who could not qualify for a tattoo and body piercing enterprise
license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a tattoo or body
piercing enterprise license.
515.09: LOCATIONS INELIGIBLE FOR TATTOO AND BODY PIERCING
ENTERPRISE LICENSE:
Subd. 1. A tattoo and body piercing enterprise may not be licensed if the enterprise is located on
property on which taxes, assessments or other financial claims to the state, county, school district
or City are due and delinquent. In the event a suit has been commenced under Minnesota
Statutes, sections 278.01-278.13, questioning the amount or validity of taxes, the City Council
may on application waive strict compliance with this provision; no waiver may be granted,
however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1)
year after becoming due.
Subd. 2. Zoning Compliance: A tattoo and body piercing enterprise may not be licensed if the location
of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.
515.10: GENERAL LICENSE REQUIREMENTS:
Subd 1. General licensing requirements are as follows:
Tattoos on minors. No person shall tattoo, pierce, scar, brand or paint any person under the
age of 18 except in the presence of, and with the written permission of, the parent or legal guardian
of such minor.
Prohibition on license transfer. The license granted is for the person and the premises named
on the approved license application. No transfer of a license shall be permitted from place-to-place
or from person-to-person without first complying with the requirements of an original application,
except in the case in which an existing noncorporate licensee is incorporated and incorporation does
not affect the ownership, control, and interest of the existing licensed establishment.
Hours of operation. A licensee shall not be open for business for tattooing before 8:00 a.m.
nor after 10:00 p.m.
Licensed premises. The tattoo, body piercing, body branding, body scarring, body painting
enterprise license is only effective for the compact and contiguous space specified in the approved
license application. If the licensed premises is enlarged, altered, or extended, the licensee shall
inform the Clerk-Administer.
Adherance to Codes. The tattoo, body piercing, body scarring, body branding, body painting
enterprise shall comply with applicable Minnesota Statutes and all titles, chapters and sections of the
Mounds View City Code, including those expressly stated as follows: Chapter 513, Adult
Establishments; Section 514.11, Subd. 5, regarding prohibited massages; and Title 600, Public
Health and Safety.
Effect of license suspension or revocation. No person shall solicit business or offer to
perform tattooing, body piercing, body branding, body scarring or body painting services while under
license suspension or revocation by the City.
Maintenance of order. The licensee shall be responsible for the conduct of the business being
operated and shall at all times maintain conditions of order.
Employee lists. The licensee shall provide to the Clerk-Administrator a list of employees
who perform tattooing, body piercing, body branding body scarification or body painting at the
licensed establishment and shall verify that each employee has received a copy of Chapter 515.
Liability insurance. All licensees shall have at all times a valid certificate of insurance issued
by an insurance company licensed to do business in the State of Minnesota indicating that the
licensee is currently covered in the licensed business by a liability insurance policy. The minimum
limits of coverage for such insurance shall be:
(1) Each claim, at least $200,000;
(2) Each group of claims, at least $500,000.
Such insurance shall be kept in force during the term of the license and shall provide for notification
to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City.
515.11: HEALTH AND SANITATION REQUIREMENTS:
Subd. 1. No person shall engage in the practice of tattooing, body piercing, body branding, body
scarring or body painting at any place in the City without complying with the following
regulations:
(a) Lavatory requirement. Every place where tattooing, body piercing, body branding, body
scarification or body painting is practiced shall be equipped with an adequate and
conveniently located toilet room and hand lavatory for the accommodation of employees and
patrons. The hand lavatory shall be supplied with hot and cold running water under pressure;
shall be maintained in good repair at all times; and shall be kept in a clean and sanitary
condition. Toilet fixtures and seats shall be of a sanitary open front design and readily
cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every
lavatory facility shall be provided with an adequate supply of hand cleansing compound and
single-service sanitary towels or hand-drying devices.
(b) Skin infection. No person having any skin infection or other diseases of the skin shall be
tattooed, pierced, scarred, branded or painted.
(c) Sterilization and disposal of bio-hazardous materials. All needles and razor blades and
other equipment used for piercing, scarring, branding or puncturing shall be individually pre-
packaged, pre-sterilized and disposable. No such equipment shall be used on more than one
customer. All bio-hazardous waste shall be disposed of in accordance with law, and disposal
procedures shall be approved by the enforcement officer. Sterilizing solutions and methods
may be used for the purpose of sterilizing instruments other than needles and razor blades.
(d) Skin preparation procedures. The following procedures shall be used for skin
preparation:
(1) Operators shall wash their hands thoroughly with soap and water then dry them with
a clean towel before and after each tattooing, branding, scarring, piercing or painting.
Specialists with skin infections of the hand shall not perform any tattooing, body
piercing, body branding, body scarring or body painting services.
(2) Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable,
razor blades shall be used.
(3) The skin area to be tattooed, scarred, pierced, branded or painted shall be thoroughly
cleaned with anti-bacterial germicidal soap, rinsed thoroughly with water, and
sterilized with an antiseptic solution. Only single-service towels and wipes shall be
used in the skin cleaning process.
(4) After tattooing, piercing, scarring or branding, a sterile dressing must be applied to
the tattooed, pierced or branded area.
(e) Operating furniture. All tables, chairs, furniture, or area on which a patron receives a
tattoo, any body piercing, body branding, body scarification or body painting shall be covered
by single-service disposable paper or clean linens, or in the alternative, the table, chair, or
furniture on which the patron receives a tattoo, body piercing, body scarring, body branding
or body painting shall be impervious to moisture and shall be properly sanitized after each
tattoo, body piercing, body branding, body scarring or body painting.
(f) Towels. Every specialist shall provide single-service towels or wipes for each customer
or person and such towels or wipes shall be stored and disposed of in an acceptable manner.
(g) Coverings: The specialist shall require that the person who is receiving the tattoo, piercing,
branding, scarring or painting will at all times have that person’s breasts, buttocks, anus and
genitals covered with a non-transparent covering. The specialist may lift the covering to
expose the person’s breasts, buttocks, anus or genitals to the limited extent necessary to
perform the tattooing, body piercing, body scarring, body painting or body branding requested.
The specialist shall ensure that no other person may view the exposed body part.
(h) Garments of specialist: The specialist performing tattoo, branding, piercing, scarring or
painting services shall be fully clothed so as to have the specialist’s breasts, buttocks, anus and
genitals covered with a non-transparent material or clothing. Every specialist shall wear clean
garments when engaged in the practice of tattooing, body piercing, body branding, body
scarring or body painting. If garments are contaminated with blood or body fluids, such
garment shall be removed, changed, and/or discarded or cleaned by dry cleaning methods.
(i) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious
agents and substances including mercury. The pigments used from stock solutions for each
customer shall be placed in a single-service receptacle, and such receptacle and remaining
solution shall be discarded after use on each customer.
Minimum floor space. There shall not be less than 250 square feet of floor space at the place
where the practice of tattooing, body piercing, body scarring, body branding or body painting
is conducted, and said place shall be well lit and ventilated.
(k) Influence of alcohol and drugs. No person shall practice tattooing, body piercing, body
branding, body scarring or body painting while under the influence of alcoholic beverages or
illicit drugs. No customer shall be tattooed, pierced, scarred, branded or painted while under
the influence of alcoholic beverages or illicit drugs.
(l) Written instructions. The operator shall provide the person tattooed, scarred, pierced,
painted or branded with printed instructions on the approved care of the skin during the
healing process.
(m) Living quarters. No place licensed as a tattoo, body piercing, body branding, body
scarring or body painting establishment shall be used or occupied as living or sleeping
quarters.
515.12: LICENSE TERMS, RENEWALS: Licenses expire annually on December 31. The
license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The
Clerk-Administrator must prepare an application form for the renewal of a license requiring
information that the manager determines necessary for consideration of the renewal. The renewal
application must be made no later than November 30.
515.13: SUSPENSION; REVOCATION:
Subd 1. The City Council may revoke the license or suspend the license if the licensee submitted
false information or omitted material information in the license process required. The City
Council may by resolution suspend or revoke a license for the violation of any provision or
condition of this section or any other local law governing the same activity during the license
period or any criminal law during the license period which adversely affects the ability to
honestly, safely, or lawfully conduct a tattooing, body piercing, body scarring, body branding
or body painting business.
Subd. 2. A revocation or suspension shall be preceded by written notice to the licensee and a public
hearing before the City council. The notice shall give at least ten days notice of the time and
place of the hearing and shall state the nature of the charges against the licensee. The notice
shall be mailed to the licensee at the most recent address listed on the application.
515.14 TEMPORARY TATTOOING, BODY PIERCING, BODY BRANDING, BODY
SCARRING OR BODY PAINTING EVENT LICENSE.
Subd. 1. The Clerk-Administrator may issue a temporary tattoo, piercing, branding, scarring and body
painting event license as provided in this subsection.
Subd. 2. A temporary tattoo, piercing, branding, scarring and body painting specialist license may be
issued to a person who:
a. Is qualified to hold a tattoo and piercing specialist license under this Section;
b. Has completed the required application and paid the license fee at least seven (7) days prior
to the effective date of the license.
Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued
more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive
days.
Subd. 4. All other provisions of this Section apply to temporary licenses.
515.15. EXEMPTIONS: Jewelry stores that provide ear piercing services to its customers as an
accessory service shall be exempt from the provisions of this Chapter so long as the service is incidental
to the sale of jewelry. For purposes of this ordinance, a jewelry store shall mean a retail business that
derives a majority of its revenue from the sale of jewelry and that derives less than one percent of its
revenues from ear piercing services.
515.16: VIOLATIONS AND PENALTIES: Any person who violates any provision of
this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided
in Section 104.01 of this Code. (Ord. 663, 8-28-2000)
SECTION 2. Chapter 1113 of the Mounds View Municipal Code shall be revised to address
zoning and siting requirements of Tattoo, Body Piercing, Body Branding, Body Painting or Body
Scarring Establishments by the addition of the underlined language as follows:
1113.02: PERMITTED USES: The following are permitted uses in a B-2 District:
Subd. 3. Tattoo, Body Piercing, Body Branding, Body Painting or Body Scarring
Establishments, provided that:
a. Any such establishment shall be separated by no less than 1,000 feet from any other
such establishment located within the City of Mounds View, as measured from the
property lines of the property upon which the uses are located.
b. The minimum floor space for such use shall be 250 square feet
c. The establishment and operators shall be licensed and be in compliance with Chapter
515 of the Municipal Code. (Ord. 663, 8-28-2000)
SECTION 3. This ordinance takes effect 30 days after its publication in the official City
newspaper.
First read by the City Council of the City of Mounds View this 14th day of August, 2000.
Read and passed by the City Council of the City of Mounds View this 28th day of August, 2000.
____________________________________
Dan Coughlin, Mayor
Attest: ___________________________________
Michael Ulrich, Interim Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_________________________
Robert C. Long, City Attorney
Item No. 10C
Meeting Date: August 14th, 2000
Type of Business: PH
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; EDA: EDA Business
City of Mounds View Staff Report
To: Mounds View Mayor and City Council
From: Aaron Parrish, Economic Development Coordinator
Item Title/Subject: Public Hearing and Consideration of Resolution No. 5455 Approving
Economic Development Project and Tax Increment Financing Plan
Amendments
Date of Report: August 29, 2018
Background:
As indicated at the Council Work Session, modification of the Mounds View Economic
Development Project and Tax Increment Financing Plans establishes the necessary framework
to provide tax increment financing assistance for the Mermaid’s proposed hotel and banquet
center expansion. As a result of the modifications/amendments, the following will be
incorporated into Mounds View’s existing TIF budgets as expenditures reimbursable with TIF
funds:
Mermaid Redevelopment Project
Expenditure Category Expenditure
Land Acquisition $1,736,700
Demolition / Removal 110,000
Other Site Work, Including On Site Utilities 698,807
Mermaid Rehabilitation and Remodeling 433,992
Other Soil Correction / Remediation 126,320
Administrative Expenses 100,000
Interest on TIF Indebtedness / Borrowing Relating to
Costs of Redevelopment Project 1,500,000
Total Development Costs and Maximum Amount of
Bonded Indebtedness $4,705,819
As previously stated, the modification of the Economic Development Project and TIF Plans do
not constitute approval of TIF assistance for the project. Rather, it provides the framework in
which to proceed.
Preliminarily, it is anticipated that 90% of the property taxes generated as a result of the
expansion will be provided to the developer for 10.5 years, or the remaining life of the TIF
district. Payments would be made semiannually on a pay-as-you-go basis. Based on
projections of TIF revenue, and taking into account existing tax base lost in the redevelopment
process, it is estimated that this will translate into a total dollar amount of $2 to $2.5 million
dollars. However, the projects assessed market value, local real estate market, and legislative
changes to the existing property tax system are just a few of the variables that could positively or
negatively influence the amount of increment generated by the project.
If the appropriate amendments to the TIF Plans are adopted, a “Development Assistance
Agreement” outlining the specific terms of the TIF assistance could then be presented for
consideration. This could take place at the last meeting Council meeting in August, or the first
Council meeting in September.
Since a copy of the proposed modifications were provided in conjunction with last week’s Work
Session Item #3, another copy was not included for this week’s packet. Should anyone need
another copy, feel free to contact me. Finally, Resolution No. 5455, Approving Economic
Development Project and Tax Increment Financing Plan Amendments, has been included for
your review.”
Necessary Actions:
Hold a Public Hearing and Consider Resolution 5455 Approving Economic Development Project and
Tax Increment Financing Plan Amendments.
______________________________________
Aaron Parrish, Economic Development Coordinator
(763) 717-4029
Attachment #1: Resolution No. 5455 Approving Economic Development Project and Tax
Increment Financing Amendments
N:\DATA\GROUPS\ECONDEV\COUNCIL\Staff Reports\Staff 00\08-14 Item 10C.doc
RESOLUTION NO. 5455
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING ECONOMIC DEVELOPMENT PROJECT AND TAX
INCREMENT FINANCING AMENDMENTS
BE IT RESOLVED by the City Council (the “Council”) of the City of Mounds View,
Minnesota (the “City”), as follows:
Section 1. Recitals.
1.01. It has been proposed by the Mounds View Economic Development Authority (the
“EDA”) that the EDA amend the Project Plan for the EDA’s Mounds View Economic
Development Project (the “Project”) and amend the tax increment financing plans for the tax
increment financing districts heretofore established within the Project to reflect increased
development goals, activities, expenses and bonded indebtedness; all pursuant to Minnesota
Statutes, Sections 469.001 through 469.047, 469.090 through 469.108, 469.124 through
469.134, and 469.174 through 469.179, respectively (collectively, the “Plans”), and all as
reflected in the certain document entitled in part “Amendments Relating to the Mounds View
Economic Development Project of the Mounds View Economic Development Authority,” dated
August 14, 2000, and presented for the Council’s consideration.
1.02. The Council has investigated the facts relating to the Plans.
1.03. The City has performed all actions required by law to be performed prior to the
adoption and approval of the Plans, including, but not limited to, prior notification of the County
and the School District, a review by the City Planning Commission of the Plans, and holding a
public hearing thereon following published notice as required by law.
Section 2. Findings for the Adoption and Approval of the Plans.
2.01. The Council herby finds that the Plans are in the public interest and that the
proposed development would not reasonably be expected to occur solely through private
investment within the reasonably foreseeable future and, therefore, the use of tax increment
financing is deemed necessary; that the Plans conform to the general plan for the development
or redevelopment of the City as a whole because the anticipated development is in furtherance
of long range plans of the City for the development areas; and that the Plans will afford
maximum opportunity, consistent with the sound needs of the City as a whole, for the
development of the Mounds View Economic Development Project by private enterprise because
they will enable the EDA to provide and finance suitable and necessary public inducements.
2.02. The Council further finds that the Plans are intended and, in the judgment of this
Council, their effect will be, to promote the public purposes and accomplish the objectives
specified in the tax increment financing plans and the Project Plan for the Mounds View
Economic Development Project, which are all consistent with the efforts already made for the
development of the subject areas.
2.03. The bases, reasons, supporting and justifications for the findings made in the
Plans and this Resolution include (a) the nature and location of the various properties to be
improved, the deficiencies respecting those properties, and the development and redevelopment
needs of the City, all of which necessitate tax increment and related public assistance in order to
facilitate the desired improvements; (b) the extensive tax increment application materials and
justifications provided by or on behalf of The Mermaid; and (c) the long period over which The
Mermaid and the City have discussed and negotiated over this tax increment redevelopment
project.
Section 3. Approval and Adoption of the Plans.
3.01. The Plans, as presented to the Council on this date, including without limitation
the findings and statements of objectives contained therein, are hereby approved, ratified,
established, and adopted and shall be placed on file in the office of the City Clerk Administrator.
Adopted on August 14, 2000, by the Mounds View City Council.
Councilmember _______ moved the adoption of the foregoing resolution, the reading of which
was dispensed with by unanimous consent of the Council, and said motion was duly seconded
by Councilmember ________, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly adopted
______________________________________
Dan Coughlin, Mayor
______________________________________
Michael Ulrich, Interim City Clerk/Administrator
N:\DATA\GROUPS\ECONDEV\COUNCIL\Staff Reports\Staff 00\08-14 Item 10C.doc
Item No: 10 D
Meeting Date: August 14, 2000
Type of Business: PH & CB
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Planner
Item Title/Subject: Approval of Resolution No. 5461 Approving a Planned
Unit Development (PUD) General Concept Plan For A
Hotel And Banquet Center Addition To The Mermaid
Entertainment Complex, 2200 Highway 10.
Date of Report: August 10, 2000
Background:
Dan Hall, representing The Mermaid, is requesting City approval of a PUD general
concept plan to construct a 97-room hotel and a 500-seat banquet center to be attached
to and integrated with the existing complex.
The general concept plan is the first stage of a planned unit development (PUD) process.
The advantage to this stage is that the developer is allowed to bring forth a general site
plan for City review and consideration without the need to have all of the other
components prepared. If the City approves the concept plan, the developer would then
prepare the balance of the submittal (landscaping, detailed site plans, drainage, signage,
elevations, photometric analysis, etc.) for city consideration, which is referred to as the
development stage of the PUD. Both stages (concept and development stages) require a
public hearing.
This matter was discussed at the August 7, 2000 work session.
Discussion:
The concept of a hotel development and banquet center at the Mermaid is not a new
one. The owners of the Mermaid have for six years or more contemplated this type of
expansion, investigated potential partners and franchise opportunities. Throughout this
time, there have been informal discussions with previous Councils and Planning
Commissions regarding the potential for this type of expansion. To staff’s knowledge, the
concept has always been favorably considered.
Mr. Hall has applied for tax increment financing on the project, and on June 5, 2000, the
City Council directed staff to work with the Mermaid to finalize the finance package.
The City Council has been provided with a set of plans date-stamped August 3, 2000
for the proposed expansion. They include an existing condition plan, an existing
condition topographic survey, a proposed conditions site plan and a proposed condition
site plan encompassing both the project area as well as the Mounds View Business Park
Mermaid PUD
August 14, 2000
Page 2
South development. The total area of the proposed PUD is 11 acres, which includes the
three existing Mermaid Parcels, the Rent-All parcel, the Perkins Parcel, Music Off 10 and
the dry holding pond associated with the business park development. (The minimum
requirement for a commercial PUD is 5 acres.) The existing business park access drive
from County Road H would be shifted to the west to maximize the contiguous parking
area for the proposed development.
The hotel is planned to be a four story, 96-unit AmericInn. Attached to the hotel would be
a “water park” which would offer in addition to the pool and waterslide, hot tub and sauna,
a spacious lounge area (the “plaza”). Attached to the hotel and the existing Mermaid
facilities would be the 14,714 square foot banquet center, which would provide seating for
as many as 500 people.
On July 19, 2000, the Planning Commission held a public hearing and approved
Resolution 626-00, a resolution that recommends approval of the general concept plan
subject to a plan revision to indicate a minimum 5 foot parking lot setback along Highway
10 and County Road H.
A public hearing has been scheduled for the August 14, 2000 City Council meeting.
Mailed and published Public Hearing notice has been provided for the hearing.
Recommendation:
It is recommended that the City Council approve Resolution No. 5461 approving a
general concept plan for the Mermaid Planned Unit Development.
_____________________________________
James Ericson, Planner
Attachment:
1. Resolution 5461
RESOLUTION NO. 5461
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT (PUD) GENERAL
CONCEPT PLAN REGARDING THE PROPOSAL TO CONSTRUCT A HOTEL AND
BANQUET CENTER AT THE MERMAID, LOCATED AT 2200 HIGHWAY 10;
PLANNING CASE NO. ZC00-003
WHEREAS, Dan Hall, representing The Mermaid, Inc., has made application for a
Planned Unit Development (PUD) and is requested approval of the PUD general concept plan;
and,
WHEREAS, The Mermaid is located at 2200 Highway 10 and is currently zoned B-3,
Business Commercial; and,
WHEREAS, the PIN numbers of the properties associated with this PUD proposal are as
follows:
08-30-23-43-0006 - Mermaid
08-30-23-43-0007 - Mermaid
08-30-23-43-0008 - Mermaid
08-30-23-43-0009 - Rent All
08-30-23-43-0010 - Perkins
08-30-23-43-0005 - Music Off 10
08-30-23-43-0023 - Mounds View Business Park South Condo (part)
WHEREAS, a public hearing notice was published in the official City newspaper on
August 3, 2000, and notices mailed to property owners within 350 feet of the subject properties;
and,
WHEREAS, the Mounds View City Council has reviewed Chapter 1120 of the Mounds
View Municipal Code pertaining to planned unit developments; and,
WHEREAS, the Mounds View City Council has reviewed the land use component of the
Comprehensive Plan relative to this request; and,
WHEREAS, The Mounds View City Council has reviewed the site plans date-stamped
June 30, 2000, relative to this request; and
WHEREAS, The Mounds View Planning Commission has reviewed this matter and
forwarded Planning Commission Resolution No. 626-00 recommending approval of the
Mermaid PUD General Concept Plan to the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council finds that
the general concept plan of the proposed planned unit development is consistent with the
Comprehensive Plan and the Municipal Code and approves said plan with the following
stipulation:
Mermaid PUD
August 14, 2000
Page 4
1. The Site Plan shall be revised prior to development review submission to reflect a minimum
five-foot parking lot setback along both County Highway 10 and County Road H.
Adopted this 14th day of August, 2000
_________________________________________
Dan Coughlin, Mayor
Attest:
____________________________________
Mike Ulrich, Acting City Administrator
(SEAL)
N:\DATA\GROUPS\COMDEV\DEVCASES\Mermaid Hotel (ZC00-003, DE00-003, MA00-002)\Resolution 5461.doc
Item No: 10 E
Meeting Date: August 14, 2000
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Planner
Item Title/Subject: Second Reading and Adoption of Ordinance 658
Regarding Fences and Fence Heights.
Date of Report: August 10, 2000
Background:
The City Council held a public hearing and approved the first reading of this ordinance
on July 24, 2000.
The Planning Commission has recommended adoption of this ordinance. A copy of
their resolution was provided to the Council at the July 24th meeting.
Discussion:
The changes contemplated by Ordinance 658 are minimal, however the consequence
is such that the Council may require or allow a fence up to eight feet tall in a front
yard to satisfy buffer, screening or privacy issues.
Ordinance 658 adds the following language to Section 1103.08, Subdivision 3:
“The City Council may require or approve fencing up to ninety-six
inches (96") in height in a front yard to satisfy a buffer or screening
condition of a development review or conditional use permit.”
Recommendation:
Staff and the Planning Commission recommends that the City Council approve the
second reading and adoption of Ordinance 658.
_____________________________________
James Ericson, Planner
Attachments:
1. Ordinance 658
T:\DATA\GROUPS\COMDEV\SPECPROJ\SP080-00\CC Memo - August 14, 2000.doc
ORDINANCE NO. 658
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 1103.08, SUBDIVISION 3, OF THE MOUNDS
VIEW ZONING CODE, PERTAINING TO THE LOCATION AND HEIGHT OF FENCES
WITHIN THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 1103, Section 1103.08, Subdivision 3 of the Mounds View Zoning Code is hereby
amended with additions underlined to read as follows:
1103.08: FENCING, SCREENING AND LANDSCAPING:
Subd. 1. Height: No fence shall exceed eight feet (8') in height and in the case of grade separation,
such as the division of properties by a retaining wall, the height shall be determined on the basis
of measurement from the average point between the highest and lowest grade.
Subd. 2. Intersections: No fences, structures or planting of trees or shrubs shall be permitted within thirty feet (30') of
any corner formed by the intersection of street property lines or the right of way of a railway intersecting a street,
except properly constructed chain link fences. Such chain link fences shall not exceed forty-eight inches (48") in
height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-
eighths inches (1-5/8") nor more than two and one-fourth inches (2-1/4"). Such fences may follow the lot line to
the lot corner. The thirty feet (30') restriction noted above shall consist of the triangle formed by connecting the
two (2) points on intersecting lot lines that are each thirty feet (30') from the lot corner.
Subd. 3. Location:
a. Except as provided in subdivision 2 above, fences not to exceed forty-eight inches (48") in height may
be located on any part of a lot. Fences not to exceed ninety-six inches (96") in height may be erected on
any part of a lot behind the front line of the principal building. The City Council may require or approve
fencing up to ninety-six inches (96") in height in a front yard to satisfy a buffer or screening condition of a
development review or conditional use permit.
b. A fence shall be installed on the applicant's property. The fence shall not be installed directly over the property
line.
SECTION 2. This ordinance shall go into effect thirty (30) days after it has been published in the official City
newspaper.
First read by the City Council of the City of Mounds View on this ____ day of ____, 2000.
Read and passed by the City Council of the City of Mounds View on this ____ day of ____, 2000.
Dan Coughlin, Mayor
ATTEST:
Michael Ulrich, Interim City Clerk / Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________________
Robert C. Long, City Attorney
Item No: 10 F
Meeting Date: August 14, 2000
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Planner
Item Title/Subject: Second Reading and Adoption of Ordinance 664, an
Ordinance Amending Chapter 1106 of the Mounds
View Zoning Code Pertaining to Accessory Storage
Buildings.
Date of Report: August 10, 2000
Discussion:
Ordinance 664 was drafted in response to the large number of conditional use permits
being reviewed and granted for oversized sheds and garages. The Council directed
staff to work with the Planning Commission to arrive at a code revision that would be
more flexible and permissive for the residents, as long as certain predetermined
conditions were met.
The Planning Commission initiated discussion on this issue on June 7, 2000, and at
each meeting subsequent from that point through July 19, the Planning Commission
developed and refined the language that is now represented by Ordinance 664. On
July 19, 2000, the Planning Commission approved Resolution 624-00, which
recommends to the City Council adoption of this ordinance.
The City Council approved the first reading of this ordinance on July 24, 2000. At that
meeting, staff indicated that a specific Fire Code reference would need to be footnoted
because of the reduced setback requirement. Staff consulted with the City’s Building
Official, who noted that in a residential district, a three-foot separation is allowed
without having to meet more stringent fire code construction requirements.
Recommendation:
Staff and the Planning Commission recommend approval of the second reading and
adoption of Ordinance 664.
_____________________________________
James Ericson, Planner
Attachments:
1. Ordinance 664
W:\DATA\GROUPS\COMDEV\SPECPROJ\SP079-00\CC Memo - Aug 14, 2000.doc
ORDINANCE NO. 664
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1106 OF THE MOUNDS VIEW ZONING CODE PERTAINING
TO PERMITTED AND CONDITIONALLY PERMITTED ACCESSORY STRUCTURES
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: Section 1106.02 of the Mounds View Zoning Code is hereby amended with the proposed
additions underlined and the proposed deletions struck out, to read as follows:
1106.02: PERMITTED USES: The following are permitted uses in an R-1 District:
Subd. 1. Single-family detached dwellings. (Ord. 575, 7-15-96)
a. Each applicant for a building permit to construct any dwellings shall be required to provide off-street parking
spaces for at least two (2) automobiles per family in addition to any garage spaces to be used.
b. Every dwelling house hereafter erected shall be so located on the lot so that at least a two (2) car garage, either
attached or detached, can be located on said lot.
c. No permit shall be issued for the construction of a residential dwelling unless the driveway servicing the property
is to be improved with a permanent surfacing material so as to control dust, drainage and erosion, according to the
requirements as set forth in Section 902.05 of this Code, except that the property owner may provide a signed,
notarized statement in which the property owner agrees to improve the driveway in conjunction with the desired
construction activities or within six (6) months of the commencement of such activities, in a form acceptable to the
City Attorney. For the purposes of this Title, permanent surfacing materials are defined as concrete, asphalt or
brick. (Ord. 620, 7-27-98)
Subd. 2. Permitted single-family uses allowed under Minnesota Statutes, section 462.357, subdivision 7, as follows:
a. A state licensed residential facility serving six (6) or fewer
persons, except as provided in subdivision 3 of this Section 1106.02;
(Ord. 596, 3-10-97)
b. A licensed day care facility serving twelve (12) or fewer persons;
c. A group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9501.0445 to serve fourteen
(14) or fewer children;
d. Residential facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to
sex offenses shall not be considered a permitted use. (Ord. 575, 7-15-96)
Subd. 3. Notwithstanding the provisions of subdivision 2.a. herein, foster family homes as defined in Minnesota Rules,
chapter 9545, section 9545.0010, subp. 7, which relate to the Department of Human Services and group homes and
group foster homes as defined in Department of Correction Rules, extracted from Minnesota Rules, chapter 2925,
section 2925.0100, subp. 9, shall be allowed as permitted uses to serve not more than eight (8) children per home,
not including the foster family's own children. (Ord. 575, 7-15-96; Ord. 596, 3-10-97)
Subd. 4. Essential services. (Ord. 575, 7-15-96)
Subd. 5. Public parks and playgrounds. (Ord. 575, 7-15-96)
SECTION 2: Section 1106.03 of the Mounds View Zoning Code is hereby amended with the proposed
additions underlined and the proposed deletions struck out, to read as follows:
1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: (1988 Code §40.10)
Subd. 1. Accessory Buildings: Accessory buildings, which for these purposes shall include
garages, tool houses, carports, sheds and similar buildings, for storage of domestic supply
and noncommercial recreational equipment, whether attached or detached.
a. Private garages, parking spaces and carports as regulated by Chapter 1121, Off-Street Parking, of
this Title. Private garages are intended solely for storage of the private passenger vehicles of the
residents of the premises. Such spaces can be rented to nonresidents of the property for private
passenger vehicles and/or noncommercial vehicles, trailers or equipment if sufficient off-street parking,
in full compliance with this Title, is provided elsewhere on the property.
a. Every R-1 zoned property improved with a single-family dwelling is allowed a maximum of 1,400 square feet of
combined accessory building area, subject to the requirements noted herein.
b. No permit shall be issued for the construction of more than one (1) private garage for each dwelling. Each
applicant for a building permit to construct any dwellings shall be required to provide off-street parking spaces for at
least two (2) automobiles per family in addition to any garage spaces to be used. Every dwelling house hereafter
erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located
on said lot.
c. No permit shall be issued for the construction of a residential dwelling, garage or garage expansion unless the
driveway servicing the property is improved with a permanent surfacing material so as to control dust, drainage and
erosion, according to the requirements as set forth in Section 902.05 of this Code, unless the property owner
provides a signed, notarized statement in which the property owner agrees to improve the driveway in conjunction
with the desired construction activities or within three (3) months of the commencement of such activities, in a form
acceptable to the City Attorney. For the purposes of this Title, permanent surfacing materials are defined as
concrete, asphalt or brick. (Ord. 620, 7-27-98)
b. d. Accessory buildings shall not exceed fifteen feet (15') in height, shall be five feet (5') or more from all lots
lines of adjoining lots and shall be six feet (6') three feet (3’) or more from any other building or structure on the
same lot. Attached garages must conform to the front and rear setback requirements for the principle structure, and
the side yard setback shall be at least five feet (5').
e. The square-footage of a garage in an R-1 District shall not exceed the square-footage of the principal dwelling’s
foundation, except by conditional use permit. (Ord. 620, 7-27-98)
c. f. No accessory building garage in an R-1 District shall exceed nine hundred fifty-two (952) square feet in area,
except by conditional use permit. (Ord. 620, 7-27-98)
d. j. The combined square footage of accessory buildings in a rear yard shall not exceed twenty percent (20%) of
the rear yard. (Ord. 442, 7-11-88; Ord. 620, 7-27-98)
e. g.. An outdoor living room or patio shall not be used for storage of automobiles or trucks.
f. h.. No permit shall be issued for the construction of more than two (2) three (3) accessory buildings in any R-1
District. One of the two (2) three (3) permits must be for a garage.
g. Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular
metal and canvas or exposed plywood, particle board or similar materials shall not be permitted.
i. No accessory building other than a garage shall exceed two hundred sixteen (216) square feet, except by
conditional use permit.
h. If an accessory building is to be utilized for the storage of frequently-used vehicles, it shall be serviced by an
improved driveway so as to control dust, drainage and erosion, according to the requirements as set forth in Section
902.05 of this Code.
Subd. 2. Outdoor, Uncovered Parking Spaces:
a. Parking spaces for residential vehicles as regulated by Section 607.06, Chapter 802 and Chapter 1121 of the
Municipal Code.
b. RV Storage: Storage of recreational vehicles and equipment leased or owned by the resident as regulated by
Chapter 802 of this Municipal Code.
Subd. 3. Home Occupations: The regulation of home occupations within residential structures is intended to insure ensure
that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with
surrounding residential uses is maintained. No home occupation shall be allowed which:
a. Involves employees other than persons residing on the premises;
b. Involves alteration or construction features not customarily found in dwellings;
c. Has an exterior display or sign in excess of one square foot. Such sign, for identification purposes only, shall be
located on either the principal structured or garage. Any sign existing prior to December 29, 1972, shall not be
enlarged but may be continued at the size and location upon such date, except as hereinafter specified or
subsequently amended. Any sign erected after December 29, 1972, but prior to the effective date hereof shall come
into compliance herewith by April 1, 1983;
d. Involves exterior storage of equipment or materials;
e. Generates more than two (2) motor vehicles at a time for either off-street or on-street parking;
f. Results in violation of the provisions of Chapter 604 607, Nuisances, of the Municipal Code; and
g. Involves activity visible from the public streets.
Subd. 4. Noncommercial Greenhouses and Conservatories:
Subd. 5. Recreational Facilities: Swimming pools, patios, decks, gazebos, swing sets, play systems and play houses,
outdoor living rooms, tennis courts, and other recreational facilities which are operated for the enjoyment and
convenience of the residents of the principal use and their guests. Such facilities shall be set back five feet (5’) or
more from a property line, except swimming pools, which shall be set back ten feet (10’) or more from a property
line.
Subd. 6. Boarding: Boarding or renting of rooms to not more than one (1) person.
Subd. 7. Other Uses: Other allowed uses incidental to the dwelling unit, including, but not limited to:
clothes lines and poles; lawn and garden ornaments and other landscaping features; and pet
house, or facility or kennel. A pet house, facility or kennel shall be set back five feet (5’) or
more from a property line. ; playhouse, swing set or other structures for play or recreational use;
outdoor living room or screen house of up to four hundred (400) square feet. (1988 Code
§40.10)
SECTION 3: Section 1106.04 of the Mounds View Zoning Code is hereby amended with the proposed
additions underlined and the proposed deletions struck out, to read as follows:
1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District (requiring a conditional
use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title):
Subd. 1. Public or semi-public recreational buildings and neighborhood or community centers, public and private
educational institutions limited to elementary, junior high and senior high schools and religious institutions, such as
churches, chapels, temples and synagogues; provided, that:
a. Front yard depths shall be a minimum of thirty-five feet (35').
b. Side yards shall be no less than thirty feet (30').
c. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02, subdivision 2b(3). (Ord.
590, 11-25-96)
d. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section
1103.08 of this Title.
e. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a
public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is adequately
screened and landscaped from surrounding and abutting residential uses in compliance with Section 1103.08 of this
Title.
f. Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122
of this Title.
g. The provisions of Section 1125.01, subdivision 1e of this Title are considered and satisfactorily met. (Ord. 590,
11-25-96)
Subd. 2. Governmental and public utility buildings and structures necessary for the health, safety and general welfare of
the community; provided, that:
a. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements
are met.
b. Equipment is completely enclosed in a permanent structure with no outside storage.
c. Adequate screening from neighboring uses and landscaping is provided in compliance with Section 1103.08 of
this Title.
d. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met.
Subd. 3. Residential planned unit development as regulated by Chapter 1120 of this Title.
Subd. 4. Residential dog/cat kennel.
Subd. 5. Model homes. (1988 Code §40.10)
Subd. 6. Garage Accessory building exceeding nine hundred fifty-two (952) square feet. (Ord. 620, 7-27-98)
a. The accessory building must conform with Section 1103.06 and subdivision 1106.03(l) of this Title.
b. The combined square footage of all accessory buildings on one (1) lot cannot exceed one thousand four hundred
(1,400) square feet. (Ord. 620, 7-27-98)
c. The building shall be designed and maintained to provide a uniform appearance with the dwelling unit.
d. The width of the building cannot exceed thirty-five feet (35') nor allow for more than three (3) vehicle access.
e. The building shall be a permanent structure.
f. e. Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration,
revocation or other action regulated by Section 1125.01 of this Title.
Subd. 7. Accessory storage buildings other than a garage exceeding two hundred sixteen (216) square
feet.
a. The accessory building must conform with Section 1103.06 of this Title and subdivision 1106.03(l) of this Title.
b. The combined square footage of all accessory buildings on one lot cannot exceed one thousand two hundred sixty
four (1,264) square feet.
c. The accessory building shall not exceed four hundred (400) square feet.
d. The building must be a permanent structure.
e. The building shall be designed and maintained to provide a uniform appearance with the dwelling unit.
f. Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration,
revocation or other action regulated by Section 1125.01 of this Title. (Ord. 443, 7-11-88)
Subd. 7 8. Wireless telecommunications towers and antennae subject to the provisions established in
Chapter 1124 of the Zoning Code. (Ord. 588, 2-10-97)
SECTION 4. This Ordinance becomes effective thirty (30) days after its publication in the official City
newspaper.
Read by the City Council of the City of Mounds View on this _____ day of ______, 2000.
Read and passed by the City Council of the City of Mounds View this _____ day of ______, 2000.
_____________________________________
Dan Coughlin, Mayor
ATTEST:
_____________________________________
Michael Ulrich, Interim Clerk / Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________
City Attorney
I:\DATA\USERS\JIME\Old PC\Word Documents\Ordinance 664.doc
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\08-14-00\Item No. 10G--Ratifying Appointment of Election Judges--Givonna Reed.doc
Item No. 10G
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Givonna Reed
Item Title/Subject: Consideration of Resolution 5457 Ratifying the Appointment
of Election Judges for the 2000 Primary and General
Elections
Date of Report: August 14, 2000
State law requires that election judges for Primary and General Elections be appointed
by the municipal governing body. Resolution 5457 containing a preliminary list of
election judges is attached for your consideration and approval. With the Council’s
permission, the list will be expanded if and when necessary.
Election judge chairs are required to have three hours of training and election judges
are required to have 2 hours of training. The training sessions will be offered the week
of August 21, 2000 for chairs and the week of August 28, 2000 for election judges.
Recommendation: Approve the appointment of election judges for the 2000 Primary
and General Elections.
Respectfully Submitted,
___________________________
Givonna Reed
Assistant to the City Administrator
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\08-14-00\Item No. 10G--Ratifying Appointment of Election Judges--Givonna Reed.doc
RESOLUTION NO. 5457
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RATIFYING THE APPOINTMENT OF ELECTION JUDGES FOR THE
2000 PRIMARY ELECTION AND GENERAL ELECTION
WHEREAS, the City of Mounds View is required by law to hold a State Primary
and General Municipal Election; and
WHEREAS, any individual who is eligible to vote in an election precinct is
qualified to be appointed as an election judge for that precinct; and
WHEREAS, no more than half of the election judges working on any given shift
may be members of the same political party; and
WHEREAS, all proposed election judges listed on the attached sheet have met
all of the State qualifications for the position of election judge.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mounds View does hereby ratify the appointment of election judges made by the Mayor
on August 14, 2000. Said appointments are attached.
BE IT FURTHER RESOLVED that the City Council of the City of Mounds View
authorizes the City Clerk-Administrator to appoint additional election judges should
there be a need.
Adopted this 14th day of August, 2000
ATTEST: ___________________________
Dan Coughlin, Mayor
(SEAL)
Mike Ulrich, Interim City Clerk-Administrator
M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\08-14-00\Item No. 10G--Ratifying Appointment of Election Judges--Givonna Reed.doc
DFL
Betty Bright
Judy Enga
Dawn
Groberg-Little
Maren Hawkins
Lillian Mitchell
Wally Nundahl
Laverra Olson
Phyllis Paone
Marsha
Rosenberg
Bill Siems
Lillian Christ
Dorothy Wilhaus
Glenda Bednard
Carol York
Republican
Gladys Biltonen
Shirley Burg
Phyllis Chin
Glenn Partridge
Kathleen
MacRunnels
Susan Mitchell
Mary Peterson
Mario Romani
Lea Burggraff
Janet Schuldt
Merton Sheetz
Jeanine Stage
Annette Steiner
Anita Thompson
Scott Waataja
Bill Walburg
Independence
(formerly Reform)
Shirley Hahn
Constitution
(formerly MN Taxpayers)
Staff Report No. 10 H
Meeting Date: 08/14/00
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Mayor and City Council Members
From: Rick Jopke, Community Development Director
Item Title/Subject: Approval Highway 10 Study Phase 2 Work Plan
Date of Report: August 29, 2018
BACKGROUND
Bob Thistle from Springsted presented the Highway 10 Study Phase 1 report to the City Council at
the August 7th work session. The next phase of the study is to prepare a Highway 10 Improvement
Plan which will include specific action items to be included, estimated costs, funding sources, and an
implementation schedule.
Attached for your consideration is a work plan for phase two of the study that Springsted has
developed. The cost to the City to complete phase 2 of the study is estimated to be $9,075. Springsted
estimates that the estimated time to complete phase 2 would be 6 to 8 weeks from the time they
receive cost estimate information.
Representatives from Springsted will be present at the August 14, 2000 City Council meeting to
discuss the work plan and answer any questions that the City Council may have.
RECOMMENDATION
It is recommended that the City Council approve the Highway 10 Study Phase 2 Work Plan and
authorize the expenditure or up to $9,075 to Springsted to complete the study.
______________________________________
Rick Jopke, Community Development Director
August 8, 2000
The Honorable Dan Coughlin, Mayor
Members of the City Council
Mr. Rick Jopke, Community Development Director
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
Dear Mr. Jopke:
Please find enclosed for your consideration a proposed work plan between the City of Mounds View and Springsted
Incorporated whereby Springsted will assist the City in the development of an Action Plan for County Highway 10.
The proposal represents Phase II of work Springsted has done with the Mounds View Highway 10 Steering
Committee in developing Highway 10 Action Items for consideration and planning by the City Council.
Our attached proposal outlines the major steps that we believe need to be reviewed and implemented in order to
undertake the comprehensive redevelopment of the Highway 10 corridor. The major task include: discussing with
council what portions of the phase I report they want studied, the identification of cost estimates with city staff
support, the development of a financing plan, the identification of potential revenue resources, a final prioritization
of project components, and the development of a time line for implementation.
Our estimated hourly cost of up to 9,075 plus expenses assume timely support and available information from the
city We look forward to carrying on the excellent work that was started by the steering committee, city staff and City
Council in the first phase of the highway 10 Action Plan.
Yours truly,
Robert D. Thistle, Executive Vice President
Manager of Client Development
kli.Mounds View – Rick Jopke.doc
SPRINGSTED Page 3
City of Mounds View, Minnesota
Development of Highway 10 Action Plan
Work Plan August 2000
The purpose of this outline is to present a draft of a proposed work plan between the City of Mounds View and
Springsted Incorporated, whereby Springsted will assist the City in the development of an “Action Plan” for County
Highway 10.
Objectives
One objective of the proposed work plan will be to assist the City in developing cost estimates and identifying
funding sources for each administrative and capital item contained in the Highway 10 Steering Committee Report.
A second objective will be to assist the City in the prioritization of action items along with implementation schedules
for those items eventually included by the City in its Highway 10 improvement plan.
Tasks
Springsted will work with the City to determine which of the administrative and capital action items proposed in the
Steering Committee Report will receive further study and consideration.
Once the study list has been identified Springsted will work with the City to attach cost estimates to each of the
items.
• Springsted will ask the City to supply the estimated costs.
• Where estimated costs are not available, Springsted will seek assistance from the City Engineer or a
consulting engineer identified by the City to develop the estimated Highway 10 improvement costs.
When cost estimates are assigned to the identified action items Springsted will develop a tentative financing plan for
consideration by the City.
• The finance plan will identify alternative funding sources and describe how these sources could be utilized
for the project.
• In addition to identifying cost estimates and financing alternatives, Springsted will make recommendations
as to what combination of funding sources are the most efficient and cost effective for the City to consider.
At the point where Springsted has assisted the City in identifying project costs and funding alternatives it will assist
the City in the prioritization of proposed action items still to be considered for plan implementation.
The culminating activity of this project will be the presentation of a Highway 10 improvement plan.
• The plan will identify the action items to be completed, estimated cost, funding source and timeline for
implementation.
City of Mounds View Staff Report
August 29, 2018
Page 4
• If debt issuance is one of the financing alternatives to be considered basic debt schedules and tax impact
analysis will be presented.
Expectations
In order to successfully conduct this study, the City will need to designate someone on its staff to assist Springsted in
identifying the cost estimates on the administrative and capital action items to be included in the study.
Outcomes
1. Springsted will prepare a draft plan identifying cost estimates and recommended funding alternatives.
2. Springsted will assist the City in the prioritization of action items to be included in the final plan.
3. Springsted will prepare and present to the City a final report which will be a Highway 10 Improvement Plan
including action items to be completed, estimated costs, funding source and implementation schedule.
Compensation and Timeline
Springsted anticipates the estimated time to complete the work from the time we receive the cost estimate
information will be 6 to 8 weeks. We propose to bill on an hourly basis; however our fee for services, exclusive of
any out-of-pocket expenses such as travel and copying, will not exceed $9,075 without written authorization by the
City. Our standard hourly fee schedule and estimated time schedule are shown below:
Estimated Time and Cost
Highway 10 Action Plan
Title Rate
Time
(Hrs.) Cost
Review Principal $150 2 $ 300
Client Representative 150 10 1,500
Project Manager 125 55 6,875
Support Staff 40 10 9,075
Total 77 $9,075
kli.Development of Highway 10 Action Plan.doc